By: Rodriguez (Senate Sponsor - Watson) H.B. No. 1758
(In the Senate - Received from the House April 11, 2011;
April 20, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 20, 2011, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 20, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1758 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Pilot Knob Municipal Utility
District No. 3; providing authority to impose a tax and issue bonds.
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 8377 to read as follows:
CHAPTER 8377. PILOT KNOB MUNICIPAL UTILITY DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8377.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Pilot Knob Municipal Utility
District No. 3.
(5) "Municipality" means a municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located.
Sec. 8377.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8377.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect permanent
directors as provided by Section 8377.051 of this code and Section
49.102, Water Code.
Sec. 8377.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
temporary directors may not hold an election under Section 8377.003
until each municipality has consented by ordinance or resolution to
the creation of the district and to the inclusion of land in the
district.
(b) If a municipality does not consent to the creation of
the district or if the district does not enter into an agreement
required by the terms of the municipal ordinance or resolution
consenting to the creation of the district under this section
before September 1, 2012:
(1) the district is dissolved September 1, 2012,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to the municipality or another local
governmental entity to be used for a public purpose; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2012.
Sec. 8377.005. 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, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8377.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8377.007-8377.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8377.051. GOVERNING BODY; TERMS. (a) Except as
provided by Subsection (b), the district is governed by a board of
five elected directors.
(b) If required under the terms of the agreement, ordinance,
or resolution by which a municipality consents to the creation of
the district, the board consists of:
(1) four elected directors; and
(2) one director appointed by the governing body of
the municipality.
(c) A director appointed under Subsection (b)(2) is not
required to be a qualified voter of the district or to own land
subject to taxation in the district.
(d) Except as provided by Section 8377.052, directors serve
staggered four-year terms. A permanent director may not serve more
than two four-year terms.
(e) The common law doctrine of incompatibility does not
disqualify an official or employee of a municipality from being
appointed a director by the governing body of a municipality under
Subsection (b)(2), and a director appointed to the board may
continue to serve in a public office of or be employed by the
municipality.
Sec. 8377.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, 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 temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8377.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8377.003 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 8377.003; 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 8377.053-8377.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8377.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8377.102. 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. 8377.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the commission as required by Section 54.234, Water Code.
Sec. 8377.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8377.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8377.105. COMPLIANCE WITH AND ENFORCEABILITY OF
MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION. (a) 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.
(b) Any agreement between the district and a municipality
related to the municipality's consent to the creation of the
district is valid and enforceable.
(c) On the issuance of bonds by the district, the district
is considered to have waived sovereign immunity to suit by a
municipality for the purpose of adjudicating a claim for breach of
an agreement described by this section.
Sec. 8377.106. CONTRACT TO FURTHER REGIONAL COOPERATION.
The district and a municipality may contract on terms that the board
and governing body of the municipality agree will further regional
cooperation between the district and the municipality.
Sec. 8377.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
[Sections 8377.108-8377.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8377.151. 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 8377.153.
(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. 8377.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8377.151, 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.
(c) If required by an agreement between the district and a
municipality under Section 8377.105, the total ad valorem tax rate
of the district may not be less than the total ad valorem tax rate of
the municipality.
Sec. 8377.153. 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 8377.154-8377.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8377.201. 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. 8377.202. 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. 8377.203. 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.
[Sections 8377.204-8377.250 reserved for expansion]
SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL
ANNEXATION AND NOTICE
Sec. 8377.251. STRATEGIC PARTNERSHIP; CONTINUATION OF
DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may
continue to exist as a limited district after full-purpose
annexation by a municipality if the district and the annexing
municipality state the terms of the limited district's existence in
a strategic partnership agreement under Section 43.0751, Local
Government Code.
(b) The strategic partnership agreement may provide for a
term of any number of years. The limitation in Section
43.0751(g)(2), Local Government Code, on the length of the term
does not apply to a limited district created under this section.
Sec. 8377.252. MUNICIPAL ANNEXATION; NOTICE. (a) Sections
43.0561 and 43.0562, Local Government Code, do not apply to the
annexation of the district by a municipality that consents to the
creation of the district under Section 8377.004.
(b) Not later than the 30th day after the date a
municipality adopts a resolution or ordinance consenting to the
creation of the district, the municipality shall file, in the real
property records of the county in which the land to be included in
the district is located, a notice to a purchaser of real property in
the district that describes:
(1) the municipality's authority and intention to
annex the district; and
(2) the anticipated date of the annexation.
(c) After the notice is filed, a person who proposes to sell
or otherwise convey real property in the district must include the
information contained in the municipality's notice in the Notice to
Purchasers required by Section 49.452, Water Code.
SECTION 2. The Pilot Knob Municipal Utility District No. 3
initially includes all the territory contained in the following
area: 644.135 acres of land described below:
A DESCRIPTION OF 648.268 ACRES IN THE SANTIAGO DEL VALLE GRANT IN
TRAVIS COUNTY, TEXAS, BEING ALL OF AN 18.810 ACRE TRACT AND A
REMAINDER OF A 37.306 ACRE TRACT BOTH DESCRIBED IN A SPECIAL
WARRANTY DEED TO JONA ACQUISITION INC., DATED OCTOBER 26, 2006 AND
RECORDED IN DOCUMENT NO. 2006209327 OF THE OFFICIAL PUBLIC RECORDS
OF TRAVIS COUNTY, TEXAS, ALL OF A 2820 SQUARE FOOT TRACT DESCRIBED
IN A DEED WITHOUT WARRANTY TO CARMA EASTON INC., DATED DECEMBER 22,
2009 AND RECORDED IN DOCUMENT NO. 2009210291 OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS, A REMAINDER OF A 2.6891 ACRE TRACT
DESCRIBED IN A STREET DEDICATION TO THE PUBLIC, DATED JUNE 24, 1986
AND RECORDED IN VOLUME 9769, PAGE 505 OF THE REAL PROPERTY RECORDS
OF TRAVIS COUNTY, TEXAS, ALL OF A 6.934 ACRE TRACT DESCRIBED IN A
SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED OCTOBER 26,
2006 AND RECORDED IN DOCUMENT NO. 2006209330 OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF AN 82.844 ACRE TRACT AND A
25.735 ACRE TRACT BOTH DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
ACQUISITION INC., DATED JANUARY 3, 2007 AND RECORDED IN DOCUMENT
NO. 2007003159 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
TEXAS, ALL OF AN 89.256 ACRE TRACT AND A 2.731 ACRE TRACT BOTH
DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC.,
DATED JULY 9, 2007 AND RECORDED IN DOCUMENT NO. 2007126375 OF THE
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, REMAINDERS OF A
61.071 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA
ACQUISITION INC., DATED NOVEMBER 7, 2007 AND RECORDED IN DOCUMENT
NO. 2007204509 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY,
TEXAS, A PORTION OF A 138.540 ACRE TRACT DESCRIBED IN A GENERAL
WARRANTY DEED TO JONA ACQUISITION INC., DATED MARCH 2, 2007 AND
RECORDED IN DOCUMENT NO. 2007038642 OF THE OFFICIAL PUBLIC RECORDS
OF TRAVIS COUNTY, TEXAS, A PORTION OF A 198.302 ACRE TRACT DESCRIBED
IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER
20, 2006 AND RECORDED IN DOCUMENT NO. 2006244772 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 232.233 ACRE
TRACT DESCRIBED IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO
JONA ACQUISITION INC., DATED JANUARY 8, 2009 AND RECORDED IN
DOCUMENT NO. 2009003190 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY, TEXAS, All OF AN 8.282 ACRE TRACT DESCRIBED IN A SPECIAL
WARRANTY DEED WITH VENDOR'S LIEN TO JONA ACQUISITION INC., DATED
JANUARY 8, 2009 AND RECORDED IN DOCUMENT NO. 2009003078 OF THE
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A
42.558 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA
ACQUISITION INC., DATED MAY 16, 2008 AND RECORDED IN DOCUMENT NO.
2008083861 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS,
A PORTION OF A 20.005 ACRE TRACT DESCRIBED IN A WARRANTY DEED WITH
VENDOR'S LIEN TO JOHN T. HALDENSTEIN AND JOSHUA N. HALDENSTEIN,
DATED DECEMBER 14, 2000 AND RECORDED IN DOCUMENT NO. 2000203669 OF
THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF
LOT A HARRY REININGER SUBDIVISION, A SUBDIVISION OF RECORD IN
VOLUME 65, PAGE 47 OF THE PLAT RECORDS OF TRAVIS COUNTY TEXAS,
CONVEYED TO JOHN HALDENSTEIN & RUTH HALDENSTEIN IN WARRANTY DEED
WITH VENDOR'S LIEN, DATED SEPTEMBER 29, 2000 AND RECORDED IN
DOCUMENT NO. 2000161977 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY TEXAS, A PORTION OF A 37.390 ACRE TRACT DESCRIBED IN A
GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED OCTOBER 30,
2008 AND RECORDED IN DOCUMENT NO. 2008179828 OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS, AND A PORTION OF COLTON BLUFF
SPRINGS ROAD (APPARENT RIGHT-OF-WAY WIDTH VARIES); SAID 648.268
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2" rebar found for the northwest corner of said
89.256 acre tract, same being the east corner of a 6.997 acre tract
described in a deed to Fleming Brothers Holding, recorded in
Document No. 2006063521 of the Official Public Records of Travis
County, Texas, also being in the southwest line of Myrtle - 29 Ac.,
D .G. Collins Estate, a subdivision of record in Volume 3, Page 220
of the Plat Records of Travis County, Texas;
THENCE South 48°06'08" East, with the northeast line of said 89.256
acre tract, same being the southwest line of said Myrtle - 29 Ac.,
and the southwest line of said John B. 18 Ac., D. G. Collins Estate,
a distance of 1231.54 feet to a 1/2" rebar found in the south line of
said John B. 18 Ac., for the northeast corner of said 89.256 acre
tract, same being the northwest corner of said 82.844 acre tract;
THENCE South 48°20'11" East, with the northeast line of said 82.844
acre tract, same being the southwest line of said John B. 18 Ac.,
the southwest line of John B. 11.50 Ac., D. G. Collins Estate, and
the southwest line of a 52.418 acre tract described in a deed to
Ernest B. Collins and Floretta F. Collins, recorded in Document No.
2004080843 of the Official Public Records of Travis County, Texas,
a distance of 1354.84 feet to a 1/2" rebar found in the southwest
line of said 52.418 acre tract, for the northeast corner of said
82.844 acre tract, same being the northwest corner of a 2.899 acre
tract described in a deed to Ernest B. Collins and Floretta F.
Collins, recorded in Document No. 2004080843 of the Official Public
Records of Travis County, Texas;
THENCE with the east line of said 82.844 acre tract, same being the
west line of said 2.899 acre tract, the following four (4) courses
and distances:
1. South 27°02'48" West, a distance of 87.42 feet to a
1/2" rebar with Chaparral cap found;
2. South 28°05'48" West, a distance of 57.15 feet to a
1/2" rebar with Chaparral cap found;
3. South 26°28'48" West, a distance of 262.67 feet to a
1/2" rebar with Chaparral cap found;
4. South 26°58'48" West, a distance of 2126.73 feet to a
1/2" rebar found in the north right-of-way line of Colton
Bluff Springs Road, for the southeast corner of said 82.844
acre tract, same being the southwest corner of said 2.899
acre tract;
THENCE South 63°34'23" East, with the north right-of-way line of
Colton Bluff Springs Road, same being the southwest line of said
2.899 acre tract, a distance of 49.99 feet to a 1/2" rebar found for
the southeast corner of said 2.899 acre tract, same being the
southwest corner of said 61.071 acre tract;
THENCE with the west line of said 61.071 acre tract, same being the
east line of said 2.899 acre tract, the following four (4) courses
and distances:
1. North 26°59'53" East, a distance of 2127.41 feet to a
calculated point;
2. North 26°29'46" East, a distance of 262.27 feet to a
calculated point;
3. North 28°06'46" East, a distance of 56.92 feet to a
calculated point;
4. North 27°03'46" East, a distance of 74.01 feet to a
1/2" rebar found for the northwest corner of said 61.071 acre
tract, same being the northeast corner of said 2.899 acre
tract, also being in the southwest line of said 52.418 acre
tract;
THENCE South 47°55'49" East, with the northeast line of said 61.071
acre tract, same being the southwest line of said 52.418 acre tract,
a distance of 467.09 feet to a 1/2" rebar found for the southeast
corner of said 52.418 acre tract, same being the southwest corner of
a 26.57 acre tract described in a deed to Talfred Collins and Ella
Lee Collins, recorded in Volume 2814, Page 127 of the Deed Records
of Travis County, Texas;
THENCE South 46°39'23" East, continuing with the northeast line of
said 61.071 acre tract, same being the southwest line of said 26.57
acre tract and the southwest line of a 29.02 acre tract described in
a deed to Ernest B. Collins and Floretta F. Collins, recorded in
Volume 7967, Page 611 of the Deed Records of Travis County, Texas, a
distance of 600.09 feet to a 5/8" rebar found for the southeast
corner of said 29.02 acre tract, same being the northwest corner of
a 0.264 acre tract described in a deed to the City of Austin,
recorded in Document No. 2010005414 of the Official Public Records
of Travis County, Texas, also being an angle point in the west line
of a 380.080 acre tract described in a deed to Ernest Collins and
Floretta Collins, recorded in Volume 12791, Page 11 of the Real
Property Records of Travis County, Texas;
THENCE South 27°09'17" West, crossing said 61.071 acre tract, with
the west line of said 0.264 acre tract, a distance of 204.33 feet to
a 1/2" rebar with Landmark cap found for the southwest corner of
said 0.264 acre tract, same being the northwest corner of a 0.392
acre tract described in a deed to the City of Austin, recorded in
Document No. 2010005414 of the Official Public Records of Travis
County, Texas;
THENCE continuing across said 61.071 acre tract, with the west and
south lines of said 0.392 acre tract, the following three (3)
courses and distances:
1. South 27°11'22" West, a distance of 105.60 feet to a
1/2" rebar with Landmark cap found;
2. South 26°45'07" West, a distance of 50.71 feet to a
1/2" rebar with Landmark cap found for the southwest corner
of said 0.392 acre tract;
3. South 71°13'40" East, a distance of 81.26 feet to a
1/2" rebar with Landmark cap found in the south line of said
0.392 acre tract, for the northwest corner of a 0.624 acre
tract described in a deed to the City of Austin, recorded in
Document No. 2010005416 of the Official Public Records of
Travis County, Texas;
THENCE continuing across said 61.071 acre tract, the following two
(2) courses and distances:
1. South 26°39'03" West, with the west line of said
0.624 acre tract, a distance of 899.06 feet to a calculated
point for the southwest corner of said 0.624 acre tract;
2. South 47°54'58" East, with the south line of said
0.624 acre tract, a distance of 31.12 feet to a calculated
point in the west right-of-way line of Colton Bluff Springs
Road, same being the east line of said 61.071 acre tract;
THENCE North 26°38'45" East, with the east line of said 61.071 acre
tract, same being the west right-of-way line of Colton Bluff
Springs Road, the west line of said 138.540 acre tract, the east
line of said 0.624 acre tract and the east line of said 0.392 acre
tract, a distance of 1066.13 feet to a 1/2" rebar with Landmark cap
found for the northeast corner of said 0.392 acre tract;
THENCE North 70°26'53" West, crossing said 61.071 acre tract, with
the north line of said 0.392 acre tract, a distance of 49.62 feet to
a calculated point for the southeast corner of said 0.264 acre
tract;
THENCE North 27°05'31" East, continuing across said 61.071 acre
tract, with the east line of said 0.264 acre tract, a distance of
178.95 feet to a calculated point for the northeast corner of said
0.264 acre tract, same being in the northeast line of said 61.071
acre tract, also being the southwest line of said 380.080 acre
tract;
THENCE South 46°39'23" East, with the northeast line of said 61.071
acre tract, same being the southwest line of said 380.080 acre
tract, a distance of 49.95 feet to a calculated point for the
northeast corner of said 61.071 acre tract, same being an angle
point in the southwest line of said 380.080 acre tract;
THENCE South 26°38'45" West, with the east line of said 61.071 acre
tract, same being the southwest line of said 380.080 acre tract, a
distance of 120.93 feet to a 3/4" iron pipe found for the northwest
corner of said 138.540 acre tract;
THENCE with the northeast line of said 138.540 acre tract, same
being the southwest line of said 380.080 acre tract, the following
two (2) courses and distances:
1. South 47°44'05" East, a distance of 309.95 feet to a
3/4" iron pipe found;
2. South 47°34'32" East, a distance of 1131.25 feet to a
calculated point;
THENCE crossing said 138.540 acre tract, Colton Bluff Springs Road,
said 198.302 acre tract, said 232.233 acre tract, said 37.390 acre
tract, said 42.558 acre tract, said 20.005 acre tract, and said Lot
A, the following fourteen (14) courses and distances:
1. South 42°25'28" West, a distance of 130.83 feet to a
calculated point;
2. With a curve to the left, having a radius of 750.00
feet, a delta angle of 16°27'44", an arc length of 215.49
feet, and a chord which bears South 34°11'36" West, a distance
of 214.75 feet to a calculated point;
3. South 25°57'45" West, a distance of 891.49 feet to a
calculated point;
4. With a curve to the left, having a radius of 428.50
feet, a delta angle of 57°46'46", an arc length of 432.12
feet, and a chord which bears South 02°55'38" East, a distance
of 414.04 feet to a calculated point;
5. South 70°11'14" West, a distance of 260.49 feet to a
calculated point;
6. With a curve to the right, having a radius of 606.85
feet, a delta angle of 50°15'23", an arc length of 532.29
feet, and a chord which bears North 88°11'02" West, a distance
of 515.39 feet to a calculated point;
7. North 62°55'18" West, a distance of 292.66 feet to a
calculated point;
8. With a curve to the left, having a radius of 1466.51
feet, a delta angle of 180°00'00", an arc length of 4607.18
feet, and a chord which bears South 27°04'42" West, a distance
of 2933.02 feet to a calculated point;
9. South 62°55'18" East, a distance of 292.66 feet to a
calculated point;
10. With a curve to the right, having a radius of 606.85
feet, a delta angle of 50°15'23", an arc length of 532.29
feet, and a chord which bears South 37°39'34" East, a distance
of 515.39 feet to a calculated point;
11. South 16°01'51" East, a distance of 256.62 feet to a
calculated point;
12. With a curve to the left, having a radius of 431.98
feet, a delta angle of 53°14'32", an arc length of 401.42
feet, and a chord which bears South 58°50'30" West, a distance
of 387.13 feet to a calculated point;
13. South 28°11'39" West, a distance of 910.01 feet to a
calculated point;
14. North 61°48'21" West, a distance of 672.64 feet to a
calculated point in the west line of said 20.005 acre tract,
same being the east line of a 20.022 acre tract conveyed in a
deed to Janie Diaz, recorded in Document No. 2006101103, and
described in a deed recorded in Document No. 2001200503, both
of the Official Public Records of Travis County, Texas;
THENCE North 27°07'27" East, with the west line of said 20.005 acre
tract, same being the east line of said 20.022 acre tract, a
distance of 1099.13 feet to a 1/2" rebar found for the northwest
corner of said 20.005 acre tract, same being the northeast corner of
said 20.022 acre tract, also being in the southwest line of said
198.302 acre tract;
THENCE North 63°21'03" West, with the southwest line of said 198.302
acre tract, same being the northeast line of said 20.022 acre tract,
a distance of 626.61 feet to a 1/2" rebar found for the southwest
corner of said 198.302 acre tract, same being the northwest corner
of said 20.022 acre tract, also being in the east line of said
232.233 acre tract;
THENCE South 26°53'42" West, with the east line of said 232.233 acre
tract, same being the west line of said 20.022 acre tract, a
distance of 1085.47 feet to a calculated point;
THENCE crossing said 232.233 acre tract, the following two (2)
courses and distances:
1. With a curve to the right, having a radius of 1490.63
feet, a delta angle of 26°48'48", an arc length of 697.59
feet, and a chord which bears North 52°29'28" West, a distance
of 691.24 feet to a calculated point;
2. North 36°26'06" West, a distance of 1284.36 feet to a
calculated point in the southwest line of said 232.233 acre
tract, same being the northeast line of a 174.4 acre tract
described in a deed to Edward J. Gillen and wife, Mildred
Gillen, recorded in Volume 1549, Page 268 of the Deed Records
of Travis County, Texas;
THENCE with the southwest line of said 232.233 acre tract, same
being the northeast line of said 174.4 acre tract, the following
four (4) courses and distances:
1. North 27°21'05" East, a distance of 684.48 feet to a
1/2" rebar with Chaparral cap found;
2. North 62°42'32" West, a distance of 500.00 feet to a
4" iron pipe found;
3. North 27°21'05" East, a distance of 784.20 feet to a
1/2" rebar with Chaparral cap found;
4. North 62°42'32" West, a distance of 999.32 feet to a
1/2" rebar with cap stamped 4453 for the west corner of said
232.233 acre tract, same being the southeast corner of a
120.321 acre tract described in a deed to Noble Capital
Servicing, LLC, et al., recorded in Document No. 2009151330
of the Official Public Records of Travis County, Texas;
THENCE North 26°58'58" East, with the west line of said 232.233 acre
tract, same being the east line of said 120.321 acre tract, a
distance of 1437.81 feet to a calculated point for the northwest
corner of said 232.233 acre tract, same being the southwest corner
of Lot 1, Pittman Addition, a subdivision of record in Volume 76,
Page 228 of the Plat Records of Travis County, Texas;
THENCE South 62°59'36" East, with the north line of said 232.233
acre tract, same being the south line of said Lot 1 and the south
line of an 11.000 acre tract described in a deed to O. D. McMarion
and Ann Sibley, recorded in Document No. 1999100812 of the Official
Public Records of Travis County, Texas, a distance of 857.50 feet to
a 1/2" iron pipe found for the southeast corner of said 11.000 acre
tract, same being the southwest corner of said 8.282 acre tract;
THENCE North 26°58'15" East, with the west line of said 8.282 acre
tract, same being the east line of said 11.000 acre tract and the
east line of a 5.014 acre tract described in a deed to O. D. McMarion
and wife, Ann McMarion, recorded in Document No. 2007145976 of the
Official Public Records of Travis County, Texas, a distance of
653.18 feet to a 1/2" rebar with Chaparral cap found in the east
line of said 5.014 acre tract, for the northwest corner of said
8.282 acre tract, same being the southwest corner of a remainder of
13.93 acres conveyed in a deed to Tom Stephens and wife, Janice
Stephens, recorded in Volume 7496, Page 513, and described in a deed
of record in Volume 3329, Page 1038, both of the Deed Records of
Travis County, Texas;
THENCE South 63°15'05" East, with the north line of said 8.282 acre
tract, same being the south line of said remainder of 13.93 acres, a
distance of 648.24 feet to a 1/2" rebar with Chaparral cap found for
the northeast corner of said 8.282 acre tract, same being the west
line of said 232.233 acre tract, also being the southeast corner of
said remainder of 13.93 acres;
THENCE North 43°26'02" East, with the west line of said 232.233 acre
tract, same being the east line of said remainder of 13.93 acres, a
distance of 538.67 feet to a 1/2" rebar with Chaparral cap found in
the south right-of-way line of Colton Bluff Springs Road, for the
northwest corner of said 232.233 acre tract, same being the
northeast corner of said remainder of 13.93 acres;
THENCE North 32°24'14" East, crossing Colton Bluff Springs Road, a
distance of 70.31 feet to a calculated point in the north
right-of-way line of Colton Bluff Springs Road, same being the
south line of said 82.844 acre tract;
THENCE with the north right-of-way line of Colton Bluff Springs
Road, same being the south line of said 82.844 acre tract, the
following two (2) courses and distances:
1. North 63°13'10" West, a distance of 197.14 feet to a
1/2" rebar found;
2. North 63°18'06" West, a distance of 703.08 feet to a
bolt in concrete found for the southwest corner of said
82.844 acre tract, same being the southeast corner of a 1.0
acre tract described in a deed to Donny Mack Cowan, recorded
in Volume 12371, Page 662 of the Real Property Records of
Travis County, Texas;
THENCE North 27°09'21" East, with the west line of said 82.844 acre
tract, same being the east line of said 1.0 acre tract, a distance
of 290.52 feet to a 1/2" rebar found for the northeast corner of
said 1.0 acre tract, same being the southeast corner of said 89.256
acre tract;
THENCE with the south line of said 89.256 acre tract, the following
eight (8) courses and distances:
1. North 63°01'00" West, with the north line of said 1.0
acre tract, a distance of 150.08 feet to a 1/2" rebar with cap
found;
2. South 27°11'15" West, with the west line of said 1.0
acre tract, a distance of 291.18 feet to a 1/2" rebar found in
the north right-of-way line of Colton Bluff Springs Road;
3. North 63°15'07" West, with the north right-of-way
line of Colton Bluff Springs Road a distance of 508.93 feet to
a calculated point;
4. North 62°31'18" West, with the north right-of-way
line of Colton Bluff Springs Road, a distance of 175.38 feet
to a calculated point for the southeast corner of a 0.18 acre
tract conveyed in a deed to Rosemary Elizabeth Schweitzer,
recorded in Volume 13011 Page 32 of the Real Property Records
of Travis County, Texas, and described as Lot No. 2 in a deed
of record in Volume 6057, Page 415 of the Deed Records of
Travis County, Texas;
5. North 26°26'47" East, with the east line of said 0.18
acre tract, a distance of 130.76 feet to a calculated point
for the northeast corner of said 0.18 acre tract;
6. North 63°01'34" West, with the north line of said
0.18 acre tract and the north line of another 0.18 acre tract
conveyed in said deed to Rosemary Elizabeth Schweitzer,
recorded in Volume 13011 Page 32 of the Real Property Records
of Travis County, Texas, and described as Lot No. 1 in a deed
of record in Volume 6057, Page 415 of the Deed Records of
Travis County, Texas, a distance of 120.03 feet to a
calculated point for the northwest corner of said 0.18 acre
tract described as Lot No. 1;
7. South 26°58'40" West, with the west line of said 0.18
acre tract described as Lot No. 1, a distance of 129.50 feet
to a calculated point in the north right-of-way line of
Colton Bluff Springs Road, for the southwest corner of said
0.18 acre tract described as Lot No. 1;
8. North 62°29'29" West, with the north right-of-way
line of Colton Bluff Springs Road, a distance of 564.31 feet
to a 1/2" rebar found for the southwest corner of said 89.256
acre tract, same being the southeast corner of said 25.735
acre tract;
THENCE continuing with the north right-of-way line of Colton Bluff
Springs Road, the following three (3) courses and distances:
1. North 62°29'18" West, with the south line of said
25.735 acre tract, a distance of 64.03 feet to a 1/2" rebar
found for the southwest corner of said 25.735 acre tract,
same being the southeast corner of said 2.731 acre tract;
2. North 62°29'18" West, with the south line of said
2.731 acre tract, a distance of 237.84 feet to a 1/2" rebar
found for the southwest corner of said 2.731 acre tract, same
being the southeast corner of said 37.306 acre tract
3. North 63°23'43" West, with the south line of said
37.306 acre tract, a distance of 420.32 feet to a calculated
point;
THENCE crossing said 37.306 acre tract, with the north right-of-way
line of Colton Bluff Springs Road, the following two (2) courses and
distances:
1. North 27°10'53" East, a distance of 6.63 feet to a
calculated point;
2. North 62°49'07" West, a distance of 507.44 feet to a
calculated point in the east right-of-way line of McKinney
Falls Parkway (right-of-way width varies);
THENCE continuing across said 37.306 acre tract, with the east
right-of-way line of McKinney Falls Parkway, the following three
(3) courses and distances:
1. North 27°10'53" East, a distance of 424.86 feet to a
calculated point;
2. With a curve to the right, having a radius of
11942.50 feet, a delta angle of 00°21'16", an arc length of
73.90 feet, and a chord which bears North 27°21'31" East, a
distance of 73.90 feet to a calculated point;
3. North 27°31'58" East, a distance of 771.23 feet to a
calculated point in the west line of said 37.306 acre tract,
for the south corner of said 2820 square foot tract;
THENCE continuing with the east right-of-way line of McKinney Falls
Parkway, the following seven (7) courses and distances:
1. North 28°03'14" East, with the west line of said 2820
square foot tract, a distance of 254.40 feet to a 1/2" rebar
with Chaparral cap found for the north corner of said 2820
square foot tract, same being an angle point in the west line
of said 37.306 acre tract;
2. North 27°30'59" East, with the west line of said
37.306 acre tract, a distance of 144.75 feet to a 1/2" rebar
with Chaparral cap found for the northwest corner of said
37.306 acre tract, same being the southwest corner of said
remainder of 2.6891 acres;
3. North 32°40'32" East, with the west line of said
remainder of 2.6891 acres, a distance of 159.65 feet to a 1/2"
rebar with Chaparral cap found for the northwest corner of
said remainder of 2.6891 acres, same being the southwest
corner of said 18.810 acres;
4. North 27°32'48" East, with the west line of said
18.810 acre tract, a distance of 696.37 feet to a 1/2" rebar
with Chaparral cap found;
5. North 25°38'36" East, continuing with the west line
of said 18.810 acre tract, a distance of 302.02 feet to a 1/2"
rebar with Chaparral cap found for the northwest corner of
said 18.810 acre tract, same being in the southwest line of
said 6.934 acre tract;
6. North 48°13'16" West, with the south line of said
6.934 acre tract, a distance of 15.47 feet to a 1/2" rebar
with Chaparral cap found for the southwest corner of said
6.924 acre tract;
7. North 27°31'46" East, with the west line of said
6.934 acre tract, a distance of 192.99 feet to a calculated
point for the northwest corner of said 6.934 acre tract, same
being the southwest corner of a 6.924 acre tract described in
a deed to Jose A. Espinosa and Luz A. Espinosa, recorded in
Volume 12861, Page 391 of the Real Property Records of Travis
County, Texas;
THENCE South 48°13'04" East, with the north line of said 6.934 acre
tract, same being the south line of said 6.924 acre tract, a
distance of 1617.68 feet to a 1/2" rebar found for the northeast
corner of said 6.934 acre tract, same being the southeast corner of
said 6.924 acre tract, also being in the west line of said 89.256
acre tract;
THENCE North 28°09'13" East, with the west line of said 89.256 acre
tract , same being the east line of said 6.924 acre tract, the east
line of a 2 acre tract described in a deed to Erland Burklund,
recorded in Volume 6757, Page 601 of the Deed Records of Travis
County, Texas, and the east line of said 6.997 acre tract, a
distance of 576.68 feet to the POINT OF BEGINNING, containing
648.268 acres of land, more or less.
SAVE AND EXCEPT 4.133 ACRES:
BEING ALL OF A 4.132 ACRE TRACT DESCRIBED IN A WARRANTY DEED TO
CHERYL LYNNE AND KIEKE BARRON, DATED JANUARY 1, 1985 AND RECORDED IN
VOLUME 8971, PAGE 137 OF REAL PROPERTY RECORDS OF TRAVIS COUNTY
TEXAS; SAID 4.133 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a 5/8" rebar found in the south right-of-way line of
Colton Bluff Springs Road, for the northeast corner of said 4.132
acre tract, same being an angle point in the north line of said
232.233 acre tract;
THENCE with the common line of said 4.132 acre tract and said
232.233 acre tract, the following three (3) courses and distances:
1. South 26°46'51" West, a distance of 450.30 feet to a
5/8" rebar found;
2. North 63°15'05" West, a distance of 399.80 feet to a
1/2" rebar with Chaparral cap found;
3. North 26°46'51" East, a distance of 450.30 feet to a
calculated point in the south right-of-way line of Colton
Bluff Springs Road, for the northwest corner of said 4.132
acre tract, same being an angle point in the north line of
said 232.233 acre tract;
THENCE South 63°15'05" East, with the south right-of-way line of
Colton Bluff Springs Road, same being the north line of said 4.132
acre tract, a distance of 399.80 feet to the POINT OF BEGINNING,
containing 4.133 acres of land, more or less.
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, 2011.
* * * * *