84R8705 KJE-F
By: Farney H.B. No. 4155
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Vineyard Municipal Management
District No. 1; 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 C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3933 to read as follows:
CHAPTER 3933. VINEYARD MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3933.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "County" means Williamson County, Texas.
(4) "Director" means a board member.
(5) "District" means the Vineyard Municipal
Management District No. 1.
Sec. 3933.002. CREATION AND NATURE OF DISTRICT. The
Vineyard Municipal Management District No. 1 is a special district
created under Sections 52 and 52-a, Article III, and Section 59,
Article XVI, Texas Constitution.
Sec. 3933.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The initial 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. 3933.004. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district, the legislature has established
a program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare and for other similar purposes in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the county from providing the level of
services provided to the area in the district as of the effective
date of the Act enacting this chapter. The district is created to
supplement and not to supplant the county services provided in the
district.
Sec. 3933.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community, residential, tourism,
recreational, business, and commerce center; and
(3) promote the health, safety, welfare, education,
convenience, and enjoyment of the public by:
(A) improving, landscaping, and developing
certain areas in or adjacent to the district; and
(B) providing public services and facilities in
or adjacent to the district that are necessary for the restoration,
preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3933.006. 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 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 contract;
(3) authority to borrow money or issue bonds or other
obligations or to pay the principal and interest of the bonds or
other obligations;
(4) right to impose or collect an assessment, fee, or
tax or collect other revenue; or
(5) legality or operation.
Sec. 3933.007. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
(b) If the county or a municipality in the county creates a
tax increment reinvestment zone described by Subsection (a), the
county or municipality and the board of directors of the zone, by
contract with the district, may grant money deposited in the tax
increment fund to the district to be used by the district for:
(1) the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code; and
(2) any other district purpose, including the right to
pledge the money as security for any bonds or other obligations
issued by the district.
(c) If the county or a municipality in the county creates a
tax increment reinvestment zone described by Subsection (a), the
county or municipality may determine the percentage of the property
in the zone that may be used for residential purposes and is not
subject to the limitations provided by Section 311.006, Tax Code.
Sec. 3933.008. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICT LAW. Except as provided by this chapter, Chapter 375,
Local Government Code, applies to the district.
Sec. 3933.009. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3933.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 3933.052, directors serve
staggered four-year terms.
Sec. 3933.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Cynthia Mitchell;
(2) Lindsey Tootle;
(3) Kathy Parker;
(4) Spencer Bryson; and
(5) Stephen Wohr.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 3933.003; 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 3933.003 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 3933.003; 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. 3933.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3933.102. IMPROVEMENT PROJECTS. The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the improvement projects described by
Subchapter C-1 or activities in support of or incidental to those
projects.
Sec. 3933.103. WATER DISTRICT POWERS. The district has the
powers provided by the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code.
Sec. 3933.104. ROAD DISTRICT POWERS. The district has the
powers provided by the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapters 257 and 441, Transportation
Code.
Sec. 3933.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 372, Local Government
Code, to a municipality or county.
Sec. 3933.106. COUNTY DEVELOPMENT DISTRICT POWERS. The
district has the powers of a county development district provided
by Chapter 383, Local Government Code.
Sec. 3933.107. CONTRACT POWERS. The district may contract
with a governmental or private entity, on terms determined by the
board, to carry out a power or duty authorized by this chapter or to
accomplish a purpose for which the district is created.
Sec. 3933.108. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs,
make loans and grants for economic development purposes to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, safety, and the public welfare and for other similar
purposes, and exercise the economic development powers that:
(1) Chapter 380, Local Government Code, provides to a
municipality; and
(2) Subchapter A, Chapter 1509, Government Code,
provides to a municipality.
Sec. 3933.109. ADDING OR REMOVING TERRITORY. As provided
by Subchapter J, Chapter 49, Water Code, the board may add territory
to the district or remove territory from the district.
Sec. 3933.110. NO TOLL ROADS. The district may not
construct, acquire, maintain, or operate a toll road.
Sec. 3933.111. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES
Sec. 3933.151. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service, including tourism and visitor facilities, using any money
available to the district, or contract with a governmental or
private entity and reimburse that entity for the provision, design,
construction, acquisition, improvement, relocation, operation,
maintenance, or financing of an improvement project, service, or
cost, for the provision of credit enhancement, or for any cost of
operating or maintaining the district or the issuance of district
obligations authorized under this chapter, Chapter 372, 375, or
383, Local Government Code, or Chapter 49 or 54, Water Code.
Sec. 3933.152. BOARD DETERMINATION REQUIRED. The district
may not undertake an improvement project unless the board
determines the project is necessary to accomplish a public purpose
of the district.
Sec. 3933.153. LOCATION OF IMPROVEMENT PROJECT. An
improvement project may be located or provide service inside or
outside the district.
Sec. 3933.154. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
AREAS. The district may undertake an improvement project or
service that confers a special benefit on one or more definable
areas in the district that share a common characteristic or use and
levy and collect a special assessment on benefited property in the
district in accordance with:
(1) Chapter 372, Local Government Code; or
(2) Chapter 375, Local Government Code.
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3933.201. DIVISION OF DISTRICT; PREREQUISITE. The
district, including territory added to the district under Section
3933.109, may be divided into two or more new districts only if the
district has no outstanding bonded debt. Territory previously
added under Section 3933.109 may be included in a new district.
Sec. 3933.202. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 3933.203. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by an owner of real
property in the district, may adopt an order proposing to divide the
district.
(b) If the board decides to divide the district, the board
shall:
(1) set the terms of the division, including names for
the new districts and a plan for the payment or performance of any
outstanding district obligations;
(2) prepare a metes and bounds description for each
proposed district; and
(3) appoint initial directors for each new district.
Sec. 3933.204. CONTRACT AUTHORITY OF NEW DISTRICTS. The
new districts may contract with each other for any matter the boards
of the new districts consider appropriate, including the joint
construction or financing of a utility improvement, the joint
financing of a maintenance obligation, and water and wastewater
services.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3933.251. MONEY USED FOR IMPROVEMENTS, SERVICES, OR
OTHER EXPENSES. (a) The district may undertake and provide an
improvement project or service authorized by this chapter using any
money available to the district.
(b) The district may provide or secure the payment or
repayment of any cost or expense related to the establishment,
administration, and operation of the district and the district's
costs or share of the costs of a district contractual obligation or
debt through:
(1) a lease, installment purchase contract, or other
agreement with any person; or
(2) the imposition of taxes, user fees, concessions,
rentals, or other revenue or resources of the district.
Sec. 3933.252. BORROWING MONEY; OBLIGATIONS. (a) The
district may borrow money for a district purpose, including the
acquisition or construction of improvement projects authorized by
this chapter and the reimbursement of a person who develops or owns
an improvement project authorized by this chapter, without holding
an election by issuing bonds, notes, time warrants, credit
agreements, or other obligations, or by entering into a contract or
other agreement payable wholly or partly from an assessment, a
contract payment, a grant, revenue from a zone created under
Chapter 311 or 312, Tax Code, sales and use taxes, hotel occupancy
taxes, other district revenue, or a combination of these sources.
(b) An obligation described by Subsection (a):
(1) may bear interest at a rate determined by the
board; and
(2) may include a term or condition as determined by
the board.
Sec. 3933.253. ASSESSMENTS. (a) Except as provided by
Subsection (b), the district may impose an assessment on property
in the district, regardless of whether the property is contiguous,
to pay for an obligation described by Section 3933.252 or for an
improvement project authorized under Section 3933.151 in the manner
provided for:
(1) a district under Subchapter A, E, or F, Chapter
375, Local Government Code; or
(2) a municipality or county under Subchapter A,
Chapter 372, Local Government Code.
(b) The district may:
(1) adopt procedures for the collection of assessments
under this chapter that are consistent with the procedures for the
collection of a hotel occupancy tax under Chapter 351, Tax Code; and
(2) pursue remedies for the failure to pay an
assessment under this chapter that are available for failure to pay
a hotel occupancy tax under Chapter 351, Tax Code.
(c) The district may not impose an assessment on a
municipality, county, or other political subdivision.
Sec. 3933.254. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
Sec. 3933.255. IMPACT FEES; EXEMPTION. (a) The district
may impose an impact fee on property in the district, including an
impact fee on residential property, according to the benefit
received by the property.
(b) An impact fee for residential property must be for the
limited purpose of providing capital funding for:
(1) public water and wastewater facilities;
(2) drainage and storm water facilities; and
(3) streets and alleys.
(c) The district may not impose an impact fee on the
property, including equipment and facilities, of a public utility
provider or a cable operator as defined by 47 U.S.C. Section 522.
Sec. 3933.256. RATES, FEES, AND CHARGES. The district may
establish, revise, repeal, enforce, and collect rates, fees, and
charges for the enjoyment, sale, rental, or other use of:
(1) an improvement project;
(2) a product resulting from an improvement project;
or
(3) another district facility, service, or property.
Sec. 3933.257. PUBLIC SERVICE USER CHARGES. The district
may establish user charges related to various public services,
including:
(1) the collection and treatment of wastewater;
(2) the operation of storm water facilities, including
the regulation of storm water for the protection of water quality in
the district; or
(3) the provision of septic tank maintenance services
inside and outside the district.
Sec. 3933.258. COSTS FOR IMPROVEMENT PROJECTS. The
district may undertake separately or jointly with other persons all
or part of the cost of an improvement project, including an
improvement project:
(1) for improving, enhancing, and supporting public
safety and security, fire protection and emergency medical
services, and law enforcement in or adjacent to the district;
(2) for improving, enhancing, providing, or
supporting tourism, recreation, housing, the arts, entertainment,
or economic development; or
(3) that confers a general benefit on the entire
district or a special benefit on a definable part of the district.
SUBCHAPTER F. TAXES AND BONDS
Sec. 3933.301. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by assessments, contract payments, sales and
use taxes, hotel occupancy taxes, or any other revenue from any
source 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. 3933.302. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held under Section 3933.301, 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) Notwithstanding Subsection (a), Section 49.107(f),
Water Code, does not apply to the district.
Sec. 3933.303. 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.
Sec. 3933.304. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax, without limit as to rate or amount, for each year
that all or part of the bonds are outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
Sec. 3933.305. TAX ABATEMENT. The district may enter into a
tax abatement agreement in accordance with the general laws of this
state authorizing and applicable to a tax abatement agreement by a
municipality.
Sec. 3933.306. CERTAIN OBLIGATIONS NOT SUBJECT TO APPROVAL
OF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. Section 375.208,
Local Government Code, and Section 49.181, Water Code, do not apply
to the district.
SUBCHAPTER G. SALES AND USE TAX
Sec. 3933.351. MEANINGS OF WORDS AND PHRASES. A word or
phrase used in this subchapter that is defined by Chapters 151 and
321, Tax Code, has the meanings assigned by Chapters 151 and 321,
Tax Code.
Sec. 3933.352. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) The provisions of Subchapters C, D, E, and F,
Chapter 323, Tax Code, relating to county sales and use taxes apply
to the application, collection, and administration of a sales and
use tax imposed under this subchapter to the extent consistent with
this chapter, as if references in Chapter 323, Tax Code, to a county
referred to the district and references to a commissioners court
referred to the board.
(b) Sections 323.401-323.404 and 323.505, Tax Code, do not
apply to a tax imposed under this subchapter.
Sec. 3933.353. AUTHORIZATION; ELECTION. (a) The district
may adopt, reduce, or repeal the sales and use tax authorized by
this subchapter at an election in which a majority of the voters of
the district voting in the election approve the adoption,
reduction, or repeal of the tax, as applicable.
(b) The board by order may call an election to adopt,
reduce, or repeal a sales and use tax. The election shall be held on
the first authorized uniform election date that occurs after the
time required by Section 3.005, Election Code.
(c) The district shall provide notice of the election and
shall hold the election in the manner prescribed by Chapter 54,
Water Code, for bond elections for municipal utility districts.
(d) The ballots shall be printed to provide for voting for
or against the following appropriate proposition:
(1) "Adoption of a ___ percent district sales and use
tax in the district";
(2) "Reduction of the district sales and use tax in the
district from ___ percent to ___ percent"; or
(3) "Repeal of the district sales and use tax in the
district."
Sec. 3933.354. EFFECTIVE DATE OF TAX. A tax imposed under
this subchapter or the repeal or reduction of a tax under this
subchapter takes effect on the first day of the first calendar
quarter that occurs after the date the comptroller receives the
copy of the resolution as required by Section 323.405(b), Tax Code.
Sec. 3933.355. SALES AND USE TAX RATE. (a) On adoption of
the tax authorized by this subchapter, there is imposed a tax of two
percent, or the maximum rate at which the combined tax rate of all
local sales and use taxes in any location in the district does not
exceed two percent, on the receipts from the sale at retail of
taxable items in the district, and an excise tax on the use,
storage, or other consumption in the district of taxable items
purchased, leased, or rented from a retailer in the district during
the period that the tax is in effect.
(b) The rate of the excise tax is the same as the rate of the
sales tax portion of the tax and is applied to the sales price of the
taxable item.
Sec. 3933.356. EXAMINATION AND RECEIPT OF
INFORMATION. The district may examine and receive information
related to the imposition of a sales and use tax to the same extent
as if the district were a municipality.
Sec. 3933.357. ALTERNATIVE METHOD OF IMPOSITION.
Notwithstanding any other provision of this subchapter, the
district may impose the sales and use tax as provided by Subchapter
F, Chapter 383, Local Government Code, instead of as provided by the
other provisions of this subchapter.
SUBCHAPTER H. HOTEL OCCUPANCY TAX
Sec. 3933.401. DEFINITION. In this subchapter, "hotel" has
the meaning assigned by Section 156.001, Tax Code.
Sec. 3933.402. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) In this subchapter:
(1) a reference in Chapter 352, Tax Code, to a county
is a reference to the district; and
(2) a reference in Chapter 352, Tax Code, to the
commissioners court is a reference to the board.
(b) Except as inconsistent with this subchapter, Subchapter
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
by this subchapter, including the collection of the tax, subject to
the limitations prescribed by Sections 352.002(b) and (c), Tax
Code.
Sec. 3933.403. TAX AUTHORIZED; TAX RATE. (a) The district
may impose a hotel occupancy tax for the purposes described by
Section 3933.405.
(b) The amount of the tax may not exceed seven percent of the
price paid for a room in a hotel.
Sec. 3933.404. INFORMATION. The district may examine and
receive information related to the imposition of hotel occupancy
taxes to the same extent as if the district were a municipality.
Sec. 3933.405. USE OF HOTEL OCCUPANCY TAX. (a) The
district may use the proceeds from a hotel occupancy tax imposed
under this subchapter for any of the district's purposes and for the
purposes described by Section 352.1015, Tax Code, to the extent the
board considers appropriate.
(b) During each interval of three calendar years following
the date on which a hotel occupancy tax imposed under this
subchapter is initially collected, the board may not apply an
annual average of more than 10 percent of the amount of tax
collected under that section, excluding any interest earnings or
investment profits and after a deduction for the costs of imposing
and collecting the taxes, for the administrative expenses of the
district or a district purpose other than:
(1) the costs of advertising and promoting tourism; or
(2) the costs of business development and commerce,
including the costs of planning, designing, constructing,
acquiring, leasing, financing, owning, operating, maintaining,
managing, improving, repairing, rehabilitating, or reconstructing
improvement projects for:
(A) conferences, conventions, meeting space, and
exhibitions;
(B) manufacturer, consumer, or trade shows;
(C) hotels, lodging, and hospitality;
(D) arts and entertainment;
(E) parks and recreation;
(F) economic development; and
(G) civic, community, or institutional events.
SUBCHAPTER I. DISSOLUTION OF DISTRICT
Sec. 3933.451. DISSOLUTION. (a) Except as provided by
Subsection (b), the board:
(1) may dissolve the district; and
(2) shall dissolve the district on receipt of a
written petition requesting dissolution signed by the owners of 75
percent of the acreage of real property in the district.
(b) The board may not dissolve the district until the
district's outstanding indebtedness or contractual obligations
have been repaid or discharged.
(c) After the board dissolves the district, the board shall
transfer ownership of all district property and assets to the
county.
SECTION 2. The Vineyard Municipal Management District No. 1
initially includes all the territory contained in the following
area:
FIELD NOTE DESCRIPTION OF A
467.379 ACRE TRACT OF LAND OUT OF THE DAVID B. BERRY SURVEY,
ABSTRACT NO. 104, JOSEPH TOM SURVEY, ABSTRACT NO. 615, JAMES H. TOM
SURVEY, ABSTRACT NO. 616 AND THE FRANCIS NASH SURVEY, ABSTRACT NO.
476, SITUATED IN WILLIAMSON COUNTY, TEXAS
BEING A 467.379 ACRE (20,359,019 SQUARE FOOT) TRACT OF LAND OUT OF
THE DAVID B. BERRY SURVEY, ABSTRACT NO. 104, JOSEPH TOM SURVEY,
ABSTRACT NO. 615, JAMES H. TOM SURVEY, ABSTRACT NO. 616 AND THE
FRANCIS NASH SURVEY, ABSTRACT NO. 476, SITUATED IN WILLIAMSON
COUNTY, TEXAS; SAID 467.379 ACRE TRACT BEING COMPRISED OF ALL OF
THAT CERTAIN CALLED 438.80 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL
WARRANTY DEED TO AVATAR INVESTMENTS, FILED MAY 2, 2006, AND
RECORDED IN DOCUMENT NO. 2006034691, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), ALL OF THAT CERTAIN CALLED
18.4938 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH
VENDOR'S LIEN TO GARY D. NEWMAN, ALSO KNOWN AS GARY NEWMAN, AND MARY
L. NEWMAN, ALSO KNOWN AS MARY NEWMAN, FILED OCTOBER 12, 2001, AND
RECORDED IN DOCUMENT NO. 2001075675, O.P.R.W.C.T., AND ALL OF THAT
CERTAIN CALLED 10.0000 ACRE TRACT OF LAND DESCRIBED IN A DEED TO
WILLIAM EDWARD LEGALLEY AND TERESA S. LEGALLEY, FILED SEPTEMBER 1,
2000, AND RECORDED IN DOCUMENT NO. 2001018938, O.P.R.W.C.T.; SAID
467.379 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"CTS 4029" FOUND FOR THE NORTHERNMOST CORNER OF THE HEREIN
DESCRIBED TRACT AND BEING ON THE SOUTHWEST RIGHT-OF-WAY (R.O.W.)
LINE OF F.M. HIGHWAY 487 (A VARIABLE WIDTH R.O.W.), SAID POINT
MARKING THE NORTHERNMOST CORNER OF SAID 438.80 ACRE TRACT, SAME
BEING THE EASTERNMOST CORNER OF THAT CERTAIN CALLED 28.24 ACRE
TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO
JIMMIE MACK HORTON AND WIFE, NANCY LOUISE HORTON, FILED JULY 10,
2002, AND RECORDED IN DOCUMENT NO. 2002052147, O.P.R.W.C.T;
THENCE, SOUTH 68 DEGREES 55 MINUTES 28 SECONDS EAST, WITH THE COMMON
SOUTHWESTERLY R.O.W. LINE OF SAID F.M. HIGHWAY 487 AND THE
NORTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, A DISTANCE OF
1,198.69 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN
DESCRIBED TRACT, SAID POINT ALSO MARKING A CORNER OF THE REMAINDER
OF THAT CERTAIN CALLED 161.526 ACRE TRACT OF LAND (TRACT I)
DESCRIBED IN A OWELTY DEED TO JOE M. MAINES, FILED SEPTEMBER 23,
1994, AND RECORDED IN VOLUME 2610, PAGE 0670, OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.R. W.C.T.);
THENCE, SOUTH 24 DEGREES 57 MINUTES 18 SECONDS WEST, DEPARTING THE
SOUTHWESTERLY R.O.W. LINE OF SAID F.M. HIGHWAY 487, WITH THE COMMON
LINE OF SAID 438.80 ACRE TRACT AND SAID 161.526 ACRE REMAINDER
TRACT, A DISTANCE OF 311.91 FEET TO A 1/2-INCH IRON ROD FOUND FOR
CORNER OF THE HEREIN DESCRIBED TRACT AND SAID 161.526 ACRE
REMAINDER TRACT;
THENCE, SOUTH 83 DEGREES 14 MINUTES 22 SECONDS WEST, WITH A
SOUTHERLY LINE OF SAID 438.80 ACRE TRACT, AND PARTWAY WITH A
NORTHERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT AND PARTWAY
WITH THE NORTHERLY LINE OF THAT CERTAIN CALLED 4.18 ACRE TRACT OF
LAND DESCRIBED IN A WARRANTY DEED TO JOE M. MAINES AND WIFE, PATSY
L. MAINES, FILED MARCH 10, 2000, AND RECORDED IN DOCUMENT NO.
2000014838, O.P.R.W.C.T., AT A DISTANCE OF 120.05 FEET PASSING A
1/2-INCH IRON ROD IN A FENCE LINE FOUND AND AS CALLED FOR IN THE DEED
FOR SAID 4.18 ACRE TRACT, AND AT A DISTANCE OF 703.40 FEET PASSING A
1/2-INCH IRON ROD IN A FENCE LINE FOUND AND AS CALLED FOR IN THE DEED
FOR SAID 4.18 ACRE TRACT, CONTINUING IN ALL A TOTAL DISTANCE OF
1,303.99 FEET TO A 1/2-INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF
THE HEREIN DESCRIBED TRACT, SAME MARKING THE WESTERNMOST CORNER OF
SAID 4.18 ACRE TRACT;
THENCE, SOUTH 22 DEGREES 02 MINUTES 56 SECONDS EAST, WITH A
NORTHEASTERLY LINE OF SAID 438.80 ACRE TRACT AND THE SOUTHWESTERLY
LINE OF SAID 4.18 ACRE TRACT, A DISTANCE OF 39.82 FEET TO A 1/2-INCH
IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED TRACT, SAID POINT
MARKING THE SOUTHWEST CORNER OF SAID 4.18 ACRE TRACT, SAME BEING THE
WESTERNMOST CORNER OF SAID 161.526 ACRE REMAINDER TRACT;
THENCE, WITH A NORTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, SAME
BEING THE SOUTHWESTERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT,
AND WITH THE MAIN ANGLE POINTS OF AN EXISTING FENCE, THE FOLLOWING
EIGHT (8) CALLS:
SOUTH 20 DEGREES 15 MINUTES 18 SECONDS EAST, A DISTANCE OF 63.07
FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF
THE HEREIN DESCRIBED TRACT;
SOUTH 21 DEGREES 55 MINUTES 44 SECONDS EAST, A DISTANCE OF 484.71
FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF
THE HEREIN DESCRIBED TRACT;
SOUTH 21 DEGREES 44 MINUTES 54 SECONDS EAST, A DISTANCE OF 746.20
FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF
THE HEREIN DESCRIBED TRACT;
SOUTH 19 DEGREES 38 MINUTES 24 SECONDS EAST, A DISTANCE OF 179.20
FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF
THE HEREIN DESCRIBED TRACT;
SOUTH 20 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE OF 62.31
FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF
THE HEREIN DESCRIBED TRACT;
SOUTH 22 DEGREES 58 MINUTES 45 SECONDS EAST, A DISTANCE OF 250.25
FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF
THE HEREIN DESCRIBED TRACT;
SOUTH 20 DEGREES 28 MINUTES 21 SECONDS EAST, A DISTANCE OF 743.23
FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR CORNER OF
THE HEREIN DESCRIBED TRACT;
SOUTH 23 DEGREES 27 MINUTES 58 SECONDS EAST, A DISTANCE OF 876.50
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT AND SAID 438.80 ACRE TRACT, SAID POINT MARKING THE
SOUTHERNMOST CORNER OF SAID 161.526 ACRE REMAINDER TRACT, SAID
POINT ALSO BEING ON THE NORTHWESTERLY LINE OF THAT CERTAIN CALLED
10.009 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO LANA D.
BRANUM, FILED AUGUST 23, 2004, AND RECORDED IN DOCUMENT NO.
2004066566, O.P.R.W.C.T.;
THENCE, SOUTH 68 DEGREES 49 MINUTES 55 SECONDS WEST, WITH A
SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, SAME BEING THE
NORTHWESTERLY LINE OF SAID 10.009 ACRE TRACT, A DISTANCE OF 59.71
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID 10.009
ACRE TRACT, SAME BEING THE NORTHERNMOST CORNER OF SAID 18.4938 ACRE
TRACT;
THENCE, DEPARTING THE SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT,
AND WITH THE COMMON LINE OF SAID 10.009 ACRE TRACT AND SAID 18.4938
ACRE TRACT, THE FOLLOWING FIVE (5) CALLS:
SOUTH 24 DEGREES 07 MINUTES 49 SECONDS EAST, A DISTANCE OF 692.05
FEET TO A 1/2-INCH IRON ROD WITH ORANGE PLASTIC CAP STAMPED "WALLACE
GROUP" (HEREAFTER REFERRED TO AS "WALLACE CAP") SET FOR AN INTERIOR
CORNER OF THE HEREIN DESCRIBED TRACT;
NORTH 65 DEGREES 52 MINUTES 11 SECONDS EAST, A DISTANCE OF 371.53
FEET TO A 1/2-INCH IRON ROD WITH "WALLACE CAP" SET FOR CORNER OF THE
HEREIN DESCRIBED TRACT;
SOUTH 21 DEGREES 04 MINUTES 39 SECONDS EAST, A DISTANCE OF 923.01
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT;
SOUTH 21 DEGREES 03 MINUTES 10 SECONDS EAST, A DISTANCE OF 828.76
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT;
SOUTH 21 DEGREES 01 MINUTES 32 SECONDS EAST, A DISTANCE OF 1,017.15
FEET TO A 5/8-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT, SAID POINT MARKING THE EASTERNMOST CORNER OF SAID 18.4938
ACRE TRACT, SAME BEING THE SOUTHERNMOST CORNER OF SAID 10.009 ACRE
TRACT, SAID POINT ALSO BEING ON THE NORTHWESTERLY R.O.W. LINE OF
COUNTY ROAD 233 (A VARIABLE WIDTH R.O.W.);
THENCE, SOUTH 61 DEGREES 26 MINUTES 22 SECONDS WEST, WITH THE COMMON
LINE OF SAID COUNTY ROAD 233 AND SAID 18.4938 ACRE TRACT, A DISTANCE
OF 50.32 FEET TO A 1/2-INCH IRON ROD WITH "WALLACE CAP" SET FOR THE
SOUTHERNMOST CORNER OF THE HEREIN DESCRIBED TRACT AND SAID 18.4938
ACRE TRACT, SAME BEING THE EASTERNMOST CORNER OF THAT CERTAIN
CALLED 10.0000 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH
VENDOR'S LIEN TO RANDY A. GAITAN AND KATHY L. GAITAN, FILED AUGUST
24, 2001, AND RECORDED IN DOCUMENT NO. 2001062815, O.P.R.W.C.T.;
THENCE, DEPARTING THE NORTHWESTERLY R.O.W. LINE OF SAID COUNTY ROAD
233, AND WITH THE COMMON LINE OF SAID GAITAN 10.0000 ACRE TRACT AND
SAID 18.4938 ACRE TRACT, THE FOLLOWING FOUR (4) CALLS:
NORTH 21 DEGREES 01 MINUTES 32 SECONDS WEST, A DISTANCE OF 1,023.71
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT;
NORTH 21 DEGREES 03 MINUTES 24 SECONDS WEST, A DISTANCE OF 828.76
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT;
NORTH 21 DEGREES 09 MINUTES 16 SECONDS WEST, A DISTANCE OF 220.11
FEET TO A COTTON SPINDLE FOUND FOR AN INTERIOR CORNER OF THE HEREIN
DESCRIBED TRACT;
SOUTH 65 DEGREES 52 MINUTES 28 SECONDS WEST, A DISTANCE OF 289.39
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID GAITAN
10.0000 ACRE TRACT, SAID POINT ALSO BEING ON THE NORTHEASTERLY LINE
OF THAT CERTAIN CALLED 33.0000 ACRE TRACT OF LAND DESCRIBED IN A
WARRANTY DEED WITH VENDOR'S LIEN TO GLYNN WALKER AND WIFE, PAULA
WALKER, FILED MARCH 20, 2000, AND RECORDED IN DOCUMENT NO.
2000016881, O.P.R.W.C.T.;
THENCE, WITH THE COMMON LINE OF SAID 33.0000 ACRE TRACT AND SAID
18.4938 ACRE TRACT, THE FOLLOWING TWO (2) CALLS:
NORTH 23 DEGREES 30 MINUTES 00 SECONDS WEST, A DISTANCE OF 509.41
FEET TO A COTTON SPINDLE FOUND FOR AN INTERIOR CORNER OF THE HEREIN
DESCRIBED TRACT;
SOUTH 69 DEGREES 01 MINUTES 16 SECONDS WEST, A DISTANCE OF 519.98
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID 33.0000
ACRE TRACT, SAID POINT ALSO BEING ON THE NORTHEASTERLY LINE OF THAT
CERTAIN CALLED 44.9655 ACRE TRACT OF LAND DESCRIBED IN A CASH
WARRANTY DEED TO THE JERRY AND KAREN MILLER LIVING TRUST, FILED
APRIL 6, 2005, AND RECORDED IN DOCUMENT NO. 2005025132,
O.P.R.W.C.T;
THENCE, NORTH 23 DEGREES 31 MINUTES 47 SECONDS WEST, WITH THE COMMON
LINE OF SAID 44.9655 ACRE TRACT AND SAID 18.4938 ACRE TRACT, A
DISTANCE OF 882.29 FEET TO A 1/2-INCH IRON ROD FOUND FOR AN INTERIOR
CORNER OF THE HEREIN DESCRIBED TRACT, SAID POINT MARKING THE
NORTHERNMOST CORNER OF SAID 44.9655 ACRE TRACT, SAME BEING THE
WESTERNMOST CORNER OF SAID 18.4938 ACRE TRACT, SAID POINT ALSO
BEING ON A SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT;
THENCE, WITH THE COMMON LINE OF SAID 44.9655 ACRE TRACT AND SAID
438.80 ACRE TRACT, THE FOLLOWING TWO (2) CALLS:
SOUTH 69 DEGREES 08 MINUTES 35 SECONDS WEST, A DISTANCE OF 246.52
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT;
SOUTH 69 DEGREES 04 MINUTES 36 SECONDS WEST, A DISTANCE OF 875.39
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID 44.9655
ACRE TRACT, SAME BEING THE NORTHERNMOST CORNER OF THAT CERTAIN
CALLED 18.9154 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH
VENDOR'S LIEN TO MICHAEL D. WILLIAMS AND WIFE, SHAWN M. WILLIAMS,
FILED AUGUST 1, 2000, AND RECORDED IN DOCUMENT NO. 2000049993,
O.P.R.W.C.T.;
THENCE, SOUTH 71 DEGREES 16 MINUTES 39 SECONDS WEST, WITH THE COMMON
LINE OF SAID 18.9154 ACRE TRACT AND SAID 438.80 ACRE TRACT, A
DISTANCE OF 39.88 FEET TO A 8-INCH CEDAR POST FOUND FOR CORNER OF
THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 68 DEGREES 06 MINUTES 40 SECONDS WEST, CONTINUING
WITH A SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, AND PARTWAY
WITH THE NORTHWESTERLY LINE OF SAID 18.9154 ACRE TRACT AND PARTWAY
WITH THE NORTHWESTERLY LINE OF THAT CERTAIN CALLED 18.7129 ACRE
TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO
MICHAEL D. WILLIAMS AND SHAWN M. WILLIAMS, FILED OCTOBER 4, 2000,
AND RECORDED IN DOCUMENT NO. 2000066760, O.P.R.W.C.T., A DISTANCE
OF 1,399.76 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE
HEREIN DESCRIBED TRACT;
THENCE, SOUTH 68 DEGREES 43 MINUTES 29 SECONDS WEST, CONTINUING
WITH A SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, SAME BEING THE
NORTHWESTERLY LINE OF SAID 18.7129 ACRE TRACT, A DISTANCE OF 132.54
FEET TO A 1/2-INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF THE
HEREIN DESCRIBED TRACT, SAID POINT MARKING THE MOST WESTERLY
NORTHWEST CORNER OF SAID 18.7129 ACRE TRACT, SAME BEING THE
NORTHERNMOST CORNER OF SAID LEGALLEY 10.0000 ACRE TRACT;
THENCE, DEPARTING A SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT,
AND WITH THE COMMON LINE OF SAID 18.7129 ACRE TRACT AND SAID
LEGALLEY 10.0000 ACRE TRACT, THE FOLLOWING THREE (3) CALLS:
SOUTH 19 DEGREES 29 MINUTES 13 SECONDS EAST, A DISTANCE OF 1,063.40
FEET TO A P.K. NAIL IN ROCK FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT;
SOUTH 50 DEGREES 00 MINUTES 37 SECONDS WEST, A DISTANCE OF 472.13
FEET TO A COTTON SPINDLE FOUND FOR AN INTERIOR CORNER OF THE HEREIN
DESCRIBED TRACT;
SOUTH 26 DEGREES 18 MINUTES 54 SECONDS EAST, A DISTANCE OF 452.27
FEET TO A 1/2-INCH IRON ROD WITH "WALLACE CAP" SET FOR CORNER OF THE
HEREIN DESCRIBED TRACT, SAID POINT MARKING THE MOST SOUTHERLY
SOUTHWEST CORNER OF SAID 18.7129 ACRE TRACT, SAME BEING THE MOST
SOUTHERLY SOUTHEAST CORNER OF SAID LEGALLEY 10.0000 ACRE TRACT,
SAID POINT ALSO BEING ON THE NORTHWESTERLY R.O.W. LINE OF SAID
COUNTY ROAD 233;
THENCE, SOUTH 63 DEGREES 37 MINUTES 50 SECONDS WEST, WITH THE COMMON
LINE OF SAID COUNTY ROAD 233 AND SAID LEGALLEY 10.0000 ACRE TRACT, A
DISTANCE OF 50.04 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF
THE HEREIN DESCRIBED TRACT, SAID POINT MARKING THE SOUTHERNMOST
CORNER OF SAID LEGALLEY 10.0000 ACRE LEGALLEY TRACT, SAME BEING THE
MOST EASTERLY SOUTHEAST CORNER OF THAT CERTAIN CALLED 25.9920 ACRE
TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO
DARREL W. WARREN AND WIFE, CARA WARREN, FILED MARCH 12, 2004, AND
RECORDED IN DOCUMENT NO. 2004019080, O.P.R.W.C.T.;
THENCE, DEPARTING THE NORTHWESTERLY R.O.W. LINE OF SAID COUNTY ROAD
233, AND WITH THE COMMON LINE OF SAID LEGALLEY 10.0000 ACRE TRACT
AND SAID 25.9920 ACRE TRACT, THE FOLLOWING TWO (2) CALLS:
NORTH 26 DEGREES 18 MINUTES 54 SECONDS WEST, A DISTANCE OF 454.19
FEET TO A 1/2-INCH IRON ROD WITH RED PLASTIC CAP STAMPED "B. HARMON
4482" FOUND FOR CORNER OF THE HEREIN DESCRIBED TRACT;
NORTH 07 DEGREES 56 MINUTES 53 SECONDS WEST, A DISTANCE OF 1,250.12
FEET TO A 1/2-INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF THE
HEREIN DESCRIBED TRACT, SAID POINT MARKING THE NORTHWEST CORNER OF
SAID LEGALLEY 10.0000 ACRE TRACT, SAME BEING THE NORTHERNMOST
CORNER OF SAID 25.9220 ACRE TRACT, SAID POINT ALSO BEING ON A
SOUTHEASTERLY LINE OF SAID 438.80 ACRE TRACT;
THENCE, WITH THE COMMON LINE OF SAID 25.9920 ACRE TRACT AND SAID
438.80 ACRE TRACT, THE FOLLOWING TWO (2) CALLS:
SOUTH 68 DEGREES 46 MINUTES 29 SECONDS WEST, A DISTANCE OF 1,339.70
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT;
SOUTH 68 DEGREES 13 MINUTES 14 SECONDS WEST, A DISTANCE OF 11.86
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID 25.9920
ACRE TRACT, SAME BEING THE NORTHERNMOST CORNER OF THAT CERTAIN
CALLED 25.42 ACRE TRACT OF LAND DESCRIBED IN A CONTRACT OF SALE AND
PURCHASE TO JOSEPH JAY CIPRIANO, JR., FILED JANUARY 6, 1977, AND
RECORDED IN VOLUME 656, PAGE 691, DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS (D.R.W.C.T.);
THENCE, WITH THE COMMON LINE OF SAID 25.42 ACRE TRACT AND SAID
438.80 ACRE TRACT, THE FOLLOWING THREE (3) CALLS:
SOUTH 70 DEGREES 38 MINUTES 25 SECONDS WEST, A DISTANCE OF 319.39
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT;
SOUTH 68 DEGREES 08 MINUTES 59 SECONDS WEST, A DISTANCE OF 205.49
FEET TO A 60D NAIL IN BASE OF 16" CEDAR FOUND FOR CORNER OF THE
HEREIN DESCRIBED TRACT;
SOUTH 71 DEGREES 14 MINUTES 29 SECONDS WEST, A DISTANCE OF 582.69
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID 25.42 ACRE
TRACT, SAME BEING THE NORTHERNMOST CORNER OF THAT CERTAIN CALLED
20.0 ACRE TRACT OF LAND DESCRIBED IN AN ASSIGNMENT OF CONTRACT OF
VETERAN'S LAND BOARD CONTRACT OF SALE AND PURCHASE TO THEOFIL LOUIS
ZUROVETZ AND WIFE ROSE MARIE, FILED JANUARY 13, 1981, AND RECORDED
IN VOLUME 822, PAGE 456, D.R.W.C.T.;
THENCE, WITH THE COMMON LINE OF SAID 20.0 ACRE TRACT AND SAID 438.80
ACRE TRACT, THE FOLLOWING TWO (2) CALLS:
SOUTH 69 DEGREES 22 MINUTES 30 SECONDS WEST, A DISTANCE OF 39.01
FEET TO A 60D NAIL IN BASE OF 24" LIVE OAK FOUND FOR CORNER OF THE
HEREIN DESCRIBED TRACT;
SOUTH 69 DEGREES 13 MINUTES 40 SECONDS WEST, A DISTANCE OF 124.85
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT AND BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID 438.80
ACRE TRACT, SAME BEING THE EASTERNMOST CORNER OF THAT CERTAIN
CALLED 568.52 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH
VENDOR'S LIEN TO BERNARD E. MILLER AND WIFE, LINDA L. MILLER, FILED
SEPTEMBER 24, 1997, AND RECORDED IN DOCUMENT NO. 9743775,
O.P.R.W.C.T.;
THENCE, WITH THE COMMON LINE OF SAID 568.52 ACRE TRACT AND SAID
438.80 ACRE TRACT, THE FOLLOWING FIVE (5) CALLS:
NORTH 19 DEGREES 31 MINUTES 30 SECONDS WEST, A DISTANCE OF 610.03
FEET TO A 60D NAIL FOUND FOR CORNER OF THE HEREIN DESCRIBED TRACT;
NORTH 21 DEGREES 53 MINUTES 43 SECONDS WEST, A DISTANCE OF 395.88
FEET TO A 60D NAIL IN BASE OF 20" LIVE OAK FOUND FOR CORNER OF THE
HEREIN DESCRIBED TRACT;
NORTH 22 DEGREES 20 MINUTES 50 SECONDS WEST, A DISTANCE OF 708.15
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT;
NORTH 21 DEGREES 41 MINUTES 15 SECONDS WEST, A DISTANCE OF 218.81
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT;
NORTH 20 DEGREES 39 MINUTES 15 SECONDS WEST, A DISTANCE OF 614.32
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT, SAID POINT MARKING THE WESTERNMOST CORNER OF SAID 438.80
ACRE TRACT, SAME BEING THE SOUTHERNMOST CORNER OF THAT CERTAIN
CALLED 122.51 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH
VENDOR'S LIEN TO BURL W. TYSON AND WIFE, LYNN M. TYSON, FILED JULY
25, 1989, AND RECORDED IN VOLUME 1802, PAGE 140, O.P.R.W.C.T.;
THENCE, WITH THE COMMON LINE OF SAID 122.51 ACRE TRACT AND SAID
438.80 ACRE TRACT, THE FOLLOWING TWO (2) CALLS:
NORTH 69 DEGREES 29 MINUTES 17 SECONDS EAST, A DISTANCE OF 3,428.43
FEET TO A 1/2-INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF THE
HEREIN DESCRIBED TRACT;
NORTH 21 DEGREES 07 MINUTES 24 SECONDS WEST, A DISTANCE OF 498.39
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT, SAID POINT MARKING THE SOUTHERNMOST CORNER OF THAT CERTAIN
CALLED 30.00 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED WITH
VENDOR'S LIEN TO KEVIN J. STEVENS AND SANDRA K. STEVENS, FILED MAY
20, 2005, AND RECORDED IN DOCUMENT NO. 2005037908, O.P.R.W.C.T.,
AND FROM WHICH A 1/2-INCH IRON ROD FOUND FOR REFERENCE BEARS SOUTH
16 DEGREES 09 MINUTES 58 SECONDS WEST, AT 1.16 FEET;
THENCE, WITH THE COMMON LINE OF SAID 30.00 ACRE TRACT AND SAID
438.80 ACRE TRACT, THE FOLLOWING FOUR (4) CALLS:
NORTH 49 DEGREES 51 MINUTES 53 SECONDS EAST, A DISTANCE OF 895.21
FEET TO A 1/2-INCH IRON ROD IN A FENCE LINE FOUND AND AS CALLED FOR
IN THE DEED FOR SAID 30.00 ACRE TRACT FOR CORNER OF THE HEREIN
DESCRIBED TRACT;
NORTH 49 DEGREES 49 MINUTES 34 SECONDS EAST, A DISTANCE OF 907.69
FEET TO A 1/2-INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF THE
HEREIN DESCRIBED TRACT;
NORTH 07 DEGREES 06 MINUTES 09 SECONDS EAST, A DISTANCE OF 227.47
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT;
NORTH 48 DEGREES 47 MINUTES 39 SECONDS EAST, A DISTANCE OF 231.45
FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT, SAID POINT MARKING THE EASTERNMOST CORNER OF SAID 30.00 ACRE
TRACT, SAME BEING THE SOUTHERNMOST CORNER OF SAID 28.24 ACRE TRACT;
THENCE, WITH THE COMMON LINE OF SAID 28.24 ACRE TRACT AND SAID
438.80 ACRE TRACT, THE FOLLOWING TWO (2) CALLS:
NORTH 48 DEGREES 52 MINUTES 04 SECONDS EAST, A DISTANCE 663.16 FEET
TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT;
NORTH 66 DEGREES 51 MINUTES 10 SECONDS EAST, A DISTANCE 603.96 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT,
DELINEATING AND ENCOMPASSING WITHIN THE METES RECITED 467.379 ACRES
(20,359,019 SQUARE FEET) OF LAND, MORE OR LESS, BASED ON A SURVEY
PERFORMED ON THE GROUND BY THE WALLACE GROUP, INC., ROUND ROCK,
TEXAS IN NOVEMBER AND DECEMBER OF 2006.
FIELD NOTE DESCRIPTION
OF A
165.300 ACRE TRACT OF LAND
OUT OF THE JOSEPH TOM SURVEY, ABSTRACT NO. 615,
SITUATED IN
WILLIAMSON COUNTY, TEXAS
BEING A 165.300 ACRE (7,200,477 SQUARE FOOT) TRACT OF LAND OUT OF
THE JOSEPH TOM SURVEY, ABSTRACT NO. 615, SITUATED IN WILLIAMSON
COUNTY, TEXAS; SAID 165.300 ACRE TRACT BEING COMPRISED OF ALL OF THE
CALLED 4.18 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO JOE
M. MAINES AND WIFE, PATSY L. MAINES, FILED MARCH 10, 2000, AND
RECORDED IN DOCUMENT NO. 2000014838, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.) AND ALL OF THE REMAINDER OF
THAT CERTAIN CALLED 161.526 ACRE TRACT OF LAND (TRACT I) DESCRIBED
IN A OWELTY DEED TO JOE M. MAINES, FILED SEPTEMBER 23, 1994, AND
RECORDED IN VOLUME 2610, PAGE 0670, OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS (O.R.W.C.T.); SAID 165.300 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 1/2-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"CTS 4029" FOUND ON THE SOUTHWESTERLY RIGHT-OF-WAY (R.O.W.) LINE OF
F.M. HIGHWAY 487 (A VARIABLE WIDTH R.O.W.), SAID POINT MARKING THE
NORTHERNMOST CORNER OF THAT CERTAIN CALLED 438.80 ACRE TRACT OF
LAND DESCRIBED IN A SPECIAL WARRANTY DEED TO DIONYSUS GROUP,
LL.L.P., FILED MARCH 1, 2007, AND RECORDED IN DOCUMENT NO.
2007016454, O.P.R.W.C.T., SAME BEING THE EASTERNMOST CORNER OF THAT
CERTAIN CALLED 28.24 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED
WITH VENDOR'S LIEN TO JIMMIE MACK HORTON AND WIFE, NANCY LOUISE
HORTON, FILED JULY 10, 2002, AND RECORDED IN DOCUMENT NO.
2002052147, O.P.R.W.C.T;
THENCE, SOUTH 68 DEGREES 55 MINUTES 28 SECONDS EAST, WITH THE COMMON
SOUTHWESTERLY R.O.W. LINE OF SAID F.M. HIGHWAY 487 AND THE
NORTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, A DISTANCE OF
1,198.69 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE POINT OF
BEGINNING AND MOST NORTHERLY NORTHEAST CORNER OF THE HEREIN
DESCRIBED TRACT, SAID POINT ALSO MARKING A CORNER OF SAID 161.526
ACRE REMAINDER TRACT;
THENCE, SOUTH 24 DEGREES 57 MINUTES 18 SECONDS WEST, DEPARTING THE
SOUTHWESTERLY R.O.W. LINE OF SAID F.M. HIGHWAY 487, WITH THE COMMON
LINE OF SAID 438.80 ACRE TRACT AND SAID 161.526 ACRE REMAINDER
TRACT, A DISTANCE OF 311.91 FEET TO A 1/2-INCH IRON ROD FOUND FOR A
CORNER OF THE HEREIN DESCRIBED TRACT AND SAID 161.526 ACRE
REMAINDER TRACT;
THENCE, SOUTH 83 DEGREES 14 MINUTES 22 SECONDS WEST, WITH A
SOUTHERLY LINE OF SAID 438.80 ACRE TRACT, AND PARTWAY WITH A
NORTHERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT AND PARTWAY
WITH THE NORTHERLY LINE OF SAID 4.18 ACRE TRACT, AT A DISTANCE OF
120.05 FEET PASSING A 1/2-INCH IRON ROD IN A FENCE LINE FOUND AND AS
CALLED FOR IN THE DEED FOR SAID 4.18 ACRE TRACT, AND AT A DISTANCE OF
703.40 FEET PASSING A 1/2-INCH IRON ROD IN A FENCE LINE FOUND AND AS
CALLED FOR IN THE DEED FOR SAID 4.18 ACRE TRACT, CONTINUING IN ALL A
TOTAL DISTANCE OF 1,303.99 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE
NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, SAME MARKING THE
COMMON WESTERNMOST CORNER OF SAID 4.18 ACRE TRACT AND AN INTERIOR
CORNER OF SAID 438.80 ACRE TRACT;
THENCE, SOUTH 22 DEGREES 02 MINUTES 56 SECONDS EAST, WITH A
NORTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, SAME BEING THE
SOUTHWESTERLY LINE OF SAID 4.18 ACRE TRACT, A DISTANCE OF 39.82 FEET
TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN DESCRIBED
TRACT, SAID POINT ALSO MARKING THE COMMON SOUTHWEST CORNER OF SAID
4.18 ACRE TRACT AND THE WESTERNMOST CORNER OF SAID 161.526 ACRE
REMAINDER TRACT;
THENCE WITH A NORTHEASTERLY LINE OF SAID 438.80 ACRE TRACT, SAME
BEING THE SOUTHWESTERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT,
AND WITH THE MAIN ANGLE POINTS OF AN EXISTING FENCE, THE FOLLOWING
EIGHT (8) CALLS:
1) SOUTH 20 DEGREES 15 MINUTES 18 SECONDS EAST, A DISTANCE
OF 63.07 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR
CORNER OF THE HEREIN DESCRIBED TRACT;
2) SOUTH 21 DEGREES 55 MINUTES 44 SECONDS EAST, A DISTANCE
OF 484.71 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR
CORNER OF THE HEREIN DESCRIBED TRACT;
3) SOUTH 21 DEGREES 44 MINUTES 54 SECONDS EAST, A DISTANCE
OF 746.20 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR
CORNER OF THE HEREIN DESCRIBED TRACT;
4) SOUTH 19 DEGREES 38 MINUTES 24 SECONDS EAST, A DISTANCE
OF 179.20 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR
CORNER OF THE HEREIN DESCRIBED TRACT;
5) SOUTH 20 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE
OF 62.31 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR
CORNER OF THE HEREIN DESCRIBED TRACT;
6) SOUTH 22 DEGREES 58 MINUTES 45 SECONDS EAST, A DISTANCE
OF 250.25 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR
CORNER OF THE HEREIN DESCRIBED TRACT;
7) SOUTH 20 DEGREES 28 MINUTES 21 SECONDS EAST, A DISTANCE
OF 743.23 FEET TO WOOD FENCE POST FOUND AT ANGLE POINT IN FENCE FOR
CORNER OF THE HEREIN DESCRIBED TRACT;
8) SOUTH 23 DEGREES 27 MINUTES 58 SECONDS EAST, A DISTANCE
OF 876.50 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN
DESCRIBED TRACT AND SAID 438.80 ACRE TRACT, SAID POINT MARKING THE
SOUTHERNMOST CORNER OF SAID 161.526 ACRE REMAINDER TRACT, SAID
POINT ALSO BEING ON THE NORTHWESTERLY LINE OF THAT CERTAIN CALLED
10.009 ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO LANA D.
BRANUM, FILED AUGUST 23, 2004, AND RECORDED IN DOCUMENT NO.
2004066566, O.P.R.W.C.T.;
THENCE, NORTH 70 DEGREES 13 MINUTES 59 SECONDS EAST, WITH THE
SOUTHEASTERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT, SAME BEING
THE NORTHWESTERLY LINE OF SAID 10.009 ACRE TRACT, AT A DISTANCE OF
398.69 FEET PASSING A 1/2-INCH IRON ROD FOUND WHICH BEARS SOUTH 19
DEGREES 46 MINUTES 01 SECONDS EAST, AT 0.22 FEET, SAID POINT MARKING
THE NORTHERNMOST CORNER OF SAID 10.009 ACRE TRACT, CONTINUING WITH
THE SOUTHEASTERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT, IN ALL
A TOTAL DISTANCE OF 466.05 FEET TO A 60D NAIL IN 16" LIVE OAK FOUND
FOR CORNER OF SAID 161.526 ACRE REMAINDER TRACT AND THE HEREIN
DESCRIBED TRACT, SAME MARKING AN ANGLE POINT ALONG THE
NORTHWESTERLY LINE OF THAT CERTAIN CALLED 94.6241 ACRE TRACT OF
LAND DESCRIBED INA WARRANTY DEED WITH VENDOR'S LIEN TO DON R.
HEWLETT AND WIFE, DONNA HEWLETT, FILED JUNE 19, 2000, AND RECORDED
IN DOCUMENT NO. 200039184, O.P.R.W.C.T.
THENCE, CONTINUING WITH THE SOUTHEASTERLY LINE OF SAID 161.526 ACRE
REMAINDER TRACT, SAME BEING THE NORTHWESTERLY LINE OF SAID 94.6241
ACRE TRACT, THE FOLLOWING TWO (2) CALLS:
1) NORTH 69 DEGREES 31 MINUTES 53 SECONDS EAST, A DISTANCE
OF 544.39 FEET TO A 60D NAIL IN WOOD FENCE POST FOUND FOR CORNER OF
THE HEREIN DESCRIBED TRACT;
2) NORTH 69 DEGREES 29 MINUTES 10 SECONDS EAST, A DISTANCE
OF 591.07 FEET TO A 60D NAIL IN WOOD FENCE POST FOUND FOR CORNER OF
THE HEREIN DESCRIBED TRACT, SAID POINT MARKING THE COMMON
NORTHERNMOST CORNER OF SAID 94.6241 ACRE TRACT AND THE WESTERNMOST
CORNER OF THAT CERTAIN CALLED FIRST TRACT DESCRIBED IN A DEED TO
MERCER H. SATTERFIELD, ET UX., FILED SEPTEMBER 9, 1963, AND
RECORDED IN VOLUME 462, PAGE 420, DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS (D.R.W.C.T.);
THENCE, NORTH 67 DEGREES 45 MINUTES 44 SECONDS EAST, CONTINUING
WITH THE SOUTHEASTERLY LINE OF SAID 161.526 ACRE REMAINDER TRACT,
SAME BEING THE NORTHWESTERLY LINE OF SAID FIRST TRACT, A DISTANCE OF
644.25 FEET TO 1/2-INCH IRON ROD FOUND FOR THE EASTERNMOST CORNER OF
SAID 161.526 ACRE REMAINDER TRACT AND THE HEREIN DESCRIBED TRACT,
SAID POINT ALSO MARKING THE SOUTHEASTERLY LINE OF SAID 161.526 ACRE
REMAINDER TRACT, SAME BEING THE NORTHWESTERLY LINE OF SAID FIRST
TRACT, A DISTANCE OF 644.25 FEET TO A 1/2-INCH IRON ROD FOUND FOR
THE EASTERNMOST CORNER OF SAID 161.526 ACRE REMAINDER TRACT AND THE
HEREIN DESCRIBED TRACT, SAID POINT ALSO MARKING THE SOUTHERNMOST
CORNER OF THAT CERTAIN CALLED 92.83 ACRE TRACT (TRACT 5) DESCRIBED
IN A WARRANTY DEED TO DECATA W. ISBELL AND HUSBAND, ALAN D. ISBELL,
FILED MARCH 3, 2000, AND RECORDED IN DOCUMENT NO. 2000013063,
O.P.R.W.C.T.;
THENCE, WITH THE NORTHEASTERLY LINE OF SAID 161.526 ACRE REMAINDER
TRACT, SAME BEING THE SOUTHWESTERLY LINE OF SAID 92.83 TRACT, THE
FOLLOWING SEVEN (7) CALLS:
1) NORTH 21 DEGREES 00 MINUTES 26 SECONDS WEST, A DISTANCE
OF 470.24 FEET TO AN ORANGE PLASTIC CAP STAMPED "WALLACE GROUP"
(HEREAFTER REFERRED TO AS CORNER OF THE HEREIN DESCRIBED TRACT;
2) NORTH 21 DEGREES 39 MINUTES 37 SECONDS WEST, A DISTANCE
OF 297.53 FEET TO A 1/2-INCH IRON ROD WITH "WALLACE CAP" SET FOR
CORNER OF THE HEREIN DESCRIBED TRACT;
3) NORTH 22 DEGREES 49 MINUTES 37 SECONDS WEST, A DISTANCE
OF 483.35 FEET TO A 1/2-INCH IRON ROD WITH "WALLACE CAP" SET FOR
CORNER OF THE HEREIN DESCRIBED TRACT;
4) NORTH 21 DEGREES 17 MINUTES 47 SECONDS WEST, A DISTANCE
OF 366.39 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN
DESCRIBED TRACT;
5) NORTH 22 DEGREES 47 MINUTES 25 SECONDS WEST, A DISTANCE
OF 643.57 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN
DESCRIBED TRACT;
6) NORTH 21 DEGREES 06 MINUTES 43 SECONDS WEST, A DISTANCE
OF 320.51 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER OF THE HEREIN
DESCRIBED TRACT;
7) NORTH 26 DEGREES 04 MINUTES 43 SECONDS WEST, A DISTANCE
OF 77.16 FEET TO A 1/2-INCH IRON ROD WITH "WALLACE CAP" SET FOR
CORNER OF THE HEREIN DESCRIBED TRACT, SAID POINT MARKING THE COMMON
EASTERNMOST CORNER OF SAID 161.526 ACRE REMAINDER TRACT AND THE
NORTHERNMOST CORNER OF SAID 92.83 ACRE TRACT, SAID POINT ALSO BEING
ON THE SOUTHWESTERLY R.O.W. LINE OF SAID F.M. HIGHWAY 487, AND FROM
WHICH A TXDOT TYPE I RIGHT-OF-WAY MONUMENT FOUND MARKING AN ANGLE
POINT ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE BEARS SOUTH 69
DEGREES 51 MINUTES 26 SECONDS EAST, AT 10.26 FEET;
THENCE, NORTH 68 DEGREES 52 MINUTES 31 SECONDS WEST, WITH THE COMMON
SOUTHWESTERLY R.O.W. LINE OF SAID F.M. HIGHWAY 487 AND MOST
NORTHERLY NORTHEAST LINE OF SAID 161.526 ACRE REMAINDER TRACT, A
DISTANCE OF 1,026.51 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED TRACT, DELINEATING AND ENCOMPASSING WITHIN THE METES
RECITED 165.300 ACRES (7,200,477 SQUARE FEET) OF LAND, MORE OR
LESS, BASED ON A FIELD SURVEY PERFORMED BY THE WALLACE GROUP, INC.,
ROUND ROCK, TEXAS IN MAY OF 2007.
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,
lieutenant governor, and 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 have been
fulfilled and accomplished.
SECTION 4. This Act takes effect September 1, 2015.