Texas 2021 - 87th Regular

Texas House Bill HB4650 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4650
	1	+	By: Rodriguez (Senate Sponsor - Zaffirini) H.B. No. 4650
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Water,
	4	+	Agriculture & Rural Affairs; May 21, 2021, reported favorably by
	5	+	the following vote: Yeas 8, Nays 0; May 21, 2021, sent to
	6	+	printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the creation of the East Central Travis County
6	13		Conservation and Reclamation District No. 1; providing authority to
7	14		issue bonds; providing authority to impose assessments, fees, and
8	15		taxes.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	18		Code, is amended by adding Chapter 7953A to read as follows:
12	19		CHAPTER 7953A. EAST CENTRAL TRAVIS COUNTY CONSERVATION AND
13	20		RECLAMATION DISTRICT NO. 1
14	21		SUBCHAPTER A. GENERAL PROVISIONS
15	22		Sec. 7953A.0101. DEFINITIONS. In this chapter:
16	23		(1) "Board" means the district's board of directors.
17	24		(2) "Commission" means the Texas Commission on
18	25		Environmental Quality.
19	26		(3) "Director" means a board member.
20	27		(4) "District" means the East Central Travis County
21	28		Conservation and Reclamation District No. 1.
22	29		Sec. 7953A.0102. NATURE OF DISTRICT. The district is a
23	30		municipal utility district created under Section 59, Article XVI,
24	31		Texas Constitution.
25	32		Sec. 7953A.0103. CONFIRMATION AND DIRECTOR ELECTION
26	33		REQUIRED. The temporary directors shall hold an election to
27	34		confirm the creation of the district and to elect five permanent
28	35		directors as provided by Section 49.102, Water Code.
29	36		Sec. 7953A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	37		temporary directors may not hold an election under Section
31	38		7953A.0103 until each municipality in whose corporate limits or
32	39		extraterritorial jurisdiction the district is located has
33	40		consented by ordinance or resolution to the creation of the
34	41		district and to the inclusion of land in the district.
35	42		Sec. 7953A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	43		(a) The district is created to serve a public purpose and benefit.
37	44		(b) The district is created to accomplish the purposes of:
38	45		(1) a municipal utility district as provided by
39	46		general law and Section 59, Article XVI, Texas Constitution; and
40	47		(2) Section 52, Article III, Texas Constitution, that
41	48		relate to the construction, acquisition, improvement, operation,
42	49		or maintenance of macadamized, graveled, or paved roads, or
43	50		improvements, including storm drainage, in aid of those roads.
44	51		Sec. 7953A.0106. INITIAL DISTRICT TERRITORY. (a) The
45	52		district is initially composed of the territory described by
46	53		Section 2 of the Act enacting this chapter.
47	54		(b) The boundaries and field notes contained in Section 2 of
48	55		the Act enacting this chapter form a closure. A mistake made in the
49	56		field notes or in copying the field notes in the legislative process
50	57		does not affect the district's:
51	58		(1) organization, existence, or validity;
52	59		(2) right to issue any type of bond for the purposes
53	60		for which the district is created or to pay the principal of and
54	61		interest on a bond;
55	62		(3) right to impose a tax; or
56	63		(4) legality or operation.
57	64		SUBCHAPTER B. BOARD OF DIRECTORS
58	65		Sec. 7953A.0201. GOVERNING BODY; TERMS. (a) The district
59	66		is governed by a board of five elected directors.
60	67		(b) Except as provided by Section 7953A.0202, directors
61	68		serve staggered four-year terms.
62	69		Sec. 7953A.0202. TEMPORARY DIRECTORS. (a) On or after the
63	70		effective date of the Act enacting this chapter, the owner or owners
64	71		of a majority of the assessed value of the real property in the
65	72		district may submit a petition to the commission requesting that
66	73		the commission appoint as temporary directors the five persons
67	74		named in the petition. The commission shall appoint as temporary
68	75		directors the five persons named in the petition.
69	76		(b) Temporary directors serve until the earlier of:
70	77		(1) the date permanent directors are elected under
71	78		Section 7953A.0103; or
72	79		(2) the fourth anniversary of the effective date of
73	80		the Act enacting this chapter.
74	81		(c) If permanent directors have not been elected under
75	82		Section 7953A.0103 and the terms of the temporary directors have
76	83		expired, successor temporary directors shall be appointed or
77	84		reappointed as provided by Subsection (d) to serve terms that
78	85		expire on the earlier of:
79	86		(1) the date permanent directors are elected under
80	87		Section 7953A.0103; or
81	88		(2) the fourth anniversary of the date of the
82	89		appointment or reappointment.
83	90		(d) If Subsection (c) applies, the owner or owners of a
84	91		majority of the assessed value of the real property in the district
85	92		may submit a petition to the commission requesting that the
86	93		commission appoint as successor temporary directors the five
87	94		persons named in the petition. The commission shall appoint as
88	95		successor temporary directors the five persons named in the
89	96		petition.
90	97		SUBCHAPTER C. POWERS AND DUTIES
91	98		Sec. 7953A.0301. GENERAL POWERS AND DUTIES. The district
92	99		has the powers and duties necessary to accomplish the purposes for
93	100		which the district is created.
94	101		Sec. 7953A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	102		DUTIES. The district has the powers and duties provided by the
96	103		general law of this state, including Chapters 49 and 54, Water Code,
97	104		applicable to municipal utility districts created under Section 59,
98	105		Article XVI, Texas Constitution.
99	106		Sec. 7953A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100	107		Section 52, Article III, Texas Constitution, the district may
101	108		design, acquire, construct, finance, issue bonds for, improve,
102	109		operate, maintain, and convey to this state, a county, or a
103	110		municipality for operation and maintenance macadamized, graveled,
104	111		or paved roads, or improvements, including storm drainage, in aid
105	112		of those roads.
106	113		Sec. 7953A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	114		road project must meet all applicable construction standards,
108	115		zoning and subdivision requirements, and regulations of each
109	116		municipality in whose corporate limits or extraterritorial
110	117		jurisdiction the road project is located.
111	118		(b) If a road project is not located in the corporate limits
112	119		or extraterritorial jurisdiction of a municipality, the road
113	120		project must meet all applicable construction standards,
114	121		subdivision requirements, and regulations of each county in which
115	122		the road project is located.
116	123		(c) If the state will maintain and operate the road, the
117	124		Texas Transportation Commission must approve the plans and
118	125		specifications of the road project.
119	126		Sec. 7953A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	127		ORDINANCE OR RESOLUTION. The district shall comply with all
121	128		applicable requirements of any ordinance or resolution that is
122	129		adopted under Section 54.016 or 54.0165, Water Code, and that
123	130		consents to the creation of the district or to the inclusion of land
124	131		in the district.
125	132		Sec. 7953A.0306. DIVISION OF DISTRICT. (a) The district
126	133		may be divided into two or more new districts only if the district:
127	134		(1) has never issued any bonds; and
128	135		(2) is not imposing ad valorem taxes.
129	136		(b) This chapter applies to any new district created by the
130	137		division of the district, and a new district has all the powers and
131	138		duties of the district.
132	139		(c) A new district created by the division of the district
133	140		may not, at the time the new district is created, contain any land
134	141		outside the area described by Section 2 of the Act enacting this
135	142		chapter.
136	143		(d) The board, on its own motion or on receipt of a petition
137	144		signed by the owner or owners of a majority of the assessed value of
138	145		the real property in the district, may adopt an order dividing the
139	146		district.
140	147		(e) The board may adopt an order dividing the district
141	148		before or after the date the board holds an election under Section
142	149		7953A.0103 to confirm the district's creation.
143	150		(f) An order dividing the district shall:
144	151		(1) name each new district;
145	152		(2) include the metes and bounds description of the
146	153		territory of each new district;
147	154		(3) appoint temporary directors for each new district;
148	155		and
149	156		(4) provide for the division of assets and liabilities
150	157		between the new districts.
151	158		(g) On or before the 30th day after the date of adoption of
152	159		an order dividing the district, the district shall file the order
153	160		with the commission and record the order in the real property
154	161		records of each county in which the district is located.
155	162		(h) A new district created by the division of the district
156	163		shall hold a confirmation and directors' election as required by
157	164		Section 7953A.0103.
158	165		(i) If the creation of the new district is confirmed, the
159	166		new district shall provide the election date and results to the
160	167		commission.
161	168		(j) Any new district created by the division of the district
162	169		must hold an election as required by this chapter to obtain voter
163	170		approval before the district may impose a maintenance tax or issue
164	171		bonds payable wholly or partly from ad valorem taxes.
165	172		(k) Municipal consent to the creation of the district and to
166	173		the inclusion of land in the district granted under Section
167	174		7953A.0104 acts as municipal consent to the creation of any new
168	175		district created by the division of the district and to the
169	176		inclusion of land in the new district.
170	177		Sec. 7953A.0307. NO EMINENT DOMAIN POWER. The district may
171	178		not exercise the power of eminent domain.
172	179		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173	180		Sec. 7953A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
174	181		The district may issue, without an election, bonds and other
175	182		obligations secured by:
176	183		(1) revenue other than ad valorem taxes; or
177	184		(2) contract payments described by Section
178	185		7953A.0403.
179	186		(b) The district must hold an election in the manner
180	187		provided by Chapters 49 and 54, Water Code, to obtain voter approval
181	188		before the district may impose an ad valorem tax or issue bonds
182	189		payable from ad valorem taxes.
183	190		(c) The district may not issue bonds payable from ad valorem
184	191		taxes to finance a road project unless the issuance is approved by a
185	192		vote of a two-thirds majority of the district voters voting at an
186	193		election held for that purpose.
187	194		Sec. 7953A.0402. OPERATION AND MAINTENANCE TAX. (a) If
188	195		authorized at an election held under Section 7953A.0401, the
189	196		district may impose an operation and maintenance tax on taxable
190	197		property in the district in accordance with Section 49.107, Water
191	198		Code.
192	199		(b) The board shall determine the tax rate. The rate may not
193	200		exceed the rate approved at the election.
194	201		Sec. 7953A.0403. CONTRACT TAXES. (a) In accordance with
195	202		Section 49.108, Water Code, the district may impose a tax other than
196	203		an operation and maintenance tax and use the revenue derived from
197	204		the tax to make payments under a contract after the provisions of
198	205		the contract have been approved by a majority of the district voters
199	206		voting at an election held for that purpose.
200	207		(b) A contract approved by the district voters may contain a
201	208		provision stating that the contract may be modified or amended by
202	209		the board without further voter approval.
203	210		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
204	211		Sec. 7953A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
205	212		OBLIGATIONS. The district may issue bonds or other obligations
206	213		payable wholly or partly from ad valorem taxes, impact fees,
207	214		revenue, contract payments, grants, or other district money, or any
208	215		combination of those sources, to pay for any authorized district
209	216		purpose.
210	217		Sec. 7953A.0502. TAXES FOR BONDS. At the time the district
211	218		issues bonds payable wholly or partly from ad valorem taxes, the
212	219		board shall provide for the annual imposition of a continuing
213	220		direct ad valorem tax, without limit as to rate or amount, while all
214	221		or part of the bonds are outstanding as required and in the manner
215	222		provided by Sections 54.601 and 54.602, Water Code.
216	223		Sec. 7953A.0503. BONDS FOR ROAD PROJECTS. At the time of
217	224		issuance, the total principal amount of bonds or other obligations
218	225		issued or incurred to finance road projects and payable from ad
219	226		valorem taxes may not exceed one-fourth of the assessed value of the
220	227		real property in the district.
221	228		SECTION 2. The East Central Travis County Conservation and
222	229		Reclamation District No. 1 initially includes all the territory
223	230		contained in the following area:
224	231		"PARCEL 1" - (Northwest Tract)
225	232		BEING A DESCRIPTION OF a 791.6381 acres (34,483,754 square
226	233		foot) tract of land out of the Santiago del Valle Grant, Abstract
227	234		No. 24, Travis County, Texas, and being a portion of a called 23.04
228	235		acre tract and all of a called 9.18 acre tract, both conveyed to
229	236		Thelma Bolm Yeates et al. in Volume 5000, Page 2364 of the Deed
230	237		Records of Travis County, Texas (D.R.T.C.T.), save and except a
231	238		called 3.647 acre tract (DESCRIBED AS TRACT TWO) conveyed to the
232	239		City of Austin in Document No. 2007113005 of the Official Public
233	240		Records of Travis County, Texas (O.P.R.T.C.T.), a PORTION of a
234	241		called 11.095 acre tract (described as tract three) and a called
235	242		232.59 acre tract (described as tract four), both conveyed to
236	243		Fitzpatrick Bar X Ranch, L.P., in Document Nos. 2011023927,
237	244		2011023928 and 2012046374 (O.P.R.T.C.T.), a portion of said 232.59
238	245		acre tract also being described as a called 18.690 acre tract
239	246		conveyed to Lake Pasture Ranch, LLC, in Document Nos. 2020032051
240	247		and 2020032052 (O.P.R.T.C.T.), and being all of a called 96.38 acre
241	248		tract conveyed to Lake Pasture Ranch, LLC, in Document Nos.
242	249		2020032051 and 2020032052 (O.P.R.T.C.T.), and being all of a called
243	250		241.77 acre tract and a 213.71 acre tract conveyed (as an interest)
244	251		to Bailey Ranch Holdings, L.P., in Document No. 2005171964
245	252		(O.P.R.T.C.T., said tracts previously described in Volume 5000,
246	253		Page 2364 (D.R.T.C.T.)), said 791.6381 acres being more
247	254		particularly described by metes and bounds as follows:
248	255		BEGINNING, at a 1/2-inch iron rod found in the north
249	256		right-of-way line of Hergotz Lane (right-of-way varies), and being
250	257		in the south line of said Yeates 23.04 acre tract, and being in the
251	258		south line of said Fitzpatrick Bar X Ranch Tract Three, for the
252	259		southwest corner and POINT OF BEGINNING hereof, from which a
253	260		1/2-inch iron rod found in the north right-of-way line of said
254	261		Hergotz Lane and the south line of said Yeates 23.04 acre tract, and
255	262		being the southwest corner of said Fitzpatrick Bar X Ranch Tract
256	263		Three bears, S83°48'22"W, a distance of 172.37 feet;
257	264		THENCE, leaving the north right-of-way line of said Hergotz
258	265		Lane and the south lines of said Yeates 23.04 acre tract and said
259	266		Fitzpatrick Bar X Ranch Tract Three, over and across said 23.04 acre
260	267		Yeates tract, and in part over and across said Fitzpatrick Bar X
261	268		Ranch Tract Three, N08°00'12"W, passing at a distance of 507.24
262	269		feet, a 1/2-inch iron rod with "4Ward Boundary" cap set for
263	270		reference, and continuing a total distance of 517.24 feet to a
264	271		calculated point for the northwest corner hereof, said point being
265	272		at the record south bank of the Colorado River, said point being at
266	273		the northwest corner of said Yeates 9.18 acre tract, and being the
267	274		northeast corner of said Yeates 23.04 acre tract;
268	275		THENCE, continuing with the south bank of the Colorado and
269	276		its meanders, and with the north line of said Yeates 9.18 acre
270	277		tract, N57°22'21"E, a distance of 261.21 feet to a 1/2-inch iron rod
271	278		found for an angle point hereof, said point being at the northwest
272	279		corner of said Fitzpatrick Bar X Ranch Tract Three;
273	280		THENCE, continuing with the south bank of the Colorado and
274	281		its meanders, and with the north lines of said Yeates 9.18 acre
275	282		tract and said Fitzpatrick Bar X Ranch Tract Three, N56°52'41"E, a
276	283		distance of 555.06 feet to a 1/2-inch iron rod found for an angle
277	284		point hereof, said point being at the northwest corner of said
278	285		Bailey Ranch 241.77 acre tract, and being the northeast corner of
279	286		said Yeates 9.18 acre tract and said Fitzpatrick Bar X Ranch Tract
280	287		Three;
281	288		THENCE, continuing with the south bank of the Colorado and
282	289		its meanders, and with the north line of said Bailey Ranch 241.77
283	290		acre tract, the following eighteen (18) courses and distances:
284	291		1. N58°14'11"E, a distance of 332.87 feet to a calculated
285	292		point for an angle point hereof,
286	293		2. N51°07'11"E, a distance of 338.18 feet to a calculated
287	294		point for an angle point hereof,
288	295		3. N46°15'11"E, a distance of 321.10 feet to a calculated
289	296		point for an angle point hereof,
290	297		4. N43°39'11"E, a distance of 149.34 feet to a calculated
291	298		point for an angle point hereof,
292	299		5. N48°02'11"E, a distance of 50.98 feet to a calculated
293	300		point for an angle point hereof,
294	301		6. N24°04'11"E, a distance of 685.91 feet to a calculated
295	302		point for an angle point hereof,
296	303		7. N50°55'11"E, a distance of 282.84 feet to a calculated
297	304		point for an angle point hereof,
298	305		8. N42°55'11"E, a distance of 224.48 feet to a calculated
299	306		point for an angle point hereof,
300	307		9. N35°03'11"E, a distance of 583.65 feet to a calculated
301	308		point for an angle point hereof,
302	309		10. N47°57'11"E, a distance of 953.18 feet to a calculated
303	310		point for an angle point hereof,
304	311		11. N52°47'11"E, a distance of 454.52 feet to a calculated
305	312		point for an angle point hereof,
306	313		12. N47°41'11"E, a distance of 584.84 feet to a calculated
307	314		point for an angle point hereof,
308	315		13. N45°16'11"E, a distance of 814.33 feet to a calculated
309	316		point for an angle point hereof,
310	317		14. N57°22'11"E, a distance of 643.29 feet to a calculated
311	318		point for an angle point hereof,
312	319		15. N71°50'11"E, a distance of 357.44 feet to a calculated
313	320		point for an angle point hereof,
314	321		16. N72°50'11"E, a distance of 326.39 feet to a calculated
315	322		point for an angle point hereof,
316	323		17. N74°08'11"E, a distance of 226.51 feet to a calculated
317	324		point for an angle point hereof, and
318	325		18. N75°04'11"E, a distance of 166.61 feet to a calculated
319	326		point for an angle point hereof, said point being at the northwest
320	327		corner of said Fitzpatrick Bar X Ranch Tract Four, and being the
321	328		northeast corner of said Bailey Ranch 241.77 acre tract, from which
322	329		a 12" wooden fence post found bears N19°01'28"E, a distance of 5.96
323	330		feet;
324	331		THENCE, continuing with the south bank of the Colorado and
325	332		its meanders, and with the north line of said Fitzpatrick Bar X
326	333		Ranch Tract Four, the following eleven (11) courses and distances:
327	334		1. N73°35'14"E, a distance of 161.13 feet to a calculated
328	335		point for an angle point hereof,
329	336		2. S87°46'46"E, a distance of 318.37 feet to a calculated
330	337		point for an angle point hereof,
331	338		3. S75°18'46"E, a distance of 189.00 feet to a calculated
332	339		point for an angle point hereof,
333	340		4. N83°09'14"E, a distance of 399.34 feet to a calculated
334	341		point for an angle point hereof,
335	342		5. N78°54'14"E, a distance of 505.42 feet to a calculated
336	343		point for an angle point hereof,
337	344		6. N86°04'14"E, a distance of 485.59 feet to a calculated
338	345		point for an angle point hereof,
339	346		7. N84°30'14"E, a distance of 436.01 feet to a calculated
340	347		point for an angle point hereof,
341	348		8. N75°31'14"E, a distance of 200.12 feet to a calculated
342	349		point for an angle point hereof,
343	350		9. N68°13'14"E, a distance of 311.43 feet to a calculated
344	351		point for an angle point hereof,
345	352		10. N79°14'14"E, a distance of 976.26 feet to a calculated
346	353		point for an angle point hereof, and
347	354		11. S74°59'46"E, a distance of 760.57 feet to a calculated
348	355		point for an angle point hereof, said point being in the northwest
349	356		line of a called 55.68 acre tract conveyed to Martin Lee Mehner in
350	357		Document No. 2011058578 (O.P.R.T.C.T.), and being the northeast
351	358		corner of said Fitzpatrick Bar X Ranch Tract Four, from which a
352	359		1/2-inch iron rod with "M Meador 1966" cap found at the north corner
353	360		of said Mehner tract bears, N43°06'00"E, a distance of 2.00 feet;
354	361		THENCE, with the common line of said Mehner tract and said
355	362		Fitzpatrick Bar X Ranch Tract Four, S43°06'00"W, passing at a
356	363		distance of 164.10 feet, 1/2-inch iron rod with "M Meador 1966" cap
357	364		found, passing at a distance of 985.34 feet, a 1/2-inch iron rod
358	365		with "M Meador 1966" cap found, and continuing for a total distance
359	366		of 3282.41 feet to a 1/2-inch iron rod found for an angle point
360	367		hereof, said point being at the northeast corner of said 96.38 acre
361	368		Lake Pasture Ranch tract, and being the southeast corner of said
362	369		Fitzpatrick Bar X Ranch Tract Four, said corner also described in a
363	370		Surveyor's Report in Document No. 2020032051 (O.P.R.T.C.T.);
364	371		THENCE, with the common line of said Mehner tract and said
365	372		96.38 acre Lake Pasture Ranch tract, the following two (2) courses
366	373		and distances:
367	374		1. S42°28'38"W, a distance of 32.57 feet to a 1/2-inch iron
368	375		rod with illegible cap found for an angle point hereof, and
369	376		2. S42°58'37"W, a distance of 1011.32 feet to a 1/2-inch iron
370	377		rod with "M Meador 1966" cap found for an angle point hereof, said
371	378		point being at the north corner of a called 110.07 acre tract
372	379		conveyed to APAC-Texas, Inc., in Document No. 2011024518
373	380		(O.P.R.T.C.T.), and being the west corner of said Mehner tract;
374	381		THENCE, with the common line of said APAC-Texas tract and
375	382		said 96.38 acre Lake Pasture Ranch tract, S42°56'36"W, a distance of
376	383		2,503.52 feet to a 1/2-inch iron rod with "M Meador 1966" cap found
377	384		for the southeast corner hereof, said point being at the beginning
378	385		of the right-of-way transition from Ramirez Lane (right-of-way
379	386		varies) to Edwin Lane (right-of-way varies) and being the common
380	387		south corner of said APAC-Texas tract and said 96.38 acre Lake
381	388		Pasture Ranch tract;
382	389		THENCE, with the right-of-way transition from said Ramirez
383	390		Lane to said Edwin Lane, and with the south line of said 96.38 acre
384	391		Lake Pasture Ranch tract, the following two (2) courses and
385	392		distances:
386	393		1. N76°53'45"W, a distance of 18.75 feet to a 1/2-inch iron
387	394		rod with "4Ward Boundary" cap set for an angle point hereof, and
388	395		2. S43°18'15"W, a distance of 23.43 feet to a 60D found in a
389	396		6" cedar fence post for an angle point hereof, said point being at
390	397		the end of the right-of-way transition from said Ramirez Lane to
391	398		said Edwin Lane, and being the northeast corner of said Bailey Ranch
392	399		213.71 acre tract, and being a south corner of said 96.38 acre Lake
393	400		Pasture Ranch tract, said corner also described in a Surveyor's
394	401		Report in Document No. 2020032051 (O.P.R.T.C.T.);
395	402		THENCE, with the northwest right-of-way line of said Edwin
396	403		Lane and the southeast line of said Bailey Ranch 213.71 acre tract,
397	404		S42°54'57"W, a distance of 3727.82 feet to a 3/4-inch iron pipe
398	405		found for an angle point hereof, said point being at the beginning
399	406		of the right-of-way transition from said Edwin Lane to said Hergotz
400	407		Lane;
401	408		THENCE, with the right-of-way transition from said Edwin Lane
402	409		to said Hergotz Lane, and with the south line of said Bailey Ranch
403	410		213.71 acre tract, S87°43'19"W, a distance of 71.52 feet to a
404	411		3/4-inch iron pipe found for an angle point hereof, said point being
405	412		at the end of the right-of-way transition from said Edwin Lane to
406	413		said Hergotz Lane;
407	414		THENCE, with the northeast right-of-way line of said Hergotz
408	415		Lane and the southwest line of said Bailey Ranch 213.71 acre tract,
409	416		N47°37'54"W, a distance of 2631.84 feet to a 1/2-inch iron rod with
410	417		"4Ward Boundary" cap set for an angle point hereof, said point being
411	418		at the southeast corner of said Yeates 23.04 acre tract, and being
412	419		an angle point in the north right-of-way line of said Hergotz Lane;
413	420		THENCE, with the north right-of-way line of said Hergotz Lane
414	421		and the south line of said Yeates 23.04 acre tract, and in part with
415	422		the south line of said Fitzpatrick Bar X Ranch Tract Three, the
416	423		following three (3) courses and distances:
417	424		1. N70°30'10"W, a distance of 155.17 feet to a 1/2-inch iron
418	425		rod with "4Ward Boundary" cap set for an angle point hereof,
419	426		2. S84°35'14"W, passing at a distance of 1,057.99 feet, a
420	427		1/2-inch iron rod found at the southeast corner of said Fitzpatrick
421	428		Bar X Ranch Tract Three, and continuing for a total distance of
422	429		1267.11 feet to a 1/2-inch iron rod with "4Ward Boundary" cap set
423	430		for an angle point hereof, and
424	431		3. S83°48'22"W, a distance of 160.29 feet to the POINT OF
425	432		BEGINNING, and containing 791.6381 acres (34,483,754 square feet)
426	433		more or less.
427	434		"PARCEL 2" - (Southwest Tract)
428	435		BEING A DESCRIPTION OF a 382.5693 acres (16,664,720 square
429	436		foot) tract of land out of the Santiago del Valle Grant, Abstract
430	437		No. 24, Travis County, Texas, and being a portion of a called 308.61
431	438		acre tract (described as tract one) conveyed to the Fitzpatrick Bar
432	439		X Ranch, L.P., in Document Nos. 2011023927, 2011023928 and
433	440		2012046374 of the Official Public Records of Travis County, Texas
434	441		(O.P.R.T.C.T.), said tract being previously described as a 302.45
435	442		acre tract in a deed to Thelma Bolm Yeates et al. in Volume 5000,
436	443		Page 2364 of the Deed Records of Travis County, Texas (D.R.T.C.T.),
437	444		and being all of a called 92.50 acre tract conveyed to Bailey Ranch
438	445		Holdings, L.P., in Document No. 2005171964 (O.P.R.T.C.T., said
439	446		tract being previously described in Volume 5000, Page 2364
440	447		(D.R.T.C.T.)), save and except a called 12.600 acre tract conveyed
441	448		to Marcelo Vera in Document No. 2007215877 (O.P.R.T.C.T.), said
442	449		382.5693 acres being more particularly described by metes and
443	450		bounds as follows:
444	451		BEGINNING, at a 1/2-inch iron pipe found at the beginning of
445	452		the right-of-way transition from Hergotz Lane (right-of-way
446	453		varies) to Dalton Lane (right-of-way varies) and being an east
447	454		corner of said Bailey Ranch tract, for an east corner and POINT OF
448	455		BEGINNING hereof;
449	456		THENCE, with the right-of-way transition from said Hergotz
450	457		Lane to said Dalton Lane, and with the east line of said Bailey
451	458		Ranch tract, S02°42'33"E, a distance of 70.07 feet to a 1/2-inch
452	459		iron rod with "4Ward Boundary" cap set for an east corner hereof,
453	460		said point being at the end of the right-of-way transition from said
454	461		Hergotz Lane to said Dalton Lane;
455	462		THENCE, with the northwest right-of-way line of said Dalton
456	463		Lane and the southeast line of said Bailey Ranch tract, S42°37'41"W,
457	464		a distance of 2,350.51 feet to a 1/2-inch iron rod found for the
458	465		southeast corner hereof, said point being the east corner of said
459	466		Vera tract, from which a bolt found at the east corner of a called
460	467		10.74 acre tract conveyed to Marcelo and Josephine Vera in Document
461	468		No. 2013076814 (O.P.R.T.C.T., said tract being the remainder of a
462	469		called 40 acre tract described in Volume 397 Page 437
463	470		(D.R.T.C.T.)), and being the south corner of said Vera 12.600 acre
464	471		tract, and being the south corner of said Bailey Ranch tract bears,
465	472		S42°43'09"W, a distance of 381.65 feet;
466	473		THENCE, leaving the northwest right-of-way line of said
467	474		Dalton Lane and the southeast line of said Bailey Ranch tract, over
468	475		and across said Bailey Ranch tract, in part over and across said
469	476		Fitzpatrick Bar X tract, with the northeast line of said Vera 12.600
470	477		acre tract, N47°42'21"W, a distance of 1,446.24 feet to a 1/2-inch
471	478		iron rod found for an interior ell-corner hereof, said point being
472	479		in the southeast line of said Yeates 302.45 acre tract, and being in
473	480		the northwest line of said Bailey Ranch tract, and being the north
474	481		corner of said Vera 12.600 acre tract;
475	482		THENCE, over and across said Fitzpatrick Bar X tract, with
476	483		the common line of said Bailey Ranch tract, said Vera 12.600 acre
477	484		tract and said Yeates 302.45 acre tract, the following two (2)
478	485		courses and distances:
479	486		1. S42°46'49"W, a distance of 377.12 feet to a 1/2-inch iron
480	487		rod found for an interior ell-corner hereof, and
481	488		2. S47°31'34"E, a distance of 81.24 feet to a 1/2-inch iron
482	489		rod with "4Ward Boundary" cap set for an exterior ell-corner
483	490		hereof, said point being the north corner of said Vera 10.74 acre
484	491		tract, and being in the southwest line of said Vera 12.600 acre
485	492		tract, and being an angle point in the east line of said Yeates
486	493		302.45 acre tract and said Fitzpatrick Bar X tract, from which a
487	494		bolt found in the northwest right-of-way of said Dayton Lane, and
488	495		being the common south corner of said Vera 10.74 acre and 12.600
489	496		acre tracts and said Bailey Ranch tract bears, S47°31'34"E, a
490	497		distance of 1,365.38 feet;
491	498		THENCE, with the northwest line of said Vera 10.74 acre tract
492	499		and the southeast line of said Fitzpatrick Bar X tract, S42°40'08"W,
493	500		passing at a distance of 1.90 feet, a 1/2-inch iron rod found, and
494	501		continuing for a total distance of 343.98 feet to a 3/4-inch iron
495	502		pipe found for an angle point hereof, said point being at the north
496	503		corner of a called 13.6040 acre tract conveyed to the Jane Rabb
497	504		Family Trust in Document No. 2012031044 (O.P.R.T.C.T., said tract
498	505		described in Volume 11209, Page 877 of the Real Property Records of
499	506		Travis County, Texas (R.P.R.T.C.T.)), and being the west corner of
500	507		said Vera 10.74 acre tract;
501	508		THENCE, with the northwest line of said Rabb tract and the
502	509		southeast line of said Fitzpatrick Bar X tract, S42°45'59"W, a
503	510		distance of 423.13 feet to a 2-inch iron rod found for the southeast
504	511		corner hereof, said point being the east corner of a called 16.49
505	512		acre tract conveyed to AAA Fire & Safety Equipment Co., Inc., in
506	513		Document No. 2009209643 (O.P.R.T.C.T., said tract being the
507	514		remainder of a 26.04 acre tract described in Volume 9665, Page 120
508	515		(R.P.R.T.C.T.)), and being the southeast corner of said Fitzpatrick
509	516		Bar X tract;
510	517		THENCE, with the northeast line of said AAA Fire & Safety
511	518		tract and the southwest line of said Fitzpatrick Bar X tract,
512	519		N47°48'33"W, a distance of 306.53 feet to a 1/2-inch iron rod found
513	520		for an angle point hereof, said point being the east corner of a
514	521		called 9.55 acre tract conveyed to Victor M. Medina in Document
515	522		No. 2009109790 (O.P.R.T.C.T., said tract described in Volume
516	523		13266, Page 2782 (R.P.R.T.C.T.)), and being the north corner of
517	524		said AAA Fire & Safety Equipment tract;
518	525		THENCE, with the northeast line of said Medina tract and the
519	526		southwest line of said Fitzpatrick Bar X tract, N47°13'08"W, a
520	527		distance of 329.20 feet to a 1.25-inch iron rod found for an angle
521	528		point hereof, said point being the east corner of a called 42.65
522	529		acre tract conveyed to J-V Marble Mfg. Inc., et al., in Volume 8467,
523	530		Page 555 (D.R.T.C.T.), and being the north corner of said Medina
524	531		tract;
525	532		THENCE, with the northeast line of said J-V Marble Mfg. tract
526	533		and the southwest line of said Fitzpatrick Bar X tract, the
527	534		following two (2) courses and distances:
528	535		1. N47°48'26"W, a distance of 316.92 feet to a 1/2-inch iron
529	536		rod with "4Ward Boundary" cap set for an angle point hereof, and
530	537		2. N47°47'39"W, a distance of 317.84 feet to a 1/2-inch iron
531	538		pipe found for an exterior ell-corner hereof, said point being in
532	539		the southeast line of a called 3.699 acre tract conveyed to William
533	540		and Bernice Schkade in Volume 10890, Page 1381 (R.P.R.T.C.T.), and
534	541		being the north corner of said J-V Marble tract;
535	542		THENCE, with the common line of said Schkade tract and said
536	543		Fitzpatrick Bar X tract, the following two (2) courses and
537	544		distances:
538	545		1. N42°00'37"E, a distance of 273.36 feet to a 1/2-inch iron
539	546		rod found for an interior ell-corner hereof, and
540	547		2. N47°54'43"W, a distance of 150.55 feet to a 1-inch iron
541	548		rod found for an angle point hereof, said point being at the east
542	549		corner of a 2.994 acre tract conveyed to the City of Austin in
543	550		Document No. 2012014510 (O.P.R.T.C.T.), and being the north corner
544	551		of said Schkade tract;
545	552		THENCE, with the northeast line of said City of Austin tract
546	553		and the southwest line of said Fitzpatrick Bar X tract, N47°27'44"W,
547	554		a distance of 165.11 feet to a 1-inch iron rod found for an angle
548	555		point hereof, said point being at the northeast terminus of the
549	556		right-of-way of Patton Lane (25' right-of-way, dedicated in
550	557		Bergstrom Downs No. 1, recorded in Volume 5, Page 2 of the Plat
551	558		Records of Travis County, Texas (P.R.T.C.T.)), and being at the
552	559		north corner of said City of Austin tract;
553	560		THENCE, with the southwest line of said Fitzpatrick Bar X
554	561		tract, in part with the northern terminus of said Patton Lane, in
555	562		part with the northeast line of Lot 13, Block 5 of said Bergstrom
556	563		Down No. 1, and in part with the northeast line of a called 21.233
557	564		acre tract conveyed to Bruce Anton in Volume 13071, Page 1645
558	565		(R.P.R.T.C.T.), N47°40'09"W, passing at a distance of 25.03 feet, a
559	566		1/2-inch iron pipe found, passing at a distance of 168.62 feet, a
560	567		1/2-inch iron rod found, and continuing for a total distance of
561	568		516.22 feet to a 1/2-inch iron pipe found for an angle point hereof,
562	569		said point being at the east corner of a called 20.56 acre tract
563	570		conveyed to the ZZV Trust in Document No. 2012221563
564	571		(O.P.R.T.C.T.), and being the north corner of said Anton tract;
565	572		THENCE, with the northeast line of the ZZV Trust tract and the
566	573		southwest line of said Fitzpatrick Bar X tract, N47°27'34"W, a
567	574		distance of 1,611.25 feet to a 1/2-inch iron rod with "4Ward
568	575		Boundary" cap set for the southwest corner hereof, said point being
569	576		in the east right-of-way line of Thompson Lane (right-of-way
570	577		varies), and being at the north corner of said ZZV tract;
571	578		THENCE, with the east right-of-way line of said Thompson Lane
572	579		and the west line of said Fitzpatrick Bar X tract, the following
573	580		three (3) courses and distances:
574	581		1. N41°12'11"E, a distance of 513.45 feet to a 1/2-inch iron
575	582		pipe found for an angle point hereof,
576	583		2. N08°08'06"E, a distance of 62.88 feet to a 1/2-inch iron
577	584		pipe found for an angle point hereof, and
578	585		3. N00°44'13"W, a distance of 1,330.76 feet to a 1/2-inch
579	586		iron rod with "4Ward Boundary" cap set for the northwest corner
580	587		hereof, said point being at the intersection of the east
581	588		right-of-way line of said Thompson Lane with the south right-of-way
582	589		line of said Hergotz Lane;
583	590		THENCE, with the south and southwest right-of-way lines of
584	591		said Hergotz Lane, and with the north and east lines of said
585	592		Fitzpatrick Bar X tract, the following six (6) courses and
586	593		distances:
587	594		1. N79°32'51"E, a distance of 469.26 feet to a 3/4-inch iron
588	595		pipe found for an angle point hereof,
589	596		2. N83°48'22"E, a distance of 513.19 feet to a 1/2-inch iron
590	597		rod found for an angle point hereof,
591	598		3. N84°35'14"E, a distance of 1,239.77 feet to a 3/4-inch
592	599		iron pipe found for a point of curvature hereof,
593	600		4. Along the arc of a curve to the right, having an arc
594	601		length of 147.98 feet, having a radius of 204.60 feet, and a chord
595	602		that bears S71°32'06"E, a distance of 144.77 feet to a 1/2-inch iron
596	603		pipe found for a point of non-tangency hereof,
597	604		5. S44°12'22"E, a distance of 84.28 feet to a 60D nail found
598	605		for an angle point hereof, and
599	606		6. S47°40'40"E, a distance of 2,934.71 feet to a 1/2-inch
600	607		iron rod found for an angle point hereof, said point being the
601	608		common north corner of said Bailey Ranch tract and said Yeats tract;
602	609		THENCE, continuing with the southwest right-of-way line of
603	610		said Hergotz Lane, with the northeast line of said Bailey Ranch
604	611		tract, in part with the northeast line of said Fitzpatrick Bar X
605	612		tract, S47°36'25"E, a distance of 1,396.48 feet to the POINT OF
606	613		BEGINNING, and containing 382.5693 acres (16,664,720 square feet)
607	614		more or less.
608	615		"PARCEL 3" - (Central Tract)
609	616		BEING A DESCRIPTION OF a 162.4222 acres (7,075,112 square
610	617		foot) tract of land out of the Santiago del Valle Grant, Abstract
611	618		No. 24, Travis County, Texas, and being all of a called 162.50 acre
612	619		tract conveyed to Bailey Ranch Holdings, L.P., in Document
613	620		No. 2005171964 of the Official Public Records of Travis County,
614	621		Texas (O.P.R.T.C.T.), said tract being previously described as a
615	622		162.50 acre tract in a deed to Thelma Bolm Yeates et al. in Volume
616	623		5000, Page 2364 of the Deed Records of Travis County, Texas
617	624		(D.R.T.C.T.), said 162.4222 acres being more particularly
618	625		described by metes and bounds as follows:
619	626		BEGINNING, at a 1/2-inch iron pipe found in the southwest
620	627		right-of-way line of Ramirez Lane (right-of-way varies), and being
621	628		at the north corner of a called 29.807 acre tract conveyed to
622	629		APAC-Texas, Inc., in Document No. 2011018691 (O.P.R.T.C.T.), and
623	630		being the east corner of said Bailey Ranch tract, for the east
624	631		corner and POINT OF BEGINNING hereof, from which a 1/2-inch iron rod
625	632		found at an angle point in the southwest right-of-way line of said
626	633		Ramirez Lane, and being an east corner of said APAC-Texas tract
627	634		bears, S47°37'26"E, a distance of 635.21 feet;
628	635		THENCE, leaving the southwest right-of-way line of said
629	636		Ramirez Lane, with the southeast line of said Bailey Ranch tract, in
630	637		part with the northwest line of said APAC-Texas tract, in part with
631	638		the northwest line of a called 10.039 acre tract conveyed to
632	639		Hergotz, LLC, in Document No. 2019004534 (O.P.R.T.C.T.), in part
633	640		with the northwest line of a called 1.761 acre tract conveyed to
634	641		Antonio Suarez Aguirre et al. in Document No. 2008193608
635	642		(O.P.R.T.C.T.), in part with the northwest line of a called 3.231
636	643		acre tract conveyed to Charly Sarkadi in Document No. 2004035575
637	644		(O.P.R.T.C.T.), and in part with the northwest line of a called
638	645		14.826 acre tract conveyed to APAC-Texas, Inc., in Document
639	646		No. 2011018688 (O.P.R.T.C.T.), S42°54'27"W, passing at a distance
640	647		of 926.78 feet, a 1/2-inch iron rod found, passing at a distance of
641	648		2,504.97 feet, a calculated point, from which calculated point a
642	649		1/2-inch iron rod with "5687" cap found bears, N56°14'08"E, a
643	650		distance of 3.53 feet, and also from said calculated point a
644	651		1/2-inch iron pipe found at the record north corner of said Aguirre
645	652		tract bears, N48°13'15"W, a distance of 6.93 feet, passing at a
646	653		distance of 2,815.18 feet, a 1/2-inch iron pipe found at the common
647	654		north corner of said Sarkadi tract and said 14.826 acre APAC-Texas
648	655		tract, and continuing for a total distance of 3,741.68 feet to a
649	656		1/2-inch iron pipe found for the south corner hereof, said point
650	657		being in the northeast right-of-way line of Hergotz Lane
651	658		(right-of-way varies) and being the west corner of said 14.826 acre
652	659		APAC-Texas tract, and being the south corner of said Bailey Ranch
653	660		tract, from which a 5/8-inch iron rod found at the beginning of the
654	661		curving right-of-way transition from said Hergotz Lane to said
655	662		Ramirez Lane, and being a south corner of said 14.826 acre
656	663		APAC-Texas tract bears, S47°38'16"E, a distance of 565.48 feet;
657	664		THENCE, with the northeast right-of-way line of said Hergotz
658	665		Lane and the southwest line of said Bailey Ranch tract, N47°38'16"W,
659	666		a distance of 1,841.32 feet to a 5/8-inch iron rod found for a west
660	667		corner hereof, said point being at the beginning of the
661	668		right-of-way transition from said Hergotz Lane to Edwin Lane
662	669		(right-of-way varies);
663	670		THENCE, with the right-of-way transition from said Hergotz
664	671		Lane to said Edwin Lane, and with the west line of said Bailey Ranch
665	672		tract, N05°17'20"W, a distance of 66.80 feet to a 3/4-inch iron pipe
666	673		found for a west corner hereof, said point being at the end the
667	674		right-of-way transition from said Hergotz Lane to said Edwin Lane;
668	675		THENCE, with the southeast right-of-way line of said Edwin
669	676		Lane and the northwest line of said Bailey Ranch tract, N42°57'11"E,
670	677		a distance of 3,654.59 feet to a 1/2-inch iron pipe found for a
671	678		north corner hereof, said point being at the beginning of the
672	679		right-of-way transition from said Edwin Lane to said Ramirez Lane;
673	680		THENCE, with the right-of-way transition from said Edwin Lane
674	681		to said Ramirez Lane, and with the north line of said Bailey Ranch
675	682		tract, N87°54'06"E, a distance of 70.83 feet to a 1/2-inch iron pipe
676	683		found for a north corner hereof, said point being at the end of the
677	684		right-of-way transition from said Edwin Lane to said Ramirez Lane;
678	685		THENCE, with the southwest right-of-way line of said Ramirez
679	686		Lane and the northeast line of said Bailey Ranch tract, S47°24'15"E,
680	687		a distance of 1,838.08 feet to the POINT OF BEGINNING, and
681	688		containing 162.4222 acres (7,075,112 square feet) more or less.
682	689		"PARCEL 4" - (East Tract)
683	690		BEING A DESCRIPTION OF a 767.2590 acres (33,421,803 square
684	691		foot) tract of land out of the Santiago del Valle Grant, Abstract
685	692		No. 24, Travis County, Texas, and being all of a called 400.173 acre
686	693		tract (described as tract two) conveyed to Fitzpatrick Bar X Ranch,
687	694		L.P., in Document Nos. 2011023927, 2011023928 and 2012046374 of the
688	695		Official Public Records of Travis County, Texas (O.P.R.T.C.T.), a
689	696		portion of said 400.173 acre tract being described as a called 17.40
690	697		acre tract conveyed to Thelma Bolm Yeates and Mary Ann Bailey in
691	698		Document No. 2003155937 (O.P.R.T.C.T.), and being all of a called
692	699		366.305 acre tract conveyed to Bailey Ranch Holdings, L.P., in
693	700		Document No. 2005171964 of the Official Public Records of Travis
694	701		County, Texas (O.P.R.T.C.T.), said tract being previously
695	702		described as a 366.305 acre tract in a deed to Thelma Bolm Yeates et
696	703		al. in Volume 5146, Page 1838 of the Deed Records of Travis County,
697	704		Texas (D.R.T.C.T.), said 767.2590 acres being more particularly
698	705		described by metes and bounds as follows:
699	706		BEGINNING, at a 3/4-inch iron pipe found at the beginning of
700	707		the right-of-way transition from Hergotz Lane (right-of-way
701	708		varies) to Ramirez Lane (right-of-way varies), and being a west
702	709		corner of said Bailey Ranch 366.305 acre tract, for a west corner
703	710		and POINT OF BEGINNING hereof;
704	711		THENCE, with the right-of-way transition from said Hergotz
705	712		Lane to said Ramirez Lane, and with the west line of said Bailey
706	713		Ranch 366.305 acre tract, N00°10'13"W, a distance of 69.04 feet to a
707	714		3/4-inch iron pipe found for an angle point hereof, said point being
708	715		at the end of the right-of-way transition from said Hergotz Lane to
709	716		said Ramirez Lane;
710	717		THENCE, with the southeast right-of-way line of said Ramirez
711	718		Lane and the northwest line of said Bailey Ranch 366.305 acre tract,
712	719		N42°35'28"E, a distance of 1,281.25 feet to a 1/2-inch iron rod
713	720		found for an angle point hereof, said point being at the common west
714	721		corner of said Bailey Ranch 366.305 acre tract and said Fitzpatrick
715	722		Bar X Ranch Tract Two;
716	723		THENCE, with the southeast right-of-way line of said Ramirez
717	724		Lane and the northwest line of said Fitzpatrick Bar X Ranch Tract
718	725		Two, N42°04'37"E, a distance of 765.26 feet to a 1/2-inch iron rod
719	726		with "4Ward Boundary" cap set for an angle point hereof, said point
720	727		being a corner in the southeast right-of-way line of said Ramirez
721	728		lane, and being a southwest corner of a called 96.580 acre tract
722	729		conveyed to Earth Reclamation, Ltd., in Document No. 2004035838
723	730		(O.P.R.T.C.T.), and being an angle point in the west line of said
724	731		Fitzpatrick Bar X Ranch Tract Two;
725	732		THENCE, leaving the southeast right-of-way line of said
726	733		Ramirez Lane, with the common line of said Earth Reclamation tract
727	734		and said Fitzpatrick Bar X Ranch Tract Two, the following eight (8)
728	735		courses and distances:
729	736		1. N42°28'53"E, a distance of 579.18 feet to a 1/2-inch iron
730	737		rod with "4Ward Boundary" cap set for an exterior ell-corner
731	738		hereof,
732	739		2. S47°48'52"E, a distance of 652.51 feet to a 1/2-inch iron
733	740		rod found for an interior ell-corner hereof,
734	741		3. N42°32'50"E, a distance of 1,249.08 feet to a 1/2-inch
735	742		iron rod with "4Ward Boundary" cap set for an angle point hereof,
736	743		4. N42°31'25"E, a distance of 4,406.00 feet to a 1/2-inch
737	744		iron rod found for an angle point hereof,
738	745		5. N43°45'59"E, a distance of 81.58 feet to a 1/2-inch iron
739	746		rod found for an angle point hereof,
740	747		6. N40°09'40"E, a distance of 63.58 feet to a 1/2-inch iron
741	748		rod with "4Ward Boundary" cap set for an angle point hereof,
742	749		7. N42°55'11"E, a distance of 254.42 feet to a 1/2-inch iron
743	750		rod found for an angle point hereof, and
744	751		8. N48°03'31"E, a distance of 83.13 feet to a calculated
745	752		point for the northwest corner hereof, said point being at the
746	753		record south bank of the Colorado River, and being the common north
747	754		corner of said Earth Reclamation tract and said Fitzpatrick Bar X
748	755		Ranch Tract Two;
749	756		THENCE, with the south and west bank of the Colorado River and
750	757		its meanders, and with the north and east line of said Fitzpatrick
751	758		Bar X Ranch Tract Two, and in part with the east line of said Yeates
752	759		17.40 acre tract, the following seventeen (17) courses and
753	760		distances:
754	761		1. S84°06'14"E, a distance of 187.53 feet to a calculated
755	762		point for an angle point hereof,
756	763		2. S83°40'29"E, a distance of 335.93 feet to a calculated
757	764		point for an angle point hereof,
758	765		3. S86°17'29"E, a distance of 303.33 feet to a calculated
759	766		point for an angle point hereof,
760	767		4. S87°19'14"E, a distance of 309.73 feet to a calculated
761	768		point for an angle point hereof,
762	769		5. N84°55'46"E, a distance of 126.79 feet to a calculated
763	770		point for an angle point hereof,
764	771		6. N84°39'31"E, a distance of 532.36 feet to a calculated
765	772		point for an angle point hereof,
766	773		7. N73°10'31"E, a distance of 413.33 feet to a calculated
767	774		point for an angle point hereof,
768	775		8. S73°57'29"E, a distance of 481.77 feet to a calculated
769	776		point for an angle point hereof,
770	777		9. S63°04'29"E, a distance of 248.96 feet to a calculated
771	778		point for an angle point hereof,
772	779		10. S09°49'29"E, a distance of 412.39 feet to a calculated
773	780		point for an angle point hereof,
774	781		11. S05°17'29"E, a distance of 611.32 feet to a calculated
775	782		point for an angle point hereof,
776	783		12. S03°51'29"E, a distance of 348.04 feet to a calculated
777	784		point for an angle point hereof,
778	785		13. S06°40'31"W, a distance of 321.10 feet to a calculated
779	786		point for an angle point hereof,
780	787		14. S16°07'31"W, a distance of 604.24 feet to a calculated
781	788		point for an angle point hereof,
782	789		15. S19°58'31"W, a distance of 217.01 feet to a calculated
783	790		point for an angle point hereof,
784	791		16. S24°57'31"W, a distance of 297.76 feet to a calculated
785	792		point for an angle point hereof, and
786	793		17. S29°56'59"W, a distance of 367.43 feet to a calculated
787	794		point for an angle point hereof, said point being at the northeast
788	795		corner of said 366.305 acre Bailey Ranch tract, and being the
789	796		southeast corner of said Fitzpatrick Bar X Ranch Tract Two and said
790	797		Yeates 17.40 acre tract;
791	798		THENCE, continuing with the west bank of the Colorado River
792	799		and its meanders, and with the east line of said Bailey Ranch
793	800		366.305 acre tract, the following nine (9) courses and distances:
794	801		1. S29°39'46"W, a distance of 86.10 feet to a calculated
795	802		point for an angle point hereof,
796	803		2. S28°37'46"W, a distance of 433.71 feet to a calculated
797	804		point for an angle point hereof,
798	805		3. S28°32'46"W, a distance of 391.84 feet to a calculated
799	806		point for an angle point hereof,
800	807		4. S37°22'46"W, a distance of 449.07 feet to a calculated
801	808		point for an angle point hereof,
802	809		5. S33°20'46"W, a distance of 560.61 feet to a calculated
803	810		point for an angle point hereof,
804	811		6. S43°36'46"W, a distance of 564.76 feet to a calculated
805	812		point for an angle point hereof,
806	813		7. S40°54'46"W, a distance of 313.93 feet to a calculated
807	814		point for an angle point hereof,
808	815		8. S45°52'46"W, a distance of 431.48 feet to a calculated
809	816		point for an angle point hereof, and
810	817		9. S69°21'46"W, a distance of 487.42 feet to a calculated
811	818		point for an angle point hereof, said point being at the southeast
812	819		corner of a called 53.85 acre tract conveyed to Bailey Ranch
813	820		Holdings, L.P., et al, in Document No. 2005171962 (O.P.R.T.C.T.,
814	821		said tract being a portion of a 891 acre tract described in Volume
815	822		601, Page 320 (D.R.T.C.T.)),
816	823		THENCE, leaving the west bank of the Colorado River, with the
817	824		common line of said Bailey Ranch 53.85 acre and 366.305 tracts, the
818	825		following six (6) courses and distances:
819	826		1. N38°45'39"W, passing at a distance of 75.00 feet, a
820	827		1/2-inch iron rod with "4Ward Boundary" cap set for reference, and
821	828		continuing for a total distance of 583.85 feet to a 1/2-inch iron
822	829		rod found for an angle point hereof,
823	830		2. N43°26'39"W, a distance of 422.83 feet to a 1/2-inch iron
824	831		rod found for an angle point hereof,
825	832		3. N44°18'39"W, a distance of 371.63 feet to a 1/2-inch iron
826	833		rod found for an angle point hereof,
827	834		4. N44°06'07"W, a distance of 516.85 feet to a 1/2-inch iron
828	835		rod found for an angle point hereof,
829	836		5. S58°07'46"W, a distance of 1269.60 feet to a 1/2-inch iron
830	837		rod found for an angle point hereof, and
831	838		6. S32°07'14"E, passing at a distance of 1,351.73 feet, a
832	839		1/2-inch iron rod with "4Ward Boundary" cap set for reference, and
833	840		continuing for a total distance of 1405.73 feet to a calculated
834	841		point for an angle point hereof, said point being at the record west
835	842		bank of the Colorado River;
836	843		THENCE, with the west bank of the Colorado River and its
837	844		meanders, and with the east line of said Bailey Ranch 366.305 acre
838	845		tract, the following seven (7) courses and distances:
839	846		1. S77°19'20"W, a distance of 216.14 feet to a calculated
840	847		point for an angle point hereof,
841	848		2. S79°08'20"W, a distance of 229.37 feet to a calculated
842	849		point for an angle point hereof,
843	850		3. S67°13'20"W, a distance of 489.25 feet to a calculated
844	851		point for an angle point hereof,
845	852		4. S73°38'20"W, a distance of 595.62 feet to a calculated
846	853		point for an angle point hereof,
847	854		5. S78°11'20"W, a distance of 720.28 feet to a calculated
848	855		point for an angle point hereof,
849	856		6. S61°31'20"W, a distance of 585.87 feet to a calculated
850	857		point for an angle point hereof, and
851	858		7. S68°38'20"W, a distance of 494.12 feet to a calculated
852	859		point for an angle point hereof, said point being the east corner of
853	860		a called 61.412 acre tract conveyed to Cumberland & Western
854	861		Resources, LLC, in Document No. 2007028772 (O.P.R.T.C.T.), and
855	862		being the southeast corner of said Bailey Ranch 366.305 acre tract;
856	863		THENCE, leaving the west bank of the Colorado River, with the
857	864		common line of Cumberland & Western tract and said Bailey Ranch
858	865		366.305 acre tract, N48°03'16"W, passing at a distance of 164.19
859	866		feet, a 60D nail found, and continuing for a total distance of
860	867		958.20 feet to a 3/4-inch iron pipe found for an angle point hereof,
861	868		said point being at the northeast terminus of said Hergotz Lane, and
862	869		being the north corner of said Cumberland & Western tract, from
863	870		which a 1/2-inch iron rod found at the southeast terminus of said
864	871		Hergotz Lane, and being at the east corner of a called 19.78 acre
865	872		tract conveyed to Brenton Harris Johnson in Document No. 2017193174
866	873		(O.P.R.T.C.T.), and being an angle point in the northwest line of
867	874		said Cumberland & Western tract bears, S45°29'14"W, a distance of
868	875		175.32 feet;
869	876		THENCE, with the northeast right-of-way line of said Hergotz
870	877		Lane and the southwest line of said Bailey Ranch 366.305 acre tract,
871	878		the following two (2) courses and distances:
872	879		1. S78°41'22"W, a distance of 154.66 feet to a 3/4-inch iron
873	880		pipe found for an angle point hereof, and
874	881		2. N47°46'26"W, a distance of 1,150.11 feet to the POINT OF
875	882		BEGINNING, and containing 767.2590 acres (33,421,803 square feet)
876	883		more or less.
877	884		SECTION 3. (a) The legal notice of the intention to
878	885		introduce this Act, setting forth the general substance of this
879	886		Act, has been published as provided by law, and the notice and a
880	887		copy of this Act have been furnished to all persons, agencies,
881	888		officials, or entities to which they are required to be furnished
882	889		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
883	890		Government Code.
884	891		(b) The governor, one of the required recipients, has
885	892		submitted the notice and Act to the Texas Commission on
886	893		Environmental Quality.
887	894		(c) The Texas Commission on Environmental Quality has filed
888	895		its recommendations relating to this Act with the governor, the
889	896		lieutenant governor, and the speaker of the house of
890	897		representatives within the required time.
891	898		(d) All requirements of the constitution and laws of this
892	899		state and the rules and procedures of the legislature with respect
893	900		to the notice, introduction, and passage of this Act are fulfilled
894	901		and accomplished.
895	902		SECTION 4. This Act takes effect immediately if it receives
896	903		a vote of two-thirds of all the members elected to each house, as
897	904		provided by Section 39, Article III, Texas Constitution. If this
898	905		Act does not receive the vote necessary for immediate effect, this
899	906		Act takes effect September 1, 2021.
900		-	______________________________ ______________________________
901		-	President of the Senate Speaker of the House
902		-	I certify that H.B. No. 4650 was passed by the House on May
903		-	14, 2021, by the following vote: Yeas 103, Nays 42, 2 present, not
904		-	voting.
905		-	______________________________
906		-	Chief Clerk of the House
907		-	I certify that H.B. No. 4650 was passed by the Senate on May
908		-	27, 2021, by the following vote: Yeas 29, Nays 2.
909		-	______________________________
910		-	Secretary of the Senate
911		-	APPROVED: _____________________
912		-	Date
913		-	_____________________
914		-	Governor
	907	+	* * * * *