Bill Text: TX HB5367 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the creation of the Solana Ranch Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-11 - Effective immediately [HB5367 Detail]
Download: Texas-2023-HB5367-Enrolled.html
H.B. No. 5367 |
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relating to the creation of the Solana Ranch Municipal Utility | ||
District No. 1; granting a limited power of eminent domain; | ||
providing authority to issue bonds; providing authority to impose | ||
assessments, fees, and taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 7923 to read as follows: | ||
CHAPTER 7923. SOLANA RANCH MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7923.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Solana Ranch Municipal | ||
Utility District No. 1. | ||
Sec. 7923.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7923.0103. CONFIRMATION AND DIRECTOR ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 7923.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7923.0103 until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district. | ||
Sec. 7923.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a municipal utility district as provided by | ||
general law and Section 59, Article XVI, Texas Constitution; and | ||
(2) Section 52, Article III, Texas Constitution, that | ||
relate to the construction, acquisition, improvement, operation, | ||
or maintenance of macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 7923.0106. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting 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 the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7923.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7923.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7923.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Gary Newman; | ||
(2) Sandra Wilm; | ||
(3) Becky Hinojosa; | ||
(4) David Voekel; and | ||
(5) Teresa Canchola. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7923.0103; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 7923.0103 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7923.0103; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7923.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7923.0302. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapters 49 and 54, Water Code, | ||
applicable to municipal utility districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 7923.0303. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may design, | ||
acquire, construct, finance, issue bonds for, improve, operate, | ||
maintain, and convey to this state, a county, or a municipality for | ||
operation and maintenance macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 7923.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
road project must meet all applicable construction standards, | ||
zoning and subdivision requirements, and regulations of each | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the road project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 7923.0305. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCE OR RESOLUTION. The district shall comply with all | ||
applicable requirements of any ordinance or resolution that is | ||
adopted under Section 54.016 or 54.0165, Water Code, and that | ||
consents to the creation of the district or to the inclusion of land | ||
in the district. | ||
Sec. 7923.0306. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) 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 enacting this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
7923.0103 to confirm the district's creation. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between or among the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 7923.0103. If the voters of a new district do not confirm | ||
the creation of the new district, the assets, obligations, | ||
territory, and governance of the new district revert to the | ||
original district. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
7923.0104 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
(k) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7923.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) | ||
The district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 7923.0403. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes. | ||
(c) The district may not issue bonds payable from ad valorem | ||
taxes to finance a road project unless the issuance is approved by a | ||
vote of a two-thirds majority of the district voters voting at an | ||
election held for that purpose. | ||
Sec. 7923.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7923.0401, the | ||
district may impose an operation and maintenance tax on taxable | ||
property in the district in accordance with Section 49.107, Water | ||
Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
(c) Section 49.107(f), Water Code, does not apply to | ||
reimbursements for projects constructed or acquired under Section | ||
7923.0303. | ||
Sec. 7923.0403. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7923.0501. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 7923.0502. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 7923.0503. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SECTION 2. The Solana Ranch Municipal Utility District | ||
No. 1 initially includes all the territory contained in the | ||
following area: | ||
A 7,088.47 acre (308,773,841 square feet), tract of land, lying | ||
within the D.F. Hair Survey, Abstract 1088, the John Kizzier | ||
Survey, Abstract 496, the William S. Black Survey, Abstract 128, | ||
the Nancy Sims Survey, Abstract 759, the Elisha Davis Survey, | ||
Abstract 244, the Stephen William Survey, Abstract 866, the | ||
J.H. Gilliland Survey, Abstract 1235, the John H. Greenwood Survey, | ||
Abstract 367, the Cynthia Gilbert Survey, Abstract 346, the | ||
E.W. Matthews Survey, Abstract 598, the Elijah Ingram Survey, | ||
Abstract 467, the Abner Webb Survey, Abstract 872, the Jacobs | ||
Zingular Survey, Abstract 943, the G.E. Denson Survey, Abstract | ||
1249, the Eli Lockhart Survey, Abstract 532 and the Jackson Walters | ||
Survey, Abstract 864, in Bell County, Texas, the Elisha Davis | ||
Survey, Abstract 172, the Stephen Williams Survey, Abstract 915, | ||
the Elijah Ingram Survey, Abstract 333, the Jackson Walters Survey, | ||
Abstract 655, in Williamson County, Texas and being all of a called | ||
207.83 acre tract, First Tract, all of the remainder of a called | ||
207.83 acre tract, Second Tract and all of a called 415.66 acre | ||
tract, Third Tract, all conveyed to Solana Ranch Company, in | ||
Document No. 1959002172, Official Public Records Bell County, | ||
Texas, all of the remainder of a called 1292 acre tract, First | ||
Tract, all of a called 1057 acre tract, Second Tract, all of a | ||
called 57 acre tract, Third Tract, a portion of the remainder of a | ||
called 446.1 acre tract, Fourth Tract, all of a called 121 acre | ||
tract, Fifth Tract-1st Tract, all of a called 12.5 acre tract, Fifth | ||
Tract - 2nd Tract, all of a called 100 acre tract, Fifth Tract - 3rd | ||
Tract, all of a called 1748.4 acre tract, Sixth Tract, all of the | ||
remainder of a called 767 acre tract, Seventh Tract-1st Tract and | ||
all of a called 10 acre tract, Seventh Tract - 2nd Tract, all | ||
conveyed to Solana Ranch Company, in Document No. 1950-02854, | ||
Official Public Records Bell and Williamson County, Texas, all of a | ||
called 100 acre tract, conveyed to Solana Ranch Company, in | ||
Document No. 1952-2759, Official Public Records Williamson County, | ||
Texas, all of a called 279.06 acre tract, conveyed to Solana Ranch | ||
Company, in Document No. 1984021088, Official Public Records Bell | ||
County, Texas, all of a called 0.29 acre tract, conveyed to Solana | ||
Ranch Company, in Document No. 1953003725, Official Public Records | ||
Williamson County, Texas, all of the remainder of a called 434.08 | ||
acre tract, conveyed to Solana Ranch Company, in Volume 639, Page | ||
192, Deed Records Bell County, Texas, described as follows: | ||
BEGINNING, at an 1/2" iron rod found for the northeastern corner of | ||
said remainder of 434.08 acre tract, the northwestern corner of Lot | ||
1, Block 1, and of Salado Bluffs, Phase 1, a subdivision, recorded | ||
in Cabinet 2019, Slide 35 and Instrument No. 2019-5387, Official | ||
Public Records of Bell County, Texas, and also being on the southern | ||
right-of-way line of Farm to Market Highway 2843 (right-of-way | ||
varies), for the POINT OF BEGINNING and the most eastern | ||
northeastern corner of the herein described tract; | ||
THENCE, with the eastern line of said remainder of 434.08 acre tract | ||
and also being the western line of said Salado Bluffs, Phase 1, S 22° | ||
08' 46" E, a distance of 787.67 feet to a 1/2" iron rod found for the | ||
southwestern corner of Lot 2, Block 1 and of said Salado Bluffs, | ||
Phase 1 and also being on the western line of the remainder of a | ||
called 413.72 acre tract, Tract Three, conveyed to Whitis Land | ||
Investments, LTD, in Document No. 2013000874, Official Public | ||
Records Bell County, Texas; | ||
THENCE, with the eastern line of said remainder of 434.08 acre tract | ||
and also being the western line of said remainder of 413.72 acre | ||
tract, the following thirteen (13) courses and distances: | ||
1. S 25° 29' 14" E, a distance of 328.02 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
2. S 32° 39' 21" E, a distance of 144.51 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
3. S 21° 08' 22" E, a distance of 211.32 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
4. S 68° 28' 39" E, a distance of 143.74 feet to a 1/2" iron | ||
rod found; | ||
5. S 15° 20' 45" E, a distance of 348.68 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
6. S 11° 53' 53" E, a distance of 771.28 feet to a 3" pipe | ||
post found; | ||
7. S 22° 09' 05" E, a distance of 129.47 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
8. S 22° 40' 40" E, a distance of 466.27 feet to a 3" pipe | ||
post found; | ||
9. S 12° 45' 19" E, a distance of 650.78 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
10. S 12° 21' 16" E, a distance of 254.15 feet to a 3" pipe | ||
post found; | ||
11. S 20° 33' 47" E, a distance of 517.36 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
12. S 19° 43' 32" E, a distance of 1314.54 feet to a 3" cedar | ||
post found; | ||
13. S 26° 45' 35" E, a distance of 316.29 feet to a 5/8" iron | ||
rod found for the southeastern corner of said remainder of 434.08 | ||
acre tract, the southwestern corner of said remainder of 413.72 | ||
acre tract, an ell corner of said 1748.4 acre tract, Sixth Tract and | ||
also being an ell corner of a called 425.18 acre tract, Tract One, | ||
conveyed to Whitis Land Investments, LTD, in Document | ||
No. 2013000874, Official Public Records Bell County, Texas; | ||
THENCE, with the eastern line of said 1748.4 acre tract and also | ||
being the western line of said 425.18 acre tract, the following two | ||
(2) courses and distances: | ||
(1) S 20° 49' 34" E, a distance of 3016.99 feet to a 5/8" iron | ||
rod with plastic cap found for an ell corner of said 1748.4 acre | ||
tract and said 425.18 acre tract; | ||
(2) N 69° 03' 52" E, a distance of 1134.64 feet to a 5/8" iron | ||
rod found for and ell corner of said 1748.4 acre tract and also | ||
being the northwestern corner of a called 57.20 acre tract, | ||
conveyed to WBW Single Land Investment, LLC-Series 116, in Document | ||
No. 2021063250, Official Public Records Williamson County, Texas; | ||
THENCE, with the eastern line of said 1748.4 acre tract and also | ||
being the western line of said 57.20 acre tract, S 09° 53' 24" E, a | ||
distance of 1387.46 feet to a 1/2" iron rod with "ATWELL LLC" cap | ||
set; | ||
THENCE, with the southern line of said 1748.4 acre tract, also being | ||
the northern right-of-way line of Kuykendall Road (Right-of-Way | ||
Varies) also being the northern line of a called 0.976 acre tract, | ||
Tract 2, and the northern line of a called 13.958 acre tract, Tract | ||
1, both conveyed to Johnny and Stephanie Butler, in Document | ||
No. 2018053233, Official Public Records Bell County, Texas, S 68° | ||
33' 07" W, a distance of 727.66 feet to a 1/2" iron rod with "6447" | ||
cap found for the northwestern corner of said 13.958 acre tract and | ||
also being the northeastern corner of a called 12.855 acre tract, | ||
conveyed to Johnny E. Butler II and spouse Stephanie R. Butler, in | ||
Document No. 2018038490, Official Public Records Bell County, | ||
Texas; | ||
THENCE, continuing with the southern line of said 1748.4 acre tract | ||
and also being the northern line of said 12.855 acre tract, S 68° 33' | ||
11" W, a distance of 474.62 feet to a 1/2" iron rod with "6447" cap | ||
found for the northwestern corner of said 12.855 acre tract and also | ||
being the northeastern corner of a called 10.389 acre tract, | ||
conveyed to William A. and Susan E. Clark, in Document | ||
No. 2019014983, Official Public Records Bell County, Texas; | ||
THENCE, continuing with the southern line of said 1748.4 acre tract | ||
and also being the northern line of said 10.389 acre tract, S 68° 33' | ||
12" W, a distance of 738.77 feet to a 1/2" iron rod with "6447" cap | ||
found for the northwestern corner of said 10.389 acre tract and also | ||
being the northeastern corner of a called 15.000 acre tract, | ||
conveyed to Robert James White and wife, Amanda Marie White, in | ||
Document No. 2018023005, Official Public Records Bell County, | ||
Texas; | ||
THENCE, continuing with the southern line of said 1748.4 acre tract | ||
and also being the northern line of said 15.000 acre tract, S 68° 32' | ||
29" W, a distance of 400.85 feet to a 1/2" iron rod with "6447" cap | ||
found for the northwestern corner of said 15.000 acre tract and also | ||
being an ell corner of a called 2.599 acre tract, conveyed to Adam | ||
Neville Starr, in Document No. 2019011692, Official Public Records | ||
Bell County, Texas; | ||
THENCE, continuing with the southern line of said 1748.4 acre tract | ||
and also being the northern line of said 2.599 acre tract, | ||
S 67° 40' 10" W, a distance of 30.24 feet to an 8" cedar post found | ||
for an ell corner of said 1748.4 acre tract and also being an ell | ||
corner of said 2.599 acre tract; | ||
THENCE, with a western line of said 1748.4 acre tract and also being | ||
the eastern line of said 2.599 acre tract, N 20° 44' 31" W, a | ||
distance of 390.28 feet to a 1/2" iron rod with "6447" cap found for | ||
the northeastern corner of said 2.599 acre tract and also being the | ||
southeastern corner of a called 41.277 acre tract, conveyed to Adam | ||
Neville Starr, in Document No. 2018053234, Official Public Records | ||
Bell County, Texas; | ||
THENCE, with a western line of said 1748.4 acre tract and also being | ||
the eastern line of said 41.277 acre tract, N 20° 49' 25" W, a | ||
distance of 960.21 feet to a 5/8" iron rod found for an ell corner of | ||
said 1748.4 acre tract and also being the northeastern corner of | ||
said 41.277 acre tract; | ||
THENCE, with a southern line of said 1748.4 acre tract and also | ||
being the northern line of said 41.277 acre tract, S 68° 56' 27" W, | ||
a distance of 1849.02 feet to a 1/2" iron rod with "ATWELL LLC" cap | ||
set; for an ell corner of said 1748.4 acre tract, the northwestern | ||
corner of said 41.277 acre tract and also being on the eastern line | ||
of a called 207.83 acre tract, First Tract, conveyed to Solana Ranch | ||
Company, in Document No. 1959002172, Official Public Records Bell | ||
County, Texas; | ||
THENCE, with the eastern line of said 207.83 acre tract, First | ||
Tract, and also being the western line of said 41.277 acre tract, | ||
S 21° 01' 56" E, a distance of 989.61 feet to a 20" Live Oak tree | ||
found for the southwestern corner of said 41.277 acre tract and also | ||
being the northwestern corner of a called 43.604 acre tract, | ||
conveyed to Marcus L. Edwards and spouse, Tanya L. Edwards, in | ||
Document No. 2018031262, Official Public Records Bell County, | ||
Texas; | ||
THENCE, with the eastern line of said 207.83 acre tract, First | ||
Tract, and also being the western line of said 43.604 acre tract, | ||
S 21° 14' 40" E, a distance of 1566.82 feet to 8" Cedar Post found | ||
for the southeastern corner of said 207.83 acre tract, First Tract, | ||
an angle corner of said 43.604 acre tract and also being an angle | ||
corner of a called 10.199 acre tract, conveyed to Emily Dewees, in | ||
Document No. 2020014681, Official Public Records Bell County, | ||
Texas; | ||
THENCE, with the southern line of said 207.83 acre tract, First | ||
Tract, and also being the northern line of said 10.199 acre tract, | ||
S 69° 09' 10" W, a distance of 770.12 feet to a 1/2" iron rod with | ||
"6447" cap found for the northwestern corner of said 10.199 acre | ||
tract and also being an ell corner of a called 17.755 acre tract, | ||
conveyed to Johnny Baird and wife, Sharon Baird, in Document | ||
No. 2018031275, Official Public Records Bell County, Texas; | ||
THENCE, with the southern line of said 207.83 acre tract, First | ||
Tract, the northern line of said 17.755 acre tract and the southern | ||
line of a said 207.83 acre tract, Second Tract, S 69° 10' 16" W, a | ||
distance of 1350.42 feet to a 1/2" iron rod with "6447" cap found | ||
for the northwestern corner of said 17.755 acre tract; | ||
THENCE, with the southern line of said 207.83 acre tract, Second | ||
Tract, S 68° 36' 02" W, a distance of 124.07 feet to a 1/2" iron rod | ||
found for the northeastern corner of a called 223.371 acre tract, | ||
conveyed to Byron F. Goode in Volume 2385, Page 255, Official Public | ||
Records Bell County, Texas; | ||
THENCE, with the southern line of said 207.83 acre tract, Second | ||
Tract, the northern line of said 223.371 acre tract and the southern | ||
line of said 415.66 acre tract, Third Tract, the following three (3) | ||
courses and distances: | ||
(1) S 65° 54' 07" W, a distance of 855.55 feet to a 1/2" iron | ||
rod found; | ||
(2) N 87° 16' 03" W, a distance of 395.53 feet to a calculated | ||
point in center of creek; | ||
(3) S 42° 34' 32" W, a distance of 454.09 feet to a calculated | ||
point in center of creek; | ||
THENCE, with the southern line of said 415.66 acre tract, Third | ||
Tract, S 70° 22' 43" W, a distance of 2085.39 feet to a 1"x 1" square | ||
pipe found for the northeastern corner of a called 134.83 acre | ||
tract, conveyed to Nelda Annette Hill and husband, Robert Hicks | ||
Hill, III, in Document No. 2008000104, Official Public Records Bell | ||
County, Texas; | ||
THENCE, with the southern line of said 415.66 acre tract, Third | ||
Tract, the southern line of said 767 acre tract, Seventh Tract-1st | ||
Tract, and also being the northern line of said 134.83 acre tract, | ||
the following two (2) courses and distances: | ||
(1) S 68° 27' 46" W, a distance of 1335.82 feet to a 30d nail | ||
on top of 8" cedar post found for the southwestern corner of said | ||
415.66 acre tract and also being the southeastern corner of said 767 | ||
acre tract; | ||
(2) S 66° 59' 37" W, a distance of 890.58 feet to a 1/2" iron | ||
rod with "CUDE" cap found for the northwestern corner of said 134.83 | ||
acre tract and also being the northeastern corner of the said | ||
remainder of the 446.1 acre tract; | ||
THENCE, with the eastern line of said remainder of the 446.1 acre | ||
tract and also being the western line of said 134.83 acre tract, the | ||
following three (3) courses and distances: | ||
(1) S 22° 28' 51" E, a distance of 2642.66 feet to a 1/2" iron | ||
rod with "CUDE" cap found; | ||
(2) S 21° 57' 08" E, a distance of 59.27 feet to a 1/2" iron | ||
rod with "CUDE" cap found; | ||
(3) S 22° 16' 36" E, a distance of 51.43 feet to a calculated | ||
point in the center of Salado Creek, being the southwestern corner | ||
of said 134.83 acre tract and also being the northwestern corner of | ||
a called 110.51 acre tract, conveyed to Nelda Annette Hill and | ||
husband, Robert Hicks Hill, III, in Document No. 2008000103, | ||
Official Public Records Williamson County, Texas; | ||
THENCE, with the eastern line of said remainder of the 446.1 acre | ||
tract and also being the western line of said 110.51 acre tract, S | ||
22° 16' 36" E, a distance of 2063.25 feet to a calculated point, from | ||
which a 1/2" iron rod found for an ell corner of said 110.51 acre | ||
tract bears, S 22° 16' 36" E, a distance of 4362.44 feet; | ||
THENCE, over and across said remainder of the 446.1 acre tract, S | ||
43° 28' 18" W, a distance of 1465.48 feet to a calculated point, from | ||
which a 1/2" iron rod with "ATWELL LLC" cap set on the western line | ||
of said remainder of the 446.1 acre tract and also being the eastern | ||
corner of a called 117.98 acre tract, Tract 2 conveyed to John | ||
Schuler and Rachel Schuler, in Document No. 2017090693, Official | ||
Public Records Williamson County, Texas, bears S 21° 28' 21" E, a | ||
distance of 3410.71 feet; | ||
THENCE, with the western line of said remainder of the 446.1 acre | ||
tract and also being the eastern line of said 117.98 acre tract, N | ||
21° 28' 21" W, a distance of 466.78 feet to a 1/2" iron rod found for | ||
the northeastern corner of said 117.98 acre tract and also being the | ||
southeastern corner of a called 60 acre tract, Second Tract | ||
conveyed to The Robert Oliver Thomas Trust, in Document | ||
No. 2008061054, Official Public Records Williamson County, Texas; | ||
THENCE, with the western line of said remainder of the 446.1 acre | ||
tract and also being the eastern line of said 60 acre tract, Second | ||
Tract, N 21° 32' 06" W, a distance of 763.06 feet to a 1/2" iron rod | ||
with "ATWELL LLC" set for the northeastern corner of said 60 acre | ||
tract, Second Tract and also being the southeastern corner of said | ||
12.5 acre tract, Fifth Tract-2nd Tract; | ||
THENCE, with the southern line of said 12.5 acre tract, Fifth | ||
Tract-2nd Tract and said 121 acre tract, Fifth Tract-1st Tract and | ||
also being the northern line of said 60 acre tract, Second Tract, S | ||
68° 25' 15" W, a distance of 3413.24 feet to a 6" cedar post found for | ||
the southwestern corner of said 121 acre tract, Fifth Tract-1st | ||
Tract, the northwestern corner of said 60 acre tract, Second Tract, | ||
and also being on the eastern line of a called 50 acre tract, First | ||
Tract, conveyed to The Robert Oliver Thomas Trust, in Document | ||
No. 2008061054, Official Public Records Williamson County, Texas; | ||
THENCE, with the western line of said 121 acre tract, Fifth | ||
Tract-1st Tract and also being the eastern line of said 50 acre | ||
tract, First Tract, N 21° 43' 29" W, a distance of 1295.78 feet to a | ||
6" cedar post found for the northeastern corner of said 50 acre | ||
tract, First Tract and also being an ell corner of a called 3072.64 | ||
acre tract, Tract 1, conveyed to Christine Brooking Richardson and | ||
Carter M. Brooking, in Document No. 2012107203, Official Public | ||
Records Williamson County, Texas; | ||
THENCE, with the western line of said 121 acre tract, Fifth | ||
Tract-1st Tract, the western line of said 100 acre tract, Fifth | ||
Tract-3rd Tract and also being the eastern line of said 3072.64 acre | ||
tract, Tract 1, N 21° 48' 07" W, a distance of 2945.63 feet to a 1/2" | ||
iron rod found for the northwestern corner of said 100 acre tract, | ||
Fifth Tract-3rd Tract, an ell corner of said 3072.64 acre tract, | ||
Tract 1 and also being on the southern line of said 767 acre, | ||
Seventh Tract-1st Tract; | ||
THENCE, with the southern line of said 767 acre, Seventh Tract-1st | ||
Tract and also being a northern line of said 3072.64 acre tract, | ||
Tract 1, N 82° 30' 54" W, a distance of 1678.41 feet to a 1/2" iron | ||
rod found on the western line of said 767 acre, Seventh Tract-1st | ||
Tract, an eastern line of said 1057 acre tract, Second Tract and | ||
also being an ell corner of said 3072.64 acre tract, Tract 1; | ||
THENCE, with an eastern line of said 1057 acre tract, Second Tract | ||
and also being a western line of said 3072.64 acre tract, Tract 1, S | ||
20° 58' 47" E, a distance of 977.42 feet to a 5/8" iron rod found for | ||
the southeastern corner of said 1057 acre tract, Second Tract and | ||
also being an ell corner of said 3072.64 acre tract, Tract 1; | ||
THENCE, with the southern line of said 1057 acre tract, Second | ||
Tract, the southern line of said 57 acre, Third Tract and also being | ||
the northern line of said 3072.64 acre tract, Tract 1, the following | ||
nine (9) courses and distances; | ||
(1) S 68° 53' 33" W, a distance of 3312.14 feet to a 3" T post | ||
found; | ||
(2) S 68° 57' 47" W, a distance of 3947.49 feet to a 3" pipe | ||
fence corner found; | ||
(3) N 20° 54' 53" W, a distance of 2834.33 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
(4) N 22° 44' 53" W, a distance of 662.16 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
(5) S 69° 29' 37" W, a distance of 1379.32 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
(6) N 20° 53' 07" W, a distance of 2076.71 feet to a 5/8" iron | ||
rod found; | ||
(7) N 86° 11' 53" W, a distance of 410.13 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
(8) S 68° 28' 37" W, a distance of 3912.80 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
(9) S 68° 17' 51" W, a distance of 1170.70 feet to a 1/2" iron | ||
rod with cap stamped "ATWELL LLC" set for the southwestern corner of | ||
said 57 acre, Third Tract and being on the eastern line of a called | ||
167 acre tract, Fourth Tract, conveyed to The McLoud Family Trust | ||
Under Instrument dated March 25, 2013, in Document No. 2014012037, | ||
Official Public Records Bell County, Texas, also being in the | ||
northern line of said 3072.64 acre tract; | ||
THENCE, with the western line of said 57 acre, Third Tract and also | ||
being the eastern line of said 167 acre tract, Fourth Tract, N 21° | ||
30' 17" W, a distance of 1526.79 feet to a 1/2" iron rod found for | ||
the northwestern corner of said 57 acre, Third Tract and also being | ||
the southwestern corner of a called 206.15 acre tract, Tract 2, | ||
conveyed to Dos Rios Partners, L.P., in Document No. 2016057977, | ||
Official Public Records Williamson County, Texas; | ||
THENCE, with the northern line of said 1057 acre tract, Second | ||
Tract, the northern line of said 57 acre, Third Tract and also being | ||
the southern line of said 206.15 acre tract, Tract 2, N 68° 29' 43" | ||
E, a distance of 2450.53 feet to a 5/8" iron rod found for an ell | ||
corner of said remainder of the 1292 acre tract, First Tract and | ||
also being the southeastern corner of said 206.15 acre tract, Tract | ||
2; | ||
THENCE, with the western line of said 1292 acre tract, First Tract | ||
and also being the eastern line of said 206.15 acre tract, Tract 2, | ||
N 21° 05' 04" W, a distance of 3300.22 feet to a mag nail in concrete | ||
found for an ell corner of said remainder of the 1292 acre tract, | ||
First Tract and also being the southwestern corner of a called | ||
304.68 acre tract, Tract 1, conveyed to ASQ Properties, LLC, in | ||
Document No. 2018014457, Official Public Records Bell County, | ||
Texas; | ||
THENCE, with the northern line of said remainder of the 1292 acre | ||
tract, First Tract and also being the southern line of said 304.68 | ||
acre tract, Tract 1, the following three (3) courses and distances: | ||
(1) N 68° 03' 32" E, a distance of 2718.90 feet to a mag nail | ||
in concrete found; | ||
(2) N 21° 59' 58" W, a distance of 740.26 feet to an iron rod | ||
with "2025" cap found; | ||
(3) N 68° 09' 33" E, a distance of 1534.07 feet to an iron rod | ||
with "2025" cap found for the most northern southeastern corner of | ||
said 304.68 acre tract, Tract 1 and also being the southwestern | ||
corner of a called 103.650 acre tract, conveyed to Thomas Stephen | ||
Barker and spouse, Tamara Barker, in Document No. 2013034933, | ||
Official Public Records Bell County, Texas; | ||
THENCE, with the northern line of said remainder of the 1292 acre | ||
tract, First Tract and also being the southern line of said 103.650 | ||
acre tract, N 68° 11' 39" E, a distance of 1036.10 feet to a 5/8" iron | ||
rod found for an ell corner of said 1292 acre tract, First Tract, an | ||
angle corner of said 103.650 acre tract and also being an ell corner | ||
of said 279.06 acre tract; | ||
THENCE, with a northern line of said 279.06 acre tract and also | ||
being the southern line of said 103.650 acre tract, N 66° 34' 07" E, | ||
a distance of 50.02 feet to a 12" cedar post found for an ell corner | ||
of said 279.06 acre tract and also being the southeastern corner of | ||
said 103.650 acre tract; | ||
THENCE, with the western line of said 279.06 acre tract and also | ||
being the eastern line of said 103.650 acre tract, the following | ||
five (5) courses and distances; | ||
(1) N 30° 03' 10" W, a distance of 249.26 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
(2) N 19° 52' 36" W, a distance of 377.02 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
(3) N 26° 18' 05" W, a distance of 388.10 feet to a 1/2" iron | ||
rod found; | ||
(4) N 20° 24' 40" W, a distance of 2383.82 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
(5) N 19° 00' 03" W, a distance of 569.15 feet to a 5/8" iron | ||
rod found for the northwestern corner of said 279.06 acre tract, the | ||
northeastern corner of said 103.650 acre tract and also being on the | ||
arc of a curve to the left on the southern right-of-way line of Farm | ||
to Market Road 2843 (right-of-way varies); | ||
THENCE, with the northern line of said 279.06 acre tract and also | ||
being the said southern right-of-way line of Farm to Market Road | ||
2843, the following seven (7) courses and distances; | ||
(1) With said curve to the left, an arc distance of 315.06 | ||
feet, having a radius of 1497.00 feet, an angle of 12° 03' 31", and a | ||
chord bearing N 48° 48' 53" E, a distance of 314.48 feet a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
(2) N 41° 42' 06" E, a distance of 245.19 feet to a1/2" iron | ||
rod with "ATWELL LLC" cap set, for the point of curvature of a curve | ||
to the right; | ||
(3) With said curve to the right, an arc distance of 616.19 | ||
feet, having a radius of 904.93 feet, an angle of 39° 00' 50", and a | ||
chord bearing N 62° 00' 06" E, a distance of 604.35 feet a TxDOT | ||
monument found; | ||
(4) N 80° 21' 22" E, a distance of 358.82 feet to a 3" pipe | ||
post found; | ||
(5) N 77° 21' 17" E, a distance of 72.04 feet to a 12" cedar | ||
stump found; | ||
(6) N 68° 57' 01" E, a distance of 127.04 feet to a 3" pipe | ||
post found; | ||
(7) N 67° 05' 40" E, a distance of 589.88 feet to a 1/2" iron | ||
rod found for the northeastern corner of said 279.06 acre tract and | ||
also being the northwestern corner of a called 2.0 acre tract, | ||
conveyed to Carolyn F. Dunson, in Volume 4100, Page 40, Official | ||
Public Records Bell County, Texas; | ||
THENCE, with the eastern line of said 279.06 acre tract and also | ||
being the western line of said 2.0 acre tract, S 21° 21' 28" E, a | ||
distance of 424.67 feet to a 1" iron pipe found for the southwestern | ||
corner of said 2.0 acre tract and also being on the western line of | ||
the remainder of a called 55.2 acre tract, First Tract, conveyed to | ||
Clifford Ray Owen and wife, Jana Su Owen, in Volume 1816, Page 845, | ||
Official Public Records Bell County, Texas; | ||
THENCE, with the eastern line of said 279.06 acre tract and also | ||
being the western line of said 55.2 acre tract, First Tract, S 21° | ||
43' 04" E, a distance of 2669.05 feet to a 5/8" iron rod found for an | ||
ell corner of said 1292 acre tract, First Tract and also being the | ||
southwestern corner of said 55.2 acre tract, First Tract; | ||
THENCE, with a northern line of said 1292 acre tract, First Tract | ||
and also being the southern lines of the following tracts, said 55.2 | ||
acre tract, First Tract, of a called 44.8 acre tract, Second Tract, | ||
of a called 60.1 acre tract, Third Tract, of a called 4.4 acre | ||
tract, Fourth Tract and of a called 15 acre tract, Fifth Tract all | ||
conveyed to Clifford Ray Owen and wife, Jana Su Owen, in Volume | ||
1816, Page 845, Official Public Records Bell County, Texas, N 68° | ||
50' 45" E, a distance of 2748.97 feet to a 1/2" iron rod with "ATWELL | ||
LLC" cap set for an angle corner of said 1292 acre tract, First | ||
Tract, the southeastern corner of said 15 acre tract, Fifth Tract | ||
and also being an ell corner of a called 622.30 acre tract, conveyed | ||
to The Zelma Aline Adams Living Trust, in Document No. 2020001976, | ||
Official Public Records Bell County, Texas; | ||
THENCE, with the northern line of said 1292 acre tract, First Tract | ||
and also being a southern line of said 622.30 acre tract, N 69° 12' | ||
04" E, a distance of 427.35 feet to a 5/8" iron rod found for the | ||
northeastern corner of said 1292 acre tract, First Tract and also | ||
being an ell corner of said 622.30 acre tract; | ||
THENCE, with an eastern line of said 1292 acre tract, First Tract | ||
and also being a western line of said 622.30 acre tract, the | ||
following sixteen (16) courses and distances; | ||
(1) S 43° 02' 26" E, a distance of 123.50 feet to a 5/8" iron | ||
rod found; | ||
(2) S 17° 19' 55" E, a distance of 190.19 feet to a 5/8" iron | ||
rod found; | ||
(3) S 37° 33' 12" W, a distance of 123.32 feet to a 5/8" iron | ||
rod found; | ||
(4) S 54° 05' 22" W, a distance of 200.54 feet to a 5/8" iron | ||
rod found; | ||
(5) S 25° 05' 41" W, a distance of 162.53 feet to a 5/8" iron | ||
rod found; | ||
(6) S 16° 16' 04" W, a distance of 805.94 feet to a 5/8" iron | ||
rod found; | ||
(7) S 04° 13' 22" E, a distance of 207.07 feet to a 5/8" iron | ||
rod found; | ||
(8) S 19° 50' 33" E, a distance of 310.88 feet to a 5/8" iron | ||
rod found; | ||
(9) S 10° 48' 32" E, a distance of 264.90 feet to a 5/8" iron | ||
rod found; | ||
(10) S 03° 01' 24" E, a distance of 453.59 feet to a 5/8" iron | ||
rod found; | ||
(11) S 11° 12' 33" E, a distance of 486.80 feet to a 5/8" iron | ||
rod found; | ||
(12) S 01° 35' 53" W, a distance of 527.10 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
(13) S 15° 15' 16" E, a distance of 357.16 feet to a 5/8" iron | ||
rod found; | ||
(14) S 22° 14' 18" E, a distance of 958.51 feet to a 5/8" iron | ||
rod found; | ||
(15) S 31° 35' 24" E, a distance of 1032.51 feet to a 5/8" | ||
iron rod found; | ||
(16) S 17° 08' 22" E, a distance of 980.52 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set for an ell corner of said 1292 acre | ||
tract, First Tract and said 622.30 acre tract; | ||
THENCE, with a northern line of said 1292 acre tract, First Tract | ||
and also being a southern line of said 622.30 acre tract, the | ||
following four (4) courses and distances; | ||
(1) N 76° 58' 22" E, a distance of 933.73 feet to a 5/8" iron | ||
rod found; | ||
(2) N 68° 56' 12" E, a distance of 167.36 feet to a 5/8" iron | ||
rod found; | ||
(3) N 63° 56' 31" E, a distance of 766.82 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
(4) S 71° 34' 47" E, a distance of 61.50 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set for an ell corner of said 1292 acre | ||
tract, First Tract and said 622.30 acre tract and also being the | ||
northwestern corner of said 10 acre tract, Seventh Tract-2nd Tract; | ||
THENCE, with the northern line of said 10 acre tract, Seventh | ||
Tract-2nd Tract and also being a southern line of said 622.30 acre | ||
tract, N 61° 53' 43" E, a distance of 305.40 feet to a 1/2" iron rod | ||
with "ATWELL LLC" cap set for the northeastern corner of said 10 | ||
acre tract, Seventh Tract-2nd Tract and also being an ell corner of | ||
said 622.30 acre tract; | ||
THENCE, with the eastern line of said 10 acre tract, Seventh | ||
Tract-2nd Tract and also being a western line of said 622.30 acre | ||
tract, S 21° 33' 17" E, a distance of 634.10 feet to a 1/2" iron rod | ||
with "ATWELL LLC" cap set for an angle corner of said 10 acre tract, | ||
Seventh Tract-2nd Tract, an ell corner of said 622.30 acre tract and | ||
also being the northwestern corner of said 767 acre tract, Seventh | ||
Tract-1st Tract; | ||
THENCE, with the northern line of said 767 acre tract, Seventh | ||
Tract-1st Tract and also being a southern line of said 622.30 acre | ||
tract, N 68° 29' 43" E, a distance of 2883.30 feet to a 5/8" iron rod | ||
found for the southeastern corner of said 622.30 acre tract and also | ||
being the southwestern corner of said 1748.4 acre tract, Sixth | ||
Tract; | ||
THENCE, with the western line of said 1748.4 acre tract, Sixth Tract | ||
and also being a eastern line of said 622.30 acre tract, N 21° 41' | ||
17" W, a distance of 4467.40 feet to a 5/8" iron rod found for an | ||
angle corner of said 1748.4 acre tract, Sixth Tract, an ell corner | ||
of said 622.30 acre tract and also being an ell corner of a called | ||
467.619 acre tract, conveyed to Bryan Wolff and Liz Wolff, in | ||
Document No. 2020039792, Official Public Records Bell County, | ||
Texas; | ||
THENCE, with the western line of said 1748.4 acre tract, Sixth Tract | ||
and also being an eastern line of said 467.619 acre tract, the | ||
following three (3) courses and distances; | ||
1. N 21° 38' 05" W, a distance of 500.90 feet to a 5/8" iron | ||
rod found; | ||
2. N 65° 53' 32" E, a distance of 628.79 feet to a 5/8" iron | ||
rod found; | ||
3. N 21° 47' 50" W, a distance of 641.26 feet to a 5/8" iron | ||
rod found for the most northwestern corner of said 1748.4 acre | ||
tract, Sixth Tract and also being an ell corner of said 467.619 acre | ||
tract; | ||
THENCE, with the northern line of said 1748.4 acre tract, Sixth | ||
Tract and also being a southern line of said 467.619 acre tract, N | ||
68° 40' 37" E, a distance of 3055.10 feet to a 5/8" iron rod found for | ||
the southwestern corner of said 186 acre tract and also being the | ||
southeastern corner of said 467.619 acre tract; | ||
THENCE, with the western line of said 186 acre tract and also being | ||
the eastern line of said 467.619 acre tract, N 21° 18' 38" W, a | ||
distance of 4131.59 feet to a calculated point for the northwestern | ||
corner of said 186 acre tract, the southwestern corner of the | ||
remainder of a called 1021.52 acre tract, conveyed to John Brooks | ||
Bradley, in Volume 801, Page 197, Official Public Records Bell | ||
County, Texas and also being in the center of a creek; | ||
THENCE, with the northern line of said 186 acre tract, the southern | ||
line of said remainder of the 1021.52 acre tract and along the | ||
approximate center line of a creek as located in August of 2022, the | ||
following eighteen (18) courses and distances; | ||
1. N 82° 33' 36" E, a distance of 152.30 feet to a calculated | ||
point; | ||
2. S 37° 59' 23" E, a distance of 31.91 feet to a calculated | ||
point; | ||
3. S 74° 33' 31" E, a distance of 38.53 feet to a calculated | ||
point; | ||
4. N 82° 05' 58" E, a distance of 70.13 feet to a calculated | ||
point; | ||
5. N 72° 07' 47" E, a distance of 63.94 feet to a calculated | ||
point; | ||
6. N 88° 23' 21" E, a distance of 41.98 feet to a calculated | ||
point; | ||
7. S 68° 08' 34" E, a distance of 81.68 feet to a calculated | ||
point; | ||
8. S 57° 17' 52" E, a distance of 82.18 feet to a calculated | ||
point; | ||
9. S 51° 03' 40" E, a distance of 199.95 feet to a calculated | ||
point; | ||
10. S 30° 37' 38" E, a distance of 39.14 feet to a calculated | ||
point; | ||
11. S 32° 14' 33" E, a distance of 50.38 feet to a calculated | ||
point; | ||
12. S 68° 43' 06" E, a distance of 32.02 feet to a calculated | ||
point; | ||
13. S 81° 53' 34" E, a distance of 179.04 feet to a calculated | ||
point; | ||
14. N 88° 24' 53" E, a distance of 135.91 feet to a calculated | ||
point; | ||
15. S 70° 36' 48" E, a distance of 43.77 feet to a calculated | ||
point; | ||
16. S 70° 15' 42" E, a distance of 33.76 feet to a calculated | ||
point; | ||
17. S 85° 34' 12" E, a distance of 38.19 feet to a calculated | ||
point; | ||
18. N 65° 19' 04" E, a distance of 21.10 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set for an ell corner of said 186 acre | ||
tract, the most western southwestern corner of said 8.04 acre | ||
tract; | ||
THENCE, with the western line of said 8.04 acre tract and also being | ||
the eastern line of said remainder of the 1021.52 acre tract, the | ||
following six (6) courses and distances; | ||
1. N 09° 55' 43" W, a distance of 124.80 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
2. N 17° 18' 43" W, a distance of 124.85 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
3. N 27° 38' 51" W, a distance of 204.10 feet to a 1" iron rod | ||
found; | ||
4. N 19° 01' 35" W, a distance of 154.05 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
5. N 40° 33' 19" W, a distance of 60.57 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
6. N 24° 12' 10" E, a distance of 85.05 feet to a 24" Elm tree | ||
found for the northwestern corner of said 8.04 acre tract and also | ||
being the southwestern corner of said 13.128 acre tract; | ||
THENCE, with the western line of said 13.128 acre tract and also | ||
being the eastern line of said remainder of the 1021.52 acre tract, | ||
N 05° 11' 54" W, a distance of 239.59 feet to a 1/2" iron rod with | ||
"ATWELL LLC" cap set for the northwestern corner of said 13.128 acre | ||
tract and also being on the said southern right-of-way line of Farm | ||
to Market Highway 2843; | ||
THENCE, with the northern line of said 13.128 acre tract and also | ||
being the said southern right-of-way line of Farm to Market Highway | ||
2843, the following six (6) courses and distances; | ||
1. S 71° 39' 46" E, a distance of 492.88 feet to a TxDOT | ||
concrete monument found; | ||
2. S 78° 02' 06" E, a distance of 217.69 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
3. S 72° 50' 49" E, a distance of 675.22 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
4. S 75° 52' 53" E, a distance of 214.77 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
5. S 82° 09' 44" E, a distance of 208.53 feet to a 1/2" iron | ||
rod with "ATWELL LLC" cap set; | ||
6. S 87° 59' 00" E, a distance of 199.87 feet to a 1/2" iron | ||
rod found for the northeastern corner of said 13.128 acre tract; | ||
THENCE, with the eastern line of said 13.128 acre tract and also | ||
being the said southern right-of-way line of Farm to Market Highway | ||
2843, S 20° 56' 32" E, a distance of 41.23 feet to a 1/2" iron rod | ||
with "5496" cap found, for an angle corner of said 13.128 acre tract | ||
and also being the most northern northwestern corner of a called | ||
72.486 acre tract, conveyed to Talaska Holdings, LLC, in Document | ||
No. 2021076791, Official Public Records Bell County, Texas; | ||
THENCE, with the eastern line of said 13.128 acre tract and also | ||
being a western line of said 72.486 acre tract, S 21° 13' 57" E, a | ||
distance of 378.45 feet to a 1/2" iron rod with "5496" cap found for | ||
the eastern corner of said 13.128 acre tract and also being an ell | ||
corner of said 72.486 acre tract; | ||
THENCE, with a southern line of said 13.128 acre tract and also | ||
being a northern line of said 72.486 acre tract, S 68° 50' 40" W, a | ||
distance of 528.83 feet to a calculated point for the southern | ||
corner of said 13.128 acre tract, being on the eastern line of said | ||
186 acre tract and also being in the center of a creek; | ||
THENCE, with the eastern line of said 186 acre tact, the western | ||
line of said 72.486 acre tract and along the approximate center line | ||
of a creek as located in August of 2022, the following sixteen (16) | ||
courses and distances; | ||
1. S 09° 13' 10" E, a distance of 54.75 feet to a calculated | ||
point; | ||
2. S 23° 18' 16" W, a distance of 74.94 feet to a calculated | ||
point; | ||
3. S 09° 31' 15" E, a distance of 198.72 feet to a calculated | ||
point; | ||
4. S 18° 28' 31" E, a distance of 104.92 feet to a calculated | ||
point; | ||
5. S 58° 04' 26" E, a distance of 31.63 feet to a calculated | ||
point; | ||
6. N 55° 45' 39" E, a distance of 26.05 feet to a calculated | ||
point; | ||
7. N 24° 59' 14" E, a distance of 25.04 feet to a calculated | ||
point; | ||
8. S 84° 56' 28" E, a distance of 39.13 feet to a calculated | ||
point; | ||
9. S 51° 08' 15" E, a distance of 47.14 feet to a calculated | ||
point; | ||
10. S 25° 48' 10" E, a distance of 72.89 feet to a calculated | ||
point; | ||
11. S 12° 07' 04" E, a distance of 180.70 feet to a calculated | ||
point; | ||
12. S 23° 51' 43" E, a distance of 317.32 feet to a calculated | ||
point; | ||
13. S 42° 38' 31" E, a distance of 163.23 feet to a calculated | ||
point; | ||
14. S 64° 08' 12" E, a distance of 139.03 feet to a calculated | ||
point; | ||
15. N 71° 03' 29" E, a distance of 193.00 feet to a calculated | ||
point; | ||
16. N 81° 44' 22" E, a distance of 139.94 feet to a calculated | ||
point for an ell corner of said 186 acre tract, an angle corner of | ||
said 72.486 acre tract and an ell corner of a called 125.158 acre | ||
tract, conveyed to Curtis A. Crenwelge and wife, Lucretia | ||
Crenwelge, in Volume 5587, Page 819, Official Public Records Bell | ||
County, Texas; | ||
THENCE, with the eastern line of said 186 acre tract and also being | ||
the western line of said 125.158 acre tract, S 21° 21' 41" E, | ||
passing at a distance of 103.05 feet a 5/8" iron rod found, in all a | ||
total distance of 1444.25 feet to a 40d nail found for the | ||
southeastern corner of said 186 acre tract, the southwestern corner | ||
of said 125.158 acre tract and also being on the northern line of | ||
said 1748.4 acre tract, Sixth Tract; | ||
THENCE, with the northern line of said 1748.4 acre tract, Sixth | ||
Tract and also being the southern line of said 125.158 acre tract, N | ||
68° 25' 26" E, passing at a distance of 2493.23 feet a 5/8" iron rod | ||
found, continuing for a total distance of 2675.91 feet to a 5/8" | ||
iron rod found for an ell corner of said 1748.4 acre tract, Sixth | ||
Tract, the southeastern corner of said 125.158 acre tract and also | ||
being on the western line of a called 75.016 acre tract, conveyed to | ||
7KX Investments, in Document No. 2021026448, Official Public | ||
Records Bell County, Texas; | ||
THENCE, with an eastern line of said 1748.4 acre tract, Sixth Tract | ||
and also being the western line of said 75.016 acre tract, S 21° 23' | ||
38" E, a distance of 309.03 feet to a 1" iron pipe found for an ell | ||
corner of said 1748.4 acre tract, Sixth Tract and also being the | ||
southwestern corner of said 75.016 acre tract; | ||
THENCE, with the northern line of said 1748.4 acre tract, Sixth | ||
Tract and also being the southern lines of the following tracts, | ||
said 75.016 acre tract, of a called 27.192 acre tract, Tract One, of | ||
a called 27.026 acre tract, Tract Two both conveyed to Paul R. | ||
Schoenrock and spouse Ginger Schoenrock, in Document | ||
No. 2011028942, Official Public Records Bell County, Texas, | ||
N 67° 41' 19" E, a distance of 2239.07 feet to a 1/2" iron rod with | ||
"2475" cap found for the apparent northeastern corner of said | ||
1748.4 acre tract, Sixth Tract, the apparent northwestern corner of | ||
said remainder of 434.08 acre tract, the southeastern corner of | ||
said 27.026 acre tract, Tract Two and also being the southwestern | ||
corner of a called 27.219 acre tract, conveyed to Janet May Kennedy, | ||
in Document No. 2010046246, Official Public Records Bell County, | ||
Texas; | ||
THENCE, with the northern line of said remainder of 434.08 acre | ||
tract and also being the southern line of said 27.219 acre tract, | ||
N 67° 39' 40" E, a distance of 447.21 feet to a 1/2" iron rod with | ||
"ATWELL LLC" cap set for the southeastern corner of said 27.219 acre | ||
tract and also being the southwestern corner of the remainder of a | ||
called 151.18 acre tract, conveyed to One Cow Ranch, L.P., in Volume | ||
5577, Page 597, Official Public Records Bell County, Texas; | ||
THENCE, with the northern line of said remainder of 434.08 acre | ||
tract and also being the southern line of said remainder of the | ||
151.18 acre tract, N 66° 03' 13" E, a distance of 1312.87 feet to a | ||
1/2" iron rod found for the southeastern corner of said remainder of | ||
the 151.18 acre tract and also being the southwestern corner of a | ||
called 21.489 acre tract, conveyed to Molly Stratton, in Document | ||
No. 2020024834, Official Public Records Bell County, Texas; | ||
THENCE, with the northern line of said remainder of 434.08 acre | ||
tract and also being the southern line of said 21.489 acre tract, | ||
N 69° 21' 12" E, a distance of 490.01 feet to a 4" cedar post found | ||
for the southeastern corner of said 21.489 acre tract and also being | ||
the southwestern corner of a called 30.000 acre tract, conveyed to | ||
Steve Campbell and Leslie Campbell, in Document No. 2013051645, | ||
Official Public Records Bell County, Texas; | ||
THENCE, with the northern line of said remainder of 434.08 acre | ||
tract and also being the southern line of said 30.000 acre tract, | ||
N 69° 24' 30" E, a distance of 851.37 feet to a 4" cedar post found | ||
for an ell corner of said remainder of 434.08 acre tract and also | ||
being the southeastern corner of said 30.000 acre tract; | ||
THENCE, with a western line of said remainder of 434.08 acre tract | ||
and also being the eastern line of said 30.000 acre tract, | ||
N 20° 16' 45" W, a distance of 1945.82 feet to a 6" pipe post found | ||
for an ell corner of said 434.08 acre tract, the northeastern corner | ||
of said 30.000 acre tract and also being on the said southern | ||
right-of-way line of Farm to Market Highway 2843 (right-of-way | ||
varies); | ||
THENCE, with the northern line of said remainder of 434.08 acre | ||
tract and also being the said southern right-of-way line of Farm to | ||
Market Highway 2843, S 71° 23' 16" E, a distance of 685.70 feet to | ||
the POINT OF BEGINNING. | ||
Containing 7,088.47 acres or 308,773,841 square feet, more or less. | ||
BEARING BASIS NOTE | ||
This project is referenced for all bearing and coordinate basis to | ||
the Texas State Plane Coordinate System NAD 83 (2011 adjustment), | ||
South Central Zone (4204). The grid to surface combined scale | ||
factor is 1.00013. | ||
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. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
7923, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7923.0307 to read as follows: | ||
Sec. 7923.0307. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(b) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 5367 was passed by the House on May 6, | ||
2023, by the following vote: Yeas 106, Nays 28, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 5367 was passed by the Senate on May | ||
21, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not | ||
voting. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |