Texas 2013 - 83rd Regular

Texas House Bill HB1355 Compare Versions

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11 By: Farney (Senate Sponsor - Schwertner) H.B. No. 1355
22 (In the Senate - Received from the House May 6, 2013;
33 May 7, 2013, read first time and referred to Committee on
44 Intergovernmental Relations; May 16, 2013, reported favorably by
55 the following vote: Yeas 4, Nays 0; May 16, 2013, sent to printer.)
66
77
88 A BILL TO BE ENTITLED
99 AN ACT
1010 relating to the creation of the North San Gabriel Municipal Utility
1111 District of Williamson County; providing authority to issue bonds;
1212 providing authority to impose assessments, fees, or taxes.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1515 Code, is amended by adding Chapter 8432 to read as follows:
1616 CHAPTER 8432. NORTH SAN GABRIEL MUNICIPAL UTILITY DISTRICT OF
1717 WILLIAMSON COUNTY
1818 SUBCHAPTER A. GENERAL PROVISIONS
1919 Sec. 8432.001. DEFINITIONS. In this chapter:
2020 (1) "Board" means the district's board of directors.
2121 (2) "Commission" means the Texas Commission on
2222 Environmental Quality.
2323 (3) "Director" means a board member.
2424 (4) "District" means the North San Gabriel Municipal
2525 Utility District of Williamson County.
2626 Sec. 8432.002. NATURE OF DISTRICT. The district is a
2727 municipal utility district created under Section 59, Article XVI,
2828 Texas Constitution.
2929 Sec. 8432.003. CONFIRMATION AND DIRECTORS' ELECTION
3030 REQUIRED. The temporary directors shall hold an election to
3131 confirm the creation of the district and to elect five permanent
3232 directors as provided by Section 49.102, Water Code.
3333 Sec. 8432.004. 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. 8432.005. INITIAL DISTRICT TERRITORY. (a) The
4343 district is initially composed of the territory described by
4444 Section 2 of the Act enacting this chapter.
4545 (b) The boundaries and field notes contained in Section 2 of
4646 the Act enacting 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 SUBCHAPTER B. BOARD OF DIRECTORS
5656 Sec. 8432.051. GOVERNING BODY; TERMS. (a) The district is
5757 governed by a board of five elected directors.
5858 (b) Except as provided by Section 8432.052, directors serve
5959 staggered four-year terms.
6060 Sec. 8432.052. TEMPORARY DIRECTORS. (a) The temporary
6161 board consists of:
6262 (1) Julie Lane;
6363 (2) Jennifer Johnson;
6464 (3) Heidi Parker;
6565 (4) Mary Elizabeth Hix; and
6666 (5) Mindy Montford.
6767 (b) Temporary directors serve until the earlier of:
6868 (1) the date permanent directors are elected under
6969 Section 8432.003; or
7070 (2) September 1, 2017.
7171 (c) If permanent directors have not been elected under
7272 Section 8432.003 and the terms of the temporary directors have
7373 expired, successor temporary directors shall be appointed or
7474 reappointed as provided by Subsection (d) to serve terms that
7575 expire on the earlier of:
7676 (1) the date permanent directors are elected under
7777 Section 8432.003; or
7878 (2) the fourth anniversary of the date of the
7979 appointment or reappointment.
8080 (d) If Subsection (c) applies, the owner or owners of a
8181 majority of the assessed value of the real property in the district
8282 may submit a petition to the commission requesting that the
8383 commission appoint as successor temporary directors the five
8484 persons named in the petition. The commission shall appoint as
8585 successor temporary directors the five persons named in the
8686 petition.
8787 SUBCHAPTER C. POWERS AND DUTIES
8888 Sec. 8432.101. GENERAL POWERS AND DUTIES. The district has
8989 the powers and duties necessary to accomplish the purposes for
9090 which the district is created.
9191 Sec. 8432.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9292 DUTIES. The district has the powers and duties provided by the
9393 general law of this state, including Chapters 49 and 54, Water Code,
9494 applicable to municipal utility districts created under Section 59,
9595 Article XVI, Texas Constitution.
9696 Sec. 8432.103. AUTHORITY FOR ROAD PROJECTS. Under Section
9797 52, Article III, Texas Constitution, the district may design,
9898 acquire, construct, finance, issue bonds for, improve, operate,
9999 maintain, and convey to this state, a county, or a municipality for
100100 operation and maintenance macadamized, graveled, or paved roads, or
101101 improvements, including storm drainage, in aid of those roads.
102102 Sec. 8432.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
103103 project must meet all applicable construction standards, zoning and
104104 subdivision requirements, and regulations of each municipality in
105105 whose corporate limits or extraterritorial jurisdiction the road
106106 project is located.
107107 (b) If a road project is not located in the corporate limits
108108 or extraterritorial jurisdiction of a municipality, the road
109109 project must meet all applicable construction standards,
110110 subdivision requirements, and regulations of each county in which
111111 the road project is located.
112112 (c) If the state will maintain and operate the road, the
113113 Texas Transportation Commission must approve the plans and
114114 specifications of the road project.
115115 (d) After September 1, 2023, the district, at the district's
116116 expense, shall repair and maintain any streets in the district.
117117 (e) The district's repair and maintenance of a street under
118118 this section must comply with all applicable construction standards
119119 and regulations of Williamson County.
120120 Sec. 8432.105. DIVISION OF DISTRICT. (a) The district may
121121 be divided into two or more new districts only if the district:
122122 (1) has no outstanding bonded debt; and
123123 (2) is not imposing ad valorem taxes.
124124 (b) This chapter applies to any new district created by the
125125 division of the district, and a new district has all the powers and
126126 duties of the district.
127127 (c) Any new district created by the division of the district
128128 may not, at the time the new district is created, contain any land
129129 outside the area described by Section 2 of the Act creating this
130130 chapter.
131131 (d) The board, on its own motion or on receipt of a petition
132132 signed by the owner or owners of a majority of the assessed value of
133133 the real property in the district, may adopt an order dividing the
134134 district.
135135 (e) The board may adopt an order dividing the district
136136 before or after the date the board holds an election under Section
137137 8432.003 to confirm the district's creation.
138138 (f) An order dividing the district shall:
139139 (1) name each new district;
140140 (2) include the metes and bounds of each new district;
141141 (3) appoint temporary directors for each new district;
142142 and
143143 (4) provide for the division of assets and liabilities
144144 between or among the new districts.
145145 (g) On or before the 30th day after the date of adoption of
146146 an order dividing the district, the district shall file the order
147147 with the Texas Commission on Environmental Quality and record the
148148 order in the real property records of each county in which the
149149 district is located.
150150 (h) Any new district created by the division of the district
151151 shall hold a confirmation and directors' election as required by
152152 Section 8432.003.
153153 (i) Any new district created by the division of the district
154154 must hold an election as required by this chapter to obtain voter
155155 approval before the district may impose a maintenance tax or issue
156156 bonds payable wholly or partly from ad valorem taxes.
157157 Sec. 8432.106. NO EMINENT DOMAIN POWER. The district may
158158 not exercise the power of eminent domain.
159159 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
160160 Sec. 8432.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
161161 district may issue, without an election, bonds and other
162162 obligations secured by revenue other than ad valorem taxes.
163163 (b) The district must hold an election in the manner
164164 provided by Chapters 49 and 54, Water Code, to obtain voter approval
165165 before the district may impose an ad valorem tax or issue bonds
166166 payable from ad valorem taxes.
167167 (c) The district may not issue bonds payable from ad valorem
168168 taxes to finance a road project unless the issuance is approved by a
169169 vote of a two-thirds majority of the district voters voting at an
170170 election held for that purpose.
171171 Sec. 8432.152. OPERATION AND MAINTENANCE TAX. (a) If
172172 authorized at an election held under Section 8432.151, the district
173173 may impose an operation and maintenance tax on taxable property in
174174 the district in accordance with Section 49.107, Water Code.
175175 (b) The board shall determine the tax rate. The rate may not
176176 exceed the rate approved at the election.
177177 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
178178 Sec. 8432.201. AUTHORITY TO ISSUE BONDS AND OTHER
179179 OBLIGATIONS. The district may issue bonds or other obligations
180180 payable wholly or partly from ad valorem taxes, impact fees,
181181 revenue, contract payments, tax increment payments, grants, or
182182 other district money, or any combination of those sources, to pay
183183 for any authorized district purpose.
184184 Sec. 8432.202. TAXES FOR BONDS. At the time the district
185185 issues bonds payable wholly or partly from ad valorem taxes, the
186186 board shall provide for the annual imposition of a continuing
187187 direct ad valorem tax, without limit as to rate or amount, while all
188188 or part of the bonds are outstanding as required and in the manner
189189 provided by Sections 54.601 and 54.602, Water Code.
190190 Sec. 8432.203. BONDS FOR ROAD PROJECTS. At the time of
191191 issuance, the total principal amount of bonds or other obligations
192192 issued or incurred to finance road projects and payable from ad
193193 valorem taxes may not exceed one-fourth of the assessed value of the
194194 real property in the district.
195195 SECTION 2. The North San Gabriel Municipal Utility District
196196 of Williamson County initially includes all the territory contained
197197 in the following area:
198198 TRACT 1
199199 BEING 846.46 acres which is situated in Williamson County, Texas;
200200 and including a portion of an existing County Roadway No. 214, which
201201 is in use as an undedicated public roadway crossing this site. This
202202 property is situated in the following land grant surveys: Richard
203203 West A-643, James Hackett A-312, John McDevitt A-415, William H.
204204 McCullough A-465, J.H. Lee A-835, J.L. Brown A-788, and E. Mather
205205 A-434. This property includes a tract called 832.52 acres as
206206 described in a deed to ASC River Oaks Ranch Ltd. by deed filed in
207207 Doc. 2006063875, Official Records of Williamson County, Texas
208208 (ORWCT); and encloses a 5.00 acre tract which is subject to the Life
209209 Estate of H.C. & B.Z. Carothers. Said 5.00 acres being conveyed to
210210 ASC River Oaks Ranch Ltd. by deed filed in Doc. 2006063874 (ORWCT).
211211 An Exception Tract which is enclosed by this description (and
212212 having a separate chain of title) is the 1.00 acre tract (43637
213213 square feet area) which is described in a deed to Frank Haskell as
214214 conveyed in Doc. 9862950 (Lot 1 of the Longhorn Sub., a plat filed
215215 in Cab. G, Slide 96, Plat Records). Also included in this tract and
216216 being conveyed as a part of this property is the 12.94 acre property
217217 and associated easement rights which were conveyed to ASC River
218218 Oaks Ranch Ltd. as described in Doc. 2006063876 (ORWCT). This
219219 description does not include a separate 20.03 acre tract which was
220220 conveyed to ASC River Oaks Ranch Ltd. (Doc. 2006063876). It is noted
221221 that all monumentation found is in agreement with the record
222222 descriptions except as specifically described hereafter. The
223223 bearing basis for this survey is the State Plane Coordinate System
224224 Grid North, Texas Central Zone. Line codes used in this description
225225 are in agreement with the survey plat prepared in February of 2008
226226 and revised in August of 2008. This property was surveyed on the
227227 ground in February of 2008, by William F. Forest, Jr., Registered
228228 Professional Land Surveyor No. 1847.
229229 BEGINNING at a 1/2 inch iron pin which was found in the Southeast
230230 line of County Road 214, at the Southwest corner of the said 20.03
231231 acre property conveyed to ASC River Oaks Ranch Ltd. and at a corner
232232 in the East boundary of the said 832.52 acre tract. This corner is
233233 the record Point of Beginning of the said adjoining properties.
234234 THENCE with the South line of the said 20.03 acre tract and the
235235 North line of the 832.52 acre property, N 78 deg. 19 min. 30 sec. E
236236 476.51 feet to a 3 inch pipe post found; N 80 deg. 18 min. 03 sec. E
237237 271.33 feet to a 1/2 inch iron pin found; and (L63) N 80 deg. 18
238238 min. 03 sec. E 176.43 feet to the approximate center of the North
239239 San Gabriel River.
240240 THENCE following the East boundary of the said 832.52 acre property
241241 and its common boundary with the property of Bill D. Warren (10
242242 10/502), downstream with the approximate center of the river, (L11)
243243 S 46 deg. 43
244244 min. 33 sec. E 109.42 feet, S 59 deg. 27 min. 32 sec. E 282.99 feet;
245245 (L12) S 73 deg. 26 min. 53 sec. E 193.06 feet; S 68 deg. 45 min. 42
246246 sec. E 657.07 feet; S 52 deg. 49 min. 13 sec. E joining the common
247247 boundary of the property of Don Hart (681/877), in all 301.0 feet; S
248248 42 deg. 59 min. 41 sec. E 276.64 feet to a 1/2 inch iron pin found; S
249249 18 deg. 08 min. 05 sec. E 301.01 feet to a 1/2, inch iron pin found;
250250 S 35 deg. 58 min. 46 sec. E 475.93 feet; and (L13) S 23 deg. 17 min.
251251 44 sec. E 171.50 feet to the most Easterly Southeast corner of the
252252 said property called 832.52 acres as described in the deed to ASC
253253 River Oaks Ranch Ltd.
254254 THENCE with the boundary of 40.13 acres conveyed to M.C.
255255 Huffstutler, Jr. as described in Vol. 2541, Pg. 236; (with the
256256 centerline of a dry branch) finding 1/2 inch iron pins as follows;
257257 (L14) S 86 deg. 46 min. 55 sec. W 90.15 feet; (L15) N 51 deg. 39 min.
258258 52 sec. W 61.91 feet; (L16) S 82 deg. 01 min. 17 sec. W 125.42 feet;
259259 (L17) N 52 deg. 08 min. 49 sec. W 202.61 feet; N 33 deg. 11 min. 17
260260 sec. W 243.66 feet; (LI8) N 18 deg. 31 min. 22 sec. W 104.48 feet;
261261 and (L19) S 61 deg. 41 min. 42 sec. W 181.21 feet.
262262 THENCE continuing with the Huffstutler boundary, (L20) S 31 deg. 56
263263 min. 46 sec. E 21.38 feet to a nail found in an 18 inch Liveoak;
264264 finding 1/2 inch iron pins in a fence as follows; (L21) S 21 deg. 42
265265 min. 35 sec. E 48.27 feet; (L22) S 13 deg. 23 min. 48 sec. E 96.79
266266 feet; (L23) S 02 deg. 18 min. 51 sec. E 100.41 feet to a nail found
267267 in a 36" cedar; (L24) S 08 deg. 11 min. 11 sec. W 129.91 feet; (L25)
268268 S 36 deg. 39 min. 40 sec. W 198.04 feet; and S 19 deg. 33 min. 23 sec.
269269 E 831.90 feet.
270270 THENCE along or near an existing fence, S 19 deg. 36 min. 59 sec. E
271271 549.98 feet to a nail found in a 30 inch Liveoak at a West corner of
272272 a 16.68 acre tract conveyed to R. Scott Mokry by Doc. 9706618.
273273 THENCE with the South line of the John McDevitt Survey and the North
274274 line of the E.B. Smith Survey, Abstract No. 585, along or near an
275275 existing fence, finding 1/2 inch iron pins as follows; (with common
276276 boundary of D.Q. Cardwell Doc. 9721391, and Pamela S. Cardwell Doc.
277277 9707840) S 70 deg. 24 deg. 03 min. W385.43 feet; S 70 deg. 32 min. 54
278278 sec. W319.14 feet to the common North corner of David Parker Doc.
279279 9903918 and Thad Gillespie 6 ac. Doc. 2001025074; S 70 deg. 36 min.
280280 34 sec. W325.40 feet; S 70 deg. 46 min. 17 sec. W 350.12 feet to the
281281 common North corner of Thad Gillespie 5.29 ac. Doc. 2000027374 and
282282 Thad Gillespie 10.12 ac. Doc. 2002029891; S 70 deg. 26 min. 23 sec.
283283 W 293.45 feet; S 70 deg. 54 min. 05 sec. W572.40 feet to the common
284284 North corner between properties conveyed to Richard Cox, et. ux.
285285 Doc. 9831913; S 70 deg. 57 min. 57 sec. W 401.66 feet to a 3 inch
286286 pipe post found.
287287 THENCE continuing with the North line of the J.L. Brown Survey,
288288 Abstract No. 788 and the boundary of the Steve Watson property
289289 (2692/186); S 70 deg. 57 min. 19 sec. W 2602.47 feet to a 1/2 inch
290290 capped iron pin set in place of a nail found; S 71 deg. 11 min. 32
291291 sec. W 262.71 feet to a 3 inch pipe found; finding 1/2 inch iron pins
292292 as follows S 70 deg. 31 min. 24 sec. W 536.78 feet; S 22 deg. 34 min.
293293 56 sec. E 224.93 feet; (L26) S 17 deg. 31 min. 43 sec. E 160.30 feet
294294 to a nail found in an 18 inch Liveoak; S 19 deg. 55 min. 24 sec. E
295295 294.43 feet to a 1/2 inch capped iron pin set in place of a nail
296296 found in an 18 inch Liveoak; (L27) S 24 deg. 57 min. 31 sec. E 176.20
297297 feet to a 3 inch pipe post found; S 30 deg. 52 min. 42 sec. E 527.65
298298 feet to a 1/2 inch iron pin found; finding 3 inch pipe posts as
299299 follows; S 30 deg. 57 min. 25 sec. E 330.08 feet; (L28) S 26 deg. 03
300300 min. 07 sec. E 98.67 feet; (L29) S 19 deg. 41 min. 50 sec. E 124.35
301301 feet; and S 19 deg. 48 min. 19 sec. E 248.65 feet to a 1/2 inch iron
302302 pin found
303303 THENCE along or near the general line of an existing fence with the
304304 South boundary of the said 832.52 acre tract and its common boundary
305305 with Lot 10 of Rolling Hills Unit 2 a subdivision of record in Cab.
306306 G, Slide 308, S 49 deg. 46 min. W 181.28 feet to a 1/2 inch iron pin
307307 found in the curved East line of a cul-de-sac which is the Northern
308308 termination of Rolling Hills Road according the plat for Rolling
309309 Hills Unit 2.
310310 THENCE departing the existing fence with the curved line of the
311311 cul-de-sac, 151.61 feet with the arc of the curve to the left having
312312 a radius of 50 feet, the chord bears S 27 deg. 53 min. 28 sec. W
313313 99.85 feet to a steel cotton spindle found; continuing with the
314314 right-of-way line of Rolling Hills Road, (UO) S 01 deg. 01 min. 35
315315 sec. W 45.55 feet to a 1/2 inch iron pin found.
316316 THENCE with the boundary of Rolling Hills Unit 2, (finding 1/2 inch
317317 iron pins as follows); (L31) N 76 deg. 33 min. 45 sec. W 294.62 feet;
318318 (L32) S 13 deg. 25 min. 29 sec. W 151.80 feet; (L33) S 13 deg. 26
319319 min. 33 sec. W 152.11 feet; (L34) S 13 deg. 25 min. 13 sec. W 151.95
320320 feet; (L35) S 13 deg. 26 min. 21 sec. W 152.02 feet; (L36) S 13 deg.
321321 27 min. 37 sec. W 70.03 feet; (L37) S 54 deg. 17 min. 07 sec. W
322322 157.77 feet; (L38) S 54 deg. 10 min. 16 sec. W 49.90 feet; S 54 deg.
323323 11 min. 36 sec. W 294.40 feet; S 65 deg. 31 min. 15 sec. W662.90
324324 feet; (L39) S 65 deg. 17 min. 23 sec. W 126.78 feet; N 78 deg. 29
325325 min. 47 sec. W 271.11 feet to a 3 inch pipe post; (L40) N 73 deg. 15
326326 min. 45 sec. W 50.57 feet to a 3/8 inch iron pin found; (finding 1/2
327327 inch iron pins as follows); N 73 deg. 25 min. 34 sec. W 198.52 feet;
328328 (L42) N 73 deg. 40 min. 42 sec. W 153.10 feet; (L43) N 73 deg. 33
329329 min. 36 sec. W 152.93 feet; (L44) N 73 deg. 29 min. 12 sec. W 152.37
330330 feet; (L45) N 73 deg. 29 min. 12 sec. W 157.59 feet; N 81 deg. 27
331331 min. 07 sec. W 285.15 feet to a 5/8 inch iron pin found; and S 81
332332 deg. 08 min. 08 sec. W 230.99 feet to a 1/2 inch iron pin found.
333333 THENCE with the boundary of the Mexican Cemetery as marked by 1/2
334334 inch iron pins found, along or near an existing fence; (L46) N 05
335335 deg. 24min. 10 sec. W 95.60 feet; and (L47) S 84 deg. 46 min. 22 sec.
336336 W 138.82 feet to the East line of County Road 214.
337337 THENCE with the East line of County Road 214, finding 1/2 inch iron
338338 pins as follows; N 06 deg. 40 min. 53 sec. W608.80 feet (to the
339339 Southwest corner of the easement described in Doc. 2003028132, as
340340 formerly providing access to the 12.94 acre property which is now
341341 interior to this tract); (L67) N 06 deg. 43 min. 49 sec. W 79.97
342342 feet; and N 06 deg. 16min. 25 sec. W 421.81 feet.
343343 THENCE with the boundary of the 3.18 acres described in Vol. 629,
344344 Pg. 362, (L71) N 42 deg. 29 min. 44 sec. E 22.33 feet to a 1/2 inch
345345 iron pin found; N 69 deg. 33 min. 53 sec. E 346.98 feet to a 1/2 inch
346346 iron pin found at a fence corner; N 18 deg. 30 min. 21 sec. W 490.07
347347 feet to a 1/2 inch iron pin found; and N 18 deg. 30 min. 14 sec. W 21
348348 1.08 feet to a 1/2 inch iron pin found at a fence corner.
349349 THENCE with the boundary of the 70.2436 acres conveyed to Lookout
350350 Partners in Doc. 2004087804, finding 1/2 inch iron pins at fence
351351 corners except as noted as follows; N 35 deg. 17 min. 23 sec. E
352352 630.33 feet (nail found in 30" Liveoak); S 39 deg. 05 min. 40 sec. E
353353 263.98 feet; N 28 deg. 35 min. 09 sec. E 836.76 feet; S 77 deg. 05
354354 min. 53 sec. E 829.57 feet; N 42 deg. 05 min. 13 sec. E 1013.97 feet;
355355 N 19 deg. 50 min. 49 sec. W 1273.08 feet; and N 21 deg. 44 min. 39
356356 sec. W 12.65 feet to a nail found in a 30 inch Liveoak.
357357 THENCE with the boundary of a 7.2865 ac. tract conveyed to Lookout
358358 Partners Development Group L.P. as described in Doc. 2004078613, N
359359 33 deg. 10 min. 05 sec. E 488.58 feet to a 1/2, inch pin found at a
360360 fence corner; and (L54) N 16 deg. 54 min. 31 sec. W 170.32 feet to a
361361 1/2 inch iron pin found.
362362 THENCE crossing County Road 214, N 04 deg. 17 min. 39 sec. W (L53) at
363363 80.53 feet pass the intersection of the East line of San Gabriel
364364 Ranch Road with the North line of County Road 214, continuing in all
365365 191.67 feet to an iron pin found at a bend in the fence; continuing
366366 along the general line of an existing fence with the East line of
367367 San Gabriel Ranch Road, and the West line of the said 832.52 acre
368368 property, finding 1/2 inch iron pins as follows; N 18 deg. 50 min.
369369 37 sec. W 554.52 feet; N 19 deg. 23 min. 57 sec. W591.32 feet; and N
370370 20 deg. 12 min. 27 sec. W 691.83 feet. This corner exists at the
371371 Southwest fence corner of the Bart Brown Life Estate (71.657 ac.)
372372 retained in a deed to Danna G.B. Langston et. al. of record in Doc.
373373 9611608.
374374 THENCE along the fenced boundary of the said 71.657 acres, N 70 deg.
375375 49 min. 59 sec. E 567.13 feet to a 1/2 inch iron pin found; N 70 deg.
376376 14 min. 48 sec. E 519.63 feet to a nail found in an 18 inch Liveoak;
377377 N 70 deg. 51min. 58 sec. E 440.53 feet to a 1/2 inch iron pin found
378378 at a fence corner; (L1) N 17 deg. 55 min. 56 sec. W 166.71 feet to a
379379 1/2 inch iron pin found; (L2) N 17 deg. 30 min. 30 sec. W 146.58 feet
380380 to a nail found in a 14 inch Liveoak; (L3) N 18 deg. 12 min. 14 sec. W
381381 154.94 feet to a 1/2 inch iron pin found; N 17 deg. 39 min. 05 sec. W
382382 421.57 feet to a 1/2 inch iron pin found; N 17 deg. 38 min. 21 sec.
383383 W356.03 feet to a 3/4 inch pipe found at a fence corner; finding 1/2
384384 inch iron pins in remnants of the fence as follows; N 71 deg. 05 min.
385385 47 sec. E 725.49 feet; N 70 deg. 07 min. 08 sec. E 288.93 feet; N 71
386386 deg. 17 min. 02 sec. E 446.41 feet; and N 71 deg. 17 min. 02 sec. E
387387 252.90 feet to the approximate center of the North San Gabriel
388388 River.
389389 THENCE downstream with the approximate center of the river, finding
390390 1/2 inch iron pins in the bed of the river as follows; (L4) S 25 deg.
391391 36 min. 25 sec. E 16.47 feet; S 70 deg. 24 min. 37 sec. E 565.27
392392 feet; and N 76 deg. 52 min. 27 sec. E 337.99 feet.
393393 THENCE with the East line of County Road 214 and with the West line
394394 of the 20.03 acre tract conveyed to ASC River Oaks Ranch, Ltd.,
395395 (L55) S 04 deg. 51 min. 34 sec. E 111.48 feet to a 1/2 inch iron pin
396396 found; finding nails as follows; (L56) S 24 deg. 51 min. 57 sec. E
397397 54.51 feet (in post); continuing along or near an existing fence as
398398 follows; (L57) S 49 deg. 34 min. 02 sec. E 85.47 feet (by post); S 51
399399 deg. 37 min. 44 sec. E 253.37 feet (in a 12 inch Liveoak); S 44 deg.
400400 21 min. 21 sec. E 486.27 feet (to a capped iron pin set in place of a
401401 nail found in a cattle guard, called nail by post); finding pipe
402402 posts as follows; (L58) S 40 deg. 51 min. 46 sec. E 101.23 feet;
403403 (L59) S 15 deg. 39 min. 39 sec. E 82.86 feet; (L60) S 04 deg. 23 min.
404404 52 sec. E 88.87 feet; and (L61) S 13 deg. 48 min. W 309.86 feet to
405405 the POINT OF BEGINNING.
406406 TRACT 2
407407 BEING 20.03 acres (872,584 square feet area) of the John McDevitt
408408 Survey, Abstract No. 415, in Williamson County, Texas. This tract
409409 is the same 20.03 acre property which was conveyed to ASC River Oaks
410410 Ranch, Ltd. as described in a deed of record in Doc. 2006063877, of
411411 the Official Records of Williamson County, Texas. The bearing basis
412412 for this survey is the State Plane Coordinate System Grid North,
413413 Texas Central Zone. Line codes used in this description are in
414414 agreement with the Land Title Survey plat revised this date. This
415415 tract was surveyed on the ground in February of 2008, by William F.
416416 Forest, Jr., Registered Professional Land Surveyor No. 1847.
417417 BEGINNING at an iron pin which was found in the East line of County
418418 Road 214 at the Southwest corner of the said 20.03 acre property
419419 conveyed to ASC River Oaks Ranch, Ltd. and at a corner in the East
420420 boundary of the 832.52 acre property which was conveyed to ASC River
421421 Oaks Ranch, Ltd. as described in Doc. 2006063875 (ORWCT).
422422 THENCE with the East line of County Road 214, and a boundary of the
423423 said 832.52 acre tract, along the general line of an existing fence,
424424 finding pipe posts as follows; (L61) N 13 deg. 48 min. E 309.86
425425 feet; (L60) N 04 deg. 23 min. 52 sec. W 88.87 feet; (L59) N 15 deg.
426426 39 min. 39 sec. W 82.86 feet; (L58) N 40 deg. 51 min. 46 sec. W
427427 101.23 feet to a capped iron pin set in place of a nail found in a
428428 cattle guard, called nail by post); and N 44 deg. 21 min. 21 sec. W
429429 486.27 feet to a nail found in a 12 inch Liveoak.
430430 THENCE with the East line of County Road 214, N 51 deg. 37 min. 44
431431 sec. W 253.37 feet to a nail found by a post; (L57) N 49 deg. 34 min.
432432 02 sec. W 85.47 feet to a nail found by a post; (L56) N 24 deg. 51
433433 min. 57 sec. W 54.51 feet to a 1/2 inch iron pin found; and (L55) N
434434 04 deg. 51 min. 34 sec. W 111.48 feet to a 1/2, inch iron pin found
435435 in a gravel bar, near the center of the channel of the North San
436436 Gabriel River.
437437 THENCE downstream with the approximate center of the channel of the
438438 River, and the common boundary between the said 20.03 acre tract and
439439 the property conveyed to Bill D. Warren (1010/502) as follows; N 71
440440 deg. 52 min. 46 sec. E 293.16 feet; (L5) N 87 deg. 04 min. E 119.72
441441 feet; (L6) S 78 deg. 06 min. 07 sec. E 65.15 feet; (L7) S 64 deg. 07
442442 min. 30 sec. E 93.18 feet; S 54 deg. 57 min. 49 sec. E 210.41 feet;
443443 (L8) S 41 deg. 36 min. 49 sec. E 130.55 feet; S 44 deg. 31 min. 58
444444 sec. E 229.38 feet; S 42 deg. 57 min. 17 sec. E 229.44 feet; (L9) S
445445 31 deg. 47 min. 19 sec. E 183.70 feet; (LI0) S 35 deg. 42 min. 24
446446 sec. E 155.03 feet; and S 39 deg. 55 min. 32 sec. E 399.37 feet.
447447 THENCE with the South line of the said 20.03 ac. tract conveyed to
448448 ASC River Oaks Ranch, Ltd., and with the lower North line of the
449449 said 832.52 acre tract, (L63) S 80 deg. 18 min. 03 sec. W 176.43 feet
450450 to a 1/2 inch iron pin found; S 80 deg. 18 min. 03 sec. W 271.33 feet
451451 to a 3 inch pipe post; and S 78 deg. 19 min. 30 sec. W 476.51 feet to
452452 the POINT OF BEGINNING.
453453 EXCEPTION TRACT
454454 BEING 1.00 acre (43637 square feet area) in Williamson County,
455455 Texas, Lot 1 of the Longhorn Subdivision, a plat filed in Cabinet G,
456456 Slide 96, Plat Records (Retrieval number called Doc. 8522659
457457 Official Records) of Williamson County, Texas. This tract is the
458458 same property which is described in a deed to Frank Haskell of
459459 record in Doc. 9862950, Official Records of Williamson County,
460460 Texas (ORWCT) and is the same 1 acre Exception tract which is
461461 described in a deed to ASC River Oaks Ranch, Ltd. of record in Doc.
462462 2006063875 (ORWCT). The bearing basis for this survey is the State
463463 Plane Coordinate System Grid North, Texas Central Zone. Lines codes
464464 used in this description are in agreement with the Land Title Survey
465465 plat prepared in February of 2008 and revised in August of 2008.
466466 This tract was surveyed on the ground in February of 2008, by
467467 William F. Forest, Jr., Registered Professional Land Surveyor No.
468468 1847.
469469 BEGINNING at a 1/2 inch iron pin which was found in the North line of
470470 County Road 214 at the Southwest corner of said Lot 1 of the
471471 Longhorn Subdivision and at the Southwest corner of the property
472472 conveyed to Frank Haskell. A 1/2 inch iron pin which was found at a
473473 corner of the 832.52 property conveyed to ASC River Oaks Ranch, Ltd.
474474 as described in Doc. 2006063875 which encircles this tract, (said
475475 corner existing at the intersection of the extension of the East
476476 line of San Gabriel Ranch Road with the South line of County Road
477477 214) stands (L52) S 47 deg. 53 min. 13 sec. W 309.03 feet and (L53) S
478478 04 deg. 17 min. 39 sec. E 80.53 feet.
479479 THENCE (LSI) N 18 deg. 40 min. 53 sec. W 339.11 feet to a 1/2 inch
480480 iron pin found.
481481 THENCE (L48) N 71 deg. 19 min. 07 sec. E 139.43 feet to a 1/2 inch
482482 iron pin found. THENCE (L49) S 18 deg. 40 min. 53 sec. E 285.73 feet
483483 to a 1/2 inch iron pin found. THENCE with the North line of County
484484 Road 214, (L50) S 50 deg. 22 min. 07 sec. W 149.30 feet to the POINT
485485 OF BEGINNING.
486486 TRACT 3
487487 BEING A 77.5254 ACRE TRACT OF LAND OUT OF THE JAMES HACKETT SURVEY
488488 ABSTRACT NO. 312 AND THE WILLIAM H. McCULLOUGH SURVEY, ABSTRACT NO.
489489 465 IN WILLIAMSON COUNTY, TEXAS, WHICH INCLUDES A PORTION IN USE AS
490490 COUNTY ROAD 214 (NO DEDICATING INSTRUMENT FOUND), BEING ALL OF A
491491 7.2865 ACRE TRACT CONVEYED TO LOOKOUT PARTNERS DEVELOPMENT GROUP LP
492492 IN DOCUMENT NO. 2004078913, OFFICIAL PUBLIC RECORDS, WILLIAMSON
493493 COUNTY, TEXAS, AND ALL OF A 70.2436 ACRE TRACT ALSO CONVEYED TO
494494 LOOKOUT PARTNERS DEVELOPMENT GROUP LP IN DOCUMENT NO. 2004087804,
495495 OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS AND BEING MORE
496496 PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
497497 BEGINNING at a 1/2" iron rod found at a fence intersection on the
498498 South R.O.W. line of County Road No. 214, being the Northerly corner
499499 of a 3.18 acre tract conveyed to Williamson County in Vol. 629, Pg.
500500 362, Deed Records, Williamson County, Texas, and the Northwest
501501 corner of an 865.49 acre tract conveyed to Texas Land Fund No.6, LP,
502502 in Document No. 2008064005, Official Public Records, Williamson
503503 County, Texas. Said iron rod also being the Southwest corner of the
504504 said 70.2436 acre tract, the Southwest corner of this tract, and the
505505 POINT OF BEGINNING.
506506 THENCE N 20° 46' 16" W, across County Road 214, 79.51 feet to a 1/2'"
507507 iron rod found at a fence corner being an angle point in the West
508508 line of this tract.
509509 THENCE N 19° 34' 18" W, at 116.44 feet pass the Southeast corner of
510510 Lot 104, Sundance Ranch North Phase Two, as recorded in Cab. R, Sl.
511511 7-11, Plat Records, Williamson County, Texas, continuing with the
512512 East line of Lots 104 and 159 of said Sundance Ranch North Phase
513513 Two, a total distance of 1213.04 feet to a 1/2" iron rod found on the
514514 South line of Lot 158 of said subdivision being the Northeast corner
515515 of said Lot 159, the Northwest corner of the said 70.2436 acre
516516 tract, and the Northwest corner of this tract.
517517 THENCE with the South line of Lots 158, 157, and 156 of said
518518 subdivision, the following two courses and distances:
519519 1) N 70° 12' 54" E, 584.47 feet to a 1/2" iron rod found.
520520 2) N 71 ° 04' 10" E, at 697.99 feet pass a 1/2" iron rod found being
521521 an angle point in the South line of said Lot 156 also being the
522522 Northeast corner of a 20' strip dedicated for additional
523523 right-of-way by said Sundance Ranch North Phase Two plat, in all a
524524 total distance of739.67 feet to a 1/2" iron rod found at a fence
525525 corner on the North R.O.W. line of County Road No. 214.
526526 THENCE S 73° 39' 17" E, crossing County Road 214, 71.80 feet to a
527527 1/2" iron rod found on the fenced South line of County Road 214,
528528 being the Easternmost corner of the said 7.2865 acre tract.
529529 THENCE with the fenced South R.O.W. line of County Road No. 214,
530530 also being the North line of the said 7.2865 acre tract, the
531531 following six (6) courses and distances.
532532 1) N 26° 36' 41" E, 344.09 feet to a 1/2" iron rod found for an angle
533533 point.
534534 2) N 37° 07' 31" E, 601.88 feet to a 1/2" iron rod found for an angle
535535 point.
536536 3) N 48° 23' 19" E, 317.01 feet to a 1/2" iron rod found for an angle
537537 point.
538538 4) N 41 ° 44' 47" E, 579.63 feet to a 1/2" iron rod found for an angle
539539 point.
540540 5) N 36° 39' 30" E, 282.33 feet to a 1/2" iron rod found for an angle
541541 point.
542542 6) N 40° 45' 15" E, 88.37 feet to a 1/2" iron rod found at an angle
543543 point on the North line of the said Texas Land Fund No.6 LP tract,
544544 being the Northeast corner of the said 7.2865 acre tract and the
545545 Northeast corner of this tract.
546546 THENCE with the North and West line of the said Texas Land Fund No.6
547547 LP tract, the following nine (9) courses and distances:
548548 1) S 16° 04' 55" E, 170.29 feet to a 1/2" iron rod found, being the
549549 Southeast corner of the said 7.2865 acre tract.
550550 2) S 34° 02' 01" W, 488.61 feet to a 60d nail found at the base of a
551551 36" live oak, being the Northeast corner of the said 70.2436 acre
552552 tract.
553553 3) S 20° 43' 18" E, 12.64 feet to a 1/2" iron rod found.
554554 4) S 19° 00' 00" E, 1273.16 feet to a 1/2" iron rod found, being the
555555 Southeast corner of the said 70.2436 acre tract.
556556 5) S 42° 57' 24" W, 1013.90 feet to a 1/2" iron rod found.
557557 6) N 76° 14' 43" W, 829.54 feet to a 1/2" iron rod found.
558558 7) S 29° 26' 44" W, 836.72 feet to a 1/2" iron rod found.
559559 8) N 38° 11' 05"W, 264.07 feet to a 60d nail found at the base of a
560560 17' live oak.
561561 9) S 36° 10' 28" W, 630.29 feet to the POINT OF BEGINNING and
562562 containing 77.5254 acres of land more or less.
563563 SECTION 3. (a) The legal notice of the intention to
564564 introduce this Act, setting forth the general substance of this
565565 Act, has been published as provided by law, and the notice and a
566566 copy of this Act have been furnished to all persons, agencies,
567567 officials, or entities to which they are required to be furnished
568568 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
569569 Government Code.
570570 (b) The governor, one of the required recipients, has
571571 submitted the notice and Act to the Texas Commission on
572572 Environmental Quality.
573573 (c) The Texas Commission on Environmental Quality has filed
574574 its recommendations relating to this Act with the governor, the
575575 lieutenant governor, and the speaker of the house of
576576 representatives within the required time.
577577 (d) All requirements of the constitution and laws of this
578578 state and the rules and procedures of the legislature with respect
579579 to the notice, introduction, and passage of this Act are fulfilled
580580 and accomplished.
581581 SECTION 4. This Act takes effect immediately if it receives
582582 a vote of two-thirds of all the members elected to each house, as
583583 provided by Section 39, Article III, Texas Constitution. If this
584584 Act does not receive the vote necessary for immediate effect, this
585585 Act takes effect September 1, 2013.
586586 * * * * *