Notice of Sale of Real Property Pursuant to
HB 3032, 81st Texas Legislature

Pursuant to House Bill 3032, 81st Texas Legislature, the following parcels of real property in the vicinity of Possum Kingdom Lake (“Captive Property To Be Sold”) are available for purchase from the Brazos River Authority (“Authority”). The property will be sold for its fair market value to qualified offerees (“Offeree(s)”). To qualify as an Offeree, a person must own in fee simple the real property adjacent to the Captive Property To Be Sold, and must provide an attorney’s opinion or other legal documentation, satisfactory to the Authority, demonstrating such ownership. Any Offeree who desires to purchase Captive Property To Be Sold must complete and submit an Application Of Intent To Purchase form to the Authority on or before February 17, 2010. The Application Of Intent To Purchase form can be found at the following link:

Application Of Intent To Purchase

Please return completed Applications to the following address:

Brazos River Authority
Attn: Matt Phillips
4600 Cobbs Drive
P.O. Box 7555
Waco, Texas 76710

The Authority will evaluate Applications upon receipt, and notify Offerees if any additional information is required to determine qualifications. Once the time period to submit an Application Of Intent To Purchase has expired, the Authority will compile a list of qualified Offerees and the respective portions of the Captive Property To Be Sold each Offeree desires to purchase, and each Offeree will be offered the opportunity to enter into a sales contract with the Authority. The Authority will make available the form of the sales contract on its website prior to February 17, 2010. Upon execution of the sales contract, the Offeree shall be responsible for obtaining a current survey, acceptable to the Authority, of the portion of the Captive Property To Be Sold that the Offeree desires to purchase. The Authority will make the final determination of the portion of the Captive Property To Be Sold that will be conveyed to each Offeree. Once such survey has been completed and approved by the Authority, the Authority will initiate the appraisal process set forth in House Bill 3032. For further information regarding this land sale, including how the land will be appraised, Offerees are encouraged to review House Bill 3032. The text of House Bill 3032 can be found at the following link:

http://www.capitol.state.tx.us/tlodocs/81R/billtext/pdf/HB03032F.pdf

Note: The sales contract execution process may be initiated prior to February 17, 2010, if an Offeree provides proof, acceptable to the Authority, that such Offeree alone is qualified to purchase the portion of the Captive Property To Be Sold such Offeree is applying to purchase; provided, however, if another qualified Offeree applies to purchase the same portion of property (or a portion thereof) on or before the February 17th deadline, the sales contract will be modified accordingly.

Captive Property To Be Sold Available for Purchase:

Approximately 633 acres of land more or less situated in Palo Pinto County, Texas, out of the following surveys: George Archy, Abst. 7; E.S.&S., Abst. 1338; E1/2 G. B. & C.N.G.R.R. Co., No. 2, Abst. 2002; Heirs of Wm. Mayer, Abst. 313; B.B.B. & C. R.R. Co., Abst. 101; G.B & C.N.G.R.R. Co., No. 1, Abst. 1034; A. B. & M. Survey, Abst. 22; A. B. & M. Survey, Abst. 1823; G. B. & C. N.G.R.R. Co. Survey, Abst. 2014; J.G. Love Survey, Abst. 1041; and the Sidney Johnston Survey, Abst. 262.

Captive Property To Be Sold only includes those portions of the above-referenced surveys located within the tracts of land described in Brazos River Authority records as Tracts 8-1-93, 9-3-9, and 11-2-46, and does not include any property within the Federal Energy Regulatory Commission Project Area, any area below the 1000’ contour line, or any property leased for single-family residential purposes as of May 27, 2009. In addition, the Authority reserves the right to exempt all or any portion of the Captive Property To Be Sold if such land is necessary for the continued operation of services at the Lake by the Authority.

A map generally depicting the Captive Property To Be Sold may be found at the following link (this map is for general depiction purposes only, the actual property subject to sale is subject to a formal survey and Authority approval):

Captive Property To Be Sold Map

Please forward any questions to Matt Phillips, Government and Customer Relations, at matt.phillips@brazos.org or (254)761-3100.