Texas 2009 - 81st Regular

Texas Senate Bill SB1104 Compare Versions

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11 81R8401 PMO-F
22 By: Hegar S.B. No. 1104
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the XS Ranch Municipal Utility
88 District; providing authority to impose a tax and issue bonds;
99 granting a limited power of eminent domain.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1212 Code, is amended by adding Chapter 8306 to read as follows:
1313 CHAPTER 8306. XS RANCH MUNICIPAL UTILITY DISTRICT
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 8306.001. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "Director" means a board member.
1818 (3) "District" means the XS Ranch Municipal Utility
1919 District.
2020 Sec. 8306.002. NATURE OF DISTRICT. The district is a
2121 municipal utility district created under Section 59, Article XVI,
2222 Texas Constitution.
2323 Sec. 8306.003. CONFIRMATION AND DIRECTORS' ELECTION
2424 REQUIRED. The temporary directors shall hold an election to
2525 confirm the creation of the district and to elect five permanent
2626 directors as provided by Section 49.102, Water Code.
2727 Sec. 8306.004. CONSENT OF MUNICIPALITY REQUIRED. The
2828 temporary directors may not hold an election under Section 8306.003
2929 until each municipality in whose corporate limits or
3030 extraterritorial jurisdiction the district is located has
3131 consented by ordinance or resolution to the creation of the
3232 district and to the inclusion of land in the district.
3333 Sec. 8306.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
3434 The district is created to serve a public purpose and benefit.
3535 (b) The district is created to accomplish the purposes of:
3636 (1) a municipal utility district as provided by
3737 general law and Section 59, Article XVI, Texas Constitution; and
3838 (2) Section 52, Article III, Texas Constitution, that
3939 relate to the construction, acquisition, improvement, operation,
4040 or maintenance of macadamized, graveled, or paved roads, or
4141 improvements, including storm drainage, in aid of those roads.
4242 Sec. 8306.006. INITIAL DISTRICT TERRITORY. (a) The
4343 district is initially composed of the territory described by
4444 Section 2 of the Act creating this chapter.
4545 (b) The boundaries and field notes contained in Section 2 of
4646 the Act creating this chapter form a closure. A mistake made in the
4747 field notes or in copying the field notes in the legislative process
4848 does not affect the district's:
4949 (1) organization, existence, or validity;
5050 (2) right to issue any type of bond for the purposes
5151 for which the district is created or to pay the principal of and
5252 interest on a bond;
5353 (3) right to impose a tax; or
5454 (4) legality or operation.
5555 [Sections 8306.007-8306.050 reserved for expansion]
5656 SUBCHAPTER B. BOARD OF DIRECTORS
5757 Sec. 8306.051. GOVERNING BODY; TERMS. (a) The district is
5858 governed by a board of five elected directors.
5959 (b) Except as provided by Section 8306.052, directors serve
6060 staggered four-year terms.
6161 Sec. 8306.052. TEMPORARY DIRECTORS. (a) The temporary
6262 board consists of:
6363 (1) Mark Engels;
6464 (2) Mark Oldemeyer;
6565 (3) J. Sulester;
6666 (4) William Faust; and
6767 (5) Don Montague.
6868 (b) Temporary directors serve until the earlier of:
6969 (1) the date permanent directors are elected under
7070 Section 8306.003; or
7171 (2) the fourth anniversary of the effective date of
7272 the Act creating this chapter.
7373 (c) If permanent directors have not been elected under
7474 Section 8306.003 and the terms of the temporary directors have
7575 expired, successor temporary directors shall be appointed or
7676 reappointed as provided by Subsection (d) to serve terms that
7777 expire on the earlier of:
7878 (1) the date permanent directors are elected under
7979 Section 8306.003; or
8080 (2) the fourth anniversary of the date of the
8181 appointment or reappointment.
8282 (d) If Subsection (c) applies, the owner or owners of a
8383 majority of the assessed value of the real property in the district
8484 may submit a petition to the commission requesting that the
8585 commission appoint as successor temporary directors the five
8686 persons named in the petition. The commission shall appoint as
8787 successor temporary directors the five persons named in the
8888 petition.
8989 [Sections 8306.053-8306.100 reserved for expansion]
9090 SUBCHAPTER C. POWERS AND DUTIES
9191 Sec. 8306.101. GENERAL POWERS AND DUTIES. The district has
9292 the powers and duties necessary to accomplish the purposes for
9393 which the district is created.
9494 Sec. 8306.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9595 DUTIES. The district has the powers and duties provided by the
9696 general law of this state, including Chapters 49 and 54, Water Code,
9797 applicable to municipal utility districts created under Section 59,
9898 Article XVI, Texas Constitution.
9999 Sec. 8306.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100100 52, Article III, Texas Constitution, the district may design,
101101 acquire, construct, finance, issue bonds for, improve, operate,
102102 maintain, and convey to this state, a county, or a municipality for
103103 operation and maintenance macadamized, graveled, or paved roads, or
104104 improvements, including storm drainage, in aid of those roads.
105105 Sec. 8306.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106106 project must meet all applicable construction standards, zoning and
107107 subdivision requirements, and regulations of each municipality in
108108 whose corporate limits or extraterritorial jurisdiction the road
109109 project is located.
110110 (b) If a road project is not located in the corporate limits
111111 or extraterritorial jurisdiction of a municipality, the road
112112 project must meet all applicable construction standards,
113113 subdivision requirements, and regulations of each county in which
114114 the road project is located.
115115 (c) If the state will maintain and operate the road, the
116116 Texas Transportation Commission must approve the plans and
117117 specifications of the road project.
118118 Sec. 8306.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119119 OR RESOLUTION. The district shall comply with all applicable
120120 requirements of any ordinance or resolution that is adopted under
121121 Section 54.016 or 54.0165, Water Code, and that consents to the
122122 creation of the district or to the inclusion of land in the
123123 district.
124124 Sec. 8306.106. LIMITATION ON USE OF EMINENT DOMAIN. The
125125 district may not exercise the power of eminent domain outside the
126126 district to acquire a site or easement for:
127127 (1) a road project authorized by Section 8306.103; or
128128 (2) a recreational facility as defined by Section
129129 49.462, Water Code.
130130 Sec. 8306.107. DIVISION OF DISTRICT. (a) The district may
131131 be divided into two or more new districts only if the district:
132132 (1) has no outstanding bonded debt; and
133133 (2) is not imposing ad valorem taxes or assessments.
134134 (b) Any new district created by the division of the district
135135 has all the powers and duties of the district, including the power
136136 to divide in accordance with this section.
137137 (c) Any new district created by the division of the district
138138 may not, at the time the new district is created, contain any land
139139 outside the area described by Section 2 of the Act creating this
140140 chapter.
141141 (d) The board, on its own motion or on receipt of a petition
142142 signed by the owners of a majority of the assessed value of real
143143 property in the district according to the most recent certified
144144 appraisal roll for each county in which the district is located, may
145145 adopt an order dividing the district.
146146 (e) The board may adopt an order dividing the district
147147 before or after the date the board holds an election under Section
148148 8306.003 to confirm the district's creation.
149149 (f) An order dividing the district shall:
150150 (1) name each new district;
151151 (2) include the metes and bounds of each new district;
152152 (3) appoint temporary directors for each new district;
153153 and
154154 (4) provide for the division of assets and liabilities
155155 between each new district.
156156 (g) On or before the 30th day after the date of adoption of
157157 an order dividing the district, the district shall file the order
158158 with the Texas Commission on Environmental Quality and record the
159159 order in the real property records of each county in which the
160160 district is located.
161161 (h) Any new district created by the division of the district
162162 shall hold a confirmation and directors' election as required by
163163 Section 8306.003.
164164 (i) Any new district created by the division of the district
165165 must hold an election as required by this chapter to obtain voter
166166 approval before the district may impose a maintenance tax or issue
167167 bonds payable wholly or partly from ad valorem taxes.
168168 [Sections 8306.108-8306.150 reserved for expansion]
169169 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
170170 Sec. 8306.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
171171 district may issue, without an election, bonds and other
172172 obligations secured by:
173173 (1) revenue other than ad valorem taxes; or
174174 (2) contract payments described by Section 8306.153.
175175 (b) The district must hold an election in the manner
176176 provided by Chapters 49 and 54, Water Code, to obtain voter approval
177177 before the district may impose an ad valorem tax or issue bonds
178178 payable from ad valorem taxes.
179179 (c) The district may not issue bonds payable from ad valorem
180180 taxes to finance a road project unless the issuance is approved by a
181181 vote of a two-thirds majority of the district voters voting at an
182182 election held for that purpose.
183183 Sec. 8306.152. OPERATION AND MAINTENANCE TAX. (a) If
184184 authorized at an election held under Section 8306.151, the district
185185 may impose an operation and maintenance tax on taxable property in
186186 the district in accordance with Section 49.107, Water Code.
187187 (b) The board shall determine the tax rate. The rate may not
188188 exceed the rate approved at the election.
189189 Sec. 8306.153. CONTRACT TAXES. (a) In accordance with
190190 Section 49.108, Water Code, the district may impose a tax other than
191191 an operation and maintenance tax and use the revenue derived from
192192 the tax to make payments under a contract after the provisions of
193193 the contract have been approved by a majority of the district voters
194194 voting at an election held for that purpose.
195195 (b) A contract approved by the district voters may contain a
196196 provision stating that the contract may be modified or amended by
197197 the board without further voter approval.
198198 [Sections 8306.154-8306.200 reserved for expansion]
199199 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
200200 Sec. 8306.201. AUTHORITY TO ISSUE BONDS AND OTHER
201201 OBLIGATIONS. The district may issue bonds or other obligations
202202 payable wholly or partly from ad valorem taxes, impact fees,
203203 revenue, contract payments, grants, or other district money, or any
204204 combination of those sources, to pay for any authorized district
205205 purpose.
206206 Sec. 8306.202. TAXES FOR BONDS. At the time the district
207207 issues bonds payable wholly or partly from ad valorem taxes, the
208208 board shall provide for the annual imposition of a continuing
209209 direct ad valorem tax, without limit as to rate or amount, while all
210210 or part of the bonds are outstanding as required and in the manner
211211 provided by Sections 54.601 and 54.602, Water Code.
212212 Sec. 8306.203. BONDS FOR ROAD PROJECTS. At the time of
213213 issuance, the total principal amount of bonds or other obligations
214214 issued or incurred to finance road projects and payable from ad
215215 valorem taxes may not exceed one-fourth of the assessed value of the
216216 real property in the district.
217217 SECTION 2. The XS Ranch Municipal Utility District
218218 initially includes all the territory contained in the following
219219 area:
220220 A DESCRIPTION OF 9.631 ACRES IN THE ALBERT BLACK SURVEY ABS. NO. 84,
221221 BASTROP COUNTY, TEXAS, BEING ALL OF A 9.631 ACRE TRACT CONVEYED TO
222222 XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN
223223 DATED DECEMBER 19, 2006 AND RECORDED IN DOCUMENT NO. 200619026 OF
224224 THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; SAID 9.631
225225 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
226226 FOLLOWS:
227227 BEGINNING at a 1/2" rebar found for the southernmost corner of the
228228 said 9.631 acre tract, being an angle point in the northeast line of
229229 a 36.373 acre tract of land described in Volume 1110, Page 812 of
230230 the Deed Records of Bastrop County, Texas;
231231 THENCE North 4627'36" West with the southwest line of the said
232232 9.631 acre tract and the northeast line of the said 36.373 acre
233233 tract, a distance of 359.38 feet to a 1/2" rebar with cap found in
234234 the southeast line of County Road 157 (no apparent defined
235235 right-of-way width), being the westernmost corner of the said 9.631
236236 acre tract, being also the northernmost corner of the said 36.373
237237 acre tract, from which a fence post found, bears North 5517'54"
238238 West, a distance of 47.73 feet;
239239 THENCE with the southeast line of the County Road 157 and the
240240 northwest line of the said 9.631 acre tract the following five (5)
241241 courses and distances:
242242 1. North 4546'15" East, a distance of 258.49 feet to a 1/2"
243243 rebar with cap set;
244244 2. North 4436'32" East, a distance of 385.38 feet to a 1/2"
245245 rebar with cap set;
246246 3. North 5355'26" East, a distance of 65.50 feet to a 1/2"
247247 rebar with cap set;
248248 4. North 5639'18" East, a distance of 735.33 feet to a 1/2"
249249 rebar with cap set;
250250 5. North 5918'13" East, a distance of 148.13 feet to a 1/2"
251251 rebar with cap set for the northernmost corner of the said 9.631
252252 acre tract;
253253 THENCE South 3113'11" East with the northeast line of the said
254254 9.631 acre tract, a distance of 97.92 feet to a 1/2" rebar found for
255255 the easternmost corner of the said 9.631 acre tract, being in the
256256 northwest line of a 26 acre tract of land described in Volume 184,
257257 Page 37 of the Deed Records of Bastrop County, Texas;
258258 THENCE South 4228'16" West with the southeast line of the said
259259 9.631 acre tract, the northwest line of the said 26 acre tract, and
260260 the northwest line of the said 36.373 acre tract, a distance of
261261 1541.28 feet to the POINT OF BEGINNING, containing 9.631 acres of
262262 land, more or less.
263263 Surveyed on the ground in October, 2005. Bearing basis is grid
264264 azimuth for Texas central zone, 1983/93 HARN values from LCRA
265265 control network.
266266 THENCE North 4201'01" East, crossing County Road 48, with the north
267267 line of the said 2.064 acre tract and the south line of the said
268268 21.721 acre tract, passing a 1/2" rebar found at a distance of 1.92
269269 feet, and continuing a distance of 230.22 feet, for a total distance
270270 of 232.14 feet to the POINT OF BEGINNING, containing 2.064 acres of
271271 land, more or less, a portion of which lies within the roadway of
272272 County Road 48.
273273 Surveyed on the ground in October, 2005. Bearing basis is grid
274274 azimuth for Texas central zone, 1983/93 HARN values from LCRA
275275 control network.
276276 A DESCRIPTION OF 6.114 ACRES IN THE ISAAC HARRIS SURVEY NO. 2,
277277 ABSTRACT NO. 38, BASTROP COUNTY, TEXAS, BEING ALL OF A 6.114 ACRE
278278 TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED
279279 WITH VENDOR'S LIEN DATED DECEMBER 19, 2006 AND RECORDED IN DOCUMENT
280280 NO. 200619026 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY,
281281 TEXAS; SAID 6.114 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
282282 AND BOUNDS AS FOLLOWS:
283283 BEGINNING at a 1/2" iron pipe found in the west right-of-way line of
284284 State Highway 95, being the southeast corner of the said 6.114 acre
285285 tract, being in the northwest line of a Department of Justice 163.41
286286 acre tract, from which a concrete highway monument found bears,
287287 South 0444'18" West, a distance of 9494.37 feet;
288288 THENCE South 3826'28" West with the southeast line of the said
289289 6.114 acre tract and the northwest line of the said 163.41 acre
290290 tract, passing a 1/2" iron pipe found at a distance of 438.05 feet,
291291 continuing for a distance of 1.08 feet, for a total distance of
292292 439.13 feet to a 1/2" rebar with cap set in the east right-of-way
293293 line of The Union Pacific Railroad (100' right-of-way width), being
294294 the southwest corner of the said 6.114 acre tract;
295295 THENCE North 0714'40" East with the east right-of-way line of The
296296 Union Pacific Railroad and the west line of the said 6.114 acre
297297 tract, a distance of 1469.53 feet to a 1/2" rebar with cap set for
298298 the northwest corner of the said 6.114 acre tract, from which a 1/2"
299299 rebar with cap set for the southwest corner of a 2.064 acre tract of
300300 land described in Document No. 200619026 of the Official Public
301301 Records of Bastrop County, Texas, bears North 0714'40" East, a
302302 distance of 408.85 feet;
303303 THENCE South 8514'10" East with the north line of the said 6.114
304304 acre tract, a distance of 179.90 feet to a 1/2" rebar with cap set in
305305 the west right-of-way line of State Highway 95, being the northeast
306306 corner of the said 6.114 acre tract, from which a 1/2" rebar with
307307 cap set for the southeast corner of the said 2.064 acre tract, bears
308308 North 0445'50" East, a distance of 408.47 feet;
309309 THENCE South 0445'50" West with the west right-of-way line of State
310310 Highway 95 and the east line of the said 6.114 acre tract, a
311311 distance of 1102.72 feet to the POINT OF BEGINNING, containing
312312 6.114 acres of land, more or less.
313313 Surveyed on the ground in October, 2005. Bearing basis is grid
314314 azimuth for Texas central zone, 1983/93 HARN values from LCRA
315315 control network.
316316 A DESCRIPTION OF 5.608 ACRES IN THE JOSEPH ROGERS SURVEY NO. 6 ABS.
317317 NO. 55, BASTROP COUNTY, TEXAS, BEING ALL OF A 5.608 ACRE TRACT
318318 CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED DATED
319319 NOVEMBER 9, 2007 AND RECORDED IN DOCUMENT NO. 200716605 OF THE
320320 OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; SAID 5.608 ACRES
321321 BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
322322 BEGINNING at a 1/2" rebar found for the northwest corner of the said
323323 5.608 acre tract, being the southwest corner of Tract 28, Forest
324324 Ridge Estates, a subdivision of record in Cabinet 2, Pages
325325 323A-325A of the Plat Records of Bastrop County, Texas, being also a
326326 point in the east line of a remainder of a 248.720 acre tract of land
327327 described in Volume 411, Page 472 of the Deed Records of Bastrop
328328 County, Texas, from which a 1/2" rebar found in the curving south
329329 right-of-way line of Forest Ridge Drive (70' right-of-way width),
330330 being an angle point in the west line of said Tract 28, being also
331331 the northeast corner of the said remainder of a 248.720 acre tract,
332332 bears North 2714'16" East, a distance of 13.70 feet;
333333 THENCE South 6245'31" East with the north line of the said 5.608
334334 acre tract and the south line of said Tract 28, a distance of 765.02
335335 feet to a 1/2" rebar found for the northeast corner of the said
336336 5.608 acre tract, being the southeast corner of said Tract 28, being
337337 also in the west line of a 316.745 acre tract of land described in
338338 Volume 1386, Page 90 of the Deed Records of Bastrop County, Texas;
339339 THENCE South 2714'58" West with the east line of the said 5.608 acre
340340 tract and the west line of the said 316.745 acre tract, a distance
341341 of 430.05 feet to a 1/2" rebar found for the southeast corner of the
342342 said 5.608 acre tract, being the northeast corner of a 45.49 acre
343343 tract of land described in Volume 513, Page 676 of the Deed Records
344344 of Bastrop County, Texas, from which a 1/2" rebar found for the
345345 southwest corner of the said 316.745 acre tract, being in the east
346346 line of the said 45.49 acre tract, bears South 2731'37" West, a
347347 distance of 133.37 feet;
348348 THENCE North 4636'52" West with the south line of the said 5.608
349349 acre tract and the north line of the said 45.49 acre tract, a
350350 distance of 796.35 feet to a 1/2" rebar found for the southwest
351351 corner of the said 5.608 acre tract, being also the southeast corner
352352 of the said remainder of a 248.720 acre tract;
353353 THENCE North 2714'16" East with the west line of the said 5.608 acre
354354 tract and the east line of the said remainder of a 248.720 acre
355355 tract, a distance of 208.62 feet to the POINT OF BEGINNING,
356356 containing 5.608 acres of land, more or less.
357357 Surveyed on the ground in August, 2007. Bearing basis is grid
358358 azimuth for Texas central zone, 1983/93 HARN values from LCRA
359359 control network.
360360 A DESCRIPTION OF 305.559 ACRES IN THE ALBERT BLACK SURVEY, ABSTRACT
361361 NO. 84 AND THE WILLIAM CANNON SURVEY, ABSTRACT NO. 126, BOTH IN
362362 BASTROP COUNTY, TEXAS, BEING ALL OF A 305.559 ACRE TRACT OF LAND
363363 (TRACT ONE-A) CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL
364364 WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19, 2006 AND
365365 RECORDED IN DOCUMENT NO. 200619026 OF THE OFFICIAL PUBLIC RECORDS
366366 OF BASTROP COUNTY, TEXAS; SAID 305.559 ACRES BEING MORE
367367 PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
368368 BEGINNING at a fence post found in the northwest line of County Road
369369 157 (no apparent defined right-of-way width), being a southeast
370370 corner of the said 305.559 acre tract, being also the easternmost
371371 corner of a 31.077 acre tract of land described in Volume 794, Page
372372 707 of the Deed Records of Bastrop County, Texas, from which a 1/2"
373373 rebar with cap found, bears South 5517'54" East, a distance of
374374 47.73 feet;
375375 THENCE with the common line of the said 305.559 acre tract and the
376376 said 31.077 acre tract the following four (4) courses and
377377 distances:
378378 1. North 4641'00" West, a distance of 1113.76 feet to a 1/2"
379379 rebar with cap set;
380380 2. North 4909'41" West, a distance of 457.39 feet to a fence
381381 post found for the northernmost corner of the said 31.077 acre
382382 tract;
383383 3. South 4350'48" West, a distance of 848.90 feet to a fence
384384 post found for the westernmost corner of the said 31.077 acre tract;
385385 4. South 4640'31" East, a distance of 1605.34 feet to a
386386 fence post found in the northwest line of County Road 157, being the
387387 southernmost corner of the said 31.077 acre tract;
388388 THENCE with the northwest line of County Road 157 and the southeast
389389 line of the said 305.559 acre tract the following three (3) courses
390390 and distances:
391391 1. South 1925'21" West, a distance of 469.16 feet to a fence
392392 post found;
393393 2. South 3049'30" West, a distance of 123.66 feet to a fence
394394 post found;
395395 3. South 4436'43" West, a distance of 326.69 feet to a 1/2"
396396 rebar with cap set;
397397 THENCE South 4738'02" East crossing County Road 157, with the
398398 northeast line of the said 305.559 acre tract, a distance of 50.60
399399 feet to a 1/2" rebar with cap set in the southeast line of County
400400 Road 157;
401401 THENCE with the southeast line of County Road 157 and a northwest
402402 line of the said 305.559 acre tract the following three (3) courses
403403 and distances:
404404 1. North 4204'48" East, a distance of 333.99 feet to a fence
405405 post found;
406406 2. North 3154'15" East, a distance of 94.90 feet to a fence
407407 post found;
408408 3. North 2050'26" East, a distance of 482.98 feet to a fence
409409 post found for the westernmost corner of a 36.373 acre tract of land
410410 described in Volume 1110, Page 812 of the Deed Records of Bastrop
411411 County, Texas;
412412 THENCE with the common line of the said 305.559 acre tract and the
413413 said 36.373 acre tract the following four (4) courses and
414414 distances:
415415 1. South 3638'46" East, a distance of 205.25 feet to a fence
416416 post found;
417417 2. South 5000'46" West, a distance of 84.05 feet to a fence
418418 post found;
419419 3. South 4813'43" East, a distance of 415.56 feet to a fence
420420 post found;
421421 4. South 4720'51" East, passing a cedar fence post found,
422422 referenced in Volume 1110, Page 812 of the Deed Records of Bastrop
423423 County, Texas, at a distance of 657.00 feet, and continuing for a
424424 total distance of 826.50 feet to a calculated point in the
425425 centerline of Big Sandy Creek, being the southernmost corner of the
426426 said 36.373 acre tract, being the westernmost corner of a 113 acre
427427 tract of land described in Volume 231, Page 525 of the Deed Records
428428 of Bastrop County, Texas, being also the northernmost corner of a
429429 127 acre tract of land described in Volume 205, Page 401 of the Deed
430430 Records of Bastrop County, Texas;
431431 THENCE with the centerline of Big Sandy Creek and the common line of
432432 the said 305.559 acre tract and the said 127 acre tract the
433433 following thirty-eight (38) courses and distances:
434434 1. South 6244'23" West, a distance of 165.05 feet to a
435435 calculated point;
436436 2. North 5822'05" West, a distance of 18.28 feet to a
437437 calculated point;
438438 3. South 7314'43" West, a distance of 63.39 feet to a
439439 calculated point;
440440 4. South 5557'33" West, a distance of 83.20 feet to a
441441 calculated point;
442442 5. South 4322'27" West, a distance of 117.85 feet to a
443443 calculated point;
444444 6. South 5658'42" West, a distance of 104.68 feet to a
445445 calculated point;
446446 7. South 5342'47" West, a distance of 111.56 feet to a
447447 calculated point;
448448 8. South 7127'52" West, a distance of 67.50 feet to a
449449 calculated point;
450450 9. South 5139'08" West, a distance of 185.86 feet to a
451451 calculated point;
452452 10. North 8222'00" West, a distance of 46.11 feet to a
453453 calculated point;
454454 11. South 6335'07" West, a distance of 45.29 feet to a
455455 calculated point;
456456 12. South 7309'23" West, a distance of 55.83 feet to a
457457 calculated point;
458458 13. South 4546'01" West, a distance of 59.30 feet to a
459459 calculated point;
460460 14. South 7052'58" West, a distance of 57.75 feet to a
461461 calculated point;
462462 15. North 8504'44" West, a distance of 57.09 feet to a
463463 calculated point;
464464 16. North 7841'38" West, a distance of 127.67 feet to a
465465 calculated point;
466466 17. South 7635'00" West, a distance of 62.10 feet to a
467467 calculated point;
468468 18. South 3617'38" West, a distance of 54.83 feet to a
469469 calculated point;
470470 19. South 4710'05" West, a distance of 74.83 feet to a
471471 calculated point;
472472 20. South 7002'18" West, a distance of 232.43 feet to a
473473 calculated point;
474474 21. South 7849'36" West, a distance of 58.43 feet to a
475475 calculated point;
476476 22. South 7123'00" West, a distance of 51.51 feet to a
477477 calculated point;
478478 23. South 6007'25" West, a distance of 61.12 feet to a
479479 calculated point;
480480 24. South 6536'14" West, a distance of 55.14 feet to a
481481 calculated point;
482482 25. South 7204'58" West, a distance of 42.38 feet to a
483483 calculated point;
484484 26. South 4834'42" West, a distance of 88.25 feet to a
485485 calculated point;
486486 27. South 3637'42" West, a distance of 51.84 feet to a
487487 calculated point;
488488 28. South 0308'33" West, a distance of 46.05 feet to a
489489 calculated point;
490490 29. South 3034'44" West, a distance of 54.17 feet to a
491491 calculated point;
492492 30. South 7617'40" West, a distance of 47.65 feet to a
493493 calculated point;
494494 31. South 3117'00" West, a distance of 98.02 feet to a
495495 calculated point;
496496 32. South 2725'28" West, a distance of 47.32 feet to a
497497 calculated point;
498498 33. South 4256'37" West, a distance of 62.17 feet to a
499499 calculated point;
500500 34. South 3546'55" West, a distance of 50.98 feet to a
501501 calculated point;
502502 35. South 2731'18" West, a distance of 60.31 feet to a
503503 calculated point;
504504 36. South 5027'47" West, a distance of 94.46 feet to a
505505 calculated point;
506506 37. South 4323'51" West, a distance of 176.06 feet to a
507507 calculated point;
508508 38. South 3251'42" West, a distance of 103.82 feet to a
509509 calculated point for the southernmost corner of the said 305.559
510510 acre tract, being the westernmost corner of the said 127 acre tract,
511511 being the northernmost corner of a 269 acre tract of land described
512512 in Volume 199, Page 843 of the Deed Records of Bastrop County,
513513 Texas, being also the easternmost corner of a 408.48 acre tract of
514514 land described in Volume 248, Page 498 of the Deed Records of
515515 Bastrop County, Texas;
516516 THENCE North 4723'26" West with the southwest line of the said
517517 305.559 acre tract and the northeast line of the said 408.48 acre
518518 tract, a distance of 523.96 feet to a 1/2" rebar with cap set for the
519519 southernmost corner of a 48.6 acre tract of land described in Volume
520520 131, Page 414 of the Deed Records of Bastrop County, Texas;
521521 THENCE North 4221'58' East with the northwest line of the said
522522 305.559 acre tract and the southeast line of the said 48.6 acre
523523 tract, a distance of 1130.68 feet to a 1/2" rebar with cap set in the
524524 southeast line of County Road 157, being the easternmost corner of
525525 the said 48.6 acre tract;
526526 THENCE North 4738'02" West crossing County Road 157, with the
527527 southwest line of the said 305.559 acre tract and the northeast line
528528 of the said 48.6 acre tract, a distance of 1828.61 feet to a 60d nail
529529 in fence corner post found for the northernmost corner of the said
530530 48.6 acre tract, from which a 5/8" rebar found for the easternmost
531531 corner of a 52.6 acre tract of land described in Volume 223, Page
532532 615 of the Deed Records of Bastrop County, Texas, bears North
533533 5206'20" West, a distance of 9.44 feet;
534534 THENCE North 4712'47" West with the southwest line of the said
535535 305.559 acre tract and the northeast line of the said 52.6 acre
536536 tract, a distance of 2024.45 feet to a 5/8" rebar found for the
537537 westernmost corner of the said 305.559 acre tract, being in the
538538 southeast line of a 14.229 acre tract described in Volume 1166, Page
539539 883 of the Deed Records of Bastrop County, Texas, from which a 5/8"
540540 rebar found, bears South 4347'41" West, a distance of 115.45 feet;
541541 THENCE North 4258'23" East with the northwest line of the said
542542 305.559 acre tract (varies from the deed lines of the said 14.229
543543 acre tract, a 14.288 acre tract described in Volume 227, Page 206 of
544544 the Deed Records of Bastrop County, Texas, a 14.285 acre tract
545545 described in Volume 909, Page 541 of the Deed Records of Bastrop
546546 County, Texas, a 14.284 acre tract described in Volume 231, Page 249
547547 of the Deed Records of Bastrop County, Texas, and a 55.290 acre
548548 tract described in Volume 134, Page 440 of the Deed Records of
549549 Bastrop County, Texas), a distance of 2647.08 feet to a 1/2" rebar
550550 found for the northernmost corner of the said 305.559 acre tract,
551551 being in the southeast line of the said 55.290 acre tract;
552552 THENCE South 4807'07" East with the northeast line of the said
553553 305.559 acre tract, a distance of 14.14 feet to a 1/2" rebar found
554554 for the westernmost corner of Lot 7, Belltaire I, a subdivision of
555555 record in Cabinet 2, Page 299B of the Plat Records of Bastrop
556556 County, Texas;
557557 THENCE with the common line of the said 305.559 acre tract and said
558558 Belltaire I the following two (2) courses and distances:
559559 1. South 4732'20" East, a distance of 1993.38 feet to a 1/2"
560560 rebar with cap set for the southernmost corner of Lot 1, of said
561561 Belltaire I;
562562 2. North 4205'43" East, a distance of 586.92 feet to a 5/8"
563563 rebar found for the westernmost corner of a 4.001 acre tract of land
564564 described in Volume 1338, Page 53 of the Deed Records of Bastrop
565565 County, Texas, from which a 5/8" rebar found, bears North 4209'01"
566566 East, a distance of 289.24 feet;
567567 THENCE with the common line of the said 305.559 acre tract and the
568568 said 4.001 acre tract the following three (3) courses and
569569 distances:
570570 1. South 4659'25" East, a distance of 404.91 feet to a 5/8"
571571 rebar found for the southernmost corner of the said 4.001 acre
572572 tract;
573573 2. North 4300'35" East, a distance of 440.49 feet to a 5/8"
574574 rebar found for the easternmost corner of the said 4.001 acre tract;
575575 3. North 4700'16" West, a distance of 373.56 feet to a 1/2"
576576 rebar found in the southeast line of County Road 49 (no apparent
577577 defined right-of-way width), being the northernmost corner of the
578578 said 4.001 acre tract, from which a 5/8" rebar found, bears South
579579 4258'39" West, a distance of 149.81 feet;
580580 THENCE with the common line of County Road 49 and the said 305.559
581581 acre tract the following six (6) courses and distances:
582582 1. North 4302'21" East, a distance of 612.96 feet to a fence
583583 post found;
584584 2. North 7111'06" East, a distance of 48.40 feet to a fence
585585 post found, from which a 1/2" rebar with cap found, bears North
586586 0751'58" East, a distance of 77.01 feet;
587587 3. South 7827'24" East, a distance of 54.14 feet to a fence
588588 post found;
589589 4. South 4726'33" East, a distance of 1658.43 feet to a nail
590590 found;
591591 5. South 1404'15" East, a distance of 64.95 feet to a nail
592592 found;
593593 6. South 1926'30" West, a distance of 66.30 feet to a fence
594594 post found in the northwest line of County Road 157;
595595 THENCE with the northwest line of County Road 157 and the southeast
596596 line of the said 305.559 acre tract the following three (3) courses
597597 and distances:
598598 1. South 5622'57" West, a distance of 971.94 feet to a 1/2"
599599 rebar with cap set;
600600 2. South 4707'57" West, a distance of 422.15 feet to a 1/2"
601601 rebar with cap set;
602602 3. South 4617'50" West, a distance of 273.65 feet to the
603603 POINT OF BEGINNING, containing 305.559 acres of land, more or less,
604604 a portion of which lies within the roadway.
605605 Surveyed on the ground in October, 2005. Bearing basis is grid
606606 azimuth for Texas central zone, 1983/93 HARN values from LCRA
607607 control network.
608608 A DESCRIPTION OF 9322.496 ACRES (GROSS) IN THE S.F. AUSTIN SURVEY
609609 NO. 1, ABSTRACT NO. 8, THE ISAAC HARRIS SURVEY NO. 2, ABSTRACT NO.
610610 38, THE LEMAN BARKER SURVEY NO. 3, ABSTRACT NO. 6, THE S.M. WILLIAMS
611611 SURVEY NO. 4, ABSTRACT NO. 71, THE JOSIAH WILBARGER SURVEY NO. 5,
612612 ABSTRACT NO. 70, THE JOHN CRUTCHFIELD SURVEY NO. 12, ABS. NO. 122,
613613 AND THE JOSEPH ROGERS SURVEY NO. 6 ABS. NO. 55, ALL IN BASTROP
614614 COUNTY, TEXAS, CONSISTING OF:
615615 ALL OF A 5566.770 ACRE TRACT (TRACT ONE-D), ALL OF AN 507.061 ACRE
616616 TRACT (TRACT ONE-C), ALL OF A 19.149 ACRE TRACT (TRACT FIVE), ALL OF
617617 A 54.912 ACRE TRACT (TRACT SIX), ALL OF A 92.556 ACRE TRACT (TRACT
618618 SEVEN), ALL OF A 160.346 ACRE TRACT (TRACT EIGHT), AND ALL OF A
619619 112.676 ACRE TRACT (TRACT NINE), CONVEYED TO XS RANCH FUND VI, L.P.
620620 IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19,
621621 2006 AND RECORDED IN DOCUMENT NO. 200619026 OF THE OFFICIAL PUBLIC
622622 RECORDS OF BASTROP COUNTY, TEXAS;
623623 ALL OF A 200.00 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN A
624624 SPECIAL WARRANTY DEED WITH VENDOR'S LIEN DATED DECEMBER 19, 2006
625625 AND RECORDED IN DOCUMENT NO. 200619025 OF THE OFFICIAL PUBLIC
626626 RECORDS OF BASTROP COUNTY, TEXAS; (THE 200.00 ACRE TRACT LIES
627627 WITHIN THE 5566.770 ACRE TRACT)
628628 ALL OF A 758.026 ACRE TRACT AND ALL OF A 1164.571 ACRE TRACT
629629 CONVEYED TO XS RANCH FUND VI, L.P. IN A SPECIAL WARRANTY DEED DATED
630630 JUNE 4, 2007 AND RECORDED IN DOCUMENT NO. 200708067 OF THE OFFICIAL
631631 PUBLIC RECORDS OF BASTROP COUNTY, TEXAS;
632632 AND ALL OF A 885.050 ACRE TRACT CONVEYED TO XS RANCH FUND VI, L.P. IN
633633 A SPECIAL WARRANTY DEED DATED NOVEMBER 9, 2007 AND RECORDED IN
634634 DOCUMENT NO. 200716605 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP
635635 COUNTY, TEXAS;
636636 SAVE AND EXCEPT 1.379 ACRES IN COUNTY ROAD 157 (SAYERS ROAD) RIGHT-
637637 OF-WAY (AS DESCRIBED IN EXHIBIT B ATTACHED HERETO) FOR A TOTAL OF
638638 9321.117 (NET) ACRES OF LAND, MORE OR LESS;
639639 SAID 9322.496 (GROSS) ACRES BEING MORE PARTICULARLY DESCRIBED BY
640640 METES AND BOUNDS AS FOLLOWS:
641641 BEGINNING at a 1/2" rebar with cap set in the west right-of-way line
642642 of the Union Pacific Railroad (100' right-of-way width), being the
643643 northernmost corner of the said 5566.770 acre tract, being also the
644644 easternmost corner of a 94.5 acre tract of land described in Volume
645645 205, Page 404 of the Deed Records of Bastrop County, Texas;
646646 THENCE with the west right-of-way line of the Union Pacific
647647 Railroad and the east line of the said 5566.770 acre tract, the
648648 following five (5) courses and distances:
649649 1. South 1235'28" East, a distance of 4266.68 feet to a 1/2"
650650 rebar with cap set;
651651 2. With a curve to the left, an arc length of 1184.55 feet,
652652 having a radius of 1482.37 feet and a chord which bears South
653653 3529'00" East, a distance of 1153.28 feet to a 1/2" rebar with cap
654654 set;
655655 3. South 5822'32" East, a distance of 2814.83 feet to a 1/2"
656656 rebar with cap set;
657657 4. With a curve to the right, an arc length of 1583.06 feet,
658658 having a radius of 1382.37 feet and a chord which bears South
659659 2534'07" East, a distance of 1497.96 feet to a 1/2" rebar with cap
660660 set;
661661 5. South 0714'40" West, a distance of 3222.47 feet to a 5/8"
662662 rebar found for the northernmost corner of a 90.021 acre tract of
663663 land described in Volume 280, Page 26 of the Deed Records of Bastrop
664664 County, Texas;
665665 THENCE leaving the west right-of-way line of the Union Pacific
666666 Railroad, with the common line of the said 5566.770 acre tract and
667667 the said 90.021 acre tract, the following two (2) courses and
668668 distances:
669669 1. South 4159'17" West, a distance of 3559.00 feet to a 1/2"
670670 rebar with cap set for the westernmost corner of the said 90.021
671671 acre tract;
672672 2. South 4800'02" East, a distance of 1696.00 feet to a 1/2"
673673 rebar with cap set for the southernmost corner of the said 90.021
674674 acre tract, being also in the northwest line of a 100.714 acre tract
675675 of land described in Volume 276, Page 639 of the Deed Records of
676676 Bastrop County, Texas;
677677 THENCE with the common line of the said 5566.770 acre tract and the
678678 said 100.714 acre tract the following two (2) courses and
679679 distances:
680680 1. South 4150'22" West, a distance of 3243.40 feet to a 1/2"
681681 rebar with cap set for the westernmost corner of the said 100.714
682682 acre tract;
683683 2. South 4802'42" East, a distance of 1600.00 feet to a 1/2"
684684 rebar found in the west right-of-way line of the Union Pacific
685685 Railroad, being the southernmost corner of the said 100.714 acre
686686 tract;
687687 THENCE South 2848'40" West with the west right-of-way line of the
688688 Union Pacific Railroad and the east line of the said 5566.770 acre
689689 tract, a distance of 4189.17 feet to a 1/2" rebar with cap set in the
690690 fenced north line of County Road 157 (no apparent defined
691691 right-of-way width), being the southernmost corner of the said
692692 5566.770 acre tract;
693693 THENCE North 7054'45" West with the fenced north line of County
694694 Road 157 and the south line of the said 5566.770 acre tract, a
695695 distance of 508.46 feet to a fence post found for the southeast
696696 corner of a cemetery (no record description found);
697697 THENCE leaving the fenced north line of County Road 157, with the
698698 south line of the said 5566.770 acre tract, and the fenced line of
699699 said cemetery the following three (3) courses and distances:
700700 1. North 2736'53" East, a distance of 295.98 feet to a fence
701701 post found;
702702 2. North 5921'01" West, a distance of 213.96 feet to a fence
703703 post found;
704704 3. South 4604'58" West, a distance of 334.28 feet to a fence
705705 post found in the fenced northeast line of County Road 157;
706706 THENCE with the fenced northeast line of County Road 157 and the
707707 southwest line of the said 5566.770 acre tract, the following
708708 thirty-three (33) courses and distances:
709709 1. North 4855'26" West, a distance of 1197.98 feet to a
710710 fence post found;
711711 2. With a curve to the right, an arc length of 270.39 feet,
712712 having a radius of 959.67 feet and a chord which bears North
713713 3525'39" West, a distance of 269.50 feet to a fence post found;
714714 3. North 2909'39" West, a distance of 153.76 feet to a fence
715715 post found;
716716 4. North 4047'14" West, a distance of 639.58 feet to a fence
717717 post found;
718718 5. North 3404'48" West, a distance of 832.33 feet to a fence
719719 post found;
720720 6. North 3121'24" West, a distance of 118.29 feet to a fence
721721 post found;
722722 7. North 2422'16" West, a distance of 176.75 feet to a fence
723723 post found;
724724 8. North 1855'11" West, a distance of 120.47 feet to a fence
725725 post found;
726726 9. North 1015'52" West, a distance of 264.46 feet to a fence
727727 post found;
728728 10. North 0751'48" West, a distance of 327.03 feet to a
729729 fence post found;
730730 11. North 1213'41" West, a distance of 91.49 feet to a fence
731731 post found;
732732 12. With a curve to the left, an arc length of 230.63 feet,
733733 having a radius of 290.55 feet and a chord which bears North
734734 3503'33" West, a distance of 224.62 feet to a fence post found;
735735 13. North 6003'33" West, a distance of 88.80 feet to a fence
736736 post found;
737737 14. North 6248'40" West, a distance of 325.21 feet to a
738738 fence post found, from which a 1/2" rebar found, bears South
739739 5818'36" West, a distance of 60.73 feet;
740740 15. North 7152'04" West, a distance of 98.90 feet to a 1/2"
741741 rebar with cap set;
742742 16. North 8451'25" West, a distance of 548.44 feet to a
743743 fence post found;
744744 17. South 8627'29" West, a distance of 73.98 feet to a fence
745745 post found;
746746 18. South 7851'37" West, a distance of 39.75 feet to a fence
747747 post;
748748 19. South 7316'07" West, a distance of 141.66 feet to a
749749 fence post;
750750 20. With a curve to the right, an arc length of 139.35 feet,
751751 having a radius of 290.37 feet and a chord which bears South
752752 8741'13" West, a distance of 138.02 feet to a fence post found;
753753 21. With a curve to the right, an arc length of 165.02 feet,
754754 having a radius of 774.91 feet and a chord which bears North
755755 6844'53" West, a distance of 164.71 feet to a fence post found;
756756 22. North 5254'39" West, a distance of 123.41 feet to a
757757 fence post found;
758758 23. North 3156'06" West, a distance of 79.58 feet to a fence
759759 post found;
760760 24. North 2129'47" West, a distance of 191.24 feet to a
761761 fence post found;
762762 25. North 2251'02" West, a distance of 86.71 feet to a fence
763763 post found;
764764 26. With a curve to the left, an arc length of 228.67 feet,
765765 having a radius of 548.91 feet and a chord which bears North
766766 3810'46" West, a distance of 227.02 feet to a fence post found, from
767767 which a 1/2" rebar with cap found, bears South 1131'55" West, a
768768 distance of 58.42 feet;
769769 27. North 4839'12" West, a distance of 119.64 feet to a
770770 fence post found, from which a 1/2" rebar with cap found, bears
771771 South 7452'45" West, a distance of 56.05 feet;
772772 28. With a curve to the right, an arc length of 124.62 feet,
773773 having a radius of 489.39 feet and a chord which bears North
774774 3756'09" West, a distance of 124.29 feet to a fence post found;
775775 29. North 3009'55" West, a distance of 171.71 feet to a
776776 fence post found;
777777 30. North 3419'30" West, a distance of 193.48 feet to a
778778 fence post found;
779779 31. North 4124'11" West, a distance of 112.93 feet to a
780780 fence post found;
781781 32. North 5509'35" West, a distance of 71.44 feet to a fence
782782 post found;
783783 33. North 7229'33" West, a distance of 137.95 feet to a
784784 fence post found for an angle point in the southeast line of a 22.43
785785 acre tract of land described in Volume 176, Page 62 of the Deed
786786 Records of Bastrop County, Texas;
787787 THENCE leaving the north line of County Road 157, with the fenced
788788 common line of the said 5566.770 acre tract and the said 22.43 acre
789789 tract, the following five (5) courses and distances:
790790 1. North 3728'32" East, a distance of 131.53 feet to a fence
791791 post found;
792792 2. North 4929'56" East, a distance of 92.62 feet to a fence
793793 post found;
794794 3. North 4623'18" East, a distance of 160.81 feet to a fence
795795 post found;
796796 4. North 5547'54" East, a distance of 214.81 feet to a fence
797797 post found;
798798 5. North 4206'04" East, a distance of 117.66 feet to a
799799 calculated point in the centerline of Big Sandy Creek, being the
800800 south line of a 62.5 acre tract described in Volume 149, Page 477 of
801801 the Deed Records of Bastrop County, Texas;
802802 THENCE with the centerline of Big Sandy Creek, with the common line
803803 of the said 5566.770 acre tract and the said 62.5 acre tract, the
804804 following twenty-one (21) courses and distances:
805805 1. North 8951'48" East, a distance of 60.71 feet to a
806806 calculated point;
807807 2. North 5348'39" East, a distance of 241.84 feet to a
808808 calculated point;
809809 3. North 3315'35" East, a distance of 125.20 feet to a
810810 calculated point;
811811 4. North 1549'27" East, a distance of 251.77 feet to a
812812 calculated point;
813813 5. North 0807'24" West, a distance of 269.24 feet to a
814814 calculated point;
815815 6. North 7749'21" West, a distance of 86.41 feet to a
816816 calculated point;
817817 7. North 8422'20" West, a distance of 114.31 feet to a
818818 calculated point;
819819 8. North 7328'41" West, a distance of 66.75 feet to a
820820 calculated point;
821821 9. North 4846'46" West, a distance of 80.91 feet to a
822822 calculated point;
823823 10. North 0805'04" West, a distance of 175.42 feet to a
824824 calculated point;
825825 11. North 2304'02" West, a distance of 72.55 feet to a
826826 calculated point;
827827 12. North 3542'24" West, a distance of 283.21 feet to a
828828 calculated point;
829829 13. North 1155'01" West, a distance of 102.35 feet to a
830830 calculated point;
831831 14. South 8017'23" West, a distance of 87.22 feet to a
832832 calculated point;
833833 15. South 3904'47" West, a distance of 173.78 feet to a
834834 calculated point;
835835 16. South 2831'20" West, a distance of 368.09 feet to a
836836 calculated point;
837837 17. South 1511'31" West, a distance of 79.96 feet to a
838838 calculated point;
839839 18. South 4555'56" West, a distance of 120.38 feet to
840840 calculated point;
841841 19. South 7900'50" West, a distance of 181.88 feet to a
842842 calculated point;
843843 20. North 5640'22" West, a distance of 465.01 feet to a
844844 calculated point;
845845 21. North 7044'15" West, a distance of 188.14 feet to a
846846 calculated point for the southernmost corner of a 122.444 acre
847847 tract of land described in Volume 148, Page 171 of the Deed Records
848848 of Bastrop County, Texas;
849849 THENCE leaving the centerline of Big Sandy Creek, North 4136'15"
850850 East with the northwest line of the said 5566.770 acre tract and the
851851 southeast line of the said 122.444 acre tract a distance of 3841.12
852852 feet to a fence post found for the easternmost corner of the said
853853 122.444 acre tract, being a southeast corner of a 278.69 acre tract
854854 of land described in Volume 176, Page 62 of the Deed Records of
855855 Bastrop County, Texas;
856856 THENCE with the northwest line of the said 5566.770 acre tract and
857857 the southeast line of the said 278.69 acre tract the following five
858858 (5) courses and distances:
859859 1. North 4330'50" East, a distance of 1950.60 feet to a 1/2"
860860 rebar with cap set;
861861 2. North 3914'50" East, a distance of 283.60 feet to a 1/2"
862862 rebar with cap set;
863863 3. North 4156'50" East, a distance of 657.20 feet to a 1/2"
864864 rebar with cap set;
865865 4. North 4149'50" East, a distance of 1186.20 feet to a 1/2"
866866 rebar with cap set;
867867 5. North 4142'50" East, a distance of 757.40 feet to a 1/2"
868868 rebar with cap set for the easternmost corner of the said 278.69
869869 acre tract, from which a 31" Post Oak, bears North 4259'50" East, a
870870 distance of 282.05 feet;
871871 THENCE with the common line of the said 5566.770 acre tract, the
872872 said 278.69 acre tract, and a 521.94 acre tract described in Volume
873873 173, Page 412 of the Deed Records of Bastrop County, Texas, the
874874 following twenty (20) courses and distances:
875875 1. North 4723'16" West, a distance of 3253.08 feet to a
876876 fence post found;
877877 2. South 4409'12" West, a distance of 409.37 feet to a fence
878878 post found;
879879 3. North 4644'34" West, a distance of 1200.96 feet to a
880880 fence post found for the northernmost corner of the said 521.94 acre
881881 tract;
882882 4. South 4236'54" West, a distance of 5098.99 feet to a
883883 fence post found;
884884 5. South 5526'29" East, a distance of 441.27 feet to a fence
885885 post found;
886886 6. South 6246'51" East, a distance of 837.23 feet to a fence
887887 post found;
888888 7. South 0517'56" West, a distance of 253.40 feet to a 1/2"
889889 rebar with cap set;
890890 8. South 2127'56" West, a distance of 43.48 feet to a 1/2"
891891 rebar with cap set;
892892 9. South 1522'04" East, a distance of 273.54 feet to a 1/2"
893893 rebar with cap set;
894894 10. South 4315'04" East, a distance of 125.98 feet to a 1/2"
895895 rebar with cap set;
896896 11. South 0522'04" East, a distance of 258.11 feet to a 1/2"
897897 rebar with cap set;
898898 12. South 3937'56" West, a distance of 311.40 feet to a 1/2"
899899 rebar with cap set;
900900 13. South 3923'56" West, a distance of 407.35 feet to a 1/2"
901901 rebar with cap set;
902902 14. South 2806'56" West, a distance of 512.87 feet to a 1/2"
903903 rebar with cap set;
904904 15. South 4636'56" West, a distance of 257.11 feet to a 1/2"
905905 rebar with cap set;
906906 16. South 5713'56" West, a distance of 582.89 feet to a
907907 fence post found;
908908 17. South 4742'14" West, a distance of 251.59 feet to a 1/2"
909909 rebar with cap set;
910910 18. South 4259'14" West, a distance of 415.67 feet to a 1/2"
911911 rebar with cap set;
912912 19. South 4742'14" West, a distance of 642.19 feet to a 1/2"
913913 rebar with cap set;
914914 20. South 4053'50" West, a distance of 1367.20 feet to a
915915 1/2" rebar with cap set in the southwest line of County Road 157;
916916 THENCE South 4637'37" East with the southwest line of County Road
917917 157, the northeast line of the said 5566.770 acre tract, and the
918918 southwest line of the said 521.94 acre tract, a distance of 483.43
919919 feet to a 5/8" rebar found for the northernmost corner of a 200.00
920920 acre tract of land described in Volume 819, Page 733 of the Deed
921921 Records of Bastrop County, Texas, from which a 5/8" rebar found,
922922 bears South 4934'20" East, a distance of 310.00 feet;
923923 THENCE leaving the southwest line of County Road 157, South
924924 3609'41" West with the southeast line of the said 5566.770 acre
925925 tract and the northwest line of the said 200.00 acre tract, a
926926 distance of 5247.42 feet to a 1/2" rebar with cap set on the north
927927 bank of the Colorado River;
928928 THENCE with the gradient boundary of the Colorado River the
929929 following twenty-six (26) courses and distances:
930930 1. South 8505'44" West, a distance of 730.40 feet to a 1/2"
931931 rebar with cap set;
932932 2. South 8540'17" West, a distance of 707.27 feet to a 1/2"
933933 rebar with cap set;
934934 3. South 8344'43" West, a distance of 273.16 feet to a 1/2"
935935 rebar with cap set;
936936 4. South 8200'05" West, a distance of 216.47 feet to a 1/2"
937937 rebar with cap set;
938938 5. North 8752'49" West, a distance of 509.38 feet to a 1/2"
939939 rebar with cap set;
940940 6. North 7645'21" West, a distance of 635.73 feet to a 1/2"
941941 rebar with cap set;
942942 7. North 6745'32" West, a distance of 696.58 feet to a 1/2"
943943 rebar with cap set;
944944 8. North 6030'49" West, a distance of 400.67 feet to a 1/2"
945945 rebar with cap set;
946946 9. North 6157'52" West, a distance of 178.15 feet to a 1/2"
947947 rebar with cap set;
948948 10. North 5648'32" West, a distance of 172.52 feet to a 1/2"
949949 rebar with cap set;
950950 11. North 3412'07" West, a distance of 315.00 feet to a 1/2"
951951 rebar with cap set;
952952 12. North 1749'08" West, a distance of 194.48 feet to a 1/2"
953953 rebar with cap set;
954954 13. North 0042'03" West, a distance of 330.38 feet to a 1/2"
955955 rebar with cap set;
956956 14. North 0551'25" East, a distance of 216.57 feet to a 1/2"
957957 rebar with cap set;
958958 15. North 3417'46" East, a distance of 328.17 feet to a 1/2"
959959 rebar with cap set;
960960 16. North 7835'08" East, a distance of 86.26 feet to a 1/2"
961961 rebar with cap set;
962962 17. North 2528'50" East, a distance of 805.50 feet to a 1/2"
963963 rebar with cap set;
964964 18. North 1928'15" East, a distance of 922.47 feet to a 1/2"
965965 rebar with cap set;
966966 19. North 1950'23" East, a distance of 477.86 feet to a 1/2"
967967 rebar with cap set;
968968 20. North 2115'22" East, a distance of 606.54 feet to a 1/2"
969969 rebar with cap set;
970970 21. North 2334'42" East, a distance of 654.28 feet to a 1/2"
971971 rebar with cap set;
972972 22. North 1712'19" East, a distance of 788.35 feet to a 1/2"
973973 rebar with cap set;
974974 23. North 1603'41" East, a distance of 419.54 feet to a 1/2"
975975 rebar with cap set;
976976 24. North 2134'10" East, a distance of 234.05 feet to a 1/2"
977977 rebar with cap set;
978978 25. North 0953'29" East, a distance of 465.10 feet to a 1/2"
979979 rebar with cap set;
980980 26. North 1131'48" East, a distance of 355.87 feet to a 1/2"
981981 rebar with cap set in the west line of the said 92.556 acre tract;
982982 THENCE leaving the east bank of the Colorado River, North 5349'09"
983983 West with the southwest line of the said 92.556 acre tract, a
984984 distance of 69.34 feet to a calculated point where the centerline of
985985 Wilbarger Creek intersects the Colorado River, being the southeast
986986 corner of a 136.212 acre tract of land described in Volume 892, Page
987987 193 of the Official Records of Bastrop County, Texas;
988988 THENCE with the centerline of Wilbarger Creek, the west line of the
989989 said 92.556 acre tract, the southwest line of the said 5566.770 acre
990990 tract, the southwest line of the said 54.912 acre tract, the east
991991 line of the said 136.212 acre tract, the east line of a 81.191 acre
992992 tract of land described in Volume 892, Page 193 of the Official
993993 Records of Bastrop County, Texas, the northeast line of a 120.01
994994 acre tract of land described in Volume 1023, Page 237 of the
995995 Official Records of Bastrop County, Texas, the northeast line of an
996996 1183.390 acre tract of land described in Volume 962, Page 195 of the
997997 Official Records of Bastrop County, Texas, and the northeast line
998998 of a 45.41 acre tract of land described in Volume 1530, Page 227 of
999999 the Official Records of Bastrop County, Texas, the following
10001000 forty-one (41) courses and distances:
10011001 1. North 1810'09" East, a distance of 356.21 feet to a
10021002 calculated point;
10031003 2. North 4441'35" West, a distance of 227.87 feet to a
10041004 calculated point;
10051005 3. North 5329'52" West, a distance of 698.05 feet to a
10061006 calculated point;
10071007 4. North 3633'37" West, a distance of 235.46 feet to a
10081008 calculated point;
10091009 5. North 3759'00" West, a distance of 265.07 feet to a
10101010 calculated point;
10111011 6. North 0223'23" West, a distance of 270.27 feet to a
10121012 calculated point;
10131013 7. North 0010'50" West, a distance of 941.81 feet to a
10141014 calculated point;
10151015 8. North 0341'38" East, a distance of 331.45 feet to a
10161016 calculated point;
10171017 9. North 0115'11" West, a distance of 215.82 feet to a
10181018 calculated point;
10191019 10. North 1230'42" East, a distance of 662.97 feet to a
10201020 calculated point;
10211021 11. North 0235'44" West, a distance of 192.80 feet to a
10221022 calculated point;
10231023 12. North 2153'58" West, a distance of 662.71 feet to a
10241024 calculated point;
10251025 13. North 2615'09" West, a distance of 385.97 feet to a
10261026 calculated point;
10271027 14. North 0418'25" West, a distance of 270.75 feet to a
10281028 calculated point;
10291029 15. North 0603'43" West, a distance of 397.88 feet to a
10301030 calculated point;
10311031 16. North 6716'36" West, a distance of 108.33 feet to a
10321032 calculated point;
10331033 17. South 7545'13" West, a distance of 428.01 feet to a
10341034 calculated point;
10351035 18. North 7909'13" West, a distance of 537.38 feet to a
10361036 calculated point;
10371037 19. North 5052'06" West, a distance of 392.75 feet to a
10381038 calculated point;
10391039 20. North 3913'33" West, a distance of 286.04 feet to a
10401040 calculated point;
10411041 21. North 3723'11" West, a distance of 329.57 feet to a
10421042 calculated point;
10431043 22. North 4600'34" West, a distance of 289.79 feet to a
10441044 calculated point;
10451045 23. North 4225'33" West, a distance of 290.86 feet to a
10461046 calculated point;
10471047 24. North 4823'28" West, a distance of 125.14 feet to a
10481048 calculated point;
10491049 25. North 4912'01" West, a distance of 111.23 feet to a
10501050 calculated point;
10511051 26. North 3708'08" West, a distance of 298.62 feet to a
10521052 calculated point;
10531053 27. North 3717'46" West, a distance of 179.22 feet to a
10541054 calculated point;
10551055 28. North 4900'32" West, a distance of 191.23 feet to a
10561056 calculated point;
10571057 29. North 6013'33" West, a distance of 62.78 feet to a
10581058 calculated point;
10591059 30. North 7801'38" West, a distance of 186.28 feet to a
10601060 calculated point;
10611061 31. North 8404'00" West, a distance of 523.37 feet to a
10621062 calculated point;
10631063 32. North 6223'15" West, a distance of 323.37 feet to a
10641064 calculated point;
10651065 33. North 6530'05" West, a distance of 415.74 feet to a
10661066 calculated point;
10671067 34. North 4200'42" West, a distance of 245.40 feet to a
10681068 calculated point;
10691069 35. North 2201'15" West, a distance of 525.05 feet to a
10701070 calculated point;
10711071 36. North 4502'25" East, a distance of 181.27 feet to a
10721072 calculated point;
10731073 37. North 3728'34" East, a distance of 163.28 feet to a
10741074 calculated point;
10751075 38. North 0253'36" West, a distance of 147.59 feet to a
10761076 calculated point;
10771077 39. North 5530'50" West, a distance of 200.15 feet to a
10781078 calculated point;
10791079 40. North 6253'27" West, a distance of 211.80 feet to a
10801080 calculated point;
10811081 41. North 7910'31" West, a distance of 96.93 feet to a
10821082 calculated point for the westernmost corner of the said 5566.770
10831083 acre tract, being in the southeast line of the said 885.050 acre
10841084 tract, being also the northernmost corner of the said 45.41 acre
10851085 tract;
10861086 THENCE South 5806'49" West with the southeast line of the said
10871087 885.050 acre tract, the northwest line of the said 45.41 acre tract,
10881088 and the northwest line of a 114.586 acre tract of land described in
10891089 Volume 1606, Page 407 of the Deed Records of Bastrop County, Texas,
10901090 passing a 1/2" rebar found, 0.19 feet left of said line, at a
10911091 distance of 1083.65 feet, continuing for a distance of 2781.45
10921092 feet, for a total distance of 3865.10 feet to a 3/8" rebar found for
10931093 the westernmost corner of the said 114.586 acre tract, being in the
10941094 northeast line of a 209.578 acre tract of land described in Volume
10951095 1647, Page 758 of the Deed Records of Bastrop County, Texas;
10961096 THENCE with the common line of the said 885.050 acre tract and the
10971097 said 209.578 acre tract, the following five (5) courses and
10981098 distances:
10991099 1. North 2343'10" West, a distance of 1283.09 feet to a rock
11001100 found;
11011101 2. South 5612'43" West, a distance of 1353.55 feet to a 1/2"
11021102 rebar found;
11031103 3. South 2452'43" East, a distance of 1248.48 feet to a 1/2"
11041104 rebar found;
11051105 4. South 5748'10" West, a distance of 2309.82 feet to a 1/2"
11061106 rebar with "Olson" cap found;
11071107 5. South 2825'35" West, a distance of 3220.57 feet to a 1/2"
11081108 rebar with cap set in the northeast right-of-way line of F.M. 969
11091109 (right-of-way width varies) as described in Volume 148, Page 428 of
11101110 the Deed Records of Bastrop County, Texas, being the southernmost
11111111 corner of the said 885.050 acre tract, from which a TxDOT type I
11121112 monument found in the north right-of-way line of F.M. 969 at highway
11131113 station 1166+53.6, 40' left, bears with a curve to the right with a
11141114 delta angle of 1306'31", an arc length of 446.10 feet, having a
11151115 radius of 1949.86 feet and a chord which bears South 0615'34" East,
11161116 a distance of 445.13 feet;
11171117 THENCE with the northeast right-of-way line of F.M. 969 and the
11181118 southwest line of the said 885.050 acre tract, the following two (2)
11191119 courses and distances:
11201120 1. With a curve to the left with a delta angle of 3306'39",
11211121 an arc length of 1126.81 feet, having a radius of 1949.86 feet and a
11221122 chord which bears North 2922'09" West, a distance of 1111.20 feet
11231123 to a calculated point at highway station 1151+12.6, 40' left, from
11241124 which a TxDOT type I monument found, bears North 3027'59" West, a
11251125 distance of 0.79 feet;
11261126 2. North 4555'28" West, a distance of 1768.14 feet to a 1/2"
11271127 rebar with cap set at the intersection of the north right-of-way
11281128 line of F.M. 969 and the east right-of-way line of County Road No.
11291129 55 (Lower Elgin Road) (apparent 40' right-of-way width), being also
11301130 in the westernmost corner of the said 885.050 acre tract, from which
11311131 a 1/2" rebar found, bears South 2744'29" West, a distance of 84.68
11321132 feet, and a nail found, bears North 2226'49" West, a distance of
11331133 1.15 feet;
11341134 THENCE North 2744'29" East with the east right-of-way line of
11351135 County Road No. 55 and the west line of the said 885.050 acre tract,
11361136 passing a 1/2" rebar with cap set for reference, at a distance of
11371137 3042.70 feet, continuing for a total distance of 3298.99 feet to a
11381138 calculated point for an angle point in the north line of the said
11391139 885.050 acre tract, being an angle point in the south line of a 30
11401140 acre tract of land described as Lot 7 in Volume 40, Page 578 of the
11411141 Deed Records of Bastrop County, Texas, from which a 1/2" rebar
11421142 found, bears South 3529'38" West, a distance of 271.86 feet;
11431143 THENCE North 8247'14" East with the north line of the said 885.050
11441144 acre tract and the south line of Lots 6 and 7 described in Volume 40,
11451145 Page 578 of the Deed Records of Bastrop County, Texas, passing a
11461146 1/2" rebar with cap set for reference, at a distance of 1527.58
11471147 feet, continuing for a total distance of 3161.94 feet to a 1/2"
11481148 rebar found for an angle point in the west line of the said 885.050
11491149 acre tract, being the easternmost corner of said Lot 6;
11501150 THENCE North 1136'22" West with the west line of the said 885.050
11511151 acre tract and the east line of Lots 5 and 6 described in Volume 40,
11521152 Page 578 of the Deed Records of Bastrop County, Texas, passing a
11531153 3/8" rebar found, 9.68 feet left of said line, at a distance of
11541154 910.55 feet, and continuing with said line for a total distance of
11551155 1437.69 feet to a 1/2" rebar found in a creek for an angle point in
11561156 the west line of the said 885.050 acre tract, being an angle point
11571157 in the east line of a 15.385 acre tract of land described in Volume
11581158 1017, Page 1 of the Deed Records of Bastrop County, Texas, being
11591159 also an angle point in the east line of a 13.106 acre tract
11601160 described in Volume 1017, Page 1 of the Deed Records of Bastrop
11611161 County, Texas;
11621162 THENCE with the west line of the said 885.050 acre tract and the
11631163 east line of the said 13.106 acre tract and along the approximate
11641164 centerline of said creek, the following six (6) courses and
11651165 distances:
11661166 1. North 7651'55" East, a distance of 121.56 feet to a 1/2"
11671167 rebar found;
11681168 2. North 8859'35" East, a distance of 191.76 feet to a 1/2"
11691169 rebar found;
11701170 3. North 8347'10" East, a distance of 174.18 feet to a 1/2"
11711171 rebar found;
11721172 4. North 5806'55" East, a distance of 113.09 feet to a 1/2"
11731173 rebar found;
11741174 5. North 5439'37" East, a distance of 166.40 feet to a 1/2"
11751175 rebar found;
11761176 6. North 5122'18" East, a distance of 64.23 feet to a 1/2"
11771177 rebar found for the northeast corner of the said 13.106 acre tract,
11781178 being the southeast corner of a 58 acre tract of land described in
11791179 Volume 224, Page 423 of the Deed Records of Bastrop County, Texas;
11801180 THENCE continuing with said creek, with the west line of the said
11811181 885.050 acre tract and the east line of the said 58 acre tract, the
11821182 following two (2) courses and distances:
11831183 1. North 6822'45" East, a distance of 271.19 feet to a fence
11841184 post found for monument;
11851185 2. North 5336'10" East, a distance of 385.22 feet to a 1/2"
11861186 rebar found for the northeast corner of the said 58 acre tract,
11871187 being the southeast corner of a 19.021 acre tract of land described
11881188 in Volume 854, Page 703 of the Deed Records of Bastrop County,
11891189 Texas;
11901190 THENCE North 2821'29" East with the west line of the said 885.050
11911191 acre tract, the east line of the said 19.021 acre tract, the east
11921192 line of a 50 acre tract of land described in Volume 144, Page 319 of
11931193 the Deed Records of Bastrop County, Texas, and the east line of a
11941194 159.907 acre tract of land described in Volume 962, Page 195 of the
11951195 Deed Records of Bastrop County, Texas, passing a 1/2" rebar found,
11961196 1.47 feet left of said line, at a distance of 441.61 feet, then
11971197 passing a 1/2" rebar found, 1.22 feet right of said line, at a
11981198 distance of 365.63 feet, and continuing with said line for a total
11991199 distance of 2605.06 feet to a 1/2" rebar found on the south bank of
12001200 Wilbarger Creek;
12011201 THENCE North 1256'58" East crossing Wilbarger Creek with the west
12021202 line of the said 885.050 acre tract, a distance of 143.50 feet to a
12031203 1/2" rebar found on the north bank of Wilbarger Creek, being the
12041204 east line of a 45.49 acre tract of land described in Volume 513,
12051205 Page 676 of the Deed Records of Bastrop County, Texas;
12061206 THENCE North 2713'17" East with the west line of the said 885.050
12071207 acre tract and the east line of the said 45.49 acre tract, a
12081208 distance of 1532.78 feet to a 1/2" rebar found for the northernmost
12091209 corner of the said 885.050 acre tract, being the southwest corner of
12101210 a 316.745 acre tract of land described in Volume 1386, Page 90 of
12111211 the Deed Records of Bastrop County, Texas, from which a 1/2" rebar
12121212 found for the northeast corner of the said 45.49 acre tract, being
12131213 in the west line of the said 316.745 acre tract, being also the
12141214 southeast corner of a 5.608 acre tract of land described in Document
12151215 No. 200716605 of the Official Public Records of Bastrop County,
12161216 Texas, bears North 2731'37" East, a distance of 133.37 feet;
12171217 THENCE with the north line of the said 885.050 acre tract and the
12181218 south line of the said 316.745 acre tract, the following four (4)
12191219 courses and distances:
12201220 1. South 6230'46" East, a distance of 942.34 feet to a 1/2"
12211221 rebar with "Garon" cap found;
12221222 2. South 6257'17" East, a distance of 916.62 feet to a 1/2"
12231223 rebar with "Garon" cap found;
12241224 3. South 6321'08" East, a distance of 634.93 feet to a 1/2"
12251225 rebar with "Garon" cap found;
12261226 4. South 6306'16" East, a distance of 880.61 feet to a 5/8"
12271227 rebar found for the southeast corner of the said 316.745 acre tract,
12281228 being the southwest corner of a 66.858 acre tract of land described
12291229 in Volume 1058, Page 728 of the Deed Records of Bastrop County,
12301230 Texas;
12311231 THENCE with the common line of the said 885.050 acre tract and the
12321232 said 66.858 acre tract, the following five (5) courses and
12331233 distances:
12341234 1. South 6311'38" East, a distance of 341.67 feet to a 1/2"
12351235 rebar with "Garon" cap found;
12361236 2. South 6253'36" East, a distance of 543.52 feet to a 1/2"
12371237 rebar with "Garon" cap found;
12381238 3. South 6236'20" East, a distance of 501.08 feet to a nail
12391239 found;
12401240 4. South 6342'58" East, a distance of 475.51 feet to a 1/2"
12411241 rebar with "Garon" cap found;
12421242 5. North 2509'55" East, a distance of 32.78 feet to a 1/2"
12431243 rebar with "Chaparral Boundary" cap found for a southwest corner of
12441244 the said 1164.571 acre tract;
12451245 THENCE with the northwest line of the said 1164.571 acre tract and
12461246 the southeast line of the said 66.858 acre tract, the following five
12471247 (5) courses and distances:
12481248 1. North 2509'55" East, a distance of 113.46 feet to a 1/2"
12491249 rebar with cap found;
12501250 2. North 2853'47" East, a distance of 758.30 feet to a 1/2"
12511251 rebar with cap found;
12521252 3. North 2745'53" East, a distance of 362.70 feet to a 1/2"
12531253 rebar with cap found;
12541254 4. North 2720'28" East, a distance of 287.70 feet to a 1/2"
12551255 rebar with cap found;
12561256 5. North 2747'34" East, a distance of 52.47 feet to a 1/2"
12571257 rebar with cap found for the easternmost corner of the said 66.858
12581258 acre tract, being the southernmost corner of a 24.701 acre tract of
12591259 land described in Volume 1058, Page 717 of the Deed Records of
12601260 Bastrop County, Texas;
12611261 THENCE with the northwest line of the said 1164.571 acre tract and
12621262 the southeast line of the said 24.701 acre tract, the following two
12631263 (2) courses and distances:
12641264 1. North 2747'05" East, a distance of 312.70 feet to a 1/2"
12651265 rebar with cap set;
12661266 2. North 2702'55" East, a distance of 1087.10 feet to a 1/2"
12671267 rebar with cap found for the easternmost corner of the said 24.701
12681268 acre tract, being the southernmost corner of a 48.609 acre tract of
12691269 land described in Volume 1084, Page 597 of the Deed Records of
12701270 Bastrop County, Texas;
12711271 THENCE North 2712'21" East with the northwest line of the said
12721272 1164.571 acre tract and the southeast line of the said 48.609 acre
12731273 tract, a distance of 545.66 feet to a 1/2" rebar with cap set for the
12741274 easternmost corner of the said 48.609 acre tract, being the
12751275 southernmost corner of a 53.86 acre tract of land described in
12761276 Volume 289, Page 444 of the Deed Records of Bastrop County, Texas;
12771277 THENCE with the common line of the said 1164.571 acre tract and the
12781278 said 53.86 acre tract, the following two (2) courses and distances:
12791279 1. North 2628'49" East, a distance of 1052.53 feet to a 1/2"
12801280 rebar with cap set;
12811281 2. North 6123'59" West, a distance of 330.48 feet to a fence
12821282 post found for the southernmost corner of a 63.426 acre tract of
12831283 land described in Volume 1560, Page 952 of the Deed Records of
12841284 Bastrop County, Texas, from which a buggy spring found for the
12851285 northernmost corner of the said 53.86 acre tract, being an angle
12861286 point in the southwest line of the said 63.426 acre tract, bears
12871287 North 6257'21" West, a distance of 1913.76 feet;
12881288 THENCE North 2735'36" East with the northwest line of the said
12891289 1164.571 acre tract and the southeast line of the said 63.426 acre
12901290 tract, a distance of 1773.67 feet to a 1/2" rebar with cap found for
12911291 the easternmost corner of the said 63.426 acre tract, being in the
12921292 southeast line of the remainder of a 123.0 acre tract of land
12931293 described in Volume 286, Page 612 of the Deed Records of Bastrop
12941294 County, Texas;
12951295 THENCE with the common line of the said 1164.571 acre tract and the
12961296 said 123.0 acre tract, the following two (2) courses and distances:
12971297 1. North 2735'36" East, a distance of 633.98 feet to a fence
12981298 post found for the easternmost corner of the said 123.0 acre tract;
12991299 2. North 6233'42" West, a distance of 2293.69 feet to a 1/2"
13001300 rebar with cap found for the northernmost corner of the said 123.0
13011301 acre tract, being in the southeast line of a 11.068 acre tract of
13021302 land described in Volume 429, Page 271 of the Deed Records of
13031303 Bastrop County, Texas, from which an axle found in the northwest
13041304 line of the said 123.0 acre tract, being in the southeast line of
13051305 the said 11.068 acre tract, bears South 2154'50" West, a distance
13061306 of 26.68 feet;
13071307 THENCE North 2222'27" East with the northwest line of the said
13081308 1164.571 acre tract and the southeast line of the said 11.068 acre
13091309 tract, a distance of 130.88 feet to a fence post found for the
13101310 easternmost corner of the said 11.068 acre tract, being the
13111311 southernmost corner of a 145.5 acre tract of land described in
13121312 Volume 119, Page 236 of the Deed Records of Bastrop County, Texas;
13131313 THENCE North 2726'14" East with the northwest line of the said
13141314 1164.571 acre tract and the southeast line of the said 145.5 acre
13151315 tract, a distance of 2555.76 feet to a fence post found for the
13161316 northernmost corner of the said 1164.571 acre tract, being the
13171317 easternmost corner of the said 145.5 acre tract, being also in the
13181318 southwest line of a 548 acre tract of land described in Volume 70,
13191319 Page 116 of the Deed Records of Bastrop County, Texas;
13201320 THENCE with the common line of the said 1164.571 acre tract, the
13211321 said 548 acre tract, and a 227 acre tract of land described in
13221322 Volume 42, Page 234 of the Deed Records of Bastrop County, Texas,
13231323 the following three (3) courses and distances:
13241324 1. South 6318'35" East, a distance of 2311.22 feet to a
13251325 fence post found;
13261326 2. South 6346'52" East, a distance of 2344.71 feet to a
13271327 fence post found for the southernmost corner of the said 227 acre
13281328 tract;
13291329 3. North 2901'34" East, a distance of 1324.43 feet to a
13301330 fence post found for a northwest corner of the said 1164.571 acre
13311331 tract, being the easternmost corner of the said 227 acre tract,
13321332 being also in the being in the southwest line of a 416.6 acre tract
13331333 of land described in Volume 42, Page 511 of the Deed Records of
13341334 Bastrop County, Texas;
13351335 THENCE South 4917'46" East with the northeast line of the said
13361336 1164.571 acre tract, the southwest line of the said 416.6 acre
13371337 tract, the southwest line of a 50 acre tract of land and a 100 acre
13381338 tract of land described in Volume 42, Page 636 of the Deed Records
13391339 of Bastrop County, Texas, and the southwest line of an 89 acre tract
13401340 of land described in Volume 47, Page 129 of the Deed Records of
13411341 Bastrop County, Texas, a distance of 2611.04 feet to a 5/8" rebar
13421342 found for the northernmost corner of a 408.48 acre tract of land
13431343 described in Volume 248, Page 498 of the Deed Records of Bastrop
13441344 County, Texas, from which a 1/2" rebar with cap found, bears South
13451345 4841'08" East, a distance of 2813.70 feet;
13461346 THENCE with the common line of the said 1164.571 acre tract and the
13471347 said 408.48 acre tract, the following three (3) courses and
13481348 distances:
13491349 1. South 2840'50" West, a distance of 936.94 feet to a 60d
13501350 nail in fence corner post found;
13511351 2. South 2823'43" West, a distance of 1830.59 feet to a 5/8"
13521352 rebar found for the westernmost corner of the said 408.48 acre
13531353 tract;
13541354 3. South 4743'25" East, a distance of 2201.53 feet to a 1/2"
13551355 rebar with cap set for the easternmost corner of the said 1164.571
13561356 acre tract, being the northernmost corner of the said 507.061 acre
13571357 tract, from which a 5/8" rebar found in the southwest line of a
13581358 274.814 acre tract of land described in Volume 1288, Page 317 of the
13591359 Deed Records of Bastrop County, Texas, bears North 3915'25" West, a
13601360 distance of 219.15 feet;
13611361 THENCE with the common line of the said 507.061 acre tract and the
13621362 said 408.48 acre tract the following six (6) courses and distances:
13631363 1. South 4744'36" East, a distance of 1304.52 feet to a 1/2"
13641364 rebar with cap set;
13651365 2. South 4819'36" East, a distance of 1563.89 feet to a 1/2"
13661366 rebar with cap set, from which a 1/2" rebar found, bears North
13671367 2233'14" West, a distance of 84.41 feet;
13681368 3. North 5410'24" East, a distance of 96.67 feet to a 1/2"
13691369 rebar with cap set, from which a 1/2" rebar found, bears North
13701370 1646'28" East, a distance of 45.98 feet;
13711371 4. South 4919'36" East, a distance of 416.11 feet to a fence
13721372 post found in the northwest line of County Road 157 (no apparent
13731373 defined right-of-way width);
13741374 5. South 4156'51" West with the northwest line of County
13751375 Road 157, a distance of 93.59 feet to a 1/2" rebar with cap set;
13761376 6. South 4659'50" East, passing a fence post found at a
13771377 distance of 56.24 feet, continuing for a distance of 640.29 feet,
13781378 for a total distance of 696.53 feet to a calculated point in the
13791379 centerline of Big Sandy Creek, being the southernmost corner of the
13801380 said 408.48 acre tract, being also in the west line of a 269 acre
13811381 tract of land described in Volume 199, Page 843 of the Deed Records
13821382 of Bastrop County, Texas;
13831383 THENCE with the centerline of Big Sandy Creek and the common line of
13841384 the said 507.061 acre tract and the said 269 acre tract the
13851385 following eleven (11) courses and distances:
13861386 1. South 0016'10" West, a distance of 100.83 feet to a
13871387 calculated point;
13881388 2. South 0556'52" West, a distance of 170.09 feet to a
13891389 calculated point;
13901390 3. South 1001'24" West, a distance of 693.13 feet to a
13911391 calculated point;
13921392 4. South 0723'34" East, a distance of 296.19 feet to a
13931393 calculated point;
13941394 5. South 2356'10" East, a distance of 121.78 feet to a
13951395 calculated point;
13961396 6. South 1445'47" East, a distance of 95.81 feet to a
13971397 calculated point;
13981398 7. South 0554'11" East, a distance of 473.59 feet to a
13991399 calculated point;
14001400 8. South 1931'37" East, a distance of 207.16 feet to a
14011401 calculated point;
14021402 9. South 0142'40" West, a distance of 287.95 feet to a
14031403 calculated point;
14041404 10. South 0747'17" West, a distance of 166.47 feet to a
14051405 calculated point;
14061406 11. South 0627'49" East, a distance of 44.60 feet to a
14071407 calculated point for the northeast corner of a 5 acre tract of land
14081408 described in Volume 211, Page 502 of the Deed Records of Bastrop
14091409 County, Texas;
14101410 THENCE leaving the centerline of Big Sandy Creek, with the common
14111411 line of the said 507.061 acre tract and the said 5 acre tract the
14121412 following three (3) courses and distances:
14131413 1. North 8520'05" West, a distance of 92.50 feet to a 1/2"
14141414 rebar with cap set;
14151415 2. South 0754'55" West, a distance of 339.17 feet to a 1/2"
14161416 rebar with cap set;
14171417 3. South 1509'55" West, a distance of 307.78 feet to a 1/2"
14181418 rebar with cap set on the north line of a 30' lane referenced in
14191419 Volume 49, Page 614, Volume 118, Page 150, Volume 209, Page 783 and
14201420 Volume 211, Page 502, all of the Deed Records of Bastrop County,
14211421 Texas;
14221422 THENCE with the common line of the said 507.061 acre tract and the
14231423 said 5 acre tract, with the north line of the said 30' lane a
14241424 distance of 30' from and parallel to the north line of the said
14251425 160.346 acre tract, the following three (3) courses and distances:
14261426 1. North 8948'11" West, a distance of 281.66 feet to a 1/2"
14271427 rebar with cap set;
14281428 2. South 8541'49" West, a distance of 213.56 feet to a 1/2"
14291429 rebar with cap set;
14301430 3. North 7803'11" West, a distance of 267.67 feet to a 1/2"
14311431 rebar with cap set;
14321432 THENCE South 3712'24" West, over and across said 30' lane, with the
14331433 southeast line of the said 507.061 acre tract, a distance of 33.18
14341434 feet to fence post found in the south line of the 30' lane, being in
14351435 the north line of the said 160.346 acre tract;
14361436 THENCE with the north line of the said 160.346 acre tract and the
14371437 south line of the said 30' lane the following five (5) courses and
14381438 distances:
14391439 1. South 7803'11" East, a distance of 286.11 feet to a 1/2"
14401440 rebar with cap set;
14411441 2. North 8541'49" East, a distance of 216.67 feet to a 1/2"
14421442 rebar with cap set;
14431443 3. South 8948'11" East, a distance of 500.00 feet to a 1/2"
14441444 rebar with cap set;
14451445 4. South 1048'11" East, a distance of 336.11 feet to a 1/2"
14461446 rebar with cap set;
14471447 5. South 4603'11" East, a distance of 222.22 feet to a
14481448 calculated point in the centerline of Big Sandy Creek, being the
14491449 easternmost corner of the said 160.346 acre tract, being in the
14501450 northwest line of the said 5566.770 acre tract, being also the
14511451 southernmost corner of the said 269 acre tract;
14521452 THENCE North 4229'40" East with the northwest line of the said
14531453 5566.770 acre tract and the southeast line of the said 269 acre
14541454 tract, a distance of 4623.26 feet to a fence post found for the
14551455 westernmost corner of the said 94.5 acre tract;
14561456 THENCE with the common line of the said 5566.770 acre tract and the
14571457 said 94.5 acre tract the following two (2) courses and distances:
14581458 1. South 4806'21" East, a distance of 1682.86 feet to a 1/2"
14591459 rebar found for the southernmost corner of the said 94.5 acre tract;
14601460 2. North 4231'01" East, a distance of 2088.46 feet to the
14611461 POINT OF BEGINNING, containing 9322.496 (gross) acres of land, more
14621462 or less, a portion of which lies within the roadway, and
14631463 approximately 1.425 acres within fenced cemetery.
14641464 SAVE AND EXCEPT 1.379 ACRES IN COUNTY ROAD 157 (SAYERS ROAD)
14651465 RIGHT-OF-WAY (AS DESCRIBED IN EXHIBIT B ATTACHED HERETO) FOR A
14661466 TOTAL OF 9321.117 (NET) ACRES OF LAND, MORE OR LESS.
14671467 5566.770 acre tract, 507.061 acre tract, 19.149 acre tract, 54.912
14681468 acre tract, 92.556 acre tract, 160.346 acre tract and 112.676 acre
14691469 tract all surveyed on the ground in August, September and October,
14701470 2005. 758.026 and 1164.571 acre tracts surveyed on the ground in
14711471 March and April, 2006. 885.050 acre tract surveyed on the ground in
14721472 July and August, 2007. Bearing basis is grid azimuth for Texas
14731473 central zone, 1983/93 HARN values from LCRA control network.
14741474 SECTION 3. (a) The legal notice of the intention to
14751475 introduce this Act, setting forth the general substance of this
14761476 Act, has been published as provided by law, and the notice and a
14771477 copy of this Act have been furnished to all persons, agencies,
14781478 officials, or entities to which they are required to be furnished
14791479 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
14801480 Government Code.
14811481 (b) The governor, one of the required recipients, has
14821482 submitted the notice and Act to the Texas Commission on
14831483 Environmental Quality.
14841484 (c) The Texas Commission on Environmental Quality has filed
14851485 its recommendations relating to this Act with the governor, the
14861486 lieutenant governor, and the speaker of the house of
14871487 representatives within the required time.
14881488 (d) All requirements of the constitution and laws of this
14891489 state and the rules and procedures of the legislature with respect
14901490 to the notice, introduction, and passage of this Act are fulfilled
14911491 and accomplished.
14921492 SECTION 4. This Act takes effect immediately if it receives
14931493 a vote of two-thirds of all the members elected to each house, as
14941494 provided by Section 39, Article III, Texas Constitution. If this
14951495 Act does not receive the vote necessary for immediate effect, this
14961496 Act takes effect September 1, 2009.