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Texas Senate Bill SB2225

Texas 2021 - 87th Regular

Texas Senate Bill SB2225 Compare Versions

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1+87R21497 CXP-F
12 By: Eckhardt S.B. No. 2225
2- (In the Senate - Filed April 26, 2021; April 27, 2021, read
3- first time and referred to Committee on Local Government;
4- May 19, 2021, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 9, Nays 0; May 19, 2021,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 2225 By: Eckhardt
93
104
115 A BILL TO BE ENTITLED
126 AN ACT
13- relating to the Cottonwood Creek Development District, the
14- district's authority to issue bonds, and the district's authority
15- to impose assessments, fees, and taxes.
7+ relating to the Cottonwood Creek Development District.
168 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
179 SECTION 1. The district created by Travis County as the
1810 Cottonwood Creek Water Control and Improvement District No. 3 is
1911 renamed the Cottonwood Creek Development District.
2012 SECTION 2. Subtitle X, Title 6, Special District Local Laws
2113 Code, is amended by adding Chapter 11016 to read as follows:
2214 CHAPTER 11016. COTTONWOOD CREEK DEVELOPMENT DISTRICT
2315 SUBCHAPTER A. GENERAL PROVISIONS
2416 Sec. 11016.0101. DEFINITIONS. In this chapter:
2517 (1) "Board" means the district's board of directors.
26- (2) "County" means Travis County.
27- (3) "Director" means a board member.
28- (4) "District" means the Cottonwood Creek Development
29- District.
30- Sec. 11016.0102. NATURE OF DISTRICT. The Cottonwood Creek
31- Development District is a special district created under Section
32- 59, Article XVI, Texas Constitution.
33- Sec. 11016.0103. PURPOSE; DECLARATION OF INTENT. (a) The
34- creation of the district is essential to accomplish the purposes of
35- Sections 52 and 52-a, Article III, and Section 59, Article XVI,
36- Texas Constitution, and other public purposes stated in this
37- chapter.
38- (b) By creating the district and in authorizing the county
39- and other political subdivisions to contract with the district, the
40- legislature has established a program to accomplish the public
41- purposes set out in Section 52-a, Article III, Texas Constitution.
42- (c) The creation of the district is necessary to promote,
43- develop, encourage, and maintain employment, commerce,
44- transportation, housing, tourism, recreation, the arts,
45- entertainment, economic development, safety, and the public
46- welfare in the district.
47- (d) This chapter and the creation of the district may not be
48- interpreted to relieve the county from providing the level of
49- services provided as of the effective date of the Act enacting this
50- chapter to the area in the district. The district is created to
51- supplement and not to supplant county services provided in the
52- district.
53- Sec. 11016.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
54- (a) All land and other property included in the district will
55- benefit from the improvements and services to be provided by the
56- district under powers conferred by Sections 52 and 52-a, Article
57- III, and Section 59, Article XVI, Texas Constitution, and other
58- powers granted under this chapter.
59- (b) The district is created to serve a public use and
60- benefit.
18+ (2) "Director" means a board member.
19+ (3) "District" means the Cottonwood Creek Development
20+ District created by Travis County as the Cottonwood Creek Water
21+ Control and Improvement District No. 3.
22+ (4) "District system" means a water, sewer, drainage,
23+ waste disposal, or other utility system, an improvement project, a
24+ road project, or any other project authorized by the district under
25+ this chapter.
26+ Sec. 11016.0102. NATURE OF DISTRICT. The district is a
27+ special district created under Section 59, Article XVI, Texas
28+ Constitution.
29+ Sec. 11016.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
30+ (a) The district is created to serve a public use and benefit.
31+ (b) All land and other property included in the district
32+ will benefit from the improvements and services to be provided by
33+ the district under powers conferred by Sections 48-e, 52, and 52-a,
34+ Article III, and Section 59, Article XVI, Texas Constitution, and
35+ other powers granted under this chapter.
6136 (c) The creation of the district is in the public interest
6237 and is essential to further the public purposes of:
6338 (1) developing and diversifying the economy of the
6439 state;
65- (2) eliminating unemployment and underemployment; and
40+ (2) eliminating unemployment and underemployment;
6641 (3) developing or expanding transportation and
67- commerce.
68- (d) The district will:
69- (1) promote the health, safety, and general welfare of
70- residents, employers, potential employees, employees, visitors,
71- and consumers in the district, and of the public;
72- (2) provide needed funding for the district to
73- preserve, maintain, and enhance the economic health and vitality of
74- the district territory as a community and business center;
75- (3) promote the health, safety, welfare, and enjoyment
76- of the public by providing pedestrian ways and by landscaping and
77- developing certain areas in the district, which are necessary for
78- the restoration, preservation, and enhancement of scenic beauty;
79- and
80- (4) provide for water, wastewater, drainage, road, and
81- recreational facilities for the district.
82- (e) Pedestrian ways along or across a street, whether at
83- grade or above or below the surface, and street lighting, street
84- landscaping, parking, and street art objects are parts of and
85- necessary components of a street and are considered to be a street
86- or road improvement.
87- (f) The district will not act as the agent or
88- instrumentality of any private interest even though the district
89- will benefit many private interests as well as the public.
90- Sec. 11016.0105. INITIAL DISTRICT TERRITORY. (a) The
91- district is initially composed of the territory described by
92- Section 3 of the Act enacting this chapter.
42+ commerce;
43+ (4) promoting, developing, and encouraging
44+ recreation; and
45+ (5) promoting and maintaining safety and the public
46+ welfare.
47+ (d) This chapter is enabling legislation enacted to further
48+ the public purposes under Section 52-a, Article III, Texas
49+ Constitution. By authorizing the district to exercise the powers
50+ conferred by this chapter and in authorizing other political
51+ subdivisions to contract with the district, the legislature has
52+ established a program to accomplish those public purposes.
53+ Sec. 11016.0104. TERRITORY ADDED. (a) The district is
54+ composed of the territory described by Section 3 of the Act creating
55+ this chapter as of the effective date of that Act.
9356 (b) The boundaries and field notes contained in Section 3 of
94- the Act enacting this chapter form a closure. A mistake in the
57+ the Act creating this chapter form a closure. A mistake made in the
9558 field notes or in copying the field notes in the legislative process
9659 does not affect the district's:
9760 (1) organization, existence, or validity;
98- (2) right to issue any type of bonds for the purposes
61+ (2) right to issue any type of bond for the purposes
9962 for which the district is created or to pay the principal of and
100- interest on the bonds;
101- (3) right to impose or collect an assessment or tax; or
63+ interest on a bond;
64+ (3) right to impose a tax; or
10265 (4) legality or operation.
103- Sec. 11016.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL
104- ZONES. All or any part of the area of the district is eligible to be
105- included in:
66+ (c) The territory described in Section 3 of the Act creating
67+ this chapter is excluded from the extraterritorial jurisdiction of
68+ any municipality if the territory is located more than five miles
69+ beyond the corporate limits of the municipality as of the effective
70+ date of the Act creating this chapter.
71+ Sec. 11016.0105. ELIGIBILITY FOR INCLUSION IN SPECIAL
72+ ZONES. (a) All or any part of the area of the district is eligible
73+ to be included in:
10674 (1) a tax increment reinvestment zone created under
107- Chapter 311, Tax Code; or
75+ Chapter 311, Tax Code;
10876 (2) a tax abatement reinvestment zone created under
109- Chapter 312, Tax Code.
110- Sec. 11016.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
111- DISTRICTS LAW. Except as otherwise provided by this chapter,
112- Chapter 375, Local Government Code, applies to the district.
113- Sec. 11016.0108. CONSTRUCTION OF CHAPTER. This chapter
114- shall be liberally construed in conformity with the findings and
115- purposes stated in this chapter.
77+ Chapter 312, Tax Code; or
78+ (3) an enterprise zone created under Chapter 2303,
79+ Government Code.
80+ (b) If any portion of the district is included in a tax
81+ increment reinvestment zone described by Subsection (a), the board
82+ of directors of the zone, by contract with the district, may grant
83+ money to the district to be used for a permissible purpose of a
84+ corporation under Section 380.002(b), Local Government Code,
85+ including the right to pledge the money as security for a bond,
86+ note, or other obligation of the district.
87+ Sec. 11016.0106. CONFLICT OF LAWS. To the extent of any
88+ conflict or inconsistency between this chapter and any other law,
89+ this chapter controls.
90+ Sec. 11016.0107. SUFFICIENT AUTHORITY FOR ACTIONS. This
91+ chapter is wholly sufficient authority for powers authorized by
92+ this chapter, including powers for the issuance of bonds, the
93+ pledge of revenue, taxes, or any combination of revenue and taxes,
94+ and the performance of any other act or procedure authorized by this
95+ chapter, without reference to any other law or any restriction or
96+ limitation contained in another law.
97+ Sec. 11016.0108. LIBERAL CONSTRUCTION OF CHAPTER. This
98+ chapter shall be liberally construed in conformity with the
99+ findings and purposes stated in this chapter.
116100 SUBCHAPTER B. POWERS AND DUTIES
117- Sec. 11016.0201. GENERAL POWERS AND DUTIES. The district
118- has the powers and duties necessary to accomplish the purposes for
119- which the district is created.
120- Sec. 11016.0202. IMPROVEMENT PROJECTS AND SERVICES. (a)
121- The district, using any money available to the district for the
122- purpose, may provide, design, construct, acquire, improve,
123- relocate, operate, maintain, or finance an improvement project or
124- service authorized under this chapter or Chapter 375, Local
101+ Sec. 11016.0201. GENERAL WATER DISTRICT POWERS AND DUTIES.
102+ The district has the duties imposed by this chapter and the powers
103+ provided by the general laws relating to conservation and
104+ reclamation districts created under Section 59, Article XVI, Texas
105+ Constitution, including Chapters 49, 51, and 54, Water Code.
106+ Sec. 11016.0202. GENERAL ROAD DISTRICT POWERS. The
107+ district has the duties imposed by this chapter and the powers
108+ provided by the general laws relating to road districts and road
109+ utility districts created under Section 52, Article III, Texas
110+ Constitution, including Chapter 441, Transportation Code.
111+ Sec. 11016.0203. ADDITIONAL SPECIFIC AUTHORITY FOR ROAD
112+ PROJECTS. Under Section 52, Article III, Texas Constitution, the
113+ district may acquire, construct, operate, and maintain
114+ macadamized, graveled, or paved roads and turnpikes, including
115+ programs and facilities in aid of those roads.
116+ Sec. 11016.0204. GENERAL MUNICIPAL AND COUNTY POWERS
117+ RELATED TO PUBLIC IMPROVEMENT DISTRICTS. The district has the
118+ duties provided by this chapter and the powers provided to a
119+ municipality or county under Subchapter A, Chapter 372, Local
125120 Government Code.
126- (b) The district may contract with a governmental or private
127- entity to carry out an action under Subsection (a).
128- (c) The implementation of a district project or service is a
129- governmental function or service for the purposes of Chapter 791,
121+ Sec. 11016.0205. GENERAL DEVELOPMENT CORPORATION POWERS.
122+ The district has the duties provided by this chapter and the powers
123+ provided to a corporation under Subtitle C1, Title 12, Local
130124 Government Code.
131- Sec. 11016.0203. NONPROFIT CORPORATION. (a) The board by
132- resolution may authorize the creation of a nonprofit corporation to
133- assist and act for the district in implementing a project or
134- providing a service authorized by this chapter.
135- (b) The nonprofit corporation:
136- (1) has each power of and is considered to be a local
137- government corporation created under Subchapter D, Chapter 431,
138- Transportation Code; and
139- (2) may implement any project and provide any service
140- authorized by this chapter.
141- (c) The board shall appoint the board of directors of the
142- nonprofit corporation. The board of directors of the nonprofit
143- corporation shall serve in the same manner as the board of directors
144- of a local government corporation created under Subchapter D,
145- Chapter 431, Transportation Code, except that a board member is not
146- required to reside in the district.
147- Sec. 11016.0204. LAW ENFORCEMENT SERVICES. To protect the
148- public interest, the district may contract with a qualified party,
149- including the county, to provide law enforcement services in the
150- district for a fee.
151- Sec. 11016.0205. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
152- The district may join and pay dues to a charitable or nonprofit
153- organization that performs a service or provides an activity
154- consistent with the furtherance of a district purpose.
155- Sec. 11016.0206. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
156- district may engage in activities that accomplish the economic
157- development purposes of the district.
125+ Sec. 11016.0206. GENERAL COUNTY DEVELOPMENT DISTRICT
126+ POWERS. The district has the duties provided by this chapter and
127+ the powers provided to a county under Chapter 383, Local Government
128+ Code.
129+ Sec. 11016.0207. GENERAL MUNICIPAL AND COUNTY AIRPORT
130+ POWERS. The district has the duties provided by this chapter and
131+ the powers provided to a municipality or a county under Chapter 22,
132+ Transportation Code.
133+ Sec. 11016.0208. ADDITIONAL MUNICIPAL AND COUNTY AIRPORT
134+ ZONING POWERS. The district has the duties provided by this chapter
135+ and the powers provided to a municipality or a county under Chapter
136+ 241, Local Government Code.
137+ Sec. 11016.0209. FIRE PROTECTION AND EMERGENCY MANAGEMENT
138+ SERVICES. The district may provide, operate, or regulate fire
139+ protection and emergency management services for improvements in
140+ the district.
141+ Sec. 11016.0210. IMPROVEMENT PROJECTS AND SERVICES. (a)
142+ The district may provide, construct, acquire, improve, operate, or
143+ maintain an improvement project or contract with a governmental or
144+ private entity to provide an improvement project described by
145+ Subsection (b).
146+ (b) An improvement project means:
147+ (1) a project described by Subchapter C, Chapter 501,
148+ Local Government Code; and
149+ (2) an airport or air navigation facility, as defined
150+ by Section 22.001, Transportation Code.
151+ (c) The district may accept federal or state money for an
152+ improvement project.
153+ (d) The district may exercise the powers related to
154+ improvement projects outside the district to connect an improvement
155+ project to a larger system, including water and sewer lines, and
156+ roads.
157+ Sec. 11016.0211. GENERAL POWERS REGARDING CONTRACTS. (a)
158+ The district may:
159+ (1) contract with any person to accomplish any
160+ district purpose, including a contract for:
161+ (A) the payment, repayment, or reimbursement of
162+ costs incurred by that person on behalf of the district, including
163+ all or part of the costs of a district system; or
164+ (B) the use, occupancy, lease, rental,
165+ operation, maintenance, or management of all or part of a district
166+ system; and
167+ (2) apply for and contract with any person to receive,
168+ administer, and perform a district duty under a federal, state,
169+ local, or private gift, grant, loan, conveyance, transfer, bequest,
170+ or other financial assistance arrangement relating to the
171+ investigation, planning, analysis, study, design, acquisition,
172+ construction, improvement, completion, implementation, or
173+ operation by the district or others of a district system.
174+ (b) A contract the district enters into to carry out a
175+ purpose of this chapter may be on any terms and for any period the
176+ board determines.
177+ (c) Any person may contract with the district to carry out
178+ the purposes of this chapter without further statutory or other
179+ authorization.
180+ Sec. 11016.0212. RULES; ENFORCEMENT. (a) The district may
181+ adopt rules:
182+ (1) to administer or operate the district;
183+ (2) for the use, enjoyment, availability, protection,
184+ security, and maintenance of the district's facilities and other
185+ property; or
186+ (3) to provide for public safety and security in the
187+ district.
188+ (b) The district may enforce its rules by injunctive relief.
189+ (c) The district may not adopt a rule that applies outside
190+ the district or enforce a rule outside the district.
191+ Sec. 11016.0213. NAME CHANGE. The board by resolution may
192+ change the district's name.
193+ Sec. 11016.0214. USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA
194+ OF DISTRICT. (a) The board by rule may regulate the private use of
195+ a public roadway, open space, park, sidewalk, or similar public
196+ area in the district. To the extent the district rules conflict
197+ with a rule, order, ordinance, or regulation of a municipality, the
198+ rule, order, ordinance, or regulation of the municipality controls.
199+ A rule may provide for the safe and orderly use of public roadways,
200+ open spaces, parks, sidewalks, and similar public areas or
201+ facilities.
202+ (b) The board may require a permit for a parade,
203+ demonstration, celebration, entertainment event, or similar
204+ nongovernmental activity in or on a public roadway, open space,
205+ park, sidewalk, or similar public area or facility owned by the
206+ district. The board may charge a fee for the permit application or
207+ for public safety or security services in an amount the board
208+ considers necessary.
209+ (c) The board may require a permit or franchise agreement
210+ with a vendor, concessionaire, exhibitor, or similar private or
211+ commercial person or organization for the limited use of the area or
212+ facility owned by the district on terms and on payment of a permit
213+ or franchise fee the board may impose.
214+ Sec. 11016.0215. ADDING OR REMOVING TERRITORY. As provided
215+ by Subchapter J, Chapter 49, Water Code, the board may add territory
216+ to the district, subject to Section 54.016, Water Code, or remove
217+ territory from the district, except that:
218+ (1) the addition or removal of the territory must be
219+ approved by the owners of the territory being added or removed;
220+ (2) a reference to a tax in Subchapter J, Chapter 49,
221+ or Section 54.016, Water Code, means a property tax; and
222+ (3) territory may not be removed from the district if
223+ bonds or other obligations of the district payable wholly or partly
224+ from property taxes or assessments levied or assessed on the
225+ territory are outstanding.
226+ Sec. 11016.0216. ECONOMIC DEVELOPMENT. (a) The district may
227+ engage in activities that accomplish the economic development
228+ purposes of the district.
158229 (b) The district may establish and provide for the
159- administration of one or more programs to promote state or local
160- economic development and to stimulate business and commercial
161- activity in the district, including programs to:
162- (1) make loans and grants of public money; and
163- (2) provide district personnel and services.
230+ administration of one or more programs to develop and diversify the
231+ state economy, eliminate unemployment or underemployment in the
232+ state, and develop and expand transportation or commerce in the
233+ state, including programs to:
234+ (1) make loans and grants of public money, including
235+ money from bond proceeds or other borrowed sources;
236+ (2) reimburse costs of any district system; and
237+ (3) provide district personnel and services.
164238 (c) The district may create economic development programs
165- and exercise the economic development powers provided to
166- municipalities by:
167- (1) Chapter 380, Local Government Code; and
168- (2) Subchapter A, Chapter 1509, Government Code.
169- Sec. 11016.0207. PARKING FACILITIES. (a) The district may
170- acquire, lease as lessor or lessee, construct, develop, own,
171- operate, and maintain parking facilities or a system of parking
172- facilities, including lots, garages, parking terminals, or other
173- structures or accommodations for parking motor vehicles off the
174- streets and related appurtenances.
175- (b) The district's parking facilities serve the public
176- purposes of the district and are owned, used, and held for a public
177- purpose even if leased or operated by a private entity for a term of
178- years.
179- (c) The district's parking facilities are parts of and
180- necessary components of a street and are considered to be a street
181- or road improvement.
182- (d) The development and operation of the district's parking
183- facilities may be considered an economic development program.
184- Sec. 11016.0208. ADDING OR EXCLUDING LAND. The district
185- may add or exclude land in the manner provided by Subchapter J,
186- Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
187- Sec. 11016.0209. DISBURSEMENTS AND TRANSFERS OF MONEY. The
188- board by resolution shall establish the number of directors'
189- signatures and the procedure required for a disbursement or
190- transfer of district money.
191- Sec. 11016.0210. NO EMINENT DOMAIN POWER. The district may
192- not exercise the power of eminent domain.
193- SUBCHAPTER C. ASSESSMENTS
194- Sec. 11016.0301. PETITION REQUIRED FOR FINANCING SERVICES
195- AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
196- service or improvement project with assessments under this chapter
197- unless a written petition requesting that service or improvement
198- has been filed with the board.
199- (b) A petition filed under Subsection (a) must be signed by
200- the owners of a majority of the assessed value of real property in
201- the district subject to assessment according to the most recent
202- certified tax appraisal roll for the county.
203- Sec. 11016.0302. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
204- The board by resolution may impose and collect an assessment for any
205- purpose authorized by this chapter in all or any part of the
206- district.
239+ and exercise the economic development powers that:
240+ (1) Chapter 1503, Government Code, provides to a
241+ municipality;
242+ (2) Subchapter A, Chapter 1509, Government Code,
243+ provides to a municipality;
244+ (3) Chapter 380, Local Government Code, provides to a
245+ municipality with a population of more than 100,000; and
246+ (4) Chapter 501, Local Government Code, provides to a
247+ unit.
248+ Sec. 11016.0217. DEVELOPMENT AGREEMENT. (a) The district
249+ may enter into a development agreement for a term not to exceed 50
250+ years with any combination of the following persons:
251+ (1) a developer of property in the district;
252+ (2) a municipality;
253+ (3) a county; or
254+ (4) any other political subdivision.
255+ (b) The parties to the agreement may amend the agreement.
256+ (c) The agreement may provide that all or part of the money
257+ available to a political subdivision to be used for an authorized
258+ purpose of that subdivision be paid to the district to accomplish
259+ that purpose.
260+ (d) If the agreement is with a municipality, the agreement
261+ may provide that land in the district will not be annexed by that
262+ municipality before the 50th anniversary of the date of the
263+ agreement.
264+ Sec. 11016.0218. ELECTIONS. (a) An election held under
265+ this chapter must comply, to the extent appropriate, with
266+ Subchapter D, Chapter 49, Water Code.
267+ (b) The board may call an election to vote on any measure.
268+ (c) A bond or property tax election under Section
269+ 11016.0307, a contract election under Section 11016.0503, or any
270+ other election held in the district may be held at the same time and
271+ in conjunction with any other election.
272+ (d) If the constitution of this state requires an election
273+ to permit any action authorized by this chapter, including bond
274+ issuance or the execution of an agreement, the district shall order
275+ an election to authorize the action.
276+ Sec. 11016.0219. APPLICABILITY OF LOCAL STATE OF DISASTER
277+ LAW. For purposes of Section 418.108, Government Code, the
278+ district is a political subdivision.
279+ Sec. 11016.0220. INAPPLICABILITY OF CERTAIN WATER DISTRICT
280+ LAW TO IMPROVEMENT PROJECTS AND ROAD PROJECTS. Section 49.182,
281+ Water Code, does not apply to a district improvement project or a
282+ road project.
283+ Sec. 11016.0221. LIMIT ON POWERS OUTSIDE THE DISTRICT.
284+ Except as provided by Section 11016.0210(d), the district may not
285+ exercise any power outside the district, including the power of
286+ eminent domain.
287+ SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
288+ Sec. 11016.0301. BORROWING MONEY. The district may borrow
289+ money for a district purpose by issuing or executing bonds, notes,
290+ credit agreements, or other obligations of any kind found by the
291+ board to be necessary or appropriate for a district purpose. The
292+ bond, note, credit agreement, or other obligation must be secured
293+ by and payable from any combination of property taxes, assessments,
294+ or other district revenue.
295+ Sec. 11016.0302. PAYMENT OF COSTS. The district may
296+ provide or secure the payment of any cost related to the
297+ establishment, administration, and operation of the district and
298+ the district's costs or share of the costs or revenue of a district
299+ system or district contractual obligation or debt, including bonds,
300+ notes, or other obligations, through:
301+ (1) the imposition of a property or sales tax or an
302+ assessment, user fee, concession fee, or rental charge;
303+ (2) a lease installment purchase contract or other
304+ agreement with any person, including any governmental entity; or
305+ (3) any other revenue or resources of the district, or
306+ other revenue.
307+ Sec. 11016.0303. ASSESSMENTS. (a) The district may impose
308+ an assessment on property in the district to pay the cost or the
309+ cost of maintenance of any authorized district system in the manner
310+ provided for:
311+ (1) a district under Subchapters A, E, and F, Chapter
312+ 375, Local Government Code; or
313+ (2) a municipality or county under Subchapter A,
314+ Chapter 372, Local Government Code.
207315 (b) An assessment, a reassessment, or an assessment
208316 resulting from an addition to or correction of the assessment roll
209317 by the district, penalties and interest on an assessment or
210318 reassessment, an expense of collection, and reasonable attorney's
211319 fees incurred by the district:
212320 (1) are a first and prior lien against the property
213- assessed;
321+ assessed; and
214322 (2) are superior to any other lien or claim other than
215- a lien or claim for county, school district, or municipal ad valorem
216- taxes; and
217- (3) are the personal liability of and a charge against
218- the owners of the property even if the owners are not named in the
219- assessment proceedings.
220- (c) The lien is effective from the date of the board's
221- resolution imposing the assessment until the date the assessment is
222- paid. The board may enforce the lien in the same manner that the
223- board may enforce an ad valorem tax lien against real property.
224- (d) The board may make a correction to or deletion from the
225- assessment roll that does not increase the amount of assessment of
226- any parcel of land without providing notice and holding a hearing in
227- the manner required for additional assessments.
228- SUBCHAPTER D. TAXES AND BONDS
229- Sec. 11016.0401. TAX ELECTION REQUIRED. The district must
230- hold an election in the manner provided by Chapter 49, Water Code,
231- or, if applicable, Chapter 375, Local Government Code, to obtain
232- voter approval before the district may impose an ad valorem tax.
233- Sec. 11016.0402. OPERATION AND MAINTENANCE TAX. (a) If
234- authorized by a majority of the district voters voting at an
235- election under Section 11016.0401, the district may impose an
236- operation and maintenance tax on taxable property in the district
237- in the manner provided by Section 49.107, Water Code, for any
238- district purpose, including to:
239- (1) maintain and operate the district;
240- (2) construct or acquire improvements; or
241- (3) provide a service.
242- (b) The board shall determine the operation and maintenance
243- tax rate. The rate may not exceed the rate approved at the
244- election.
245- Sec. 11016.0403. AUTHORITY TO BORROW MONEY AND TO ISSUE
246- BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
247- terms determined by the board.
248- (b) The district may issue bonds, notes, or other
249- obligations payable wholly or partly from ad valorem taxes,
250- assessments, impact fees, revenue, contract payments, grants, or
251- other district money, or any combination of those sources of money,
252- to pay for any authorized district purpose.
253- (c) The limitation on the outstanding principal amount of
254- bonds, notes, or other obligations provided by Section 49.4645,
255- Water Code, does not apply to the district.
256- Sec. 11016.0404. BONDS SECURED BY REVENUE OR CONTRACT
257- PAYMENTS. The district may issue, without an election, bonds
258- secured by:
259- (1) revenue other than ad valorem taxes, including
260- contract revenues; or
261- (2) contract payments, provided that the requirements
262- of Section 49.108, Water Code, have been met.
263- Sec. 11016.0405. BONDS SECURED BY AD VALOREM TAXES;
264- ELECTIONS. (a) If authorized at an election under Section
265- 11016.0401, the district may issue bonds payable from ad valorem
323+ a lien or claim for county, school district, or municipal property
266324 taxes.
267- (b) Section 375.243, Local Government Code, does not apply
268- to the district.
269- (c) At the time the district issues bonds payable wholly or
270- partly from ad valorem taxes, the board shall provide for the annual
271- imposition of a continuing direct annual ad valorem tax, without
272- limit as to rate or amount, for each year that all or part of the
273- bonds are outstanding as required and in the manner provided by
274- Sections 54.601 and 54.602, Water Code.
275- (d) All or any part of any facilities or improvements that
276- may be acquired by a district by the issuance of its bonds may be
277- submitted as a single proposition or as several propositions to be
278- voted on at the election.
279- Sec. 11016.0406. CONSENT OF MUNICIPALITY REQUIRED. (a)
280- The board may not issue bonds until each municipality in whose
281- corporate limits or extraterritorial jurisdiction the district is
282- located has consented by ordinance or resolution to the creation of
283- the district and to the inclusion of land in the district.
284- (b) This section applies only to the district's first
285- issuance of bonds payable from ad valorem taxes.
286- SUBCHAPTER I. DISSOLUTION
287- Sec. 11016.0901. DISSOLUTION. (a) The board shall
288- dissolve the district on written petition filed with the board by
289- the owners of:
290- (1) 66 percent or more of the assessed value of the
291- property subject to assessment by the district based on the most
292- recent certified county property tax rolls; or
293- (2) 66 percent or more of the surface area of the
294- district, excluding roads, streets, highways, utility
295- rights-of-way, other public areas, and other property exempt from
296- assessment by the district according to the most recent certified
297- county property tax rolls.
298- (b) The board by majority vote may dissolve the district at
299- any time.
300- (c) The district may not be dissolved by its board under
301- Subsection (a) or (b) if the district:
302- (1) has any outstanding bonded indebtedness until that
303- bonded indebtedness has been repaid or defeased in accordance with
304- the order or resolution authorizing the issuance of the bonds;
305- (2) has a contractual obligation to pay money until
306- that obligation has been fully paid in accordance with the
307- contract; or
308- (3) owns, operates, or maintains public works,
309- facilities, or improvements unless the district contracts with
310- another person for the ownership, operation, or maintenance of the
311- public works, facilities, or improvements.
312- (d) Sections 375.261, 375.262, and 375.264, Local
313- Government Code, do not apply to the district.
325+ Sec. 11016.0304. IMPACT FEES. The district may impose an
326+ impact fee on property in the district, including an impact fee on
327+ residential or commercial property, only in the manner provided by
328+ Subchapter A, Chapter 372, or Subchapter F, Chapter 375, Local
329+ Government Code, for a municipality or county.
330+ Sec. 11016.0305. USER CHARGES. The district may establish
331+ user charges related to the operation of a district facility,
332+ including a district system.
333+ Sec. 11016.0306. COSTS OF JOINT DISTRICT SYSTEMS. The
334+ district may undertake jointly with other persons, including any
335+ governmental entity, all or part of the cost of a district system,
336+ including a district system:
337+ (1) intended for improving, enhancing, and supporting
338+ public safety and security, fire protection and emergency medical
339+ services, and law enforcement in and adjacent to the district; and
340+ (2) that confers a general benefit on the entire
341+ district or a special benefit on a definable part of the district.
342+ Sec. 11016.0307. ELECTIONS REGARDING TAXES OR BONDS; ROAD
343+ PROJECTS. (a) The district may issue, without an election, bonds
344+ and other obligations secured by revenue other than property taxes.
345+ (b) The district must hold an election to obtain voter
346+ approval before the district may impose a property tax or issue
347+ bonds payable from property taxes.
348+ (c) The district may not issue bonds payable from property
349+ taxes to finance a road project unless the issuance is approved by a
350+ vote of a two-thirds majority of the district voters voting at an
351+ election held for that purpose.
352+ Sec. 11016.0308. UTILITY PROPERTY EXEMPT FROM IMPACT FEES
353+ AND ASSESSMENTS. The district may not impose an impact fee or
354+ assessment on the property, including the equipment, and facilities
355+ of a public utility provider.
356+ SUBCHAPTER D. BONDS
357+ Sec. 11016.0401. GENERAL AUTHORITY TO ISSUE BONDS;
358+ APPLICABILITY OF OTHER BOND LAW. (a) The district may issue bonds,
359+ notes, or other obligations as provided by Chapters 49 and 51, Water
360+ Code, the general laws of this state, or this subchapter.
361+ (b) The district may exercise any power of an issuer under
362+ Chapter 1371, Government Code.
363+ Sec. 11016.0402. BONDS AND OTHER OBLIGATIONS. (a) In
364+ exercising the district's borrowing power, the district may issue a
365+ bond or other obligation in the form of a bond, note, certificate of
366+ participation, bond enhancement agreement, credit agreement or
367+ loan agreement, or other instrument evidencing a proportionate
368+ interest in payments to be made by the district, or other type of
369+ obligation. The bonds may be issued by competitive bid or
370+ negotiated sale bonds, notes, or other obligations payable wholly
371+ or partly from any combination of taxes, sales taxes, or
372+ assessments.
373+ (b) In addition to assessments in the manner described by
374+ Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
375+ Government Code, district bonds may be secured and made payable,
376+ wholly or partly, by a pledge of any part of the net proceeds the
377+ district receives from any other district revenue.
378+ Sec. 11016.0403. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
379+ the time bonds or other obligations payable wholly or partly from
380+ property taxes are issued:
381+ (1) the board shall impose a continuing direct annual
382+ property tax for each year that all or part of the bonds are
383+ outstanding; and
384+ (2) the district annually shall impose a property tax
385+ on all taxable property in the district in an amount sufficient to:
386+ (A) pay the interest on the bonds or other
387+ obligations as the interest becomes due;
388+ (B) create a sinking fund for the payment of the
389+ principal of the bonds or other obligations when due or the
390+ redemption price at any earlier required redemption date;
391+ (C) pay the expenses of imposing the taxes; and
392+ (D) pay any other cost associated with the bonds
393+ or other obligations.
394+ Sec. 11016.0404. BOND MATURITY. Bonds may mature not more
395+ than 40 years from their date of issue.
396+ Sec. 11016.0405. BONDS FOR ROAD PROJECTS; LIMIT. (a) At
397+ the time of issuance, the total principal amount of bonds or other
398+ obligations issued or incurred to finance road projects and payable
399+ from property taxes may not exceed one-fourth of the assessed value
400+ of the real property in the district.
401+ (b) The limitation described by Section 49.4645, Water
402+ Code, does not apply to the outstanding principal amount for bonds
403+ or other obligations issued to finance parks and recreational
404+ facilities, including any improvement projects for that purpose.
405+ Sec. 11016.0406. MORTGAGE OF DISTRICT SYSTEM FOR BONDS.
406+ The district may grant a lien on any part of the physical property
407+ of a district system to secure the repayment of bonds or other
408+ obligations, subject to a previous pledge under this chapter.
409+ Sec. 11016.0407. INAPPLICABILITY OF CERTAIN WATER DISTRICT
410+ LAWS TO BONDS. Sections 49.181, 49.183, and 50.107, Water Code, do
411+ not apply to district bonds.
412+ SUBCHAPTER E. TAXES
413+ Sec. 11016.0501. PROPERTY TAX AUTHORIZED. The district may
414+ impose a property tax on all taxable property in the district to pay
415+ for any cost of a district system, including debt service or any
416+ cost associated with financing a district system.
417+ Sec. 11016.0502. MAINTENANCE AND OPERATION TAX. The
418+ district may impose a property tax for maintenance and operation
419+ purposes, including for:
420+ (1) planning, constructing, acquiring, maintaining,
421+ repairing, and operating all district systems, including land,
422+ plants, works, facilities, improvements, appliances, and equipment
423+ of the district; and
424+ (2) paying costs of services, engineering and legal
425+ fees, and organization and administrative expenses.
426+ Sec. 11016.0503. CONTRACT TAXES; ELECTION. (a) In
427+ accordance with Section 49.108, Water Code, the district may make
428+ payments under a contract from taxes other than operation and
429+ maintenance taxes after the provisions of the contract have been
430+ approved by a majority of the district voters voting at an election
431+ held for that purpose.
432+ (b) A contract approved by the district voters may contain a
433+ provision stating that the contract may be modified or amended by
434+ the board without further voter approval.
435+ Sec. 11016.0504. TAX ABATEMENT. The district may enter
436+ into a tax abatement agreement in accordance with the general laws
437+ of this state authorizing and applicable to a tax abatement
438+ agreement by a municipality.
439+ Sec. 11016.0505. USE OF SURPLUS MAINTENANCE AND OPERATION
440+ TAX MONEY. If the district has surplus maintenance and operation
441+ tax money that is not needed for the purposes for which it was
442+ collected, the money may be used for any authorized purpose.
443+ SUBCHAPTER F. NONPROFIT CORPORATION
444+ Sec. 11016.0601. CREATION OF NONPROFIT CORPORATION. The
445+ board by resolution may create one or more nonprofit corporations
446+ to act for the district.
447+ Sec. 11016.0602. APPLICABILITY OF NONPROFIT AND
448+ DEVELOPMENT CORPORATION LAW. (a) The Texas Nonprofit Corporation
449+ Law, as described by Section 1.008, Business Organizations Code,
450+ applies to a corporation created under this subchapter.
451+ (b) Except as provided by Subsection (c), the corporation
452+ may exercise any power of a corporation under Subtitle C1, Title 12,
453+ Local Government Code.
454+ (c) Only the following provisions of Chapter 501, Local
455+ Government Code, apply to the corporation:
456+ (1) Section 501.002(17);
457+ (2) Section 501.052;
458+ (3) Section 501.053;
459+ (4) Section 501.056;
460+ (5) Sections 501.057(b) and (c);
461+ (6) Section 501.058;
462+ (7) Section 501.062;
463+ (8) Section 501.063;
464+ (9) Section 501.064, except as that section relates to
465+ amending the corporation's bylaws;
466+ (10) Section 501.065;
467+ (11) Section 501.066;
468+ (12) Section 501.068;
469+ (13) Section 501.069;
470+ (14) Section 501.070;
471+ (15) Section 501.071;
472+ (16) Section 501.072;
473+ (17) Subchapters G and H; and
474+ (18) Subchapter I, except Section 501.407.
475+ Sec. 11016.0603. BOND POWERS. (a) A corporation created
476+ under this subchapter has the same powers as the district to issue
477+ bonds and other obligations payable by revenue.
478+ (b) As security for the payment of any bonds or other
479+ obligations issued by a corporation, the corporation may:
480+ (1) mortgage a corporation project, or revenue from a
481+ project, including:
482+ (A) a refinanced project;
483+ (B) a project that has been enlarged; and
484+ (C) a project owned before or acquired after the
485+ time of the mortgage;
486+ (2) assign a mortgage or security conveyed to the
487+ corporation to secure a loan made by the corporation; and
488+ (3) pledge the revenue and receipts from the assigned
489+ mortgage or security.
490+ (c) For a bond, note, or other obligation, the board of
491+ directors of the nonprofit corporation may exercise the powers
492+ granted to the governing body of an issuer under Chapter 1371,
493+ Government Code.
494+ Sec. 11016.0604. RECIPROCAL ARRANGEMENTS. The district and
495+ a corporation created under this subchapter may:
496+ (1) share officers, directors, employees, equipment,
497+ and facilities; and
498+ (2) provide goods or services to each other at cost
499+ without the requirement of competitive bidding.
500+ Sec. 11016.0605. BOARD OF DIRECTORS. (a) The district
501+ shall appoint the directors of a corporation created under this
502+ subchapter.
503+ (b) A member of the district board may serve as a member of
504+ the board of the corporation.
505+ Sec. 11016.0606. OVERSIGHT. (a) The district must approve
506+ the budget of a corporation created under this subchapter.
507+ (b) The district board shall review and supervise the
508+ corporation's activities.
509+ (c) The district board must approve a bond or other
510+ obligation issued by the corporation.
511+ Sec. 11016.0607. GUARANTEE AND OTHER CREDIT SUPPORT
512+ RELATING TO PUBLIC SECURITIES AND OTHER OBLIGATIONS. (a) In this
513+ section, "public security" has the meaning assigned by Section
514+ 1202.001, Government Code.
515+ (b) Under Section 52-a, Article III, Texas Constitution,
516+ the district may guarantee or otherwise provide credit support for
517+ any public security or other obligation or contract of a
518+ corporation created under this subchapter, if the district board
519+ determines that the guarantee or other credit agreement:
520+ (1) is beneficial to a public purpose of the district;
521+ and
522+ (2) is for the public purpose of:
523+ (A) the development and diversification of the
524+ economy of the state;
525+ (B) the elimination of unemployment or
526+ underemployment in the state; or
527+ (C) the development or expansion of commerce in
528+ the state.
529+ (c) A determination by the district board under Subsection
530+ (b) is conclusive.
531+ (d) A guarantee or other credit agreement authorized by
532+ Subsection (b) may provide for the guarantee of or other credit
533+ support for public securities or other obligations or contracts of
534+ the corporation, all or a portion of which may be authorized,
535+ executed, and delivered in the future.
536+ (e) Chapter 1202, Government Code, applies to a guarantee or
537+ other credit agreement under this section as if the guarantee or
538+ other credit agreement were a public security.
539+ SUBCHAPTER G. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
540+ Sec. 11016.0701. DIVISION OF DISTRICT; REQUIREMENTS. (a)
541+ At any time before the district issues debt secured by property
542+ taxes, the district may be divided into two or more new districts.
543+ (b) A new district created by division of the district must
544+ be at least 100 acres.
545+ (c) The board may consider a proposal to divide the district
546+ on:
547+ (1) a petition of a landowner in the district; or
548+ (2) a motion by the board.
549+ (d) If the board decides to divide the district, the board
550+ shall:
551+ (1) set the terms of the division, including names for
552+ the new districts and a plan for the payment or performance of any
553+ outstanding district obligations; and
554+ (2) prepare a metes and bounds description for each
555+ proposed district.
556+ Sec. 11016.0702. ELECTION FOR DIVISION OF DISTRICT. (a)
557+ After the board has complied with Section 11016.0701, the board
558+ shall hold an election in the district to determine whether the
559+ district should be divided as proposed.
560+ (b) The board shall give notice of the election not later
561+ than the 35th day before the date of the election. The notice must
562+ state:
563+ (1) the date and location of the election; and
564+ (2) the proposition to be voted on.
565+ (c) If a majority of the votes cast are in favor of the
566+ division:
567+ (1) the district is divided; and
568+ (2) not later than the 30th day after the date of the
569+ election, the district shall provide written notice of the division
570+ to the Texas Commission on Environmental Quality.
571+ (d) If a majority of the votes cast are not in favor of the
572+ division, the district is not divided.
573+ Sec. 11016.0703. ELECTION OF DIRECTORS OF NEW DISTRICTS.
574+ (a) Not later than the 90th day after the date of an election in
575+ favor of the division of the district, the board shall:
576+ (1) appoint itself as the board of one of the new
577+ districts; and
578+ (2) appoint five directors for each of the other new
579+ districts.
580+ (b) Directors appointed under Subsection (a)(1) serve the
581+ staggered terms to which they were elected in the original
582+ district. Directors appointed under Subsection (a)(2) serve until
583+ the election for directors under Subsection (c).
584+ (c) On the uniform election date in May of the first
585+ even-numbered year after the year in which the directors are
586+ appointed, the appointed board shall hold an election to elect five
587+ directors in each district for which directors were appointed under
588+ Subsection (a)(2). The directors shall draw lots to determine
589+ which two shall serve until the next regularly scheduled election
590+ of directors and which three shall serve until the second regularly
591+ scheduled election of directors.
592+ Sec. 11016.0704. CONTINUING POWERS AND OBLIGATIONS OF NEW
593+ DISTRICTS. (a) Each new district may incur and pay debts and has
594+ all powers of the original district created by this chapter.
595+ (b) If the district is divided as provided by this
596+ subchapter, the current obligations and any bond authorizations of
597+ the district are not impaired. Debts shall be paid by revenue or by
598+ taxes or assessments imposed on real property in the district as if
599+ the district had not been divided or by contributions from each new
600+ district as stated in the terms set by the board under Section
601+ 11016.0701(d).
602+ (c) Any other district obligation is divided pro rata among
603+ the new districts on an acreage basis or on other terms that are
604+ satisfactory to the new districts.
605+ Sec. 11016.0705. CONTRACT AUTHORITY OF NEW DISTRICTS. The
606+ new districts may contract with each other for any matter the boards
607+ of the new districts consider appropriate.
314608 SECTION 3. The Cottonwood Creek Development District
315- initially includes all territory contained in the following area:
609+ includes all the territory contained in the former Cottonwood Creek
610+ Water Control and Improvement District No. 3 and the territory
611+ contained in the following area:
316612 LEGAL DESCRIPTION OF TRACT 1: BEING A 333.016 ACRE TRACT OF LAND
317613 LYING IN AND BEING SITUATED OUT OF THE JOHN B. WALTERS 1/2 LEAGUE,
318614 ABSTRACT 67, ALL IN BASTROP COUNTY, TEXAS AND ALL OF THAT CERTAIN
319615 332.16 ACRE TRACT OF LAND CONVEYED TO DAVID C. McFARLAND AND WIFE,
320616 ANN L. McFARLAND AND TO JOHN B. McFARLAND AND WIFE, JILL S.
321617 McFARLAND BY DEED RECORDED IN VOLUME 1591, PAGE 792, OF THE DEED
322618 RECORDS OF BASTROP COUNTY, TEXAS; SAID 333.016 ACRE TRACT BEING
323619 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
324620 BEGINNING at an 1/2" iron rod set in the southwesterly right-of-way
325621 (80') line of F.M. Highway 969 for the east corner hereof and said
326622 332.16 acre tract and the north corner of that certain 120.411 acre
327623 tract of land conveyed to Gladys Ott Smith by will recorded in
328624 Volume 1167, Page 332 of said deed records;
329625 THENCE S 29°36'25" W, passing an iron rod set for reference at a
330626 distance of 1892.00 feet, passing an iron rod set for reference at a
331627 distance of 2339.00 feet, passing an iron rod set for reference at a
332628 distance of 7995.00 feet and continuing for a total distance of
333629 8338.55 feet to a calculated point at the bank of the Colorado River
334630 for the southerly corner hereof:
335631 THENCE upstream with the bank of the Colorado River the following
336632 ten (10) calls:
337633 1. S. 68°05'46" W a distance of 15.71 feet;
338634 2. S 70°41'19" W a distance of 210.13 feet;
339635 3. S 72°18'11" W a distance of 319.41 feet;
340636 4. S 76°33'49"
341637 5. S 75°1 902"
342638 6. S 72°1 5'30"
343639 7. S 76°40'54"
344640 8. S 74°29'04"
345641 9. N 89°26'l 6"
346642 10. N 77°18'06" W a distance of 234.11 feet to the westerly corner
347643 of said 332.19 acre tract and the southerly corner of that certain
348644 730.604 acre tract of land conveyed to David McFarland and Ann L.
349645 McFarland by deed recorded in Volume 802, Page 648 of said deed
350646 records;
351647 THENCE with the common line of said tracts the following eleven (11)
352648 calls;
353649 1. N 22°14'26" E a distance of 150.57 feet to an angle point;
354650 2. N 30°58'19" E a distance of 512.26 feet to an angle point;
355651 3. N 28°40'38" E a distance of 661.87 feet to an angle point;
356652 4. N 31°34'34" E a distance of 356.38 feet to an angle point;
357653 5. N 30°15'17" E a distance of 1609.17 feet to an angle point;
358654 6. N 30°08'09" E a distance of 956.68 feet to an angle point;
359655 7. N 30°19'48" E a distance of 1602.84 feet to an angle point;
360656 8. N 30°37'25" E a distance of 1614.59 feet to an angle point;
361657 9. N 30°44'51" E a distance of 1726.19 feet to an angle point;
362658 10. N 30°02'04" E a distance of 412.63 feet to an angle point;
363659 11. N 31°06'04" E a distance of 764.32 feet to a point on the
364660 curving southwesterly right-of-way (80') line of F.M. Highway 969
365661 for the northerly corner hereof and easterly corner of said 730.604
366662 acre tract;
367663 THENCE along said right-of-way line the following three (3) calls:
368664 1. a length of 302.29 feet along the arc of said curving line to
369665 the left having a radius of 2905.07 feet and a chord bearing S
370666 35°40'17" E a distance of 302.16 feet to an iron rod set for
371667 endpoint;
372668 2. S 38°27'50" E a distance of 670.86 feet to a concrete
373669 right-of-way monument found (broken) for angle point;
374670 3. S 38°24'38" E a distance of 609.51 feet to the POINT OF BEGINNING
375671 for TRACT 1, containing 333.016 acres of land, more or less.
376672 LEGAL DESCRIPTION OF TRACT 2: BEING A 712.931 ACRE TRACT OF LAND
377673 LYING IN AND BEING SITUATED OUT OF THE MARTIN WELLS LEAGUE, ABSTRACT
378674 68 AND THE JOHN B. WALTERS 1/2 LEAGUE, ABSTRACT 67, ALL IN BASTROP
379675 COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 730.604 ACRE TRACT
380676 OF LAND CONVEYED TO DAVID McFARLAND AND ANN L. McFARLAND BY DEED
381677 RECORDED IN VOLUME 802, PAGE 648 OF THE DEED RECORDS OF BASTROP
382678 COUNTY, TEXAS; SAID 712.931 ACRE TRACT BEING MORE PARTICULARLY
383679 DESCRIBED AS FOLLOWS:
384680 BEGINNING at an iron rod set on the southwesterly right-of-way
385681 (100') line of F.M. Highway 969 for the northerly corner hereof and
386682 said 730.604 acre tract and the easterly corner of that portion of
387683 that certain 568.24 acre tract of land, lying southwesterly of F.M.
388684 Highway 969, conveyed to James Robert Glass by deed recorded in
389685 Volume 815, Page 212 of said deed records;
390686 THENCE along said right-of-way line the following three (3) calls:
391687 1. S 42°03'46" E a distance of 604.42 feet to a concrete
392688 right-of-way monument found for point of curvature of a curve to the
393689 right;
394690 2. a length of 1150.28 feet along the arc of said curve having a
395691 radius of 2242.02 feet and a chord bearing S 27°19' 52" E a distance
396692 of 1137.70 feet to a concrete right-of-way monument found for
397693 endpoint;
398694 3. S 12°40'40" E a distance of 434.98 feet to an iron rod set for
399695 corner;
400696 THENCE S 65°24'48" W a distance of 1035.58 feet to an iron rod set
401697 for angle point;
402698 THENCE S 06°51 '23" W a distance of 137.70 feet to an iron rod set for
403699 angle point;
404700 THENCE S 40°04'29" E a distance of 848.49 feet to an iron rod set for
405701 corner;
406702 THENCE N 58°13'34" E a distance of 718.24 feet to an iron rod set for
407703 corner on the curving southwesterly right-of-way (80') line of F.M.
408704 Highway 969;
409705 THENCE an arc length of 973.80 feet along said curving line to the
410706 left having a radius of 2905.07 feet and a chord bearing S 23°05'15"
411707 E, a distance of 969.24 feet a point for the easterly corner hereof
412708 and said 730.604 acre tract and the northerly corner of that certain
413709 332.16 acre tract of land conveyed to David McFarland and Ann L.
414710 McFarland by deed recorded in Volume 1591, Page 792 of said deed
415711 records;
416712 THENCE with the southeasterly line of said 730.604-acre tract and
417713 the northwesterly line of said 332.16-acre tract the following
418714 eleven (11) calls;
419715 1. S 31°06'04" E a distance of 764.32 feet to an angle point;
420716 2. S 30°02'04" W a distance of 412.63 feet to an angle point;
421717 3. S 30°44'51" W a distance of 1726.19 feet to an angle point;
422718 4. S 30°37'25" W a distance of 1614.59 feet to an angle point;
423719 5. S 30°19'48" W a distance of 1602.84 feet to an angle point;
424720 6. S 30°08'09" W a distance of 956.68 feet to an angle point;
425721 7. S 30°15'17" W a distance of 1609.17 feet to an angle point;
426722 8. S 31°34'34" W a distance of 356.38 feet to an angle point;
427723 9. S 28°40'38" W a distance of 661.87 feet to an angle point;
428724 10. S 30°58'19" W a distance of 512.26 feet to an angle point;
429725 11. S 22°14'26" W a distance of 150.57 feet to a calculated point on
430726 the bank of the Colorado River for the southerly corner of said
431727 730.604 acre tract and westerly corner of said 332.16 acre tract;
432728 THENCE upstream with the bank of the Colorado River the following
433729 six (6) calls:
434730 1. N 24°20'08" W a distance of 106.90 feet;
435731 2. N 32°30'02" W a distance of 142.41 feet;
436732 3. N 42°12'30" W a distance of 150.29 feet;
437733 4. N 43°37'12" W a distance of 118.46 feet;
438734 5. N 51°30'51" W a distance of 307.97 feet;
439735 6. N 60°48'22" W a distance of 134.11 feet;
440736 THENCE along an oxbow of said river and a common line with that
441737 certain 568.24-acre tract of land conveyed to James Robert Glass by
442738 deed recorded in Volume 815, Page 212 of said deed records the
443739 following eighteen (18) calls:
444740 1. N 11°25'33" E a distance of 167.37 feet to a 1/2" iron rod found
445741 for angle point;
446742 2. N 10°14'33" E a distance of 144.86 feet to a 1/2" iron rod found
447743 for angle point;
448744 3. N 18°36'33" E a distance of 141.53 feet to an iron rod set for
449745 angle point;
450746 4. N 20°25'26" E a distance of 46.08 feet to a 1/2" iron rod found
451747 for angle point;
452748 5. N 26°58'14" E a distance of 221.23 feet to a 1/2" iron rod found
453749 for angle point;
454750 6. N 23°58'15" E a distance of 41.71 feet to a 1/2" iron rod found
455751 for angle point;
456752 7. N 22°13'48" E a distance of 139.29 feet to an iron rod set for
457753 angle point;
458754 8. N 13°07'49" E a distance of 258.86 feet to an iron rod set for
459755 angle point;
460756 9. N 39°28'49" E a distance of 177.48 feet to a 1/2" iron rod found
461757 for angle point;
462758 10. N 23°04'49" E a distance of 204.45 feet to a 1/2" iron rod found
463759 for angle point;
464760 11. N 19°53'17" E a distance of 319.35 feet to a 1/2" iron rod found
465761 for angle point;
466762 12. N 01°14'18" W a distance of 341.43 feet to a 1/2" iron rod found
467763 for angle point;
468764 13. N 16°16'05" W a distance of 725.25 feet to a 1/2" iron rod found
469765 for angle point;
470766 14. N 26°04'05" W a distance of 363.54 feet to an iron rod set for
471767 angle point;
472768 15. N 31°08'03" W a distance of 99.92 feet to a 1/2" iron rod found
473769 for angle point;
474770 16. N 50°26'16" W a distance of 406.32 feet to a 1/2" iron rod found
475771 for angle point;
476772 17. N 53°23'21" W a distance of 60.55 feet to a 1/2" iron rod found
477773 for angle point;
478774 18. N 15°56'53" W a distance of 50.48 feet to a 1/2" iron rod found
479775 for a westerly corner hereof and said 730.604 acre tract;
480776 THENCE with the northwest line hereof and said 730.604-acre tract,
481777 common with said Glass tract the following eighteen (18) calls:
482778 1. N 29°33'10" E a distance of 340.46 feet to a 1/2" iron rod found
483779 for angle point;
484780 2. N 29°53'53" E a distance of 1549.29 feet to an iron rod set for
485781 angle point;
486782 3. N 29°38'56" E a distance of 1707.39 feet to an iron rod set for
487783 angle point;
488784 4. N 29°27'56" E a distance of 1615.65 feet to an iron rod set for
489785 angle point;
490786 5. N 28°58'56" E a distance of 633.34 feet to a nail in 16" Elm tree
491787 found for angle point;
492788 6. N 29°21'56" E a distance of 493.44 feet to a 1/2" iron rod found
493789 for angle point;
494790 7. N 27°30'16" E a distance of 75.97 feet to an iron rod set for
495791 angle point;
496792 8. N 29°29'31" E a distance of 302.68 feet to a 1/2" iron rod found
497793 for angle point;
498794 9. N 29°55'31" E a distance of 204.28 feet to a 1/2" iron rod found
499795 for angle point;
500796 10. N 29°17'08" E a distance of 730.72 feet to a 1/2" iron rod found
501797 for angle point;
502798 11. N 29°37'10" E a distance of 606.68 feet to a 1/2" iron rod found
503799 for angle point;
504800 12. N 33°36'44" E a distance of 118.26 feet to a 1/2" iron rod found
505801 for angle point;
506802 13. N 28°49'08" E a distance of 135.05 feet to a 1/2" iron rod found
507803 for angle point;
508804 14. N 28°37'00" E a distance of 461.78 feet to a 1/2" iron rod found
509805 for angle point;
510806 15. N 26°13'03" E a distance of 92.86 feet to a 1/2" iron rod found
511807 for angle point;
512808 16. N 40°13'32" E a distance of 46.46 feet to a nail found in 4" Elm
513809 tree for angle point;
514810 17. N 62°33'46" E a distance of 73.21 feet to a nail found in 9" Elm
515811 tree for angle point;
516812 18. N 28°19'46" E a distance of 388.67 feet to the POINT OF
517813 BEGINNING of TRACT 2, containing 712.931 acres of land, more or
518814 less.
519815 LEGAL DESCRIPTION OF TRACT 3: BEING AN 18.846 ACRE TRACT OF LAND
520816 LYING IN AND BEING SITUATED OUT OF THE MARTIN WELLS LEAGUE, ABSTRACT
521817 68 AND THE JOHN B. WALTERS 1/2 LEAGUE, ABSTRACT 67, ALL IN BASTROP
522818 COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 730.604 ACRE TRACT
523819 OF LAND CONVEYED TO DAVID C. McFARLAND AND ANN L. McFARLAND BY DEED
524820 RECORDED IN VOLUME 802, PAGE 648 OF THE DEED RECORDS OF BASTROP
525821 COUNTY, TEXAS; SAID 18.846 ACRE TRACT BEING MORE PARTICULARLY
526822 DESCRIBED AS FOLLOWS:
527823 BEGINNING at an iron rod set on the southwesterly right-of-way
528824 (100') line of F.M. Highway 969 for the northerly corner hereof and
529825 said 730.604 acre tract and the easterly corner of that portion of
530826 that certain 568.24 acre tract of land, lying southwesterly of F.M.
531827 Highway 969, conveyed to James Robert Glass by deed recorded in
532828 Volume 815, Page 212 of said deed records;
533829 THENCE along said right-of-way line the following three (3) calls:
534830 1. S 42°03'46" E a distance of 604.42 feet to a concrete
535831 right-of-way monument found for point of curvature of a curve to the
536832 right;
537833 2. a length of 1150.28 feet along the arc of said curve having a
538834 radius of 2242.02 feet and a chord bearing S 27°19'52" E a distance
539835 of 1137.70 feet to a concrete right-of-way monument found for
540836 endpoint;
541837 3. S 12°40'40" E a distance of 434.98 feet to an iron rod set for
542838 the POINT OF BEGINNING and northerly corner of the herein described
543839 18.846 acre tract;
544840 THENCE continuing with said right-of-way line the following four
545841 (4) calls:
546842 1. S 12°40'40" E a distance of 378.84 feet to a concrete monument
547843 found for an ell corner;
548844 2. N 79°35'25" E a distance of 9.76 feet to a concrete monument
549845 found for an ell corner;
550846 3. S 12°38'54" E a distance of 439.50 feet to a concrete
551847 right-of-way monument found for the beginning of a curve to the
552848 left;
553849 4. an arc length of 43.09 feet along said curve to the left having
554850 a radius of 2905.07 feet and a chord bearing S 13°03'34" E, a
555851 distance of 43.09 feet to a 1/2" iron rod set for the easterly
556852 corner hereof;
557853 THENCE crossing said 730.604-acre tract the following four (4)
558854 calls:
559855 1. S 58°13'34" W a distance of 718.24 feet to a 1/2" iron rod set
560856 for the southerly corner hereof;
561857 2. N 40°04'29" W a distance of 848.49 feet to a 1/2" iron rod set
562858 for angle point;
563859 3. N 06°51'23" E a distance of 137.70 feet to a 1/2" iron rod set
564860 for angle point;
565861 4. N 65°24'48" E a distance of 1035.58 feet to the POINT OF
566862 BEGINNING, containing 18.846 acres of land, more or less.
567863 LEGAL DESCRIPTION OF TRACT 4: BEING A 412.010 ACRE TRACT OR PARCEL
568864 OF LAND OUT OF AND BEING A PART OF THE JOHN JONES SURVEY, A-210, IN
569865 BASTROP COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT SAID TO
570866 CONTAIN 164 ACRES IN A DEED FROM MELBA L. SIMIELE TO BYRON H.
571867 SIMIELE, DATED MAY 20, 2003, RECORDED IN VOLUME 1333, PAGE 739,
572868 BASTROP COUNTY DEED RECORDS; BEING A PART OF THAT CERTAIN 49.496
573869 ACRE TRACT DESCRIBED IN A DEED FORM BILLIE JEAN KRYNIK, ET AL, TO
574870 MICKEY J. MALONE AND WIFE, VALERIE L. MALONE, RECORDED IN VOLUME
575871 722, PAGE 560, BASTROP COUNTY DEED RECORDS AND BEING ALL THAT
576872 CERTAIN 5.949 ACRE TRACT DESCRIBED IN A DEED FROM CHARLES BERT
577873 CARLISLE, ET UX, TO MICKEY J. MALONE, ET UX, RECORDED IN VOLUME 775,
578874 PAGE 611, BASTROP COUNTY DEED RECORDS AND BEING ALL OF THAT CERTAIN
579875 185.027 ACRE TRACT DESCRIBED IN A DEED FROM CHARLES BERT CARLISLE
580876 AND WILE, BENNIE R. CARLISLE, TO JOHN SABOL AND PRISCILLA BOHOT,
581877 RECORDED IN VOLUME 1394, PAGE 695, BASTROP COUNTY DEED RECORDS.
582878 SAID 164 ACRE TRACT UPON RE-SURVEY FOUND TO CONTAIN 177.476 ACRES
583879 AND SAID MALONE 5.949 ACRE AND 49.496 ACRE RESIDUE TRACT UPON
584880 RE-SURVEY FOUND TO CONTAIN 49.496 ACRES. SAID 185.027 ACRE TRACT
585881 BEING A PART OF THAT CERTAIN 166.578 ACRE TRACT AND ALL OF THAT
586882 CERTAIN 4.027 ACRE TRACT DESCRIBED IN A RECEIVERS DEED TO CHARLES
587883 BERT CARLISLE, ET UX, RECORDED IN VOLUME 677, PAGE 553, BASTROP
588884 COUNTY DEED RECORDS AND PART OF THAT CERTAIN 13.637 ACRE TRACT
589885 DESCRIBED IN A DEED FROM BILLIE JEAN SMITH KRYNIK, ET AL, TO CHARLES
590886 BERT CARLISLE, ET UX, RECORDED IN VOLUME 722, PAGE 571, BASTROP
591887 COUNTY DEED RECORDS AND ALL THAT CERTAIN 5.949 ACRE TRACT DESCRIBED
592888 IN A DEED FROM MICKEY J. MALONE, ET UX, TO CHARLES BERT CARLISLE, ET
593889 UX, RECORDED IN VOLUME 775, PAGE 620, BASTROP COUNTY DEED RECORDS.
594890 SAID SABOL 185.027 ACRE TRACT BEING RE-SURVEY BY THE UNDERSIGNED
595891 INTO TWO TRACTS OF 181.041 ACRES AND 4.027 ACRES. HEREIN DESCRIBED
596892 TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
597893 AND BOUNDS AS FOLLOWS:
598894 BEGINNING at a 5/8 inch iron rod set on the low bank of the Colorado
599895 River, the most westerly corner of that certain 18.59 acre tract
600896 described In a deed from the Veteran's Land Board of Texas to
601897 Kendall S. Thomas, et al, recorded In Volume 1224, Page 865, Bastrop
602898 County Deed Records for the most northerly corner of this tract and
603899 surveyed 177.476 acre tract.
604900 THENCE with the southwest line of the Thomas 18.59 acre tract, S 42
605901 deg. 32 min 19 sec. E, at 179.77 feet pass a 5/8 inch iron rod set
606902 for reference at a fence post, in al1 1092.23 feet to a 60d nail set
607903 In S fence corner post, an angle corner of the Thomas 18.59 acre
608904 tract and north corner of that certain 16.55 acre tract described in
609905 a deed from the Veteran's Land Board of Texas to Kendall S. Thomas,
610906 et al, recorded in Volume 729, Page 359, Bastrop County Deed Records
611907 For the east or southeast corner of this tract and surveyed 177.476
612908 acre tract.
613909 THENCE with the north or northwest line of the Thomas 16.55 acre
614910 tract and south line of the: 177.476 acre tract, S 60 deg. 41 min. 53
615911 sec. W, 828.24 feet to the west or northwest corner of same, an axle
616912 found at a fence corner, the north or northeast corner of that
617913 certain 39.981 acre tract described in a deed from Kimberly Waynell
618914 Hock, et ux, to R.L. Wyatt, III, recorded in Volume 1147, Page 235,
619915 Bastrop County Deed Records for an angle corner of this tract.
620916 THENCE with the north line of the Wyatt 39.981 acre tract and south
621917 line of the 177.476 acre tract, S 61 deg. 04 min. 05 sec. W, 1559.23
622918 feet to the northwest corner of same, a 5/8 inch iron rod round at a
623919 fence corner, the northeast corner of that certain 49.496 acre
624920 tract described in a deed from Billie Jean Smith Krynik et aI, to
625921 Mickey J. Malone, et ux, recorded In Volume 722, Page 560, Bastrop
626922 County Deed Records for an interior corner of this tract.
627923 THENCE with the southwest line of the Wyatt 39.981 acre tract and
628924 northeast line of the 49.496 acre tract, S 41 deg. 47 min. 56 sec. E,
629925 1318.00 feet to a 5/8 inch iron rod found at a fence corner in the
630926 northwest line of Pope Bend Road, the east corner of the Malone
631927 tract for an angle corner of this tract.
632928 THENCE with the northwest line of Pope Bend Road and southeast line
633929 of said 49.496 acre tract, S 48 deg. 15 mm. 21 sec. W, 1452.65 feet
634930 to a 5/8 inch iron rod found near a fence corner, the east corner of
635931 the before mentioned 5.949 acre tract described in a deed from
636932 Mickey J. Malone, et ux, to Charles Bert Carlisle, the east corner
637933 of the before mentioned 185.027 acre tract, the surveyed Malone
638934 49.496 acre tract for an angle corner of this tract.
639935 THENCE with the northwest line of Pope Bend Road and southeast line
640936 of the Carlisle 5.949 acre and before mentioned 166.578 acre tract,
641937 S 48 deg. 15 min. 21 sec. W, 379.14 feet to a 5/8 inch iron rod found
642938 at the south corner of the 5.949 acre tract and east corner of the
643939 166.578 acre tract, continuing S 47 deg. 04 min. 50 sec. W, 512.00
644940 feet; S 48 deg. 31 mm. 24 sec. W, 1087.00 feet to a 5/8 inch iron rod
645941 found at the east corner of that certain 125.364 acre tract
646942 described In a deed from the Estate of James C. Walker to Robbie R.
647943 Raemsch, et ux, recorded in Volume 677, Page 571, Bastrop County
648944 Deed Records, the most easterly south corner of the 166.578 acre
649945 tract and surveyed 181.041 acre tract for the most easterly south
650946 corner of this tract.
651947 THENCE with the northeast line of the Raemsch 125.364 acre tract and
652948 lower southwest line of the 166.578 acre tract, N 42 deg. 15 min. 18
653949 sec. W, 2131.96 feet to a leaf spring found at a fence corner, the
654950 north corner of the Raemsch 125.369 acre tract, an interior corner
655951 of the 166.578 acre tract and surveyed 181.041 acre tract for an
656952 interior corner of this tract.
657953 THENCE with the northwest line of the Raemsch 125.364 acre tract, an
658954 upper southeast line of the 166.578 acre tract, S 47 deg. 40 min. 57
659955 sec. W, 2457.09 feet to a 5/8 inch iron rod found where same
660956 intersects the center of a Ravine, an angle corner of that certain
661957 89.704 acre tract described in a deed form James Borglum to Julie
662958 Salem, recorded in Volume 709, Page 378, Bastrop County Deed
663959 Records, the most westerly south corner of the said 166.578 acre
664960 tract and surveyed 181.041 acre tract, the most westerly south
665961 corner of this tract from which a 5/8 inch iron rod found at the west
666962 corner of the Raemsch tract bears S 47 deg. 40 min. 57 sec. W, 80.04
667963 feet.
668964 THENCE with the center of said ravine, the east line of the Salem
669965 89.704 acre tract and west line of the 166.578 acre tract, N 12 deg.
670966 00 mm. 12 sec. E, 165.53 feet to a 1/2 inch iron rod found; N 22 deg.
671967 30 min. 40 sec. W, 43.05 feet to a 1/2 inch iron rod found; N 04 deg.
672968 30 min. 46 sec. E, 30.91 feet to a 1/2 inch iron rod found; N 46 deg.
673969 54 min. 46 sec. W, 78.48 feet to a 1/2 inch iron rod found; N 15 deg.
674970 28 min. 03 sec. W, 59.77 feet to a 1/2 inch iron rod found; N 59 deg.
675971 43 mm. 17 sec. W, 41.43 feet to a 1/2 inch iron rod found; N 08 deg.
676972 08 min. 31 sec. W, 54.50 feet to a 1/2 inch iron rod found; N 75 deg.
677973 55 mm. 10 sec. W, 74.92 feet to a 1/2 inch iron rod found; N 02 deg.
678974 48 min. 33 sec. W, 45.72 feet to a 1/2 inch iron rod found; N 66 deg.
679975 53 min. 01 sec. W, 37.12 feet to a 1/2 inch iron rod found; N 01 deg.
680976 33 min. 05 sec. W, 69.78 feet to a 1/2 inch iron rod found; N 28 deg.
681977 04 min. 35 sec. W, 80.75 feet to a 1/2 inch iron rod found; N 13 deg.
682978 19 min. 12 sec. W, 148.84 feet to a 1/2 inch iron rod found; N 09
683979 deg. 25 min. 37 sec. E, 89.94 feet to a 1/2 inch iron rod found; N 29
684980 deg. 42 min. 15 sec. W, 49.86 feet to a 1/2 inch iron rod found; N 08
685981 deg. 21 min. 56 sec. E, 53.01 feet to a 1/2 inch iron rod found; N 38
686982 deg. 54 min. 37 sec. W, 69.96 feet to a 1/2 inch iron rod found; N 08
687983 deg. 08 min. 10 sec. E, 95.86 feet to a 1/2 inch iron rod found; N 25
688984 deg. 10 min. 40 sec. W, 110.34 feet to a 1/2 inch iron rod found; N
689985 08 deg. 05 min. 00 sec. E, 134.44 feet to a 1/2 inch iron rod found;
690986 N 19 deg. 35 min. 44 sec W, 91.54 feet to a 1/2 inch iron rod found; N
691987 34 deg. 23 mm. 34 sec. E, 60.04 feet to a 1/2 inch iron rod found
692988 where same intersects the center of another ravine, an interior
693989 corner of the Salem 89.704 acre tract, an angle corner of the said
694990 166.578 acre tract for an angle corner of this tract.
695991 THENCE with the center of the last mentioned ravine, N 60 deg. 44
696992 min. 09 sec. E, 97.04 feet to a point for an angle corner of this
697993 tract.
698994 THENCE leaving said ravine with the common line of the Salem 87.704
699995 acre tract and said 166.578 acre tract, S 67 deg. 40 min. 43 sec. E,
700996 203.24 feet to a 60d nail found in a fence corner post; S 68 deg. 20
701997 min. 19 sec. E, 98.21 feet to a 60d nail found in a 14 inch
702998 hackberry; S 85 deg. 32min. 18 sec. E, 61.46 feet to a 60d nail found
703999 in a fence corner post; S 72 deg. 12 min. 13 sec. E, 134.57 feet to a
7041000 1/2 inch iron rod found; N 83 deg. 26 min. 21 sec. E, 173.40 feet to
7051001 a 1/2 inch iron rod found; N 25 deg. 46 min. 17 sec. E, 308.95 feet
7061002 to a fence angle post; N 13 deg. 03 min. 57 sec. E, 297.18 feet to a 4
7071003 inch mesquite; N 01 deg. 02 mm. 30 sec. E, 74.39 feet to a 60d nail
7081004 found in a 20 inch cedar; N 01 deg. 10 min. 52 sec. W, 235.42 feet to
7091005 a 60d nail found in a fence post; N 45 deg. 05 min. 55 sec W, 40.51
7101006 feet to a 60d nail found in a fence post; N 30 deg. 30 min. 06 sec. E,
7111007 45.20 feet to a 60d nail found In a fence post; N 10 deg. 08 min. 13
7121008 sec. W, 267.96 feet to a fence post; N 03 deg. 23 min. 01 sec. W,
7131009 93.78 feet to a 60d nail found in a fence post; N 10 deg. 08 min. 13
7141010 sec. W, 267.96 feet to a fence post; N 03 deg. 23 min. 01 sec, W,
7151011 93.78 feet to a 60d nail found in a 6 inch elm; N 22 deg. 11 min. 08
7161012 sec, 75.45 feet to a 60d nail found in a fence post; N 01 deg. 42
7171013 min. 11 sec. E, 231.59 feet to a 60d nail found In a 10 inch elm; N 03
7181014 deg. 57 min. 45 sec. W, 47.13 feet to a 60d nail found in a 10 inch
7191015 elm; N 02 deg. 02 min. 04 sec. F, 91.46 feet to a 5/8 inch iron rod
7201016 found where same intersects the old down fence for an angle corner
7211017 of this tract. Said point being the southwest corner of the before
7221018 mentioned 4.027 acre tract.
7231019 THENCE with a fence line along the west line of the 4,027 acre
7241020 tract, N 02 deg. 02 min. 04 sec. E, 49.63 feet to a 1/2 inch iron rod
7251021 found at a fence corner; N 47 deg. 26 min. 38 sec. E, 178.31 feet to
7261022 a 1/2 inch iron rod found at a fence corner; N 42 deg. 36 min. 35
7271023 sec. E, 38.12 feet to a 1/2 inch iron rod found; N 07 deg. 24 min. 36
7281024 sec. E, 69.00 feet to a 1/2 inch iron rod found; N 13 deg. 13 min. 12
7291025 sec. W, 110.47 feet to a 1/2 inch iron rod found; N 10 deg. 21 min.
7301026 49 sec. W, 59.80 feet to a 1/2 iron rod found; N 08 deg. 32 min. 11
7311027 sec. W, 71.23 feet to a 1/2 inch iron rod found; N 22 deg. 06 min. 13
7321028 sec. W, 23.98 feet to a 1/2 inch iron rod found; N 07 deg. 49 min. 15
7331029 sec. W, 21.29 feet to a 1/2 inch iron rod found; N 07 deg. 50 min. 11
7341030 sec. E, 150.09 feet to a 1/2 inch iron rod found at a fence corner
7351031 for the northwest corner of this tract.
7361032 THENCE continuing with said fence along the north line of said 4,027
7371033 acre tract, S 59 deg. 59 min. 10 sec. E, 75.63 feet to a 60d nail
7381034 found at a 6 inch elm; S 68 deg. 52 min. 32 sec. E, 117.17 feet to a
7391035 60d nail found at a 12 inch elm; N 85 deg. 11 min. 47 sec. E, 207.14
7401036 feet to a 60d nail found at a 40 inch elm; N 63 deg. 28 min. 45 sec.
7411037 E, 114.94 feet to a 5/8 inch iron rod found for the low bank of the
7421038 Colorado River for an angle corner of this tract.
7431039 THENCE with the meanders of the low bank of the Colorado River, S 81
7441040 deg. 50 min. 32 sec. F, 179.25 feet; S 82 deg. 31 min. 26 sec. E,
7451041 113.09 feet to a 1/2 inch iron rod found at the east corner of the
7461042 said 4.027 acre tract common with a corner of the 166.578 acre and
7471043 surveyed 181.041 acre tract.
7481044 THENCE continuing with the meanders of the low bank of the Colorado
7491045 River and a north line of the 166.578 acre and 181.041 acre tract, S
7501046 82 deg. 31 min. 26 sec. E, 67.07 feet to a point; S 87 deg. 11 min. 45
7511047 sec. E, 64.40 feet to a point where same intersects the center of a
7521048 Ravine known as Hatherly-Walker Branch, the northwest corner of the
7531049 before mentioned 177.476 acre tract, the northeast corner of the
7541050 166.578 acre and 181.041 acre tract for an angle corner of this
7551051 tract.
7561052 THENCE with the meanders of the low bank of the Colorado River, N 80
7571053 deg. 52 min. 27 sec. E, 421.79 feet; N 72 deg. 49 min. 27 sec. E,
7581054 1441.81 feet; N 65 deg. 52 min. 11 sec. E, 1610.22 feet; N 76 deg 02
7591055 mm. 07 sec. E, 975.77 feet; N 67 deg. 10 min. 12 sec. E, 510.12 feet
7601056 to the POINT OF BEGINNING, containing 412.040 acres of land.
7611057 LEGAL DESCRIPTION OF TRACT 4: All that certain tract or parcel of
7621058 land situated in the Solomon Duty Survey, A-29 in Bastrop County,
7631059 Texas and being all of a 38.75 acre tract, a 40.00 acre tract, and a
7641060 25.07 acre tract conveyed to LeAnna H. .Johnson by deed recorded as
7651061 Document #201102644 of the Official Public Records of Bastrop
7661062 County, Texas and being more particularly described as follows:
7671063 BEGINNING at an iron pin found on the curving South line of F.M.
7681064 #969. in the East corner of a 12.055 acre tract conveyed to Britt
7691065 Stewart et ux by Document #201605535 of the above mentioned
7701066 Official Records, for the North corner of the above mentioned 25.07
7711067 acre tract and the North corner of this tract.
7721068 THENCE with the arc of the said curve, to the left, 202.18 feet,
7731069 said curve having a radius of 619.77 feet, a central angle of 18°41 '
7741070 29'', and a sub-chord which bears N 80"43'08"E 201.29 feet to an
7751071 iron pin found in the West corner of a 11.00 acre tract conveyed to
7761072 W.T. McPherson in Volume 641, Page 500 of the Deed Records of
7771073 Bastrop County, Texas for the Northeast corner of the said 25.07
7781074 acre tract and the Northeast corner of this tract.
7791075 THENCE with the Southwest line of the above mentioned 11.00 acre
7801076 tract and the Northeast line of the said 25.07 acre tract and the
7811077 above mentioned 40.00 acre tract for the following four (4)
7821078 courses:
7831079 1. S 20°27'07"E 142.71 feet to an iron pin found for an angle point.
7841080 2. S 60°11'03"E 563.67 feet to an iron pin found for an ell corner.
7851081 3. S 29°44'37"W 312.46 feet to an iron pin found for an ell corner
7861082 4. S 59°4 l '40"E 1371.57 feet to an iron pin found on the Northwest
7871083 line of a 190.03 acre tract conveyed to Riorado, Ltd. in Volume
7881084 1061, Page 413 of the above mentioned Deed Records, in the South
7891085 corner of the said 11.00 acre tract and the East corner of the said
7901086 40.00 acre tract for the East corner of this tract.
7911087 THENCE S 29°20'30"W 1636.80 feet to an iron pipe found in the West
7921088 corner of the above mentioned 190.03 acre tract and the North corner
7931089 of a 100.0 acre tract conveyed to B.P. Bearden et ux in Volume 738,
7941090 Page 669 of the said Deed Records of Bastrop County, Texas for an
7951091 angle point of this tract.
7961092 THENCE S 29°23'06"W with the Northwest line of the above mentioned
7971093 100.0 acre tract 621.62 feet to an iron pin found on the Northeast
7981094 line of Watersedge Terrace as set out on the plat of Lazy River
7991095 Acres recorded in Cabinet 1, Slide 50A of the Plat Records of
8001096 Bastrop County. Texas. for the South corner of the said 40.00
8011097 acre tract and the South corner of this tract.
8021098 THENCE with the Northeast right-of-way line of Watersedge Terrace
8031099 for the following six courses:
8041100 1. N 59°40'37"W 640,28 feet to an iron pin set in the PC of a curve
8051101 to the right said curve having a radius of 315.50 feet and a central
8061102 angle of 27°55'31".
8071103 2. THENCE with the arc of the said curve 153.77 feet the long chord
8081104 of which bears N 45°36'02"W 152.25 feet to an iron pin found for the
8091105 West corner of the said 40.00 acre tract and the South corner of the
8101106 above mentioned 38.75 acre tract for the PT of the said curve.
8111107 3. THENCE N 32°02'38"W 628.66 feet to an iron pin set in the PC of a
8121108 curve to the right said curve having a radius of 1,218.51 feet and a
8131109 central angle of 18°48'00",
8141110 4. THENCE with the arc of the said curve 399.82 feet the long
8151111 chord of which bears N 22°36'34"W 398,03 feet to an iron pin set for
8161112 the PT of the said curve,
8171113 5. THENCE N 13°12'34"W 397.00 feet to an iron pin set in the PC of a
8181114 curve to the left said curve having a radius of 1179,50 feet and a
8191115 central angle of 16°58'29".
8201116 6. with the arc of the said curve 349.45 feet the long
8211117 chord of which bears N 21°48'52"W 348.17 feet to an iron pin
8221118 found in the South corner of the above mentioned 12.055 acre tract
8231119 and the West corner of the said 38,75 acre tract, for the West
8241120 corner of this tract.
8251121 THENCE N 29°05'20" E 1457.36 feet to the POINT OF BEGINNING
8261122 containing 103.852 acres of land. more or less.
8271123 LEGAL DESCRIPTION OF TRACT 5: Lot 4, TOWERING OAKS ESTATES TWO, a
8281124 subdivision in Bastrop County, Texas, according to the map or plat
8291125 of record in Plat Cabinet No. 3, Page 151B, Plat Records of Bastrop
8301126 County, Texas as described in deed recorded in Volume 1647, Page
8311127 842, Official Records, Bastrop County, Texas. Ratification of Plat
8321128 recorded in Volume 986, Page 321, Official Records of Bastrop
8331129 County, Texas.
8341130 LEGAL DESCRIPTION OF TRACT 6: BEING a 212.854 acre tract or parcel
8351131 of land out of and being a part of the Martin Wells Survey, A-68, in
8361132 Bastrop County, Texas, and being all of that certain tract
8371133 described in a deed from Mary Elizabeth Bryant to DLP Real Estate
8381134 Acquisition Corp., as recorded in Vol. 1872, Page 474, Bastrop
8391135 County Official Public Records. Said tract being a part of that
8401136 certain 519 acre tract described as Second Tract in a deed from John
8411137 Barton to W.A. Barton, Johnnie Barton, and Ruth Barton, dated
8421138 August 20, 1947, recorded in Volume 123, Page 114, Bastrop County
8431139 Deed Records. Herein described tract or parcel of land being more
8441140 particularly described by metes and bounds as follows:
8451141 BEGINNING at a 1/2 inch iron rod found at a fence corner, the
8461142 northeast corner of the before mentioned 519 acre tract, the
8471143 northwest corner of Lot No. 21, Towering Oaks Estates Two, a
8481144 subdivision in Bastrop County, Texas, as recorded in Plat cabinet
8491145 3, Page 1518, Bastrop County Plat Records, the southeast corner of
8501146 Lot No. 30, Texas Heritage, a subdivision in sa!d survey as
8511147 recorded in Plat Cabinet 1, Page 83A, Bastrop County Plat Records,
8521148 and southwest corner of the 289.588 acre Lula Martin, Est., for the
8531149 northeast corner of this tract.
8541150 THENCE with the east line, as fenced, of the said 519 acre tract,
8551151 the west line of Lots 21-10, Towerlng Oaks Estates Two, S 31 deg. 25
8561152 m1n. 22 sec. W, 585.50 feet to a 1/2. lnch iron rod found; S 29 deg.
8571153 51 min. 30 sec. W, 1201.78 feet to a 1/2 inch iron rod found; s 29
8581154 deg, 40 min. 55 sec. w, S01.36 Feet to a 1/2 inch iron rod found; S
8591155 29 deg. 41 min. 36 sec. W, 400.09 feet to a 1/2 inch iron rod found;
8601156 S 29 deg. 41 min. 01 sec. W, 800.86 feet to a 1/2 Inch ,Iron rod
8611157 found; S 29 deg. 40 min. 23 sec. W, 205.45 feet to a 1/2 Inch iron
8621158 rod found; S 29 deg. 47 min. 23 sec. W, 195.29 feet to a 1/2 inch
8631159 iron rod found; S 29 deg. 51 min. 19 sec. W, 740.56 feet to a 1/2
8641160 inch Iron rod found at a fence corner, an interior corner of Lot 10,
8651161 for an angle corner of this tract.
8661162 THENCE continuing with a north line of Lot 10, N 61 deg. 48 min. 27
8671163 sec. W, 253.01 feet to a 5/8 inch iron rod found at a northwest
8681164 corner of Lot 10, and the northeast corner of that certain 26.49
8691165 acre tract described as Parcel 2 in a deed from Ella Voncile Daily
8701166 Glass Estate to James Robert Glass, et al, dated September 3, 1996,
8711167 recorded in Volume 815, Page 212, Bastrop County Official Records,
8721168 for an angle corner of the said 519 acre tract and this tract.
8731169 THENCE with the north line, as fenced, of the 26.49 acre tract, N 60
8741170 deg. 30 mln. 25 sec. W, 620.15 feet to a 5/8 inch iron rod set at a
8751171 fence corner, the northwest corner of the 26.49 acre tract, for an
8761172 interior corner of the said 519 acre tract and this tract.
8771173 THENCE with the west line, as fenced, of the 26.49 acre tract, the
8781174 east line of the said 519 acre tract, s 29 deg. 52 min. 03 sec. W,
8791175 1766.02 feet to a 5/8 inch iron rod set where same intersects the
8801176 north line of Farm to Market Road No. 969, for the southeast corner
8811177 of this tract.
8821178 THENCE with the north line of said Farm to Market Road No. 969, N 41
8831179 deg. 56 min. 21 sec. W, 334.69 feet to a concrete right-of-way
8841180 marker found at the beginning of a curve to the right.
8851181 THENCE continuing with the north line of said Farm to Market Road
8861182 No. 969 along said curve to the right whose radius is 1859.86 feet;
8871183 whose central angle is 6 deg. 37 min. 32 sec.; whose long chord
8881184 bears N 38 deg. 13 min. 36 sec. W, 214.95 feet; 215.07 feet along the
8891185 arc to a concrete right-of way marker found at the end of said
8901186 curve.
8911187 THENCE continuing with the north line of said Farm to Market Road
8921188 No. 9691 N 35 deg. 17 min. 35 sec. W, 795.44 feet to a 1/2 inch
8931189 Iron rod found near a fence corner where same Intersects the west
8941190 line of the said 519 acre tract, the east line of that certain
8951191 269.792 acre tract described in a deed from Alexander Oaks
8961192 Development, LLC, to Kenneth D. Hinsvark1 recorded in Volume
8971193 1444, Page 260, Bastrop County Official Public Records, for the
8981194 southwest corner of this tract.
8991195 THENCE with the west line of the said 519 acre tract, ●the east line
9001196 of the Hinsvark 269.792 acre tract, as fenced, N 29 deg. 51 min. 32
9011197 sec. E, 1251.95 feet to a 1/2 inch Iron rod found at a fence corner;
9021198 S 61 deg. 03 min. 06 sec. E, 806.75 feet to a 1/2 Inch Iron rod found
9031199 at a fence corner; N ●30 deg. 22 min. 55 sec. E, 2687.43 feet to a 1h
9041200 inch iron rod found at a fence corner, the northeast corner of the
9051201 Hinsvark 269.792 acre tract, an interior corner of the said 519 acre
9061202 tract, for an interior corner of this tract.
9071203 THENCE with the north line of the Hinsvark 269.792 acre tract and an
9081204 upper south line of the 519 acre tract, N 59 deg. 51 min. 41 sec. W,
9091205 445.85 feet to a 1/2 inch iron rod found for the south corner of Lot
9101206 No. 23, Texas Heritage, for an angle corner of the 519 acre tract
9111207 and this tract. THENCE with the west line of the said 519 acre
9121208 tract, the east line of Tracts No. 23, 24, 25, and 26, Texas
9131209 Heritage, N 29 deg. 18 min. 45 sec. E, 1581.42 feet to a 1/2 inch
9141210 Iron rod found at the common corner of Lots 25 and 26; N 30 deg. 08
9151211 min. 21 sec. E, 114.39 feet to a 1/2 inch iron rod found; N 30●deg.
9161212 12 min. 02 sec. E, 553.91 feetto a 5/8 inch iron rod found in the
9171213 south line of Tract No. 28, the northeast corner of Tract No. 26,
9181214 the northwest corner of the said 519 acre tract, for the northwest
9191215 corner of this tract.
9201216 THENCE with the north line of the said 519 acre tract, the south
9211217 line of Tracts No. 28, 29, and 30, Texas Heritage, S 59 deg. 45 min.
9221218 36 sec. E, 130.89 feet to a 1/2 inch iron pipe found; S 59 deg. 26
9231219 min. 09 sec. E, 1277.57 feet to a 1/2 inch lron rod found at the
9241220 common corner of Lots 29 and 30; S 60 deg. 25 mln. 27 sec. E, 338.92
9251221 feet to the POINT OF BEGINNING, containing 212.854 acres of land.
9261222 SECTION 4. (a) The legal notice of the intention to
9271223 introduce this Act, setting forth the general substance of this
9281224 Act, has been published as provided by law, and the notice and a
9291225 copy of this Act have been furnished to all persons, agencies,
9301226 officials, or entities to which they are required to be furnished
9311227 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
9321228 Government Code.
933- (b) The governor, one of the required recipients, has
934- submitted the notice and Act to the Texas Commission on
935- Environmental Quality.
1229+ (b) The governor has submitted the notice and Act to the
1230+ Texas Commission on Environmental Quality.
9361231 (c) The Texas Commission on Environmental Quality has filed
937- its recommendations relating to this Act with the governor,
938- lieutenant governor, and speaker of the house of representatives
939- within the required time.
1232+ its recommendations relating to this Act with the governor, the
1233+ lieutenant governor, and the speaker of the house of
1234+ representatives within the required time.
9401235 (d) All requirements of the constitution and laws of this
9411236 state and the rules and procedures of the legislature with respect
942- to the notice, introduction, and passage of this Act have been
943- fulfilled and accomplished.
1237+ to the notice, introduction, and passage of this Act are fulfilled
1238+ and accomplished.
9441239 SECTION 5. This Act takes effect immediately if it receives
9451240 a vote of two-thirds of all the members elected to each house, as
9461241 provided by Section 39, Article III, Texas Constitution. If this
9471242 Act does not receive the vote necessary for immediate effect, this
9481243 Act takes effect September 1, 2021.
949- * * * * *