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S.B. No. 1894
AN ACT
relating to the creation, powers, management, and boundaries of
certain utility districts and a water control and improvement
district in Kaufman County; providing authority to impose a tax and
issue bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CREATION OF KAUFMAN COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1
SECTION 1.01. Subtitle I, Title 6, Special District Local
Laws Code, is amended by adding Chapter 9002 to read as follows:
CHAPTER 9002. KAUFMAN COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9002.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means Kaufman County Water Control and
Improvement District No. 1.
Sec. 9002.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Kaufman County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
Sec. 9002.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 9002.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Kaufman County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 9002.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 1.02 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 1.02
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 impose taxes; or
(3) the legality or operation of the district or the
board.
Sec. 9002.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 51, Water Code,
apply to the district.
[Sections 9002.006-9002.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 9002.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) David G. Chaney;
(2) Rick Ellis;
(3) Jim Lee;
(4) Ronald H. Linam; and
(5) Max W. Lindsay.
(b) If a temporary director fails to qualify for office, the
Texas Commission on Environmental Quality shall appoint a person to
fill the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
9002.023; or
(2) the date this chapter expires under Section
9002.003.
Sec. 9002.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. 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 at a location in the district agreeable to a majority of
the directors. If a location cannot be agreed upon, the
organizational meeting shall be at the Kaufman County Courthouse.
At the meeting, the temporary directors shall elect officers from
among the temporary directors and conduct any other district
business.
Sec. 9002.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
Sec. 9002.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 9002.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 9002.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 9002.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 9002.026-9002.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9002.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 9002.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 9002.053-9002.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9002.101. ROAD PROJECTS. (a) To the extent
authorized by Section 52, Article III, Texas Constitution, the
district may construct, acquire, improve, maintain, or operate
macadamized, graveled, or paved roads or turnpikes, or improvements
in aid of those roads or turnpikes, inside the district.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of the municipality or county in whose jurisdiction the
district is located.
(c) The district may not undertake a road project unless
each municipality or county in whose jurisdiction the district is
located consents by ordinance or resolution.
Sec. 9002.102. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain outside the
district only to acquire an easement necessary for a pipeline that
serves the district.
Sec. 9002.103. AUTHORITY TO PROVIDE SERVICES. The district
may provide water, sanitary sewer, drainage, and road services to
any part of the district not receiving those services on the
effective date of the Act creating this chapter.
Sec. 9002.104. AUTHORITY TO CONTRACT. The district may
enter into a contract with an owner of real property in the district
to construct, acquire, finance, own, maintain, or operate works or
projects authorized by Section 9002.103.
Sec. 9002.105. DIVISION OF DISTRICT. The district may
divide into two new districts as provided by Section 53.029, Water
Code.
[Sections 9002.106-9002.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9002.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of and interest on bonds issued under
Section 9002.201.
Sec. 9002.152. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a cable operator as defined by 47 U.S.C. Section
522.
[Sections 9002.153-9002.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 9002.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other
obligations as provided by Chapters 49 and 51, Water Code, to
finance the construction, maintenance, or operation of projects
under Section 9002.101.
(b) The district may not issue bonds under Subsection (a)
unless the issuance is approved by a vote of a two-thirds majority
of the voters of the district voting at an election called for that
purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 9002.101 may not exceed one–fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by the district under Section 9002.101 or to
bonds issued by the district to finance the project.
Sec. 9002.202. USE OF BOND PROCEEDS. The district may use
proceeds from the sale of bonds to acquire from a private water
supply corporation facilities or improvements necessary to provide
a service authorized by Section 9002.103.
SECTION 1.02. Kaufman County Water Control and Improvement
District No. 1 initially includes all the territory contained in
the following described area:
BEING a 150.63 acre tract of land situated in the Lewis Pearce
Survey, Abstract No. 373, Enoch Spivey Survey, Abstract No. 495,
and Thomas A. Waldrop Survey, Abstract No. 597, Kaufman County,
Texas, said tract being a part of Tract 1, Tract 2 and Tract 3, as
described in deed to WG&G Investments, Inc., as recorded in Volume
1308, Page 428, Deed Records Kaufman County, Texas (D.R.K.C.T.),
said tract being more particularly described as follows:
BEGINNING at a 1/2-inch set iron rod with a cap stamped "EC&D RPLS
5439" (hereinafter referred to as "with cap") at the southwest
corner of said WG&G Tract 3, said corner being the southeast corner
of a 14.00 acre tract of land described in deed to Wylie Musser, as
recoded in Volume 2390, Page 15, D.R.K.C.T., said corner being the
southeast corner of Lot 72, Valley View Estates subdivision, as
recorded in Cabinet 1, Envelope 792, Plat Records Kaufman County,
Texas (P.R.K.C.T.), said corner being on the north right-of-way
line of Interstate Highway 80 (variable width);
THENCE North 33 degrees 40 minutes 23 seconds West, along the east
line of said Musser tract, a distance of 1608.52 feet to a 1/2-inch
found iron rod for corner, said corner being the northwest corner of
said WG&G Tract 3;THENCE North 42 degrees 31 minutes 35 seconds
West, continuing along said east line, a distance of 2031.97 feet to
a 1/2-inch set iron rod with cap for the northwest corner of said
WG&G Tract 1, said corner being the southwest corner of a tract
(Tract 2) of land described in deed to Wylie Musser, as recorded in
Volume 1176, Page 807, D.R.K.C.T.;
THENCE North 47 degrees 05 minutes 00 seconds East, along the south
line of said Musser Tract 2, a distance of 1021.61 feet to a
1/2-inch found iron rod for the northeast corner of said WG&G Tract
1, said corner being the northwest corner of Lot 52 of said Valley
View Estates;
THENCE South 42 degrees 18 minutes 36 seconds East, along the west
line of said Valley View Estates, a distance of 1717.55 feet to a
1-1/2-inch found iron pipe for the northwest corner of said WG&G
Tract 2, said corner being the southwest corner of said Valley View
Estates;
THENCE North 47 degrees 29 minutes 14 seconds East, along the south
line of said Valley View Estates, a distance of 1426.02 feet to a
found "T" post for the northeast corner of said WG&G Tract 2, said
corner being the northwest corner of a tract of land described in
deed to Michael W. Bedrick, as recoded in Volume 2385, Page 203,
D.R.K.C.T.;
THENCE South 19 degrees 02 minutes 01 seconds East, along the west
line of said Bedrick tract, a distance of 3451.35 feet to a set "X"
cut in a concrete flume for the southeast corner of said WG&G Tract
2, said corner being the southwest corner of said Bedrick tract,
said corner being on the north right-of-way line of the
aforementioned Interstate Highway 80;
THENCE North 85 degrees 13 minutes 03 feet West, along said north
right-of-way line, a distance of 26.12 feet to a found "X" cut in a
concrete flume, said corner being the southeast corner of a tract of
land described in deed to Kevin Burns, as recorded in Volume 1999,
Page 638, D.R.K.C.T;
THENCE North 19 degrees 05 minutes 03 seconds West, departing said
north right-of-way line and along the east line if said Burns tract,
a distance of 187.33 feet to a 1/2-inch found iron rod with a cap
stamped "VANNOY" for the northeast corner of said Burns tract;
THENCE North 82 degrees 13 minute 13 seconds West, along the north
line of said Burns tract, a distance of 132.14 feet to a 1/2-inch
found iron rod with a cap stamped "VANNOY" for the northwest corner
of said Burns tract, said corner being on the east line of a tract of
land described in deed to Terrell Coachlight Inn Motel, Ltd., as
recoded in Volume 560, Page 88, D.R.K.C.T.;
THENCE North 07 degrees 45 minutes 24 seconds East, along the east
line of said Coachlight Inn tract, a distance of 185.91 feet to a
1/2-inch found iron rod with a cap stamped "VANNOY" for the
northeast corner of said Coachlight Inn;
THENCE North 82 degrees 50 minutes 56 seconds West, along the north
line of said Coachlight Inn tract and a tract of land described in
deed to Parbhubbhai Thakorbhai Patel, as recorded in Volume 1270,
Page 975, D.R.K.C.T., a distance of 429.89 feet to a 1/2-inch set
iron rod with cap for the northwest corner of said Patel tract, said
corner being on the east line of a tract of land described in deed to
B&P Richards Family, Ltd., as recorded in Volume 1344, Page 970,
D.R.K.C.T.;
THENCE North 07 degrees 47 minutes 45 seconds East, along the east
line of said Richards Family tract, a distance of 133.35 feet to a
1/2-inch set iron rod with cap for the northeast corner of Richards
family tract;
THENCE North 82 degrees 12 minutes 37 seconds West, along the north
line of said Richards Family tract, a distance of 275.00 feet to a
1/2-inch found iron rod for the northwest corner of said Richards
Family tract;
THENCE South 07 degrees 47 minutes 23 seconds West, along the west
line of said Richards Family tract, a distance of 489.37 feet to a
1/2-inch found iron rod for the southwest corner of said Richards
Family tract, said corner being on the north right-of-way line of
the aforementioned Interstate Highway 80;
THENCE South 88 degrees 52 minutes 40 seconds West, along said north
right-of-way line, a distance of 336.48 feet to a found aluminum
TXDOT disc for corner;
THENCE South 82 degrees 25 minutes 49 seconds West, along said north
right-of-way line, a distance of 243.88 feet to a 1/2-inch set iron
rod with cap for the southeast corner of said WG&G Tract 3;
THENCE South 82 degrees 19 minutes 10 seconds West, along said north
right-of-way line, a distance of 140.50 feet to a 1/2-inch set iron
rod with cap for corner;
THENCE South 81 degrees 11 minutes 56 seconds West, continuing
along said north right-of-way line, a distance of 159.83 feet to the
POINT OF BEGINNING AND CONTAINING 6,561,390 square feet or 150.63
acres of land more or less.
BEING a 137.22 acre tract of land situated in the Enoch Spivey
Survey, Abstract No. 495 and Thomas A. Waldrop Survey, Abstract No.
597, Kaufman County, Texas, said tract being a part of tract of land
described in deed to Michael W. Bedrick., as recorded in Volume
2385, Page 203, Deed Records Kaufman County, Texas (D.R.K.C.T.),
said tract being more particularly described as follows:
BEGINNING at a 1/2-inch set iron rod with a cap stamped "EC&D RPLS
5439" (hereinafter referred to as "with cap") for the northeast
corner of said Bedrick tract, said corner being the southeast
corner of Lot 35, Valley View Estates subdivision, as recorded in
Cabinet 1, Envelope 792, Plat Records Kaufman County, Texas
(P.R.K.C.T.);
THENCE South 42 degrees 56 minutes 52 seconds East, along the east
line of said Bedrick tract, a distance of 4413.31 feet to a 1-inch
found iron rod for the southeast corner of said Bedrick tract;
THENCE South 49 degrees 18 minutes 24 seconds West, along the south
line of said Bedrick tract, a distance of 1092.38 feet to a 1/2-inch
set iron rod with cap for corner;
THENCE North 41 degrees 29 minutes 54 seconds West, along said
Bedrick tract, a distance of 535.64 feet to a 1/2-inch set iron rod
with cap for corner;
THENCE South 26 degrees 05 minutes 51 seconds West, along said
Bedrick tract, a distance of 559.41 feet to a 1/2-inch found iron
rod for corner on the north right-of-way line of Interstate Highway
80 (variable width);
THENCE North 55 degrees 46 minutes 32 seconds West, along said north
right-of-way line, a distance of 204.62 feet to a found concrete
TXDOT monument;
THENCE North 59 degrees 14 minutes 00 seconds West, along said north
right-of-way line, a distance of 219.20 feet to a found concrete
TXDOT monument;
THENCE North 66 degrees 31 minutes 06 seconds West, along said north
right-of-way line, a distance of 220.34 feet to a found aluminum
TXDOT disc;
THENCE North 76 degrees 31 minutes 00 seconds West, along said north
right-of-way line, a distance of 220.47 feet to a found aluminum
TXDOT disc;
THENCE North 85 degrees 13 minutes 03 seconds West, along said north
right-of-way line, a distance of 120.05 feet to a set "X" cut in a
concrete flume for the southwest corner of said Bedrick tract, said
corner being the southeast corner of a tract (Tract 2) of land
described in deed to WG&G Investments, Inc., as recorded in Volume
1308, Page 428, D.R.K.C.T.;
THENCE North 19 degrees 02 minutes 01 seconds West, departing said
north right-of-way line and along the east line of said WG&G Tract
2, a distance of 3451.35 feet to a found "T" post for the northwest
corner of said Bedrick tract, said corner being the northeast
corner of said WG&G Tract 2, said corner being on the south line of
the aforementioned Valley View Estates subdivision;
THENCE North 47 degrees 29 minutes 14 seconds East, along the south
line of said Valley View Estates, a distance of 599.01 to the POINT
OF BEGINNING AND CONTAINING 5,977,174 square feet or 137.22 acres
of land more or less.
BEING a 298.42 acre tract of land situated in the Lewis Pearce
Survey, Abstract No. 373, John B. White Survey, Abstract No. 580,
Wesley Boles Survey, Abstract No. 55, Mary T. Jones Survey,
Abstract No. 259 and Joel Eaton Survey, Abstract No. 147, Kaufman
County, Texas, said tract being all of a Tract 1, Tract 2 and Tract
3, as described in deed to Wylie Musser, as recorded in Volume 1176,
Page 807, Deed Records Kaufman County, Texas (D.R.K.C.T.), and all
of a tract of 14.00 acre tract of land described in deed to Wylie
Musser, as recorded in Volume 2390, Page 15, D.R.K.C.T., said tract
also being all of Valley View Estates subdivision, as recorded in
Cabinet 1, Envelope 792, Plat Records Kaufman County, Texas
(P.R.K.C.T.), said tract being more particularly described as
follows:
BEGINNING at a 1/2-inch set iron rod with a cap stamped "EC&D RPLS
5439" (hereinafter referred to as with cap) at the southeast corner
of said Musser tract (Volume 2390, Page 15) and Lot 72 of said
Valley View Estates, said corner being the southwest corner of a
tract (Tract 3) of land described to WG&G Investments, Inc., as
recorded in Volume 1308, Page 428, D.R.K.C.T., said corner being on
the north right-of-way line of Interstate Highway 80 (variable
width);
THENCE South 81 degrees 10 minutes 01 seconds West, along said north
right-of-way line, a distance of 282.46 feet to a 1/2-inch set iron
rod with cap for corner;
THENCE South 84 degrees 45 minutes 16 seconds West, along said north
right-of-way line, a distance of 303.51 feet to a found aluminum
TXDOT disc for corner;
THENCE South 82 degrees 59 minutes 18 seconds West, along said north
right-of-way line, a distance of 459.46 feet to a found aluminum
TXDOT disc for corner;
THENCE North 87 degrees 54 minutes 16 seconds West, along said north
right-of-way line, a distance of 276.19 feet to a 1/2-inch set iron
rod with cap for corner;
THENCE South 87 degrees 10 minutes 25 seconds West, along said north
right-of-way line, a distance of 193.99 feet to a 1/2-inch set iron
rod with cap for corner;
THENCE South 87 degrees 53 minutes 37 seconds West, along said north
right-of-way line, a distance of 1298.55 feet to a 1/2-inch set iron
rod with cap for corner;
THENCE North 85 degrees 39 minutes 16 seconds West, along said north
right-of-way line, a distance of 148.50 feet to a point for corner
within Big Brushy Creek, said corner being the southwest corner of
said Musser Tract 1;
THENCE Northerly, along the meanders of Big Brushy Creek and the
west line of said Musser Tract 1 the following calls:
North 20 degrees 14 minutes 18 seconds East, a distance of 37.50
feet;
North 83 degrees 07 minutes 00 seconds East, a distance of 136.40
feet;
North 67 degrees 26 minutes 02 seconds East, a distance of 105.68
feet;
North 19 degrees 51 minutes 16 seconds East, a distance of 76.41
feet;
North 41 degrees 05 minutes 23 seconds West, a distance of 86.95
feet;
North 72 degrees 42 minutes 44 seconds West, a distance of 162.42
feet;
North 15 degrees 58 minutes 05 seconds West, a distance of 58.33
feet;
North 34 degrees 33 minutes 33 seconds East, a distance of 204.91
feet;
North 28 degrees 27 minutes 58 seconds West, a distance of 126.35
feet;North 84 degrees 33 minutes 05 seconds West, a distance of
185.49 feet;
South 81 degrees 35 minutes 46 seconds West, a distance of 105.18
feet;
North 37 degrees 41 minutes 32 seconds West, a distance of 199.30
feet;
North 22 degrees 15 minutes 54 seconds West, a distance of 71.54
feet;
North 41 degrees 21 minutes 42 seconds West, a distance of 102.13
feet;
North 70 degrees 28 minutes 54 seconds West, a distance of 109.65
feet;
North 65 degrees 51 minutes 41 seconds West, a distance of 93.59
feet;
North 57 degrees 13 minutes 47 seconds West, a distance of 85.07
feet;
North 09 degrees 20 minutes 55 seconds West, a distance of 70.78
feet;
North 50 degrees 36 minutes 27 seconds East, a distance of 79.50
feet;
North 74 degrees 03 minutes 11 seconds East, a distance of 147.45
feet;
North 38 degrees 39 minutes 06 seconds East, a distance of 61.11
feet;
North 28 degrees 14 minutes 49 seconds West, a distance of 120.50
feet;
North 33 degrees 43 minutes 43 seconds East, a distance of 72.47
feet;
North 40 degrees 02 minutes 41 seconds East, a distance of 189.82
feet;
North 01 degrees 08 minutes 51 seconds West, a distance of 186.73
feet;
North 22 degrees 33 minutes 57 seconds West, a distance of 178.06
feet;
North 37 degrees 01 minutes 23 seconds West, a distance of 13.15
feet;
North 31 degrees 15 minutes 29 seconds West, a distance of 66.24
feet;
North 15 degrees 46 minutes 18 seconds West, a distance of 87.22
feet;
North 06 degrees 18 minutes 47 seconds East, a distance of 74.56
feet;
North 02 degrees 38 minutes 54 seconds East, a distance of 173.49
feet;
North 00 degrees 11 minutes 43 seconds West, a distance of 289.20
feet;
North 27 degrees 16 minutes 46 seconds West, a distance of 109.92
feet;
North 48 degrees 51 minutes 32 seconds West, a distance of 93.21
feet;
North 49 degrees 57 minutes 50 seconds West, a distance of 116.95
feet;
North 11 degrees 35 minutes 36 seconds West, a distance of 115.16
feet;
North 04 degrees 14 minutes 15 seconds East, a distance of 81.28
feet;
North 46 degrees 49 minutes 01 seconds West, a distance of 62.77
feet to a point for the northwest corner of said Musser Tract 1;
THENCE North 48 degrees 18 minutes 05 seconds East, along the north
line of said Musser tracts, passing at a distance of 17.56 feet a
1/2-inch found iron rod for reference, continuing a total distance
of 2082.13 feet to a found fence corner post for the northeast
corner of said Musser Tract 2;
THENCE South 43 degrees 02 minutes 37 seconds East, along the east
line of said Musser Tract 2, a distance of 969.27 feet to a 1/2-inch
found iron rod for the southeast corner of said Musser Tract 2, said
corner being on the north line of said Musser Tract 3 and the
aforementioned Valley View Estates;
THENCE North 47 degrees 38 minutes 18 seconds East, along said north
lines, a distance of 3442.22 feet to a 1/2-inch set iron rod with
cap for the northeast corner of said Musser Tract 3 and said Valley
View Estates;
THENCE South 31 degrees 07 minutes 49 seconds East, along the east
line of said Musser Tract 3, said Valley View Estates and a gravel
road (County Road 239), a distance of 832.96 feet to a 1/2-inch set
iron rod with cap for the most easterly southeast corner of said
Musser Tract 3 and said Valley View Estates;
THENCE South 47 degrees 32 minutes 09 seconds West, departing said
gravel road (County Road 239) and along said Musser Tract 3 and said
Valley View Estates, a distance of 1322.27 feet 3/8-inch found iron
rod for an ell corner of said Musser Tract 3 and said Valley View
Estates;
THENCE South 41 degrees 53 minutes 11 seconds East, along said
Musser Tract 3 and said Valley View Estates, a distance of 892.87
feet to a 1/2-inch set iron rod with cap for the southeast corner of
said Musser Tract 3 and said Valley View Estates, said corner being
the northeast corner of a tract of land described in deed to Michael
W. Bedrick, as recorded in Volume 2385, Page 203, D.R.K.C.T.;
THENCE South 47 degrees 29 minutes 14 seconds West, along the south
line of said Musser Tract 3, said Valley View Estates and the north
line of said Bedrick tract, passing at a distance of 599.01 feet a
found "T" post for the northwest corner of said Bedrick tract and
the northeast corner of a tract (Tract 2) of land described in deed
to WG&G Investments, Inc., as recorded in Volume 1308, Page 428,
D.R.K.C.T., continuing a total distance of 2025.03 feet 1-1/2-inch
found iron pipe for the southwest corner of said Musser Tract 3 and
said Valley View Estates, said corner being the northwest corner of
said WG&G Investments tract, said corner being on the east line of a
WG&G tract (Tract 1), as recorded in Volume 1308, Page 428,
D.R.K.C.T.;
THENCE North 42 degrees 18 minutes 36 seconds West, along the west
line of said Musser Tract 3 and said Valley View Estates and the
east line of said WG&G Tract 1, a distance of 1717.55 feet to a
1/2-inch found iron rod for the northwest corner of said Musser
Tract 3 and said Valley View Estates, said corner being the
northeast corner of said WG&G Tract 1, said corner being on the
south line of the aforementioned Musser Tract 2;
THENCE South 47 degrees 05 minutes 00 seconds West, along the south
line of said Musser Tract 2 and the north line of said WG&G Tract 1,
a distance of 1021.61 feet to a 1/2-inch set iron rod with cap for
the southwest corner of said Musser Tract 2 and the northwest corner
of said WG&G Tract 1, said corner being on the east line of the
aforementioned 14.00 acre Musser tract;
THENCE South 42 degrees 31 minutes 35 seconds East, along the east
line of said 14.00 acre Musser tract and the west line of said WG&G
Tract 1, a distance of 2031.97 feet to a 1/2-inch found iron rod for
corner, said corner being the northwest corner of a tract (Tract 3)
of land described in deed to WG&G Investments, Inc., as recorded in
Volume 1308, Page 428, D.R.K.C.T.;
THENCE South 33 degrees 40 minutes 23 seconds East, along the east
line of said 14.00 acre Musser tract and the west line of said WG&G
Tract 3, a distance of 1608.52 feet to the POINT OF BEGINNING AND
CONTAINING 12,999,118 square feet or 298.42 acres of land more or
less, of which 751,505 square feet or 17.25 acres are within
dedicated rights-of-way.
SECTION 1.03. (a) The legal notice of the intention to
introduce this article, setting forth the general substance of this
article, has been published as provided by law, and the notice and a
copy of this article 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 article to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this article 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 article are
fulfilled and accomplished.
ARTICLE 2. CREATION OF LAS LOMAS MUNICIPAL UTILITY DISTRICT NO. 4
OF KAUFMAN COUNTY
SECTION 2.01. Subtitle F, Title 6, Special District Local
Laws Code, is amended by adding Chapter 8138 to read as follows:
CHAPTER 8138. LAS LOMAS MUNICIPAL UTILITY
DISTRICT NO. 4 OF KAUFMAN COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8138.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means Las Lomas Municipal Utility
District No. 4 of Kaufman County.
Sec. 8138.002. NATURE OF DISTRICT. The district is a
municipal utility district in Kaufman County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 8138.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8138.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Kaufman County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 8138.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2.02 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2.02
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 impose taxes; or
(3) the legality or operation of the board.
[Sections 8138.005-8138.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8138.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Don Allard;
(2) Terry Durbin;
(3) Michael Higgins;
(4) Matthew McDonald; and
(5) Machelle Wilson.
(b) 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 three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of persons
to fill all vacancies on the board.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8138.023; or
(2) the date this chapter expires under Section
8138.003.
Sec. 8138.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. 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 at a location in the district agreeable to a majority of
the directors. If a location cannot be agreed upon, the
organizational meeting shall be at the Kaufman County Courthouse.
Sec. 8138.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
Sec. 8138.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8138.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8138.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8138.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8138.026-8138.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8138.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8138.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8138.053-8138.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8138.101. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8138.102. ROAD PROJECTS. (a) To the extent
authorized by Section 52, Article III, Texas Constitution, the
district may construct, acquire, improve, maintain, or operate
macadamized, graveled, or paved roads or turnpikes, or improvements
in aid of those roads or turnpikes, inside the district.
(b) A project authorized by this section must meet or exceed
the construction standards adopted by the North Central Texas
Council of Governments, or its successor agency.
(c) The district may not undertake a road project unless
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution. If the district is located outside the
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless each county in which the
district is located consents by ordinance or resolution.
Sec. 8138.103. CERTIFICATE OF CONVENIENCE AND NECESSITY.
(a) The district may pay out of bond proceeds or other available
district money all expenses, including legal, engineering, and
other fees, related to obtaining a new certificate of convenience
and necessity under Chapter 13, Water Code, authorizing the
district to provide retail water or sewer service inside or outside
the district.
(b) The district may pay out of bond proceeds or other
available district money all expenses, including the purchase
price, related to acquiring certificate of convenience and
necessity rights from another retail public utility to allow the
district to provide retail water or sewer service in the district.
Sec. 8138.104. CONTRACT WITH POLITICAL SUBDIVISION FOR
WATER OR SEWER SERVICES. (a) The district may enter into a
contract to allow a political subdivision to provide retail water
or sewer service in the district. The contract may contain terms
the board considers desirable, fair, and advantageous to the
district.
(b) The contract may provide that the district will
construct or acquire and convey to the political subdivision a
water supply or treatment system, a water distribution system, or a
sanitary sewage collection or treatment system as necessary to
provide water or sewer service in the district.
(c) The district may use bond proceeds or other available
district money to pay for its obligations and for services and
facilities provided under the contract.
(d) If the contract requires the district to make payments
from taxes other than operation and maintenance taxes, the contract
is subject to Section 49.108, Water Code.
Sec. 8138.105. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain outside the
district only to acquire an easement necessary for a pipeline that
serves the district.
[Sections 8138.106-8138.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8138.151. OPERATION AND MAINTENANCE TAX. (a) The
district may impose a tax for any district operation and
maintenance purpose in the manner provided by Section 49.107, Water
Code.
(b) Section 49.107(f), Water Code, does not apply to
reimbursements for projects constructed or acquired under Section
8138.102.
Sec. 8138.152. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of and interest on bonds issued under
Section 8138.201.
Sec. 8138.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code;
(4) a cable operator, as defined by 47 U.S.C. Section
522; or
(5) a person who provides to the public advanced
telecommunications services.
[Sections 8138.154-8138.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8138.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other
obligations as provided by Chapters 49 and 54, Water Code, and to
finance:
(1) the construction, maintenance, or operation of
projects under Section 8138.102;
(2) the district's efforts to obtain a new certificate
of convenience and necessity or to acquire certificate of
convenience and necessity rights under Section 8138.103; or
(3) the district's contractual obligations under
Section 8138.104.
(b) The district may not issue bonds to finance projects
authorized by Section 8138.102 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8138.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by the district under Section 8138.102 or to
bonds issued by the district to finance the project.
[Sections 8138.202-8138.250 reserved for expansion]
SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8138.251. DIVISION OF DISTRICT; REQUIREMENTS. (a) At
any time before the district issues indebtedness secured by taxes
or net revenues, the district, including any annexed territory, may
be divided into two or more new districts.
(b) A new district created by division of the district must
be at least 100 acres.
(c) The board may consider a proposal to divide the district
on:
(1) a petition of a landowner in the district; or
(2) a motion by the board.
(d) If the board decides to divide the district, the board
shall:
(1) set the terms of the division, including names for
the new districts and a plan for the payment or performance of any
outstanding district obligations; and
(2) prepare a metes and bounds description for each
proposed district.
Sec. 8138.252. ELECTION FOR DIVISION OF DISTRICT.
(a) After the board has complied with Section 8138.251(d), the
board shall hold an election in the district to determine whether
the district should be divided as proposed.
(b) The board shall give notice of the election not later
than the 35th day before the date of the election. The notice must
state:
(1) the date and location of the election; and
(2) the proposition to be voted on.
(c) If a majority of the votes are cast in favor of the
division:
(1) the district shall be divided; and
(2) not later than the 30th day after the date of the
election, the district shall provide written notice of the division
to:
(A) the Texas Commission on Environmental
Quality;
(B) the attorney general;
(C) the commissioners court of each county in
which a new district is located; and
(D) any municipality having extraterritorial
jurisdiction over territory in each new district.
(d) If a majority of the votes are not cast in favor of the
division, the district may not be divided.
Sec. 8138.253. ELECTION OF DIRECTORS OF NEW DISTRICTS.
(a) Not later than the 90th day after the date of an election in
favor of the division of the district, the board shall:
(1) appoint itself as the board of one of the new
districts; and
(2) appoint five directors for each of the other new
districts.
(b) Directors appointed under Subsection (a)(1) serve the
staggered terms to which they were elected in the original
district. Directors appointed under Subsection (a)(2) serve until
the election for directors under Subsection (c).
(c) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, an election shall be held to elect five directors in each
district for which directors were appointed under Subsection
(a)(2). The directors shall draw lots to determine which two shall
serve two-year terms and which three shall serve four-year terms.
(d) Except as provided by Subsection (c), directors serve
staggered four-year terms. On the uniform election date in May of
each even-numbered year, the appropriate number of directors shall
be elected.
Sec. 8138.254. CONTINUING POWERS AND OBLIGATIONS OF NEW
DISTRICTS. (a) Each new district may incur and pay debts and has
all powers of the original district created by this chapter.
(b) If the district is divided as provided by this
subchapter, the current obligations and any bond authorizations of
the district are not impaired. Debts shall be paid by revenues or
by taxes or assessments imposed on real property in the district as
if the district had not been divided or by contributions from each
new district as stated in the terms set by the board under Section
8138.251(d).
(c) Any other district obligation shall be divided pro rata
among the new districts on an acreage basis or on other terms that
are satisfactory to the new districts.
Sec. 8138.255. CONTRACT AUTHORITY OF NEW DISTRICTS. The
new districts may contract with each other for:
(1) water and wastewater services; or
(2) any other matter the boards of the new districts
consider appropriate.
SECTION 2.02. Las Lomas Municipal Utility District No. 4 of
Kaufman County initially includes all the territory contained in
the following described area:
TRACT 1
BEING a tract of land situated in the R. Mead Survey, Abstract
No. 316, and the W.M. Simpson Survey, Abstract No. 453, Kaufman
County, Texas, and being a part of the certain 442.406 acres tract
of land as conveyed from Michael H. McDowell et al to the McDowell
Clan Limited Company, recorded in Volume 1648, Page 39, of the Deed
Records of Kaufman County, Texas, and a part of that called Second
Tract of 147.4 acres, described in a deed from Thos. R. Bond to
Thomas H. Crofts, recorded in Volume 413, Page 314, of the Deed
Records of Kaufman County, Texas, and being more particularly
described as follows;
COMMENCING at the northeast corner of a 15.332 acre tract
conveyed to James E. Bates, as recorded in Volume 1172, Page 812,
said rod being a point on the southeast line of the (New) Interstate
Highway 20 (variable width right-of-way);
THENCE along the southeast line of the (New) Interstate Highway 20,
the following courses:
N61°26'00"E, 499.31 feet to a corner;
N56°10'06"E, 614.11 feet to a corner;
N52°28'55"E, 550.82 feet to a corner;
N55°36'15"E, 1800.00 feet to a corner;
N58°43'35"E, 550.82 feet to a corner;
N55°36'15"E, 333.17 feet to the POINT OF BEGINNING;
THENCE Northeasterly, continuing along the southeast line of said
(New) Interstate Highway 20, the following courses;
N55°36'15"E, 466.83 feet to a corner;
N53°58'03"E, 1050.43 feet to a corner;
N55°36'15"E, 754.45 feet to the beginning of a tangent curve to the
right;
THENCE Northeasterly, along a tangent curve to the right which has a
chord that bears N57°26'55"E for 355.95 feet, a central angle of
03°41'20" and a radius of 5529.58 feet, for an arc distance of 356.01
feet to the most northerly west corner of a tract of land as
described in a deed to Harry Wayne Everett, recorded in Volume 1148,
Page 696;
THENCE along the southwesterly line of said Everett tract, the
following courses;
S44°02'15"E, 1082.82 feet to a corner;
S43°59'37"E, 434.78 feet to a corner;
S44°44'00"W, 287.56 feet to the beginning of a curve to the right;
Southwesterly along the tangent curve to the right which has a chord
bearing S59°26'46"W, for 245.41 feet, a central angle of 29°34'01"
and a radius of 480.87 feet, for an arc distance of 248.15 feet to
the end of said curve;
S17°58'30"E, 138.44 feet to a corner;
S43°29'26"W, 460.56 feet to an ell corner;
S42°27'26E, 3519.51 feet to the south corner of said Everett tract,
said corner also being the west corner of an 80.000 acre tract of
land called Huneycutt Family Trust;
THENCE S44°28'50"E, 1359.43 feet to a corner;
THENCE S44°00'52"E, 308.37 feet to an ell corner;
THENCE S46°09'05"W, 128.94 feet to the beginning of a non-tangent
curve to the right;
THENCE Northwesterly, along the non-tangent curve to the right
which has a chord that bears N65°53'02"W for 3456.34 feet, a central
angle of 38°12'38" and a radius of 5280.00 feet, for an arc distance
of 3521.23 feet to the end of said curve;
THENCE N46°46'43"W, 1780.63 feet to the beginning of a tangent curve
to the right;
THENCE Northwesterly, along the tangent curve to the right which
has a chord that bears N42°24'39"W for 804.26 feet, a central angle
of 08°44'09" and a radius of 5280.00 feet, for an arc distance of
805.04 feet to the end of said curve;
THENCE N44°06'01"W, 249.64 feet to a corner;
THENCE N37°55'56"W, 400.16 feet to a corner;
THENCE N45°47'07" W, 780.18 feet to the POINT OF BEGINNING and
containing 10,873,600 square feet or 249.623 acres of land, more or
less.
Tract 2
BEING a tract of land situated in the J. W. WARD SURVEY,
ABSTRACT NO. 596, and the W. M. SIMPSON SURVEY, ABSTRACT NO. 453, in
Kaufman County, Texas, and being all of a called 288.239 acre tract
of land described as Tract 1 in a deed to AP Terrell Limited
Partnership, recorded in Volume 2324, Page 267 of the Deed Records
of Kaufman County, Texas, and being more particularly described as
follows, the bearing being referenced to the AP Terrell Limited
Partnership Deed, and being more particularly described as follows:
BEGINNING at a point in the northerly right-of-way of I. H.
20, said point being the east corner of a called 20.575 acre tract
of land described as Tract 9 in a deed to AP Dupont Limited
Partnership, recorded in Volume 2504, Page 77 of said Deed Records,
and the south corner of said 288.239 acre tract;
THENCE North 44 degrees 27 minutes 14 seconds West, along the
northeast line of said 20.575 acre tract and the southwest line of
said 288.239 acre tract, a distance of 889.56 feet to a point in the
southeast line of a called 1012.488 acre tract described in a deed
to AP Dupont Limited Partnership and the west corner of said 288.239
acre tract and the north corner of said 20.575 acre tract;
THENCE North 45 degrees 38 minutes 40 seconds East, along the
southeast line of a said 1012.488 acre tract and the northwest line
of said 288.239 acre tract, a distance of 7660.98 feet for the north
corner of said 288.239 acre tract ;
THENCE South 44 degrees 24 minutes 55 seconds East, along the
southwest line of a tract of land described in deed to C. L.
Hamilton, Jr. recorded in Volume 528, Page 759 of the Deed Records,
Kaufman County, Texas, and the northeast line of said 288.239 acre
tract, a distance of 2008.20 feet;
THENCE South 46 degrees 14 minutes 17 seconds West, along the
southeasterly line of said 288.239 acre tract, a distance of 797.13
feet;
THENCE South 44 degrees 04 minutes 45 seconds East, a distance of
222.22 feet to a point in the northerly right-of-way of I. H. 20 for
the beginning of a non-tangent curve to the left;
THENCE Southwesterly, along the northerly right-of-way of I. H. 20
and along said non-tangent curve to the left which has a chord that
bears South 56 degrees 59 minutes 44 seconds West for 288.05 feet, a
central angle of 02 degrees 47 minutes 01 second and a radius of
5929.58 feet, for an arc distance of 288.08 feet to the end of said
curve;
THENCE South 55 degrees 36 minutes 15 seconds West, continuing
along the northerly right-of-way of I. H. 20, a distance of 904.46
feet;
THENCE South 57 degrees 53 minutes 41 seconds West, continuing
along the northerly right-of-way of I. H. 20, a distance of 750.60
feet
THENCE South 55 degrees 36 minutes 15 seconds West, continuing
along the northerly right-of-way of I. H. 20, a distance of 1150.00
feet;
THENCE South 50 degrees 42 minutes 18 seconds West, continuing
along the northerly right-of-way of I. H. 20, a distance of 351.28
feet;
THENCE South 55 degrees 44 minutes 05 seconds West, continuing
along the northerly right-of-way of I. H. 20, a distance of 2715.75
feet;
THENCE South 63 degrees 17 minutes 12 seconds West, continuing
along the northerly right-of-way of I. H. 20, a distance of 839.80
feet to the POINT OF BEGINNING and containing 288.239 acres of land,
more of less.
Tract 3
BEING a tract of land situated in the J. R. LEATH SURVEY,
ABSTRACT NO. 305, the W. C. MOODY SURVEY, ABSTRACT NO. 321, the
RICHARD MEAD SURVEY, ABSTRACT NO. 326, the LEWIS PEARCE SURVEY,
ABSTRACT NO. 373, the WILLIAM SIMPSON SURVEY, ABSTRACT NO. 453, the
J. W. WARD SURVEY, ABSTRACT NO. 596, and the T. A. WALDROP SURVEY,
ABSTRACT NO. 597 in Kaufman County, Texas, and being all of a called
1012.488 acre tract of land described as Tract 1 in a deed to AP
Dupont Limited Partnership recorded in Volume 2502, Page 77 of the
Deed Records of Kaufman County, Texas, part of a called 1406.504
acre tract of land described as Tract 2 in said deed, all of a called
57.77 acre tract of land described as Tract 5 in said deed, all of a
called 38.410 acre tract of land described as Tract 6A in said deed,
all of a called 46.324 acre tract of land described as Tract 6B in
said deed, all of a called 146.491 acre tract of land described a
Tract 6C in said deed, all of a called 418.350 acre tract of land
described as Tract 6D in said deed, all of a called 210.082 acre
tract of land described as Tract 7 in said deed, all of a called 3.09
acre tract of land described as Tract 8 in said deed, all of a called
20.575 acre tract of land described as Tract 9 in said deed, all of a
called 242.39 acre tract of land described as Tract 10 in said deed,
and all of a called 55.848 acre tract of land described as Tract 11
in said deed, all of a called 40.186 acre tract of land described in
a deed AP Dupont Limited Partnership recorded in Volume 2489, Page
481 of said Deed Records, all of a called 20.000 acre tract
described in a deed to the Texas Veterans Land Board recorded in
Volume 1070, Page 332 and in a Contract of Sale between the Texas
Veterans Land Board and Melvin Earl Duke recorded in Volume 1070,
Page 336 of said Deed Records, and all of a called 20.000 acre tract
of land described in a deed to Robert A. Brooks and Barbara M.
Brooks recorded in Volume 1277, Page 618 of said Deed Records, and
being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with cap marked "PETITT -
RPLS 4087" set in the southwest right-of-way line of Spur 557
(variable right-of-way) for the most easterly corner of said
1012.488 acre tract (Tract 1) and the northwest corner of a called
131.36 acre tract of land described as Tract V in a deed to 148/I-20
Terrell Partnership, Ltd., recorded in Volume 1939, Page 341 of
said Deed Records;
THENCE South 45 degrees 16 minutes 35 seconds West, along the
southeasterly boundary of said tract 1 and the northwest lines of
said Tract V and a called 120.00 acre tract of land described as
Tract IV in said deed to 148/I-20 Terrell Partnership, Ltd., a
distance of 2141.57 feet to a 5/8-inch iron rod with cap marked
"PETITT - RPLS 4087" set for the most westerly corner of said Tract
IV;
THENCE South 45 degrees 02 minutes 34 seconds East, along the
southwest line of said Tract IV, a distance of 99.72 feet to a
5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set for a
re-entrant corner in said Tract 1 and the north corner of a called
80.083 acre tract of land described in a deed to C. L. Hamilton,
Jr., recorded in Volume 528, Page 759 of said Deed Records;
THENCE South 45 degrees 05 minutes 40 seconds West, continuing
along the southeasterly boundary of said Tract 1 and along the
northwest line of said Hamilton tract, a distance of 1795.83 feet to
a 1/2-inch iron rod found in the northeast line of a called 288.239
acre tract of land described as Tract 1 in a deed to AP Terrell
Limited Partnership recorded in Volume 2324, page 267 of said Deed
Records for the west corner of said Hamilton tract and a re-entrant
corner of said Tract 1;
THENCE North 44 degrees 23 minutes 07 seconds West, continuing
along the southeasterly boundary of said Tract 1 and the northeast
line of said 288.239 acre tract, a distance of 99.93 feet to a
5/8-inch iron rod found for the most northerly corner of said
288.239 acre tract;
THENCE South 45 degrees 29 minutes 35 seconds West, along the common
line between said Tract 1 and said 288.239 acre tract, a distance of
6060.97 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS
4087" set for an angle point;
THENCE South 45 degrees 28 minutes 26 seconds West, continuing
along said common line, a distance of 1601.11 feet to a 5/8-inch
iron rod with cap marked "PETITT - RPLS 4087" set for the west
corner of said 288.239 acre tract and the north corner of said Tract
9;
THENCE South 44 degrees 25 minutes 44 seconds East, along the
northeast line of said Tract 9 and the southwest line of said
288.239 acre tract, a distance of 898.56 feet to a 5/8-inch iron rod
with cap marked "PETITT - RPLS 4087" set in the northerly
right-of-way of Interstate Highway 20 ( variable right-of-way) for
the south corner of said 288.239 acre tract and the east corner of
said Tract 9;
THENCE along the northerly right-of-way of Interstate Highway 20
the following courses and distances:
South 63 degrees 04 minutes 03 seconds West, a distance of 631.14
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 75 degrees 45 minutes 02 seconds West, a distance of 1122.84
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 77 degrees 15 minutes 22 seconds West, a distance of 2160.34
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 87 degrees 10 minutes 56 seconds West, a distance of 406.08
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 77 degrees 15 minutes 22 seconds West, a distance of 1593.39
feet to a 5/8-inch iron rod found for the most southerly southwest
corner of said Tract 1;
THENCE North 44 degrees 55 minutes 22 seconds West, along the
southwest line of said Tract 1, a distance of 1236.59 feet to the
west corner thereof and the south corner of a called 226.262 acre
tract of land described in a deed to Stephen Edward Cummings and
wife Tamara Cannon Cummings recorded in Volume 1105, Page 405 of
said Deed Records;
THENCE North 44 degrees 40 minutes 05 seconds East, along the most
southerly northwest line of said Tract 1 and the southeast line of
said Cummings tract, a distance of 2494.90 feet to a point in the
approximate center of Big Brushy Creek;
THENCE along the approximate center of Big Brushy Creek the
following courses and distances
North 06 degrees 12 minutes 18 seconds West, a distance of 345.93
feet;
North 09 degrees 55 minutes 23 seconds West, a distance of 554.42
feet;
North 08 degrees 46 minutes 10 seconds West, a distance of 381.09
feet;
North 05 degrees 35 minutes 18 seconds East, a distance of 162.78
feet;
North 22 degrees 31 minutes 18 seconds West, a distance of 166.93
feet;
North 09 degrees 47 minutes 43 seconds West, a distance of 320.94
feet;
North 05 degrees 05 minutes 10 seconds West, a distance of 140.62
feet;
North 23 degrees 45 minutes 30 seconds East, a distance of 76.71
feet;
North 11 degrees 46 minutes 42 seconds West, a distance of 70.46
feet;
North 03 degrees 51 minutes 18 seconds West, a distance of 166.62
feet;
North 13 degrees 06 minutes 48 seconds West, a distance of 273.76
feet;
North 12 degrees 55 minutes 02 seconds East, a distance of 79.03
feet;
North 05 degrees 00 minutes 55 seconds West, a distance of 192.13
feet;
North 07 degrees 15 minutes 15 seconds East, a distance of 69.36
feet;
North 05 degrees 47 minutes 42 seconds West, a distance of 88.93
feet;
North 19 degrees 00 minutes 10 seconds East, a distance of 143.40
feet;
North 07 degrees 53 minutes 29 seconds East, a distance of 76.28
feet;
North 18 degrees 45 minutes 36 seconds East, a distance of 63.08
feet;
North 09 degrees 31 minutes 32 seconds East, a distance of 132.11
feet;
North 02 degrees 16 minutes 10 seconds West, a distance of 71.67
feet;
North 14 degrees 29 minutes 56 seconds West, a distance of 124.10
feet;
North 31 degrees 34 minutes 04 seconds West, a distance of 80.42
feet;
North 20 degrees 56 minutes 55 seconds West, a distance of 85.21
feet;
North 02 degrees 03 minutes 48 seconds East, a distance of 66.26
feet;
North 04 degrees 20 minutes 07 seconds West, a distance of 107.71
feet;
North 25 degrees 55 minutes 20 seconds West, a distance of 126.58
feet;
North 33 degrees 42 minutes 49 seconds West, a distance of 66.57
feet;
North 48 degrees 30 minutes 57 seconds West, a distance of 45.41
feet;
North 75 degrees 33 minutes 32 seconds West, a distance of 35.14
feet to the west corner of said Tract 4 and the north corner of said
Cummings tract, said point being in the southeasterly boundary of
said tract 2;
THENCE South 45 degrees 08 minutes 13 seconds West, along the
northwesterly boundary of said Cummings tract and the southeasterly
boundary of said Tract 2, a distance of 636.24 feet to a 5/8-inch
iron rod with cap marked "PETITT - RPLS 4087" set for corner;
THENCE South 25 degrees 51 minutes 12 seconds West, continuing
along the northwesterly boundary of said Cummings tract and the
southeasterly boundary of said Tract 2, a distance of 1632.88 feet
to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set for
corner;
THENCE South 44 degrees 51 minutes 12 seconds West, continuing
along the northwesterly boundary of said Cummings tract and the
southeasterly boundary of said Tract 2, a distance of 864.04 feet to
the east corner of a called 10.0 acre tract of land described in a
deed to Floyd Darden and John Darden recorded in Volume 1033, Page
384 of said Deed Records;
THENCE North 00 degrees 51 minutes 17 seconds West, a distance of
10481.50 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS
4087" set in the south line of the Union Pacific Railway (100'
right-of-way) and in the north line of said Tract 2;
THENCE South 88 degrees 06 minutes 52 seconds East, along the north
line of said Tract 2 and the south line of the Railway, a distance of
8059.22 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS
4087" set for corner;
THENCE South 02 degrees 52 minutes 47 seconds West, a distance of
98.14 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS
4087" set for the northeast corner of said Tract 8;
THENCE South 10 degrees 52 minutes 20 seconds West, along the most
northerly east line of said Tract 8, a distance of 191.83 feet to a
5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set for
corner;
THENCE South 78 degrees 58 minutes 12 seconds East, a distance of
18.76 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS
4087" set in the approximate center of County Road 238 (undedicated
public road) and the west line of said Tract 6A;
THENCE North 09 degrees 34 minutes 14 seconds East, along the
approximate center of County Road 238 and the west line of said
Tract 6A, a distance of 194.23 feet to a 5/8-inch iron rod with cap
marked "PETITT - RPLS 4087" set for the northwest corner of said
Tract 6A;
THENCE South 88 degrees 13 minutes 07 seconds East, along the north
line of said Tract 6A, a distance of 439.54 feet to a concrete
monument found for the northeast corner of said Tract 6A and the
northwest corner of a 40.186 acre tract of land described in a deed
to AP Dupont Limited Partnership recorded in Volume 2489, Page 481
of said Deed Records;
THENCE along the southwesterly right-of-way of Spur 557 as follows:
South 62 degrees 14 minutes 39 seconds East, a distance of 239.63
feet to a concrete monument for corner;
South 56 degrees 59 minutes 45 seconds East, a distance of 398.38
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 61 degrees 40 minutes 02 seconds East, a distance of 801.48
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 58 degrees 29 minutes 39 seconds East, a distance of 1701.26
feet to a concrete monument found for corner;
South 60 degrees 45 minutes 58 seconds East, a distance of 399.56
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 58 degrees 10 minutes 40 seconds East, a distance of 197.28
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 58 degrees 08 minutes 34 seconds East, a distance of
1002.54 feet to a concrete monument found for corner;
South 54 degrees 48 minutes 28 seconds East, a distance of 901.01
feet to a concrete monument found at a cut-back corner for County
Road 305;
South 00 degrees 24 minutes 39 seconds East, along said cut-back, a
distance of 306.16 feet to a concrete monument found for corner;
South 48 degrees 51 minutes 21 seconds East, a distance of 139.01
feet to a concrete monument found for corner;
North 68 degrees 37 minutes 22 seconds East, along a cut-back iron
rod with cap marked "PETITT - RPLS 4087" set for corner;
South 62 degrees 55 minutes 42 seconds East, a distance of 908.33
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 62 degrees 41 minutes 47 seconds East, a distance of 1218.13
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
South 62 degrees 58 minutes 31 seconds East, a distance of 65.33
feet to the POINT OF BEGINNING and containing 3152.439 acres of
land, SAVE AND EXCEPT the following two (2) tracts of land:
SAVE AND EXCEPT TRACT 1
BEING a tract of land situated in the LEWIS PEARCE SURVEY,
ABSTRACT NO. 373, in Kaufman County, Texas, and being all of a
called 10.000 acre tract of land described in a deed to Robert A.
Kaus and wife Martha Lee Kaus recorded in Volume 1050, Page 120 of
the Deed Records of Kaufman County, Texas, and all of a called
30.000 acre tract described in a deed to Robert A. Kaus and wife
Martha Lee Kaus recorded in Volume 1050, Page 124 of said Deed
Records, and being more particularly described as follows:
BEGINNING at a 3/8-inch iron rod found in the approximate
center of County Road 238 (undedicated public road) for the north
corner of said 30.000 tract and the west corner of a called 46.324
acre tract of land described as Tract 6B in a deed to AP Dupont
Limited partnership recorded in Volume 2502, page 77 of said Deed
Records;
THENCE South 45 degrees 11 minutes 54 seconds East, along the
northeast line of said 30.000 acre tract and the southwest line of
said tract 6B, a distance of 3261.17 feet to a 3/8-inch iron rod
found for the east corner of said 30.000 acre tract and the south
corner of said Tract 6B, said point also being located in the
northwest line of a called 242.39 acre tract of land described as
Tract 10;
THENCE South 44 degrees 50 minutes 02 seconds West, along the
southeast lines of said 30.000 acre tract and said 10.000 acre
tract, and the northwest line of said Tract 10, a distance of 534.82
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for the south corner of said 10.000 acre tract and the east corner
of a called 55.84 acre tract described as Tract 11 in said AP Dupont
deed;
THENCE North 45 degrees 11 minutes 25 seconds West, along the
southwest line of said 10.00 acre tract and the northeast line of
said Tract 11, a distance of 3262.61 feet to a 3/8-inch iron found
in the approximate center of County Road 238 for the west corner of
said 10.000 acre tract and the north corner of said Tract 11;
THENCE North 44 degrees 59 minutes 17 seconds East, along the
approximate center of County Road 238 and the northwest lines of
said 10.000 acre tract and said 30.000 acre tract; a distance of
534.37 feet to the POINT OF BEGINNING and containing 40.032 acres of
land, more of less.
SAVE AND EXCEPT TRACT 2
BEING a tract of land situated in the LEWIS PEARCE SURVEY,
ABSTRACT NO. 373, in Kaufman County, Texas, and being all of a
called 20.000 acre tract of land described in a deed to James Edgar
Crawford, Sr., and wife Earlena Faye Crawford recorded in Volume
1056, Page 531 of the Deed Records of Kaufman County, Texas, and all
of a called 20.000 acre tract described in a deed to the Texas
Veterans Land Board recorded in Volume 1070, Page 352 of said Deed
Records, and being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with cap marked "PETITT -
RPLS 4087" set in the approximate center of County Road 238
(undedicated public road) for the north corner of said Texas
Veterans Land Board tract and the west corner of a called 55.84 acre
tract of land described as Tract 11 in a deed to AP Dupont Limited
Partnership recorded in Volume 2502, Page 77 of said Deed Records;
THENCE South 45 degrees 13 minutes 34 seconds East, along the common
line between said Land Board tract and said Tract 11, a distance of
1291.85 feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS
4087" set for the most northerly east corner of said Land Board
tract and a re-entrant corner in said Tract 11
THENCE South 00 degrees 11 minutes 46 seconds East, along the most
southerly west line of said Tract 11 and the east lines of said Land
Board tract and said Crawford tract, a distance of 1381.15 feet to a
5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set for the
south corner of said Crawford tract and the most northerly east
corner of a called 418.609 acre tract of land described as Tract 6D
in said AP Dupont deed;
THENCE North 45 degrees 16 minutes 57 seconds West, along the
southwest line of said Crawford tract and the northeast line of said
Tract 6D, a distance of 2274.35 feet to a 5/8-inch iron rod with cap
marked "PETITT - RPLS 4087" set in the approximate center of County
Road 238 for the west corner of said Crawford tract and the north
corner of said tract 6D;
THENCE North 45 degrees 08 minutes 53 seconds East, along the
approximate center of County Road 238 and the northwest line said
Tract 6D, a distance of 979.39 feet to the POINT OF BEGINNING and
containing 40.057 acres of land, more of less, leaving a total area
of 3072.350 acres, more or less.
Tract 4
BEING a tract of land situated in the WILLIAM SIMPSON SURVEY,
ABSTRACT NO. 453, in Kaufman County, Texas, and being all of a
called 362.357 acre tract of land described as Tract 3 in a deed to
AP Dupont Limited Partnership recorded in Volume 2502, Page 77 of
the Deed Records of Kaufman County, Texas, said land containing a
portion of a called 76 acre tract of land described as Tract 4 in a
deed to Maher Properties One recorded in Volume 694, Page 167 of
said Deed Records, and being more particularly described as
follows:
BEGINNING at a 1/2-inch iron rod found in the center of F. M.
148 (80' right-of-way) for the east corner of said Tract 3;
THENCE South 45 degrees 32 minutes 14 seconds West, along the center
of F. M. 148 and the southeast line of said Tract 3, passing a
concrete monument found for the beginning of a curve to the left at
2741.39 feet, 38.24 feet right, a total distance of 3002.67 feet to
a 1/2-inch iron rod found for the easterly southeast corner of said
Tract 3;
THENCE South 83 degrees 54 minutes 51 seconds West, along the
southerly boundary of said Tract 3 and the northerly boundary of a
called 155 acre tract of land described as Tract 1 in a deed to Jerry
R. Sims and wife Margie Sims recorded in Volume 1124, Page 103 of
said Deed Records, a distance of 1129.08 feet to a 3/8-inch iron rod
found for corner;
THENCE North 79 degrees 01 minutes 39 seconds West, continuing
along the southerly boundary of said Tract 3 and the northerly
boundary of said 155 acre tract, a distance of 929.89 feet to a
1/2-inch iron rod found for corner;
THENCE North 79 degrees 03 minutes 39 seconds West, continuing
along the southerly line of said Tract 3 and the northerly line of
said 155 acre tract, distance of 360.00 feet to a 5/8-inch iron rod
with cap marked "PETITT - RPLS 4087" set for corner;
THENCE North 77 degrees 41 minutes 39 seconds West, continuing
along the southerly line of said Tract 3 and the northerly line of
said 155 acre tract, a distance of 205.00 feet to a 5/8-inch iron
rod with cap marked "PETITT - RPLS 4087" set for corner;
THENCE North 85 degrees 30 minutes 59 seconds West, continuing
along the southerly line of said Tract 3 and the northerly line of
said 155 acre tract, a distance of 289.63 feet to a point in the
approximate center of Big Brushy Creek;
THENCE along the approximate center of Big Brushy Creek the
following courses and distances:
North 23 degrees 14 minutes 25 seconds West, a distance of 54.89
feet;
North 04 degrees 05 minutes 31 seconds West, a distance of 216.07
feet;
South 51 degrees 10 minutes 14 seconds East, a distance of 171.26
feet;
North 41 degrees 26 minutes 55 seconds East, a distance of 167.67
feet;
North 76 degrees 53 minutes 55 seconds East, a distance of 118.88
feet;
North 25 degrees 24 minutes 54 seconds East, a distance of 196.89
feet;
North 49 degrees 32 minutes 49 seconds West, a distance of 195.65
feet;
North 18 degrees 50 minutes 34 seconds West, a distance of 237.39
feet;
North 23 degrees 34 minutes 39 seconds East, a distance of 165.47
feet;
North 03 degrees 20 minutes 51 seconds East, a distance of 101.63
feet;
North 40 degrees 18 minutes 31 seconds West, a distance of 172.48
feet;
North 17 degrees 35 minutes 08 seconds West, a distance of 97.88
feet;
North 08 degrees 29 minutes 33 seconds East, a distance of 76.51
feet;
North 13 degrees 52 minutes 15 seconds West, a distance of 69.50
feet;
North 21 degrees 42 minutes 00 seconds East, a distance of 69.26
feet;
North 21 degrees 26 minutes 22 seconds West, a distance of 146.39
feet;
North 00 degrees 08 minutes 09 seconds West, a distance of 158.73
feet;
North 09 degrees 54 minutes 29 seconds West, a distance of 77.56
feet to a point in the westerly boundary of said Tract 3, said point
also being located in the northwest line of said Maher tract and the
southeast line of a called 100 acre tract of land described as Tract
1 in a deed to Kenneth L. Cleaver and wife Cynthia L. Cleaver
recorded in Volume 1173, Page 351 of said Deed Records;
THENCE North 45 degrees 27 minutes 16 seconds East, along the
northwest line of Maher tract and the southeast line of said Cleaver
tract, a distance of 54.41 feet to a 5/8-inch iron rod with cap
marked "PETITT - RPLS 4087" set for corner;
THENCE North 44 degrees 51 minutes 27 seconds West, along the
southwest line of said Tract 3 and the northeast line of said
Cleaver 100 acre tract and the northeast line of the remainder of a
called 117.93 acre tract described as Tract 2 in said Cleaver deed,
a distance of 1535.89 feet to a 5/8-inch iron rod with cap marked
"PETITT - RPLS 4087" set in the southerly right-of-way line of I. H.
20 (variable right-of-way) for the west corner of said Tract 3;
THENCE along the southerly right-of-way of I. H. 20 the following
courses and distances:
North 77 degrees 15 minutes 22 seconds East, a distance of 1291.15
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
North 68 degrees 43 minutes 31 seconds East, a distance of 404.48
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for corner;
North 77 degrees 15 minutes 22 seconds East, a distance of 2377.18
feet to a 5/8-inch iron rod with cap marked "PETITT - RPLS 4087" set
for the north corner of said Tract 3;
THENCE South 44 degrees 39 minutes 40 seconds East, along the
northeast line of said Tract 3 and the southwest line of a called
26.796 acre tract of land described in a deed to Milowe Jungjohann
and wife Janice Jungjohann recorded in Volume 764, Page 444 and the
southwest line of a called 23.017 acre tract described in a deed to
Milowe Eugene Jungjohann recorded in Volume 729, Page 680, a
distance of 2908.97 feet to the POINT OF BEGINNING and containing
362.394 acres of land, more of less, 2.780 acres of which are within
the right-of-way of F. M. 148, leaving an area of 359.614 acres of
land, more or less.
SECTION 2.03. (a) The legal notice of the intention to
introduce this article, setting forth the general substance of this
article, has been published as provided by law, and the notice and a
copy of this article 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 article to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this article 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 article are
fulfilled and accomplished.
ARTICLE 3. THE KINGSBOROUGH MUNICIPAL UTILITY DISTRICT NOS. 1, 2,
3, 4, AND 5 OF KAUFMAN COUNTY
SECTION 3.01. Section 5, Chapter 1299, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
Sec. 5. BOUNDARIES. The boundaries of each district are as
follows:
(1) Kingsborough Municipal Utility District No. 1:
BEING a tract of land located in the JOHN MOORE SURVEY,
ABSTRACT NO. 309, Kaufman County, Texas and the MARTHA MUSICK
SURVEY, ABSTRACT NO. 312, Kaufman County, Texas and being a part of
a tract of land as described as Tract 4 in Deed to 2219 KAUFMAN
PARTNERS, L.P., a Texas Limited Partnership, recorded in Volume
2127 Page 184, Deed Records, Kaufman County, Texas and being a part
of land as described as Tract 5 in Deed to 2219 KAUFMAN PARTNERS,
L.P., a Texas Limited Partnership, recorded in Volume 2127, Page
184, Deed Records, Kaufman County, Texas and being more
particularly described as follows:
BEGINNING at a point in the Southeast line of F.M. 741, a 90
foot right-of-way, at the most Easterly corner of said Tract 5;
THENCE South 44 degrees 19 minutes 46 seconds West, along the
South line of said Tract 5, a distance of 1400.75 feet to a point for
corner (Basis of Bearings derived from Texas State Plane
Coordinates, NAD83, North Central Zone);
THENCE North 35 degrees 05 minutes 57 seconds West, a
distance of 131.93 feet to a point for corner;
THENCE North 58 degrees 29 minutes 36 seconds West, a
distance of 188.90 feet to a point at the beginning of a curve to the
right, having a central angle of 07 degrees 17 minutes 11 seconds, a
radius of 3016.59 feet, and a chord bearing and distance of North 56
degrees 15 minutes 31 seconds West, 383.36 feet;
THENCE Northwesterly, along said curve to the right, an arc
distance of 383.62 feet to a point at the beginning of a reverse
curve to the right, having a central angle of 23 degrees 17 minutes
48 seconds, a radius of 948.15 feet, and a chord bearing and
distance of North 64 degrees 25 minutes 07 seconds, 382.87 feet;
THENCE Northwesterly, along said curve to the left, an arc
distance of 385.52 to a point for corner;
THENCE North 78 degrees 23 minutes 10 seconds West, a
distance of 394.94 feet to a point at the beginning of a non-tangent
curve to the right, having a central angle of 47 degrees 33 minutes
08 seconds, a radius of 1126.20 feet, and a chord bearing and
distance of South 28 degrees 55 minutes 42 seconds West, 908.09
feet;
THENCE Southwesterly, along said curve to the right, an arc
distance of 934.69 feet to a point at the beginning of a reverse
curve to the left, having a central angle of 20 degrees 13 minutes
06 seconds, a radius of 2271.63 feet, and a chord bearing and
distance of South 42 degrees 35 minutes 44 seconds West, 797.45
feet;
THENCE Southwesterly, along said curve to the left, an arc
distance of 801.60 feet to a point for corner;
THENCE South 48 degrees 25 minutes 39 seconds West, a
distance of 159.16 feet to a point for corner;
THENCE South 79 degrees 27 minutes 33 seconds West, a
distance of 223.78 feet to a point for corner;
THENCE South 86 degrees 18 minutes 27 seconds West, a
distance of 577.69 feet to a point for corner;
THENCE South 89 degrees 44 minutes 01 seconds West, a
distance of 192.92 feet to a point at the beginning of a curve to the
left, having a central angle of 31 degrees 13 minutes 53 seconds, a
radius of 1066.44 feet, and a chord bearing and distance of South 74
degrees 07 minutes 05 seconds West, 574.14 feet;
THENCE Southwesterly, along said curve to the left, an arc
distance of 581.31 feet to a point for corner;
THENCE South 78 degrees 24 minutes 06 seconds West, a
distance of 756.13 feet to a point for corner;
THENCE North 77 degrees 31 minutes 58 seconds West, a
distance of 1549.11 feet to a point for corner in the Northwest line
of said Tract 5;
THENCE North 44 degrees 34 minutes 48 seconds East, a
distance of 2263.55 feet to a point at the most Southerly corner of
said Tract 4;
THENCE, along the boundary lines of said Tract 4, the
following seventeen (17) courses and distances:
North 44 degrees 20 minutes 17 seconds West, a distance of
763.42 feet to a point for corner;
North 44 degrees 46 minutes 22 seconds East, a distance of
110.79 feet to a point for corner;
North 45 degrees 14 minutes 20 seconds West, a distance of
1368.08 feet to a point for corner;
North 44 degrees 54 minutes 14 seconds East, a distance of
247.82 feet to a point for corner;
South 68 degrees 10 minutes 49 seconds East, a distance of
629.95 feet to a point for corner;
North 44 degrees 19 minutes 24 seconds East, a distance of
851.60 feet to a point for corner;
North 45 degrees 55 minutes 11 seconds West, a distance of
1118.77 feet to a point for corner;
North 25 degrees 16 minutes 50 seconds East, a distance of
918.22 feet to a point for corner;
North 27 degrees 52 minutes 28 seconds East, a distance of
711.94 feet to a point for corner;
North 44 degrees 02 minutes 09 seconds East, a distance of
694.12 feet to a point for corner, said point being in the Southwest
line of said F.M. 741;
Southeasterly, along the Southwest line of said F.M. 741, the
following fourteen (14) courses and distances:
South 45 degrees 14 minutes 23 seconds East, a distance of
270.47 feet to a point at the beginning of a curve to the right,
having a central angle of 09 degrees 32 minutes 19 seconds, a radius
of 999.93 feet, and a chord bearing and distance of South 40 degrees
27 minutes 07 seconds East, 166.28 feet;
Southeasterly, along said curve to the right, an arc distance
of 166.47 feet to a point for corner;
South 45 degrees 13 minutes 17 seconds East, a distance of
165..79 feet to a point at the beginning of a curve to the left,
having a central angle of 03 degrees 03 minutes 24 seconds, a radius
of 11472.09 feet, and a chord bearing and distance of South 46
degrees 44 minutes 59 seconds East, 611.94 feet;
Southeasterly, along said curve to the left, an arc distance
of 612.02 feet to a point for corner;
South 45 degrees 21 minutes 23 seconds East, a distance of
189.56 feet to a point at the beginning of a curve to the left,
having a central angle of 04 degrees 13 minutes 00 seconds, a radius
of 2993.57 feet, and a chord bearing and distance of South 47
degrees 27 minutes 53 seconds, 220.26 feet;
Southeasterly, along said curve to the left, an arc distance
of 220.31 feet to a point for corner;
South 49 degrees 34 minutes 23 seconds East, passing the most
Easterly Corner of said Tract 4 and the most Northerly corner of
said Tract 5 at a distance of 74.77 feet and continuing for a total
of 222.82 feet to a point at the beginning of a curve to the left,
having a central angle of 07 degrees 34 minutes 00 seconds, a radius
of 1858.59 feet, and a chord bearing and distance of South 53
degrees 21 minutes 23 seconds East, 245.27 feet;
Southeasterly, along said curve to the left, an arc distance
of 245.45 feet to a point for corner;
South 57 degrees 08 minutes 23 seconds East, a distance of
299.17 feet to a point at the beginning of a curve to the left,
having a central angle of 02 degrees 58 minutes 43 seconds, a radius
of 11472.09 feet, and a chord bearing and distance of South 55
degrees 37 minutes 55 seconds East, 596.34 feet;
Southeasterly, along said curve to the left, an arc distance
of 596.39 feet to a point for corner;
South 57 degrees 07 minutes 15 seconds East, a distance of
329.76 feet to a point at the beginning of a curve to the right,
having a central angle of 12 degrees 11 minutes 38 seconds, a radius
of 5655.58 feet, and a chord bearing and distance of South 51
degrees 01 minutes 28 seconds, 1201.38 feet;
South 44 degrees 55 minutes 38 East, a distance of 752.58 feet
to a point for corner;
South 45 degrees 17 minutes 35 seconds East, a distance of
239.42 feet to the POINT OF BEGINNING and containing 553.876 acres
of land, more or less.
(2) Kingsborough Municipal Utility District No. 2:
BEING a tract of land located in the JOHN MOORE SURVEY,
ABSTRACT NO. 309, Kaufman County, Texas and and being a part of a
tract of land as described as Tract 7 in Deed to 2219 KAUFMAN
PARTNERS, L.P., a Texas Limited Partnership, recorded in Volume
2127 Page 184, Deed Records, Kaufman County, Texas and being more
particularly described as follows:
COMMENCING at a point in the Southeast line of F.M. 741, a 90'
right-of-way, at the most Westerly corner of said Tract 7;
THENCE North 44 degrees 08 minutes 33 seconds East (Basis of
Bearing derived from Texas State Plane Coordinates, NAD83, North
Central Zone), a distance of 4246.13 feet to the POINT OF BEGINNING
of the tract of land herein described:
THENCE Northeasterly, along the Southeast line of said F.M.
741, the following four (4) courses and distances:
North 44 degrees 20 minutes 40 seconds East, a distance of
869.52 feet to a point for corner;
North 44 degrees 30 minutes 36 seconds East, a distance of
699.51 feet to a point for corner;
North 44 degrees 24 minutes 12 seconds East, a distance of
1291.88 feet to a point at the beginning of a curve to the left,
having a central angle of 11 degrees 23 minutes 37 seconds, a radius
of 761.20 feet, and a chord bearing and distance of North 38 degrees
42 minutes 24 seconds East, 151.12 feet;
Northeasterly, along said curve to the left, an arc distance
of 151.37 feet to a point for corner;
THENCE North 44 degrees 24 minutes 12 seconds East, a
distance of 463.83 feet to a point at the beginning of a curve to the
left, having a central angle of 40 degrees 09 minutes 15 seconds, a
radius of 127.30 feet, and a chord bearing and distance of North 24
degrees 19 minutes 02 seconds East, 87.40 feet;
THENCE Northeasterly, along said curve to the left, an arc
distance of 89.21 feet to a point for corner;
THENCE North 44 degrees 24 minutes 11 seconds East, a
distance of 14.48 feet to a point for corner;
THENCE South 46 degrees 04 minutes 07 seconds East, a
distance of 3434.03 feet to a point at the most Easterly corner of
said Tract 7;
THENCE South 44 degrees 18 minutes 10 seconds West, along the
Southeast line of said Tract 7, a distance of 4558.23 feet to a
point for corner;
THENCE North 18 degrees 17 minutes 14 seconds West, a
distance of 2799.64 feet to a point at the beginning of a curve to
the left, having a central angle of 63 degrees 55 minutes 03
seconds, a radius of 500.00 feet, and a chord bearing and distance
of North 50 degrees 14 minutes 46 seconds West, 529.31 feet;
THENCE Northwesterly, along said curve to the left, an arc
distance of 557.79 feet to a point for corner;
THENCE North 82 degrees 12 minutes 17 seconds West, a
distance of 476.05 feet to the POINT OF BEGINNING and containing
291.986 acres of land, more or less.
(3) Kingsborough Municipal Utility District No. 3:
BEING a tract of land located in the JOHN MOORE SURVEY,
ABSTRACT NO. 309, Kaufman County, Texas and being part of a tract of
land described in Deed to 2219 KAUFMAN PARTNERS, L.P., recorded in
Volume 2127, Page 179, Deed Records, Kaufman County, Texas, and
being all of a tract of land described as Tract 6 in Deed to 2219
KAUFMAN PARTNERS, L.P., a Texas Limited Partnership, recorded in
Volume 2127 Page 184, Deed Records, Kaufman County, Texas and being
a part of a tract of land as described as Tract 5 in Deed to 2219
KAUFMAN PARTNERS, L.P., a Texas Limited Partnership, recorded in
Volume 2127, Page 184, Deed Records, Kaufman County, Texas, and
being more particularly described as follows:
BEGINNING at a point at the North end of a corner clip at the
intersection of the Northwest line of F.M. 741, a 90' right-of-way,
with Northeast line of F.M. 2757, a 100' right-of-way;
THENCE Northwesterly, along the Northeast line of said F.M.
2757, the following three (3) courses and distances:
North 44 degrees 19 minutes 40 seconds West, a distance of
1248.09 feet to a point for corner;
North 45 degrees 25 minutes 40 seconds West, a distance of
624.62 feet to a point for corner;
North 45 degrees 38 minutes 40 seconds West, a distance of
3304.71 feet to a point at the most Westerly corner of said Tract 5;
THENCE North 44 degrees 34 minutes 48 seconds East, a
distance of 1398.41 feet to a point for corner;
THENCE South 77 degrees 31 minutes 58 seconds East, a
distance of 1549.11 feet to a point for corner;
THENCE North 78 degrees 24 minutes 06 seconds East, a
distance of 756.13 feet to a point at the beginning of a curve to the
right, having a central angle of 31 degrees 13 minutes 53 seconds, a
radius of 1066.44 feet, and a chord bearing and distance of North 74
degrees 07 minutes 05 seconds East, 574.14 feet;
THENCE Northeasterly, along said curve to the right, an arc
distance of 581.31 feet to a point for corner;
THENCE North 89 degrees 44 minutes 01 seconds East, a
distance of 192.92 feet to a point for corner;
THENCE North 86 degrees 18 minutes 27 seconds East, a
distance of 577.69 feet to a point for corner;
THENCE North 79 degrees 27 minutes 33 seconds East, a
distance of 223.78 feet to a point for corner;
THENCE North 48 degrees 25 minutes 39 seconds East, a
distance of 159.16 feet to a point at the beginning of a curve to the
right, having a central angle of 20 degrees 13 minutes 06 seconds, a
radius of 2271.63 feet, and a chord bearing and distance of North 42
degrees 35 minutes 44 seconds East, 797.45 feet;
THENCE Northeasterly, along said curve to the right, an arc
distance of 801.60 feet to a point at the beginning of a reverse
curve to the left, having a central angle of 47 degrees 33 minutes
09 seconds, a radius of 1126.20 feet, and a chord bearing and
distance of North 28 degrees 55 minutes 42 seconds East, 908.09
feet;
THENCE Northeasterly, along said curve to the left, an arc
distance of 934.69 feet to a point for corner;
THENCE South 78 degrees 23 minutes 10 seconds East, a
distance of 394.94 feet to a point at the beginning of a curve to the
right, having a central angle of 23 degrees 17 minutes 48 seconds, a
radius of 948.15 feet, and a chord bearing and distance of South 64
degrees 25 minutes 07 seconds East, 382.87 feet;
THENCE Southeasterly, along said curve to the right, an arc
distance of 385.52 feet to a point at the beginning of a reverse
curve to the left, having a central angle of 07 degrees 17 minutes
11 seconds, a radius of 3016.59 feet, and a chord bearing and
distance of South 56 degrees 15 minutes 31 seconds East, 383.36
feet;
THENCE Southeasterly, along said curve to the left, an arc
distance of 383.62 feet to a point for corner;
THENCE South 58 degrees 29 minutes 36 seconds East, a
distance of 188.90 feet to a point for corner;
THENCE South 35 degrees 05 minutes 57 seconds East, a
distance of 131.93 feet to a point for corner;
THENCE South 44 degrees 45 minutes 27 seconds East, a
distance of 1448.35 feet to a point for corner, said point being in
the Northwest line of said F.M. 741;
THENCE Southeasterly, along the Northwest line of said F.M.
741, the following seven (7) courses and distances:
South 44 degrees 24 minutes 12 seconds West, a distance of
544.98 feet to a point for corner;
South 45 degrees 25 minutes 26 seconds West, a distance of
10.00 feet to a point for corner;
South 44 degrees 30 minutes 36 seconds West, a distance of
700.00 feet to a point for corner;
South 45 degrees 39 minutes 20 seconds East, a distance of
10.00 feet to a point for corner;
South 44 degrees 20 minutes 40 seconds West, a distance of
1798.29 feet to a point for corner;
South 44 degrees 26 minutes 34 seconds West, a distance of
792.04 feet to a point for corner;
South 43 degrees 58 minutes 26 seconds West, a distance of
2424.34 feet to a point for corner;
THENCE South 89 degrees 30 minutes 06 seconds West, a
distance of 135.36 feet to the POINT OF BEGINNING and containing
531.150 acres of land, more or less.
(4) Kingsborough Municipal Utility District No. 4:
BEING a tract of land located in the MARTHA MUSICK SURVEY,
ABSTRACT NO. 312, Kaufman County, Texas and being a part of a tract
of land as described as Tract 2 in Deed to 2219 KAUFMAN PARTNERS,
L.P., a Texas Limited Partnership, recorded in Volume 2127 Page
184, Deed Records, Kaufman County, Texas and being more
particularly described as follows:
BEGINNING at a point in the Northeast line of F.M. 741, a 90
foot right-of-way, at the most Southerly corner of said Tract 2;
THENCE Northwesterly and Northeasterly along the Northeast
and Southeast line of said F.M. 741 the following nine (9) courses
and distances:
North 45 degrees 17 minutes 35 seconds West, a distance of
3.79 feet to a point for corner;
North 44 degrees 55 minutes 38 seconds West, a distance of
752.58 feet to a point for corner at the beginning of a curve to the
left having a central angle of 12 degrees 11 minutes 39 seconds, a
radius of 5,745.58 feet and a chord bearing and distance of North 51
degrees 01 minutes 28 seconds West, 1,220.51 feet;
Northwesterly, along said curve to the left, an arc distance
of 1,222.82 feet to a point for corner;
North 57 degrees 07 minutes 17 seconds West, a distance of
329.74 feet to a point for corner at the beginning of a curve to the
right having a central angle of 11 degrees 54 minutes 00 seconds, a
radius of 11,382.09 feet and a chord bearing and distance of North
51 degrees 10 minutes 17 seconds West, 2,359.75 feet;
Northwesterly, along said curve to the right, an arc distance
of 2,363.99 feet to a point for corner;
North 45 degrees 13 minutes 17 seconds West, a distance of
1,653.79 feet to a point for corner at the beginning of a curve to
the right having a central angle of 90 degrees 30 minutes 21
seconds, a radius of 909.93 feet and a chord bearing and distance of
North 00 degrees 01 minutes 54 seconds East, 1,292.50 feet;
Northerly, along said curve to the right, an arc distance of
1,437.35 feet to a point for corner;
North 45 degrees 17 minutes 04 seconds East, a distance of
197.76 feet to a point for corner;
North 46 degrees 08 minutes 16 seconds East, a distance of
857.28 feet to a point for corner;
THENCE South 89 degrees 50 minutes 39 seconds East, leaving
said Southeast line of F.M. 741, a distance of 242.06 feet to a
point for corner;
THENCE South 84 degrees 41 minutes 48 seconds East, a
distance of 595.07 feet to a point for corner at the beginning of a
curve to the left having a central angle of 15 degrees 54 minutes 22
seconds, a radius of 950.00 feet and a chord bearing and distance of
South 74 degrees 25 minutes 59 seconds East, 262.89 feet;
THENCE Southeasterly, along said curve to the left, an arc
distance of 263.73 feet to a point for corner;
THENCE South 82 degrees 23 minutes 10 seconds East, a
distance of 172.65 feet to a point for corner at the beginning of a
curve to the right having a central angle of 10 degrees 28 minutes
31 seconds, a radius of 300.00 feet and a chord bearing and distance
of South 77 degrees 08 minutes 55 seconds East, 54.77 feet;
THENCE Easterly, along said curve to the right, an arc
distance of 54.85 feet to a point for corner at the beginning of a
reverse curve to the left having a central angle of 10 degrees 28
minutes 31 seconds, a radius of 300.00 feet and a chord bearing and
distance of South 77 degrees 08 minutes 55 seconds East, 54.77 feet;
THENCE Easterly, along said curve to the left, an arc
distance of 54.85 feet to a point for corner;
THENCE South 82 degrees 23 minutes 10 seconds East, a
distance of 23.30 feet to a point for corner at the beginning of a
curve to the right having a central angle of 36 degrees 41 minutes
46 seconds, a radius of 790.00 feet and a chord bearing and distance
of South 64 degrees 02 minutes 17 seconds East, 497.37 feet;
THENCE Southeasterly, along said curve to the right, an arc
distance of 505.97 feet to a point for corner;
THENCE South 45 degrees 41 minutes 24 seconds East, a
distance of 2,039.00 feet to a point for corner;
THENCE North 44 degrees 47 minutes 12 seconds East, a
distance of 15.00 feet to a point for corner;
THENCE South 46 degrees 16 minutes 15 seconds East, a
distance of 3520.12 feet to a point for corner;
THENCE South 43 degrees 51 minutes 39 seconds West, a
distance of 2,650.46 feet to the POINT OF BEGINNING and containing
453.675 acres of land, more or less.
(5) Kingsborough Municipal Utility District No. 5:
BEING a tract of land located in the JOHN MOORE SURVEY,
ABSTRACT NO. 309, Kaufman County, Texas and being a part of a tract
of land as described as Tract 7 in Deed to 2219 KAUFMAN PARTNERS,
L.P., a Texas Limited Partnership, recorded in Volume 2127 Page
184, Deed Records, Kaufman County, Texas and being more
particularly described as follows:
BEGINNING at a point in the Southeast line of F.M. 741, a 90'
right-of-way, at the most Westerly corner of said Tract 7;
THENCE Northeasterly, along the Southeast line of said F.M.
741, the following three courses and distances:
North 43 degrees 58 minutes 26 seconds East (Basis of Bearing
derived from Texas State Plane Coordinates, NAD83, North Central
Zone), a distance of 2525.10 feet to a point for corner;
North 44 degrees 26 minutes 34 seconds East, a distance of
792.12 feet to a point for corner;
North 44 degrees 20 minutes 40 seconds East, a distance of
928.93 feet to a point for corner;
THENCE South 82 degrees 12 minutes 17 seconds East, a
distance of 476.05 feet to a point at the beginning of a curve to the
right, having a central angle of 63 degrees 55 minutes 03 seconds, a
radius of 500.00 feet, and a chord bearing and distance of South 50
degrees 14 minutes 46 seconds East, 529.31 feet;
THENCE Southeasterly, along said curve to the right, an arc
distance of 557.79 feet to a point for corner;
THENCE South 18 degrees 17 minutes 14 seconds East, a
distance of 2799.64 feet to a point for corner;
THENCE South 44 degrees 18 minutes 10 seconds West, a
distance of 3275.56 feet to a point for corner;
THENCE North 45 degrees 48 seconds 51 minutes West, a
distance of 3383.75 feet to the POINT OF BEGINNING and containing
317.835 acres of land, more or less.
[BEING all that certain lot, tract or parcel of land located
in the J. G. Moore Survey, Abstract No. 309 and the Martha Musick
Survey, Abstract No. 312, Kaufman County, Texas, and being more
particularly described by metes and bounds as follows:
[COMMENCING at the intersection of the of the Northeasterly
right-of-way line of Farm-Market 2757 (a 100 foot wide
right-of-way), and the Northwesterly line of said J. G. Moore
Survey and the Southeasterly line of said Martha Musick Survey;
[THENCE North 44 deg. 34 min. 48 sec. East, along the common
line between said J. G. Moore Survey and the Martha Musick Survey, a
distance of 1644.55 feet, to the POINT OF BEGINNING of the herein
described tract of land;
[THENCE North 44 deg. 34 min. 48 sec. East, continuing along
the common line between said J. G. Moore Survey and the Martha
Musick Survey, a distance of 2015.87 feet;
[THENCE North 44 deg. 20 min. 17 sec. West, departing said
common line, a distance of 763.42 feet;
[THENCE North 44 deg. 46 min. 22 sec. East, a distance of
110.79 feet;
[THENCE North 45 deg. 13 min. 38 sec. West, a distance of
1367.42 feet;
[THENCE North 44 deg. 46 min. 22 sec. East, a distance of
247.49 feet;
[THENCE South 68 deg. 13 min. 38 sec. East, a distance of
627.70 feet;
[THENCE North 44 deg. 26 min. 44 sec. East, a distance of
853.26 feet;
[THENCE North 45 deg. 59 min. 01 sec. West, a distance of
1118.32 feet;
[THENCE North 25 deg. 16 min. 32 sec. East, a distance of
918.27 feet;
[THENCE North 27 deg. 53 min. 12 sec. East, a distance of
712.32 feet;
[THENCE North 44 deg. 02 min. 09 sec. East, a distance of
693.71 feet, to the Southwesterly right-of-way line of High Country
Lane (a 60 foot wide right-of-way);
[THENCE South 45 deg. 14 min. 23 sec. East, along the
Southwesterly right-of-way line of said High Country Lane, a
distance of 263.11 feet, to the intersection of the Southwesterly
right-of-way line of said High Country Lane and the Southwesterly
right-of-way line of Farm-Market 741 (a variable width
right-of-way), and being the beginning of a non-tangent curve to
the left having a radius of 999.93 feet;
[THENCE along the Southwesterly right-of-way line of said
Farm-Market 741 as follows;
[Along said non-tangent curve to the left and in a Southeasterly
direction, through a central angle of 09 deg. 56 min. 12 sec., an
arc length of 173.42 feet, said non-tangent curve also having a long
chord which bears South 40 deg. 16 min. 17 sec. East, 173.20 feet;
[South 45 deg. 14 min. 23 sec. East, a distance of 1653.79 feet, to
the beginning of a non-tangent curve to the left having a radius of
11,472.09 feet;
[Along said non-tangent curve to the left and in a Southeasterly
direction, through a central angle of 03 deg. 05 min. 42 sec., an
arc length of 619.69 feet, said non-tangent curve to the left having
a long chord which bears South 46 deg. 47 min. 14 sec. East, 619.62
feet;
[South 45 deg. 21 min. 23 sec. East, a distance of 182.35 feet, to
the beginning of a non-tangent curve to the left having a radius of
2993.57 feet;
[Along said non-tangent curve to the left and in a Southeasterly
direction, through a central angle of 04 deg. 13 min. 00 sec., an
arc length of 220.31 feet, said non-tangent curve to the left also
having a long chord which bears South 47 deg. 27 min. 53 sec. East,
220.26 feet;
[South 49 deg. 34 min. 23 sec. East, a distance of 222.84 feet, to
the beginning of a curve to the left having a radius of 1858.59
feet;
[Along said curve to the left and in a Southeasterly direction,
through a central angle of 07 deg. 34 min. 00 sec., an arc length of
245.45 feet, said curve to the left also having a long chord which
bears South 53 deg. 21 min. 23 sec. East, 245.27 feet;
[South 57 deg. 08 min. 23 sec. East, a distance of 300.24 feet, to
the beginning of a curve to the left having a radius of 11,472.09
feet;
[Along said curve to the left and in a Southwesterly direction,
through a central angle of 02 deg. 58 min. 15 sec., an arc length of
594.81 feet, said curve to the left also having a long chord which
bears South 55 deg. 39 min. 16 sec. East, 594.75 feet;
[South 57 deg. 06 min. 23 sec. East, a distance of 327.99 feet, to
the beginning of a curve to the right having a radius of 5684.58
feet;
[Along said curve to the right and in a Southeasterly direction,
through a central angle of 12 deg. 08 min. 00 sec., an arc length of
1203.80 feet, said curve also having a long chord which bears South
51 deg. 02 min. 23 sec. East, 1201.56 feet;
[South 44 deg. 58 min. 23 sec. East, a distance of 755.25 feet;
[South 45 deg. 13 min. 23 sec. East, a distance of 238.92 feet, to
the North corner of the Dallas East Estates which is located to the
Southwest of said Farm-Market 741;
[THENCE South 44 deg. 19 min. 24 sec. West, departing the
Southwesterly right-of-way line of said Farm-Market 741 and along
the Northwesterly boundary line of said Dallas East Addition, a
distance of 1401.27 feet, to the most Westerly corner of said Dallas
East Addition;
[THENCE South 44 deg. 45 min. 48 sec. East, along the most
Southwesterly boundary line of said Dallas East Addition, a
distance of 1444.80 feet, to the Northwesterly right-of-way line of
said Farm-Market 741;
[THENCE along the Northwesterly right-of-way line of said
Farm-Market 741 as follows;
[South 44 deg. 20 min. 25 sec. West, a distance of
545.05 feet;
[North 45 deg. 39 min. 35 sec. West, a distance of 10.00
feet;
[South 44 deg. 20 min. 25 sec. West, a distance of
700.00 feet;
[South 45 deg. 39 min. 35 sec. East, a distance of 10.00
feet;
[South 44 deg. 20 min. 25 sec. West, a distance of
933.41 feet;
[THENCE North 49 deg. 43 min. 48 sec. East, departing the
Northwesterly right-of-way line of said Farm-Market 741, a distance
of 794.74 feet;
[THENCE North 78 deg. 41 min. 33 sec. West, a distance of
280.00 feet;
[THENCE North 46 deg. 19 min. 02 sec. West, a distance of
1073.59 feet;
[THENCE North 66 deg. 21 min. 14 sec. East, a distance of
1045.54 feet;
[THENCE South 81 deg. 36 min. 53 sec. West, a distance of
327.60 feet;
[THENCE South 72 deg. 56 min. 15 sec. West, a distance of
778.38 feet;
[THENCE South 87 deg. 16 min. 19 sec. West, a distance of
610.31 feet;
[THENCE North 77 deg. 32 min. 02 sec. West, a distance of
731.98 feet;
[THENCE North 58 deg. 36 min. 37 sec. West, a distance of
578.95 feet, to the POINT OF BEGINNING and containing 692.696 acres
(30,173,840 square feet) of land.
[(2) Kingsborough Municipal Utility District No. 2:
[BEING all that certain lot, tract or parcel of land located
in the J. G. Moore Survey, Abstract No. 309, Kaufman County, Texas,
and being a portion of that certain tract of land described as Tract
K31 in the deed to West Foundation, according to the deed filed for
record in Volume 720, Page 860 of the Deed Records of Kaufman
County, Texas, and being more particularly described by metes and
bounds as follows:
[BEGINNING at the intersection of the Southwesterly boundary
line of said Tract K31 and the Southeasterly right-of-way line of
Farm-Market 741 (a 90 foot wide right-of-way), said iron rod being
in the center of County Road No. 269;
[THENCE along the Southwesterly right-of-way line of said
Farm-Market 741 as follows:
[North 43 deg. 59 min. 38 sec. East, along the Southeasterly
right-of-way line of said Farm-Market 741, a distance of 2525.09
feet;
[North 44 deg. 20 min. 25 sec. East, a distance of 4582.54
feet, to the beginning of a curve to the left having a radius of
761.20 feet;
[Along said curve to the left, through a central angle of 11
deg. 23 min. 36 sec., an arc length of 151.37 feet and having a long
chord which bears North 38 deg. 38 min. 37 sec. East, 151.12 feet;
[North 44 deg. 20 min. 25 sec. East, a distance of 463.83
feet, to the beginning of a curve to the left having a radius of
127.30 feet;
[Along said curve to the left, through a central angle of 40
deg. 09 min. 07 sec., an arc length of 89.21 feet and having a long
chord which bears North 24 deg. 15 min. 15 min. East, 87.40 feet;
[THENCE North 44 deg. 20 min. 24 sec. East, along the
Northwesterly line of said Tract K31, a distance of 14.48 feet, to a
point in County Road No. 260 (an undefined width right of way);
[THENCE South 46 deg. 07 min. 54 sec. East, along said County
Road No. 260, a distance of 3434.03 feet;
[THENCE South 44 deg. 14 min. 23 sec. West, departing said
County Road No. 260, a distance of 5193.79 feet, to the beginning of
a non-tangent curve to the left having a radius of 2640.00 feet;
[THENCE along said non-tangent curve to the left, through a
central angle of 90 deg. 07 min. 01 sec., an arc length of 4152.29
feet, and having a long chord which bears South 89 deg. 10 min. 52
sec. West, 3737.33 feet, to a point in County Road No. 269 (an
undefined width right-of-way);
[THENCE North 45 deg. 52 min. 38 sec. West, along said County
Road No. 269, a distance of 747.41 feet to the POINT OF BEGINNING
and containing 484.081 acres (21,086,547 square feet) of land.
[(3) Kingsborough Municipal Utility District No. 3:
[BEING all that certain lot, tract or parcel of land located
in the J. G. Moore Survey, Abstract No. 309, Kaufman County, Texas,
and being more particularly described by metes and bounds as
follows:
[BEGINNING at the intersection of the of the Northeasterly
right-of-way line of Farm-Market 2757 (a 100 foot wide
right-of-way), and the Northwesterly line of said J. G. Moore
Survey and the Southeasterly line of said Martha Musick Survey;
[THENCE North 44 deg. 34 min. 48 sec. East, along the common
line between said J. G. Moore Survey and the Martha Musick Survey, a
distance of 1644.55 feet;
[THENCE South 58 deg. 36 min. 37 sec. East, departing said
common line, a distance of 578.95 feet;
[THENCE South 77 deg. 32 min. 02 sec. East, a distance of
731.98 feet;
[THENCE North 87 deg. 16 min. 19 sec. East, a distance of
610.31 feet;
[THENCE North 72 deg. 56 min. 15 sec. East, a distance of
778.38 feet;
[THENCE North 81 deg. 36 min. 53 sec. East, a distance of
327.60 feet;
[THENCE South 66 deg. 21 min. 14 sec. East, a distance of
1045.54 feet;
[THENCE South 46 deg. 19 min. 02 sec. East, a distance of
1073.59 feet;
[THENCE South 78 deg. 41 min. 33 sec. East, a distance of
280.00 feet;
[THENCE South 49 deg. 43 min. 48 sec. East, a distance of
794.74 feet, to a point on the Northwesterly right-of-way line of
Farm- Market 741 (an 80 foot wide right-of-way);
[THENCE along the Northwesterly right-of-way line of said
Farm- Market 741 as follows;
[South 44 deg. 20 min. 25 sec. West, a distance of 1657.58
feet;
[South 43 deg. 59 min. 38 sec. West, a distance of 2422.82
feet, to the intersection of the Northwesterly right-of-way line of
said Farm-Market 741 and the Northeasterly right-of-way line of the
aforementioned Farm-Market 2757;
[THENCE along the Northeasterly right-of-way line of said
Farm-Market 2757 as follows;
[South 89 deg. 23 min. 24 sec. West, a distance of 138.28
feet;
[North 44 deg. 17 min. 39 sec. West, a distance of 1248.09
feet;
[North 45 deg. 23 min. 39 sec. West, a distance of 624.62
feet;
[North 45 deg. 36 min. 39 sec. West, a distance of 3302.91
feet, to the POINT OF BEGINNING and containing 392.241 acres
(17,086,006 square feet) of land.
[(4) Kingsborough Municipal Utility District No. 4:
[BEING all that certain lot, tract or parcel of land located
in the Martha Musick Survey, Abstract No. 312 and the J. G. Moore
Survey, Abstract No. 309, Kaufman County, Texas, and being the
remainder of those certain tracts of land described as Tracts K14
through K20, in the deed the West Foundation, as filed for record in
Volume 720, Page 860 of the Deed Records of Kaufman County, Texas,
and being more particularly described by metes and bounds as
follows:
[BEGINNING at the intersection of the Southerly right-of-way
line of Interstate 20 (a variable width right-of-way) and the
Southeasterly right-of-way line of Farm-Market 741 (a variable
width right-of-way at this point);
[THENCE along the Southerly right-of-way line of said
Interstate 20 as follows;
[North 83 deg. 22 min. 27 sec. East, a distance of 751.86 feet;
North 88 deg. 29 min. 25 sec. East, a distance of 474.54 feet; South
84 deg. 18 min. 42 sec. East, a distance of 952.45 feet; South 78
deg. 59 min. 16 sec. East, a distance of 4.49 feet to the
intersection of the Southerly right-of-way line of Interstate 20
and the Northeasterly boundary line of the aforementioned Tract
K17, said point also being the intersection of the said Southerly
right-of-way line and the Southwesterly boundary line of that
certain called 113.75 acre tract of land conveyed to Austin W.
Shipley, according to the deed filed for record in Volume 270, Page
221, Deed Records, Kaufman County, Texas;
[THENCE South 45 deg. 06 min. 28 sec. East, along the common
boundary line between said Tract K17 and said called 113.75 acre
tract, at a distance of approximately 1240 feet passing the most
Southerly corner of said called 113.75 acre tract and the East
corner of that certain tract of land conveyed to Gordon T. West,
according to the deed filed for record in Volume 1636, Page 43, Deed
Records, Kaufman County, Texas, and continuing along the common
boundary line between said Tract K17 and said Gordon T. West tract,
in all a distance of 2131.39 feet to the Northwest boundary line of
that certain called 300 acre tract of land conveyed to Gordon T.
West, according to the deed filed for record in Volume 1636, Page
43, Deed Records, Kaufman County, Texas;
[THENCE South 44 deg. 34 min. 38 sec. West, along the common
boundary line of said Tract K17 and said called 300 acre tract, and
generally along a barbed wire fence, a distance of 1891.96 feet, to
the South corner of said Tract K17 and the West corner of said
called 300 acre tract, said iron rod also being the North corner of
the aforementioned Tract K19;
[THENCE South 46 deg. 09 min. 59 sec. East, along the common
boundary line between said called 300 acre tract and said Tract K19,
a distance of 3513.32 feet, to the Northwesterly right-of-way line
of Griffin Lane (a 50 foot wide right-of-way);
[THENCE South 43 deg. 50 min. 01 sec. West, along the
Northwesterly right-of-way line of said Griffin Lane, a distance of
2649.80 feet, to the Northeasterly right-of-way line of the
aforementioned Farm-Market 741;
[THENCE along the Northeasterly right-of-way line of said
Farm-Market 741 as follows;
[North 45 deg. 13 min. 23 sec. West, a distance of 4.98 feet;
[North 44 deg. 58 min. 23 sec. West, at a distance of 632.24 feet
passing a wood monument found, and continuing in all a distance of
755.05 feet, said point being the beginning of a curve to the left
having a radius of 5774.58 feet;
[Along said curve to the left, through a central angle of 12 deg. 08
min. 00 sec., an arc length of 1222.86 feet, and having a long chord
of North 51 deg. 02 min. 23 sec. West, 1220.58 feet;
[North 57 deg. 06 min. 23 sec. West, generally along a barbed wire
fence, a distance of 328.05 feet, said point being the beginning of
a curve to the right having a radius of 11,382.09 feet;
[Along said curve to the right and along said fence, through a
central angle of 11 deg. 54 min. 00 sec., an arc length of 2363.99
feet, and having a long chord which bears North 51 deg. 11 min. 23
sec. West, 2359.75 feet;
[North 45 deg. 14 min. 23 sec. West, generally along said fence, a
distance of 1653.79 feet, said point being the beginning of a curve
to the right having a radius of 909.93 feet;
[THENCE along said curve to the right and along the Easterly
right-of-way line of said Farm-Market 741 and generally along said
fence, through a central angle of 90 deg. 33 min. 04 sec., an arc
length of 1438.07 feet, and having a long chord which bears North 00
deg. 02 min. 09 sec. East, 1293.01 feet;
[THENCE along the Southeasterly right-of-way line of said
Farm-Market 741 as follows;
[North 45 deg. 18 min. 41 sec. East, a distance of 199.54 feet;
[North 46 deg. 06 min. 41 sec. East, a distance of 1039.75 feet;
[North 46 deg. 21 min. 41 sec. East, a distance of 759.38 feet, said
point being the beginning of a curve to the left having a radius of
999.93 feet;
[Along said curve to the left, through a central angle of 14 deg. 28
min. 00 sec., an arc length of 252.47 feet, and having a long chord
which bears North 39 deg. 07 min. 41 sec. East, 251.80 feet;
[North 31 deg. 53 min. 41 sec. East, a distance of 210.50 feet, said
point being the beginning of a curve to the right having a radius of
909.38 feet;
[Along said curve to the right, through a central angle of 01 deg.
00 min. 31 sec., an arc length of 16.01 feet, and having a long chord
which bears North 32 deg. 23 min. 57 sec. East, 16.01 feet to the
POINT OF BEGINNING and containing 606.441 acres (26,416,564 square
feet) of land.
[(5) Kingsborough Municipal Utility District No. 5:
[BEING all that certain lot, tract or parcel of land located
in the J. G. Moore Survey, Abstract No. 309, Kaufman County, Texas,
and being a portion of that certain tract of land described as Tract
K31 in the deed to West Foundation, according to the deed filed for
record in Volume 720, Page 860 of the Deed Records of Kaufman
County, Texas, and being more particularly described by metes and
bounds as follows:
[BEGINNING at a 5/8 inch iron rod found for the South corner
of said Tract K31, said iron rod being in County Road No. 269 (an
undefined width public roadway);
[THENCE North 45 deg. 52 min. 38 sec. West, along the
Southwest boundary line of said Track K31, and generally along said
County Road No. 269, a distance of 2640.00 feet, said point being
the beginning of a non-tangent curve to the right having a radius of
2640.00 feet;
[THENCE departing the Southwest boundary line of said Tract
K31, through a central angle of 90 deg. 07 min. 01 sec., an arc
length of 4152.29 feet, said non-tangent curve also having a long
chord which bears North 89 deg. 10 min. 52 sec. East, a distance of
3737.33 feet, to the Southeast boundary line of said Tract K31;
[THENCE South 44 deg. 14 min. 23 sec. West, along the
Southeast boundary line of said Tract K31, a distance of 2640.00
feet, to the POINT OF BEGINNING and containing 125.839 acres
(5,481,550 square feet) of land.]
SECTION 3.02. Subsection (b), Section 10, Chapter 1299,
Acts of the 78th Legislature, Regular Session, 2003, is amended to
read as follows:
(b) Outside the boundaries of a district, a district may
exercise the power of eminent domain only for the purpose of
constructing, acquiring, operating, repairing, or maintaining
water supply lines or sanitary sewer lines and drainage systems.
SECTION 3.03. Subsection (b), Section 12, Chapter 1299,
Acts of the 78th Legislature, Regular Session, 2003, is amended to
read as follows:
(b) The [Subject to Subsection (e) of this section, the]
commission shall appoint as temporary directors the five persons
named in the first petition received by the commission for each
district.
SECTION 3.04. Section 15, Chapter 1299, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
Sec. 15. EFFECTIVE DATE[; EXPIRATION DATE]. [(a)] This
Act takes effect on the date on or after September 1, 2003, on which
a settlement agreement between the City of Crandall and the
developer of the districts is legally executed regarding a pending
petition before the Texas Commission on Environmental Quality for
the right to provide retail water service to certain areas within
the districts. If the settlement agreement is legally executed
before September 1, 2003, this Act takes effect September 1, 2003.
[(b) If the creation of a district is not confirmed at a
confirmation election held under Section 13 of this Act before
September 1, 2005, the provisions of this Act relating to that
district expire on that date.]
SECTION 3.05. Subsection (e), Section 12, Chapter 1299,
Acts of the 78th Legislature, Regular Session, 2003, is repealed.
ARTICLE 4. ROSE HILL SPECIAL
UTILITY DISTRICT
SECTION 4.01. Subtitle C, Title 6, Special District Local
Laws Code, is amended by adding Chapter 7204 to read as follows:
CHAPTER 7204. ROSE HILL SPECIAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7204.001. DEFINITION. In this chapter, "district"
means the Rose Hill Special Utility District.
Sec. 7204.002. NATURE OF DISTRICT. The district is a
special utility district in Kaufman County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 7204.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation and
initial directors' election held before September 1, 2007:
(1) the district is dissolved on September 1, 2007,
except that:
(A) any debts of the district incurred shall be
paid;
(B) any assets of the district that remain after
the payment of debts shall be transferred to Kaufman County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 7204.004. APPLICABILITY OF OTHER SPECIAL UTILITY
DISTRICT LAW. Except as otherwise provided by this chapter,
Chapters 49 and 65, Water Code, apply to the district.
Sec. 7204.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 4.02 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 4.02
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.
[Sections 7204.006-7204.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 7204.021. TEMPORARY DIRECTORS. (a) The temporary
board of directors of the district is composed of:
(1) Stephen Hilborn;
(2) Bill Hobbs;
(3) Homer Norville;
(4) Randy Reznicek; and
(5) Harold Ross.
(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 three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of
directors to fill all vacancies on the board.
(d) Temporary directors serve until initial directors are
elected under Section 7204.022.
Sec. 7204.022. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect five initial
directors in accordance with Chapters 49 and 65, Water Code, on or
before September 1, 2007.
(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 election held as provided by this section.
(d) Initial directors serve until the first regularly
scheduled election of directors under Subchapter C, Chapter 65,
Water Code.
Sec. 7204.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If
the district's creation is confirmed under Section 7204.022, the
Rose Hill Water Supply Corporation shall transfer the assets,
debts, and contractual rights and obligations of the corporation to
the district.
(b) Not later than the 30th day after the date of the
transfer under Subsection (a), the board of directors of the Rose
Hill Water Supply Corporation shall commence dissolution
proceedings of the corporation.
(c) On dissolution of the Rose Hill Water Supply
Corporation, Certificate of Convenience and Necessity No. 10849 is
considered to be held by the district.
(d) The board of directors of the Rose Hill Water Supply
Corporation shall notify the Texas Commission on Environmental
Quality of the dissolution of the corporation and of the transfer of
Certificate of Convenience and Necessity No. 10849 to the district.
(e) On receipt of notice under Subsection (d), the Texas
Commission on Environmental Quality shall note in its records that
Certificate of Convenience and Necessity No. 10849 is held by the
district and shall reissue the certificate in the name of the
district without further application or notice.
Sec. 7204.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 7204.025-7204.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7204.051. DIRECTORS. The district is governed by a
board of not fewer than five and not more than 11 directors.
[Sections 7204.052-7204.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7204.101. GENERAL POWERS. Except as otherwise
provided by this subchapter, 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.
Sec. 7204.102. WATER SERVICE IMPACT FEE. (a) The district
may charge a water service impact fee that is equal to the sum of the
equity buy-in fee, aids to construction fee, and connection fee
charged by the Rose Hill Water Supply Corporation on January 15,
2005, under that corporation's tariff.
(b) Chapter 395, Local Government Code, does not apply to
the initial water service impact fee set under this section.
(c) The district may increase the water service impact fee
only as provided by Chapter 395, Local Government Code, or as
approved by the Texas Commission on Environmental Quality.
Sec. 7204.103. EMINENT DOMAIN. (a) Except as provided by
Subsection (b), the district has all the authority under Chapters
49 and 65, Water Code, of a special utility district 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, for sanitary sewer purposes, land, easements, or
other property located outside the boundaries of the district.
SECTION 4.02. The Rose Hill Special Utility District
initially includes all the territory contained in the following
area:
BEGINNING at the intersection of the north right-of-way for US
Highway 175 and the center of Big Brushy Creek and further located
approximately two and one half miles west of the City of Kaufman on
the southwest perimeter of the certificated service area of Rose
Hill Water Supply Corporation set forth in Certificate of
Convenience and Necessity (CCN) No. 10849;
THENCE northerly along the center of Big Brushy Creek as it meanders
approximately 39,499 feet to a point for a corner;
THENCE north 40 degrees 44 minutes 21 seconds east along a line
approximately 3,116 feet to a point for a corner;
THENCE north 46 degrees 15 minutes 20 seconds west along a line
approximately 1,683 feet to its intersection with the center of Big
Brushy Creek for a corner;
THENCE northerly along the center of Big Brushy Creek as it meanders
approximately 16,004 feet to its intersection with the center of
the Missouri Pacific Railroad located south of US Highway 80 for a
corner;
THENCE easterly along the center of the Missouri Pacific Railroad
approximately 4,730 feet to a point for a corner;
THENCE south 8 degrees 51 minutes 34 seconds west along a line and
parallel to County Road 238 approximately 3,000 feet to a point for
a corner;
THENCE south 81 degrees 8 minutes 26 seconds east along a line
approximately 600 feet to a point for a corner;
THENCE north 8 degrees 51 minutes 34 seconds east along a line and
parallel to County Road 238 to its intersection with the center of
the Missouri Pacific Railroad approximately 3,085 feet to a point
for a corner;
THENCE easterly along the center of the Missouri Pacific Railroad
approximately 459 feet to a point for a corner;
THENCE south 41 degrees 26 minutes 13 seconds east along the Terrell
City Limits boundary line approximately 2,520 feet to a point for a
corner;
THENCE south 57 degrees 30 minutes 51 seconds east along the Terrell
City Limits boundary line approximately 3,452 feet to a point for a
corner;
THENCE south 64 degrees 40 minutes 9 seconds east along the Terrell
City Limits boundary line approximately 2,372 feet to a point for a
corner;
THENCE south 45 degrees 55 minutes 21 seconds west along the Terrell
City Limits boundary line approximately 1,162 feet to a point for a
corner;
THENCE south 43 degrees 3 minutes 11 seconds east along the Terrell
City Limits boundary line approximately 3,448 feet to a point for a
corner;
THENCE south 35 degrees 12 minutes 0 seconds east along the Terrell
City Limits boundary line approximately 478 feet to a point for a
corner;
THENCE south 41 degrees 22 minutes 5 seconds east along the Terrell
City Limits boundary line approximately 527 feet to a point for a
corner;
THENCE south 45 degrees 56 minutes 34 seconds west along the Terrell
City Limits boundary line approximately 35 feet to its intersection
with the center of County Road 305 for a corner;
THENCE south easterly along the center of County Road 305 and the
Terrell City Limits boundary line approximately 1,823 feet to a
point for a corner;
THENCE north 45 degrees 51 minutes 45 seconds east along the Terrell
City Limits boundary line approximately 1,140 feet to a point for a
corner;
THENCE north 84 degrees 50 minutes 7 seconds east along the Terrell
City Limits boundary line approximately 2,388 feet to a point for a
corner;
THENCE north 43 degrees 18 minutes 53 seconds east along the Terrell
City Limits boundary line approximately 859 feet to a point for a
corner;
THENCE south 63 degrees 4 minutes 28 seconds east along the Terrell
City Limits boundary line approximately 513 feet to a point for a
corner;
THENCE south 47 degrees 26 minutes 45 seconds east along the Terrell
City Limits boundary line approximately 303 feet to a point for a
corner;
THENCE south 34 degrees 21 minutes 59 seconds west along the Terrell
City Limits boundary line approximately 321 feet to a point for a
corner;
THENCE south 47 degrees 26 minutes 58 seconds east along the Terrell
City Limits boundary line approximately 1,019 feet to a point for a
corner;
THENCE south 50 degrees 36 minutes 4 seconds west along the Terrell
City Limits boundary line approximately 100 feet to a point for a
corner;
THENCE south 48 degrees 34 minutes 58 seconds east along the Terrell
City Limits boundary line approximately 1,131 feet to its
intersection with the center of County Road 304 to a point for a
corner;
THENCE northeasterly along the center of County Road 304 and the
Terrell City Limits boundary line approximately 1085 feet to a
point for a corner;
THENCE south 62 degrees 58 minutes 14 seconds east along the Terrell
City Limits boundary line approximately 2,441 feet to a point for a
corner;
THENCE south 64 degrees 2 minutes 15 seconds east along the Terrell
City Limits boundary line approximately 4,551 feet to a point for a
corner;
THENCE south 73 degrees 10 minutes 39 seconds east along the Terrell
City Limits boundary line approximately 198 feet to a point for a
corner;
THENCE south 44 degrees 7 minutes 56 seconds west along the Terrell
City Limits boundary line approximately 1,088 feet to a point for a
corner;
THENCE south 46 degrees 22 minutes 18 seconds east along the Terrell
City Limits boundary line approximately 2,509 feet to its
intersection with the northwest right of way for County Road 301 for
a corner;
THENCE northeasterly along County Road 301 northwest right of way
and the Terrell City Limits boundary line approximately 417 feet to
a point for a corner;
THENCE south 1 degree 20 minutes 1 second east along the Terrell
City limits boundary Line approximately 2,460 feet to a point for a
corner;
THENCE south 45 degrees 38 minutes 12 seconds west along the Terrell
City Limits boundary line approximately 911 feet to a point for a
corner;
THENCE south 44 degrees 24 minutes 51 seconds east along the Terrell
City Limits boundary line approximately 803 feet to a point for a
corner;
THENCE north 57 degrees 17 minutes 50 seconds east along the Terrell
City Limits boundary line approximately 390 feet to a point for a
corner;
THENCE south 18 degrees 36 minutes 16 seconds east along the Terrell
City Limits boundary line approximately 1454 feet to a point for a
corner;
THENCE north 67 degrees 46 minutes 58 seconds east along the Terrell
City Limits boundary line approximately 991 feet to its
intersection with the center of Kings Creek for a corner;
THENCE southwesterly along the center of Kings Creek as it meanders
approximately 48,462 feet to its intersection with the north
boundary of the certificated service area of the City of Kaufman set
forth in CCN No. 10877 for a corner;
THENCE west along the north boundary line of the City of Kaufman CCN
No. 10877 approximately 5,356 feet to a point for a corner;
THENCE south along the west boundary line of the City of Kaufman CCN
No. 10877 approximately 5,708 feet to its intersection with the
State Highway 243 north right of way for a corner;
THENCE westerly along the State Highway 243 north right of way
approximately 210 feet to its intersection with the US Highway 175
north right of way for a corner;
THENCE westerly along the US Highway 175 north right of way
approximately 1433 feet to a point for a corner;
THENCE north 3 degrees 2 minutes 15 seconds east along a line
approximately 150 feet to a point for a corner;
THENCE north 33 degrees 6 minutes 40 seconds west along a line
approximately 177 feet to a point for a corner;
THENCE north 87 degrees 47 minutes 47 seconds west along a line
approximately 178 feet to a point for a corner;
THENCE south 49 degrees 3 minutes 38 seconds west along a line
approximately 159 feet to a point for a corner;
THENCE south 4 degrees 24 minutes 29 seconds west along a line
approximately 180 feet to its intersection with the US Highway 175
north right of way for a corner;
THENCE westerly along the US Highway 175 north right of way
approximately 2,442 feet to a point for a corner;
THENCE north 10 degrees 44 minutes 2 seconds east along a line
approximately 500 feet to a point for a corner;
THENCE south 87 degrees 36 minutes 10 seconds west and parallel to
the US Highway 175 north right of way approximately 370 feet to a
point for a corner;
THENCE north 81 degrees 2 minutes 35 seconds west and parallel to
the US Highway 175 north right of way approximately 3,506 feet to a
point for a corner;
THENCE north 15 degrees 34 minutes 29 seconds east along a line
approximately 3,469 feet to its intersection with County Road 284
south right of way to a point for a corner;
THENCE southerly along the County Road 284 south right of way
approximately 597 feet to a point for a corner;
THENCE northerly along the County Road 284 south right of way
approximately 1,071 feet to a point for a corner;
THENCE south 46 degrees 20 minutes 42 seconds east along a line and
parallel to County Road 284 approximately 1387 feet to a point for a
corner;
THENCE north 44 degrees 12 minutes 44 seconds east along a line and
parallel to County Road 284 approximately 1122 feet to a point for a
corner;
THENCE north 45 degrees 47 minutes 16 seconds west along a line
approximately 300 feet to a point for a corner;
THENCE south 44 degrees 12 minutes 44 seconds west along a line and
parallel to County Road 284 approximately 824 feet to a point for a
corner;
THENCE north 46 degrees 20 minutes 42 seconds west along a line and
parallel to County Road 284 approximately 1,088 feet to a point for
a corner;
THENCE north 43 degrees 39 minutes 18 seconds east along a line
approximately 609 feet to a point for a corner;
THENCE north 45 degrees 1 minute 17 seconds west along a line
approximately 600 feet to a point for a corner;
THENCE south 43 degrees 44 minutes 37 seconds west along a line and
parallel to County Road 284 approximately 1248 feet to a point for a
corner;
THENCE north 33 degrees 49 minutes 57 seconds west along a line
approximately 370 feet to a point for a corner;
THENCE north 15 degrees 49 minutes 23 seconds east along a line and
parallel to Farm to Market Road 2578 approximately 2,781 feet to a
point for a corner;
THENCE north 28 degrees 9 minutes 34 seconds west along a line
approximately 625 feet to a point for a corner;
THENCE south 43 degrees 46 minutes 15 seconds west along a line and
parallel to Robin Lane approximately 2,805 feet to a point for a
corner;
THENCE south 73 degrees 19 minutes 40 seconds west along a line and
parallel to County Road 285 approximately 1,766 feet to a point for
a corner;
THENCE south 16 degrees 40 minutes 20 seconds east along a line
approximately 600 feet to a point for a corner;
THENCE north 73 degrees 19 minutes 40 seconds east along a line and
parallel to County Road 285 approximately 1,494 feet to a point for
a corner;
THENCE south 34 degrees 12 minutes 1 seconds east along a line and
parallel to County Road 285 approximately 857 feet to a point for a
corner;
THENCE south 15 degrees 34 minutes 20 seconds west along a line and
parallel to Farm to Market Road 2578 approximately 3,922 feet to a
point for a corner;
THENCE north 78 degrees 29 minutes 32 seconds west along a line and
parallel to the US Highway 175 north right of way approximately
1,084 feet to a point for a corner;
THENCE south 10 degrees 0 minutes 13 seconds west along a line to
its intersection with the US Highway 175 north right of way
approximately 516 feet for a corner;
THENCE westerly along the US Highway 175 north right of way
approximately 624 feet to its intersection with the center of Big
Brushy Creek and back to the place of beginning and containing
approximately 27,817 acres.
SECTION 4.03. (a) The legal notice of the intention to
introduce this article, setting forth the general substance of this
article, has been published as provided by law, and the notice and a
copy of this article 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 has submitted the notice and article to the
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this article 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 a conservation and reclamation
district and the inclusion of land in the district has been complied
with. 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 article are fulfilled and
accomplished.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1894 passed the Senate on
May 17, 2005, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1894 passed the House on
May 25, 2005, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor