H.B. No. 5367
AN ACT
relating to the creation of the Solana Ranch Municipal Utility
District No. 1; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7923 to read as follows:
CHAPTER 7923. SOLANA RANCH MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7923.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Solana Ranch Municipal
Utility District No. 1.
Sec. 7923.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7923.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7923.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7923.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7923.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7923.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7923.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7923.0202, directors
serve staggered four-year terms.
Sec. 7923.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Gary Newman;
(2) Sandra Wilm;
(3) Becky Hinojosa;
(4) David Voekel; and
(5) Teresa Canchola.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7923.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7923.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7923.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7923.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7923.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7923.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7923.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7923.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 7923.0306. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7923.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7923.0103. If the voters of a new district do not confirm
the creation of the new district, the assets, obligations,
territory, and governance of the new district revert to the
original district.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7923.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(k) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7923.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7923.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7923.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7923.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(f), Water Code, does not apply to
reimbursements for projects constructed or acquired under Section
7923.0303.
Sec. 7923.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7923.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7923.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7923.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Solana Ranch Municipal Utility District
No. 1 initially includes all the territory contained in the
following area:
A 7,088.47 acre (308,773,841 square feet), tract of land, lying
within the D.F. Hair Survey, Abstract 1088, the John Kizzier
Survey, Abstract 496, the William S. Black Survey, Abstract 128,
the Nancy Sims Survey, Abstract 759, the Elisha Davis Survey,
Abstract 244, the Stephen William Survey, Abstract 866, the
J.H. Gilliland Survey, Abstract 1235, the John H. Greenwood Survey,
Abstract 367, the Cynthia Gilbert Survey, Abstract 346, the
E.W. Matthews Survey, Abstract 598, the Elijah Ingram Survey,
Abstract 467, the Abner Webb Survey, Abstract 872, the Jacobs
Zingular Survey, Abstract 943, the G.E. Denson Survey, Abstract
1249, the Eli Lockhart Survey, Abstract 532 and the Jackson Walters
Survey, Abstract 864, in Bell County, Texas, the Elisha Davis
Survey, Abstract 172, the Stephen Williams Survey, Abstract 915,
the Elijah Ingram Survey, Abstract 333, the Jackson Walters Survey,
Abstract 655, in Williamson County, Texas and being all of a called
207.83 acre tract, First Tract, all of the remainder of a called
207.83 acre tract, Second Tract and all of a called 415.66 acre
tract, Third Tract, all conveyed to Solana Ranch Company, in
Document No. 1959002172, Official Public Records Bell County,
Texas, all of the remainder of a called 1292 acre tract, First
Tract, all of a called 1057 acre tract, Second Tract, all of a
called 57 acre tract, Third Tract, a portion of the remainder of a
called 446.1 acre tract, Fourth Tract, all of a called 121 acre
tract, Fifth Tract-1st Tract, all of a called 12.5 acre tract, Fifth
Tract - 2nd Tract, all of a called 100 acre tract, Fifth Tract - 3rd
Tract, all of a called 1748.4 acre tract, Sixth Tract, all of the
remainder of a called 767 acre tract, Seventh Tract-1st Tract and
all of a called 10 acre tract, Seventh Tract - 2nd Tract, all
conveyed to Solana Ranch Company, in Document No. 1950-02854,
Official Public Records Bell and Williamson County, Texas, all of a
called 100 acre tract, conveyed to Solana Ranch Company, in
Document No. 1952-2759, Official Public Records Williamson County,
Texas, all of a called 279.06 acre tract, conveyed to Solana Ranch
Company, in Document No. 1984021088, Official Public Records Bell
County, Texas, all of a called 0.29 acre tract, conveyed to Solana
Ranch Company, in Document No. 1953003725, Official Public Records
Williamson County, Texas, all of the remainder of a called 434.08
acre tract, conveyed to Solana Ranch Company, in Volume 639, Page
192, Deed Records Bell County, Texas, described as follows:
BEGINNING, at an 1/2" iron rod found for the northeastern corner of
said remainder of 434.08 acre tract, the northwestern corner of Lot
1, Block 1, and of Salado Bluffs, Phase 1, a subdivision, recorded
in Cabinet 2019, Slide 35 and Instrument No. 2019-5387, Official
Public Records of Bell County, Texas, and also being on the southern
right-of-way line of Farm to Market Highway 2843 (right-of-way
varies), for the POINT OF BEGINNING and the most eastern
northeastern corner of the herein described tract;
THENCE, with the eastern line of said remainder of 434.08 acre tract
and also being the western line of said Salado Bluffs, Phase 1, S 22°
08' 46" E, a distance of 787.67 feet to a 1/2" iron rod found for the
southwestern corner of Lot 2, Block 1 and of said Salado Bluffs,
Phase 1 and also being on the western line of the remainder of a
called 413.72 acre tract, Tract Three, conveyed to Whitis Land
Investments, LTD, in Document No. 2013000874, Official Public
Records Bell County, Texas;
THENCE, with the eastern line of said remainder of 434.08 acre tract
and also being the western line of said remainder of 413.72 acre
tract, the following thirteen (13) courses and distances:
1. S 25° 29' 14" E, a distance of 328.02 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
2. S 32° 39' 21" E, a distance of 144.51 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
3. S 21° 08' 22" E, a distance of 211.32 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
4. S 68° 28' 39" E, a distance of 143.74 feet to a 1/2" iron
rod found;
5. S 15° 20' 45" E, a distance of 348.68 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
6. S 11° 53' 53" E, a distance of 771.28 feet to a 3" pipe
post found;
7. S 22° 09' 05" E, a distance of 129.47 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
8. S 22° 40' 40" E, a distance of 466.27 feet to a 3" pipe
post found;
9. S 12° 45' 19" E, a distance of 650.78 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
10. S 12° 21' 16" E, a distance of 254.15 feet to a 3" pipe
post found;
11. S 20° 33' 47" E, a distance of 517.36 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
12. S 19° 43' 32" E, a distance of 1314.54 feet to a 3" cedar
post found;
13. S 26° 45' 35" E, a distance of 316.29 feet to a 5/8" iron
rod found for the southeastern corner of said remainder of 434.08
acre tract, the southwestern corner of said remainder of 413.72
acre tract, an ell corner of said 1748.4 acre tract, Sixth Tract and
also being an ell corner of a called 425.18 acre tract, Tract One,
conveyed to Whitis Land Investments, LTD, in Document
No. 2013000874, Official Public Records Bell County, Texas;
THENCE, with the eastern line of said 1748.4 acre tract and also
being the western line of said 425.18 acre tract, the following two
(2) courses and distances:
(1) S 20° 49' 34" E, a distance of 3016.99 feet to a 5/8" iron
rod with plastic cap found for an ell corner of said 1748.4 acre
tract and said 425.18 acre tract;
(2) N 69° 03' 52" E, a distance of 1134.64 feet to a 5/8" iron
rod found for and ell corner of said 1748.4 acre tract and also
being the northwestern corner of a called 57.20 acre tract,
conveyed to WBW Single Land Investment, LLC-Series 116, in Document
No. 2021063250, Official Public Records Williamson County, Texas;
THENCE, with the eastern line of said 1748.4 acre tract and also
being the western line of said 57.20 acre tract, S 09° 53' 24" E, a
distance of 1387.46 feet to a 1/2" iron rod with "ATWELL LLC" cap
set;
THENCE, with the southern line of said 1748.4 acre tract, also being
the northern right-of-way line of Kuykendall Road (Right-of-Way
Varies) also being the northern line of a called 0.976 acre tract,
Tract 2, and the northern line of a called 13.958 acre tract, Tract
1, both conveyed to Johnny and Stephanie Butler, in Document
No. 2018053233, Official Public Records Bell County, Texas, S 68°
33' 07" W, a distance of 727.66 feet to a 1/2" iron rod with "6447"
cap found for the northwestern corner of said 13.958 acre tract and
also being the northeastern corner of a called 12.855 acre tract,
conveyed to Johnny E. Butler II and spouse Stephanie R. Butler, in
Document No. 2018038490, Official Public Records Bell County,
Texas;
THENCE, continuing with the southern line of said 1748.4 acre tract
and also being the northern line of said 12.855 acre tract, S 68° 33'
11" W, a distance of 474.62 feet to a 1/2" iron rod with "6447" cap
found for the northwestern corner of said 12.855 acre tract and also
being the northeastern corner of a called 10.389 acre tract,
conveyed to William A. and Susan E. Clark, in Document
No. 2019014983, Official Public Records Bell County, Texas;
THENCE, continuing with the southern line of said 1748.4 acre tract
and also being the northern line of said 10.389 acre tract, S 68° 33'
12" W, a distance of 738.77 feet to a 1/2" iron rod with "6447" cap
found for the northwestern corner of said 10.389 acre tract and also
being the northeastern corner of a called 15.000 acre tract,
conveyed to Robert James White and wife, Amanda Marie White, in
Document No. 2018023005, Official Public Records Bell County,
Texas;
THENCE, continuing with the southern line of said 1748.4 acre tract
and also being the northern line of said 15.000 acre tract, S 68° 32'
29" W, a distance of 400.85 feet to a 1/2" iron rod with "6447" cap
found for the northwestern corner of said 15.000 acre tract and also
being an ell corner of a called 2.599 acre tract, conveyed to Adam
Neville Starr, in Document No. 2019011692, Official Public Records
Bell County, Texas;
THENCE, continuing with the southern line of said 1748.4 acre tract
and also being the northern line of said 2.599 acre tract,
S 67° 40' 10" W, a distance of 30.24 feet to an 8" cedar post found
for an ell corner of said 1748.4 acre tract and also being an ell
corner of said 2.599 acre tract;
THENCE, with a western line of said 1748.4 acre tract and also being
the eastern line of said 2.599 acre tract, N 20° 44' 31" W, a
distance of 390.28 feet to a 1/2" iron rod with "6447" cap found for
the northeastern corner of said 2.599 acre tract and also being the
southeastern corner of a called 41.277 acre tract, conveyed to Adam
Neville Starr, in Document No. 2018053234, Official Public Records
Bell County, Texas;
THENCE, with a western line of said 1748.4 acre tract and also being
the eastern line of said 41.277 acre tract, N 20° 49' 25" W, a
distance of 960.21 feet to a 5/8" iron rod found for an ell corner of
said 1748.4 acre tract and also being the northeastern corner of
said 41.277 acre tract;
THENCE, with a southern line of said 1748.4 acre tract and also
being the northern line of said 41.277 acre tract, S 68° 56' 27" W,
a distance of 1849.02 feet to a 1/2" iron rod with "ATWELL LLC" cap
set; for an ell corner of said 1748.4 acre tract, the northwestern
corner of said 41.277 acre tract and also being on the eastern line
of a called 207.83 acre tract, First Tract, conveyed to Solana Ranch
Company, in Document No. 1959002172, Official Public Records Bell
County, Texas;
THENCE, with the eastern line of said 207.83 acre tract, First
Tract, and also being the western line of said 41.277 acre tract,
S 21° 01' 56" E, a distance of 989.61 feet to a 20" Live Oak tree
found for the southwestern corner of said 41.277 acre tract and also
being the northwestern corner of a called 43.604 acre tract,
conveyed to Marcus L. Edwards and spouse, Tanya L. Edwards, in
Document No. 2018031262, Official Public Records Bell County,
Texas;
THENCE, with the eastern line of said 207.83 acre tract, First
Tract, and also being the western line of said 43.604 acre tract,
S 21° 14' 40" E, a distance of 1566.82 feet to 8" Cedar Post found
for the southeastern corner of said 207.83 acre tract, First Tract,
an angle corner of said 43.604 acre tract and also being an angle
corner of a called 10.199 acre tract, conveyed to Emily Dewees, in
Document No. 2020014681, Official Public Records Bell County,
Texas;
THENCE, with the southern line of said 207.83 acre tract, First
Tract, and also being the northern line of said 10.199 acre tract,
S 69° 09' 10" W, a distance of 770.12 feet to a 1/2" iron rod with
"6447" cap found for the northwestern corner of said 10.199 acre
tract and also being an ell corner of a called 17.755 acre tract,
conveyed to Johnny Baird and wife, Sharon Baird, in Document
No. 2018031275, Official Public Records Bell County, Texas;
THENCE, with the southern line of said 207.83 acre tract, First
Tract, the northern line of said 17.755 acre tract and the southern
line of a said 207.83 acre tract, Second Tract, S 69° 10' 16" W, a
distance of 1350.42 feet to a 1/2" iron rod with "6447" cap found
for the northwestern corner of said 17.755 acre tract;
THENCE, with the southern line of said 207.83 acre tract, Second
Tract, S 68° 36' 02" W, a distance of 124.07 feet to a 1/2" iron rod
found for the northeastern corner of a called 223.371 acre tract,
conveyed to Byron F. Goode in Volume 2385, Page 255, Official Public
Records Bell County, Texas;
THENCE, with the southern line of said 207.83 acre tract, Second
Tract, the northern line of said 223.371 acre tract and the southern
line of said 415.66 acre tract, Third Tract, the following three (3)
courses and distances:
(1) S 65° 54' 07" W, a distance of 855.55 feet to a 1/2" iron
rod found;
(2) N 87° 16' 03" W, a distance of 395.53 feet to a calculated
point in center of creek;
(3) S 42° 34' 32" W, a distance of 454.09 feet to a calculated
point in center of creek;
THENCE, with the southern line of said 415.66 acre tract, Third
Tract, S 70° 22' 43" W, a distance of 2085.39 feet to a 1"x 1" square
pipe found for the northeastern corner of a called 134.83 acre
tract, conveyed to Nelda Annette Hill and husband, Robert Hicks
Hill, III, in Document No. 2008000104, Official Public Records Bell
County, Texas;
THENCE, with the southern line of said 415.66 acre tract, Third
Tract, the southern line of said 767 acre tract, Seventh Tract-1st
Tract, and also being the northern line of said 134.83 acre tract,
the following two (2) courses and distances:
(1) S 68° 27' 46" W, a distance of 1335.82 feet to a 30d nail
on top of 8" cedar post found for the southwestern corner of said
415.66 acre tract and also being the southeastern corner of said 767
acre tract;
(2) S 66° 59' 37" W, a distance of 890.58 feet to a 1/2" iron
rod with "CUDE" cap found for the northwestern corner of said 134.83
acre tract and also being the northeastern corner of the said
remainder of the 446.1 acre tract;
THENCE, with the eastern line of said remainder of the 446.1 acre
tract and also being the western line of said 134.83 acre tract, the
following three (3) courses and distances:
(1) S 22° 28' 51" E, a distance of 2642.66 feet to a 1/2" iron
rod with "CUDE" cap found;
(2) S 21° 57' 08" E, a distance of 59.27 feet to a 1/2" iron
rod with "CUDE" cap found;
(3) S 22° 16' 36" E, a distance of 51.43 feet to a calculated
point in the center of Salado Creek, being the southwestern corner
of said 134.83 acre tract and also being the northwestern corner of
a called 110.51 acre tract, conveyed to Nelda Annette Hill and
husband, Robert Hicks Hill, III, in Document No. 2008000103,
Official Public Records Williamson County, Texas;
THENCE, with the eastern line of said remainder of the 446.1 acre
tract and also being the western line of said 110.51 acre tract, S
22° 16' 36" E, a distance of 2063.25 feet to a calculated point, from
which a 1/2" iron rod found for an ell corner of said 110.51 acre
tract bears, S 22° 16' 36" E, a distance of 4362.44 feet;
THENCE, over and across said remainder of the 446.1 acre tract, S
43° 28' 18" W, a distance of 1465.48 feet to a calculated point, from
which a 1/2" iron rod with "ATWELL LLC" cap set on the western line
of said remainder of the 446.1 acre tract and also being the eastern
corner of a called 117.98 acre tract, Tract 2 conveyed to John
Schuler and Rachel Schuler, in Document No. 2017090693, Official
Public Records Williamson County, Texas, bears S 21° 28' 21" E, a
distance of 3410.71 feet;
THENCE, with the western line of said remainder of the 446.1 acre
tract and also being the eastern line of said 117.98 acre tract, N
21° 28' 21" W, a distance of 466.78 feet to a 1/2" iron rod found for
the northeastern corner of said 117.98 acre tract and also being the
southeastern corner of a called 60 acre tract, Second Tract
conveyed to The Robert Oliver Thomas Trust, in Document
No. 2008061054, Official Public Records Williamson County, Texas;
THENCE, with the western line of said remainder of the 446.1 acre
tract and also being the eastern line of said 60 acre tract, Second
Tract, N 21° 32' 06" W, a distance of 763.06 feet to a 1/2" iron rod
with "ATWELL LLC" set for the northeastern corner of said 60 acre
tract, Second Tract and also being the southeastern corner of said
12.5 acre tract, Fifth Tract-2nd Tract;
THENCE, with the southern line of said 12.5 acre tract, Fifth
Tract-2nd Tract and said 121 acre tract, Fifth Tract-1st Tract and
also being the northern line of said 60 acre tract, Second Tract, S
68° 25' 15" W, a distance of 3413.24 feet to a 6" cedar post found for
the southwestern corner of said 121 acre tract, Fifth Tract-1st
Tract, the northwestern corner of said 60 acre tract, Second Tract,
and also being on the eastern line of a called 50 acre tract, First
Tract, conveyed to The Robert Oliver Thomas Trust, in Document
No. 2008061054, Official Public Records Williamson County, Texas;
THENCE, with the western line of said 121 acre tract, Fifth
Tract-1st Tract and also being the eastern line of said 50 acre
tract, First Tract, N 21° 43' 29" W, a distance of 1295.78 feet to a
6" cedar post found for the northeastern corner of said 50 acre
tract, First Tract and also being an ell corner of a called 3072.64
acre tract, Tract 1, conveyed to Christine Brooking Richardson and
Carter M. Brooking, in Document No. 2012107203, Official Public
Records Williamson County, Texas;
THENCE, with the western line of said 121 acre tract, Fifth
Tract-1st Tract, the western line of said 100 acre tract, Fifth
Tract-3rd Tract and also being the eastern line of said 3072.64 acre
tract, Tract 1, N 21° 48' 07" W, a distance of 2945.63 feet to a 1/2"
iron rod found for the northwestern corner of said 100 acre tract,
Fifth Tract-3rd Tract, an ell corner of said 3072.64 acre tract,
Tract 1 and also being on the southern line of said 767 acre,
Seventh Tract-1st Tract;
THENCE, with the southern line of said 767 acre, Seventh Tract-1st
Tract and also being a northern line of said 3072.64 acre tract,
Tract 1, N 82° 30' 54" W, a distance of 1678.41 feet to a 1/2" iron
rod found on the western line of said 767 acre, Seventh Tract-1st
Tract, an eastern line of said 1057 acre tract, Second Tract and
also being an ell corner of said 3072.64 acre tract, Tract 1;
THENCE, with an eastern line of said 1057 acre tract, Second Tract
and also being a western line of said 3072.64 acre tract, Tract 1, S
20° 58' 47" E, a distance of 977.42 feet to a 5/8" iron rod found for
the southeastern corner of said 1057 acre tract, Second Tract and
also being an ell corner of said 3072.64 acre tract, Tract 1;
THENCE, with the southern line of said 1057 acre tract, Second
Tract, the southern line of said 57 acre, Third Tract and also being
the northern line of said 3072.64 acre tract, Tract 1, the following
nine (9) courses and distances;
(1) S 68° 53' 33" W, a distance of 3312.14 feet to a 3" T post
found;
(2) S 68° 57' 47" W, a distance of 3947.49 feet to a 3" pipe
fence corner found;
(3) N 20° 54' 53" W, a distance of 2834.33 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
(4) N 22° 44' 53" W, a distance of 662.16 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
(5) S 69° 29' 37" W, a distance of 1379.32 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
(6) N 20° 53' 07" W, a distance of 2076.71 feet to a 5/8" iron
rod found;
(7) N 86° 11' 53" W, a distance of 410.13 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
(8) S 68° 28' 37" W, a distance of 3912.80 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
(9) S 68° 17' 51" W, a distance of 1170.70 feet to a 1/2" iron
rod with cap stamped "ATWELL LLC" set for the southwestern corner of
said 57 acre, Third Tract and being on the eastern line of a called
167 acre tract, Fourth Tract, conveyed to The McLoud Family Trust
Under Instrument dated March 25, 2013, in Document No. 2014012037,
Official Public Records Bell County, Texas, also being in the
northern line of said 3072.64 acre tract;
THENCE, with the western line of said 57 acre, Third Tract and also
being the eastern line of said 167 acre tract, Fourth Tract, N 21°
30' 17" W, a distance of 1526.79 feet to a 1/2" iron rod found for
the northwestern corner of said 57 acre, Third Tract and also being
the southwestern corner of a called 206.15 acre tract, Tract 2,
conveyed to Dos Rios Partners, L.P., in Document No. 2016057977,
Official Public Records Williamson County, Texas;
THENCE, with the northern line of said 1057 acre tract, Second
Tract, the northern line of said 57 acre, Third Tract and also being
the southern line of said 206.15 acre tract, Tract 2, N 68° 29' 43"
E, a distance of 2450.53 feet to a 5/8" iron rod found for an ell
corner of said remainder of the 1292 acre tract, First Tract and
also being the southeastern corner of said 206.15 acre tract, Tract
2;
THENCE, with the western line of said 1292 acre tract, First Tract
and also being the eastern line of said 206.15 acre tract, Tract 2,
N 21° 05' 04" W, a distance of 3300.22 feet to a mag nail in concrete
found for an ell corner of said remainder of the 1292 acre tract,
First Tract and also being the southwestern corner of a called
304.68 acre tract, Tract 1, conveyed to ASQ Properties, LLC, in
Document No. 2018014457, Official Public Records Bell County,
Texas;
THENCE, with the northern line of said remainder of the 1292 acre
tract, First Tract and also being the southern line of said 304.68
acre tract, Tract 1, the following three (3) courses and distances:
(1) N 68° 03' 32" E, a distance of 2718.90 feet to a mag nail
in concrete found;
(2) N 21° 59' 58" W, a distance of 740.26 feet to an iron rod
with "2025" cap found;
(3) N 68° 09' 33" E, a distance of 1534.07 feet to an iron rod
with "2025" cap found for the most northern southeastern corner of
said 304.68 acre tract, Tract 1 and also being the southwestern
corner of a called 103.650 acre tract, conveyed to Thomas Stephen
Barker and spouse, Tamara Barker, in Document No. 2013034933,
Official Public Records Bell County, Texas;
THENCE, with the northern line of said remainder of the 1292 acre
tract, First Tract and also being the southern line of said 103.650
acre tract, N 68° 11' 39" E, a distance of 1036.10 feet to a 5/8" iron
rod found for an ell corner of said 1292 acre tract, First Tract, an
angle corner of said 103.650 acre tract and also being an ell corner
of said 279.06 acre tract;
THENCE, with a northern line of said 279.06 acre tract and also
being the southern line of said 103.650 acre tract, N 66° 34' 07" E,
a distance of 50.02 feet to a 12" cedar post found for an ell corner
of said 279.06 acre tract and also being the southeastern corner of
said 103.650 acre tract;
THENCE, with the western line of said 279.06 acre tract and also
being the eastern line of said 103.650 acre tract, the following
five (5) courses and distances;
(1) N 30° 03' 10" W, a distance of 249.26 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
(2) N 19° 52' 36" W, a distance of 377.02 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
(3) N 26° 18' 05" W, a distance of 388.10 feet to a 1/2" iron
rod found;
(4) N 20° 24' 40" W, a distance of 2383.82 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
(5) N 19° 00' 03" W, a distance of 569.15 feet to a 5/8" iron
rod found for the northwestern corner of said 279.06 acre tract, the
northeastern corner of said 103.650 acre tract and also being on the
arc of a curve to the left on the southern right-of-way line of Farm
to Market Road 2843 (right-of-way varies);
THENCE, with the northern line of said 279.06 acre tract and also
being the said southern right-of-way line of Farm to Market Road
2843, the following seven (7) courses and distances;
(1) With said curve to the left, an arc distance of 315.06
feet, having a radius of 1497.00 feet, an angle of 12° 03' 31", and a
chord bearing N 48° 48' 53" E, a distance of 314.48 feet a 1/2" iron
rod with "ATWELL LLC" cap set;
(2) N 41° 42' 06" E, a distance of 245.19 feet to a1/2" iron
rod with "ATWELL LLC" cap set, for the point of curvature of a curve
to the right;
(3) With said curve to the right, an arc distance of 616.19
feet, having a radius of 904.93 feet, an angle of 39° 00' 50", and a
chord bearing N 62° 00' 06" E, a distance of 604.35 feet a TxDOT
monument found;
(4) N 80° 21' 22" E, a distance of 358.82 feet to a 3" pipe
post found;
(5) N 77° 21' 17" E, a distance of 72.04 feet to a 12" cedar
stump found;
(6) N 68° 57' 01" E, a distance of 127.04 feet to a 3" pipe
post found;
(7) N 67° 05' 40" E, a distance of 589.88 feet to a 1/2" iron
rod found for the northeastern corner of said 279.06 acre tract and
also being the northwestern corner of a called 2.0 acre tract,
conveyed to Carolyn F. Dunson, in Volume 4100, Page 40, Official
Public Records Bell County, Texas;
THENCE, with the eastern line of said 279.06 acre tract and also
being the western line of said 2.0 acre tract, S 21° 21' 28" E, a
distance of 424.67 feet to a 1" iron pipe found for the southwestern
corner of said 2.0 acre tract and also being on the western line of
the remainder of a called 55.2 acre tract, First Tract, conveyed to
Clifford Ray Owen and wife, Jana Su Owen, in Volume 1816, Page 845,
Official Public Records Bell County, Texas;
THENCE, with the eastern line of said 279.06 acre tract and also
being the western line of said 55.2 acre tract, First Tract, S 21°
43' 04" E, a distance of 2669.05 feet to a 5/8" iron rod found for an
ell corner of said 1292 acre tract, First Tract and also being the
southwestern corner of said 55.2 acre tract, First Tract;
THENCE, with a northern line of said 1292 acre tract, First Tract
and also being the southern lines of the following tracts, said 55.2
acre tract, First Tract, of a called 44.8 acre tract, Second Tract,
of a called 60.1 acre tract, Third Tract, of a called 4.4 acre
tract, Fourth Tract and of a called 15 acre tract, Fifth Tract all
conveyed to Clifford Ray Owen and wife, Jana Su Owen, in Volume
1816, Page 845, Official Public Records Bell County, Texas, N 68°
50' 45" E, a distance of 2748.97 feet to a 1/2" iron rod with "ATWELL
LLC" cap set for an angle corner of said 1292 acre tract, First
Tract, the southeastern corner of said 15 acre tract, Fifth Tract
and also being an ell corner of a called 622.30 acre tract, conveyed
to The Zelma Aline Adams Living Trust, in Document No. 2020001976,
Official Public Records Bell County, Texas;
THENCE, with the northern line of said 1292 acre tract, First Tract
and also being a southern line of said 622.30 acre tract, N 69° 12'
04" E, a distance of 427.35 feet to a 5/8" iron rod found for the
northeastern corner of said 1292 acre tract, First Tract and also
being an ell corner of said 622.30 acre tract;
THENCE, with an eastern line of said 1292 acre tract, First Tract
and also being a western line of said 622.30 acre tract, the
following sixteen (16) courses and distances;
(1) S 43° 02' 26" E, a distance of 123.50 feet to a 5/8" iron
rod found;
(2) S 17° 19' 55" E, a distance of 190.19 feet to a 5/8" iron
rod found;
(3) S 37° 33' 12" W, a distance of 123.32 feet to a 5/8" iron
rod found;
(4) S 54° 05' 22" W, a distance of 200.54 feet to a 5/8" iron
rod found;
(5) S 25° 05' 41" W, a distance of 162.53 feet to a 5/8" iron
rod found;
(6) S 16° 16' 04" W, a distance of 805.94 feet to a 5/8" iron
rod found;
(7) S 04° 13' 22" E, a distance of 207.07 feet to a 5/8" iron
rod found;
(8) S 19° 50' 33" E, a distance of 310.88 feet to a 5/8" iron
rod found;
(9) S 10° 48' 32" E, a distance of 264.90 feet to a 5/8" iron
rod found;
(10) S 03° 01' 24" E, a distance of 453.59 feet to a 5/8" iron
rod found;
(11) S 11° 12' 33" E, a distance of 486.80 feet to a 5/8" iron
rod found;
(12) S 01° 35' 53" W, a distance of 527.10 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
(13) S 15° 15' 16" E, a distance of 357.16 feet to a 5/8" iron
rod found;
(14) S 22° 14' 18" E, a distance of 958.51 feet to a 5/8" iron
rod found;
(15) S 31° 35' 24" E, a distance of 1032.51 feet to a 5/8"
iron rod found;
(16) S 17° 08' 22" E, a distance of 980.52 feet to a 1/2" iron
rod with "ATWELL LLC" cap set for an ell corner of said 1292 acre
tract, First Tract and said 622.30 acre tract;
THENCE, with a northern line of said 1292 acre tract, First Tract
and also being a southern line of said 622.30 acre tract, the
following four (4) courses and distances;
(1) N 76° 58' 22" E, a distance of 933.73 feet to a 5/8" iron
rod found;
(2) N 68° 56' 12" E, a distance of 167.36 feet to a 5/8" iron
rod found;
(3) N 63° 56' 31" E, a distance of 766.82 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
(4) S 71° 34' 47" E, a distance of 61.50 feet to a 1/2" iron
rod with "ATWELL LLC" cap set for an ell corner of said 1292 acre
tract, First Tract and said 622.30 acre tract and also being the
northwestern corner of said 10 acre tract, Seventh Tract-2nd Tract;
THENCE, with the northern line of said 10 acre tract, Seventh
Tract-2nd Tract and also being a southern line of said 622.30 acre
tract, N 61° 53' 43" E, a distance of 305.40 feet to a 1/2" iron rod
with "ATWELL LLC" cap set for the northeastern corner of said 10
acre tract, Seventh Tract-2nd Tract and also being an ell corner of
said 622.30 acre tract;
THENCE, with the eastern line of said 10 acre tract, Seventh
Tract-2nd Tract and also being a western line of said 622.30 acre
tract, S 21° 33' 17" E, a distance of 634.10 feet to a 1/2" iron rod
with "ATWELL LLC" cap set for an angle corner of said 10 acre tract,
Seventh Tract-2nd Tract, an ell corner of said 622.30 acre tract and
also being the northwestern corner of said 767 acre tract, Seventh
Tract-1st Tract;
THENCE, with the northern line of said 767 acre tract, Seventh
Tract-1st Tract and also being a southern line of said 622.30 acre
tract, N 68° 29' 43" E, a distance of 2883.30 feet to a 5/8" iron rod
found for the southeastern corner of said 622.30 acre tract and also
being the southwestern corner of said 1748.4 acre tract, Sixth
Tract;
THENCE, with the western line of said 1748.4 acre tract, Sixth Tract
and also being a eastern line of said 622.30 acre tract, N 21° 41'
17" W, a distance of 4467.40 feet to a 5/8" iron rod found for an
angle corner of said 1748.4 acre tract, Sixth Tract, an ell corner
of said 622.30 acre tract and also being an ell corner of a called
467.619 acre tract, conveyed to Bryan Wolff and Liz Wolff, in
Document No. 2020039792, Official Public Records Bell County,
Texas;
THENCE, with the western line of said 1748.4 acre tract, Sixth Tract
and also being an eastern line of said 467.619 acre tract, the
following three (3) courses and distances;
1. N 21° 38' 05" W, a distance of 500.90 feet to a 5/8" iron
rod found;
2. N 65° 53' 32" E, a distance of 628.79 feet to a 5/8" iron
rod found;
3. N 21° 47' 50" W, a distance of 641.26 feet to a 5/8" iron
rod found for the most northwestern corner of said 1748.4 acre
tract, Sixth Tract and also being an ell corner of said 467.619 acre
tract;
THENCE, with the northern line of said 1748.4 acre tract, Sixth
Tract and also being a southern line of said 467.619 acre tract, N
68° 40' 37" E, a distance of 3055.10 feet to a 5/8" iron rod found for
the southwestern corner of said 186 acre tract and also being the
southeastern corner of said 467.619 acre tract;
THENCE, with the western line of said 186 acre tract and also being
the eastern line of said 467.619 acre tract, N 21° 18' 38" W, a
distance of 4131.59 feet to a calculated point for the northwestern
corner of said 186 acre tract, the southwestern corner of the
remainder of a called 1021.52 acre tract, conveyed to John Brooks
Bradley, in Volume 801, Page 197, Official Public Records Bell
County, Texas and also being in the center of a creek;
THENCE, with the northern line of said 186 acre tract, the southern
line of said remainder of the 1021.52 acre tract and along the
approximate center line of a creek as located in August of 2022, the
following eighteen (18) courses and distances;
1. N 82° 33' 36" E, a distance of 152.30 feet to a calculated
point;
2. S 37° 59' 23" E, a distance of 31.91 feet to a calculated
point;
3. S 74° 33' 31" E, a distance of 38.53 feet to a calculated
point;
4. N 82° 05' 58" E, a distance of 70.13 feet to a calculated
point;
5. N 72° 07' 47" E, a distance of 63.94 feet to a calculated
point;
6. N 88° 23' 21" E, a distance of 41.98 feet to a calculated
point;
7. S 68° 08' 34" E, a distance of 81.68 feet to a calculated
point;
8. S 57° 17' 52" E, a distance of 82.18 feet to a calculated
point;
9. S 51° 03' 40" E, a distance of 199.95 feet to a calculated
point;
10. S 30° 37' 38" E, a distance of 39.14 feet to a calculated
point;
11. S 32° 14' 33" E, a distance of 50.38 feet to a calculated
point;
12. S 68° 43' 06" E, a distance of 32.02 feet to a calculated
point;
13. S 81° 53' 34" E, a distance of 179.04 feet to a calculated
point;
14. N 88° 24' 53" E, a distance of 135.91 feet to a calculated
point;
15. S 70° 36' 48" E, a distance of 43.77 feet to a calculated
point;
16. S 70° 15' 42" E, a distance of 33.76 feet to a calculated
point;
17. S 85° 34' 12" E, a distance of 38.19 feet to a calculated
point;
18. N 65° 19' 04" E, a distance of 21.10 feet to a 1/2" iron
rod with "ATWELL LLC" cap set for an ell corner of said 186 acre
tract, the most western southwestern corner of said 8.04 acre
tract;
THENCE, with the western line of said 8.04 acre tract and also being
the eastern line of said remainder of the 1021.52 acre tract, the
following six (6) courses and distances;
1. N 09° 55' 43" W, a distance of 124.80 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
2. N 17° 18' 43" W, a distance of 124.85 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
3. N 27° 38' 51" W, a distance of 204.10 feet to a 1" iron rod
found;
4. N 19° 01' 35" W, a distance of 154.05 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
5. N 40° 33' 19" W, a distance of 60.57 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
6. N 24° 12' 10" E, a distance of 85.05 feet to a 24" Elm tree
found for the northwestern corner of said 8.04 acre tract and also
being the southwestern corner of said 13.128 acre tract;
THENCE, with the western line of said 13.128 acre tract and also
being the eastern line of said remainder of the 1021.52 acre tract,
N 05° 11' 54" W, a distance of 239.59 feet to a 1/2" iron rod with
"ATWELL LLC" cap set for the northwestern corner of said 13.128 acre
tract and also being on the said southern right-of-way line of Farm
to Market Highway 2843;
THENCE, with the northern line of said 13.128 acre tract and also
being the said southern right-of-way line of Farm to Market Highway
2843, the following six (6) courses and distances;
1. S 71° 39' 46" E, a distance of 492.88 feet to a TxDOT
concrete monument found;
2. S 78° 02' 06" E, a distance of 217.69 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
3. S 72° 50' 49" E, a distance of 675.22 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
4. S 75° 52' 53" E, a distance of 214.77 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
5. S 82° 09' 44" E, a distance of 208.53 feet to a 1/2" iron
rod with "ATWELL LLC" cap set;
6. S 87° 59' 00" E, a distance of 199.87 feet to a 1/2" iron
rod found for the northeastern corner of said 13.128 acre tract;
THENCE, with the eastern line of said 13.128 acre tract and also
being the said southern right-of-way line of Farm to Market Highway
2843, S 20° 56' 32" E, a distance of 41.23 feet to a 1/2" iron rod
with "5496" cap found, for an angle corner of said 13.128 acre tract
and also being the most northern northwestern corner of a called
72.486 acre tract, conveyed to Talaska Holdings, LLC, in Document
No. 2021076791, Official Public Records Bell County, Texas;
THENCE, with the eastern line of said 13.128 acre tract and also
being a western line of said 72.486 acre tract, S 21° 13' 57" E, a
distance of 378.45 feet to a 1/2" iron rod with "5496" cap found for
the eastern corner of said 13.128 acre tract and also being an ell
corner of said 72.486 acre tract;
THENCE, with a southern line of said 13.128 acre tract and also
being a northern line of said 72.486 acre tract, S 68° 50' 40" W, a
distance of 528.83 feet to a calculated point for the southern
corner of said 13.128 acre tract, being on the eastern line of said
186 acre tract and also being in the center of a creek;
THENCE, with the eastern line of said 186 acre tact, the western
line of said 72.486 acre tract and along the approximate center line
of a creek as located in August of 2022, the following sixteen (16)
courses and distances;
1. S 09° 13' 10" E, a distance of 54.75 feet to a calculated
point;
2. S 23° 18' 16" W, a distance of 74.94 feet to a calculated
point;
3. S 09° 31' 15" E, a distance of 198.72 feet to a calculated
point;
4. S 18° 28' 31" E, a distance of 104.92 feet to a calculated
point;
5. S 58° 04' 26" E, a distance of 31.63 feet to a calculated
point;
6. N 55° 45' 39" E, a distance of 26.05 feet to a calculated
point;
7. N 24° 59' 14" E, a distance of 25.04 feet to a calculated
point;
8. S 84° 56' 28" E, a distance of 39.13 feet to a calculated
point;
9. S 51° 08' 15" E, a distance of 47.14 feet to a calculated
point;
10. S 25° 48' 10" E, a distance of 72.89 feet to a calculated
point;
11. S 12° 07' 04" E, a distance of 180.70 feet to a calculated
point;
12. S 23° 51' 43" E, a distance of 317.32 feet to a calculated
point;
13. S 42° 38' 31" E, a distance of 163.23 feet to a calculated
point;
14. S 64° 08' 12" E, a distance of 139.03 feet to a calculated
point;
15. N 71° 03' 29" E, a distance of 193.00 feet to a calculated
point;
16. N 81° 44' 22" E, a distance of 139.94 feet to a calculated
point for an ell corner of said 186 acre tract, an angle corner of
said 72.486 acre tract and an ell corner of a called 125.158 acre
tract, conveyed to Curtis A. Crenwelge and wife, Lucretia
Crenwelge, in Volume 5587, Page 819, Official Public Records Bell
County, Texas;
THENCE, with the eastern line of said 186 acre tract and also being
the western line of said 125.158 acre tract, S 21° 21' 41" E,
passing at a distance of 103.05 feet a 5/8" iron rod found, in all a
total distance of 1444.25 feet to a 40d nail found for the
southeastern corner of said 186 acre tract, the southwestern corner
of said 125.158 acre tract and also being on the northern line of
said 1748.4 acre tract, Sixth Tract;
THENCE, with the northern line of said 1748.4 acre tract, Sixth
Tract and also being the southern line of said 125.158 acre tract, N
68° 25' 26" E, passing at a distance of 2493.23 feet a 5/8" iron rod
found, continuing for a total distance of 2675.91 feet to a 5/8"
iron rod found for an ell corner of said 1748.4 acre tract, Sixth
Tract, the southeastern corner of said 125.158 acre tract and also
being on the western line of a called 75.016 acre tract, conveyed to
7KX Investments, in Document No. 2021026448, Official Public
Records Bell County, Texas;
THENCE, with an eastern line of said 1748.4 acre tract, Sixth Tract
and also being the western line of said 75.016 acre tract, S 21° 23'
38" E, a distance of 309.03 feet to a 1" iron pipe found for an ell
corner of said 1748.4 acre tract, Sixth Tract and also being the
southwestern corner of said 75.016 acre tract;
THENCE, with the northern line of said 1748.4 acre tract, Sixth
Tract and also being the southern lines of the following tracts,
said 75.016 acre tract, of a called 27.192 acre tract, Tract One, of
a called 27.026 acre tract, Tract Two both conveyed to Paul R.
Schoenrock and spouse Ginger Schoenrock, in Document
No. 2011028942, Official Public Records Bell County, Texas,
N 67° 41' 19" E, a distance of 2239.07 feet to a 1/2" iron rod with
"2475" cap found for the apparent northeastern corner of said
1748.4 acre tract, Sixth Tract, the apparent northwestern corner of
said remainder of 434.08 acre tract, the southeastern corner of
said 27.026 acre tract, Tract Two and also being the southwestern
corner of a called 27.219 acre tract, conveyed to Janet May Kennedy,
in Document No. 2010046246, Official Public Records Bell County,
Texas;
THENCE, with the northern line of said remainder of 434.08 acre
tract and also being the southern line of said 27.219 acre tract,
N 67° 39' 40" E, a distance of 447.21 feet to a 1/2" iron rod with
"ATWELL LLC" cap set for the southeastern corner of said 27.219 acre
tract and also being the southwestern corner of the remainder of a
called 151.18 acre tract, conveyed to One Cow Ranch, L.P., in Volume
5577, Page 597, Official Public Records Bell County, Texas;
THENCE, with the northern line of said remainder of 434.08 acre
tract and also being the southern line of said remainder of the
151.18 acre tract, N 66° 03' 13" E, a distance of 1312.87 feet to a
1/2" iron rod found for the southeastern corner of said remainder of
the 151.18 acre tract and also being the southwestern corner of a
called 21.489 acre tract, conveyed to Molly Stratton, in Document
No. 2020024834, Official Public Records Bell County, Texas;
THENCE, with the northern line of said remainder of 434.08 acre
tract and also being the southern line of said 21.489 acre tract,
N 69° 21' 12" E, a distance of 490.01 feet to a 4" cedar post found
for the southeastern corner of said 21.489 acre tract and also being
the southwestern corner of a called 30.000 acre tract, conveyed to
Steve Campbell and Leslie Campbell, in Document No. 2013051645,
Official Public Records Bell County, Texas;
THENCE, with the northern line of said remainder of 434.08 acre
tract and also being the southern line of said 30.000 acre tract,
N 69° 24' 30" E, a distance of 851.37 feet to a 4" cedar post found
for an ell corner of said remainder of 434.08 acre tract and also
being the southeastern corner of said 30.000 acre tract;
THENCE, with a western line of said remainder of 434.08 acre tract
and also being the eastern line of said 30.000 acre tract,
N 20° 16' 45" W, a distance of 1945.82 feet to a 6" pipe post found
for an ell corner of said 434.08 acre tract, the northeastern corner
of said 30.000 acre tract and also being on the said southern
right-of-way line of Farm to Market Highway 2843 (right-of-way
varies);
THENCE, with the northern line of said remainder of 434.08 acre
tract and also being the said southern right-of-way line of Farm to
Market Highway 2843, S 71° 23' 16" E, a distance of 685.70 feet to
the POINT OF BEGINNING.
Containing 7,088.47 acres or 308,773,841 square feet, more or less.
BEARING BASIS NOTE
This project is referenced for all bearing and coordinate basis to
the Texas State Plane Coordinate System NAD 83 (2011 adjustment),
South Central Zone (4204). The grid to surface combined scale
factor is 1.00013.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7923, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7923.0307 to read as follows:
Sec. 7923.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5367 was passed by the House on May 6,
2023, by the following vote: Yeas 106, Nays 28, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5367 was passed by the Senate on May
21, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not
voting.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor