Bill Text: TX SB2225 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the Cottonwood Creek Development District, the district's authority to issue bonds, and the district's authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-05-19 - Committee report printed and distributed [SB2225 Detail]
Download: Texas-2021-SB2225-Comm_Sub.html
| By: Eckhardt | S.B. No. 2225 | |
| (In the Senate - Filed April 26, 2021; April 27, 2021, read | ||
| first time and referred to Committee on Local Government; | ||
| May 19, 2021, reported adversely, with favorable Committee | ||
| Substitute by the following vote: Yeas 9, Nays 0; May 19, 2021, | ||
| sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR S.B. No. 2225 | By: Eckhardt | |
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| relating to the Cottonwood Creek Development District, the | ||
| district's authority to issue bonds, and the district's authority | ||
| to impose assessments, fees, and taxes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The district created by Travis County as the | ||
| Cottonwood Creek Water Control and Improvement District No. 3 is | ||
| renamed the Cottonwood Creek Development District. | ||
| SECTION 2. Subtitle X, Title 6, Special District Local Laws | ||
| Code, is amended by adding Chapter 11016 to read as follows: | ||
| CHAPTER 11016. COTTONWOOD CREEK DEVELOPMENT DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 11016.0101. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "County" means Travis County. | ||
| (3) "Director" means a board member. | ||
| (4) "District" means the Cottonwood Creek Development | ||
| District. | ||
| Sec. 11016.0102. NATURE OF DISTRICT. The Cottonwood Creek | ||
| Development District is a special district created under Section | ||
| 59, Article XVI, Texas Constitution. | ||
| Sec. 11016.0103. PURPOSE; DECLARATION OF INTENT. (a) The | ||
| creation of the district is essential to accomplish the purposes of | ||
| Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
| Texas Constitution, and other public purposes stated in this | ||
| chapter. | ||
| (b) By creating the district and in authorizing the county | ||
| and other political subdivisions to contract with the district, the | ||
| legislature has established a program to accomplish the public | ||
| purposes set out in Section 52-a, Article III, Texas Constitution. | ||
| (c) The creation of the district is necessary to promote, | ||
| develop, encourage, and maintain employment, commerce, | ||
| transportation, housing, tourism, recreation, the arts, | ||
| entertainment, economic development, safety, and the public | ||
| welfare in the district. | ||
| (d) This chapter and the creation of the district may not be | ||
| interpreted to relieve the county from providing the level of | ||
| services provided as of the effective date of the Act enacting this | ||
| chapter to the area in the district. The district is created to | ||
| supplement and not to supplant county services provided in the | ||
| district. | ||
| Sec. 11016.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||
| (a) All land and other property included in the district will | ||
| benefit from the improvements and services to be provided by the | ||
| district under powers conferred by Sections 52 and 52-a, Article | ||
| III, and Section 59, Article XVI, Texas Constitution, and other | ||
| powers granted under this chapter. | ||
| (b) The district is created to serve a public use and | ||
| benefit. | ||
| (c) The creation of the district is in the public interest | ||
| and is essential to further the public purposes of: | ||
| (1) developing and diversifying the economy of the | ||
| state; | ||
| (2) eliminating unemployment and underemployment; and | ||
| (3) developing or expanding transportation and | ||
| commerce. | ||
| (d) The district will: | ||
| (1) promote the health, safety, and general welfare of | ||
| residents, employers, potential employees, employees, visitors, | ||
| and consumers in the district, and of the public; | ||
| (2) provide needed funding for the district to | ||
| preserve, maintain, and enhance the economic health and vitality of | ||
| the district territory as a community and business center; | ||
| (3) promote the health, safety, welfare, and enjoyment | ||
| of the public by providing pedestrian ways and by landscaping and | ||
| developing certain areas in the district, which are necessary for | ||
| the restoration, preservation, and enhancement of scenic beauty; | ||
| and | ||
| (4) provide for water, wastewater, drainage, road, and | ||
| recreational facilities for the district. | ||
| (e) Pedestrian ways along or across a street, whether at | ||
| grade or above or below the surface, and street lighting, street | ||
| landscaping, parking, and street art objects are parts of and | ||
| necessary components of a street and are considered to be a street | ||
| or road improvement. | ||
| (f) The district will not act as the agent or | ||
| instrumentality of any private interest even though the district | ||
| will benefit many private interests as well as the public. | ||
| Sec. 11016.0105. INITIAL DISTRICT TERRITORY. (a) The | ||
| district is initially composed of the territory described by | ||
| Section 3 of the Act enacting this chapter. | ||
| (b) The boundaries and field notes contained in Section 3 of | ||
| the Act enacting this chapter form a closure. A mistake 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 bonds for the purposes | ||
| for which the district is created or to pay the principal of and | ||
| interest on the bonds; | ||
| (3) right to impose or collect an assessment or tax; or | ||
| (4) legality or operation. | ||
| Sec. 11016.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL | ||
| ZONES. All or any part of the area of the district is eligible to be | ||
| included in: | ||
| (1) a tax increment reinvestment zone created under | ||
| Chapter 311, Tax Code; or | ||
| (2) a tax abatement reinvestment zone created under | ||
| Chapter 312, Tax Code. | ||
| Sec. 11016.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
| DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
| Chapter 375, Local Government Code, applies to the district. | ||
| Sec. 11016.0108. CONSTRUCTION OF CHAPTER. This chapter | ||
| shall be liberally construed in conformity with the findings and | ||
| purposes stated in this chapter. | ||
| SUBCHAPTER B. POWERS AND DUTIES | ||
| Sec. 11016.0201. GENERAL POWERS AND DUTIES. The district | ||
| has the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 11016.0202. IMPROVEMENT PROJECTS AND SERVICES. (a) | ||
| The district, using any money available to the district for the | ||
| purpose, may provide, design, construct, acquire, improve, | ||
| relocate, operate, maintain, or finance an improvement project or | ||
| service authorized under this chapter or Chapter 375, Local | ||
| Government Code. | ||
| (b) The district may contract with a governmental or private | ||
| entity to carry out an action under Subsection (a). | ||
| (c) The implementation of a district project or service is a | ||
| governmental function or service for the purposes of Chapter 791, | ||
| Government Code. | ||
| Sec. 11016.0203. NONPROFIT CORPORATION. (a) The board by | ||
| resolution may authorize the creation of a nonprofit corporation to | ||
| assist and act for the district in implementing a project or | ||
| providing a service authorized by this chapter. | ||
| (b) The nonprofit corporation: | ||
| (1) has each power of and is considered to be a local | ||
| government corporation created under Subchapter D, Chapter 431, | ||
| Transportation Code; and | ||
| (2) may implement any project and provide any service | ||
| authorized by this chapter. | ||
| (c) The board shall appoint the board of directors of the | ||
| nonprofit corporation. The board of directors of the nonprofit | ||
| corporation shall serve in the same manner as the board of directors | ||
| of a local government corporation created under Subchapter D, | ||
| Chapter 431, Transportation Code, except that a board member is not | ||
| required to reside in the district. | ||
| Sec. 11016.0204. LAW ENFORCEMENT SERVICES. To protect the | ||
| public interest, the district may contract with a qualified party, | ||
| including the county, to provide law enforcement services in the | ||
| district for a fee. | ||
| Sec. 11016.0205. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. | ||
| The district may join and pay dues to a charitable or nonprofit | ||
| organization that performs a service or provides an activity | ||
| consistent with the furtherance of a district purpose. | ||
| Sec. 11016.0206. ECONOMIC DEVELOPMENT PROGRAMS. (a) The | ||
| district may engage in activities that accomplish the economic | ||
| development purposes of the district. | ||
| (b) The district may establish and provide for the | ||
| administration of one or more programs to promote state or local | ||
| economic development and to stimulate business and commercial | ||
| activity in the district, including programs to: | ||
| (1) make loans and grants of public money; and | ||
| (2) provide district personnel and services. | ||
| (c) The district may create economic development programs | ||
| and exercise the economic development powers provided to | ||
| municipalities by: | ||
| (1) Chapter 380, Local Government Code; and | ||
| (2) Subchapter A, Chapter 1509, Government Code. | ||
| Sec. 11016.0207. PARKING FACILITIES. (a) The district may | ||
| acquire, lease as lessor or lessee, construct, develop, own, | ||
| operate, and maintain parking facilities or a system of parking | ||
| facilities, including lots, garages, parking terminals, or other | ||
| structures or accommodations for parking motor vehicles off the | ||
| streets and related appurtenances. | ||
| (b) The district's parking facilities serve the public | ||
| purposes of the district and are owned, used, and held for a public | ||
| purpose even if leased or operated by a private entity for a term of | ||
| years. | ||
| (c) The district's parking facilities are parts of and | ||
| necessary components of a street and are considered to be a street | ||
| or road improvement. | ||
| (d) The development and operation of the district's parking | ||
| facilities may be considered an economic development program. | ||
| Sec. 11016.0208. ADDING OR EXCLUDING LAND. The district | ||
| may add or exclude land in the manner provided by Subchapter J, | ||
| Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code. | ||
| Sec. 11016.0209. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
| board by resolution shall establish the number of directors' | ||
| signatures and the procedure required for a disbursement or | ||
| transfer of district money. | ||
| Sec. 11016.0210. NO EMINENT DOMAIN POWER. The district may | ||
| not exercise the power of eminent domain. | ||
| SUBCHAPTER C. ASSESSMENTS | ||
| Sec. 11016.0301. PETITION REQUIRED FOR FINANCING SERVICES | ||
| AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a | ||
| service or improvement project with assessments under this chapter | ||
| unless a written petition requesting that service or improvement | ||
| has been filed with the board. | ||
| (b) A petition filed under Subsection (a) must be signed by | ||
| the owners of a majority of the assessed value of real property in | ||
| the district subject to assessment according to the most recent | ||
| certified tax appraisal roll for the county. | ||
| Sec. 11016.0302. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||
| The board by resolution may impose and collect an assessment for any | ||
| purpose authorized by this chapter in all or any part of the | ||
| district. | ||
| (b) An assessment, a reassessment, or an assessment | ||
| resulting from an addition to or correction of the assessment roll | ||
| by the district, penalties and interest on an assessment or | ||
| reassessment, an expense of collection, and reasonable attorney's | ||
| fees incurred by the district: | ||
| (1) are a first and prior lien against the property | ||
| assessed; | ||
| (2) are superior to any other lien or claim other than | ||
| a lien or claim for county, school district, or municipal ad valorem | ||
| taxes; and | ||
| (3) are the personal liability of and a charge against | ||
| the owners of the property even if the owners are not named in the | ||
| assessment proceedings. | ||
| (c) The lien is effective from the date of the board's | ||
| resolution imposing the assessment until the date the assessment is | ||
| paid. The board may enforce the lien in the same manner that the | ||
| board may enforce an ad valorem tax lien against real property. | ||
| (d) The board may make a correction to or deletion from the | ||
| assessment roll that does not increase the amount of assessment of | ||
| any parcel of land without providing notice and holding a hearing in | ||
| the manner required for additional assessments. | ||
| SUBCHAPTER D. TAXES AND BONDS | ||
| Sec. 11016.0401. TAX ELECTION REQUIRED. The district must | ||
| hold an election in the manner provided by Chapter 49, Water Code, | ||
| or, if applicable, Chapter 375, Local Government Code, to obtain | ||
| voter approval before the district may impose an ad valorem tax. | ||
| Sec. 11016.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized by a majority of the district voters voting at an | ||
| election under Section 11016.0401, the district may impose an | ||
| operation and maintenance tax on taxable property in the district | ||
| in the manner provided by Section 49.107, Water Code, for any | ||
| district purpose, including to: | ||
| (1) maintain and operate the district; | ||
| (2) construct or acquire improvements; or | ||
| (3) provide a service. | ||
| (b) The board shall determine the operation and maintenance | ||
| tax rate. The rate may not exceed the rate approved at the | ||
| election. | ||
| Sec. 11016.0403. AUTHORITY TO BORROW MONEY AND TO ISSUE | ||
| BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on | ||
| terms determined by the board. | ||
| (b) The district may issue bonds, notes, or other | ||
| obligations payable wholly or partly from ad valorem taxes, | ||
| assessments, impact fees, revenue, contract payments, grants, or | ||
| other district money, or any combination of those sources of money, | ||
| to pay for any authorized district purpose. | ||
| (c) The limitation on the outstanding principal amount of | ||
| bonds, notes, or other obligations provided by Section 49.4645, | ||
| Water Code, does not apply to the district. | ||
| Sec. 11016.0404. BONDS SECURED BY REVENUE OR CONTRACT | ||
| PAYMENTS. The district may issue, without an election, bonds | ||
| secured by: | ||
| (1) revenue other than ad valorem taxes, including | ||
| contract revenues; or | ||
| (2) contract payments, provided that the requirements | ||
| of Section 49.108, Water Code, have been met. | ||
| Sec. 11016.0405. BONDS SECURED BY AD VALOREM TAXES; | ||
| ELECTIONS. (a) If authorized at an election under Section | ||
| 11016.0401, the district may issue bonds payable from ad valorem | ||
| taxes. | ||
| (b) Section 375.243, Local Government Code, does not apply | ||
| to the district. | ||
| (c) 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 annual ad valorem tax, without | ||
| limit as to rate or amount, for each year that all or part of the | ||
| bonds are outstanding as required and in the manner provided by | ||
| Sections 54.601 and 54.602, Water Code. | ||
| (d) All or any part of any facilities or improvements that | ||
| may be acquired by a district by the issuance of its bonds may be | ||
| submitted as a single proposition or as several propositions to be | ||
| voted on at the election. | ||
| Sec. 11016.0406. CONSENT OF MUNICIPALITY REQUIRED. (a) | ||
| The board may not issue bonds 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. | ||
| (b) This section applies only to the district's first | ||
| issuance of bonds payable from ad valorem taxes. | ||
| SUBCHAPTER I. DISSOLUTION | ||
| Sec. 11016.0901. DISSOLUTION. (a) The board shall | ||
| dissolve the district on written petition filed with the board by | ||
| the owners of: | ||
| (1) 66 percent or more of the assessed value of the | ||
| property subject to assessment by the district based on the most | ||
| recent certified county property tax rolls; or | ||
| (2) 66 percent or more of the surface area of the | ||
| district, excluding roads, streets, highways, utility | ||
| rights-of-way, other public areas, and other property exempt from | ||
| assessment by the district according to the most recent certified | ||
| county property tax rolls. | ||
| (b) The board by majority vote may dissolve the district at | ||
| any time. | ||
| (c) The district may not be dissolved by its board under | ||
| Subsection (a) or (b) if the district: | ||
| (1) has any outstanding bonded indebtedness until that | ||
| bonded indebtedness has been repaid or defeased in accordance with | ||
| the order or resolution authorizing the issuance of the bonds; | ||
| (2) has a contractual obligation to pay money until | ||
| that obligation has been fully paid in accordance with the | ||
| contract; or | ||
| (3) owns, operates, or maintains public works, | ||
| facilities, or improvements unless the district contracts with | ||
| another person for the ownership, operation, or maintenance of the | ||
| public works, facilities, or improvements. | ||
| (d) Sections 375.261, 375.262, and 375.264, Local | ||
| Government Code, do not apply to the district. | ||
| SECTION 3. The Cottonwood Creek Development District | ||
| initially includes all territory contained in the following area: | ||
| LEGAL DESCRIPTION OF TRACT 1: BEING A 333.016 ACRE TRACT OF LAND | ||
| LYING IN AND BEING SITUATED OUT OF THE JOHN B. WALTERS 1/2 LEAGUE, | ||
| ABSTRACT 67, ALL IN BASTROP COUNTY, TEXAS AND ALL OF THAT CERTAIN | ||
| 332.16 ACRE TRACT OF LAND CONVEYED TO DAVID C. McFARLAND AND WIFE, | ||
| ANN L. McFARLAND AND TO JOHN B. McFARLAND AND WIFE, JILL S. | ||
| McFARLAND BY DEED RECORDED IN VOLUME 1591, PAGE 792, OF THE DEED | ||
| RECORDS OF BASTROP COUNTY, TEXAS; SAID 333.016 ACRE TRACT BEING | ||
| MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||
| BEGINNING at an 1/2" iron rod set in the southwesterly right-of-way | ||
| (80') line of F.M. Highway 969 for the east corner hereof and said | ||
| 332.16 acre tract and the north corner of that certain 120.411 acre | ||
| tract of land conveyed to Gladys Ott Smith by will recorded in | ||
| Volume 1167, Page 332 of said deed records; | ||
| THENCE S 29°36'25" W, passing an iron rod set for reference at a | ||
| distance of 1892.00 feet, passing an iron rod set for reference at a | ||
| distance of 2339.00 feet, passing an iron rod set for reference at a | ||
| distance of 7995.00 feet and continuing for a total distance of | ||
| 8338.55 feet to a calculated point at the bank of the Colorado River | ||
| for the southerly corner hereof: | ||
| THENCE upstream with the bank of the Colorado River the following | ||
| ten (10) calls: | ||
| 1. S. 68°05'46" W a distance of 15.71 feet; | ||
| 2. S 70°41'19" W a distance of 210.13 feet; | ||
| 3. S 72°18'11" W a distance of 319.41 feet; | ||
| 4. S 76°33'49" | ||
| 5. S 75°1 902" | ||
| 6. S 72°1 5'30" | ||
| 7. S 76°40'54" | ||
| 8. S 74°29'04" | ||
| 9. N 89°26'l 6" | ||
| 10. N 77°18'06" W a distance of 234.11 feet to the westerly corner | ||
| of said 332.19 acre tract and the southerly corner of that certain | ||
| 730.604 acre tract of land conveyed to David McFarland and Ann L. | ||
| McFarland by deed recorded in Volume 802, Page 648 of said deed | ||
| records; | ||
| THENCE with the common line of said tracts the following eleven (11) | ||
| calls; | ||
| 1. N 22°14'26" E a distance of 150.57 feet to an angle point; | ||
| 2. N 30°58'19" E a distance of 512.26 feet to an angle point; | ||
| 3. N 28°40'38" E a distance of 661.87 feet to an angle point; | ||
| 4. N 31°34'34" E a distance of 356.38 feet to an angle point; | ||
| 5. N 30°15'17" E a distance of 1609.17 feet to an angle point; | ||
| 6. N 30°08'09" E a distance of 956.68 feet to an angle point; | ||
| 7. N 30°19'48" E a distance of 1602.84 feet to an angle point; | ||
| 8. N 30°37'25" E a distance of 1614.59 feet to an angle point; | ||
| 9. N 30°44'51" E a distance of 1726.19 feet to an angle point; | ||
| 10. N 30°02'04" E a distance of 412.63 feet to an angle point; | ||
| 11. N 31°06'04" E a distance of 764.32 feet to a point on the | ||
| curving southwesterly right-of-way (80') line of F.M. Highway 969 | ||
| for the northerly corner hereof and easterly corner of said 730.604 | ||
| acre tract; | ||
| THENCE along said right-of-way line the following three (3) calls: | ||
| 1. a length of 302.29 feet along the arc of said curving line to | ||
| the left having a radius of 2905.07 feet and a chord bearing S | ||
| 35°40'17" E a distance of 302.16 feet to an iron rod set for | ||
| endpoint; | ||
| 2. S 38°27'50" E a distance of 670.86 feet to a concrete | ||
| right-of-way monument found (broken) for angle point; | ||
| 3. S 38°24'38" E a distance of 609.51 feet to the POINT OF BEGINNING | ||
| for TRACT 1, containing 333.016 acres of land, more or less. | ||
| LEGAL DESCRIPTION OF TRACT 2: BEING A 712.931 ACRE TRACT OF LAND | ||
| LYING IN AND BEING SITUATED OUT OF THE MARTIN WELLS LEAGUE, ABSTRACT | ||
| 68 AND THE JOHN B. WALTERS 1/2 LEAGUE, ABSTRACT 67, ALL IN BASTROP | ||
| COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 730.604 ACRE TRACT | ||
| OF LAND CONVEYED TO DAVID McFARLAND AND ANN L. McFARLAND BY DEED | ||
| RECORDED IN VOLUME 802, PAGE 648 OF THE DEED RECORDS OF BASTROP | ||
| COUNTY, TEXAS; SAID 712.931 ACRE TRACT BEING MORE PARTICULARLY | ||
| DESCRIBED AS FOLLOWS: | ||
| BEGINNING at an iron rod set on the southwesterly right-of-way | ||
| (100') line of F.M. Highway 969 for the northerly corner hereof and | ||
| said 730.604 acre tract and the easterly corner of that portion of | ||
| that certain 568.24 acre tract of land, lying southwesterly of F.M. | ||
| Highway 969, conveyed to James Robert Glass by deed recorded in | ||
| Volume 815, Page 212 of said deed records; | ||
| THENCE along said right-of-way line the following three (3) calls: | ||
| 1. S 42°03'46" E a distance of 604.42 feet to a concrete | ||
| right-of-way monument found for point of curvature of a curve to the | ||
| right; | ||
| 2. a length of 1150.28 feet along the arc of said curve having a | ||
| radius of 2242.02 feet and a chord bearing S 27°19' 52" E a distance | ||
| of 1137.70 feet to a concrete right-of-way monument found for | ||
| endpoint; | ||
| 3. S 12°40'40" E a distance of 434.98 feet to an iron rod set for | ||
| corner; | ||
| THENCE S 65°24'48" W a distance of 1035.58 feet to an iron rod set | ||
| for angle point; | ||
| THENCE S 06°51 '23" W a distance of 137.70 feet to an iron rod set for | ||
| angle point; | ||
| THENCE S 40°04'29" E a distance of 848.49 feet to an iron rod set for | ||
| corner; | ||
| THENCE N 58°13'34" E a distance of 718.24 feet to an iron rod set for | ||
| corner on the curving southwesterly right-of-way (80') line of F.M. | ||
| Highway 969; | ||
| THENCE an arc length of 973.80 feet along said curving line to the | ||
| left having a radius of 2905.07 feet and a chord bearing S 23°05'15" | ||
| E, a distance of 969.24 feet a point for the easterly corner hereof | ||
| and said 730.604 acre tract and the northerly corner of that certain | ||
| 332.16 acre tract of land conveyed to David McFarland and Ann L. | ||
| McFarland by deed recorded in Volume 1591, Page 792 of said deed | ||
| records; | ||
| THENCE with the southeasterly line of said 730.604-acre tract and | ||
| the northwesterly line of said 332.16-acre tract the following | ||
| eleven (11) calls; | ||
| 1. S 31°06'04" E a distance of 764.32 feet to an angle point; | ||
| 2. S 30°02'04" W a distance of 412.63 feet to an angle point; | ||
| 3. S 30°44'51" W a distance of 1726.19 feet to an angle point; | ||
| 4. S 30°37'25" W a distance of 1614.59 feet to an angle point; | ||
| 5. S 30°19'48" W a distance of 1602.84 feet to an angle point; | ||
| 6. S 30°08'09" W a distance of 956.68 feet to an angle point; | ||
| 7. S 30°15'17" W a distance of 1609.17 feet to an angle point; | ||
| 8. S 31°34'34" W a distance of 356.38 feet to an angle point; | ||
| 9. S 28°40'38" W a distance of 661.87 feet to an angle point; | ||
| 10. S 30°58'19" W a distance of 512.26 feet to an angle point; | ||
| 11. S 22°14'26" W a distance of 150.57 feet to a calculated point on | ||
| the bank of the Colorado River for the southerly corner of said | ||
| 730.604 acre tract and westerly corner of said 332.16 acre tract; | ||
| THENCE upstream with the bank of the Colorado River the following | ||
| six (6) calls: | ||
| 1. N 24°20'08" W a distance of 106.90 feet; | ||
| 2. N 32°30'02" W a distance of 142.41 feet; | ||
| 3. N 42°12'30" W a distance of 150.29 feet; | ||
| 4. N 43°37'12" W a distance of 118.46 feet; | ||
| 5. N 51°30'51" W a distance of 307.97 feet; | ||
| 6. N 60°48'22" W a distance of 134.11 feet; | ||
| THENCE along an oxbow of said river and a common line with that | ||
| certain 568.24-acre tract of land conveyed to James Robert Glass by | ||
| deed recorded in Volume 815, Page 212 of said deed records the | ||
| following eighteen (18) calls: | ||
| 1. N 11°25'33" E a distance of 167.37 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 2. N 10°14'33" E a distance of 144.86 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 3. N 18°36'33" E a distance of 141.53 feet to an iron rod set for | ||
| angle point; | ||
| 4. N 20°25'26" E a distance of 46.08 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 5. N 26°58'14" E a distance of 221.23 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 6. N 23°58'15" E a distance of 41.71 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 7. N 22°13'48" E a distance of 139.29 feet to an iron rod set for | ||
| angle point; | ||
| 8. N 13°07'49" E a distance of 258.86 feet to an iron rod set for | ||
| angle point; | ||
| 9. N 39°28'49" E a distance of 177.48 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 10. N 23°04'49" E a distance of 204.45 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 11. N 19°53'17" E a distance of 319.35 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 12. N 01°14'18" W a distance of 341.43 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 13. N 16°16'05" W a distance of 725.25 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 14. N 26°04'05" W a distance of 363.54 feet to an iron rod set for | ||
| angle point; | ||
| 15. N 31°08'03" W a distance of 99.92 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 16. N 50°26'16" W a distance of 406.32 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 17. N 53°23'21" W a distance of 60.55 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 18. N 15°56'53" W a distance of 50.48 feet to a 1/2" iron rod found | ||
| for a westerly corner hereof and said 730.604 acre tract; | ||
| THENCE with the northwest line hereof and said 730.604-acre tract, | ||
| common with said Glass tract the following eighteen (18) calls: | ||
| 1. N 29°33'10" E a distance of 340.46 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 2. N 29°53'53" E a distance of 1549.29 feet to an iron rod set for | ||
| angle point; | ||
| 3. N 29°38'56" E a distance of 1707.39 feet to an iron rod set for | ||
| angle point; | ||
| 4. N 29°27'56" E a distance of 1615.65 feet to an iron rod set for | ||
| angle point; | ||
| 5. N 28°58'56" E a distance of 633.34 feet to a nail in 16" Elm tree | ||
| found for angle point; | ||
| 6. N 29°21'56" E a distance of 493.44 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 7. N 27°30'16" E a distance of 75.97 feet to an iron rod set for | ||
| angle point; | ||
| 8. N 29°29'31" E a distance of 302.68 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 9. N 29°55'31" E a distance of 204.28 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 10. N 29°17'08" E a distance of 730.72 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 11. N 29°37'10" E a distance of 606.68 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 12. N 33°36'44" E a distance of 118.26 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 13. N 28°49'08" E a distance of 135.05 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 14. N 28°37'00" E a distance of 461.78 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 15. N 26°13'03" E a distance of 92.86 feet to a 1/2" iron rod found | ||
| for angle point; | ||
| 16. N 40°13'32" E a distance of 46.46 feet to a nail found in 4" Elm | ||
| tree for angle point; | ||
| 17. N 62°33'46" E a distance of 73.21 feet to a nail found in 9" Elm | ||
| tree for angle point; | ||
| 18. N 28°19'46" E a distance of 388.67 feet to the POINT OF | ||
| BEGINNING of TRACT 2, containing 712.931 acres of land, more or | ||
| less. | ||
| LEGAL DESCRIPTION OF TRACT 3: BEING AN 18.846 ACRE TRACT OF LAND | ||
| LYING IN AND BEING SITUATED OUT OF THE MARTIN WELLS LEAGUE, ABSTRACT | ||
| 68 AND THE JOHN B. WALTERS 1/2 LEAGUE, ABSTRACT 67, ALL IN BASTROP | ||
| COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 730.604 ACRE TRACT | ||
| OF LAND CONVEYED TO DAVID C. McFARLAND AND ANN L. McFARLAND BY DEED | ||
| RECORDED IN VOLUME 802, PAGE 648 OF THE DEED RECORDS OF BASTROP | ||
| COUNTY, TEXAS; SAID 18.846 ACRE TRACT BEING MORE PARTICULARLY | ||
| DESCRIBED AS FOLLOWS: | ||
| BEGINNING at an iron rod set on the southwesterly right-of-way | ||
| (100') line of F.M. Highway 969 for the northerly corner hereof and | ||
| said 730.604 acre tract and the easterly corner of that portion of | ||
| that certain 568.24 acre tract of land, lying southwesterly of F.M. | ||
| Highway 969, conveyed to James Robert Glass by deed recorded in | ||
| Volume 815, Page 212 of said deed records; | ||
| THENCE along said right-of-way line the following three (3) calls: | ||
| 1. S 42°03'46" E a distance of 604.42 feet to a concrete | ||
| right-of-way monument found for point of curvature of a curve to the | ||
| right; | ||
| 2. a length of 1150.28 feet along the arc of said curve having a | ||
| radius of 2242.02 feet and a chord bearing S 27°19'52" E a distance | ||
| of 1137.70 feet to a concrete right-of-way monument found for | ||
| endpoint; | ||
| 3. S 12°40'40" E a distance of 434.98 feet to an iron rod set for | ||
| the POINT OF BEGINNING and northerly corner of the herein described | ||
| 18.846 acre tract; | ||
| THENCE continuing with said right-of-way line the following four | ||
| (4) calls: | ||
| 1. S 12°40'40" E a distance of 378.84 feet to a concrete monument | ||
| found for an ell corner; | ||
| 2. N 79°35'25" E a distance of 9.76 feet to a concrete monument | ||
| found for an ell corner; | ||
| 3. S 12°38'54" E a distance of 439.50 feet to a concrete | ||
| right-of-way monument found for the beginning of a curve to the | ||
| left; | ||
| 4. an arc length of 43.09 feet along said curve to the left having | ||
| a radius of 2905.07 feet and a chord bearing S 13°03'34" E, a | ||
| distance of 43.09 feet to a 1/2" iron rod set for the easterly | ||
| corner hereof; | ||
| THENCE crossing said 730.604-acre tract the following four (4) | ||
| calls: | ||
| 1. S 58°13'34" W a distance of 718.24 feet to a 1/2" iron rod set | ||
| for the southerly corner hereof; | ||
| 2. N 40°04'29" W a distance of 848.49 feet to a 1/2" iron rod set | ||
| for angle point; | ||
| 3. N 06°51'23" E a distance of 137.70 feet to a 1/2" iron rod set | ||
| for angle point; | ||
| 4. N 65°24'48" E a distance of 1035.58 feet to the POINT OF | ||
| BEGINNING, containing 18.846 acres of land, more or less. | ||
| LEGAL DESCRIPTION OF TRACT 4: BEING A 412.010 ACRE TRACT OR PARCEL | ||
| OF LAND OUT OF AND BEING A PART OF THE JOHN JONES SURVEY, A-210, IN | ||
| BASTROP COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT SAID TO | ||
| CONTAIN 164 ACRES IN A DEED FROM MELBA L. SIMIELE TO BYRON H. | ||
| SIMIELE, DATED MAY 20, 2003, RECORDED IN VOLUME 1333, PAGE 739, | ||
| BASTROP COUNTY DEED RECORDS; BEING A PART OF THAT CERTAIN 49.496 | ||
| ACRE TRACT DESCRIBED IN A DEED FORM BILLIE JEAN KRYNIK, ET AL, TO | ||
| MICKEY J. MALONE AND WIFE, VALERIE L. MALONE, RECORDED IN VOLUME | ||
| 722, PAGE 560, BASTROP COUNTY DEED RECORDS AND BEING ALL THAT | ||
| CERTAIN 5.949 ACRE TRACT DESCRIBED IN A DEED FROM CHARLES BERT | ||
| CARLISLE, ET UX, TO MICKEY J. MALONE, ET UX, RECORDED IN VOLUME 775, | ||
| PAGE 611, BASTROP COUNTY DEED RECORDS AND BEING ALL OF THAT CERTAIN | ||
| 185.027 ACRE TRACT DESCRIBED IN A DEED FROM CHARLES BERT CARLISLE | ||
| AND WILE, BENNIE R. CARLISLE, TO JOHN SABOL AND PRISCILLA BOHOT, | ||
| RECORDED IN VOLUME 1394, PAGE 695, BASTROP COUNTY DEED RECORDS. | ||
| SAID 164 ACRE TRACT UPON RE-SURVEY FOUND TO CONTAIN 177.476 ACRES | ||
| AND SAID MALONE 5.949 ACRE AND 49.496 ACRE RESIDUE TRACT UPON | ||
| RE-SURVEY FOUND TO CONTAIN 49.496 ACRES. SAID 185.027 ACRE TRACT | ||
| BEING A PART OF THAT CERTAIN 166.578 ACRE TRACT AND ALL OF THAT | ||
| CERTAIN 4.027 ACRE TRACT DESCRIBED IN A RECEIVERS DEED TO CHARLES | ||
| BERT CARLISLE, ET UX, RECORDED IN VOLUME 677, PAGE 553, BASTROP | ||
| COUNTY DEED RECORDS AND PART OF THAT CERTAIN 13.637 ACRE TRACT | ||
| DESCRIBED IN A DEED FROM BILLIE JEAN SMITH KRYNIK, ET AL, TO CHARLES | ||
| BERT CARLISLE, ET UX, RECORDED IN VOLUME 722, PAGE 571, BASTROP | ||
| COUNTY DEED RECORDS AND ALL THAT CERTAIN 5.949 ACRE TRACT DESCRIBED | ||
| IN A DEED FROM MICKEY J. MALONE, ET UX, TO CHARLES BERT CARLISLE, ET | ||
| UX, RECORDED IN VOLUME 775, PAGE 620, BASTROP COUNTY DEED RECORDS. | ||
| SAID SABOL 185.027 ACRE TRACT BEING RE-SURVEY BY THE UNDERSIGNED | ||
| INTO TWO TRACTS OF 181.041 ACRES AND 4.027 ACRES. HEREIN DESCRIBED | ||
| TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES | ||
| AND BOUNDS AS FOLLOWS: | ||
| BEGINNING at a 5/8 inch iron rod set on the low bank of the Colorado | ||
| River, the most westerly corner of that certain 18.59 acre tract | ||
| described In a deed from the Veteran's Land Board of Texas to | ||
| Kendall S. Thomas, et al, recorded In Volume 1224, Page 865, Bastrop | ||
| County Deed Records for the most northerly corner of this tract and | ||
| surveyed 177.476 acre tract. | ||
| THENCE with the southwest line of the Thomas 18.59 acre tract, S 42 | ||
| deg. 32 min 19 sec. E, at 179.77 feet pass a 5/8 inch iron rod set | ||
| for reference at a fence post, in al1 1092.23 feet to a 60d nail set | ||
| In S fence corner post, an angle corner of the Thomas 18.59 acre | ||
| tract and north corner of that certain 16.55 acre tract described in | ||
| a deed from the Veteran's Land Board of Texas to Kendall S. Thomas, | ||
| et al, recorded in Volume 729, Page 359, Bastrop County Deed Records | ||
| For the east or southeast corner of this tract and surveyed 177.476 | ||
| acre tract. | ||
| THENCE with the north or northwest line of the Thomas 16.55 acre | ||
| tract and south line of the: 177.476 acre tract, S 60 deg. 41 min. 53 | ||
| sec. W, 828.24 feet to the west or northwest corner of same, an axle | ||
| found at a fence corner, the north or northeast corner of that | ||
| certain 39.981 acre tract described in a deed from Kimberly Waynell | ||
| Hock, et ux, to R.L. Wyatt, III, recorded in Volume 1147, Page 235, | ||
| Bastrop County Deed Records for an angle corner of this tract. | ||
| THENCE with the north line of the Wyatt 39.981 acre tract and south | ||
| line of the 177.476 acre tract, S 61 deg. 04 min. 05 sec. W, 1559.23 | ||
| feet to the northwest corner of same, a 5/8 inch iron rod round at a | ||
| fence corner, the northeast corner of that certain 49.496 acre | ||
| tract described in a deed from Billie Jean Smith Krynik et aI, to | ||
| Mickey J. Malone, et ux, recorded In Volume 722, Page 560, Bastrop | ||
| County Deed Records for an interior corner of this tract. | ||
| THENCE with the southwest line of the Wyatt 39.981 acre tract and | ||
| northeast line of the 49.496 acre tract, S 41 deg. 47 min. 56 sec. E, | ||
| 1318.00 feet to a 5/8 inch iron rod found at a fence corner in the | ||
| northwest line of Pope Bend Road, the east corner of the Malone | ||
| tract for an angle corner of this tract. | ||
| THENCE with the northwest line of Pope Bend Road and southeast line | ||
| of said 49.496 acre tract, S 48 deg. 15 mm. 21 sec. W, 1452.65 feet | ||
| to a 5/8 inch iron rod found near a fence corner, the east corner of | ||
| the before mentioned 5.949 acre tract described in a deed from | ||
| Mickey J. Malone, et ux, to Charles Bert Carlisle, the east corner | ||
| of the before mentioned 185.027 acre tract, the surveyed Malone | ||
| 49.496 acre tract for an angle corner of this tract. | ||
| THENCE with the northwest line of Pope Bend Road and southeast line | ||
| of the Carlisle 5.949 acre and before mentioned 166.578 acre tract, | ||
| S 48 deg. 15 min. 21 sec. W, 379.14 feet to a 5/8 inch iron rod found | ||
| at the south corner of the 5.949 acre tract and east corner of the | ||
| 166.578 acre tract, continuing S 47 deg. 04 min. 50 sec. W, 512.00 | ||
| feet; S 48 deg. 31 mm. 24 sec. W, 1087.00 feet to a 5/8 inch iron rod | ||
| found at the east corner of that certain 125.364 acre tract | ||
| described In a deed from the Estate of James C. Walker to Robbie R. | ||
| Raemsch, et ux, recorded in Volume 677, Page 571, Bastrop County | ||
| Deed Records, the most easterly south corner of the 166.578 acre | ||
| tract and surveyed 181.041 acre tract for the most easterly south | ||
| corner of this tract. | ||
| THENCE with the northeast line of the Raemsch 125.364 acre tract and | ||
| lower southwest line of the 166.578 acre tract, N 42 deg. 15 min. 18 | ||
| sec. W, 2131.96 feet to a leaf spring found at a fence corner, the | ||
| north corner of the Raemsch 125.369 acre tract, an interior corner | ||
| of the 166.578 acre tract and surveyed 181.041 acre tract for an | ||
| interior corner of this tract. | ||
| THENCE with the northwest line of the Raemsch 125.364 acre tract, an | ||
| upper southeast line of the 166.578 acre tract, S 47 deg. 40 min. 57 | ||
| sec. W, 2457.09 feet to a 5/8 inch iron rod found where same | ||
| intersects the center of a Ravine, an angle corner of that certain | ||
| 89.704 acre tract described in a deed form James Borglum to Julie | ||
| Salem, recorded in Volume 709, Page 378, Bastrop County Deed | ||
| Records, the most westerly south corner of the said 166.578 acre | ||
| tract and surveyed 181.041 acre tract, the most westerly south | ||
| corner of this tract from which a 5/8 inch iron rod found at the west | ||
| corner of the Raemsch tract bears S 47 deg. 40 min. 57 sec. W, 80.04 | ||
| feet. | ||
| THENCE with the center of said ravine, the east line of the Salem | ||
| 89.704 acre tract and west line of the 166.578 acre tract, N 12 deg. | ||
| 00 mm. 12 sec. E, 165.53 feet to a 1/2 inch iron rod found; N 22 deg. | ||
| 30 min. 40 sec. W, 43.05 feet to a 1/2 inch iron rod found; N 04 deg. | ||
| 30 min. 46 sec. E, 30.91 feet to a 1/2 inch iron rod found; N 46 deg. | ||
| 54 min. 46 sec. W, 78.48 feet to a 1/2 inch iron rod found; N 15 deg. | ||
| 28 min. 03 sec. W, 59.77 feet to a 1/2 inch iron rod found; N 59 deg. | ||
| 43 mm. 17 sec. W, 41.43 feet to a 1/2 inch iron rod found; N 08 deg. | ||
| 08 min. 31 sec. W, 54.50 feet to a 1/2 inch iron rod found; N 75 deg. | ||
| 55 mm. 10 sec. W, 74.92 feet to a 1/2 inch iron rod found; N 02 deg. | ||
| 48 min. 33 sec. W, 45.72 feet to a 1/2 inch iron rod found; N 66 deg. | ||
| 53 min. 01 sec. W, 37.12 feet to a 1/2 inch iron rod found; N 01 deg. | ||
| 33 min. 05 sec. W, 69.78 feet to a 1/2 inch iron rod found; N 28 deg. | ||
| 04 min. 35 sec. W, 80.75 feet to a 1/2 inch iron rod found; N 13 deg. | ||
| 19 min. 12 sec. W, 148.84 feet to a 1/2 inch iron rod found; N 09 | ||
| deg. 25 min. 37 sec. E, 89.94 feet to a 1/2 inch iron rod found; N 29 | ||
| deg. 42 min. 15 sec. W, 49.86 feet to a 1/2 inch iron rod found; N 08 | ||
| deg. 21 min. 56 sec. E, 53.01 feet to a 1/2 inch iron rod found; N 38 | ||
| deg. 54 min. 37 sec. W, 69.96 feet to a 1/2 inch iron rod found; N 08 | ||
| deg. 08 min. 10 sec. E, 95.86 feet to a 1/2 inch iron rod found; N 25 | ||
| deg. 10 min. 40 sec. W, 110.34 feet to a 1/2 inch iron rod found; N | ||
| 08 deg. 05 min. 00 sec. E, 134.44 feet to a 1/2 inch iron rod found; | ||
| N 19 deg. 35 min. 44 sec W, 91.54 feet to a 1/2 inch iron rod found; N | ||
| 34 deg. 23 mm. 34 sec. E, 60.04 feet to a 1/2 inch iron rod found | ||
| where same intersects the center of another ravine, an interior | ||
| corner of the Salem 89.704 acre tract, an angle corner of the said | ||
| 166.578 acre tract for an angle corner of this tract. | ||
| THENCE with the center of the last mentioned ravine, N 60 deg. 44 | ||
| min. 09 sec. E, 97.04 feet to a point for an angle corner of this | ||
| tract. | ||
| THENCE leaving said ravine with the common line of the Salem 87.704 | ||
| acre tract and said 166.578 acre tract, S 67 deg. 40 min. 43 sec. E, | ||
| 203.24 feet to a 60d nail found in a fence corner post; S 68 deg. 20 | ||
| min. 19 sec. E, 98.21 feet to a 60d nail found in a 14 inch | ||
| hackberry; S 85 deg. 32min. 18 sec. E, 61.46 feet to a 60d nail found | ||
| in a fence corner post; S 72 deg. 12 min. 13 sec. E, 134.57 feet to a | ||
| 1/2 inch iron rod found; N 83 deg. 26 min. 21 sec. E, 173.40 feet to | ||
| a 1/2 inch iron rod found; N 25 deg. 46 min. 17 sec. E, 308.95 feet | ||
| to a fence angle post; N 13 deg. 03 min. 57 sec. E, 297.18 feet to a 4 | ||
| inch mesquite; N 01 deg. 02 mm. 30 sec. E, 74.39 feet to a 60d nail | ||
| found in a 20 inch cedar; N 01 deg. 10 min. 52 sec. W, 235.42 feet to | ||
| a 60d nail found in a fence post; N 45 deg. 05 min. 55 sec W, 40.51 | ||
| feet to a 60d nail found in a fence post; N 30 deg. 30 min. 06 sec. E, | ||
| 45.20 feet to a 60d nail found In a fence post; N 10 deg. 08 min. 13 | ||
| sec. W, 267.96 feet to a fence post; N 03 deg. 23 min. 01 sec. W, | ||
| 93.78 feet to a 60d nail found in a fence post; N 10 deg. 08 min. 13 | ||
| sec. W, 267.96 feet to a fence post; N 03 deg. 23 min. 01 sec, W, | ||
| 93.78 feet to a 60d nail found in a 6 inch elm; N 22 deg. 11 min. 08 | ||
| sec, 75.45 feet to a 60d nail found in a fence post; N 01 deg. 42 | ||
| min. 11 sec. E, 231.59 feet to a 60d nail found In a 10 inch elm; N 03 | ||
| deg. 57 min. 45 sec. W, 47.13 feet to a 60d nail found in a 10 inch | ||
| elm; N 02 deg. 02 min. 04 sec. F, 91.46 feet to a 5/8 inch iron rod | ||
| found where same intersects the old down fence for an angle corner | ||
| of this tract. Said point being the southwest corner of the before | ||
| mentioned 4.027 acre tract. | ||
| THENCE with a fence line along the west line of the 4,027 acre | ||
| tract, N 02 deg. 02 min. 04 sec. E, 49.63 feet to a 1/2 inch iron rod | ||
| found at a fence corner; N 47 deg. 26 min. 38 sec. E, 178.31 feet to | ||
| a 1/2 inch iron rod found at a fence corner; N 42 deg. 36 min. 35 | ||
| sec. E, 38.12 feet to a 1/2 inch iron rod found; N 07 deg. 24 min. 36 | ||
| sec. E, 69.00 feet to a 1/2 inch iron rod found; N 13 deg. 13 min. 12 | ||
| sec. W, 110.47 feet to a 1/2 inch iron rod found; N 10 deg. 21 min. | ||
| 49 sec. W, 59.80 feet to a 1/2 iron rod found; N 08 deg. 32 min. 11 | ||
| sec. W, 71.23 feet to a 1/2 inch iron rod found; N 22 deg. 06 min. 13 | ||
| sec. W, 23.98 feet to a 1/2 inch iron rod found; N 07 deg. 49 min. 15 | ||
| sec. W, 21.29 feet to a 1/2 inch iron rod found; N 07 deg. 50 min. 11 | ||
| sec. E, 150.09 feet to a 1/2 inch iron rod found at a fence corner | ||
| for the northwest corner of this tract. | ||
| THENCE continuing with said fence along the north line of said 4,027 | ||
| acre tract, S 59 deg. 59 min. 10 sec. E, 75.63 feet to a 60d nail | ||
| found at a 6 inch elm; S 68 deg. 52 min. 32 sec. E, 117.17 feet to a | ||
| 60d nail found at a 12 inch elm; N 85 deg. 11 min. 47 sec. E, 207.14 | ||
| feet to a 60d nail found at a 40 inch elm; N 63 deg. 28 min. 45 sec. | ||
| E, 114.94 feet to a 5/8 inch iron rod found for the low bank of the | ||
| Colorado River for an angle corner of this tract. | ||
| THENCE with the meanders of the low bank of the Colorado River, S 81 | ||
| deg. 50 min. 32 sec. F, 179.25 feet; S 82 deg. 31 min. 26 sec. E, | ||
| 113.09 feet to a 1/2 inch iron rod found at the east corner of the | ||
| said 4.027 acre tract common with a corner of the 166.578 acre and | ||
| surveyed 181.041 acre tract. | ||
| THENCE continuing with the meanders of the low bank of the Colorado | ||
| River and a north line of the 166.578 acre and 181.041 acre tract, S | ||
| 82 deg. 31 min. 26 sec. E, 67.07 feet to a point; S 87 deg. 11 min. 45 | ||
| sec. E, 64.40 feet to a point where same intersects the center of a | ||
| Ravine known as Hatherly-Walker Branch, the northwest corner of the | ||
| before mentioned 177.476 acre tract, the northeast corner of the | ||
| 166.578 acre and 181.041 acre tract for an angle corner of this | ||
| tract. | ||
| THENCE with the meanders of the low bank of the Colorado River, N 80 | ||
| deg. 52 min. 27 sec. E, 421.79 feet; N 72 deg. 49 min. 27 sec. E, | ||
| 1441.81 feet; N 65 deg. 52 min. 11 sec. E, 1610.22 feet; N 76 deg 02 | ||
| mm. 07 sec. E, 975.77 feet; N 67 deg. 10 min. 12 sec. E, 510.12 feet | ||
| to the POINT OF BEGINNING, containing 412.040 acres of land. | ||
| LEGAL DESCRIPTION OF TRACT 4: All that certain tract or parcel of | ||
| land situated in the Solomon Duty Survey, A-29 in Bastrop County, | ||
| Texas and being all of a 38.75 acre tract, a 40.00 acre tract, and a | ||
| 25.07 acre tract conveyed to LeAnna H. .Johnson by deed recorded as | ||
| Document #201102644 of the Official Public Records of Bastrop | ||
| County, Texas and being more particularly described as follows: | ||
| BEGINNING at an iron pin found on the curving South line of F.M. | ||
| #969. in the East corner of a 12.055 acre tract conveyed to Britt | ||
| Stewart et ux by Document #201605535 of the above mentioned | ||
| Official Records, for the North corner of the above mentioned 25.07 | ||
| acre tract and the North corner of this tract. | ||
| THENCE with the arc of the said curve, to the left, 202.18 feet, | ||
| said curve having a radius of 619.77 feet, a central angle of 18°41 ' | ||
| 29'', and a sub-chord which bears N 80"43'08"E 201.29 feet to an | ||
| iron pin found in the West corner of a 11.00 acre tract conveyed to | ||
| W.T. McPherson in Volume 641, Page 500 of the Deed Records of | ||
| Bastrop County, Texas for the Northeast corner of the said 25.07 | ||
| acre tract and the Northeast corner of this tract. | ||
| THENCE with the Southwest line of the above mentioned 11.00 acre | ||
| tract and the Northeast line of the said 25.07 acre tract and the | ||
| above mentioned 40.00 acre tract for the following four (4) | ||
| courses: | ||
| 1. S 20°27'07"E 142.71 feet to an iron pin found for an angle point. | ||
| 2. S 60°11'03"E 563.67 feet to an iron pin found for an ell corner. | ||
| 3. S 29°44'37"W 312.46 feet to an iron pin found for an ell corner | ||
| 4. S 59°4 l '40"E 1371.57 feet to an iron pin found on the Northwest | ||
| line of a 190.03 acre tract conveyed to Riorado, Ltd. in Volume | ||
| 1061, Page 413 of the above mentioned Deed Records, in the South | ||
| corner of the said 11.00 acre tract and the East corner of the said | ||
| 40.00 acre tract for the East corner of this tract. | ||
| THENCE S 29°20'30"W 1636.80 feet to an iron pipe found in the West | ||
| corner of the above mentioned 190.03 acre tract and the North corner | ||
| of a 100.0 acre tract conveyed to B.P. Bearden et ux in Volume 738, | ||
| Page 669 of the said Deed Records of Bastrop County, Texas for an | ||
| angle point of this tract. | ||
| THENCE S 29°23'06"W with the Northwest line of the above mentioned | ||
| 100.0 acre tract 621.62 feet to an iron pin found on the Northeast | ||
| line of Watersedge Terrace as set out on the plat of Lazy River | ||
| Acres recorded in Cabinet 1, Slide 50A of the Plat Records of | ||
| Bastrop County. Texas. for the South corner of the said 40.00 | ||
| acre tract and the South corner of this tract. | ||
| THENCE with the Northeast right-of-way line of Watersedge Terrace | ||
| for the following six courses: | ||
| 1. N 59°40'37"W 640,28 feet to an iron pin set in the PC of a curve | ||
| to the right said curve having a radius of 315.50 feet and a central | ||
| angle of 27°55'31". | ||
| 2. THENCE with the arc of the said curve 153.77 feet the long chord | ||
| of which bears N 45°36'02"W 152.25 feet to an iron pin found for the | ||
| West corner of the said 40.00 acre tract and the South corner of the | ||
| above mentioned 38.75 acre tract for the PT of the said curve. | ||
| 3. THENCE N 32°02'38"W 628.66 feet to an iron pin set in the PC of a | ||
| curve to the right said curve having a radius of 1,218.51 feet and a | ||
| central angle of 18°48'00", | ||
| 4. THENCE with the arc of the said curve 399.82 feet the long | ||
| chord of which bears N 22°36'34"W 398,03 feet to an iron pin set for | ||
| the PT of the said curve, | ||
| 5. THENCE N 13°12'34"W 397.00 feet to an iron pin set in the PC of a | ||
| curve to the left said curve having a radius of 1179,50 feet and a | ||
| central angle of 16°58'29". | ||
| 6. with the arc of the said curve 349.45 feet the long | ||
| chord of which bears N 21°48'52"W 348.17 feet to an iron pin | ||
| found in the South corner of the above mentioned 12.055 acre tract | ||
| and the West corner of the said 38,75 acre tract, for the West | ||
| corner of this tract. | ||
| THENCE N 29°05'20" E 1457.36 feet to the POINT OF BEGINNING | ||
| containing 103.852 acres of land. more or less. | ||
| LEGAL DESCRIPTION OF TRACT 5: Lot 4, TOWERING OAKS ESTATES TWO, a | ||
| subdivision in Bastrop County, Texas, according to the map or plat | ||
| of record in Plat Cabinet No. 3, Page 151B, Plat Records of Bastrop | ||
| County, Texas as described in deed recorded in Volume 1647, Page | ||
| 842, Official Records, Bastrop County, Texas. Ratification of Plat | ||
| recorded in Volume 986, Page 321, Official Records of Bastrop | ||
| County, Texas. | ||
| LEGAL DESCRIPTION OF TRACT 6: BEING a 212.854 acre tract or parcel | ||
| of land out of and being a part of the Martin Wells Survey, A-68, in | ||
| Bastrop County, Texas, and being all of that certain tract | ||
| described in a deed from Mary Elizabeth Bryant to DLP Real Estate | ||
| Acquisition Corp., as recorded in Vol. 1872, Page 474, Bastrop | ||
| County Official Public Records. Said tract being a part of that | ||
| certain 519 acre tract described as Second Tract in a deed from John | ||
| Barton to W.A. Barton, Johnnie Barton, and Ruth Barton, dated | ||
| August 20, 1947, recorded in Volume 123, Page 114, Bastrop County | ||
| Deed Records. Herein described tract or parcel of land being more | ||
| particularly described by metes and bounds as follows: | ||
| BEGINNING at a 1/2 inch iron rod found at a fence corner, the | ||
| northeast corner of the before mentioned 519 acre tract, the | ||
| northwest corner of Lot No. 21, Towering Oaks Estates Two, a | ||
| subdivision in Bastrop County, Texas, as recorded in Plat cabinet | ||
| 3, Page 1518, Bastrop County Plat Records, the southeast corner of | ||
| Lot No. 30, Texas Heritage, a subdivision in sa!d survey as | ||
| recorded in Plat Cabinet 1, Page 83A, Bastrop County Plat Records, | ||
| and southwest corner of the 289.588 acre Lula Martin, Est., for the | ||
| northeast corner of this tract. | ||
| THENCE with the east line, as fenced, of the said 519 acre tract, | ||
| the west line of Lots 21-10, Towerlng Oaks Estates Two, S 31 deg. 25 | ||
| m1n. 22 sec. W, 585.50 feet to a 1/2. lnch iron rod found; S 29 deg. | ||
| 51 min. 30 sec. W, 1201.78 feet to a 1/2 inch iron rod found; s 29 | ||
| deg, 40 min. 55 sec. w, S01.36 Feet to a 1/2 inch iron rod found; S | ||
| 29 deg. 41 min. 36 sec. W, 400.09 feet to a 1/2 inch iron rod found; | ||
| S 29 deg. 41 min. 01 sec. W, 800.86 feet to a 1/2 Inch ,Iron rod | ||
| found; S 29 deg. 40 min. 23 sec. W, 205.45 feet to a 1/2 Inch iron | ||
| rod found; S 29 deg. 47 min. 23 sec. W, 195.29 feet to a 1/2 inch | ||
| iron rod found; S 29 deg. 51 min. 19 sec. W, 740.56 feet to a 1/2 | ||
| inch Iron rod found at a fence corner, an interior corner of Lot 10, | ||
| for an angle corner of this tract. | ||
| THENCE continuing with a north line of Lot 10, N 61 deg. 48 min. 27 | ||
| sec. W, 253.01 feet to a 5/8 inch iron rod found at a northwest | ||
| corner of Lot 10, and the northeast corner of that certain 26.49 | ||
| acre tract described as Parcel 2 in a deed from Ella Voncile Daily | ||
| Glass Estate to James Robert Glass, et al, dated September 3, 1996, | ||
| recorded in Volume 815, Page 212, Bastrop County Official Records, | ||
| for an angle corner of the said 519 acre tract and this tract. | ||
| THENCE with the north line, as fenced, of the 26.49 acre tract, N 60 | ||
| deg. 30 mln. 25 sec. W, 620.15 feet to a 5/8 inch iron rod set at a | ||
| fence corner, the northwest corner of the 26.49 acre tract, for an | ||
| interior corner of the said 519 acre tract and this tract. | ||
| THENCE with the west line, as fenced, of the 26.49 acre tract, the | ||
| east line of the said 519 acre tract, s 29 deg. 52 min. 03 sec. W, | ||
| 1766.02 feet to a 5/8 inch iron rod set where same intersects the | ||
| north line of Farm to Market Road No. 969, for the southeast corner | ||
| of this tract. | ||
| THENCE with the north line of said Farm to Market Road No. 969, N 41 | ||
| deg. 56 min. 21 sec. W, 334.69 feet to a concrete right-of-way | ||
| marker found at the beginning of a curve to the right. | ||
| THENCE continuing with the north line of said Farm to Market Road | ||
| No. 969 along said curve to the right whose radius is 1859.86 feet; | ||
| whose central angle is 6 deg. 37 min. 32 sec.; whose long chord | ||
| bears N 38 deg. 13 min. 36 sec. W, 214.95 feet; 215.07 feet along the | ||
| arc to a concrete right-of way marker found at the end of said | ||
| curve. | ||
| THENCE continuing with the north line of said Farm to Market Road | ||
| No. 9691 N 35 deg. 17 min. 35 sec. W, 795.44 feet to a 1/2 inch | ||
| Iron rod found near a fence corner where same Intersects the west | ||
| line of the said 519 acre tract, the east line of that certain | ||
| 269.792 acre tract described in a deed from Alexander Oaks | ||
| Development, LLC, to Kenneth D. Hinsvark1 recorded in Volume | ||
| 1444, Page 260, Bastrop County Official Public Records, for the | ||
| southwest corner of this tract. | ||
| THENCE with the west line of the said 519 acre tract, ●the east line | ||
| of the Hinsvark 269.792 acre tract, as fenced, N 29 deg. 51 min. 32 | ||
| sec. E, 1251.95 feet to a 1/2 inch Iron rod found at a fence corner; | ||
| S 61 deg. 03 min. 06 sec. E, 806.75 feet to a 1/2 Inch Iron rod found | ||
| at a fence corner; N ●30 deg. 22 min. 55 sec. E, 2687.43 feet to a 1h | ||
| inch iron rod found at a fence corner, the northeast corner of the | ||
| Hinsvark 269.792 acre tract, an interior corner of the said 519 acre | ||
| tract, for an interior corner of this tract. | ||
| THENCE with the north line of the Hinsvark 269.792 acre tract and an | ||
| upper south line of the 519 acre tract, N 59 deg. 51 min. 41 sec. W, | ||
| 445.85 feet to a 1/2 inch iron rod found for the south corner of Lot | ||
| No. 23, Texas Heritage, for an angle corner of the 519 acre tract | ||
| and this tract. THENCE with the west line of the said 519 acre | ||
| tract, the east line of Tracts No. 23, 24, 25, and 26, Texas | ||
| Heritage, N 29 deg. 18 min. 45 sec. E, 1581.42 feet to a 1/2 inch | ||
| Iron rod found at the common corner of Lots 25 and 26; N 30 deg. 08 | ||
| min. 21 sec. E, 114.39 feet to a 1/2 inch iron rod found; N 30●deg. | ||
| 12 min. 02 sec. E, 553.91 feetto a 5/8 inch iron rod found in the | ||
| south line of Tract No. 28, the northeast corner of Tract No. 26, | ||
| the northwest corner of the said 519 acre tract, for the northwest | ||
| corner of this tract. | ||
| THENCE with the north line of the said 519 acre tract, the south | ||
| line of Tracts No. 28, 29, and 30, Texas Heritage, S 59 deg. 45 min. | ||
| 36 sec. E, 130.89 feet to a 1/2 inch iron pipe found; S 59 deg. 26 | ||
| min. 09 sec. E, 1277.57 feet to a 1/2 inch lron rod found at the | ||
| common corner of Lots 29 and 30; S 60 deg. 25 mln. 27 sec. E, 338.92 | ||
| feet to the POINT OF BEGINNING, containing 212.854 acres of land. | ||
| SECTION 4. (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, | ||
| lieutenant governor, and 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 have been | ||
| fulfilled and accomplished. | ||
| 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, 2021. | ||
| * * * * * | ||
