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AN ACT
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relating to the creation of Kendall County Water Control and |
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Improvement District No. 2; providing authority to impose a tax and |
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issue bonds; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9022 to read as follows: |
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CHAPTER 9022. KENDALL COUNTY WATER CONTROL AND IMPROVEMENT |
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DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9022.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means Kendall County Water Control and |
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Improvement District No. 2. |
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Sec. 9022.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district in Kendall County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9022.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 9022.023 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Kendall County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 9022.004. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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indebtedness; or |
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(4) the legality or operation of the district or the |
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board. |
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[Sections 9022.005-9022.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 9022.021. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Steve Mack; |
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(2) Matthew Diana; |
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(3) Glen Boehm; |
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(4) Jamie D'Spain; and |
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(5) Phillip Bell. |
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(b) Notwithstanding Section 9022.051(b), the terms of the |
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first three directors named in Subsection (a) expire on the uniform |
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election date in November of the first even-numbered year after the |
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year in which the creation of the district is confirmed at an |
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election held under Section 9022.023, and the terms of the last two |
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directors named in Subsection (a) expire on the uniform election |
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date in November of the next even-numbered year. |
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Sec. 9022.022. CONSENT OF MUNICIPALITY REQUIRED. The |
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initial directors may not hold an election under Section 9022.023 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has received |
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a petition seeking municipal consent to the creation of the |
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district and has adopted a resolution providing that consent. |
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Sec. 9022.023. CONFIRMATION ELECTION. The initial |
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directors shall hold an election to confirm the creation of the |
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district. |
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Sec. 9022.024. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 9022.025-9022.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9022.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 9022.052. ELECTION OF DIRECTORS. Notwithstanding |
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Section 49.103(b), Water Code, on the uniform election date in |
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November of each even-numbered year, the appropriate number of |
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directors shall be elected. |
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[Sections 9022.053-9022.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9022.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, including Chapters 49 and 51, |
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Water Code, applicable to water control and improvement districts |
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created under Section 59, Article XVI, Texas Constitution. |
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Sec. 9022.102. ROAD PROJECTS. (a) To the extent |
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authorized by Section 52, Article III, Texas Constitution, the |
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district may: |
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(1) construct, acquire, improve, maintain, or operate |
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macadamized, graveled, or paved roads, or improvements in aid of |
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those roads, inside the district; and |
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(2) improve or maintain roads, or improvements in aid |
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of those roads, outside the district. |
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(b) A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulatory |
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ordinances of the municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located. If the |
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district is located outside the extraterritorial jurisdiction of a |
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municipality, a road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulatory |
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ordinances of the county in which the district is located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by ordinance or |
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resolution. |
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Sec. 9022.103. DIVISION OF DISTRICT. (a) The district may |
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divide into two new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) The division procedure is prescribed by Sections 53.030 |
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through 53.041, Water Code. Sections 51.748 through 51.753, Water |
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Code, do not apply to the district. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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(d) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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Sec. 9022.104. DISSOLUTION OF DISTRICT. |
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(a) Notwithstanding Section 43.0751, Local Government Code, or |
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any other general law, before December 31, 2017, the district may |
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not be dissolved unless the dissolution is approved by: |
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(1) the board; and |
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(2) the governing body of each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located. |
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(b) This section expires December 31, 2017. |
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Sec. 9022.105. LIMIT ON EMINENT DOMAIN POWER. The district |
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may exercise the power of eminent domain outside the district only |
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to acquire an easement necessary for belowground water, sewer, |
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storm water, or drainage pipelines that serve the district. |
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[Sections 9022.106-9022.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9022.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of and interest on bonds issued under |
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Section 9022.201. |
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[Sections 9022.152-9022.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 9022.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other |
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obligations as provided by Chapters 49 and 51, Water Code, to |
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finance the construction, maintenance, or operation of projects |
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under Section 9022.101 or 9022.102. |
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(b) The district may not issue bonds authorized by Section |
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9022.102 unless the issuance is approved by a vote of a two-thirds |
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majority of the voters of the district voting at an election called |
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for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 9022.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. Kendall County Water Control and Improvement |
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District No. 2 initially includes all the territory contained in |
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the following described area: |
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TRACT ONE: |
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BEING a 232.965 acre tract of land out of the Juan Ortiz Survey No. |
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190, Abstract No. 363, Kendall County, Texas, said 232.965 acre |
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tract being comprised of a 232.674 acre tract out of a 232.965 acre |
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tract (230.65 acre tract, record) recorded in Volume 663, Pages |
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590, Official Records (R1), and a 0.291 acre tract (0.2915 acre |
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tract, record) recorded in Volume 950, Page 489, Official Records, |
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Kendall County, Texas, said 232.965 acre tract being more |
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particularly described by metes and as follows: |
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BEGINNING at a 1/2" rebar found for a southwest corner of the herein |
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described tract, the southeast corner of the David E. & Dafana J. |
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Ebner tract recorded in Volume 582, Page 201, Official Records, |
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Kendall County, Texas (R2), located in the north right-of-way line |
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of State Highway No. 46 (100' right-of-way), from which a found |
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TxDOT concrete ROW marker bears North 89 degrees 35 minutes 23 |
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seconds West for a distance of 27.86 feet (North 89 degrees 14 |
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minutes 15 seconds West, 27.85 feet, R2) and from which another |
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found TxDOT concrete ROW marker bears South 89 degrees 35 minutes 23 |
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seconds East for a distance of 856.87 feet; |
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THENCE departing the north right-of-way line of State Highway No. |
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46, along the east boundary line of the said David E. & Dafana J. |
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Ebner tract, along a west boundary line of the herein described |
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tract with a fence for the following bearings and distances: |
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North 00 degrees 14 minutes 02 seconds West for a distance of 637.70 |
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feet (North 01 degrees 20 minutes 00 seconds West, 637.70 feet, R1) |
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to a 1/2" rebar with plastic cap "MDS SURVEY" set for an angle |
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point; |
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North 00 degrees 18 minutes 23 seconds West for a distance of 626.72 |
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feet (North 01 degrees 21 minutes 00 seconds West, 515.00 feet & |
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North 01 degrees 14 minutes 00 seconds West, 112.80 feet, R1) to a |
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1/2" rebar with plastic cap "MDS SURVEY" set for an interior corner |
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next to steel fence post, being the northeast corner of said David |
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E. & Dafana J. Ebner tract; |
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THENCE along the north boundary line of said David E. & Dafana J. |
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Ebner tract, a south boundary line of the herein described tract |
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with a fence South 89 degrees 53 minutes 22 seconds West for a |
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distance of 359.62 feet (South 89 degrees 42 minutes 39 seconds |
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West, 359.69 feet, R2) to a 1/2" rebar found for an angle point at a |
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fence tee, the northwest corner of said David E. & Dafana J. Ebner |
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tract, the northeast corner of the Dennis & Laurie Owens tract |
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recorded in Volume 867, Page 990, Official Records, Kendall County, |
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Texas (R3); |
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THENCE continuing along a south boundary line of the herein |
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described tract with a fence, along the north boundary line of said |
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Dennis & Laurie Owens tract, North 89 degrees 56 minutes 56 seconds |
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West for a distance of 200.01 feet (South 88 degrees 57 minutes |
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West, 200.00 feet, R3) to a 1/2" rebar with plastic cap "MDS SURVEY" |
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set for an angle point at a fence tee, the northwest corner of said |
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Dennis & Laurie Owens tract, the northeast corner of the Jerome A. & |
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Shirley A. Rittimann tract recorded in Volume 84, Page 31, Deed |
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Records, Kendall County, Texas; |
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THENCE continuing along a south boundary line of the herein |
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described tract with a fence, along the north boundary line of said |
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Jerome A. & Shirley A. Rittimann tract, South 89 degrees 53 minutes |
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37 seconds West for a distance of 815.19 feet to a 1/2" rebar with |
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plastic cap "MDS SURVEY" set for a southwest corner, the northwest |
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corner of said Jerome A. & Shirley A. Rittimann tract, located on |
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the east boundary line of the Janette L. Carpenter tract recorded in |
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Volume 228, Page 403, Official Records, Kendall County, Texas; |
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THENCE along the east boundary line of said Janette L. Carpenter |
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tract, a west boundary line of the herein described tract with a |
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fence North 00 degrees 46 minutes 28 seconds East for a distance of |
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326.92 feet to a 1/2" rebar found for an angle point at a fence tee, |
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the northeast corner of said Janette L. Carpenter tract, a |
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southeast corner of the L. D. Christianson tract recorded in Volume |
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603, Page 310, Official Records, Kendall County, Texas; |
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THENCE continuing along a west boundary line of the herein |
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described tract with a fence, an east boundary line of the L. D. |
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Christianson tract North 00 degrees 26 minutes 30 seconds East for a |
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distance of 1781.96 feet to a 1/2" rebar found for an angle point at |
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a fence tee, the northeast corner of said L. D. Christianson tract, |
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the southeast corner of the John T. & Kay E. Thornton tract recorded |
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in Volume 351, Page 889, Official Records, Kendall County, Texas |
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(R4); |
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THENCE continuing along a west boundary line of the herein |
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described tract, the east boundary line of said John T. & Kay E. |
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Thornton tract North 00 degrees 41 minutes 07 seconds East for a |
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distance of 1391.18 feet (North 00 degrees 54 minutes East, 1388.15 |
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feet, R4) to a 1/2" rebar with plastic cap "MDS SURVEY" set for an |
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angle point at a fence tee, the northeast corner of said John T. & |
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Kay E. Thornton tract, the southeast corner of the Boerne L. P. |
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tract recorded in Volume 459, Page 754, Official Records, Kendall |
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County, Texas; |
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THENCE continuing along a west boundary line of the herein |
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described tract with a fence, the east boundary line of said Boerne |
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L. P. tract North 00 degrees 43 minutes 31 seconds East for a |
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distance of 426.30 feet to a 1/2" rebar with plastic cap "MDS |
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SURVEY" set for a northwest corner, the southwest corner of the |
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Weloka Ltd. tract recorded Volume 950, Page 485, Official Records, |
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Kendall County, Texas (R5); |
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THENCE departing from a fence line, along the south boundary line of |
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said Weloka Ltd. tract, a north boundary line of the herein |
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described tract South 89 degrees 55 minutes 06 seconds East for a |
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distance of 20.00 feet (South 89 degrees 35 minutes 43 seconds East, |
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20.00 feet, R5) to a 1/2" rebar with plastic cap "MDS SURVEY" set |
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for an interior corner, the southeast corner of said Weloka Ltd. |
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tract; |
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THENCE along the east boundary line of said Weloka Ltd. tract, a |
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west boundary line of the herein described tract North 00 degrees 43 |
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minutes 31 seconds East for a distance of 634.96 feet (North 00 |
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degrees 01 minutes 00 seconds East, 634.96 feet, R5) to a 1/2" rebar |
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with plastic cap "MDS SURVEY" set for an angle point, being the |
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northeast corner of said Weloka Ltd tract, the southwest corner of a |
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0.291 acre tract recorded in Volume 950, Page 489, Official |
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Records, Kendall County, Texas (R6), said 0.291 acre tract being a |
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portion out of a 547.0 acre tract recorded in Volume 684, Page 614, |
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Official Records, Kendall County, Texas; |
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THENCE along the west boundary line of said 0.291 acre tract, a west |
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boundary line of the herein described tract North 01 degrees 14 |
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minutes 33 seconds West for a distance of 8.04 feet (North 00 |
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degrees 55 minutes 10 seconds West, 8.04 feet, R6) to a 1/2" rebar |
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with plastic cap "MDS SURVEY" set for a northwest corner, being the |
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northwest corner of said 0.291 acre tract; |
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THENCE along the north boundary line of said 0.291 acre tract, a |
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north boundary line of the herein described tract South 89 degrees |
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57 minutes 07 seconds East for a distance of 1579.92 feet (South 89 |
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degrees 37 minutes 44 seconds East, 1579.92 feet, R6) to a 1/2" |
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rebar with plastic cap "MDS SURVEY" set for a northeast corner, |
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being the northeast corner of said 0.291 acre tract; |
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THENCE along the east boundary line of said 0.291 acre tract, an |
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east boundary line of the herein described tract South 00 degrees 02 |
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minutes 53 seconds West for a distance of 8.04 feet (South 00 |
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degrees 22 minutes 16 seconds West, 8.04 feet, R6) to a 1/2" rebar |
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with plastic cap "MDS SURVEY" set for an interior corner, being the |
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southeast corner of said 0.291 acre tract, from which a 1/2" rebar |
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with no identification bears North 89 degrees 57 minutes 39 seconds |
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West for a distance of 21.60 feet; |
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THENCE along the south boundary line of said 547.0 acre tract, a |
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north boundary line of the herein described tract with a fence South |
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89 degrees 57 minutes 39 seconds East for a distance of 447.46 feet |
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to a 1/2" rebar with plastic cap "MDS SURVEY" set for a northeast |
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corner at a fence tee, the northwest corner of the Leroy & Lula Bell |
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Rittimann et al recorded in Volume 63, Page 300, Deed Records, |
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Kendall County, Texas; |
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THENCE along the west boundary line of said Rittimann tract, an east |
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boundary line of the herein described tract with a fence South 00 |
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degrees 42 minutes 55 seconds West for a distance of 5826.77 feet |
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(South, 5786.40 feet, R1) to a 1/2" rebar with plastic cap "MDS |
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SURVEY" set for the southeast corner, the southwest corner of said |
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Rittimann tract, located in the north right-of-way line of State |
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Highway No. 46; |
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THENCE along the north right-of-way line of State Highway No. 46, a |
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south boundary line of the herein described tract with a fence North |
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89 degrees 35 minutes 23 seconds West for a distance of 641.95 feet |
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to the POINT OF BEGINNING. |
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CONTAINING 232.965 acres, more or less. |
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TRACT TWO: |
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BEING a 210.136 acre tract of land out of the Juan Ortiz Survey No. |
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190, Abstract No. 363, Kendall County, Texas, said 210.136 acre |
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tract being that certain 210.2 acre tract recorded in Volume 668, |
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Page 63, Official Records (R1), Kendall County, Texas, said 210.136 |
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acre tract being more particularly described by metes and bounds as |
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follows: |
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BEGINNING at a 1/2" rebar with plastic cap "PAPE DAWSON" found for |
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the southwest corner of the herein described tract, the southeast |
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corner of the J.A. Schmidt Testamentary Trust tract recorded in |
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Volume 340, Page 178, Official Records, Kendall County, Texas, |
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located on the northern ROW line of State Highway No. 46 (100' |
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right-of-way), from which a TxDOT concrete ROW monument found for |
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reference has a chord bearing of South 61 degrees 34 minutes 32 |
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seconds West with a chord distance of 127.22 feet; |
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THENCE along a west boundary line of the herein described tract, the |
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east boundary line of said J.A. Schmidt tract with a fence the |
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following bearings and distances: |
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North 00 degrees 15 minutes 24 seconds East for a distance of |
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1178.31 feet (North 00 degrees 15 minutes 21 seconds East, 1178.50 |
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feet, R1) to a 1/2" rebar with plastic cap "PAPE DAWSON" found for |
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angle; |
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North 00 degrees 05 minutes 29 seconds East for a distance of |
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2407.20 feet (North 00 degrees 05 minutes 26 seconds East, 2407.63 |
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feet, R1) to a 1/2" rebar with plastic cap "PAPE DAWSON" found for |
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angle; |
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North 00 degrees 08 minutes 41 seconds East for a distance of 352.90 |
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feet (North 00 degrees 08 minutes 37 seconds East, 352.56 feet, R1) |
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to a 1/2" rebar with no identification found for an interior corner, |
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the northeast corner of said J.A. Schmidt tract; |
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THENCE along a south boundary line of the herein described tract, |
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the north boundary line of said J.A. Schmidt tract with a fence |
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North 89 degrees 53 minutes 15 seconds West for a distance of |
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1495.54 feet (North 89 degrees 52 minutes 23 seconds West, 1495.87 |
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feet, R1) to a 1/2" rebar with no identification found for angle, a |
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northeast corner of the Cliff & Rhonda Wheeler recorded in Volume |
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625, Page 155, Official Records, Kendall County, Texas; |
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THENCE along a southwestern boundary line of the herein described |
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tract, the northeastern boundary line of said Cliff & Rhonda |
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Wheeler tract with a high game fence the following bearings and |
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distances: |
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North 73 degrees 58 minutes 36 seconds West for a distance of 320.03 |
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feet (North 73 degrees 58 minutes 40 seconds West, 320.00 feet, R1) |
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to a 1/2" rebar with no identification found for a southwest corner; |
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North 00 degrees 05 minutes 56 seconds West for a distance of |
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1168.00 feet (North 00 degrees 06 minutes 03 seconds West, 1168.25 |
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feet, R1) to a 1/2" rebar with plastic cap "PAPE DAWSON" found for |
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an interior corner; |
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North 86 degrees 44 minutes 51 seconds West for a distance of |
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1053.11 feet (North 86 degrees 44 minutes 58 seconds West, 1053.23 |
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feet, R1) to a 1/2" rebar with plastic cap "PAPE DAWSON" found for a |
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southwest corner, the southeast corner of the Weloka Ltd. tract |
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recorded in Volume 668, Page 94, Official Records, Kendall County, |
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Texas; |
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THENCE along a west boundary line of the herein described tract, the |
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east boundary line of said Weloka Ltd. tract with a fence the |
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following bearings and distances: |
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North 18 degrees 08 minutes 55 seconds West for a distance of 642.04 |
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feet (North 18 degrees 08 minutes 11 seconds West, 642.19 feet, R1) |
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to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle; |
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North 00 degrees 26 minutes 21 seconds East for a distance of |
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2204.34 feet (North 00 degrees 26 minutes 12 seconds East, 2204.56 |
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feet, R1) to a 1/2" rebar with plastic cap "PAPE DAWSON" found for |
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the northwest corner, the northeast corner of said Weloka Ltd. |
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tract, located on the south boundary line of the Theodore C. Jr., & |
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Doris Eloise Lemm Estate recorded in Volume 76, Page 249, Deed |
|
Records, Kendall County, Texas; |
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THENCE along a north boundary line of the herein described tract, |
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the south boundary line of said Lemm Estate tract, a south boundary |
|
line of the Harvey Duennenberg Ranches, Ltd. tract recorded in |
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Volume 179, Page 611 and Volume 173, Page 47, Deed Records, Kendall |
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County, Texas, with a fence the following bearings and distances: |
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South 89 degrees 19 minutes 35 seconds East for a distance of 844.89 |
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feet (South 89 degrees 20 minutes 08 seconds East, 844.99 feet, R1) |
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to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle; |
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South 89 degrees 29 minutes 58 seconds East for a distance of 469.33 |
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feet (South 89 degrees 30 minutes 15 seconds East, 469.51 feet, R1) |
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to a 1/2" rebar with plastic cap "PAPE DAWSON" found for a northeast |
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corner, an interior corner of said Harvey Duennenberg Ranches, Ltd. |
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tract; |
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THENCE along the eastern boundary line of the herein described |
|
tract, a western boundary line of said Harvey Duennenberg Ranches, |
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Ltd. tract with a fence the following bearings and distances: |
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South 00 degrees 19 minutes 48 seconds East for a distance of 787.36 |
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feet (South 00 degrees 19 minutes 38 seconds East, 787.52 feet, R1) |
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to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle; |
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South 00 degrees 38 minutes 29 seconds East for a distance of 485.86 |
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feet (South 00 degrees 38 minutes 34 seconds East, 485.15 feet, R1) |
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to a 1/2" rebar with no identification found for an interior corner; |
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a southwest corner of said Harvey Duennenberg Ranches, Ltd. tract; |
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North 87 degrees 31 minutes 13 seconds East for a distance of 666.88 |
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feet (North 87 degrees 29 minutes 41 seconds East, 666.97 feet, R1) |
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to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle; |
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North 87 degrees 36 minutes 02 seconds East for a distance of |
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1105.74 feet (North 87 degrees 33 minutes 14 seconds East, 1103.00 |
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feet, R1) to a 1/2" rebar with no identification found for a |
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northeast corner, an interior corner of said Harvey Duennenberg |
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Ranches, Ltd. tract; |
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South 00 degrees 01 minute 13 seconds West for a distance of 1502.01 |
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feet (South 00 degrees 05 minutes 37 seconds East, 1503.14 feet, R1) |
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to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle; |
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South 00 degrees 07 minutes 05 seconds East for a distance of 990.97 |
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feet (South 00 degrees 06 minutes 50 seconds East, 991.12 feet, R1) |
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to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle; |
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South 00 degrees 09 minutes 39 seconds East for a distance of 780.53 |
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feet (South 00 degrees 09 minutes 25 seconds East, 780.75 feet, R1) |
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to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle; |
|
South 00 degrees 04 minutes 57 seconds West for a distance of |
|
2407.19 feet (South 00 degrees 05 minutes 08 seconds West, 2407.58 |
|
feet, R1) to a 1/2" rebar with plastic cap "SCHWARZ" found for |
|
angle; |
|
South 00 degrees 16 minutes 14 seconds West for a distance of |
|
1149.03 feet (South 00 degrees 15 minutes 57 seconds West, 1149.16 |
|
feet, R1) to a 1/2" rebar with plastic cap "SCHWARZ" found for the |
|
southeast corner, the southwest corner of said Harvey Duennenberg |
|
Ranches, Ltd. tract, located on the northern ROW line of State |
|
Highway No. 46; |
|
THENCE along a south boundary line of the herein described tract, |
|
the northern ROW line of said State Highway No. 46 southwesterly |
|
along a curve to the left (radius = 2914.80 feet, delta = 1°19'27", |
|
chord bearing = South 63 degrees 31 minutes 58 seconds West, chord = |
|
67.36 feet) for a distance of 67.36 feet (67.24, R1) to the POINT OF |
|
BEGINNING. |
|
CONTAINING 210.136 acres, more or less. |
|
TRACT THREE: |
|
BEING a 800.258 acre tract (801.071 acres, record) of land out of |
|
the Juan Ortiz Survey No. 190, Abstract No. 363, Kendall County, |
|
Texas, said 800.258 acre tract being comprised of the following |
|
tracts: |
|
Tract 1 - 199.63 acre tract recorded in Volume 282, Page 149, |
|
Official Records (R3); |
|
Tract 2 - 3.37 acre tract recorded in Volume 632, Page 676, |
|
Official Records; |
|
Tract 3 - 547.0 acre tract recorded in Volume 684, Page 614, |
|
Official Records (R1); |
|
Tract 4 - 0.291 acre tract recorded in Volume 950, Page 485, |
|
Official Records (R2); |
|
Tract 5 - 50.48 acre tract recorded in Volume 668, Page 94, |
|
Official Records (R4); |
|
all tracts located in Kendall County, Texas, said 800.258 acre |
|
tract being more particularly described by metes and bounds as |
|
follows: |
|
BEGINNING at a TxDOT concrete ROW monument on the northern ROW line |
|
of State Highway No. 46 (100' right-of-way), found for a southwest |
|
corner of the herein described tract, the southeast corner of the |
|
Leroy & Lula Bell Rittimann et al tract recorded in Volume 347, Page |
|
746, Official Records, and described in Volume 63, Page 300, Deed |
|
Records, from which a TxDOT concrete ROW monument found for |
|
reference bears North 75 degrees 28 minutes 23 seconds East for a |
|
distance of 137.14 feet (North 75 degrees 50 minutes 23 seconds |
|
East, 137.32 feet, R1); |
|
THENCE along a west boundary line of the herein described tract, the |
|
east boundary line of said Rittimann tract with a fence North 00 |
|
degrees 34 minutes 51 seconds East for a distance of 5289.20 feet |
|
(North 00 degrees 50 minutes 52 seconds East, 1393.92 feet; North 00 |
|
degrees 55 minutes 44 seconds East, 3380.40 feet; North 00 degrees |
|
44 minutes 16 seconds East, 516.29 feet, R1) to a 1/2" rebar found |
|
for an interior corner of the herein described tract, the northeast |
|
corner of said Rittimann tract; |
|
THENCE along a south boundary line of the herein described tract, |
|
the north boundary line of said Rittimann tract with a fence North |
|
89 degrees 59 minutes 36 seconds West for a distance of 1750.01 feet |
|
to a 1/2" rebar with plastic cap "MDS SURVEY" found for angle, the |
|
northwest corner of said Rittimann tract and the northeast corner |
|
of the Elgin G. Schwarz & Jason Curt Schwarz tract recorded in |
|
Volume 663, Page 590, Official Records; |
|
THENCE continuing along a southern boundary line of the herein |
|
described tract, the north and west boundary lines of said Schwarz |
|
tract the following bearings and distances: |
|
North 89 degrees 57 minutes 39 seconds West for a distance of 447.46 |
|
feet with a fence to a 1/2" rebar with plastic cap "MDS SURVEY" |
|
found for corner; |
|
North 00 degrees 02 minutes 53 seconds East for a distance of 8.04 |
|
feet (North 00 degrees 22 minutes 16 seconds East, 8.04 feet as |
|
recorded in Volume 950, Page 489, Official Records, R6) to a 1/2" |
|
rebar with plastic cap "MDS SURVEY" found for corner; |
|
North 89 degrees 57 minutes 07 seconds West for a distance of |
|
1579.92 feet (North 89 degrees 37 minutes 44 seconds West, 1579.92 |
|
feet, R6) to a 1/2" rebar with plastic cap "MDS SURVEY" found for |
|
corner; |
|
South 01 degrees 14 minutes 33 seconds East for a distance of 8.04 |
|
feet (South 00 degrees 55 minutes 10 seconds East, 8.04 feet, R6) to |
|
a 1/2" rebar with plastic cap "MDS SURVEY" found for angle, the |
|
northeast corner of said Tract 4; |
|
South 00 degrees 43 minutes 31 seconds West for a distance of 634.96 |
|
feet (South 00 degrees 01 minutes 00 seconds West, 634.96 feet, R2) |
|
to a 1/2" rebar with plastic cap "MDS SURVEY" found for corner; the |
|
southeast corner of said Tract 4; |
|
North 89 degrees 55 minutes 06 seconds West for a distance of 20.00 |
|
feet (North 89 degrees 35 minutes 43 seconds West, 20.00 feet, R2) |
|
to a 1/2" rebar with plastic cap "MDS SURVEY" found for corner, |
|
located on the east boundary line of the Boerne L.P. tract recorded |
|
in Volume 459, Page 754, Official Records; |
|
THENCE along a west boundary line of the herein described tract, the |
|
east boundary line of said Boerne L.P. tract with a fence North 00 |
|
degrees 43 minutes 31 seconds East for a distance of 634.95 feet |
|
(North 00 degrees 01 minutes 00 seconds East, 634.94 feet, R2) to a |
|
1/2" rebar found for angle, a southwest corner of said Tract 3; |
|
THENCE continuing along a west boundary line of the herein |
|
described tract, the east boundary line of said Boerne L.P. tract, |
|
the east boundary line of the James L. Drought tract recorded in |
|
Volume 129, Page 785, Deed Records, and the east boundary line of |
|
the Carolyn Drought Evans tract recorded in Volume 129, Page 785, |
|
Deed Records with a fence North 00 degrees 35 minutes 51 seconds |
|
East for a distance of 1759.02 feet (North 00 degrees 55 minutes 10 |
|
seconds East, 1760.32 feet, R1) to a 1/2" rebar found for corner, a |
|
northwest corner of said Tract 3, the southwest corner of the Spring |
|
Creek Estates Subdivision (southwest corner of Lot 22) recorded in |
|
Volume 4, Page 59, Plat Records (R7); |
|
THENCE along northern and western boundary lines of the herein |
|
described tract, southern and eastern boundary lines of said Spring |
|
Creek Estates Subdivision with a fence the following bearings and |
|
distances: |
|
South 87 degrees 41 minutes 53 seconds East for a distance of |
|
1002.01 feet (South 87 degrees 40 minutes 07 seconds East, 1002.92 |
|
feet, R7) to a 1/2" rebar found for corner; |
|
North 00 degrees 27 minutes 04 seconds East for a distance of 916.09 |
|
feet (North 00 degrees 23 minutes 29 seconds East, 916.76 feet, R7) |
|
to a 1/2" rebar found for corner; |
|
North 89 degrees 44 minutes 12 seconds East for a distance of 814.56 |
|
feet (North 89 degrees 47 minutes 14 seconds East, 815.24 feet, R7) |
|
to a 1/2" rebar found for corner; |
|
North 13 degrees 52 minutes 33 seconds East for a distance of |
|
1098.98 feet (North 14 degrees 12 minutes 54 seconds East, 1097.38 |
|
feet, R1) to a 1/2" rebar with plastic cap "MDS SURVEY" found for |
|
angle; |
|
North 14 degrees 07 minutes 58 seconds East for a distance of |
|
1155.79 feet (North 14 degrees 28 minutes 03 seconds East, 1155.74 |
|
feet, R1) to a 1/2" rebar with plastic cap "MDS SURVEY" found for |
|
angle; |
|
North 14 degrees 14 minutes 51 seconds East for a distance of |
|
1085.72 feet (North 14 degrees 38 minutes 21 seconds East, 1087.79 |
|
feet, R1) to a MAG nail set for a northwest corner, located on the |
|
south boundary line of the Betty J. Asher tract recorded in Volume |
|
286, Page 734, Official Records; |
|
THENCE along a north boundary line of the herein described tract, |
|
the south boundary line of said Betty J. Asher tract with a fence |
|
South 89 degrees 38 minutes 28 seconds East for a distance of 620.28 |
|
feet (South 89 degrees 21 minutes 26 seconds East, 388.82 feet, and |
|
South 88 degrees 59 minutes 21 seconds East, 229.97 feet, R1) to a |
|
1/2" rebar with plastic cap "SCHWARZ 4760" found for angle, a |
|
northeast corner of said Tract 3, the northwest corner of said Tract |
|
1; |
|
THENCE continuing along a north boundary line of the herein |
|
described tract, the south boundary line of said Betty J. Asher |
|
tract and the south boundary line of the Theodore C, Jr. & Doris |
|
Eloise Lemm Estate tract recorded in Volume 76, Page 249, Deed |
|
Records, with a fence South 89 degrees 21 minutes 42 seconds East |
|
for a distance of 2029.17 feet to a 1/2" rebar with plastic cap "MDS |
|
SURVEY" set for angle, the northeast corner of said Tract 1, the |
|
northwest corner of said Tract 5; |
|
THENCE continuing along a north boundary line of the herein |
|
described tract, the south boundary line of said Lemm Estate tract |
|
with a fence South 89 degrees 27 minutes 16 seconds East for a |
|
distance of 751.17 feet (South 89 degrees 26 minutes 26 seconds |
|
East, 749.24 feet, R4) to a 1/2" rebar with plastic cap "PAPE |
|
DAWSON" found for the northeast corner of the herein described |
|
tract, the northwest corner of the Esperanza Properties LP tract |
|
recorded in Volume 668, Page 63, Official Records; |
|
THENCE along an east boundary line of the herein described tract, a |
|
west boundary line of said Esperanza Properties LP tract South 00 |
|
degrees 26 minutes 21 seconds West for a distance of 2204.34 feet |
|
(South 00 degrees 27 minutes 24 seconds West, 2204.56 feet, R4) to a |
|
1/2" rebar with plastic cap "PAPE DAWSON" found for angle at a fence |
|
"T"; |
|
THENCE continuing along an east boundary line of the herein |
|
described tract, a west boundary line of said Esperanza Properties |
|
LP tract with a fence South 18 degrees 08 minutes 55 seconds East |
|
for a distance of 642.04 feet (South 18 degrees 06 minutes 59 |
|
seconds East, 642.19 feet, R4) to a 1/2" rebar with plastic cap |
|
"PAPE DAWSON" found for a southeast corner, located on a north line |
|
of the Cliff & Rhonda Wheeler tract recorded in Volume 625, Page |
|
155, Official Records (R5); |
|
THENCE along a south boundary line of the herein described tract, a |
|
north boundary line of said Wheeler tract with a fence North 86 |
|
degrees 44 minutes 40 seconds West for a distance of 991.48 feet |
|
(North 86 degrees 43 minutes 46 seconds West, 991.62 feet, R4) to a |
|
1/2" rebar with plastic cap "SCHWARZ 4760" found for an interior |
|
corner, the northwest corner of said Wheeler tract; |
|
THENCE along an east boundary line of the herein described tract, |
|
the west boundary line of said Wheeler tract with a fence South 01 |
|
degrees 16 minutes 18 seconds West for a distance of 435.03 feet |
|
(South 01 degrees 32 minutes 42 seconds West, 453.03 feet, R5) to a |
|
1/2" rebar with plastic cap "MDS SURVEY" set for an angle; |
|
THENCE continuing along an east boundary line of the herein |
|
described tract, the west boundary line of said Wheeler tract with a |
|
fence South 10 degrees 32 minutes 50 seconds East for a distance of |
|
4710.56 feet (South 10 degrees 16 minutes 26 seconds East, 4712.92 |
|
feet, R5) to a 1/2" rebar found for an angle; |
|
THENCE continuing along an east boundary line of the herein |
|
described tract, the west boundary line of said Wheeler tract with a |
|
fence South 32 degrees 09 minutes 15 seconds East for a distance of |
|
1695.14 feet (South 31 degrees 57 minutes 19 seconds East, 1695.40 |
|
feet, R1) to a 1/2" rebar with plastic cap "MDS SURVEY" set for a |
|
southeast corner, located on the northern ROW line of State Highway |
|
No. 46, from which a found TxDOT concrete ROW monument bears North |
|
60 degrees 11 minutes 14 seconds East for a distance of 3.17 feet; |
|
THENCE along a south boundary line of the herein described tract, |
|
along the northern ROW line of State Highway No. 46 South 60 degrees |
|
13 minutes 33 seconds West for a distance of 197.86 feet (South 60 |
|
degrees 34 minutes 00 seconds West, 200.00 feet, R1) to a 1/2" rebar |
|
found for a southwest corner, the southeast corner of the Pauline R. |
|
Mutchler (Trustee) tract recorded in Volume 691, Page 526, Official |
|
Records; |
|
THENCE departing from the northern ROW line of State Highway No. 46, |
|
along a western, southern, and eastern boundary line of the herein |
|
described tract, the east, north, and west boundary line of said |
|
Mutchler tract with a fence the following bearings and distances: |
|
North 32 degrees 17 minutes 25 seconds West for a distance of |
|
1285.59 feet (North 31 degrees 57 minutes 58 seconds West, 777.22 |
|
feet; North 31 degrees 19 minutes 32 seconds West, 118.94 feet; |
|
North 32 degrees 07 minutes 34 seconds West, 389.84 feet, R1) to a |
|
1/2" rebar found for corner; |
|
North 89 degrees 30 minutes 12 seconds West for a distance of |
|
1127.02 feet (North 89 degrees 10 minutes 00 seconds West, 1128.12 |
|
feet, R1) to a 1/2" rebar found for corner; |
|
South 12 degrees 53 minutes 22 seconds East for a distance of |
|
1991.10 feet (South 12 degrees 32 minutes 46 seconds East, 1088.61 |
|
feet; South 12 degrees 37 minutes 08 seconds East, 903.93 feet, R1) |
|
to a 1/2" rebar with plastic cap "MDS SURVEY" set for corner, a |
|
southwest corner of said Mutchler tract, located on the northern |
|
ROW line of State Highway No. 46; |
|
THENCE along a south boundary line of the herein described tract, |
|
along the northern ROW line of State Highway No. 46 the following |
|
bearings and distances: |
|
South 53 degrees 09 minutes 03 seconds West for a distance of 638.48 |
|
feet (South 53 degrees 31 minutes 31 seconds West, 638.31 feet, R1) |
|
to a TxDOT concrete ROW monument found for angle; |
|
Southwesterly along a curve to the right (radius = 2243.32 feet, |
|
delta = 11°31'04", chord bearing = South 59 degrees 53 minutes 04 |
|
seconds West, chord = 450.20 feet) for a distance of 450.96 feet |
|
(451.44, R1) to a TxDOT concrete ROW monument found for angle; |
|
South 64 degrees 38 minutes 48 seconds West for a distance of 393.24 |
|
feet (South 64 degrees 59 minutes 15 seconds West, 393.10 feet, R1) |
|
to a TxDOT concrete ROW monument found for angle; |
|
Southwesterly along a curve to the right (radius = 1860.33 feet, |
|
delta = 10°50'04", chord bearing = South 69 degrees 36 minutes 57 |
|
seconds West, chord = 351.26 feet) for a distance of 351.78 feet |
|
(351.75, R1) to a TxDOT concrete ROW monument found for angle; |
|
South 75 degrees 28 minutes 23 seconds West for a distance of 137.14 |
|
feet (South 75 degrees 50 minutes 23 seconds West, 137.32 feet, R1) |
|
to the POINT OF BEGINNING. |
|
CONTAINING 800.258 acres, more or less. |
|
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 hereby certify that S.B. No. 1245 passed the Senate on |
|
May 1, 2007, by the following vote: Yeas 31, Nays 0; and that the |
|
Senate concurred in House amendment on May 25, 2007, by the |
|
following vote: Yeas 30, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1245 passed the House, with |
|
amendment, on May 23, 2007, by the following vote: Yeas 144, |
|
Nays 0, two present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |