81R8401 PMO-F
By: Hegar S.B. No. 1104
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the XS Ranch Municipal Utility
District; providing authority to impose a tax and issue bonds;
granting a limited power of eminent domain.
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 8306 to read as follows:
CHAPTER 8306. XS RANCH MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8306.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the XS Ranch Municipal Utility
District.
Sec. 8306.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8306.003. CONFIRMATION AND DIRECTORS' 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. 8306.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8306.003
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. 8306.005. 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. 8306.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect 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.
[Sections 8306.007-8306.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8306.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8306.052, directors serve
staggered four-year terms.
Sec. 8306.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Mark Engels;
(2) Mark Oldemeyer;
(3) J. Sulester;
(4) William Faust; and
(5) Don Montague.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8306.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8306.003 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 8306.003; 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.
[Sections 8306.053-8306.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8306.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8306.102. 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. 8306.103. 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. 8306.104. 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. 8306.105. 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. 8306.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8306.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8306.107. 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 or assessments.
(b) Any new district created by the division of the district
has all the powers and duties of the district, including the power
to divide in accordance with this section.
(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 creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owners of a majority of the assessed value of real
property in the district according to the most recent certified
appraisal roll for each county in which the district is located, 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
8306.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between each new district.
(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 Texas Commission on Environmental Quality 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 8306.003.
(i) 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.
[Sections 8306.108-8306.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8306.151. 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 8306.153.
(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. 8306.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8306.151, 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.
Sec. 8306.153. 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.
[Sections 8306.154-8306.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8306.201. 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. 8306.202. 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. 8306.203. 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 XS Ranch Municipal Utility District
initially includes all the territory contained in the following
area:
A DESCRIPTION OF 9.631 ACRES IN THE ALBERT BLACK SURVEY ABS. NO. 84,
BASTROP COUNTY, TEXAS, BEING ALL OF A 9.631 ACRE TRACT CONVEYED TO
XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN
DATED DECEMBER 19, 2006 AND RECORDED IN DOCUMENT NO. 200619026 OF
THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; SAID 9.631
ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2" rebar found for the southernmost corner of the
said 9.631 acre tract, being an angle point in the northeast line of
a 36.373 acre tract of land described in Volume 1110, Page 812 of
the Deed Records of Bastrop County, Texas;
THENCE North 4627'36" West with the southwest line of the said
9.631 acre tract and the northeast line of the said 36.373 acre
tract, a distance of 359.38 feet to a 1/2" rebar with cap found in
the southeast line of County Road 157 (no apparent defined
right-of-way width), being the westernmost corner of the said 9.631
acre tract, being also the northernmost corner of the said 36.373
acre tract, from which a fence post found, bears North 5517'54"
West, a distance of 47.73 feet;
THENCE with the southeast line of the County Road 157 and the
northwest line of the said 9.631 acre tract the following five (5)
courses and distances:
1. North 4546'15" East, a distance of 258.49 feet to a 1/2"
rebar with cap set;
2. North 4436'32" East, a distance of 385.38 feet to a 1/2"
rebar with cap set;
3. North 5355'26" East, a distance of 65.50 feet to a 1/2"
rebar with cap set;
4. North 5639'18" East, a distance of 735.33 feet to a 1/2"
rebar with cap set;
5. North 5918'13" East, a distance of 148.13 feet to a 1/2"
rebar with cap set for the northernmost corner of the said 9.631
acre tract;
THENCE South 3113'11" East with the northeast line of the said
9.631 acre tract, a distance of 97.92 feet to a 1/2" rebar found for
the easternmost corner of the said 9.631 acre tract, being in the
northwest line of a 26 acre tract of land described in Volume 184,
Page 37 of the Deed Records of Bastrop County, Texas;
THENCE South 4228'16" West with the southeast line of the said
9.631 acre tract, the northwest line of the said 26 acre tract, and
the northwest line of the said 36.373 acre tract, a distance of
1541.28 feet to the POINT OF BEGINNING, containing 9.631 acres of
land, more or less.
Surveyed on the ground in October, 2005. Bearing basis is grid
azimuth for Texas central zone, 1983/93 HARN values from LCRA
control network.
THENCE North 4201'01" East, crossing County Road 48, with the north
line of the said 2.064 acre tract and the south line of the said
21.721 acre tract, passing a 1/2" rebar found at a distance of 1.92
feet, and continuing a distance of 230.22 feet, for a total distance
of 232.14 feet to the POINT OF BEGINNING, containing 2.064 acres of
land, more or less, a portion of which lies within the roadway of
County Road 48.
Surveyed on the ground in October, 2005. Bearing basis is grid
azimuth for Texas central zone, 1983/93 HARN values from LCRA
control network.
A DESCRIPTION OF 6.114 ACRES IN THE ISAAC HARRIS SURVEY NO. 2,
ABSTRACT NO. 38, BASTROP COUNTY, TEXAS, BEING ALL OF A 6.114 ACRE
TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED
WITH VENDOR'S LIEN DATED DECEMBER 19, 2006 AND RECORDED IN DOCUMENT
NO. 200619026 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY,
TEXAS; SAID 6.114 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron pipe found in the west right-of-way line of
State Highway 95, being the southeast corner of the said 6.114 acre
tract, being in the northwest line of a Department of Justice 163.41
acre tract, from which a concrete highway monument found bears,
South 0444'18" West, a distance of 9494.37 feet;
THENCE South 3826'28" West with the southeast line of the said
6.114 acre tract and the northwest line of the said 163.41 acre
tract, passing a 1/2" iron pipe found at a distance of 438.05 feet,
continuing for a distance of 1.08 feet, for a total distance of
439.13 feet to a 1/2" rebar with cap set in the east right-of-way
line of The Union Pacific Railroad (100' right-of-way width), being
the southwest corner of the said 6.114 acre tract;
THENCE North 0714'40" East with the east right-of-way line of The
Union Pacific Railroad and the west line of the said 6.114 acre
tract, a distance of 1469.53 feet to a 1/2" rebar with cap set for
the northwest corner of the said 6.114 acre tract, from which a 1/2"
rebar with cap set for the southwest corner of a 2.064 acre tract of
land described in Document No. 200619026 of the Official Public
Records of Bastrop County, Texas, bears North 0714'40" East, a
distance of 408.85 feet;
THENCE South 8514'10" East with the north line of the said 6.114
acre tract, a distance of 179.90 feet to a 1/2" rebar with cap set in
the west right-of-way line of State Highway 95, being the northeast
corner of the said 6.114 acre tract, from which a 1/2" rebar with
cap set for the southeast corner of the said 2.064 acre tract, bears
North 0445'50" East, a distance of 408.47 feet;
THENCE South 0445'50" West with the west right-of-way line of State
Highway 95 and the east line of the said 6.114 acre tract, a
distance of 1102.72 feet to the POINT OF BEGINNING, containing
6.114 acres of land, more or less.
Surveyed on the ground in October, 2005. Bearing basis is grid
azimuth for Texas central zone, 1983/93 HARN values from LCRA
control network.
A DESCRIPTION OF 5.608 ACRES IN THE JOSEPH ROGERS SURVEY NO. 6 ABS.
NO. 55, BASTROP COUNTY, TEXAS, BEING ALL OF A 5.608 ACRE TRACT
CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED DATED
NOVEMBER 9, 2007 AND RECORDED IN DOCUMENT NO. 200716605 OF THE
OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; SAID 5.608 ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" rebar found for the northwest corner of the said
5.608 acre tract, being the southwest corner of Tract 28, Forest
Ridge Estates, a subdivision of record in Cabinet 2, Pages
323A-325A of the Plat Records of Bastrop County, Texas, being also a
point in the east line of a remainder of a 248.720 acre tract of land
described in Volume 411, Page 472 of the Deed Records of Bastrop
County, Texas, from which a 1/2" rebar found in the curving south
right-of-way line of Forest Ridge Drive (70' right-of-way width),
being an angle point in the west line of said Tract 28, being also
the northeast corner of the said remainder of a 248.720 acre tract,
bears North 2714'16" East, a distance of 13.70 feet;
THENCE South 6245'31" East with the north line of the said 5.608
acre tract and the south line of said Tract 28, a distance of 765.02
feet to a 1/2" rebar found for the northeast corner of the said
5.608 acre tract, being the southeast corner of said Tract 28, being
also in the west line of a 316.745 acre tract of land described in
Volume 1386, Page 90 of the Deed Records of Bastrop County, Texas;
THENCE South 2714'58" West with the east line of the said 5.608 acre
tract and the west line of the said 316.745 acre tract, a distance
of 430.05 feet to a 1/2" rebar found for the southeast corner of the
said 5.608 acre tract, being the northeast corner of a 45.49 acre
tract of land described in Volume 513, Page 676 of the Deed Records
of Bastrop County, Texas, from which a 1/2" rebar found for the
southwest corner of the said 316.745 acre tract, being in the east
line of the said 45.49 acre tract, bears South 2731'37" West, a
distance of 133.37 feet;
THENCE North 4636'52" West with the south line of the said 5.608
acre tract and the north line of the said 45.49 acre tract, a
distance of 796.35 feet to a 1/2" rebar found for the southwest
corner of the said 5.608 acre tract, being also the southeast corner
of the said remainder of a 248.720 acre tract;
THENCE North 2714'16" East with the west line of the said 5.608 acre
tract and the east line of the said remainder of a 248.720 acre
tract, a distance of 208.62 feet to the POINT OF BEGINNING,
containing 5.608 acres of land, more or less.
Surveyed on the ground in August, 2007. Bearing basis is grid
azimuth for Texas central zone, 1983/93 HARN values from LCRA
control network.
A DESCRIPTION OF 305.559 ACRES IN THE ALBERT BLACK SURVEY, ABSTRACT
NO. 84 AND THE WILLIAM CANNON SURVEY, ABSTRACT NO. 126, BOTH IN
BASTROP COUNTY, TEXAS, BEING ALL OF A 305.559 ACRE TRACT OF LAND
(TRACT ONE-A) CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL
WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19, 2006 AND
RECORDED IN DOCUMENT NO. 200619026 OF THE OFFICIAL PUBLIC RECORDS
OF BASTROP COUNTY, TEXAS; SAID 305.559 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a fence post found in the northwest line of County Road
157 (no apparent defined right-of-way width), being a southeast
corner of the said 305.559 acre tract, being also the easternmost
corner of a 31.077 acre tract of land described in Volume 794, Page
707 of the Deed Records of Bastrop County, Texas, from which a 1/2"
rebar with cap found, bears South 5517'54" East, a distance of
47.73 feet;
THENCE with the common line of the said 305.559 acre tract and the
said 31.077 acre tract the following four (4) courses and
distances:
1. North 4641'00" West, a distance of 1113.76 feet to a 1/2"
rebar with cap set;
2. North 4909'41" West, a distance of 457.39 feet to a fence
post found for the northernmost corner of the said 31.077 acre
tract;
3. South 4350'48" West, a distance of 848.90 feet to a fence
post found for the westernmost corner of the said 31.077 acre tract;
4. South 4640'31" East, a distance of 1605.34 feet to a
fence post found in the northwest line of County Road 157, being the
southernmost corner of the said 31.077 acre tract;
THENCE with the northwest line of County Road 157 and the southeast
line of the said 305.559 acre tract the following three (3) courses
and distances:
1. South 1925'21" West, a distance of 469.16 feet to a fence
post found;
2. South 3049'30" West, a distance of 123.66 feet to a fence
post found;
3. South 4436'43" West, a distance of 326.69 feet to a 1/2"
rebar with cap set;
THENCE South 4738'02" East crossing County Road 157, with the
northeast line of the said 305.559 acre tract, a distance of 50.60
feet to a 1/2" rebar with cap set in the southeast line of County
Road 157;
THENCE with the southeast line of County Road 157 and a northwest
line of the said 305.559 acre tract the following three (3) courses
and distances:
1. North 4204'48" East, a distance of 333.99 feet to a fence
post found;
2. North 3154'15" East, a distance of 94.90 feet to a fence
post found;
3. North 2050'26" East, a distance of 482.98 feet to a fence
post found for the westernmost corner of a 36.373 acre tract of land
described in Volume 1110, Page 812 of the Deed Records of Bastrop
County, Texas;
THENCE with the common line of the said 305.559 acre tract and the
said 36.373 acre tract the following four (4) courses and
distances:
1. South 3638'46" East, a distance of 205.25 feet to a fence
post found;
2. South 5000'46" West, a distance of 84.05 feet to a fence
post found;
3. South 4813'43" East, a distance of 415.56 feet to a fence
post found;
4. South 4720'51" East, passing a cedar fence post found,
referenced in Volume 1110, Page 812 of the Deed Records of Bastrop
County, Texas, at a distance of 657.00 feet, and continuing for a
total distance of 826.50 feet to a calculated point in the
centerline of Big Sandy Creek, being the southernmost corner of the
said 36.373 acre tract, being the westernmost corner of a 113 acre
tract of land described in Volume 231, Page 525 of the Deed Records
of Bastrop County, Texas, being also the northernmost corner of a
127 acre tract of land described in Volume 205, Page 401 of the Deed
Records of Bastrop County, Texas;
THENCE with the centerline of Big Sandy Creek and the common line of
the said 305.559 acre tract and the said 127 acre tract the
following thirty-eight (38) courses and distances:
1. South 6244'23" West, a distance of 165.05 feet to a
calculated point;
2. North 5822'05" West, a distance of 18.28 feet to a
calculated point;
3. South 7314'43" West, a distance of 63.39 feet to a
calculated point;
4. South 5557'33" West, a distance of 83.20 feet to a
calculated point;
5. South 4322'27" West, a distance of 117.85 feet to a
calculated point;
6. South 5658'42" West, a distance of 104.68 feet to a
calculated point;
7. South 5342'47" West, a distance of 111.56 feet to a
calculated point;
8. South 7127'52" West, a distance of 67.50 feet to a
calculated point;
9. South 5139'08" West, a distance of 185.86 feet to a
calculated point;
10. North 8222'00" West, a distance of 46.11 feet to a
calculated point;
11. South 6335'07" West, a distance of 45.29 feet to a
calculated point;
12. South 7309'23" West, a distance of 55.83 feet to a
calculated point;
13. South 4546'01" West, a distance of 59.30 feet to a
calculated point;
14. South 7052'58" West, a distance of 57.75 feet to a
calculated point;
15. North 8504'44" West, a distance of 57.09 feet to a
calculated point;
16. North 7841'38" West, a distance of 127.67 feet to a
calculated point;
17. South 7635'00" West, a distance of 62.10 feet to a
calculated point;
18. South 3617'38" West, a distance of 54.83 feet to a
calculated point;
19. South 4710'05" West, a distance of 74.83 feet to a
calculated point;
20. South 7002'18" West, a distance of 232.43 feet to a
calculated point;
21. South 7849'36" West, a distance of 58.43 feet to a
calculated point;
22. South 7123'00" West, a distance of 51.51 feet to a
calculated point;
23. South 6007'25" West, a distance of 61.12 feet to a
calculated point;
24. South 6536'14" West, a distance of 55.14 feet to a
calculated point;
25. South 7204'58" West, a distance of 42.38 feet to a
calculated point;
26. South 4834'42" West, a distance of 88.25 feet to a
calculated point;
27. South 3637'42" West, a distance of 51.84 feet to a
calculated point;
28. South 0308'33" West, a distance of 46.05 feet to a
calculated point;
29. South 3034'44" West, a distance of 54.17 feet to a
calculated point;
30. South 7617'40" West, a distance of 47.65 feet to a
calculated point;
31. South 3117'00" West, a distance of 98.02 feet to a
calculated point;
32. South 2725'28" West, a distance of 47.32 feet to a
calculated point;
33. South 4256'37" West, a distance of 62.17 feet to a
calculated point;
34. South 3546'55" West, a distance of 50.98 feet to a
calculated point;
35. South 2731'18" West, a distance of 60.31 feet to a
calculated point;
36. South 5027'47" West, a distance of 94.46 feet to a
calculated point;
37. South 4323'51" West, a distance of 176.06 feet to a
calculated point;
38. South 3251'42" West, a distance of 103.82 feet to a
calculated point for the southernmost corner of the said 305.559
acre tract, being the westernmost corner of the said 127 acre tract,
being the northernmost corner of a 269 acre tract of land described
in Volume 199, Page 843 of the Deed Records of Bastrop County,
Texas, being also the easternmost corner of a 408.48 acre tract of
land described in Volume 248, Page 498 of the Deed Records of
Bastrop County, Texas;
THENCE North 4723'26" West with the southwest line of the said
305.559 acre tract and the northeast line of the said 408.48 acre
tract, a distance of 523.96 feet to a 1/2" rebar with cap set for the
southernmost corner of a 48.6 acre tract of land described in Volume
131, Page 414 of the Deed Records of Bastrop County, Texas;
THENCE North 4221'58' East with the northwest line of the said
305.559 acre tract and the southeast line of the said 48.6 acre
tract, a distance of 1130.68 feet to a 1/2" rebar with cap set in the
southeast line of County Road 157, being the easternmost corner of
the said 48.6 acre tract;
THENCE North 4738'02" West crossing County Road 157, with the
southwest line of the said 305.559 acre tract and the northeast line
of the said 48.6 acre tract, a distance of 1828.61 feet to a 60d nail
in fence corner post found for the northernmost corner of the said
48.6 acre tract, from which a 5/8" rebar found for the easternmost
corner of a 52.6 acre tract of land described in Volume 223, Page
615 of the Deed Records of Bastrop County, Texas, bears North
5206'20" West, a distance of 9.44 feet;
THENCE North 4712'47" West with the southwest line of the said
305.559 acre tract and the northeast line of the said 52.6 acre
tract, a distance of 2024.45 feet to a 5/8" rebar found for the
westernmost corner of the said 305.559 acre tract, being in the
southeast line of a 14.229 acre tract described in Volume 1166, Page
883 of the Deed Records of Bastrop County, Texas, from which a 5/8"
rebar found, bears South 4347'41" West, a distance of 115.45 feet;
THENCE North 4258'23" East with the northwest line of the said
305.559 acre tract (varies from the deed lines of the said 14.229
acre tract, a 14.288 acre tract described in Volume 227, Page 206 of
the Deed Records of Bastrop County, Texas, a 14.285 acre tract
described in Volume 909, Page 541 of the Deed Records of Bastrop
County, Texas, a 14.284 acre tract described in Volume 231, Page 249
of the Deed Records of Bastrop County, Texas, and a 55.290 acre
tract described in Volume 134, Page 440 of the Deed Records of
Bastrop County, Texas), a distance of 2647.08 feet to a 1/2" rebar
found for the northernmost corner of the said 305.559 acre tract,
being in the southeast line of the said 55.290 acre tract;
THENCE South 4807'07" East with the northeast line of the said
305.559 acre tract, a distance of 14.14 feet to a 1/2" rebar found
for the westernmost corner of Lot 7, Belltaire I, a subdivision of
record in Cabinet 2, Page 299B of the Plat Records of Bastrop
County, Texas;
THENCE with the common line of the said 305.559 acre tract and said
Belltaire I the following two (2) courses and distances:
1. South 4732'20" East, a distance of 1993.38 feet to a 1/2"
rebar with cap set for the southernmost corner of Lot 1, of said
Belltaire I;
2. North 4205'43" East, a distance of 586.92 feet to a 5/8"
rebar found for the westernmost corner of a 4.001 acre tract of land
described in Volume 1338, Page 53 of the Deed Records of Bastrop
County, Texas, from which a 5/8" rebar found, bears North 4209'01"
East, a distance of 289.24 feet;
THENCE with the common line of the said 305.559 acre tract and the
said 4.001 acre tract the following three (3) courses and
distances:
1. South 4659'25" East, a distance of 404.91 feet to a 5/8"
rebar found for the southernmost corner of the said 4.001 acre
tract;
2. North 4300'35" East, a distance of 440.49 feet to a 5/8"
rebar found for the easternmost corner of the said 4.001 acre tract;
3. North 4700'16" West, a distance of 373.56 feet to a 1/2"
rebar found in the southeast line of County Road 49 (no apparent
defined right-of-way width), being the northernmost corner of the
said 4.001 acre tract, from which a 5/8" rebar found, bears South
4258'39" West, a distance of 149.81 feet;
THENCE with the common line of County Road 49 and the said 305.559
acre tract the following six (6) courses and distances:
1. North 4302'21" East, a distance of 612.96 feet to a fence
post found;
2. North 7111'06" East, a distance of 48.40 feet to a fence
post found, from which a 1/2" rebar with cap found, bears North
0751'58" East, a distance of 77.01 feet;
3. South 7827'24" East, a distance of 54.14 feet to a fence
post found;
4. South 4726'33" East, a distance of 1658.43 feet to a nail
found;
5. South 1404'15" East, a distance of 64.95 feet to a nail
found;
6. South 1926'30" West, a distance of 66.30 feet to a fence
post found in the northwest line of County Road 157;
THENCE with the northwest line of County Road 157 and the southeast
line of the said 305.559 acre tract the following three (3) courses
and distances:
1. South 5622'57" West, a distance of 971.94 feet to a 1/2"
rebar with cap set;
2. South 4707'57" West, a distance of 422.15 feet to a 1/2"
rebar with cap set;
3. South 4617'50" West, a distance of 273.65 feet to the
POINT OF BEGINNING, containing 305.559 acres of land, more or less,
a portion of which lies within the roadway.
Surveyed on the ground in October, 2005. Bearing basis is grid
azimuth for Texas central zone, 1983/93 HARN values from LCRA
control network.
A DESCRIPTION OF 9322.496 ACRES (GROSS) IN THE S.F. AUSTIN SURVEY
NO. 1, ABSTRACT NO. 8, THE ISAAC HARRIS SURVEY NO. 2, ABSTRACT NO.
38, THE LEMAN BARKER SURVEY NO. 3, ABSTRACT NO. 6, THE S.M. WILLIAMS
SURVEY NO. 4, ABSTRACT NO. 71, THE JOSIAH WILBARGER SURVEY NO. 5,
ABSTRACT NO. 70, THE JOHN CRUTCHFIELD SURVEY NO. 12, ABS. NO. 122,
AND THE JOSEPH ROGERS SURVEY NO. 6 ABS. NO. 55, ALL IN BASTROP
COUNTY, TEXAS, CONSISTING OF:
ALL OF A 5566.770 ACRE TRACT (TRACT ONE-D), ALL OF AN 507.061 ACRE
TRACT (TRACT ONE-C), ALL OF A 19.149 ACRE TRACT (TRACT FIVE), ALL OF
A 54.912 ACRE TRACT (TRACT SIX), ALL OF A 92.556 ACRE TRACT (TRACT
SEVEN), ALL OF A 160.346 ACRE TRACT (TRACT EIGHT), AND ALL OF A
112.676 ACRE TRACT (TRACT NINE), CONVEYED TO XS RANCH FUND VI, L.P.
IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19,
2006 AND RECORDED IN DOCUMENT NO. 200619026 OF THE OFFICIAL PUBLIC
RECORDS OF BASTROP COUNTY, TEXAS;
ALL OF A 200.00 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19, 2006
AND RECORDED IN DOCUMENT NO. 200619025 OF THE OFFICIAL PUBLIC
RECORDS OF BASTROP COUNTY, TEXAS; (THE 200.00 ACRE TRACT LIES
WITHIN THE 5566.770 ACRE TRACT)
ALL OF A 758.026 ACRE TRACT AND ALL OF A 1164.571 ACRE TRACT
CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED DATED
JUNE 4, 2007 AND RECORDED IN DOCUMENT NO. 200708067 OF THE OFFICIAL
PUBLIC RECORDS OF BASTROP COUNTY, TEXAS;
AND ALL OF A 885.050 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN
A SPECIAL WARRANTY DEED DATED NOVEMBER 9, 2007 AND RECORDED IN
DOCUMENT NO. 200716605 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP
COUNTY, TEXAS;
SAVE AND EXCEPT 1.379 ACRES IN COUNTY ROAD 157 (SAYERS ROAD) RIGHT-
OF-WAY (AS DESCRIBED IN EXHIBIT B ATTACHED HERETO) FOR A TOTAL OF
9321.117 (NET) ACRES OF LAND, MORE OR LESS;
SAID 9322.496 (GROSS) ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" rebar with cap set in the west right-of-way line
of the Union Pacific Railroad (100' right-of-way width), being the
northernmost corner of the said 5566.770 acre tract, being also the
easternmost corner of a 94.5 acre tract of land described in Volume
205, Page 404 of the Deed Records of Bastrop County, Texas;
THENCE with the west right-of-way line of the Union Pacific
Railroad and the east line of the said 5566.770 acre tract, the
following five (5) courses and distances:
1. South 1235'28" East, a distance of 4266.68 feet to a 1/2"
rebar with cap set;
2. With a curve to the left, an arc length of 1184.55 feet,
having a radius of 1482.37 feet and a chord which bears South
3529'00" East, a distance of 1153.28 feet to a 1/2" rebar with cap
set;
3. South 5822'32" East, a distance of 2814.83 feet to a 1/2"
rebar with cap set;
4. With a curve to the right, an arc length of 1583.06 feet,
having a radius of 1382.37 feet and a chord which bears South
2534'07" East, a distance of 1497.96 feet to a 1/2" rebar with cap
set;
5. South 0714'40" West, a distance of 3222.47 feet to a 5/8"
rebar found for the northernmost corner of a 90.021 acre tract of
land described in Volume 280, Page 26 of the Deed Records of Bastrop
County, Texas;
THENCE leaving the west right-of-way line of the Union Pacific
Railroad, with the common line of the said 5566.770 acre tract and
the said 90.021 acre tract, the following two (2) courses and
distances:
1. South 4159'17" West, a distance of 3559.00 feet to a 1/2"
rebar with cap set for the westernmost corner of the said 90.021
acre tract;
2. South 4800'02" East, a distance of 1696.00 feet to a 1/2"
rebar with cap set for the southernmost corner of the said 90.021
acre tract, being also in the northwest line of a 100.714 acre tract
of land described in Volume 276, Page 639 of the Deed Records of
Bastrop County, Texas;
THENCE with the common line of the said 5566.770 acre tract and the
said 100.714 acre tract the following two (2) courses and
distances:
1. South 4150'22" West, a distance of 3243.40 feet to a 1/2"
rebar with cap set for the westernmost corner of the said 100.714
acre tract;
2. South 4802'42" East, a distance of 1600.00 feet to a 1/2"
rebar found in the west right-of-way line of the Union Pacific
Railroad, being the southernmost corner of the said 100.714 acre
tract;
THENCE South 2848'40" West with the west right-of-way line of the
Union Pacific Railroad and the east line of the said 5566.770 acre
tract, a distance of 4189.17 feet to a 1/2" rebar with cap set in the
fenced north line of County Road 157 (no apparent defined
right-of-way width), being the southernmost corner of the said
5566.770 acre tract;
THENCE North 7054'45" West with the fenced north line of County
Road 157 and the south line of the said 5566.770 acre tract, a
distance of 508.46 feet to a fence post found for the southeast
corner of a cemetery (no record description found);
THENCE leaving the fenced north line of County Road 157, with the
south line of the said 5566.770 acre tract, and the fenced line of
said cemetery the following three (3) courses and distances:
1. North 2736'53" East, a distance of 295.98 feet to a fence
post found;
2. North 5921'01" West, a distance of 213.96 feet to a fence
post found;
3. South 4604'58" West, a distance of 334.28 feet to a fence
post found in the fenced northeast line of County Road 157;
THENCE with the fenced northeast line of County Road 157 and the
southwest line of the said 5566.770 acre tract, the following
thirty-three (33) courses and distances:
1. North 4855'26" West, a distance of 1197.98 feet to a
fence post found;
2. With a curve to the right, an arc length of 270.39 feet,
having a radius of 959.67 feet and a chord which bears North
3525'39" West, a distance of 269.50 feet to a fence post found;
3. North 2909'39" West, a distance of 153.76 feet to a fence
post found;
4. North 4047'14" West, a distance of 639.58 feet to a fence
post found;
5. North 3404'48" West, a distance of 832.33 feet to a fence
post found;
6. North 3121'24" West, a distance of 118.29 feet to a fence
post found;
7. North 2422'16" West, a distance of 176.75 feet to a fence
post found;
8. North 1855'11" West, a distance of 120.47 feet to a fence
post found;
9. North 1015'52" West, a distance of 264.46 feet to a fence
post found;
10. North 0751'48" West, a distance of 327.03 feet to a
fence post found;
11. North 1213'41" West, a distance of 91.49 feet to a fence
post found;
12. With a curve to the left, an arc length of 230.63 feet,
having a radius of 290.55 feet and a chord which bears North
3503'33" West, a distance of 224.62 feet to a fence post found;
13. North 6003'33" West, a distance of 88.80 feet to a fence
post found;
14. North 6248'40" West, a distance of 325.21 feet to a
fence post found, from which a 1/2" rebar found, bears South
5818'36" West, a distance of 60.73 feet;
15. North 7152'04" West, a distance of 98.90 feet to a 1/2"
rebar with cap set;
16. North 8451'25" West, a distance of 548.44 feet to a
fence post found;
17. South 8627'29" West, a distance of 73.98 feet to a fence
post found;
18. South 7851'37" West, a distance of 39.75 feet to a fence
post;
19. South 7316'07" West, a distance of 141.66 feet to a
fence post;
20. With a curve to the right, an arc length of 139.35 feet,
having a radius of 290.37 feet and a chord which bears South
8741'13" West, a distance of 138.02 feet to a fence post found;
21. With a curve to the right, an arc length of 165.02 feet,
having a radius of 774.91 feet and a chord which bears North
6844'53" West, a distance of 164.71 feet to a fence post found;
22. North 5254'39" West, a distance of 123.41 feet to a
fence post found;
23. North 3156'06" West, a distance of 79.58 feet to a fence
post found;
24. North 2129'47" West, a distance of 191.24 feet to a
fence post found;
25. North 2251'02" West, a distance of 86.71 feet to a fence
post found;
26. With a curve to the left, an arc length of 228.67 feet,
having a radius of 548.91 feet and a chord which bears North
3810'46" West, a distance of 227.02 feet to a fence post found, from
which a 1/2" rebar with cap found, bears South 1131'55" West, a
distance of 58.42 feet;
27. North 4839'12" West, a distance of 119.64 feet to a
fence post found, from which a 1/2" rebar with cap found, bears
South 7452'45" West, a distance of 56.05 feet;
28. With a curve to the right, an arc length of 124.62 feet,
having a radius of 489.39 feet and a chord which bears North
3756'09" West, a distance of 124.29 feet to a fence post found;
29. North 3009'55" West, a distance of 171.71 feet to a
fence post found;
30. North 3419'30" West, a distance of 193.48 feet to a
fence post found;
31. North 4124'11" West, a distance of 112.93 feet to a
fence post found;
32. North 5509'35" West, a distance of 71.44 feet to a fence
post found;
33. North 7229'33" West, a distance of 137.95 feet to a
fence post found for an angle point in the southeast line of a 22.43
acre tract of land described in Volume 176, Page 62 of the Deed
Records of Bastrop County, Texas;
THENCE leaving the north line of County Road 157, with the fenced
common line of the said 5566.770 acre tract and the said 22.43 acre
tract, the following five (5) courses and distances:
1. North 3728'32" East, a distance of 131.53 feet to a fence
post found;
2. North 4929'56" East, a distance of 92.62 feet to a fence
post found;
3. North 4623'18" East, a distance of 160.81 feet to a fence
post found;
4. North 5547'54" East, a distance of 214.81 feet to a fence
post found;
5. North 4206'04" East, a distance of 117.66 feet to a
calculated point in the centerline of Big Sandy Creek, being the
south line of a 62.5 acre tract described in Volume 149, Page 477 of
the Deed Records of Bastrop County, Texas;
THENCE with the centerline of Big Sandy Creek, with the common line
of the said 5566.770 acre tract and the said 62.5 acre tract, the
following twenty-one (21) courses and distances:
1. North 8951'48" East, a distance of 60.71 feet to a
calculated point;
2. North 5348'39" East, a distance of 241.84 feet to a
calculated point;
3. North 3315'35" East, a distance of 125.20 feet to a
calculated point;
4. North 1549'27" East, a distance of 251.77 feet to a
calculated point;
5. North 0807'24" West, a distance of 269.24 feet to a
calculated point;
6. North 7749'21" West, a distance of 86.41 feet to a
calculated point;
7. North 8422'20" West, a distance of 114.31 feet to a
calculated point;
8. North 7328'41" West, a distance of 66.75 feet to a
calculated point;
9. North 4846'46" West, a distance of 80.91 feet to a
calculated point;
10. North 0805'04" West, a distance of 175.42 feet to a
calculated point;
11. North 2304'02" West, a distance of 72.55 feet to a
calculated point;
12. North 3542'24" West, a distance of 283.21 feet to a
calculated point;
13. North 1155'01" West, a distance of 102.35 feet to a
calculated point;
14. South 8017'23" West, a distance of 87.22 feet to a
calculated point;
15. South 3904'47" West, a distance of 173.78 feet to a
calculated point;
16. South 2831'20" West, a distance of 368.09 feet to a
calculated point;
17. South 1511'31" West, a distance of 79.96 feet to a
calculated point;
18. South 4555'56" West, a distance of 120.38 feet to
calculated point;
19. South 7900'50" West, a distance of 181.88 feet to a
calculated point;
20. North 5640'22" West, a distance of 465.01 feet to a
calculated point;
21. North 7044'15" West, a distance of 188.14 feet to a
calculated point for the southernmost corner of a 122.444 acre
tract of land described in Volume 148, Page 171 of the Deed Records
of Bastrop County, Texas;
THENCE leaving the centerline of Big Sandy Creek, North 4136'15"
East with the northwest line of the said 5566.770 acre tract and the
southeast line of the said 122.444 acre tract a distance of 3841.12
feet to a fence post found for the easternmost corner of the said
122.444 acre tract, being a southeast corner of a 278.69 acre tract
of land described in Volume 176, Page 62 of the Deed Records of
Bastrop County, Texas;
THENCE with the northwest line of the said 5566.770 acre tract and
the southeast line of the said 278.69 acre tract the following five
(5) courses and distances:
1. North 4330'50" East, a distance of 1950.60 feet to a 1/2"
rebar with cap set;
2. North 3914'50" East, a distance of 283.60 feet to a 1/2"
rebar with cap set;
3. North 4156'50" East, a distance of 657.20 feet to a 1/2"
rebar with cap set;
4. North 4149'50" East, a distance of 1186.20 feet to a 1/2"
rebar with cap set;
5. North 4142'50" East, a distance of 757.40 feet to a 1/2"
rebar with cap set for the easternmost corner of the said 278.69
acre tract, from which a 31" Post Oak, bears North 4259'50" East, a
distance of 282.05 feet;
THENCE with the common line of the said 5566.770 acre tract, the
said 278.69 acre tract, and a 521.94 acre tract described in Volume
173, Page 412 of the Deed Records of Bastrop County, Texas, the
following twenty (20) courses and distances:
1. North 4723'16" West, a distance of 3253.08 feet to a
fence post found;
2. South 4409'12" West, a distance of 409.37 feet to a fence
post found;
3. North 4644'34" West, a distance of 1200.96 feet to a
fence post found for the northernmost corner of the said 521.94 acre
tract;
4. South 4236'54" West, a distance of 5098.99 feet to a
fence post found;
5. South 5526'29" East, a distance of 441.27 feet to a fence
post found;
6. South 6246'51" East, a distance of 837.23 feet to a fence
post found;
7. South 0517'56" West, a distance of 253.40 feet to a 1/2"
rebar with cap set;
8. South 2127'56" West, a distance of 43.48 feet to a 1/2"
rebar with cap set;
9. South 1522'04" East, a distance of 273.54 feet to a 1/2"
rebar with cap set;
10. South 4315'04" East, a distance of 125.98 feet to a 1/2"
rebar with cap set;
11. South 0522'04" East, a distance of 258.11 feet to a 1/2"
rebar with cap set;
12. South 3937'56" West, a distance of 311.40 feet to a 1/2"
rebar with cap set;
13. South 3923'56" West, a distance of 407.35 feet to a 1/2"
rebar with cap set;
14. South 2806'56" West, a distance of 512.87 feet to a 1/2"
rebar with cap set;
15. South 4636'56" West, a distance of 257.11 feet to a 1/2"
rebar with cap set;
16. South 5713'56" West, a distance of 582.89 feet to a
fence post found;
17. South 4742'14" West, a distance of 251.59 feet to a 1/2"
rebar with cap set;
18. South 4259'14" West, a distance of 415.67 feet to a 1/2"
rebar with cap set;
19. South 4742'14" West, a distance of 642.19 feet to a 1/2"
rebar with cap set;
20. South 4053'50" West, a distance of 1367.20 feet to a
1/2" rebar with cap set in the southwest line of County Road 157;
THENCE South 4637'37" East with the southwest line of County Road
157, the northeast line of the said 5566.770 acre tract, and the
southwest line of the said 521.94 acre tract, a distance of 483.43
feet to a 5/8" rebar found for the northernmost corner of a 200.00
acre tract of land described in Volume 819, Page 733 of the Deed
Records of Bastrop County, Texas, from which a 5/8" rebar found,
bears South 4934'20" East, a distance of 310.00 feet;
THENCE leaving the southwest line of County Road 157, South
3609'41" West with the southeast line of the said 5566.770 acre
tract and the northwest line of the said 200.00 acre tract, a
distance of 5247.42 feet to a 1/2" rebar with cap set on the north
bank of the Colorado River;
THENCE with the gradient boundary of the Colorado River the
following twenty-six (26) courses and distances:
1. South 8505'44" West, a distance of 730.40 feet to a 1/2"
rebar with cap set;
2. South 8540'17" West, a distance of 707.27 feet to a 1/2"
rebar with cap set;
3. South 8344'43" West, a distance of 273.16 feet to a 1/2"
rebar with cap set;
4. South 8200'05" West, a distance of 216.47 feet to a 1/2"
rebar with cap set;
5. North 8752'49" West, a distance of 509.38 feet to a 1/2"
rebar with cap set;
6. North 7645'21" West, a distance of 635.73 feet to a 1/2"
rebar with cap set;
7. North 6745'32" West, a distance of 696.58 feet to a 1/2"
rebar with cap set;
8. North 6030'49" West, a distance of 400.67 feet to a 1/2"
rebar with cap set;
9. North 6157'52" West, a distance of 178.15 feet to a 1/2"
rebar with cap set;
10. North 5648'32" West, a distance of 172.52 feet to a 1/2"
rebar with cap set;
11. North 3412'07" West, a distance of 315.00 feet to a 1/2"
rebar with cap set;
12. North 1749'08" West, a distance of 194.48 feet to a 1/2"
rebar with cap set;
13. North 0042'03" West, a distance of 330.38 feet to a 1/2"
rebar with cap set;
14. North 0551'25" East, a distance of 216.57 feet to a 1/2"
rebar with cap set;
15. North 3417'46" East, a distance of 328.17 feet to a 1/2"
rebar with cap set;
16. North 7835'08" East, a distance of 86.26 feet to a 1/2"
rebar with cap set;
17. North 2528'50" East, a distance of 805.50 feet to a 1/2"
rebar with cap set;
18. North 1928'15" East, a distance of 922.47 feet to a 1/2"
rebar with cap set;
19. North 1950'23" East, a distance of 477.86 feet to a 1/2"
rebar with cap set;
20. North 2115'22" East, a distance of 606.54 feet to a 1/2"
rebar with cap set;
21. North 2334'42" East, a distance of 654.28 feet to a 1/2"
rebar with cap set;
22. North 1712'19" East, a distance of 788.35 feet to a 1/2"
rebar with cap set;
23. North 1603'41" East, a distance of 419.54 feet to a 1/2"
rebar with cap set;
24. North 2134'10" East, a distance of 234.05 feet to a 1/2"
rebar with cap set;
25. North 0953'29" East, a distance of 465.10 feet to a 1/2"
rebar with cap set;
26. North 1131'48" East, a distance of 355.87 feet to a 1/2"
rebar with cap set in the west line of the said 92.556 acre tract;
THENCE leaving the east bank of the Colorado River, North 5349'09"
West with the southwest line of the said 92.556 acre tract, a
distance of 69.34 feet to a calculated point where the centerline of
Wilbarger Creek intersects the Colorado River, being the southeast
corner of a 136.212 acre tract of land described in Volume 892, Page
193 of the Official Records of Bastrop County, Texas;
THENCE with the centerline of Wilbarger Creek, the west line of the
said 92.556 acre tract, the southwest line of the said 5566.770 acre
tract, the southwest line of the said 54.912 acre tract, the east
line of the said 136.212 acre tract, the east line of a 81.191 acre
tract of land described in Volume 892, Page 193 of the Official
Records of Bastrop County, Texas, the northeast line of a 120.01
acre tract of land described in Volume 1023, Page 237 of the
Official Records of Bastrop County, Texas, the northeast line of an
1183.390 acre tract of land described in Volume 962, Page 195 of the
Official Records of Bastrop County, Texas, and the northeast line
of a 45.41 acre tract of land described in Volume 1530, Page 227 of
the Official Records of Bastrop County, Texas, the following
forty-one (41) courses and distances:
1. North 1810'09" East, a distance of 356.21 feet to a
calculated point;
2. North 4441'35" West, a distance of 227.87 feet to a
calculated point;
3. North 5329'52" West, a distance of 698.05 feet to a
calculated point;
4. North 3633'37" West, a distance of 235.46 feet to a
calculated point;
5. North 3759'00" West, a distance of 265.07 feet to a
calculated point;
6. North 0223'23" West, a distance of 270.27 feet to a
calculated point;
7. North 0010'50" West, a distance of 941.81 feet to a
calculated point;
8. North 0341'38" East, a distance of 331.45 feet to a
calculated point;
9. North 0115'11" West, a distance of 215.82 feet to a
calculated point;
10. North 1230'42" East, a distance of 662.97 feet to a
calculated point;
11. North 0235'44" West, a distance of 192.80 feet to a
calculated point;
12. North 2153'58" West, a distance of 662.71 feet to a
calculated point;
13. North 2615'09" West, a distance of 385.97 feet to a
calculated point;
14. North 0418'25" West, a distance of 270.75 feet to a
calculated point;
15. North 0603'43" West, a distance of 397.88 feet to a
calculated point;
16. North 6716'36" West, a distance of 108.33 feet to a
calculated point;
17. South 7545'13" West, a distance of 428.01 feet to a
calculated point;
18. North 7909'13" West, a distance of 537.38 feet to a
calculated point;
19. North 5052'06" West, a distance of 392.75 feet to a
calculated point;
20. North 3913'33" West, a distance of 286.04 feet to a
calculated point;
21. North 3723'11" West, a distance of 329.57 feet to a
calculated point;
22. North 4600'34" West, a distance of 289.79 feet to a
calculated point;
23. North 4225'33" West, a distance of 290.86 feet to a
calculated point;
24. North 4823'28" West, a distance of 125.14 feet to a
calculated point;
25. North 4912'01" West, a distance of 111.23 feet to a
calculated point;
26. North 3708'08" West, a distance of 298.62 feet to a
calculated point;
27. North 3717'46" West, a distance of 179.22 feet to a
calculated point;
28. North 4900'32" West, a distance of 191.23 feet to a
calculated point;
29. North 6013'33" West, a distance of 62.78 feet to a
calculated point;
30. North 7801'38" West, a distance of 186.28 feet to a
calculated point;
31. North 8404'00" West, a distance of 523.37 feet to a
calculated point;
32. North 6223'15" West, a distance of 323.37 feet to a
calculated point;
33. North 6530'05" West, a distance of 415.74 feet to a
calculated point;
34. North 4200'42" West, a distance of 245.40 feet to a
calculated point;
35. North 2201'15" West, a distance of 525.05 feet to a
calculated point;
36. North 4502'25" East, a distance of 181.27 feet to a
calculated point;
37. North 3728'34" East, a distance of 163.28 feet to a
calculated point;
38. North 0253'36" West, a distance of 147.59 feet to a
calculated point;
39. North 5530'50" West, a distance of 200.15 feet to a
calculated point;
40. North 6253'27" West, a distance of 211.80 feet to a
calculated point;
41. North 7910'31" West, a distance of 96.93 feet to a
calculated point for the westernmost corner of the said 5566.770
acre tract, being in the southeast line of the said 885.050 acre
tract, being also the northernmost corner of the said 45.41 acre
tract;
THENCE South 5806'49" West with the southeast line of the said
885.050 acre tract, the northwest line of the said 45.41 acre tract,
and the northwest line of a 114.586 acre tract of land described in
Volume 1606, Page 407 of the Deed Records of Bastrop County, Texas,
passing a 1/2" rebar found, 0.19 feet left of said line, at a
distance of 1083.65 feet, continuing for a distance of 2781.45
feet, for a total distance of 3865.10 feet to a 3/8" rebar found for
the westernmost corner of the said 114.586 acre tract, being in the
northeast line of a 209.578 acre tract of land described in Volume
1647, Page 758 of the Deed Records of Bastrop County, Texas;
THENCE with the common line of the said 885.050 acre tract and the
said 209.578 acre tract, the following five (5) courses and
distances:
1. North 2343'10" West, a distance of 1283.09 feet to a rock
found;
2. South 5612'43" West, a distance of 1353.55 feet to a 1/2"
rebar found;
3. South 2452'43" East, a distance of 1248.48 feet to a 1/2"
rebar found;
4. South 5748'10" West, a distance of 2309.82 feet to a 1/2"
rebar with "Olson" cap found;
5. South 2825'35" West, a distance of 3220.57 feet to a 1/2"
rebar with cap set in the northeast right-of-way line of F.M. 969
(right-of-way width varies) as described in Volume 148, Page 428 of
the Deed Records of Bastrop County, Texas, being the southernmost
corner of the said 885.050 acre tract, from which a TxDOT type I
monument found in the north right-of-way line of F.M. 969 at highway
station 1166+53.6, 40' left, bears with a curve to the right with a
delta angle of 1306'31", an arc length of 446.10 feet, having a
radius of 1949.86 feet and a chord which bears South 0615'34" East,
a distance of 445.13 feet;
THENCE with the northeast right-of-way line of F.M. 969 and the
southwest line of the said 885.050 acre tract, the following two (2)
courses and distances:
1. With a curve to the left with a delta angle of 3306'39",
an arc length of 1126.81 feet, having a radius of 1949.86 feet and a
chord which bears North 2922'09" West, a distance of 1111.20 feet
to a calculated point at highway station 1151+12.6, 40' left, from
which a TxDOT type I monument found, bears North 3027'59" West, a
distance of 0.79 feet;
2. North 4555'28" West, a distance of 1768.14 feet to a 1/2"
rebar with cap set at the intersection of the north right-of-way
line of F.M. 969 and the east right-of-way line of County Road No.
55 (Lower Elgin Road) (apparent 40' right-of-way width), being also
in the westernmost corner of the said 885.050 acre tract, from which
a 1/2" rebar found, bears South 2744'29" West, a distance of 84.68
feet, and a nail found, bears North 2226'49" West, a distance of
1.15 feet;
THENCE North 2744'29" East with the east right-of-way line of
County Road No. 55 and the west line of the said 885.050 acre tract,
passing a 1/2" rebar with cap set for reference, at a distance of
3042.70 feet, continuing for a total distance of 3298.99 feet to a
calculated point for an angle point in the north line of the said
885.050 acre tract, being an angle point in the south line of a 30
acre tract of land described as Lot 7 in Volume 40, Page 578 of the
Deed Records of Bastrop County, Texas, from which a 1/2" rebar
found, bears South 3529'38" West, a distance of 271.86 feet;
THENCE North 8247'14" East with the north line of the said 885.050
acre tract and the south line of Lots 6 and 7 described in Volume 40,
Page 578 of the Deed Records of Bastrop County, Texas, passing a
1/2" rebar with cap set for reference, at a distance of 1527.58
feet, continuing for a total distance of 3161.94 feet to a 1/2"
rebar found for an angle point in the west line of the said 885.050
acre tract, being the easternmost corner of said Lot 6;
THENCE North 1136'22" West with the west line of the said 885.050
acre tract and the east line of Lots 5 and 6 described in Volume 40,
Page 578 of the Deed Records of Bastrop County, Texas, passing a
3/8" rebar found, 9.68 feet left of said line, at a distance of
910.55 feet, and continuing with said line for a total distance of
1437.69 feet to a 1/2" rebar found in a creek for an angle point in
the west line of the said 885.050 acre tract, being an angle point
in the east line of a 15.385 acre tract of land described in Volume
1017, Page 1 of the Deed Records of Bastrop County, Texas, being
also an angle point in the east line of a 13.106 acre tract
described in Volume 1017, Page 1 of the Deed Records of Bastrop
County, Texas;
THENCE with the west line of the said 885.050 acre tract and the
east line of the said 13.106 acre tract and along the approximate
centerline of said creek, the following six (6) courses and
distances:
1. North 7651'55" East, a distance of 121.56 feet to a 1/2"
rebar found;
2. North 8859'35" East, a distance of 191.76 feet to a 1/2"
rebar found;
3. North 8347'10" East, a distance of 174.18 feet to a 1/2"
rebar found;
4. North 5806'55" East, a distance of 113.09 feet to a 1/2"
rebar found;
5. North 5439'37" East, a distance of 166.40 feet to a 1/2"
rebar found;
6. North 5122'18" East, a distance of 64.23 feet to a 1/2"
rebar found for the northeast corner of the said 13.106 acre tract,
being the southeast corner of a 58 acre tract of land described in
Volume 224, Page 423 of the Deed Records of Bastrop County, Texas;
THENCE continuing with said creek, with the west line of the said
885.050 acre tract and the east line of the said 58 acre tract, the
following two (2) courses and distances:
1. North 6822'45" East, a distance of 271.19 feet to a fence
post found for monument;
2. North 5336'10" East, a distance of 385.22 feet to a 1/2"
rebar found for the northeast corner of the said 58 acre tract,
being the southeast corner of a 19.021 acre tract of land described
in Volume 854, Page 703 of the Deed Records of Bastrop County,
Texas;
THENCE North 2821'29" East with the west line of the said 885.050
acre tract, the east line of the said 19.021 acre tract, the east
line of a 50 acre tract of land described in Volume 144, Page 319 of
the Deed Records of Bastrop County, Texas, and the east line of a
159.907 acre tract of land described in Volume 962, Page 195 of the
Deed Records of Bastrop County, Texas, passing a 1/2" rebar found,
1.47 feet left of said line, at a distance of 441.61 feet, then
passing a 1/2" rebar found, 1.22 feet right of said line, at a
distance of 365.63 feet, and continuing with said line for a total
distance of 2605.06 feet to a 1/2" rebar found on the south bank of
Wilbarger Creek;
THENCE North 1256'58" East crossing Wilbarger Creek with the west
line of the said 885.050 acre tract, a distance of 143.50 feet to a
1/2" rebar found on the north bank of Wilbarger Creek, being the
east line of a 45.49 acre tract of land described in Volume 513,
Page 676 of the Deed Records of Bastrop County, Texas;
THENCE North 2713'17" East with the west line of the said 885.050
acre tract and the east line of the said 45.49 acre tract, a
distance of 1532.78 feet to a 1/2" rebar found for the northernmost
corner of the said 885.050 acre tract, being the southwest corner of
a 316.745 acre tract of land described in Volume 1386, Page 90 of
the Deed Records of Bastrop County, Texas, from which a 1/2" rebar
found for the northeast corner of the said 45.49 acre tract, being
in the west line of the said 316.745 acre tract, being also the
southeast corner of a 5.608 acre tract of land described in Document
No. 200716605 of the Official Public Records of Bastrop County,
Texas, bears North 2731'37" East, a distance of 133.37 feet;
THENCE with the north line of the said 885.050 acre tract and the
south line of the said 316.745 acre tract, the following four (4)
courses and distances:
1. South 6230'46" East, a distance of 942.34 feet to a 1/2"
rebar with "Garon" cap found;
2. South 6257'17" East, a distance of 916.62 feet to a 1/2"
rebar with "Garon" cap found;
3. South 6321'08" East, a distance of 634.93 feet to a 1/2"
rebar with "Garon" cap found;
4. South 6306'16" East, a distance of 880.61 feet to a 5/8"
rebar found for the southeast corner of the said 316.745 acre tract,
being the southwest corner of a 66.858 acre tract of land described
in Volume 1058, Page 728 of the Deed Records of Bastrop County,
Texas;
THENCE with the common line of the said 885.050 acre tract and the
said 66.858 acre tract, the following five (5) courses and
distances:
1. South 6311'38" East, a distance of 341.67 feet to a 1/2"
rebar with "Garon" cap found;
2. South 6253'36" East, a distance of 543.52 feet to a 1/2"
rebar with "Garon" cap found;
3. South 6236'20" East, a distance of 501.08 feet to a nail
found;
4. South 6342'58" East, a distance of 475.51 feet to a 1/2"
rebar with "Garon" cap found;
5. North 2509'55" East, a distance of 32.78 feet to a 1/2"
rebar with "Chaparral Boundary" cap found for a southwest corner of
the said 1164.571 acre tract;
THENCE with the northwest line of the said 1164.571 acre tract and
the southeast line of the said 66.858 acre tract, the following five
(5) courses and distances:
1. North 2509'55" East, a distance of 113.46 feet to a 1/2"
rebar with cap found;
2. North 2853'47" East, a distance of 758.30 feet to a 1/2"
rebar with cap found;
3. North 2745'53" East, a distance of 362.70 feet to a 1/2"
rebar with cap found;
4. North 2720'28" East, a distance of 287.70 feet to a 1/2"
rebar with cap found;
5. North 2747'34" East, a distance of 52.47 feet to a 1/2"
rebar with cap found for the easternmost corner of the said 66.858
acre tract, being the southernmost corner of a 24.701 acre tract of
land described in Volume 1058, Page 717 of the Deed Records of
Bastrop County, Texas;
THENCE with the northwest line of the said 1164.571 acre tract and
the southeast line of the said 24.701 acre tract, the following two
(2) courses and distances:
1. North 2747'05" East, a distance of 312.70 feet to a 1/2"
rebar with cap set;
2. North 2702'55" East, a distance of 1087.10 feet to a 1/2"
rebar with cap found for the easternmost corner of the said 24.701
acre tract, being the southernmost corner of a 48.609 acre tract of
land described in Volume 1084, Page 597 of the Deed Records of
Bastrop County, Texas;
THENCE North 2712'21" East with the northwest line of the said
1164.571 acre tract and the southeast line of the said 48.609 acre
tract, a distance of 545.66 feet to a 1/2" rebar with cap set for the
easternmost corner of the said 48.609 acre tract, being the
southernmost corner of a 53.86 acre tract of land described in
Volume 289, Page 444 of the Deed Records of Bastrop County, Texas;
THENCE with the common line of the said 1164.571 acre tract and the
said 53.86 acre tract, the following two (2) courses and distances:
1. North 2628'49" East, a distance of 1052.53 feet to a 1/2"
rebar with cap set;
2. North 6123'59" West, a distance of 330.48 feet to a fence
post found for the southernmost corner of a 63.426 acre tract of
land described in Volume 1560, Page 952 of the Deed Records of
Bastrop County, Texas, from which a buggy spring found for the
northernmost corner of the said 53.86 acre tract, being an angle
point in the southwest line of the said 63.426 acre tract, bears
North 6257'21" West, a distance of 1913.76 feet;
THENCE North 2735'36" East with the northwest line of the said
1164.571 acre tract and the southeast line of the said 63.426 acre
tract, a distance of 1773.67 feet to a 1/2" rebar with cap found for
the easternmost corner of the said 63.426 acre tract, being in the
southeast line of the remainder of a 123.0 acre tract of land
described in Volume 286, Page 612 of the Deed Records of Bastrop
County, Texas;
THENCE with the common line of the said 1164.571 acre tract and the
said 123.0 acre tract, the following two (2) courses and distances:
1. North 2735'36" East, a distance of 633.98 feet to a fence
post found for the easternmost corner of the said 123.0 acre tract;
2. North 6233'42" West, a distance of 2293.69 feet to a 1/2"
rebar with cap found for the northernmost corner of the said 123.0
acre tract, being in the southeast line of a 11.068 acre tract of
land described in Volume 429, Page 271 of the Deed Records of
Bastrop County, Texas, from which an axle found in the northwest
line of the said 123.0 acre tract, being in the southeast line of
the said 11.068 acre tract, bears South 2154'50" West, a distance
of 26.68 feet;
THENCE North 2222'27" East with the northwest line of the said
1164.571 acre tract and the southeast line of the said 11.068 acre
tract, a distance of 130.88 feet to a fence post found for the
easternmost corner of the said 11.068 acre tract, being the
southernmost corner of a 145.5 acre tract of land described in
Volume 119, Page 236 of the Deed Records of Bastrop County, Texas;
THENCE North 2726'14" East with the northwest line of the said
1164.571 acre tract and the southeast line of the said 145.5 acre
tract, a distance of 2555.76 feet to a fence post found for the
northernmost corner of the said 1164.571 acre tract, being the
easternmost corner of the said 145.5 acre tract, being also in the
southwest line of a 548 acre tract of land described in Volume 70,
Page 116 of the Deed Records of Bastrop County, Texas;
THENCE with the common line of the said 1164.571 acre tract, the
said 548 acre tract, and a 227 acre tract of land described in
Volume 42, Page 234 of the Deed Records of Bastrop County, Texas,
the following three (3) courses and distances:
1. South 6318'35" East, a distance of 2311.22 feet to a
fence post found;
2. South 6346'52" East, a distance of 2344.71 feet to a
fence post found for the southernmost corner of the said 227 acre
tract;
3. North 2901'34" East, a distance of 1324.43 feet to a
fence post found for a northwest corner of the said 1164.571 acre
tract, being the easternmost corner of the said 227 acre tract,
being also in the being in the southwest line of a 416.6 acre tract
of land described in Volume 42, Page 511 of the Deed Records of
Bastrop County, Texas;
THENCE South 4917'46" East with the northeast line of the said
1164.571 acre tract, the southwest line of the said 416.6 acre
tract, the southwest line of a 50 acre tract of land and a 100 acre
tract of land described in Volume 42, Page 636 of the Deed Records
of Bastrop County, Texas, and the southwest line of an 89 acre tract
of land described in Volume 47, Page 129 of the Deed Records of
Bastrop County, Texas, a distance of 2611.04 feet to a 5/8" rebar
found for the northernmost corner of a 408.48 acre tract of land
described in Volume 248, Page 498 of the Deed Records of Bastrop
County, Texas, from which a 1/2" rebar with cap found, bears South
4841'08" East, a distance of 2813.70 feet;
THENCE with the common line of the said 1164.571 acre tract and the
said 408.48 acre tract, the following three (3) courses and
distances:
1. South 2840'50" West, a distance of 936.94 feet to a 60d
nail in fence corner post found;
2. South 2823'43" West, a distance of 1830.59 feet to a 5/8"
rebar found for the westernmost corner of the said 408.48 acre
tract;
3. South 4743'25" East, a distance of 2201.53 feet to a 1/2"
rebar with cap set for the easternmost corner of the said 1164.571
acre tract, being the northernmost corner of the said 507.061 acre
tract, from which a 5/8" rebar found in the southwest line of a
274.814 acre tract of land described in Volume 1288, Page 317 of the
Deed Records of Bastrop County, Texas, bears North 3915'25" West, a
distance of 219.15 feet;
THENCE with the common line of the said 507.061 acre tract and the
said 408.48 acre tract the following six (6) courses and distances:
1. South 4744'36" East, a distance of 1304.52 feet to a 1/2"
rebar with cap set;
2. South 4819'36" East, a distance of 1563.89 feet to a 1/2"
rebar with cap set, from which a 1/2" rebar found, bears North
2233'14" West, a distance of 84.41 feet;
3. North 5410'24" East, a distance of 96.67 feet to a 1/2"
rebar with cap set, from which a 1/2" rebar found, bears North
1646'28" East, a distance of 45.98 feet;
4. South 4919'36" East, a distance of 416.11 feet to a fence
post found in the northwest line of County Road 157 (no apparent
defined right-of-way width);
5. South 4156'51" West with the northwest line of County
Road 157, a distance of 93.59 feet to a 1/2" rebar with cap set;
6. South 4659'50" East, passing a fence post found at a
distance of 56.24 feet, continuing for a distance of 640.29 feet,
for a total distance of 696.53 feet to a calculated point in the
centerline of Big Sandy Creek, being the southernmost corner of the
said 408.48 acre tract, being also in the west line of a 269 acre
tract of land described in Volume 199, Page 843 of the Deed Records
of Bastrop County, Texas;
THENCE with the centerline of Big Sandy Creek and the common line of
the said 507.061 acre tract and the said 269 acre tract the
following eleven (11) courses and distances:
1. South 0016'10" West, a distance of 100.83 feet to a
calculated point;
2. South 0556'52" West, a distance of 170.09 feet to a
calculated point;
3. South 1001'24" West, a distance of 693.13 feet to a
calculated point;
4. South 0723'34" East, a distance of 296.19 feet to a
calculated point;
5. South 2356'10" East, a distance of 121.78 feet to a
calculated point;
6. South 1445'47" East, a distance of 95.81 feet to a
calculated point;
7. South 0554'11" East, a distance of 473.59 feet to a
calculated point;
8. South 1931'37" East, a distance of 207.16 feet to a
calculated point;
9. South 0142'40" West, a distance of 287.95 feet to a
calculated point;
10. South 0747'17" West, a distance of 166.47 feet to a
calculated point;
11. South 0627'49" East, a distance of 44.60 feet to a
calculated point for the northeast corner of a 5 acre tract of land
described in Volume 211, Page 502 of the Deed Records of Bastrop
County, Texas;
THENCE leaving the centerline of Big Sandy Creek, with the common
line of the said 507.061 acre tract and the said 5 acre tract the
following three (3) courses and distances:
1. North 8520'05" West, a distance of 92.50 feet to a 1/2"
rebar with cap set;
2. South 0754'55" West, a distance of 339.17 feet to a 1/2"
rebar with cap set;
3. South 1509'55" West, a distance of 307.78 feet to a 1/2"
rebar with cap set on the north line of a 30' lane referenced in
Volume 49, Page 614, Volume 118, Page 150, Volume 209, Page 783 and
Volume 211, Page 502, all of the Deed Records of Bastrop County,
Texas;
THENCE with the common line of the said 507.061 acre tract and the
said 5 acre tract, with the north line of the said 30' lane a
distance of 30' from and parallel to the north line of the said
160.346 acre tract, the following three (3) courses and distances:
1. North 8948'11" West, a distance of 281.66 feet to a 1/2"
rebar with cap set;
2. South 8541'49" West, a distance of 213.56 feet to a 1/2"
rebar with cap set;
3. North 7803'11" West, a distance of 267.67 feet to a 1/2"
rebar with cap set;
THENCE South 3712'24" West, over and across said 30' lane, with the
southeast line of the said 507.061 acre tract, a distance of 33.18
feet to fence post found in the south line of the 30' lane, being in
the north line of the said 160.346 acre tract;
THENCE with the north line of the said 160.346 acre tract and the
south line of the said 30' lane the following five (5) courses and
distances:
1. South 7803'11" East, a distance of 286.11 feet to a 1/2"
rebar with cap set;
2. North 8541'49" East, a distance of 216.67 feet to a 1/2"
rebar with cap set;
3. South 8948'11" East, a distance of 500.00 feet to a 1/2"
rebar with cap set;
4. South 1048'11" East, a distance of 336.11 feet to a 1/2"
rebar with cap set;
5. South 4603'11" East, a distance of 222.22 feet to a
calculated point in the centerline of Big Sandy Creek, being the
easternmost corner of the said 160.346 acre tract, being in the
northwest line of the said 5566.770 acre tract, being also the
southernmost corner of the said 269 acre tract;
THENCE North 4229'40" East with the northwest line of the said
5566.770 acre tract and the southeast line of the said 269 acre
tract, a distance of 4623.26 feet to a fence post found for the
westernmost corner of the said 94.5 acre tract;
THENCE with the common line of the said 5566.770 acre tract and the
said 94.5 acre tract the following two (2) courses and distances:
1. South 4806'21" East, a distance of 1682.86 feet to a 1/2"
rebar found for the southernmost corner of the said 94.5 acre tract;
2. North 4231'01" East, a distance of 2088.46 feet to the
POINT OF BEGINNING, containing 9322.496 (gross) acres of land, more
or less, a portion of which lies within the roadway, and
approximately 1.425 acres within fenced cemetery.
SAVE AND EXCEPT 1.379 ACRES IN COUNTY ROAD 157 (SAYERS ROAD)
RIGHT-OF-WAY (AS DESCRIBED IN EXHIBIT B ATTACHED HERETO) FOR A
TOTAL OF 9321.117 (NET) ACRES OF LAND, MORE OR LESS.
5566.770 acre tract, 507.061 acre tract, 19.149 acre tract, 54.912
acre tract, 92.556 acre tract, 160.346 acre tract and 112.676 acre
tract all surveyed on the ground in August, September and October,
2005. 758.026 and 1164.571 acre tracts surveyed on the ground in
March and April, 2006. 885.050 acre tract surveyed on the ground in
July and August, 2007. Bearing basis is grid azimuth for Texas
central zone, 1983/93 HARN values from LCRA control network.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect 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, 2009.