H.B. No. 1355
AN ACT
relating to the creation of the North San Gabriel Municipal Utility
District of Williamson County; providing authority to issue bonds;
providing authority to impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8432 to read as follows:
CHAPTER 8432. NORTH SAN GABRIEL MUNICIPAL UTILITY DISTRICT OF
WILLIAMSON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8432.001. 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 North San Gabriel Municipal
Utility District of Williamson County.
Sec. 8432.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8432.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8432.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8432.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8432.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8432.052, directors serve
staggered four-year terms.
Sec. 8432.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Julie Lane;
(2) Jennifer Johnson;
(3) Heidi Parker;
(4) Mary Elizabeth Hix; and
(5) Mindy Montford.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8432.003; or
(2) September 1, 2017.
(c) If permanent directors have not been elected under
Section 8432.003 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 8432.003; 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.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8432.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8432.102. 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. 8432.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8432.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
(d) After September 1, 2023, the district, at the district's
expense, shall repair and maintain any streets in the district.
(e) The district's repair and maintenance of a street under
this section must comply with all applicable construction standards
and regulations of Williamson County.
Sec. 8432.105. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8432.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8432.003.
(i) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
Sec. 8432.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8432.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue other than ad valorem taxes.
(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. 8432.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8432.151, 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.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8432.201. 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, tax increment payments, grants, or
other district money, or any combination of those sources, to pay
for any authorized district purpose.
Sec. 8432.202. 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. 8432.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The North San Gabriel Municipal Utility District
of Williamson County initially includes all the territory contained
in the following area:
TRACT 1
BEING 846.46 acres which is situated in Williamson County, Texas;
and including a portion of an existing County Roadway No. 214, which
is in use as an undedicated public roadway crossing this site. This
property is situated in the following land grant surveys: Richard
West A-643, James Hackett A-312, John McDevitt A-415, William H.
McCullough A-465, J.H. Lee A-835, J.L. Brown A-788, and E. Mather
A-434. This property includes a tract called 832.52 acres as
described in a deed to ASC River Oaks Ranch Ltd. by deed filed in
Doc. 2006063875, Official Records of Williamson County, Texas
(ORWCT); and encloses a 5.00 acre tract which is subject to the Life
Estate of H.C. & B.Z. Carothers. Said 5.00 acres being conveyed to
ASC River Oaks Ranch Ltd. by deed filed in Doc. 2006063874 (ORWCT).
An Exception Tract which is enclosed by this description (and
having a separate chain of title) is the 1.00 acre tract (43637
square feet area) which is described in a deed to Frank Haskell as
conveyed in Doc. 9862950 (Lot 1 of the Longhorn Sub., a plat filed
in Cab. G, Slide 96, Plat Records). Also included in this tract and
being conveyed as a part of this property is the 12.94 acre property
and associated easement rights which were conveyed to ASC River
Oaks Ranch Ltd. as described in Doc. 2006063876 (ORWCT). This
description does not include a separate 20.03 acre tract which was
conveyed to ASC River Oaks Ranch Ltd. (Doc. 2006063876). It is noted
that all monumentation found is in agreement with the record
descriptions except as specifically described hereafter. The
bearing basis for this survey is the State Plane Coordinate System
Grid North, Texas Central Zone. Line codes used in this description
are in agreement with the survey plat prepared in February of 2008
and revised in August of 2008. This property was surveyed on the
ground in February of 2008, by William F. Forest, Jr., Registered
Professional Land Surveyor No. 1847.
BEGINNING at a 1/2 inch iron pin which was found in the Southeast
line of County Road 214, at the Southwest corner of the said 20.03
acre property conveyed to ASC River Oaks Ranch Ltd. and at a corner
in the East boundary of the said 832.52 acre tract. This corner is
the record Point of Beginning of the said adjoining properties.
THENCE with the South line of the said 20.03 acre tract and the
North line of the 832.52 acre property, N 78 deg. 19 min. 30 sec. E
476.51 feet to a 3 inch pipe post found; N 80 deg. 18 min. 03 sec. E
271.33 feet to a 1/2 inch iron pin found; and (L63) N 80 deg. 18
min. 03 sec. E 176.43 feet to the approximate center of the North
San Gabriel River.
THENCE following the East boundary of the said 832.52 acre property
and its common boundary with the property of Bill D. Warren (10
10/502), downstream with the approximate center of the river, (L11)
S 46 deg. 43
min. 33 sec. E 109.42 feet, S 59 deg. 27 min. 32 sec. E 282.99 feet;
(L12) S 73 deg. 26 min. 53 sec. E 193.06 feet; S 68 deg. 45 min. 42
sec. E 657.07 feet; S 52 deg. 49 min. 13 sec. E joining the common
boundary of the property of Don Hart (681/877), in all 301.0 feet; S
42 deg. 59 min. 41 sec. E 276.64 feet to a 1/2 inch iron pin found; S
18 deg. 08 min. 05 sec. E 301.01 feet to a 1/2, inch iron pin found;
S 35 deg. 58 min. 46 sec. E 475.93 feet; and (L13) S 23 deg. 17 min.
44 sec. E 171.50 feet to the most Easterly Southeast corner of the
said property called 832.52 acres as described in the deed to ASC
River Oaks Ranch Ltd.
THENCE with the boundary of 40.13 acres conveyed to M.C.
Huffstutler, Jr. as described in Vol. 2541, Pg. 236; (with the
centerline of a dry branch) finding 1/2 inch iron pins as follows;
(L14) S 86 deg. 46 min. 55 sec. W 90.15 feet; (L15) N 51 deg. 39 min.
52 sec. W 61.91 feet; (L16) S 82 deg. 01 min. 17 sec. W 125.42 feet;
(L17) N 52 deg. 08 min. 49 sec. W 202.61 feet; N 33 deg. 11 min. 17
sec. W 243.66 feet; (LI8) N 18 deg. 31 min. 22 sec. W 104.48 feet;
and (L19) S 61 deg. 41 min. 42 sec. W 181.21 feet.
THENCE continuing with the Huffstutler boundary, (L20) S 31 deg. 56
min. 46 sec. E 21.38 feet to a nail found in an 18 inch Liveoak;
finding 1/2 inch iron pins in a fence as follows; (L21) S 21 deg. 42
min. 35 sec. E 48.27 feet; (L22) S 13 deg. 23 min. 48 sec. E 96.79
feet; (L23) S 02 deg. 18 min. 51 sec. E 100.41 feet to a nail found
in a 36" cedar; (L24) S 08 deg. 11 min. 11 sec. W 129.91 feet; (L25)
S 36 deg. 39 min. 40 sec. W 198.04 feet; and S 19 deg. 33 min. 23 sec.
E 831.90 feet.
THENCE along or near an existing fence, S 19 deg. 36 min. 59 sec. E
549.98 feet to a nail found in a 30 inch Liveoak at a West corner of
a 16.68 acre tract conveyed to R. Scott Mokry by Doc. 9706618.
THENCE with the South line of the John McDevitt Survey and the North
line of the E.B. Smith Survey, Abstract No. 585, along or near an
existing fence, finding 1/2 inch iron pins as follows; (with common
boundary of D.Q. Cardwell Doc. 9721391, and Pamela S. Cardwell Doc.
9707840) S 70 deg. 24 deg. 03 min. W385.43 feet; S 70 deg. 32 min. 54
sec. W319.14 feet to the common North corner of David Parker Doc.
9903918 and Thad Gillespie 6 ac. Doc. 2001025074; S 70 deg. 36 min.
34 sec. W325.40 feet; S 70 deg. 46 min. 17 sec. W 350.12 feet to the
common North corner of Thad Gillespie 5.29 ac. Doc. 2000027374 and
Thad Gillespie 10.12 ac. Doc. 2002029891; S 70 deg. 26 min. 23 sec.
W 293.45 feet; S 70 deg. 54 min. 05 sec. W572.40 feet to the common
North corner between properties conveyed to Richard Cox, et. ux.
Doc. 9831913; S 70 deg. 57 min. 57 sec. W 401.66 feet to a 3 inch
pipe post found.
THENCE continuing with the North line of the J.L. Brown Survey,
Abstract No. 788 and the boundary of the Steve Watson property
(2692/186); S 70 deg. 57 min. 19 sec. W 2602.47 feet to a 1/2 inch
capped iron pin set in place of a nail found; S 71 deg. 11 min. 32
sec. W 262.71 feet to a 3 inch pipe found; finding 1/2 inch iron pins
as follows S 70 deg. 31 min. 24 sec. W 536.78 feet; S 22 deg. 34 min.
56 sec. E 224.93 feet; (L26) S 17 deg. 31 min. 43 sec. E 160.30 feet
to a nail found in an 18 inch Liveoak; S 19 deg. 55 min. 24 sec. E
294.43 feet to a 1/2 inch capped iron pin set in place of a nail
found in an 18 inch Liveoak; (L27) S 24 deg. 57 min. 31 sec. E 176.20
feet to a 3 inch pipe post found; S 30 deg. 52 min. 42 sec. E 527.65
feet to a 1/2 inch iron pin found; finding 3 inch pipe posts as
follows; S 30 deg. 57 min. 25 sec. E 330.08 feet; (L28) S 26 deg. 03
min. 07 sec. E 98.67 feet; (L29) S 19 deg. 41 min. 50 sec. E 124.35
feet; and S 19 deg. 48 min. 19 sec. E 248.65 feet to a 1/2 inch iron
pin found
THENCE along or near the general line of an existing fence with the
South boundary of the said 832.52 acre tract and its common boundary
with Lot 10 of Rolling Hills Unit 2 a subdivision of record in Cab.
G, Slide 308, S 49 deg. 46 min. W 181.28 feet to a 1/2 inch iron pin
found in the curved East line of a cul-de-sac which is the Northern
termination of Rolling Hills Road according the plat for Rolling
Hills Unit 2.
THENCE departing the existing fence with the curved line of the
cul-de-sac, 151.61 feet with the arc of the curve to the left having
a radius of 50 feet, the chord bears S 27 deg. 53 min. 28 sec. W
99.85 feet to a steel cotton spindle found; continuing with the
right-of-way line of Rolling Hills Road, (UO) S 01 deg. 01 min. 35
sec. W 45.55 feet to a 1/2 inch iron pin found.
THENCE with the boundary of Rolling Hills Unit 2, (finding 1/2 inch
iron pins as follows); (L31) N 76 deg. 33 min. 45 sec. W 294.62 feet;
(L32) S 13 deg. 25 min. 29 sec. W 151.80 feet; (L33) S 13 deg. 26
min. 33 sec. W 152.11 feet; (L34) S 13 deg. 25 min. 13 sec. W 151.95
feet; (L35) S 13 deg. 26 min. 21 sec. W 152.02 feet; (L36) S 13 deg.
27 min. 37 sec. W 70.03 feet; (L37) S 54 deg. 17 min. 07 sec. W
157.77 feet; (L38) S 54 deg. 10 min. 16 sec. W 49.90 feet; S 54 deg.
11 min. 36 sec. W 294.40 feet; S 65 deg. 31 min. 15 sec. W662.90
feet; (L39) S 65 deg. 17 min. 23 sec. W 126.78 feet; N 78 deg. 29
min. 47 sec. W 271.11 feet to a 3 inch pipe post; (L40) N 73 deg. 15
min. 45 sec. W 50.57 feet to a 3/8 inch iron pin found; (finding 1/2
inch iron pins as follows); N 73 deg. 25 min. 34 sec. W 198.52 feet;
(L42) N 73 deg. 40 min. 42 sec. W 153.10 feet; (L43) N 73 deg. 33
min. 36 sec. W 152.93 feet; (L44) N 73 deg. 29 min. 12 sec. W 152.37
feet; (L45) N 73 deg. 29 min. 12 sec. W 157.59 feet; N 81 deg. 27
min. 07 sec. W 285.15 feet to a 5/8 inch iron pin found; and S 81
deg. 08 min. 08 sec. W 230.99 feet to a 1/2 inch iron pin found.
THENCE with the boundary of the Mexican Cemetery as marked by 1/2
inch iron pins found, along or near an existing fence; (L46) N 05
deg. 24min. 10 sec. W 95.60 feet; and (L47) S 84 deg. 46 min. 22 sec.
W 138.82 feet to the East line of County Road 214.
THENCE with the East line of County Road 214, finding 1/2 inch iron
pins as follows; N 06 deg. 40 min. 53 sec. W608.80 feet (to the
Southwest corner of the easement described in Doc. 2003028132, as
formerly providing access to the 12.94 acre property which is now
interior to this tract); (L67) N 06 deg. 43 min. 49 sec. W 79.97
feet; and N 06 deg. 16min. 25 sec. W 421.81 feet.
THENCE with the boundary of the 3.18 acres described in Vol. 629,
Pg. 362, (L71) N 42 deg. 29 min. 44 sec. E 22.33 feet to a 1/2 inch
iron pin found; N 69 deg. 33 min. 53 sec. E 346.98 feet to a 1/2 inch
iron pin found at a fence corner; N 18 deg. 30 min. 21 sec. W 490.07
feet to a 1/2 inch iron pin found; and N 18 deg. 30 min. 14 sec. W 21
1.08 feet to a 1/2 inch iron pin found at a fence corner.
THENCE with the boundary of the 70.2436 acres conveyed to Lookout
Partners in Doc. 2004087804, finding 1/2 inch iron pins at fence
corners except as noted as follows; N 35 deg. 17 min. 23 sec. E
630.33 feet (nail found in 30" Liveoak); S 39 deg. 05 min. 40 sec. E
263.98 feet; N 28 deg. 35 min. 09 sec. E 836.76 feet; S 77 deg. 05
min. 53 sec. E 829.57 feet; N 42 deg. 05 min. 13 sec. E 1013.97 feet;
N 19 deg. 50 min. 49 sec. W 1273.08 feet; and N 21 deg. 44 min. 39
sec. W 12.65 feet to a nail found in a 30 inch Liveoak.
THENCE with the boundary of a 7.2865 ac. tract conveyed to Lookout
Partners Development Group L.P. as described in Doc. 2004078613, N
33 deg. 10 min. 05 sec. E 488.58 feet to a 1/2, inch pin found at a
fence corner; and (L54) N 16 deg. 54 min. 31 sec. W 170.32 feet to a
1/2 inch iron pin found.
THENCE crossing County Road 214, N 04 deg. 17 min. 39 sec. W (L53) at
80.53 feet pass the intersection of the East line of San Gabriel
Ranch Road with the North line of County Road 214, continuing in all
191.67 feet to an iron pin found at a bend in the fence; continuing
along the general line of an existing fence with the East line of
San Gabriel Ranch Road, and the West line of the said 832.52 acre
property, finding 1/2 inch iron pins as follows; N 18 deg. 50 min.
37 sec. W 554.52 feet; N 19 deg. 23 min. 57 sec. W591.32 feet; and N
20 deg. 12 min. 27 sec. W 691.83 feet. This corner exists at the
Southwest fence corner of the Bart Brown Life Estate (71.657 ac.)
retained in a deed to Danna G.B. Langston et. al. of record in Doc.
9611608.
THENCE along the fenced boundary of the said 71.657 acres, N 70 deg.
49 min. 59 sec. E 567.13 feet to a 1/2 inch iron pin found; N 70 deg.
14 min. 48 sec. E 519.63 feet to a nail found in an 18 inch Liveoak;
N 70 deg. 51min. 58 sec. E 440.53 feet to a 1/2 inch iron pin found
at a fence corner; (L1) N 17 deg. 55 min. 56 sec. W 166.71 feet to a
1/2 inch iron pin found; (L2) N 17 deg. 30 min. 30 sec. W 146.58 feet
to a nail found in a 14 inch Liveoak; (L3) N 18 deg. 12 min. 14 sec. W
154.94 feet to a 1/2 inch iron pin found; N 17 deg. 39 min. 05 sec. W
421.57 feet to a 1/2 inch iron pin found; N 17 deg. 38 min. 21 sec.
W356.03 feet to a 3/4 inch pipe found at a fence corner; finding 1/2
inch iron pins in remnants of the fence as follows; N 71 deg. 05 min.
47 sec. E 725.49 feet; N 70 deg. 07 min. 08 sec. E 288.93 feet; N 71
deg. 17 min. 02 sec. E 446.41 feet; and N 71 deg. 17 min. 02 sec. E
252.90 feet to the approximate center of the North San Gabriel
River.
THENCE downstream with the approximate center of the river, finding
1/2 inch iron pins in the bed of the river as follows; (L4) S 25 deg.
36 min. 25 sec. E 16.47 feet; S 70 deg. 24 min. 37 sec. E 565.27
feet; and N 76 deg. 52 min. 27 sec. E 337.99 feet.
THENCE with the East line of County Road 214 and with the West line
of the 20.03 acre tract conveyed to ASC River Oaks Ranch, Ltd.,
(L55) S 04 deg. 51 min. 34 sec. E 111.48 feet to a 1/2 inch iron pin
found; finding nails as follows; (L56) S 24 deg. 51 min. 57 sec. E
54.51 feet (in post); continuing along or near an existing fence as
follows; (L57) S 49 deg. 34 min. 02 sec. E 85.47 feet (by post); S 51
deg. 37 min. 44 sec. E 253.37 feet (in a 12 inch Liveoak); S 44 deg.
21 min. 21 sec. E 486.27 feet (to a capped iron pin set in place of a
nail found in a cattle guard, called nail by post); finding pipe
posts as follows; (L58) S 40 deg. 51 min. 46 sec. E 101.23 feet;
(L59) S 15 deg. 39 min. 39 sec. E 82.86 feet; (L60) S 04 deg. 23 min.
52 sec. E 88.87 feet; and (L61) S 13 deg. 48 min. W 309.86 feet to
the POINT OF BEGINNING.
TRACT 2
BEING 20.03 acres (872,584 square feet area) of the John McDevitt
Survey, Abstract No. 415, in Williamson County, Texas. This tract
is the same 20.03 acre property which was conveyed to ASC River Oaks
Ranch, Ltd. as described in a deed of record in Doc. 2006063877, of
the Official Records of Williamson County, Texas. The bearing basis
for this survey is the State Plane Coordinate System Grid North,
Texas Central Zone. Line codes used in this description are in
agreement with the Land Title Survey plat revised this date. This
tract was surveyed on the ground in February of 2008, by William F.
Forest, Jr., Registered Professional Land Surveyor No. 1847.
BEGINNING at an iron pin which was found in the East line of County
Road 214 at the Southwest corner of the said 20.03 acre property
conveyed to ASC River Oaks Ranch, Ltd. and at a corner in the East
boundary of the 832.52 acre property which was conveyed to ASC River
Oaks Ranch, Ltd. as described in Doc. 2006063875 (ORWCT).
THENCE with the East line of County Road 214, and a boundary of the
said 832.52 acre tract, along the general line of an existing fence,
finding pipe posts as follows; (L61) N 13 deg. 48 min. E 309.86
feet; (L60) N 04 deg. 23 min. 52 sec. W 88.87 feet; (L59) N 15 deg.
39 min. 39 sec. W 82.86 feet; (L58) N 40 deg. 51 min. 46 sec. W
101.23 feet to a capped iron pin set in place of a nail found in a
cattle guard, called nail by post); and N 44 deg. 21 min. 21 sec. W
486.27 feet to a nail found in a 12 inch Liveoak.
THENCE with the East line of County Road 214, N 51 deg. 37 min. 44
sec. W 253.37 feet to a nail found by a post; (L57) N 49 deg. 34 min.
02 sec. W 85.47 feet to a nail found by a post; (L56) N 24 deg. 51
min. 57 sec. W 54.51 feet to a 1/2 inch iron pin found; and (L55) N
04 deg. 51 min. 34 sec. W 111.48 feet to a 1/2, inch iron pin found
in a gravel bar, near the center of the channel of the North San
Gabriel River.
THENCE downstream with the approximate center of the channel of the
River, and the common boundary between the said 20.03 acre tract and
the property conveyed to Bill D. Warren (1010/502) as follows; N 71
deg. 52 min. 46 sec. E 293.16 feet; (L5) N 87 deg. 04 min. E 119.72
feet; (L6) S 78 deg. 06 min. 07 sec. E 65.15 feet; (L7) S 64 deg. 07
min. 30 sec. E 93.18 feet; S 54 deg. 57 min. 49 sec. E 210.41 feet;
(L8) S 41 deg. 36 min. 49 sec. E 130.55 feet; S 44 deg. 31 min. 58
sec. E 229.38 feet; S 42 deg. 57 min. 17 sec. E 229.44 feet; (L9) S
31 deg. 47 min. 19 sec. E 183.70 feet; (LI0) S 35 deg. 42 min. 24
sec. E 155.03 feet; and S 39 deg. 55 min. 32 sec. E 399.37 feet.
THENCE with the South line of the said 20.03 ac. tract conveyed to
ASC River Oaks Ranch, Ltd., and with the lower North line of the
said 832.52 acre tract, (L63) S 80 deg. 18 min. 03 sec. W 176.43 feet
to a 1/2 inch iron pin found; S 80 deg. 18 min. 03 sec. W 271.33 feet
to a 3 inch pipe post; and S 78 deg. 19 min. 30 sec. W 476.51 feet to
the POINT OF BEGINNING.
EXCEPTION TRACT
BEING 1.00 acre (43637 square feet area) in Williamson County,
Texas, Lot 1 of the Longhorn Subdivision, a plat filed in Cabinet G,
Slide 96, Plat Records (Retrieval number called Doc. 8522659
Official Records) of Williamson County, Texas. This tract is the
same property which is described in a deed to Frank Haskell of
record in Doc. 9862950, Official Records of Williamson County,
Texas (ORWCT) and is the same 1 acre Exception tract which is
described in a deed to ASC River Oaks Ranch, Ltd. of record in Doc.
2006063875 (ORWCT). The bearing basis for this survey is the State
Plane Coordinate System Grid North, Texas Central Zone. Lines codes
used in this description are in agreement with the Land Title Survey
plat prepared in February of 2008 and revised in August of 2008.
This tract was surveyed on the ground in February of 2008, by
William F. Forest, Jr., Registered Professional Land Surveyor No.
1847.
BEGINNING at a 1/2 inch iron pin which was found in the North line of
County Road 214 at the Southwest corner of said Lot 1 of the
Longhorn Subdivision and at the Southwest corner of the property
conveyed to Frank Haskell. A 1/2 inch iron pin which was found at a
corner of the 832.52 property conveyed to ASC River Oaks Ranch, Ltd.
as described in Doc. 2006063875 which encircles this tract, (said
corner existing at the intersection of the extension of the East
line of San Gabriel Ranch Road with the South line of County Road
214) stands (L52) S 47 deg. 53 min. 13 sec. W 309.03 feet and (L53) S
04 deg. 17 min. 39 sec. E 80.53 feet.
THENCE (LSI) N 18 deg. 40 min. 53 sec. W 339.11 feet to a 1/2 inch
iron pin found.
THENCE (L48) N 71 deg. 19 min. 07 sec. E 139.43 feet to a 1/2 inch
iron pin found. THENCE (L49) S 18 deg. 40 min. 53 sec. E 285.73 feet
to a 1/2 inch iron pin found. THENCE with the North line of County
Road 214, (L50) S 50 deg. 22 min. 07 sec. W 149.30 feet to the POINT
OF BEGINNING.
TRACT 3
BEING A 77.5254 ACRE TRACT OF LAND OUT OF THE JAMES HACKETT SURVEY
ABSTRACT NO. 312 AND THE WILLIAM H. McCULLOUGH SURVEY, ABSTRACT NO.
465 IN WILLIAMSON COUNTY, TEXAS, WHICH INCLUDES A PORTION IN USE AS
COUNTY ROAD 214 (NO DEDICATING INSTRUMENT FOUND), BEING ALL OF A
7.2865 ACRE TRACT CONVEYED TO LOOKOUT PARTNERS DEVELOPMENT GROUP LP
IN DOCUMENT NO. 2004078913, OFFICIAL PUBLIC RECORDS, WILLIAMSON
COUNTY, TEXAS, AND ALL OF A 70.2436 ACRE TRACT ALSO CONVEYED TO
LOOKOUT PARTNERS DEVELOPMENT GROUP LP IN DOCUMENT NO. 2004087804,
OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
BEGINNING at a 1/2" iron rod found at a fence intersection on the
South R.O.W. line of County Road No. 214, being the Northerly corner
of a 3.18 acre tract conveyed to Williamson County in Vol. 629, Pg.
362, Deed Records, Williamson County, Texas, and the Northwest
corner of an 865.49 acre tract conveyed to Texas Land Fund No.6, LP,
in Document No. 2008064005, Official Public Records, Williamson
County, Texas. Said iron rod also being the Southwest corner of the
said 70.2436 acre tract, the Southwest corner of this tract, and the
POINT OF BEGINNING.
THENCE N 20° 46' 16" W, across County Road 214, 79.51 feet to a 1/2'"
iron rod found at a fence corner being an angle point in the West
line of this tract.
THENCE N 19° 34' 18" W, at 116.44 feet pass the Southeast corner of
Lot 104, Sundance Ranch North Phase Two, as recorded in Cab. R, Sl.
7-11, Plat Records, Williamson County, Texas, continuing with the
East line of Lots 104 and 159 of said Sundance Ranch North Phase
Two, a total distance of 1213.04 feet to a 1/2" iron rod found on the
South line of Lot 158 of said subdivision being the Northeast corner
of said Lot 159, the Northwest corner of the said 70.2436 acre
tract, and the Northwest corner of this tract.
THENCE with the South line of Lots 158, 157, and 156 of said
subdivision, the following two courses and distances:
1) N 70° 12' 54" E, 584.47 feet to a 1/2" iron rod found.
2) N 71 ° 04' 10" E, at 697.99 feet pass a 1/2" iron rod found being
an angle point in the South line of said Lot 156 also being the
Northeast corner of a 20' strip dedicated for additional
right-of-way by said Sundance Ranch North Phase Two plat, in all a
total distance of739.67 feet to a 1/2" iron rod found at a fence
corner on the North R.O.W. line of County Road No. 214.
THENCE S 73° 39' 17" E, crossing County Road 214, 71.80 feet to a
1/2" iron rod found on the fenced South line of County Road 214,
being the Easternmost corner of the said 7.2865 acre tract.
THENCE with the fenced South R.O.W. line of County Road No. 214,
also being the North line of the said 7.2865 acre tract, the
following six (6) courses and distances.
1) N 26° 36' 41" E, 344.09 feet to a 1/2" iron rod found for an angle
point.
2) N 37° 07' 31" E, 601.88 feet to a 1/2" iron rod found for an angle
point.
3) N 48° 23' 19" E, 317.01 feet to a 1/2" iron rod found for an angle
point.
4) N 41 ° 44' 47" E, 579.63 feet to a 1/2" iron rod found for an angle
point.
5) N 36° 39' 30" E, 282.33 feet to a 1/2" iron rod found for an angle
point.
6) N 40° 45' 15" E, 88.37 feet to a 1/2" iron rod found at an angle
point on the North line of the said Texas Land Fund No.6 LP tract,
being the Northeast corner of the said 7.2865 acre tract and the
Northeast corner of this tract.
THENCE with the North and West line of the said Texas Land Fund No.6
LP tract, the following nine (9) courses and distances:
1) S 16° 04' 55" E, 170.29 feet to a 1/2" iron rod found, being the
Southeast corner of the said 7.2865 acre tract.
2) S 34° 02' 01" W, 488.61 feet to a 60d nail found at the base of a
36" live oak, being the Northeast corner of the said 70.2436 acre
tract.
3) S 20° 43' 18" E, 12.64 feet to a 1/2" iron rod found.
4) S 19° 00' 00" E, 1273.16 feet to a 1/2" iron rod found, being the
Southeast corner of the said 70.2436 acre tract.
5) S 42° 57' 24" W, 1013.90 feet to a 1/2" iron rod found.
6) N 76° 14' 43" W, 829.54 feet to a 1/2" iron rod found.
7) S 29° 26' 44" W, 836.72 feet to a 1/2" iron rod found.
8) N 38° 11' 05"W, 264.07 feet to a 60d nail found at the base of a
17' live oak.
9) S 36° 10' 28" W, 630.29 feet to the POINT OF BEGINNING and
containing 77.5254 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1355 was passed by the House on May 2,
2013, by the following vote: Yeas 147, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1355 was passed by the Senate on May
22, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor