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  H.B. No. 4099
 
 
 
 
AN ACT
  relating to the creation of the Preston Summit Municipal Utility
  District No. 1 of Grayson 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:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8254 to read as follows:
  CHAPTER 8254. PRESTON SUMMIT MUNICIPAL UTILITY DISTRICT NO. 1 OF
  GRAYSON COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8254.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Preston Summit Municipal
  Utility District No. 1 of Grayson County.
         Sec. 8254.002.  NATURE OF DISTRICT. The district is a
  municipal utility district in Grayson County created under and
  essential to accomplish the purposes of Section 52, Article III,
  and Section 59, Article XVI, Texas Constitution.
         Sec. 8254.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8254.023 before September 1, 2011:
               (1)  the district is dissolved September 1, 2011,
  except that the district shall:
                     (A)  pay any debts incurred;
                     (B)  transfer to Grayson County any assets that
  remain after the payment of debts; and
                     (C)  maintain the organization of the district
  until all debts are paid and remaining assets are transferred; and
               (2)  this chapter expires September 1, 2014.
         Sec. 8254.004.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating this chapter form a closure. A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect:
               (1)  the organization, existence, or validity of the
  district;
               (2)  the right of the district to impose taxes;
               (3)  the validity of the district's bonds, notes, or
  indebtedness; or
               (4)  the legality or operation of the district or the
  board.
  [Sections 8254.005-8254.020 reserved for expansion]
  SUBCHAPTER A-1. TEMPORARY PROVISIONS
         Sec. 8254.021.  TEMPORARY DIRECTORS.  (a) On or after
  September 1, 2007, a person who owns land in the district may submit
  a petition to the Texas Commission on Environmental Quality
  requesting that the commission appoint as temporary directors the
  five persons named in the petition.
         (b)  The commission shall appoint as temporary directors the
  five persons named in the first petition received by the commission
  under Subsection (a).
         (c)  If a temporary director fails to qualify for office, the
  commission shall appoint a person to fill the vacancy.
         (d)  Temporary directors serve until the earlier of:
               (1)  the date directors are elected under Section
  8254.023; or
               (2)  the date this chapter expires under Section
  8254.003.
         Sec. 8254.022.  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 meet at a location in the district
  agreeable to a majority of the directors.  At the meeting, the
  temporary directors shall elect officers from among the temporary
  directors and conduct any other district business.
         Sec. 8254.023.  CONFIRMATION AND INITIAL DIRECTORS'
  ELECTION; ANNEXATION BY CITY.  (a)  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.
         (b)  The temporary directors may not hold the election until
  the City of Gunter has annexed into its corporate limits all
  territory described by Section 2 of the Act creating this chapter.
         Sec. 8254.024.  INITIAL ELECTED DIRECTORS; TERMS.  The
  directors elected under Section 8254.023 shall draw lots to
  determine which two shall serve until the first regularly scheduled
  election of directors and which three shall serve until the second
  regularly scheduled election of directors.
         Sec. 8254.025.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2014.
  [Sections 8254.026-8254.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8254.051.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
  [Sections 8254.052-8254.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8254.101.  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. 8254.102.  WATER AND WASTEWATER FACILITIES AND
  SERVICES. (a)  The district shall make available any district water
  or wastewater facility to each person that holds a certificate of
  convenience and necessity for land in the district.
         (b)  The district may not provide retail water or wastewater
  services.
         Sec. 8254.103.  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 regulations of
  each municipality in whose corporate limits or extraterritorial
  jurisdiction the district is located.
         Sec. 8254.104.  MAINTENANCE AND REPAIR OF ROADS IN TERRITORY
  EXCLUDED FROM CITY.  If the City of Gunter excludes district
  territory from the city's corporate limits, the district shall
  maintain, improve, operate, and repair any road located in that
  territory in accordance with the ordinances and rules of each
  political subdivision in whose jurisdiction the road is located.
         Sec. 8254.105.  DIVISION OF DISTRICT.  (a)  The district may
  be divided into two new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  The division procedure is prescribed by Sections 53.030
  through 53.041, Water Code.
         (c)  Any new district created by the division of the district
  has all the powers and duties of the district.
         (d)  Any new district created by the division of the district
  may not, at the time the new district is created, contain any land:
               (1)  outside the area described by Section 2 of the Act
  creating this chapter; or
               (2)  outside the corporate limits of the city of
  Gunter.
         Sec. 8254.106.  COMPLIANCE WITH MUNICIPAL CONSENT
  RESOLUTIONS. The district shall comply with all applicable
  requirements of any ordinance or resolution adopted by the
  governing body of each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located.
         Sec. 8254.107.  LIMITATION ON ANNEXATION.  (a)  The district
  may not add land to the district under Subchapter J, Chapter 49,
  Water Code, if the land is located outside the corporate limits of
  the city of Gunter.
         (b)  Section 43.075, Local Government Code, does not apply to
  the district.
  [Sections 8254.108-8254.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8254.151.  TAX TO REPAY BONDS. The district may impose
  a tax to pay the principal of or interest on bonds or other
  obligations issued under Section 8254.201.
  [Sections 8254.152-8254.200 reserved for expansion]
  SUBCHAPTER E.  BONDS
         Sec. 8254.201.  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, to finance the
  construction, maintenance, or operation of a project under Section
  8254.101 or 8254.103.
         (b)  The district may not issue bonds or other obligations to
  finance projects authorized by Section 8254.103 unless the issuance
  is approved by a vote of a two-thirds majority of the district
  voters voting at an election held for that purpose.
         (c)  Bonds or other obligations issued or incurred to finance
  projects authorized by Section 8254.103 may not exceed one-fourth
  of the assessed value of the real property in the district.
         SECTION 2.  The Preston Summit Municipal Utility District
  No. 1 of Grayson County includes all the territory contained in the
  following area:
  TRACT 1:
  SITUATED in the County of Grayson, State of Texas, being a part of
  the John Blundell Survey, Abstract No. 95, a part of the Orry A.
  VanDusen Survey, Abstract, No. 1424, a part of the William P.
  Johnson Survey, Abstract No. 628 and a part of the Daniel Lloyd
  Survey, Abstract No. 706, being a part of the 709.93648 acre tract
  of land (Tract Two) and a part of the "approximate" 68.3 acre tract
  of land (Tract One), conveyed by Correction Warranty Deed from C. J.
  Christie and wife, Mattie P. Christie, to Christie Farm, Ltd., on
  February 12, 1993 (effective date: June 17, 1992), recorded in
  Volume 2255, Page 516, Real Property Records, Grayson County,
  Texas, and being more particularly described as one tract of land,
  by metes and bounds as follows, to-wit:
  BEGINNING at a 1/2 inch rebar set in the South line of said Blundell
  Survey and the North line of the Asa Hartfield Survey, Abstract No.
  490, at an angle point in the East line of the Tommy Allen, III,
  537.375 ac. in Vol. 3187, Pg. 766, O.P.R.G.C.T., at the Southwest
  corner of said Christie 709.93648 ac. and the Northwest corner of
  the Sangani Properties, Ltd. 26.861 ac. (Tract 3) in Vol. 3684, Pg.
  182, O.P.R.G.C.T., said rebar being in the West ditch of Fallon
  Road, a "North-South" public road, and being 15.5 ft. West of the
  center of the asphalt paving of Fallon Road, and being in-line with
  the center of Savage Road, a public road to the East;
  THENCE North 24 deg. 58 min. 30 sec. East, with the East line of said
  Allen 537.375 ac., intersecting the center of the asphalt paving of
  Fallon Road at about 100 ft., and continuing now with said center of
  Fallon Road, leaving said center of road at about 2400, and
  continuing for a total distance of 2457.37 ft. to a 1/2 inch rebar
  set near the East edge of said asphalt paving of said road, in the
  East line of said VanDusen Survey and the most Western West line of
  said Johnson Survey, at an angle point in said East line of the
  Allen 537.375 ac.;
  THENCE North 01 deg. 50 min. 30 sec. East, with said East line of the
  VanDusen Survey and then the most Eastern East line of the H.T. &
  B.R.R. Survey, Abstract No. 605 and with said Western West line of
  the Johnson Survey, intersecting the center of the asphalt paving
  of Fallon Road at about 80 ft., and continuing now with said center
  of Fallon Road, leaving said center of road at about 4800, and
  continuing for a total distance of 5330.70 ft. to a 1/2 inch rebar
  set in an "East-West" wire fence maintaining the South line of both
  the John S. Thom (AKA.; John. S. Thorn) Survey, Abstract No. 1189
  and the Phillip S. Wildman 183.689 ac. (Exhibit "A") in Vol. 2535,
  Pg. 484, O.P.R.G.C.T., at the Northwest corner of both said Johnson
  Survey and the Christie 709.93648 ac., the most Eastern Northeast
  corner of said H.T. & B.R.R. Survey;
  THENCE South 89 deg. 00 min. 22 sec. East, with the general course
  of said wire fence maintaining said South line of the Thom Survey
  and the North line of said Johnson Survey, a distance of 1618.98 ft.
  to a 5/8 inch rebar found in concrete, at the Southeast base of a
  crosstie corner post, at the Southeast corner of said Wildman
  183.689 ac. and the Southwest corner of the Phillip Sherwood
  Wildman and wife, Teresa Marie "Donohoe" Wildman 240.811 ac.
  (Exhibit "A") in Vol. 2583, Pg. 538, O.P.R.G.C.T.;
  THENCE South 87 deg. 56 min. 05 sec. East, with the "scattered"
  remains of an old fence, continuing with said South line of the Thom
  Survey and said North line of the Johnson Survey, a distance of
  2665.50 ft. to a spike nail found near the West base of a corner
  post, in the center of an old "North-South" public road, now
  abandoned, in the West line of both the Mary Miller Survey, Abstract
  No. 775 and the Jack A. Turpin 233.480 ac. (Tract No. 1) in Vol.
  1963, Pg. 436. R.P.R.G.C.T., at the Southeast corner of both the
  Thom Survey and the Wildman 240.811 ac., the Northeast corner of
  both the Johnson Survey and the Christie 709.93648 ac.;
  THENCE South 00 deg. 12 min. 02 sec. East, with the general course
  of a wire fence along the center of said abandoned road, with said
  West line of the Miller Survey and the East line of said Johnson
  Survey, a distance of 1331.48 ft. to an 8 inch wood post maintaining
  an angle point in the west line of said Turpin 233.480 ac.;
  THENCE South 17 deg. 23 min.. 18 sec. East, with a wire fence
  maintaining the West line of said Turpin 233.480 ac., but not with
  said Miller & Johnson Survey lines and not with the center of said
  abandoned road, a distance of 301.70 ft. to an 8 inch wood post
  maintaining another angle point in the West said Turpin 233.480 ac,
  in the West line of said abandoned road;
  THENCE South 00 deg. 28 min. 22 sec. East, with the general course
  of a wire fence maintaining the West line of said Turpin 233.480
  ac., and along the West line of said abandoned road, a distance of
  1461.48 ft. to a crosstie corner post maintaining the Southwest
  corner of said Turpin 233.480 ac.;
  THENCE South 89 deg. 20 min. 53 sec. East, with a wire fence
  maintaining the South line of said Turpin 233.480 ac., a distance of
  16.97 ft. to a 1/2 inch rebar found at the base of a corner post, in
  the center of said abandoned road, in the East line of both said
  Johnson Survey and the Christie 709.93648 Sc., the West line of said
  Miller Survey, at the Northwest corner of the Edwin A. Trapp, Jr.
  Revocable Trust, 278.389 ac. (Tract One Exhibit "A") in Vol. 2271,
  Pg. 274, R.P.R.G.C.T.;
  THENCE South 00 deg. 17 min. 02 sec. East, with the general course
  of a wire fence along the center of said abandoned road, with said
  West line of the Miller Survey and said East line of the Johnson
  Survey, a distance of 1813.09 ft. to a 5/8 inch rebar found at the
  base of a corner post, at the Southwest corner of said Miller
  Survey, the most Western Southwest corner of said Trapp 278.389ac.
  and the Northwest corner of both said Daniel Lloyd Survey and the
  Christie 68.3 ac.;
  THENCE North 89 deg. 30 min. 05 sec. East, with the general course
  of a wire fence maintaining a South line of said Miller Survey and
  the North line of both said Lloyd Survey and the Christie 68.3 ac.,
  leaving said abandoned road at 17 ft., and continuing with said
  fence, for a total distance 914.48 ft. to a 1/2 inch rebar found at
  the base of a corner post, in the West right-of-way line of State
  Hwy. 289, at the most Eastern Northeast corner of the herein
  described tract;
  THENCE Southwesterly, with the West right-of-way line of State Hwy.
  289, the following calls and distances:
  1. South 28 deg. 15 min. 55 sec. West, a distance of 774.73 ft. to a
  point at the East base of fence post;
  2. South 15 deg. 32 min. 08 sec. West, a distance of 251.91 ft. to a
  point at the East base of a corner post, in North right-of-way line
  of the St. Louis, San Francisco & Texas (Frisco) Railroad, at the
  most Eastern Southeast corner of the herein described tract;
  THENCE Southwesterly, with the North right-of-way line of said
  Frisco Railroad, the following calls and distances:
  1. South 76 deg. 48 min. 15 sec. West, a distance of 3250.09 ft. to a
  point at the beginning of a curve;
  2. Southwesterly, with a curve to the left having a central angle
  (delta) of 29 deg. 09 min. 37 sec. and a radius of 3869.83 ft. (chord
  bears South 62 deg. 13 min.. 27 sec. West, 1948.33 ft.), an arc
  distance of 1969.52 ft. to a 1/2 inch rebar set in the center of said
  Savage Road, in the South line of said Blundell Survey and the North
  line of said Hartfield Survey, at the most Southern Southeast
  corner of both the Christie 709.93648 ac. and the herein described
  tract;
  THENCE North 88 deg. 36 mm, 08 sec. West, with the center of Savage
  Road and with said Survey lines, a distance of 1216.55 ft. to the
  PLACE OF BEGINNING and containing 721.495 ACRES of land.
  TRACT 2:
  SITUATED in the County of Grayson, State of Texas, being a part of
  the John Blundell Survey, Abstract No. 95, a part of the William P.
  Johnson Survey, Abstract No. 628 and a part of the Daniel Lloyd
  Survey, Abstract No. 706, being part of the 90.71166 acre tract of
  land (Tract Three) and a part of the "approximate" 68.3 acre tract
  of land (Tract One), conveyed by Correction Warranty Deed from C. J.
  Christie and wife, Mattie P. Christie, to Christie Farm, Ltd., on
  February 12, 1993 (effective date: June 17, 1992), recorded in
  Volume 2255, Page 516, Real Property Records, Grayson County,
  Texas, and being more particularly described as one tract of land,
  by metes and bounds as follows, to-wit:
  BEGINNING at a 1/2 inch rebar found in the West right-of-way line of
  State Hwy. 289 and the center of Savage Road, a public road to the
  West, in the most Southern South line of said Johnson Survey, in the
  South line of said Christie 90.71166 ac. and the North line of the
  Asa Hartfield Survey, Abstract No. 490, at the most Southern
  Southeast corner of the herein described tract and the Northeast
  corner of the Sangani Properties, Ltd. 278.933 ac. (Tract 2) in Vol.
  3684, Pg. 182, O.P.R.G.C.T.;
  THENCE Westerly, with the center of Savage Road, with the South line
  of said Christie 90.71166 ac. and the North line of said Sangani
  278.933 ac., the following calls and distances:
  1. North 88 deg. 01 min. 29 sec. West, a distance of 2702.40 ft. to
  an angle point;
  2. North 88 deg. 36 min. 08 sec. West, 969.77 ft. to a 1/2 inch rebar
  set in the South or Southeast right-of-way line of the St. Louis,
  San Francisco & Texas (Frisco) Railroad, at the Southwest corner of
  said Christie 90.71166 ac. and the Northwest corner of said Sangani
  278.933 ac.;
  THENCE Northeasterly, with the South or Southeast right-of-way line
  of said Frisco Railroad, the following calls and distances:
  1. Northeasterly, with a curve to the right having a central angle
  (delta) of 27 deg. 32 min. 56 sec. and a radius of 3769.83 ft. (chord
  bears North 61 deg, 01 min. 47 sec. East, 1795.20 ft.), an arc
  distance of 1812.61 ft. to a point at the end of said curve;
  2. North 76 deg. 48 min. 15 sec. East, a distance of 3195.27 ft. to a
  point at the East base of a corner post, in the West right-of-way
  line of State Hwy. 289, at the Northeast corner of the herein
  described tract;
  THENCE Southeasterly, with the West right-of-way line of State Hwy.
  289. the following calls and distances:
  1. South 15 deg. 32 min. 08 sec. West, a distance of 625.74 ft. to a
  point on a concrete & brass monument, said point being North 38 deg.
  West, 0.5 ft. from the center of said monument;
  2. South 25 deg. 08 min. 43 sec. West, a distance of 632.15 ft. to a
  point on a concrete & brass monument, said point being North 17 deg.
  West, 0.3 ft. from the center of said monument;
  3. South 41 deg. 35 min. 40 sec. West, a distance of 314.23 ft. to a
  point on a concrete & brass monument, said point being North 21 deg.
  West, 0.2 ft. from the center of said monument;
  4. South 46 deg. 32 min. 40 sec. West, a distance of 251.92 ft. to a
  point on a concrete & brass monument, in the North line of said
  Savage Road, said point being North 47 deg. West, 0.2 ft. from the
  center of said monument;
  THENCE North 88 deg. 59 min. 29 sec. West, continuing with said West
  right-of-way line of Hwy. 289, along a "flare-out in said
  right-of-way and with the North line of Savage Road, a distance of
  210.77 ft. to a point on a concrete & brass monument, said point
  being 0.8 ft. South of the center of said monument;
  THENCE South 01 deg. 37 min. 50 sec. West, again with said West
  right-of-way line of Hwy. 289 and partially across Savage Road, a
  distance of 33.58 ft. to the PLACE OF BEGINNING and containing
  95.259 ACRES of land.
  TRACT 3:
  SITUATED in the County of Grayson, State of Texas, being a part of
  the Daniel Lloyd Survey, Abstract No. 706, being a part of the
  "approximate" 68.3 acre tract of land (Tract One), conveyed by
  Correction Warranty Deed from C. J. Christie and wife, Mattie P.
  Christie, to Christie Farm, Ltd., on February 12, 1993 (effective
  date: June 17, 1992), recorded in Volume 2255, Page 516, Real
  Property Records, Grayson County, Texas, and being more
  particularly described by metes and bounds as follows, to-wit:
  BEGINNING at a 1/2 inch rebar found in East right-of-way line of
  State Hwy. 289 and the center of Strawn Road, an "East-West" public
  road, in the North line of the Asa Hartfield Survey, Abstract No.
  490, at the Southwest corner of both said Daniel Lloyd Survey and
  the Christie 68.3 ac., the Southeast corner of the William P.
  Johnson Survey, Abstract No. 628;
  THENCE North 00 deg, 13 min. 14 sec. West, with the East
  right-of-way line of said Hwy. 289, with the West line of both said
  Daniel Lloyd Survey and the Christie 68.3 ac. and the East line of
  said Johnson Survey, a distance of 180.01 ft. to a point in the
  center of a concrete & brass monument, at an angle point in said
  right-of-way;
  THENCE Northeasterly, continuing with said East right-of-way line
  of Hwy. 289, but not with said Survey lines, the following calls and
  distances:
  1. North 39 deg. 45 min. 23 sec. East, a distance of 104.24 ft. to a
  point in the center of a concrete & brass monument at an angle
  point;
  2. North 46 deg. 32 min. 40 sec. East, a distance of 656.69 ft. to a
  point at the beginning of a curve;
  3. Northeasterly, with a curve to the left having a central angle
  (delta) of 42 deg. 14 min. 00 sec. and a radius of 1482.21 ft. (chord
  bears North 25 deg. 25 min. 40 sec. East, 1067.99 ft.), an arc
  distance of 1092.55 ft. to a point at the end of said curve;
  4. North 04 deg. 18 min. 40 sec. East, a distance of 75.10 ft. to a
  1/2 inch rebar set in the South right-of-way line of the St. Louis,
  San Francisco & Texas (Frisco) Railroad, at most Northern Northwest
  corner of the herein described tract;
  THENCE North 76 deg. 48 min. 15 sec. East, with the South
  right-of-way line of said Frisco Railroad, a distance of 324.79 ft.
  to a point in the East line of said Christie 68.3 ac. and a West line
  of the Edwin A. Trapp, Jr. Revocable Trust, 278.389 ac. (Tract One,
  Exhibit "A") in Vol. 2271, Pg. 274, R.P.R.G.C.T., at the Northeast
  corner of the herein described tract;
  THENCE South 00 deg. 09 min. 43 sec. East, with said West line of the
  Trapp 278.389 ac., passing a crosstie corner post at 8 ft., and
  continuing now with the general course of a wire fence, passing a
  1/2 inch rebar found in fence at 1777.7 ft., passing a corner post
  in the North line of Strawn Road and leaving said fence at about
  1792 ft., and continuing for a total distance of 1816.60 ft. to a
  point in the center of Strawn Road in the South line of said Daniel
  Lloyd Survey and the North line of said Hartfield Survey, at the
  Southeast corner of said Christie 68.3 ac. and the most Southern
  Southwest corner of said Trapp 278.389 ac.;
  THENCE South 89 deg. 37 min. 18 sec. West, with the center of Strawn
  Road and with said Survey lines, a distance of 1328.26 ft. to the
  PLACE OF BEGINNING and containing 29.764 ACRES of land.
  TRACT 4:
  SITUATED in the County of Grayson, State of Texas, being a part of
  the Daniel Lloyd Survey, Abstract No. 706, being a part of the
  "approximate" 68.3 acre tract of land (Tract One), conveyed by
  Correction Warranty Deed from C. J. Christie and wife, Mattie P.
  Christie, to Christie Farm, Ltd., on February 12, 1993 (effective
  date: June 17, 1992), recorded in Volume 2255, Page 516, Real
  Property Records, Grayson County, Texas, and being more
  particularly described by metes and bounds as follows, to-wit:
  BEGINNING at a point in the East right-of-way line of State Hwy.
  289, in the North line of both said Daniel Lloyd Survey and the
  Christie 68.3 ac., in the South line of the Mary Miller Survey,
  Abstract No. 775 and a South line of the Edwin A. Trapp, Jr.
  Revocable Trust, 278.389 ac. (Tract One, Exhibit "A") in Vol. 2271,
  Pg. 274, R.P.R.G.C.T., at the Northwest corner of the herein
  described tract, said point being 2.1 ft. West of a 1/2 inch rebar
  found at the base of a corner post;
  THENCE North 89 deg. 36 min. 08 sec. East, with said South line of
  the Trapp 278.389 ac. and with said Survey lines, passing said rebar
  at 2.1 ft., and continuing now with a wire fence, for a total
  distance of 155.34 ft. to a 1/2 inch rebar found at the base of a
  corner post, at the Northeast corner of said Christie 68.3 ac. and
  an Ell corner of said Trapp 278.389 ac.;
  THENCE South 00 deg. 09 min. 43 sec. East, with the general course
  of a wire fence maintaining a West line of said Trapp 278.389 ac.
  and the East line of said Christie 68.3 ft., a distance of 727.30
  ft. to a point in the North right-of-way line of the St. Louis, San
  Francisco & Texas (Frisco) Railroad, at the Southeast corner of the
  herein described tract;
  THENCE South 76 deg. 48 min. 15 sec. West with the North
  right-of-way line of said Frisco Railroad, a distance of 316.39 ft.
  to a concrete & brass monument found in said East right-of-way line
  of State Hwy. 289, at the Southwest corner of the herein described
  tract;
  THENCE North 10 deg. 41 min. 06 sec. East, with the East
  right-of-way line of State Hwy. 289, a distance of 812.53 ft. to the
  PLACE OF BEGINNING and containing 3.995 ACRES of land.
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4099 was passed by the House on May 9,
  2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4099 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor