S.B. No. 1245

	AN ACT
	relating to the creation of Kendall County Water Control and
	Improvement District No. 2; 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 I, Title 6, Special District Local Laws
	Code, is amended by adding Chapter 9022 to read as follows:
	CHAPTER 9022. KENDALL COUNTY WATER CONTROL AND IMPROVEMENT
	DISTRICT NO. 2
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 9022.001.  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 Kendall County Water Control and
	Improvement District No. 2.
	Sec. 9022.002.  NATURE OF DISTRICT. The district is a water
	control and improvement district in Kendall County created under
	and essential to accomplish the purposes of Section 59, Article
	XVI, Texas Constitution.
	Sec. 9022.003.  CONFIRMATION ELECTION REQUIRED. If the
	creation of the district is not confirmed at a confirmation
	election held under Section 9022.023 before September 1, 2011:
	(1)  the district is dissolved September 1, 2011,
	except that:
	(A)  any debts incurred shall be paid;
	(B)  any assets that remain after the payment of
	debts shall be transferred to Kendall 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, 2014.
	Sec. 9022.004.  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 9022.005-9022.020 reserved for expansion]
	SUBCHAPTER A-1. TEMPORARY PROVISIONS
	Sec. 9022.021.  INITIAL DIRECTORS. (a)   The initial board
	consists of:
	(1)  Steve Mack;
	(2)  Matthew Diana;
	(3)  Glen Boehm;
	(4)  Jamie D'Spain; and
	(5)  Phillip Bell.
	(b)  Notwithstanding Section 9022.051(b), the terms of the
	first three directors named in Subsection (a) expire on the uniform
	election date in November of the first even-numbered year after the
	year in which the creation of the district is confirmed at an
	election held under Section 9022.023, and the terms of the last two
	directors named in Subsection (a) expire on the uniform election
	date in November of the next even-numbered year.
	Sec. 9022.022.  CONSENT OF MUNICIPALITY REQUIRED. The
	initial directors may not hold an election under Section 9022.023
	until each municipality in whose corporate limits or
	extraterritorial jurisdiction the district is located has received
	a petition seeking municipal consent to the creation of the
	district and has adopted a resolution providing that consent.
	Sec. 9022.023.  CONFIRMATION ELECTION. The initial
	directors shall hold an election to confirm the creation of the
	district.
	Sec. 9022.024.  EXPIRATION OF SUBCHAPTER. This subchapter
	expires September 1, 2014.
	[Sections 9022.025-9022.050 reserved for expansion]
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec. 9022.051.  DIRECTORS; TERMS. (a)  The district is
	governed by a board of five directors.
	(b)  Directors serve staggered four-year terms.
	Sec. 9022.052.  ELECTION OF DIRECTORS. Notwithstanding
	Section 49.103(b), Water Code, on the uniform election date in
	November of each even-numbered year, the appropriate number of
	directors shall be elected.
	[Sections 9022.053-9022.100 reserved for expansion]
	SUBCHAPTER C.  POWERS AND DUTIES
	Sec. 9022.101.  WATER CONTROL AND IMPROVEMENT DISTRICT
	POWERS AND DUTIES. The district has the powers and duties provided
	by the general law of this state, including Chapters 49 and 51,
	Water Code, applicable to water control and improvement districts
	created under Section 59, Article XVI, Texas Constitution.
	Sec. 9022.102.  ROAD PROJECTS. (a)  To the extent
	authorized by Section 52, Article III, Texas Constitution, the
	district may:
	(1)  construct, acquire, improve, maintain, or operate
	macadamized, graveled, or paved roads, or improvements in aid of
	those roads, inside the district; and
	(2)  improve or maintain roads, or improvements in aid
	of those roads, outside the district.
	(b)  A road project must meet all applicable construction
	standards, zoning and subdivision requirements, and regulatory
	ordinances of the municipality in whose corporate limits or
	extraterritorial jurisdiction the district is located.  If the
	district is located outside the extraterritorial jurisdiction of a
	municipality, a road project must meet all applicable construction
	standards, zoning and subdivision requirements, and regulatory
	ordinances of the county in which the district is located.
	(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.
	Sec. 9022.103.  DIVISION OF DISTRICT.  (a)  The district may
	divide 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. Sections 51.748 through 51.753, Water
	Code, do not apply to the district.
	(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
	outside the area described by Section 2 of the Act creating this
	chapter.
	Sec. 9022.104.  DISSOLUTION OF DISTRICT.
	(a)  Notwithstanding Section 43.0751, Local Government Code, or
	any other general law, before December 31, 2017, the district may
	not be dissolved unless the dissolution is approved by:
	(1)  the board; and
	(2)  the governing body of each municipality in whose
	corporate limits or extraterritorial jurisdiction the district is
	located.
	(b)  This section expires December 31, 2017.
	Sec. 9022.105.  LIMIT ON EMINENT DOMAIN POWER. The district
	may exercise the power of eminent domain outside the district only
	to acquire an easement necessary for belowground water, sewer,
	storm water, or drainage pipelines that serve the district.
	[Sections 9022.106-9022.150 reserved for expansion]
	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
	Sec. 9022.151.  TAX TO REPAY BONDS.  The district may impose
	a tax to pay the principal of and interest on bonds issued under
	Section 9022.201.
	[Sections 9022.152-9022.200 reserved for expansion]
	SUBCHAPTER E.  BONDS
	Sec. 9022.201.  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 9022.101 or 9022.102.
	(b)  The district may not issue bonds authorized by Section
	9022.102 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 9022.102 may not exceed one-fourth
	of the assessed value of the real property in the district.
	SECTION 2.  Kendall County Water Control and Improvement
	District No. 2 initially includes all the territory contained in
	the following described area:
	TRACT ONE:
	BEING a 232.965 acre tract of land out of the Juan Ortiz Survey No.
	190, Abstract No. 363, Kendall County, Texas, said 232.965 acre
	tract being comprised of a 232.674 acre tract out of a 232.965 acre
	tract (230.65 acre tract, record) recorded in Volume 663, Pages
	590, Official Records (R1), and a 0.291 acre tract (0.2915 acre
	tract, record) recorded in Volume 950, Page 489, Official Records,
	Kendall County, Texas, said 232.965 acre tract being more
	particularly described by metes and as follows:
	BEGINNING at a 1/2" rebar found for a southwest corner of the herein
	described tract, the southeast corner of the David E. & Dafana J.
	Ebner tract recorded in Volume 582, Page 201, Official Records,
	Kendall County, Texas (R2), located in the north right-of-way line
	of State Highway No. 46 (100' right-of-way), from which a found
	TxDOT concrete ROW marker bears North 89 degrees 35 minutes 23
	seconds West for a distance of 27.86 feet (North 89 degrees 14
	minutes 15 seconds West, 27.85 feet, R2) and from which another
	found TxDOT concrete ROW marker bears South 89 degrees 35 minutes 23
	seconds East for a distance of 856.87 feet;
	THENCE departing the north right-of-way line of State Highway No.
	46, along the east boundary line of the said David E. & Dafana J.
	Ebner tract, along a west boundary line of the herein described
	tract with a fence for the following bearings and distances:
	North 00 degrees 14 minutes 02 seconds West for a distance of 637.70
	feet (North 01 degrees 20 minutes 00 seconds West, 637.70 feet, R1)
	to a 1/2" rebar with plastic cap "MDS SURVEY" set for an angle
	point;
	North 00 degrees 18 minutes 23 seconds West for a distance of 626.72
	feet (North 01 degrees 21 minutes 00 seconds West, 515.00 feet &
	North 01 degrees 14 minutes 00 seconds West, 112.80 feet, R1) to a
	1/2" rebar with plastic cap "MDS SURVEY" set for an interior corner
	next to steel fence post, being the northeast corner of said David
	E. & Dafana J. Ebner tract;
	THENCE along the north boundary line of said David E. & Dafana J.
	Ebner tract, a south boundary line of the herein described tract
	with a fence South 89 degrees 53 minutes 22 seconds West for a
	distance of 359.62 feet (South 89 degrees 42 minutes 39 seconds
	West, 359.69 feet, R2) to a 1/2" rebar found for an angle point at a
	fence tee, the northwest corner of said David E. & Dafana J. Ebner
	tract, the northeast corner of the Dennis & Laurie Owens tract
	recorded in Volume 867, Page 990, Official Records, Kendall County,
	Texas (R3);
	THENCE continuing along a south boundary line of the herein
	described tract with a fence, along the north boundary line of said
	Dennis & Laurie Owens tract, North 89 degrees 56 minutes 56 seconds
	West for a distance of 200.01 feet (South 88 degrees 57 minutes
	West, 200.00 feet, R3) to a 1/2" rebar with plastic cap "MDS SURVEY"
	set for an angle point at a fence tee, the northwest corner of said
	Dennis & Laurie Owens tract, the northeast corner of the Jerome A. &
	Shirley A. Rittimann tract recorded in Volume 84, Page 31, Deed
	Records, Kendall County, Texas;
	THENCE continuing along a south boundary line of the herein
	described tract with a fence, along the north boundary line of said
	Jerome A. & Shirley A. Rittimann tract, South 89 degrees 53 minutes
	37 seconds West for a distance of 815.19 feet to a 1/2" rebar with
	plastic cap "MDS SURVEY" set for a southwest corner, the northwest
	corner of said Jerome A. & Shirley A. Rittimann tract, located on
	the east boundary line of the Janette L. Carpenter tract recorded in
	Volume 228, Page 403, Official Records, Kendall County, Texas;
	THENCE along the east boundary line of said Janette L. Carpenter
	tract, a west boundary line of the herein described tract with a
	fence North 00 degrees 46 minutes 28 seconds East for a distance of
	326.92 feet to a 1/2" rebar found for an angle point at a fence tee,
	the northeast corner of said Janette L. Carpenter tract, a
	southeast corner of the L. D. Christianson tract recorded in Volume
	603, Page 310, Official Records, Kendall County, Texas;
	THENCE continuing along a west boundary line of the herein
	described tract with a fence, an east boundary line of the L. D.
	Christianson tract North 00 degrees 26 minutes 30 seconds East for a
	distance of 1781.96 feet to a 1/2" rebar found for an angle point at
	a fence tee, the northeast corner of said L. D. Christianson tract,
	the southeast corner of the John T. & Kay E. Thornton tract recorded
	in Volume 351, Page 889, Official Records, Kendall County, Texas
	(R4);
	THENCE continuing along a west boundary line of the herein
	described tract, the east boundary line of said John T. & Kay E.
	Thornton tract North 00 degrees 41 minutes 07 seconds East for a
	distance of 1391.18 feet (North 00 degrees 54 minutes East, 1388.15
	feet, R4) to a 1/2" rebar with plastic cap "MDS SURVEY" set for an
	angle point at a fence tee, the northeast corner of said John T. &
	Kay E. Thornton tract, the southeast corner of the Boerne L. P.
	tract recorded in Volume 459, Page 754, Official Records, Kendall
	County, Texas;
	THENCE continuing along a west boundary line of the herein
	described tract with a fence, the east boundary line of said Boerne
	L. P. tract North 00 degrees 43 minutes 31 seconds East for a
	distance of 426.30 feet to a 1/2" rebar with plastic cap "MDS
	SURVEY" set for a northwest corner, the southwest corner of the
	Weloka Ltd. tract recorded Volume 950, Page 485, Official Records,
	Kendall County, Texas (R5);
	THENCE departing from a fence line, along the south boundary line of
	said Weloka Ltd. tract, a north boundary line of the herein
	described tract South 89 degrees 55 minutes 06 seconds East for a
	distance of 20.00 feet (South 89 degrees 35 minutes 43 seconds East,
	20.00 feet, R5) to a 1/2" rebar with plastic cap "MDS SURVEY" set
	for an interior corner, the southeast corner of said Weloka Ltd.
	tract;
	THENCE along the east boundary line of said Weloka Ltd. tract, a
	west boundary line of the herein described tract North 00 degrees 43
	minutes 31 seconds East for a distance of 634.96 feet (North 00
	degrees 01 minutes 00 seconds East, 634.96 feet, R5) to a 1/2" rebar
	with plastic cap "MDS SURVEY" set for an angle point, being the
	northeast corner of said Weloka Ltd tract, the southwest corner of a
	0.291 acre tract recorded in Volume 950, Page 489, Official
	Records, Kendall County, Texas (R6), said 0.291 acre tract being a
	portion out of a 547.0 acre tract recorded in Volume 684, Page 614,
	Official Records, Kendall County, Texas;
	THENCE along the west boundary line of said 0.291 acre tract, a west
	boundary line of the herein described tract North 01 degrees 14
	minutes 33 seconds West for a distance of 8.04 feet (North 00
	degrees 55 minutes 10 seconds West, 8.04 feet, R6) to a 1/2" rebar
	with plastic cap "MDS SURVEY" set for a northwest corner, being the
	northwest corner of said 0.291 acre tract;
	THENCE along the north boundary line of said 0.291 acre tract, a
	north boundary line of the herein described tract South 89 degrees
	57 minutes 07 seconds East for a distance of 1579.92 feet (South 89
	degrees 37 minutes 44 seconds East, 1579.92 feet, R6) to a 1/2"
	rebar with plastic cap "MDS SURVEY" set for a northeast corner,
	being the northeast corner of said 0.291 acre tract;
	THENCE along the east boundary line of said 0.291 acre tract, an
	east boundary line of the herein described tract South 00 degrees 02
	minutes 53 seconds West for a distance of 8.04 feet (South 00
	degrees 22 minutes 16 seconds West, 8.04 feet, R6) to a 1/2" rebar
	with plastic cap "MDS SURVEY" set for an interior corner, being the
	southeast corner of said 0.291 acre tract, from which a 1/2" rebar
	with no identification bears North 89 degrees 57 minutes 39 seconds
	West for a distance of 21.60 feet;
	THENCE along the south boundary line of said 547.0 acre tract, a
	north boundary line of the herein described tract with a fence South
	89 degrees 57 minutes 39 seconds East for a distance of 447.46 feet
	to a 1/2" rebar with plastic cap "MDS SURVEY" set for a northeast
	corner at a fence tee, the northwest corner of the Leroy & Lula Bell
	Rittimann et al recorded in Volume 63, Page 300, Deed Records,
	Kendall County, Texas;
	THENCE along the west boundary line of said Rittimann tract, an east
	boundary line of the herein described tract with a fence South 00
	degrees 42 minutes 55 seconds West for a distance of 5826.77 feet
	(South, 5786.40 feet, R1) to a 1/2" rebar with plastic cap "MDS
	SURVEY" set for the southeast corner, the southwest corner of said
	Rittimann tract, located in the north right-of-way line of State
	Highway No. 46;
	THENCE along the north right-of-way line of State Highway No. 46, a
	south boundary line of the herein described tract with a fence North
	89 degrees 35 minutes 23 seconds West for a distance of 641.95 feet
	to the POINT OF BEGINNING.
	CONTAINING 232.965 acres, more or less.
	TRACT TWO:
	BEING a 210.136 acre tract of land out of the Juan Ortiz Survey No.
	190, Abstract No. 363, Kendall County, Texas, said 210.136 acre
	tract being that certain 210.2 acre tract recorded in Volume 668,
	Page 63, Official Records (R1), Kendall County, Texas, said 210.136
	acre tract being more particularly described by metes and bounds as
	follows:
	BEGINNING at a 1/2" rebar with plastic cap "PAPE DAWSON" found for
	the southwest corner of the herein described tract, the southeast
	corner of the J.A. Schmidt Testamentary Trust tract recorded in
	Volume 340, Page 178, Official Records, Kendall County, Texas,
	located on the northern ROW line of State Highway No. 46 (100'
	right-of-way), from which a TxDOT concrete ROW monument found for
	reference has a chord bearing of South 61 degrees 34 minutes 32
	seconds West with a chord distance of 127.22 feet;
	THENCE along a west boundary line of the herein described tract, the
	east boundary line of said J.A. Schmidt tract with a fence the
	following bearings and distances:
	North 00 degrees 15 minutes 24 seconds East for a distance of
	1178.31 feet (North 00 degrees 15 minutes 21 seconds East, 1178.50
	feet, R1) to a 1/2" rebar with plastic cap "PAPE DAWSON" found for
	angle;
	North 00 degrees 05 minutes 29 seconds East for a distance of
	2407.20 feet (North 00 degrees 05 minutes 26 seconds East, 2407.63
	feet, R1) to a 1/2" rebar with plastic cap "PAPE DAWSON" found for
	angle;
	North 00 degrees 08 minutes 41 seconds East for a distance of 352.90
	feet (North 00 degrees 08 minutes 37 seconds East, 352.56 feet, R1)
	to a 1/2" rebar with no identification found for an interior corner,
	the northeast corner of said J.A. Schmidt tract;
	THENCE along a south boundary line of the herein described tract,
	the north boundary line of said J.A. Schmidt tract with a fence
	North 89 degrees 53 minutes 15 seconds West for a distance of
	1495.54 feet (North 89 degrees 52 minutes 23 seconds West, 1495.87
	feet, R1) to a 1/2" rebar with no identification found for angle, a
	northeast corner of the Cliff & Rhonda Wheeler recorded in Volume
	625, Page 155, Official Records, Kendall County, Texas;
	THENCE along a southwestern boundary line of the herein described
	tract, the northeastern boundary line of said Cliff & Rhonda
	Wheeler tract with a high game fence the following bearings and
	distances:
	North 73 degrees 58 minutes 36 seconds West for a distance of 320.03
	feet (North 73 degrees 58 minutes 40 seconds West, 320.00 feet, R1)
	to a 1/2" rebar with no identification found for a southwest corner;
	North 00 degrees 05 minutes 56 seconds West for a distance of
	1168.00 feet (North 00 degrees 06 minutes 03 seconds West, 1168.25
	feet, R1) to a 1/2" rebar with plastic cap "PAPE DAWSON" found for
	an interior corner;
	North 86 degrees 44 minutes 51 seconds West for a distance of
	1053.11 feet (North 86 degrees 44 minutes 58 seconds West, 1053.23
	feet, R1) to a 1/2" rebar with plastic cap "PAPE DAWSON" found for a
	southwest corner, the southeast corner of the Weloka Ltd. tract
	recorded in Volume 668, Page 94, Official Records, Kendall County,
	Texas;
	THENCE along a west boundary line of the herein described tract, the
	east boundary line of said Weloka Ltd. tract with a fence the
	following bearings and distances:
	North 18 degrees 08 minutes 55 seconds West for a distance of 642.04
	feet (North 18 degrees 08 minutes 11 seconds West, 642.19 feet, R1)
	to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle;
	North 00 degrees 26 minutes 21 seconds East for a distance of
	2204.34 feet (North 00 degrees 26 minutes 12 seconds East, 2204.56
	feet, R1) to a 1/2" rebar with plastic cap "PAPE DAWSON" found for
	the northwest corner, the northeast corner of said Weloka Ltd.
	tract, located on the south boundary line of the Theodore C. Jr., &
	Doris Eloise Lemm Estate recorded in Volume 76, Page 249, Deed
	Records, Kendall County, Texas;
	THENCE along a north boundary line of the herein described tract,
	the south boundary line of said Lemm Estate tract, a south boundary
	line of the Harvey Duennenberg Ranches, Ltd. tract recorded in
	Volume 179, Page 611 and Volume 173, Page 47, Deed Records, Kendall
	County, Texas, with a fence the following bearings and distances:
	South 89 degrees 19 minutes 35 seconds East for a distance of 844.89
	feet (South 89 degrees 20 minutes 08 seconds East, 844.99 feet, R1)
	to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle;
	South 89 degrees 29 minutes 58 seconds East for a distance of 469.33
	feet (South 89 degrees 30 minutes 15 seconds East, 469.51 feet, R1)
	to a 1/2" rebar with plastic cap "PAPE DAWSON" found for a northeast
	corner, an interior corner of said Harvey Duennenberg Ranches, Ltd.
	tract;
	THENCE along the eastern boundary line of the herein described
	tract, a western boundary line of said Harvey Duennenberg Ranches,
	Ltd. tract with a fence the following bearings and distances:
	South 00 degrees 19 minutes 48 seconds East for a distance of 787.36
	feet (South 00 degrees 19 minutes 38 seconds East, 787.52 feet, R1)
	to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle;
	South 00 degrees 38 minutes 29 seconds East for a distance of 485.86
	feet (South 00 degrees 38 minutes 34 seconds East, 485.15 feet, R1)
	to a 1/2" rebar with no identification found for an interior corner;
	a southwest corner of said Harvey Duennenberg Ranches, Ltd. tract;
	North 87 degrees 31 minutes 13 seconds East for a distance of 666.88
	feet (North 87 degrees 29 minutes 41 seconds East, 666.97 feet, R1)
	to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle;
	North 87 degrees 36 minutes 02 seconds East for a distance of
	1105.74 feet (North 87 degrees 33 minutes 14 seconds East, 1103.00
	feet, R1) to a 1/2" rebar with no identification found for a
	northeast corner, an interior corner of said Harvey Duennenberg
	Ranches, Ltd. tract;
	South 00 degrees 01 minute 13 seconds West for a distance of 1502.01
	feet (South 00 degrees 05 minutes 37 seconds East, 1503.14 feet, R1)
	to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle;
	South 00 degrees 07 minutes 05 seconds East for a distance of 990.97
	feet (South 00 degrees 06 minutes 50 seconds East, 991.12 feet, R1)
	to a 1/2" rebar with plastic cap "PAPE DAWSON" found for angle;
	South 00 degrees 09 minutes 39 seconds East for a distance of 780.53
	feet (South 00 degrees 09 minutes 25 seconds East, 780.75 feet, R1)
	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