86(R) HB 4694 - Introduced version

	86R20513 SMT-F

	By: Cole	H.B. No. 4694

A BILL TO BE ENTITLED

relating to the creation of the SH130 Municipal Management District

No. 1; 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 C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 3971 to read as follows:

CHAPTER 3971. SH130 MUNICIPAL MANAGEMENT DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3971.0101. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Austin.

(3) "Director" means a board member.

(4) "District" means the SH130 Municipal Management

District No. 1.

Sec. 3971.0102. NATURE OF DISTRICT. The district is a

special district created under Section 59, Article XVI, Texas

Constitution.

Sec. 3971.0103. PURPOSE; DECLARATION OF INTENT. (a) The

creation of the district is essential to accomplish the purposes of

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution, and other public purposes stated in this

chapter.

(b) By creating the district and in authorizing the city and

other political subdivisions to contract with the district, the

legislature has established a program to accomplish the public

purposes set out in Section 52-a, Article III, Texas Constitution.

develop, encourage, and maintain employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

(d) This chapter and the creation of the district may not be

interpreted to relieve the city from providing the level of

services provided as of the effective date of the Act enacting this

chapter to the area in the district. The district is created to

supplement and not to supplant city services provided in the

district.

Sec. 3971.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

(a) All land and other property included in the district will

benefit from the improvements and services to be provided by the

district under powers conferred by Sections 52 and 52-a, Article

III, and Section 59, Article XVI, Texas Constitution, and other

powers granted under this chapter.

(b) The district is created to serve a public use and

benefit.

and is essential to further the public purposes of:

(1) developing and diversifying the economy of the

state;

(2) eliminating unemployment and underemployment; and

(3) developing or expanding transportation and

commerce.

(d) The district will:

(1) promote the health, safety, and general welfare of

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the district territory as a community and business center;

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty;

and

(4) provide for water, wastewater, drainage, road, and

recreational facilities for the district.

(e) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, parking, and street art objects are parts of and

necessary components of a street and are considered to be a street

or road improvement.

(f) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 3971.0105. INITIAL DISTRICT TERRITORY. (a) The

district is initially composed of the territory described by

Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of

the Act enacting this chapter form a closure. A mistake in the

field notes or in copying the field notes in the legislative process

does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bonds for the purposes

for which the district is created or to pay the principal of and

interest on the bonds;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. 3971.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.

All or any part of the area of the district is eligible to be

included in:

(1) a tax increment reinvestment zone created under

Chapter 311, Tax Code; or

(2) a tax abatement reinvestment zone created under

Chapter 312, Tax Code.

Sec. 3971.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 3971.0108. CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed in conformity with the findings and

purposes stated in this chapter.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3971.0201. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors who serve staggered

terms of four years.

(b) Directors are elected in the manner provided by

Subchapter D, Chapter 49, Water Code.

Sec. 3971.0202. COMPENSATION; EXPENSES. (a) The district

may compensate each director in an amount not to exceed $150 for

each board meeting. The total amount of compensation for each

director in one year may not exceed $7,200.

(b) A director is entitled to reimbursement for necessary

and reasonable expenses incurred in carrying out the duties and

responsibilities of the board.

Sec. 3971.0203. INITIAL DIRECTORS. (a) The initial board

consists of the following directors:

Pos. No.

Name of Director

Warren Hayes

Stephen Shang

Jim Young

Robert Walker

Albert Hawkins

(b) Initial directors serve until permanent directors are

elected under Section 3971.0201.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3971.0301. GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 3971.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The

district, using any money available to the district for the

purpose, may provide, design, construct, acquire, improve,

relocate, operate, maintain, or finance an improvement project or

service authorized under this chapter or Chapter 375, Local

Government Code.

(b) The district may contract with a governmental or private

entity to carry out an action under Subsection (a).

governmental function or service for the purposes of Chapter 791,

Government Code.

Sec. 3971.0303. NONPROFIT CORPORATION. (a) The board by

resolution may authorize the creation of a nonprofit corporation to

assist and act for the district in implementing a project or

providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered to be a local

government corporation created under Subchapter D, Chapter 431,

Transportation Code; and

(2) may implement any project and provide any service

authorized by this chapter.

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as the board of directors

of a local government corporation created under Subchapter D,

Chapter 431, Transportation Code, except that a board member is not

required to reside in the district.

Sec. 3971.0304. LAW ENFORCEMENT SERVICES. To protect the

public interest, the district may contract with a qualified party,

including the city, to provide law enforcement services in the

district for a fee.

Sec. 3971.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.

The district may join and pay dues to a charitable or nonprofit

organization that performs a service or provides an activity

consistent with the furtherance of a district purpose.

Sec. 3971.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The

district may engage in activities that accomplish the economic

development purposes of the district.

(b) The district may establish and provide for the

administration of one or more programs to promote state or local

economic development and to stimulate business and commercial

activity in the district, including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

and exercise the economic development powers provided to

municipalities by:

(1) Chapter 380, Local Government Code; and

(2) Subchapter A, Chapter 1509, Government Code.

Sec. 3971.0307. PARKING FACILITIES. (a) The district may

acquire, lease as lessor or lessee, construct, develop, own,

operate, and maintain parking facilities or a system of parking

facilities, including lots, garages, parking terminals, or other

structures or accommodations for parking motor vehicles off the

streets and related appurtenances.

(b) The district's parking facilities serve the public

purposes of the district and are owned, used, and held for a public

purpose even if leased or operated by a private entity for a term of

years.

necessary components of a street and are considered to be a street

or road improvement.

(d) The development and operation of the district's parking

facilities may be considered an economic development program.

Sec. 3971.0308. ADDING OR EXCLUDING LAND. The district may

add or exclude land in the manner provided by Subchapter J, Chapter

49, Water Code, or by Subchapter H, Chapter 54, Water Code.

Sec. 3971.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of directors'

signatures and the procedure required for a disbursement or

transfer of district money.

Sec. 3971.0310. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. ASSESSMENTS

Sec. 3971.0401. PETITION REQUIRED FOR FINANCING SERVICES

AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a

service or improvement project with assessments under this chapter

unless a written petition requesting that service or improvement

has been filed with the board.

(b) A petition filed under Subsection (a) must be signed by

the owners of a majority of the assessed value of real property in

the district subject to assessment according to the most recent

certified tax appraisal roll for the county.

Sec. 3971.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)

The board by resolution may impose and collect an assessment for any

purpose authorized by this chapter in all or any part of the

district.

(b) An assessment, a reassessment, or an assessment

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1) are a first and prior lien against the property

assessed;

(2) are superior to any other lien or claim other than

a lien or claim for county, school district, or municipal ad valorem

taxes; and

(3) are the personal liability of and a charge against

the owners of the property even if the owners are not named in the

assessment proceedings.

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that the

board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment of

any parcel of land without providing notice and holding a hearing in

the manner required for additional assessments.

SUBCHAPTER E. TAXES AND BONDS

Sec. 3971.0501. TAX ELECTION REQUIRED. The district must

hold an election in the manner provided by Chapter 49, Water Code,

or, if applicable, Chapter 375, Local Government Code, to obtain

voter approval before the district may impose an ad valorem tax.

Sec. 3971.0502. OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election under Section 3971.0501, the district may impose an

operation and maintenance tax on taxable property in the district

in the manner provided by Section 49.107, Water Code, for any

district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b) The board shall determine the operation and maintenance

tax rate. The rate may not exceed the rate approved at the

election.

Sec. 3971.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE

BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on

terms determined by the board.

(b) The district may issue bonds, notes, or other

obligations payable wholly or partly from ad valorem taxes,

assessments, impact fees, revenue, contract payments, grants, or

other district money, or any combination of those sources of money,

to pay for any authorized district purpose.

bonds, notes, or other obligations provided by Section 49.4645,

Water Code, does not apply to the district.

Sec. 3971.0504. BONDS SECURED BY REVENUE OR CONTRACT

PAYMENTS. The district may issue, without an election, bonds

secured by:

(1) revenue other than ad valorem taxes, including

contract revenues; or

(2) contract payments, provided that the requirements

of Section 49.108, Water Code, have been met.

Sec. 3971.0505. BONDS SECURED BY AD VALOREM TAXES;

ELECTIONS. (a) If authorized at an election under Section

3971.0501, the district may issue bonds payable from ad valorem

taxes.

(b) Section 375.243, Local Government Code, does not apply

to the district.

partly from ad valorem taxes, the board shall provide for the annual

imposition of a continuing direct annual ad valorem tax, without

limit as to rate or amount, for each year that all or part of the

bonds are outstanding as required and in the manner provided by

Sections 54.601 and 54.602, Water Code.

(d) All or any part of any facilities or improvements that

may be acquired by a district by the issuance of its bonds may be

submitted as a single proposition or as several propositions to be

voted on at the election.

Sec. 3971.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT

UNDER AGREEMENT. If the improvements financed by an obligation

will be conveyed to or operated and maintained by a municipality or

retail utility provider pursuant to an agreement between the

district and the municipality or retail utility provider entered

into before the issuance of the obligation, the obligation may be in

the form of bonds, notes, or other obligations payable wholly or

partly from assessments, issued by public or private sale, in the

manner provided by Subchapter A, Chapter 372, Local Government

Code.

Sec. 3971.0507. CONSENT OF MUNICIPALITY REQUIRED. (a) The

board may not issue bonds 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.

(b) This section applies only to the district's first

issuance of bonds payable from ad valorem taxes.

SUBCHAPTER F. SALES AND USE TAX

Sec. 3971.0601. APPLICABILITY OF CERTAIN TAX CODE

PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,

computation, administration, enforcement, and collection of the

sales and use tax authorized by this subchapter except to the extent

Chapter 321, Tax Code, is inconsistent with this chapter.

(b) For the purposes of this subchapter, a reference in

Chapter 321, Tax Code, to a municipality or the governing body of a

municipality is a reference to the district or the board,

respectively.

Sec. 3971.0602. ELECTION; ADOPTION OF TAX. (a) The

district may adopt a sales and use tax if:

(1) the city consents to the adoption of the tax; and

(2) the tax is authorized by a majority of the voters

of the district voting at an election held for that purpose.

(b) Subject to city consent under Subsection (a), the board

by order may call an election to authorize the adoption of the sales

and use tax. The election may be held on any uniform election date

and in conjunction with any other district election.

shall hold the election in the manner prescribed by Section

3971.0501.

(d) The ballot shall be printed to provide for voting for or

against the proposition: "Authorization of a sales and use tax in

the SH130 Municipal Management District No. 1 at a rate not to

exceed ____ percent" (insert rate of one or more increments of

one-eighth of one percent).

Sec. 3971.0603. SALES AND USE TAX RATE. (a) Not later than

the 10th day after the date the results are declared of an election

held under Section 3971.0602 at which the voters authorized

imposition of a tax, the board shall provide by resolution or order

the initial rate of the tax, which must be in one or more increments

of one-eighth of one percent.

(b) After the authorization of a tax under Section

3971.0602, the board may decrease the rate of the tax by one or more

increments of one-eighth of one percent.

decrease would impair the repayment of any outstanding debt or

obligation payable from the tax.

(d) The initial rate of the tax or any rate resulting from

subsequent decreases may not exceed the lesser of:

(1) the maximum rate authorized at the election held

under Section 3971.0602; or

(2) a rate that, when added to the rates of all sales

and use taxes imposed by other political subdivisions with

territory in the district, would result in the maximum combined

rate prescribed by Section 321.101(f), Tax Code, at any location in

the district.

Sec. 3971.0604. NOTIFICATION OF RATE CHANGE. The board

shall notify the comptroller of any changes made to the tax rate

under this subchapter in the same manner the municipal secretary

provides notice to the comptroller under Section 321.405(b), Tax

Code.

Sec. 3971.0605. USE OF REVENUE. Revenue from the sales and

use tax imposed under this subchapter is for the use and benefit of

the district and may be used for any district purpose. The district

may pledge all or part of the revenue to the payment of bonds,

notes, or other obligations, and that pledge of revenue may be in

combination with other revenue, including tax revenue, available to

the district.

Sec. 3971.0606. ABOLITION OF TAX. (a) Except as provided

by Subsection (b), the board may abolish the tax imposed under this

subchapter without an election.

(b) The board may not abolish the tax imposed under this

subchapter if the district has any outstanding debt or obligation

secured by the tax, and repayment of the debt or obligation would be

impaired by the abolition of the tax.

the comptroller of that action in the same manner the municipal

secretary provides notice to the comptroller under Section

321.405(b), Tax Code.

(d) If the board abolishes the tax or decreases the tax rate

to zero, a new election to authorize a sales and use tax must be held

under Section 3971.0602 before the district may subsequently impose

the tax.

SUBCHAPTER G. HOTEL OCCUPANCY TAX

Sec. 3971.0701. DEFINITION. In this subchapter, "hotel"

has the meaning assigned by Section 156.001, Tax Code.

Sec. 3971.0702. APPLICABILITY OF CERTAIN TAX CODE

PROVISIONS. (a) For the purposes of this subchapter:

(1) a reference in Chapter 352, Tax Code, to a county

is a reference to the district; and

(2) a reference in Chapter 352, Tax Code, to the

commissioners court is a reference to the board.

(b) Except as inconsistent with this subchapter, Subchapter

A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized

by this subchapter, including the collection of the tax, subject to

the limitations prescribed by Sections 352.002(b) and (c), Tax

Code.

Sec. 3971.0703. TAX AUTHORIZED; USE OF REVENUE. (a) The

district may not impose a hotel occupancy tax unless the city

consents to the imposition.

(b) The district may impose the hotel occupancy tax for:

(1) any purpose authorized under Chapter 351, Tax

Code; or

(2) the construction, operation, or maintenance of a

sports-related facility of the district if the city is authorized

to impose the tax under Section 351.002, Tax Code, for that purpose

that:

(A) has a notable impact on tourism and hotel

activity; and

(B) is available to the public.

Sec. 3971.0704. TAX RATE. The amount of the hotel occupancy

tax may not exceed seven percent of the price paid for a room in a

hotel.

Sec. 3971.0705. INFORMATION. The district may examine and

receive information related to the imposition of hotel occupancy

taxes to the same extent as if the district were a county.

SUBCHAPTER I. DISSOLUTION

Sec. 3971.0901. DISSOLUTION. (a) The board shall dissolve

the district on written petition filed with the board by the owners

of:

(1) 66 percent or more of the assessed value of the

property subject to assessment by the district based on the most

recent certified county property tax rolls; or

(2) 66 percent or more of the surface area of the

district, excluding roads, streets, highways, utility

rights-of-way, other public areas, and other property exempt from

assessment by the district according to the most recent certified

county property tax rolls.

(b) The board by majority vote may dissolve the district at

any time.

Subsection (a) or (b) if the district:

(1) has any outstanding debt until that debt has been

repaid or defeased in accordance with the order or resolution

authorizing the issuance of the debt;

(2) has a contractual obligation to pay money until

that obligation has been fully paid in accordance with the

contract; or

(3) owns, operates, or maintains public works,

facilities, or improvements unless the district contracts with

another person for the ownership and operation or maintenance of

the public works, facilities, or improvements.

(d) Sections 375.261, 375.262, and 375.264, Local

Government Code, do not apply to the district.

SECTION 2. The SH130 Municipal Management District No. 1

initially includes all territory contained in the following area:

Tract 1: Being a 23.92 acre tract or parcel of land, situated in the

Oliver Buckman Survey, Number 40, Abstract 60, Travis County,

Texas, and being the remainders of "Tract 1", a called 20.00 acre

tract of land, "Tract 2", a called 5.00 acre tract of land and

"Tract 3", a called 20.05 acre tract of land, all as conveyed to

Hayes Modular Group, Inc., recorded in Document No. 2009120857,

Official Public Records of Travis County, Texas, save and except

that portion conveyed to the State of Texas in Document

No. 2005052171, Official Public Records of Travis County, Texas,

also being the remainder of that certain called 5.15 acre tract of

land conveyed to Hayes Trucking Service, Inc., recorded in Document

No. 2003226321, Official Public Records of Travis County, Texas,

save and except that portion described in a Possession and Use

Agreement for Transportation Purposes, recorded in Document

No. 2006027200, Official Public Records of Travis County, Texas,

and being more particularly described as follows:

BEGINNING at a 1/2" iron rod found on the east line of that certain

tract of land called 402.07 acres, as described in a deed to the

City of Austin, recorded in Volume 3428, Page 565, Deed Records of

Travis County, Texas, marking the northwest corner of the said

Tract 3, also marking the southeast corner of that certain tract of

land called 269.22 acres, as described in a deed to Ann Bloor

Schryver, recorded in Volume 8251, Page 216, Deed Records of Travis

County, Texas, for the northwest corner hereof;

THENCE, with the north line of the said Tract 3, the south line of

the said Schryver tract, S 62° 16' 13" E, passing the northwest

corner of the said Tract 2, for a distance of 619.37 feet to a 1/2"

iron rod found on the north line of the said Tract 3 and the north

line of the said Tract 2, being on the west right-of-way of State

Highway 130, as described in a deed to the State of Texas, recorded

in Document No. 2005052171, Official Public Records of Travis

County, Texas, marking the northeast corner of the said remainder

of Tract 2 and Tract 3, for the northeast corner hereof;

THENCE, with the west right-of-way of State Highway 130, the east

line of the remainders of Tract 2 and Tract 3, S 31° 20' 06" W, 646.66

feet to a 1/2" iron rod found, marking the southeast corner of the

remainder of Tract 3 and the northeast corner of the remainder of

Tract 1, for an angle point hereof;

THENCE, with the west right-of-way of State Highway 130 and the east

line of the said remainder of Tract 1, S 24° 47' 53" W, 710.79 feet to

an iron rod found with an aluminum cap marked "TXDOT" on the

northeast line of the remainder of the said Hayes Trucking tract, on

the southwest right-of-way of State Highway 130, marking the

southeast corner of the said Remainder of Tract 1, for an angle

point hereof;

THENCE, with the southwest right-of-way of State Highway 130 and

the northeast line of the remainder of the said Hayes Trucking

tract, S 15° 27' 52" E, 50.67 feet to a calculated point on the

southwest line of the said State Highway 130 tract recorded in

Document No. 2005052171, marking the most northerly corner of that

certain tract of land called 0.474 of an acre as described in a

Possession and Use Agreement for Transportation Purposes, recorded

in Document No. 2006027200, Official Public Records of Travis

County, Texas, also marking the most easterly southeast corner of

the remainder of the said Hayes Trucking tract, for an angle point

hereof;

THENCE, with the west right-of-way of State Highway 130 and the east

line of the remainder of the said Hayes Trucking tract, the

following three (3) calls:

S 48° 58' 27" W, 147.87 feet to a calculated point for an angle point

hereof;

N 89° 08' 20" W, 42.86 feet to an iron rod found with an aluminum cap

marked "TXDOT" for an angle point hereof;

S 40° 50' 32" W, 90.78 feet to an iron rod found with an aluminum cap

marked "TXDOT" on the north right-of-way of Farm to Market Highway

973, marking the southwest corner of the said Possession and Use

Agreement tract, also marking the most southerly southeast corner

of the remainder of the said Hayes Trucking tract, for the southeast

corner hereof;

THENCE, with the north right-of-way of Farm to Market Highway 973

and the south line of the remainder of the said Hayes Trucking

tract, N 88° 59' 51" W, 607.68 feet to a 1/2" iron rod found, marking

the southwest corner of the remainder of the said Hayes Trucking

tract, also marking the southeast corner of that certain tract of

land called 77.52 acres, as described in a deed to the City of

Austin, recorded in Volume 3555, Page 1196, Deed Records of Travis

County, Texas, for the southwest corner hereof;

THENCE, with the west line of the remainders of the said Hayes

Trucking tract, Tract 1 and Tract 3, the following four (4) calls:

With the east line of the said City of Austin 77.52 acre tract, N 29°

02' 43" E, 345.28 feet to a 1/2" iron rod found marking the

northwest corner of the remainder of the said Hayes Trucking tract

and the southwest corner of the remainder of the said Tract 1;

N 29° 04' 04" E, passing the northeast corner of the said City of

Austin 77.52 acre tract and the southeast corner of the said City of

Austin 402.07 acre tract, 439.37 feet to a round head bolt found on

the west line of the said Tract 1 remainder, for an angle point

hereof;

With the east line of the said City of Austin 402.07 acre tract, N

27° 07' 24" E, 478.47 feet to a 1/2" iron rod found marking the

northwest corner of the said Tract 1 remainder and the southwest

corner of the said Tract 3 remainder, for an angle point hereof;

With the east line of the said City of Austin 402.07 acre tract, N

27° 03' 16" E, 648.87 feet to the PLACE OF BEGINNING, and containing

23.92 acres of land in all, more or less, based on a map or plat

prepared by Holt Carson, Inc. on October 4, 2011.

Tract 2: Being a 61.484 acre tract or parcel of land, situated in

the Oliver Buckman Survey No. 40, Abstract 60, and the Reuben

Hornsby Survey No. 17, Abstract 15, in Travis County, Texas, being

all of that certain tract of land called Tract 3A, 94.910 acres, as

described in a deed to William D. Wittliff and wife, Salty B.

Wittliff, recorded in Volume 12034, Page 325, Real Property Records

of Travis County, Texas, Save and Except that certain tract of land

called 31.676 acres, as described in an agreed judgment to the State

of Texas, recorded in Document No. 2013046364, Official Public

Records of Travis County, Texas, and being more particularly

described as follows:

BEGINNING at an iron rod found at a fence comer, on the north line of

the said Wittliff tract, being on the east right-of-way of State

Highway 130, marking the northeast comer of the said 31.676 acre

tract, also marking the southwest comer of that certain tract of

land called 7 .306 acres, as described in a deed to Bobby Gosey and

wife, Sheldon Gosey, recorded in Document No. 2012151067, Official

Public Records of Travis County, Texas, for the northwest comer

hereof;

THENCE, with the south tine of the said Gosey tract and the north

line of the said Wittliff tract, S 63° 17' 08" E, 1098.03 feet, to a

calculated point in a 2 'x2' rock column fence comer on the west

right-of-way of Gilbert Lane, for the southeast comer of the said

Gosey tract and the northeast comer of the said Wittliff tract, for

the northeast comer hereof;

THENCE, with the west right-of-way of Gilbert Lane and the east line

of the said Wittliff tract, the following three (3) calls:

S 08° 31' 11" W, 496.94 feet to an iron rod found at the beginning of

a curve to the right;

With said curve to the right, having a radius of 1148.47 feet, a

chord bears S 19° 03' 50" W, 421.11 feet, for an arc distance of

423.50 feet to an iron rod found at the end of said curve;

S 29° 41' 17" W, 571.46 feet to a calculated point in a 2'x2' rock

column fence comer, marking the northeast comer of that certain

tract of land called Tract 1: 159.06 acres, as described in a deed

to Vincent DiMare III Trust on 2012. Recorded in document

No. 2013222143, Official Public Records of Travis County, Texas,

also marking the southeast comer of the said Wittliff tract, for the

southeast comer hereof;

THENCE, with the north line of the said DiMare tract and the south

line of the said Wittliff tract, the following three (3) calls:

N 60° 42' 55" W, 188.79 feet to an iron rod found at the beginning of

a curve to the left;

With said curve to the left, having a radius of 1351.54 feet, a

chord bears N 80° 38' 14" W, 934.29 feet, for an arc distance of

953.97 feet to an iron rod found at the end of said curve;

S 79° 08' 00" W, 1042.53 feet to an iron rod found on the approximate

west line of the said Oliver Buckman Survey and the east line of the

said Reuben Hornsby Survey, marking an angle point in the said

DiMare tract, also marking the most southerly southwest corner of

the said Wittliff tract, for the most southerly southwest corner

hereof;

THENCE, with the approximate west tine of the said Buckman Survey

and the approximate east line of the said Hornsby Survey, an east

line of the said DiMare tract and a west line of the said Wittliff

tract, N 26° 50' 36" E, 123.00 feet to an iron rod found for an angle

point in the DiMare tract and the Wittliff tract;

THENCE, with the north line of the said DiMare tract and the south

line of the said Wittliff tract, the following three (3) calls:

N 37° 35' 23" W, 30.60 feet to a l 2" tree stump fence post; N 85° 11'

11" W, 17 .07 feet, to a IO" tree stump fence post;

N 63° 50' 59" W, 59. 72 feet to a 2" pipe fence comer post on the east

right-of-way of State Highway l 30, marking the southeast comer of

the said 3 l .676 acre tract, marking the northwest comer of the

said DiMare tract, for the most westerly southwest corner hereof;

THENCE, crossing the said Wittliff tract, with the east

right-of-way of State Highway l 30 and the east line of the said

31.676 acre tract, the following two (2) calls:

N 45" 36' 23" E, at 539.60 feet, pass an iron rod found with a cap

marked Inland, for a total distance of 2039.47 feet to an iron rod

found;

N 39° 27' 15" E, 314.97 feet to the PLACE OF BEGINNING and containing

61.484 acres of land, more or less.

Tract 3: FIELD NOTES DESCRIPTION OF 715.48 ACRES OF LAND OUT OF THE

JAMES GILLELAND SURVEY NUMBER 13 AND THE THOMAS TOULSON SURVEY

NUMBER 12, TRAVIS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN TRACT

CALLED PARCEL 1 TRACT 1, ALL OF THAT CERTAIN TRACT CALLED PARCEL 1

TRACT II, ALL OF THAT CERTAIN TRACT CALLED PARCEL 2 TRACT I AND ALL

OF THAT CERTAIN TRACT CALLED PARCEL 2 TRACT II IN A DEED TO GRAGG

INTERESTS, LTD, RECORDED IN VOLUME 11561, PAGE 1637 OF THE REAL

PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, THE SAID PARCEL 1 TRACT I

BEING MORE PARTICULARLY DESCRIBED AS 236.08 ACRES IN A DEED TO

CHARLES H. MORRISON RECORDED IN VOLUME 3103, PAGE 382 OF THE DEED

RECORDS OF TRAVIS COUNTY, TEXAS AND THE SAID PARCEL 1 TRACT II BEING

MORE PARTICULARLY DESCRIBED AS 168.2 ACRES IN A DEED TO GARY

MORRISON RECORDED IN VOLUME 3124, PAGE 1120 OF THE DEED RECORDS OF

TRAVIS COUNTY, TEXAS. THE SAID PARCEL 2 TRACT 1 BEING ALL OF THAT

CERTAIN 236.08 ACRES CALLED SECOND TRACT CONVEYED TO THOMAS WARREN

BURLESON IN AN EXECUTOR'S AND PARTITION DEED RECORDED IN VOLUME

3049, PAGE 1609 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS, SAVE

AND EXCEPT THE PORTION LOCATED IN THE 41.432 ACRE TRACT, CALLED TO

BE SAVED AND EXCEPTED IN THE DESCRIPTION OF THE SAID PARCEL 2 TRACT

II. THE SAID PARCEL 2 TRACT II BEING ALL OF THAT CERTAIN 236.08 ACRE

TRACT CALLED SECOND TRACT CONVEYED TO BAYLOR EUGENE BURLESON IN AN

EXECUTOR'S AND PARTITION DEED RECORDED IN VOLUME 3049, PAGE 1619 OF

THE DEED RECORDS OF TRAVIS COUNTY, TEXAS, SAVE AND EXCEPT THAT TRACT

DESCRIBED AS 117.986 ACRES IN A DEED TO BETTY JANE LAWRENCE RECORDED

IN VOLUME 10837, PAGE 154 OF THE REAL PROPERTY RECORDS OF TRAVIS

COUNTY, TEXAS AND SAVE AND EXCEPT THAT PORTION LOCATED IN THE SAID

41.432 ACRE TRACT, CALLED TO BE SAVED AND EXCEPTED IN THE

DESCRIPTION OF THE SAID PARCEL 2 TRACT II. THE SAID 715.48 ACRES OF

LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS

FOLLOWS:

BEGINNING at a fence corner post found on the south line of F.M.

Highway 969, the same being the north line of the said 236.08 acre

Thomas Warren Burleson tract, at the northeast corner of the said

Parcel 2, Tract I and the northwest corner of the said 41.432 acre

Save and Except tract, from which a concrete right-of-way monument

found, called to be at Station 617+00.7, according to Texas

Department of Transportation maps, bears S 72°09'54" E, 875.35 feet;

THENCE, traversing the interior of the said 236.08 acre Thomas

Warren Burleson tract and the said 236.08 acre Baylor Eugene

Burleson tract, along the westerly and southerly lines of the said

41.432 acre Save and Except tract, being common lines with the said

Parcel 2, Tract I and the said Parcel 2, Tract II, the following

four (4) courses and distances:

1)S 27°53'06" W, 703.43 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc., from which a fence corner post

found bears N 48°43' E, 1.6 feet;

2)S31°21'54" E, 272.57 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc., from which a 3/4 inch diameter

iron pipe found bears S 23°37;E, 1.50 feet;

3)S 30°25;54: E, 272.57 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc.;

4)S 62°29'36: E, 43.00 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc. in the interior of the said

236.08 acre Baylor Eugene Burleson tract, at an exterior corner of

the said 117.986 acre Betty Jane Lawrence tract, and northeast

corner of the said Parcel 2, Tract II, from which a fence corner

post found bears N 85°55'W, 1.9 feet and a 1/2 inch diameter steel

pin found at the southeast corner of the said 41.432 acre Save and

Except tract bears S62°29'36" E, 903.59 feet;

THENCE, S 27°54'57" W, a distance of 4993.00 feet to a 1/2 inch

diameter steel pin set with cap stamped Lenz & Assoc. In the

interior of the said 236.08 acre Baylor Eugene Burleson tract at the

southwest corner of the said 117.986 acre Lawrence tract, the same

being an interior corner of the said Parcel 2, Tract II, from which

a fence corner post found bears N 02°50' W, 0.9 feet;

THENCE, S62°29'17" E, a distance of 1003.46 feet to a 1/2 inch

diameter steel pin found on the east line of the said 236.08 acre

Baylor Eugene Burleson tract, at the southeast corner of the said

117.986 acre Lawrence tract, and being an exterior corner of the

said Parcel 2, Tract II, from which a fence corner post found bears

S88°11'W, 1.7 feet;

THENCE, S27°55'09" W, a distance of 3147.99 feet to an iron pipe

found at the southeast corner of the said 236.08 acre Baylor Eugene

Burleson tract and the said Parcel 2, Tract II, from which the

present centerline of Gilleland Creek bears S 27°55'09" W, 693.93

feet;

THENCE, along the south line of the said 236.08 acre Baylor Eugene

Burleson tract and the said Parcel 2, Tract II, the following six

(6) courses and distances:

1)N 42°10'37" W, 125.04 feet to a 1/2 inch diameter steel pin

found;

2)N 37°00'37" W, 257.22 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc.;

3)N 30°21'17" W, 176.02 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc;

4)N 44°21'37" W, 164.44 feet to a 1/2 inch diameter steel pin

found;

5)N 51°16'37" W, 118.36 feet to a 1/2 inch diameter steel pin

found;

6)N 50°11'37" W, 355.28 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc. at the southwest corner of the

said 236.08 acre Baylor Eugene Burleson tract and the said Parcel 2,

Tract II, the same being the southeast corner of the said 236.08

acre Thomas Warren Burleson tract and the said Parcel 2, Tract I;

THENCE, along and with the south line of the said 236.08 acre Thomas

Eugene Burleson tract and the said Parcel 2, Tract 1, the following

three (3) courses and distances:

1)N 50°20'03" W, 167.78 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz Assoc;

2)N 64°45'03" W, 223.61 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc;

3)N 54°35'03" W, 85.62 feet to a point at the intersection

with the present centerline of Gilleland Creek, the same being the

east line of that certain 732.18 acre tract called Tract Three

conveyed to William Karl Rison in a Partition Deed recorded in

Volume 11686, Page 684 of the Real Property Records of Travis

County, Texas;

THENCE, along the approximate centerline of Gilleland Creek, being

the west line of the said Parcel 2, Tract I, the west line of the

said Parcel 1, Tract II and the west line of the said Parcel 1, Tract

1, the centerline of Gilleland Creek also being the east line of the

said 732.18 acre William Karl Rison tract, the east line of that

certain 464.75 acre tract called Tract Three conveyed to Charles

Wilson Hackett, Jr. in the said Partition Deed recorded in Volume

11686, page 684 of the Real Property Records of Travis County,

Texas, the east line of Twin Creek Meadows, a subdivision of record

in Book 83, pages 121A-122C of the Plat Records of Travis County,

Texas and the east line of that certain 157.763 acre tract described

in a deed to Jack D. Shaw, Sr. and wife, Betty R. Shaw recorded in

Volume 8304, Page 250 of the Real Property Records of Travis County,

Texas, the following one-hundred & seventy-four (174) courses and

distances:

1)N 21°07'51" W, 119.68 feet to a point;

2)N 32°11'53" W, 121.33 feet to a point;

3)N 64°17'33" W, 74.37 feet to a point;

4)N 77°46'49" W, 62.86 feet to a point;

5)N 49°27'13" W, 111.95 feet to a point;

6)N 38°01'21" W, 67.54 feet to a point;

7)N 29°20'25" W, 45.76 feet to a point;

8)N 10°24'43" W, 239.47 feet to a point;

9)N 16°50'03" W, 200.68 feet to a point;

10)N 22°49'16" W, 149.75 feet to a point;

11)N 02°35'51" W, 47.20 feet to a point;

12)N 60°54'27" W, 77.59 feet to a point;

13)S 78°06'31" W, 159.40 feet to a point;

14)S 84°23'42" W, 70.65 feet to a point;

15)N 64°54'15" W, 37.91 feet to a point;

16)N 42°55'05" W, 177.12 feet to a point;

17)N 27°00'12" W, 121.62 feet to a point;

18)N 20°31'51" W, 57.20 feet to a point;

19)N 27°40'32" E, 51.58 feet to a point;

20)N 64°22'50" E, 49.64 feet to a point;

21)N 71°19'41" E, 167.54 feet to a point;

22)N 66°21'43" E, 138.83 feet to a point;

23)N 72°07'46" E, 87.42 feet to a point;

24) N 81°38'05" E, at 83.44 feet passing the intersection with

Elm Branch for a common corner of the said 732.18 acre William Karl

Rison tract and the said 464.75 acre Charles Wilson Hackett, Jr.

tract, and continuing a total distance of 92.15 feet to a point;

25) S 73°40'39" E, 69.77 feet to a point;

26) S 89°00'20" E, 90.52 feet to a point;

27) N 74°54'33" E, 110.02 feet to a point;

28) N 64°32'15" E, 197.07 feet to a point;

29) N 52°53'54" E, 60.90 feet to a point;

30) N 65°43'41" E, 63.64 feet to a point;

31) N 29°25'31" E, 150.21 feet to a point;

32) N 24°44'29" E, 120.47 feet to a point;

33) N 02°12'04" E, 158.83 feet to a point;

34) N 13°00'10" W, 127.46 feet to a point;

35) N 24°56'30" E, 165.55 feet to a point;

36) N 29°06'17" E, 100.13 feet to a point;

37) N 03°31'23" E, 97.42 feet to a point;

38) N 20°07'04" E, 102.08 feet to a point;

39) N 11°55'31" E, 72.43 feet to a point;

40) N 20°10'49" W, 285.50 feet to a point;

41) N 11°51'37" W, 59.35 feet to a point;

42) N 23°47'15" W, 77.99 feet to a point;

43) N 42°53'07" W, 228.83 feet to a point;

44) N 38°50'02" W, 68.38 feet to a point;

45) N 63°53'40" W, 67.10 feet to a point;

46) N 78°00'32" W, 57.26 feet to a point;

47) S 89°03'54" W, 110.52 feet to a point;

48) N 75°50'30" W, 65.54 feet to a point;

49) N 85°39'50" W, 48.83 feet to a point;

50) N 79°58'43" W, 106.82 feet to a point;

51) N 73°09'30" W, 165.41 feet to a point;

52)N 84°37'13" W, 170.04 feet to a point;

53)N 69°39'14" W, 161.46 feet to a point;

54)N 57°17'20" W, 84.79 feet to a point;

55)N 65°56'10" W, 104.16 feet to a point;

56)N 73°48'53" W, 157.22 feet to a point;

57)N 89°41'57"W, 46.42 feet to a point;

58)N 75°33'09" W, 124.24 feet to a point;

59)N 57°11'51" W, 102.51 feet to a point;

60)N 37°27'55" W, 92.08 feet to a point;

61)N 20°00'42" W, 129.64 feet to a point;

62)N 04°34'16" E, 31.57 feet to a point;

63)N 23°34'39" W, 32.77 feet to a point;

64)N 44°45'11" W, 55.41 feet to a point;

65)N 62°55'00" W, 32.67 feet to a point;

66)N 81°58'50" W, 84.74 feet to a point;

67)N 75°51'02" W, 141.20 feet to a point;

68)N 68°12'39" W, 83.84 feet to a point;

69)N 85°13'14" W, 48.91 feet to a point;

70)N 71°50'44" W, 58.26 feet to a point;

71)N 13°25'49" W, 105.53 feet to a point;

72)N 01°27'16" W, 55.36 feet to a point;

73)N 12°03'14" E, 173.31 feet to a point;

74)N 34°19'48" E, . feet to a point;

75)N 07°46'02" E, at 30.94 feet passing the intersection of

Decker Branch for the southeast corner of the said Twin Creek

Meadows subdivision, the same being a corner of the said 464.75 acre

Charles Wilson Hackett, Jr. tract, and continuing a total distance

of 98.65 feet to a point;

76) N 08°48'24" W, 83.86 feet to a point;

77) N 09°27'12" W, 85.62 feet to a point;

78) N 06°07'48" E, 180.87 feet to a point at the common rear

corner of Lots 20 and 21 of the said Twin Creek Meadows subdivision,

from which a 1/2 inch diameter steel pin found on the east line of

Decker Creek Drive at the common front corner of the said Lots 20

and 21 bears N 47°21'06" W, 53.91 feet and N 60°36'06" W, 989.29 feet;

79) N 16°16'48" E, 163.87 feet to a point;

80) N 20°32'48" E, 82.09 feet to a point;

81) N 24°00'48" E, 69.50 feet to a point;

82) N 16°33'48" E, 69.76 feet to a point;

83) N 37°23'48" E, 61.98 feet to a point;

84) N 40°21'27" E, 76.96 feet to a point;

85) N 49°21'27" E, 60.46 feet to a point;

86) N 86°02'12" E, 91.44 feet to a point;

87) N 28°06'12" W, 81.71 feet to a point;

88) N 86°02'12" W, 80.77 feet to a point;

89) N 53°36'12" W, 138.43 feet to a point;

90) N 17°37'12" W, 58.43 feet to a point;

91) N 27°15'12" W, 77.46 feet to a point;

92) N 10°02'12" W, 83.40 feet to a point;

93) N 06°38'12" W, 115.05 feet to a point;

94) N 08°27'48" E, 75.97 feet to a point;

95) N 01°07'12" W, 103.15 feet to a point;

96) N 07°49'48" E, 49.66 feet to a point;

97) N 36°44'48" E, 197.55 feet to a point;

98) N 40°50'48" E, 104.02 feet to a point;

99) N 32°22'48" E, 149.35 feet to a point at the common rear

corner of Lots 27 and 28 of the said Twin Creek Meadows subdivision,

from which a 1/2 inch diameter steel pin found on the east

right-of-way line of Decker Creek Drive on the west line of the said

Lot 28, at the beginning of a 60 foot radius curve, bears N 62°25'21"

W, 446.69 feet and N 29°22'46" E, 144.21 feet;

100) N 29°18'48" E, 151.47 feet to a point;

101) N 15°49'48" E, 100.39 feet to a point at the northeast

corner of the said Twin Creek Meadows subdivision and southeast

corner of the said 157.763 acre Shaw tract;

102) N 32°16'16" E, 186.67 feet to a point;

103) N 66°53'45" E, 69.37 feet to a point;

104) N 63°07'19" E, 114.58 feet to a point;

105) N 25°42'03" E, 155.37 feet to a point;

106) N 40°53'01" E, 47.33 feet to a point;

107) N 83°36'08" E, 44.60 feet to a point;

108) S 59°14'12" E, 92.35 feet to a point;

109) S 53°56'49" E, 45.73 feet to a point;

110) N 59°34'22" E, 45.98 feet to a point;

111) N 21°04'27" E, 66.74 feet to a point;

112) N 31°51'50" E, 49.95 feet to a point;

113) N 47°15'41" E, 57.09 feet to a point;

114) N 26°23'21" E, 170.26 feet to a point;

115) N 37°13'19" E, 90.34 feet to a point;

116) N 67°44'09" E, 73.83. feet to a point;

117) S 34°48'49" E, 117.74 feet to a point;

118) S 18°07'49" E, 86.24 feet to a point;

119) S 63°05'14" E, 84.83 feet to a point;

120) S 83°45'31" E, 51.65 feet to a point;

121) S 68°49'56" E, 108.81 feet to a point;

122) N 74°10'25" E, 76.10 feet to a point;

123) N 55°26'04" E, 149.30 feet to a point;

124) N 06°42'55" E, 43.34 feet to a point;

125) N 48°28'11" E, 85.96 feet to a point;

126) N 63°53'47" E, 139.95 feet to a point;

127) N 65°47'12" E, 51.68 feet to a point;

128) N 10°06'21" E, 44.58 feet to a point;

129) N 13°09'02" W, 70.23 feet to a point;

130) N 22°16'48" E, 65.12 feet to a point;

131) S 83°51'42" E, 32.19 feet to a point;

132) N 53°14'52" E, 68.27 feet to a point;

133) S 80°25'08" E, 92.91 feet to a point;

134) N 78°36'50" E, 88.54 feet to a point;

135) N 58°00'33" E, 61.71 feet to a point;

136) N 24°39'17" E, 84.20 feet to a point;

137) N 60°09'04" E, 75.55 feet to a point;

138) S 71°49'56" W, 42.26 feet to a point;

139) N 88°50'36" W, 80.48 feet to a point;

140) N 36°37'28" W, 62.68 feet to a point;

141) N 23°17'02" E, 162.01 feet to a point;

142) N 13°30'15" W, 118.38 feet to a point;

143) N 23°27'28" W, 76.36 feet to a point;

144) N 04°51'59" E, 114.74 feet to a point;

145) N 60°03'01" W, 60.82 feet to a point;

146) N 60°03'01" W, 132.50 feet to a point;

147) N 01°22'12" W, 49.44 feet to a point;

148) N 34°22'37" E, 66.00 feet to a point;

149) N 50°55'42" E, 171.34 feet to a point;

150) N 76°35'07" E, 60.99 feet to a point;

151) N 53°54'01" E, 168.94 feet to a point;

152) N 72°31'25" E, 79.23 feet to a point;

153) S 57°46'48" E, 82.69 feet to a point;

154) S 30°13'55" E, 97.85 feet to a point;

155) S 08°44'30" E, 44.68 feet to a point;

156) S 28°10'24" E, 102.81 feet to a point;

157) S 63°59'59" E, 121.08 feet to a point;

158) N 60°16'49" E, 45.46 feet to a point;

159) S 86°31'48" E, 41.90 feet to a point;

160) S 73°13'02" E, 107.79 feet to a point;

161) N 76°40'56" E, 14.51 feet to a point;

162) S 57°46'48" E, 32.55 feet to a point;

163) S 89°07'42" E, 102.03 feet to a point;

164) S 18°36'11" E, 20.56 feet to a point;

165) S 86°28'54" E, 32.87 feet to a point;

166) N 68°24'52" E, 64.55 feet to a point;

167) N 14°23'09" W, 49.62 feet to a point;

168) N 42°54'47" W, 102.34 feet to a point;

169) N 27°56'54" W, 39.87 feet to a point;

170) N 51°09'15" E, 36.99 feet to a point;

171) S 87°21'40" E, 123.19 feet to a point;

172) N 54°33'22" E, 24.59 feet to a point;

173) N 02°43'51" W, 59.49 feet to a point;

174) N 04°04'03" E, 63.40 feet to a point at the intersection

with the south right-of-way line of F.M. Highway No. 969 at the

northwest corner of the said Parcel 1, Tract I and northeast corner

of the said 157.763 acre Shaw tract, from which a concrete

right-of-way monument found bears S 89°46'58" W, 177.73 feet;

THENCE, along and with the south right-of-way line of F.M. Highway

Number 969 and north lines of the said Parcel 1, Tract I and Parcel

2, Tract I, the following three (3) courses and distances:

1)N 89°46'58" E, 1352.07 feet to a concrete right-of-way

monument found;

2)With a curve to the right, having a central angle of

18°09'15", a radius of 1859.86 feet, an arc of 589.29 feet and a

chord bearing and distance of S 81°15'26" E, 586.83 feet to a

concrete right-of-way monument found;

3)S 72°09'54" E, 908.15 feet to the PLACE OF BEGINNING,

containing 715.48 acres of land, more or less.

Tract 4: FIELD NOTES DESCRIPTION OF 18.53 ACRES OF LAND OUT OF THE

THOMAS TOULSON SURVEY NUMBER 12, TRAVIS COUNTY, TEXAS, ALSO BEING A

PORTION OF THAT CERTAIN TRACT CALLED TO CONTAIN 400 ACRES, CALLED

THIRD TRACT, IN A DEED TO BAYLOR B. BURLESON AND EUGENE S. BURLESON

RECORDED IN VOLUME 257, PAGE 508 OF THE DEED RECORDS OF TRAVIS

COUNTY, TEXAS. THE SAID 18.53 ACRES OF LAND BEING MORE PARTICULARLY

DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at an iron pipe found on the east line of the said 400 acre

Burleson tract at the southeast corner of that certain 236.08 acre

tract called Second Tract conveyed to Baylor Eugene Burleson in an

Executor's and Partition Deed recorded in Volume 3049, Page 1619 of

the Deed Records of Travis County, Texas, the same being the

southeast corner of that certain tract called Parcel 2, Tract II in

a deed to Gragg Interests LTD, recorded in Volume 11561, Page 1637

of the Real Property Records of Travis County, Texas;

THENCE, S27°55'09" W, a distance of 693.93 feet along the east line

of the said 400 acre Burleson tract to a point at the intersection

with the present centerline of Gilleland Creek for the southeast

corner of the said 400 acre Burleson tract;

THENCE, with the approximate present centerline of Gilleland Creek

and west line of the said 400 acre Burleson tract, the same being

the east line of that certain 732.18 acre tract called Tract Three

conveyed to William Karl Rison in a Partition Deed recorded in

Volume 11686, Page 684 of the Real Properly Records of Travis

County, Texas, the following thirteen (13) courses and distances:

1)N 56°18'59" W, 52.49 feet to a point;

2)N 61°12'22" W, 167.33 feet to a point;

3)N 44°52'14" W, 74.35 feet to a point;

4)N 36°22'55" W, 173.57 feet to a point;

5)N 27°20'55" W, 170.45 feet to a point;

6)N 17°41'10" W, 145.99 feet to a point;

7)N 02°32'12" W, 101.23 feet to a point;

8)N 10°04'19" W, 164.05 feet to a point;

9)N 19°05'44" W, 185.93 feet to a point;

10) N 21°01'07" W, 85.59 feet to a point;

11) N 24°30'51" W, 507.79 feet to a point;

12) N 28°36'36" W, 129.79 feet to a point;

13) N 21°07'51" W, 50.91 feet to a point on the west line of

that certain 236.08 acre tract called Second Tract conveyed to

Thomas Warren Burleson in an Executor's and Partition Deed recorded

in Volume 3049, Page 1609 of the Deed Records of Travis, County,

Texas, the same being the west line of that certain tract called

Parcel 2, Tract I in a deed to Gragg Interests LTD, recorded in

Volume 11561, Page 1637 of the Real Property Records of Travis

County, Texas;

THENCE, along and with the west line of the said 236.08 acre Thomas

Warren Burleson tract and the said Parcel 2, Tract I, the following

three (3) courses and distances;

1)S 54°35'03" E, 85.62 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc;

2)S 64°45'03" E, 223.61 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc;

3)S 50°20'03" E, 167.78 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc. at the southeast corner of the

said 236.08 acre Thomas Warren Burleson tract and the said Parcel 2,

Tract I, the same being the southwest corner of the said 236.08 acre

Baylor Eugene Burleson tract and the said parcel 2, Tract II;

THENCE, along and with the west line of the said 236.08 acre Baylor

Eugene Burleson tract and the said parcel 2, Tract II, the following

six (6) courses and distances:

1)S 50°11'37" E, 355.28 feet to a 1/2 inch diameter steel pin

found;

2)S51°16'37" E, 118.36 feet to a 1/2 inch diameter steel pin

found;

3)S 44°21'37" E, 164.44 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc;

4)S 30°21'17" E, 176.02 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc;

5)S 37°00'37" E, 257.22 feet to a 1/2 inch diameter steel pin

found;

6)S 42°10'37" E, 125.04 feet to the PLACE OF BEGINNING,

containing 18.53 acres of land, more or less.

Tract 5: FIELD NOTES DESCRIPTION OF 117.98 ACRES OF LAND (GROSS

AREA) OUT OF THE THOMAS TOULSON SURVEY NUMBER 12, TRAVIS COUNTY,

TEXAS, BEING ALL OF THAT CERTAIN TRACT CALLED TO CONTAIN 117.986

ACRES DESCRIBED IN A DEED TO BETTY JANE LAWERENCE RECORDED IN VOLUME

10837, PAGE 154 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,

TEXAS, SAVE AND EXCEPT 0.23 ACRES, BEING ALL OF THAT CERTAIN TRACT

CALLED TO CONTAIN 0.2296 ACRES, DESCRIBED IN A DEED FROM BETTY JANE

LAWRENCE TO MANVILLE WATER SUPPLY CORPORATION RECORDED IN VOLUME

11545, PAGE 824 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,

TEXAS, RESULTING IN A NET AREA OF 117.75 ACRES OF LAND. THE SAID

117.75 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND

BOUNDS AS FOLLOWS:

BEGINNING at a 1/2 inch diameter steel pine set with cap stamped

Lenz & Assoc. on the curving south right-of-way line of F.M. Highway

969 at the northeast corner of the said Lawrence tract, the same

being at the northwest corner of that certain 9.371 acre tract

described in a deed to Robert Gliden Kuykendall, III and Ann

Kuykendall recoded in Volume 13232, Page 199 of the Real Property

Records of Travis County, Texas, from which a concrete right-of-way

monument found at the east end of said curve, called to be at

Station 628+07.4 Bk = 628+08.8 Fwd according to Texas Department of

Highways and Transportation maps bears a chord bearing and distance

of S 55°04'05" E, 263.18, feet;

Thence, S 27°55'12" W, along the east line of the said Lawrence

tract, passing a 1/2 inch diameter steel pin found at 2.36 feet,

passing a 1/2 inch diameter steel pin found at the southwest corner

of the said 9.371 acre Kuykendall tract, the same being the

northwest corner of the certain 18.357 acre tract described in the

said deed to Kuykendall at 1052.32 feet, passing a 1/2 inch diameter

steel pin found at the southwest corner of the said 18.357 acre

Kuykendall tract, the same being an exterior corner of that certain

819.425 acre tract described in a deed to Bill F. McGraw and

Katherine H. McGraw recorded in Volume 13229, Page 2338 of the Real

Property Records of Travis County, Texas at 2145.17 feet and

continuing a total distance of 6264.23 feet to a 1/2 inch diameter

steel pin found on the west line of the said McGraw tract at the

southeast corner of the said Lawrence tract and Southeast corner of

the Erin described tract, the same being an exterior corner of that

certain 715.48 acre tract described in a deed to Webbers Crossing

Ltd. recorded in Document Number 2005228084 of the Official Public

Records of Travis County, Texas;

THENCE, N 62°29'17" W, a distance of 1003.46 feet to a 1/2 inch

diameter steel pin found with cap stamped Lenz & Assoc. at the

southwest corner of the said Lawrence tract, the same being an

interior corner of the said 715.48 acre Webbers Crossing, Ltd.

tract;

THENCE, N 27°54'57" E, a distance of 4993.00 feet to a 1/2 diameter

steel pin four with cap stamped Lenz & Assoc. at an exterior corner

of the said Lawrence tract for an angle point on the east line of the

said 715.48 acre Webbers Crossing, Ltd. tract, the same being an

angle point on the south line of that certain 41.432 acre Save and

Except tract described in Parcel 2, Tract II of a deed recorded in

Volume 11561, Page 1637 of the Real Property Records of Travis

County, Texas;

THENCE, S 62°29'36" E, a distance of 903.59 feet to a 1/2 inch

diameter steel pin found at an interior corner of the said Lawrence

tract, the same being the southeast corner of the said 41.432 acre

Save and Except tract;

THENCE, N 27°55'12" E, a distance of 1284.62 feet to a 1/2 inch

diameter steel pin set with cap stamped Lenz & Assoc. on the south

right-of-way line of F.M. Highway 969 at the northerly northwest

corner of the said Lawrence tract and northeast corner of the said

41.432 acre Save and Except tract, from which a concrete

right-of-way monument found in the north right-of-way line of F.M.

Highway Number 969 bears N 53°07'06" W, 34.78 feet and N 30°11'22" E,

80.31 feet;

THENCE along the south right-of-way line of F.M. Highway 969, the

following two (2) courses and distance:

1)S 53°07'06" E, 63.79 feet to a 1/2 diameter steel pin set,

from which a concrete right-of-way monument found on the north

right-of-way line of F.M. Highway 969 bears N 31°55'47" E, 99.43

feet;

2)With a curve to the right, having a central angle of

0°39'48", a radius of 3224.05 feet, an arc of 37.32 feet and a chord

bearing and distance of S 57°44'20" E, 37.32 feet to the PLACE OF

BEGINNING, containing 117.98 acres of land (Gross Area), SAVE AND

EXCEPT the following described tract containing 0.23 acres of land

resulting 117.75 acres (Net Area):

0.23 ACRES OF LAND OUT OF THE THOMAS TOULSON SURVEY 12, TRAVIS

COUNTY, TEXAS, BEING ALL OF THAT CERTAIN TRACT CONVEYED FROM BETTY

JANE LAWRENCE TO MANVILLE WATER SUPPLY CORPORATION RECORDED IN

VOLUME 11545, PAGE 824 OF THE REAL PROPERTY RECORDS OF TRAVIS

COUNTY, TEXAS. THE SAID 0.23 ACRE OF LAND BEING MORE PARTICULARLY

DESCRIBED BY METES AND BOUND AS FOLLOWS:

COMMENCING at a 1/2 inch diameter steel pin found at the southeast

corner of the above described tract:

THENCE, N 62°29'17" W, a distance of 377.97 feet along the south line

of the above described tract to a point;

THENCE, N 27°30'43" E, a distance of 127.04 feet to a 1/2 inch

diameter steel pin found in the interior of the said Lawrence tract

at the southeast corner of the said Manville Water Supply

Corporation tract of the PLACE OF BEGINNING of the herein described

tract;

THENCE, N 62°28'12" W, a distance of 99.90 feet to a 1/2 inch

diameter steel pin found southwest corner of the said Manville

Water Supply Corporation tract;

THENCE, N 27°28'34" W, a distance of 99.96 feet to a 1/2 inch

diameter steel pin found northwest corner of the said Manville

Water Supply Corporation tract;

THENCE, N 62°20'59" W, a distance of 99.90 feet to a 1/2 inch

diameter steel pin found northeast corner of the said Manville

Water Supply Corporation tract;

THENCE, N 27°35'23" W, a distance of 99.75 feet to the PLACE OF

BEGINNING, containing 0.23 acres of land, more or less.

Tract 6: FIELD NOTES DESCRIPTION OF 41.39 ACRES OF LAND OUT OF THE

THOMAS TOULSON SURVEY NUMBER 12, TRAVIS COUNTY. TEXAS. BEING A

REMAINDER PORTION OF THAT CERTAIN 236.08 ACRE TRACT, CALLED

SECOND TRACT, CONVEYED TO THOMAS WARREN BURLESON BY DEED

RECORDED IN VOLUME 3049, PAGE 1609 OF THE DEED RECORDS OF TRAVIS

COUNTY, TEXAS, ALSO BEING A REMAINDER PORTION OF THAT CERTAIN

236.08 ACRE TRACT, CALLED SECOND TRACT, CONVEYED TO

BAYLOR EUGENE BURLESON BY DEED RECORDED IN VOLUME 3049, PAGE 1619

OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS. THE SAID 41.39 ACRES

OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS

FOLLOWS:

BEGINNING at a 1/2 inch diameter steel pin set with cap stamped

Lenz & Assoc. on the south right-of-way line of F.M. Highway 969, as

described in a deed to the State of Texas recorded in Volume 1421,

Page 174 of the Deed Records of Travis County, Texas, the same being

the north line of the said 236.08 acre Baylor Eugene Burleson

tract, and being at the northerly most northwest corner of that

certain 117.75 acre tract described in a deed to James R.

Carpenter recorded in Document Number 2006148977 of the

Official Public Records of Travis County. Texas;

THENCE, S 27°55'12" W, a distance of 1284.62 feet to a 1/2 inch

diameter steel pin found at an interior corner of the said 117.75

acre Carpenter tract;

THENCE, N 62°29'36" W, at 903.59 feet passing a 1/2 inch

diameter steel pin set with cap stamped Lenz & Assoc. at an

exterior corner of the said 117.75 acre Carpenter tract, the same

being an exterior corner of that certain 715.48 acre tract

described in a deed to Webbers Crossing, LTO recorded in

Document Number 2005228084 of the Official Public Records of

Travis County, Texas, and continuing a total distance of 946.59

feet to a 1/2 inch diameter steel pin set with cap stamped Lenz &

Assoc. at an angle point on the east line of the said 715.48 acre

Webbers Crossing, LTD tract;

THENCE, along the east line of the said 715.48 acre Webbers

Crossing, LTO tract, the following three (3) courses and distances:

1) N 30°25'54" W, 272.57 feet to a 60d nail set on top of a fence

corner post;

2) N 31°21'54" W, 471.22 feet to a 1/2 inch diameter steel pin set

with cap stamped Lenz & Assoc.;

3) N 2°53'06" E, 703.43 feet to a fence corner post found on the

south line of F.M. Highway Number 969 at an exterior corner of the

said 715.48 acre Webbers Crossing, LTO tract, from which a concrete

right-of-way monument found bears N 72°09'54" W, 908.15 feet;

THENCE, along and with the south right-of-way line of F.M. Highway

Number 969, the following five {5) courses and distances:

1) S 72°09'54" E, 875.35 feet to a concrete right-of-way monument

found;

2) With a curve to the right, having a central angle of 03°27'57", a

radius of 3224.05 feet, an arc of 195.02 feet and a chord bearing

and distance of S 70°20'53" E, 194.99 feet to a concrete

right-of-way monument found;

3) S 73°28'24" E, 99.96 feet to a concrete right-of-way monument

found;

4) With a curve to the right, having a central angle of 07°02'23", a

radius of 3234.05 feet. an arc of 397.36 feet and a chord bearing

and distance of S 63°19'49" E, 397.11 feet to a 1/2 inch diameter

steel pin set with cap stamped Lenz & Assoc., from which a concrete

right- of-way monument found on the north right-of-way line of F.M.

Highway Number 969 bears N 30°11'22" E, 80.31 feet;

5) S 53°07'06" E, 34.78 feet to the PLACE OF BEGINNING, containing

41.39 acres of land, more or less.

Tract 7: FIELD NOTES DESCRIPTION OF 159.802 ACRES OF LAND OUT OF THE

JAMES GILLELAND SURVEY NO. 13 TRAVIS COUNTY, TEXAS. BEING ALL OF

THAT CERTAIN TRACT CALLED 159.631 ACRES IN A TO EQUIVEST

PROPERTIES, INC. TRUSTEE, RECORDED IN VOLUME 11205, PAGE 1205 OF

THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS AND BEING MORE

PARTICULARLY DESCRIBED AS TWO TRACTS, BEING 77.92 ACRES DESCRIBED

IN A DEED TO EQUIVEST PROPERTIES, INC., TRUSTEE RECORDED IN VOLUME

4738, PAGE 647 AND 81.90 ACRES IN A DEED TO QUIVEST PROPERTIES,

INC., TRUSTEE RECORD ED IN VOLUME 4736, PAGE 662, BOTH OF THE DEED

RECORDS OF TRAVIS COUNTY, TEXAS. THE SAID 159.802 ACRES OF LAND

BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING, at a 1/2 inch diameter steel pin found at the

intersection of the north right-of-way line of F.M. Highway Number

969 with the west line of Burleson-Manor Road and being at the

southeast corner of the aid 77.92 acre tract describe in Volume

4735, Page 547 of the Deed Record of Travis County, Texas;

THENCE, along and with the north right-of-way line of F.M. Highway

Number 969, the following three (3) courses and distances:

1)N 70°03'56" W, 529.64 feet to a concrete right-of-way

monument found;

2)With a curve to the left, having a central angle of

18°09'25", a radius of 1959.86 feet, an arc of 621.07 feet and a

chord bearing and distance of N 79°06'31" W, 618.48 feet to a

concrete right-of-way monument found;

3)N 88°07'39" W, 710.64 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc. at the southwest corner of the

said 81.90 acre tract, the same being the southeast corner of the

certain 79.756 acre tract described in a deed to Christopher R.

Murray and Florentina Murry recorded in Volume 12322, Page 344 of

the Real Property Records of Travis County, Texas, the same being

the southeast corner of a 1.39 acre portion of the said 79.785 acre

Murray tract described in a deed to Tremur Consulting Contractors,

Inc. recorded in Volume 12658, Page 421 of the Real Property Records

of Travis County, Texas, from which a concrete right-of-way

monument found bears N 88°07'39" W, 820.07 feet and a 1/2 inch

diameter steel pin found bears S 30°00'00" W, 0.31 feet;

THENCE, N 30°00'00" E, along the west line of the said 81.90 acre

tract, the same being the east line of the said 1.39 acre Tremor

Consulting Contractors, Inc. tract and the remainder portion of the

said 79.788 acre Murray tract, passing a 1/2 inch diameter steel pin

found 0.29 feet east of line at 169.38 feet passing a 1/2 inch

diameter steel pin found 0.28 feet west of line at 305.27 feet,

passing a 1/2 inch diameter steel pin found 0.29 feet west of line

at 1331.22 feet and continuing a total distance of 4303.44 feet to a

1/2 inch diameter steel pin found at a fence corner post at the

northwest corner of the said 81.90 acre tract, the same being the

northeast corner of the said 79.785 acre Murray tract and being on

the south line, as presently fenced, of that certain 72.453 acre

tract described in a deed to Mary Frances Wisian recorded in Volume

5208, Page 989 of the northwest corner of the said 79.785 Murray

tract, the same being an interior corner of the said 72.453 acre

Wisian tract bears N 50°27'54" W. 588.19 feet;

THENCE, S 50°56'10" E, a distance of 1775.73 feet along the north

line of the said 81.90 acre and 77.92 acre Equivest Properties, Inc.

Trustee tracts, as presently fenced, the same being the south line

of the said 72.453 acre Wisian tract, as presently fenced, to a

fenced corner post on the west line of Burleson-Manor Road;

THENCE, along and with the east line of the said 77.92 acre tract

and west line of Burleson=-Manor Road, the following three (3)

course and distances;

1)S 29°52'56" W, 3129.27 feet to a 1/2 inch diameter steel pin

set cap stamped Lenz & Assoc.;

2)S 44°27'00" W, 165.92 feet to a 1/2 inch diameter steel pin

set with cap stamped Lenz & Assoc.;

S 31°14'00" W, 413.61 feet to the PLACE OF BEGINNING, containing

159.802 acres of land, more or less.

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.

its recommendations relating to this Act with the governor,

lieutenant governor, and speaker of the house of representatives

within the required time.

(d) All requirements of the constitution and laws of this

state and the rules and procedures of the legislature with respect

to the notice, introduction, and passage of this Act have been

fulfilled and accomplished.

SECTION 4. This Act takes effect 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, 2019.