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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the East Central Travis County |
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Conservation and Reclamation District No. 1; granting a limited |
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power of eminent domain; providing authority to issue bonds; |
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providing authority to impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7953A to read as follows: |
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CHAPTER 7953A. EAST CENTRAL TRAVIS COUNTY CONSERVATION AND |
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RECLAMATION DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7953A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the East Central Travis County |
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Conservation and Reclamation District No. 1. |
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Sec. 7953A.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7953A.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7953A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7953A.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7953A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7953A.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7953A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7953A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7953A.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7953A.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7953A.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7953A.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7953A.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7953A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7953A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7953A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7953A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 7953A.0306. DIVISION OF DISTRICT. (a) The district |
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may be divided into two or more new districts only if the district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) A new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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7953A.0103 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) A new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 7953A.0103. |
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(i) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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7953A.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7953A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section |
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7953A.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7953A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7953A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7953A.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7953A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7953A.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7953A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The East Central Travis County Conservation and |
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Reclamation District No. 1 initially includes all the territory |
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contained in the following area: |
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"PARCEL 1" - (Northwest Tract) |
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BEING A DESCRIPTION OF a 791.6381 acres (34,483,754 square |
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foot) tract of land out of the Santiago del Valle Grant, Abstract |
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No. 24, Travis County, Texas, and being a portion of a called 23.04 |
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acre tract and all of a called 9.18 acre tract, both conveyed to |
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Thelma Bolm Yeates et al. in Volume 5000, Page 2364 of the Deed |
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Records of Travis County, Texas (D.R.T.C.T.), save and except a |
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called 3.647 acre tract (DESCRIBED AS TRACT TWO) conveyed to the |
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City of Austin in Document No. 2007113005 of the Official Public |
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Records of Travis County, Texas (O.P.R.T.C.T.), a PORTION of a |
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called 11.095 acre tract (described as tract three) and a called |
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232.59 acre tract (described as tract four), both conveyed to |
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Fitzpatrick Bar X Ranch, L.P., in Document Nos. 2011023927, |
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2011023928 and 2012046374 (O.P.R.T.C.T.), a portion of said 232.59 |
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acre tract also being described as a called 18.690 acre tract |
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conveyed to Lake Pasture Ranch, LLC, in Document Nos. 2020032051 |
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and 2020032052 (O.P.R.T.C.T.), and being all of a called 96.38 acre |
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tract conveyed to Lake Pasture Ranch, LLC, in Document Nos. |
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2020032051 and 2020032052 (O.P.R.T.C.T.), and being all of a called |
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241.77 acre tract and a 213.71 acre tract conveyed (as an interest) |
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to Bailey Ranch Holdings, L.P., in Document No. 2005171964 |
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(O.P.R.T.C.T., said tracts previously described in Volume 5000, |
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Page 2364 (D.R.T.C.T.)), said 791.6381 acres being more |
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particularly described by metes and bounds as follows: |
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BEGINNING, at a 1/2-inch iron rod found in the north |
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right-of-way line of Hergotz Lane (right-of-way varies), and being |
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in the south line of said Yeates 23.04 acre tract, and being in the |
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south line of said Fitzpatrick Bar X Ranch Tract Three, for the |
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southwest corner and POINT OF BEGINNING hereof, from which a |
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1/2-inch iron rod found in the north right-of-way line of said |
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Hergotz Lane and the south line of said Yeates 23.04 acre tract, and |
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being the southwest corner of said Fitzpatrick Bar X Ranch Tract |
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Three bears, S83°48'22"W, a distance of 172.37 feet; |
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THENCE, leaving the north right-of-way line of said Hergotz |
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Lane and the south lines of said Yeates 23.04 acre tract and said |
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Fitzpatrick Bar X Ranch Tract Three, over and across said 23.04 acre |
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Yeates tract, and in part over and across said Fitzpatrick Bar X |
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Ranch Tract Three, N08°00'12"W, passing at a distance of 507.24 |
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feet, a 1/2-inch iron rod with "4Ward Boundary" cap set for |
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reference, and continuing a total distance of 517.24 feet to a |
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calculated point for the northwest corner hereof, said point being |
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at the record south bank of the Colorado River, said point being at |
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the northwest corner of said Yeates 9.18 acre tract, and being the |
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northeast corner of said Yeates 23.04 acre tract; |
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THENCE, continuing with the south bank of the Colorado and |
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its meanders, and with the north line of said Yeates 9.18 acre |
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tract, N57°22'21"E, a distance of 261.21 feet to a 1/2-inch iron rod |
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found for an angle point hereof, said point being at the northwest |
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corner of said Fitzpatrick Bar X Ranch Tract Three; |
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THENCE, continuing with the south bank of the Colorado and |
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its meanders, and with the north lines of said Yeates 9.18 acre |
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tract and said Fitzpatrick Bar X Ranch Tract Three, N56°52'41"E, a |
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distance of 555.06 feet to a 1/2-inch iron rod found for an angle |
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point hereof, said point being at the northwest corner of said |
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Bailey Ranch 241.77 acre tract, and being the northeast corner of |
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said Yeates 9.18 acre tract and said Fitzpatrick Bar X Ranch Tract |
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Three; |
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THENCE, continuing with the south bank of the Colorado and |
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its meanders, and with the north line of said Bailey Ranch 241.77 |
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acre tract, the following eighteen (18) courses and distances: |
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1. N58°14'11"E, a distance of 332.87 feet to a calculated |
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point for an angle point hereof, |
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2. N51°07'11"E, a distance of 338.18 feet to a calculated |
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point for an angle point hereof, |
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3. N46°15'11"E, a distance of 321.10 feet to a calculated |
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point for an angle point hereof, |
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4. N43°39'11"E, a distance of 149.34 feet to a calculated |
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point for an angle point hereof, |
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5. N48°02'11"E, a distance of 50.98 feet to a calculated |
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point for an angle point hereof, |
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6. N24°04'11"E, a distance of 685.91 feet to a calculated |
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point for an angle point hereof, |
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7. N50°55'11"E, a distance of 282.84 feet to a calculated |
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point for an angle point hereof, |
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8. N42°55'11"E, a distance of 224.48 feet to a calculated |
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point for an angle point hereof, |
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9. N35°03'11"E, a distance of 583.65 feet to a calculated |
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point for an angle point hereof, |
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10. N47°57'11"E, a distance of 953.18 feet to a calculated |
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point for an angle point hereof, |
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11. N52°47'11"E, a distance of 454.52 feet to a calculated |
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point for an angle point hereof, |
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12. N47°41'11"E, a distance of 584.84 feet to a calculated |
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point for an angle point hereof, |
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13. N45°16'11"E, a distance of 814.33 feet to a calculated |
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point for an angle point hereof, |
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14. N57°22'11"E, a distance of 643.29 feet to a calculated |
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point for an angle point hereof, |
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15. N71°50'11"E, a distance of 357.44 feet to a calculated |
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point for an angle point hereof, |
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16. N72°50'11"E, a distance of 326.39 feet to a calculated |
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|
point for an angle point hereof, |
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17. N74°08'11"E, a distance of 226.51 feet to a calculated |
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|
point for an angle point hereof, and |
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18. N75°04'11"E, a distance of 166.61 feet to a calculated |
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|
point for an angle point hereof, said point being at the northwest |
|
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corner of said Fitzpatrick Bar X Ranch Tract Four, and being the |
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northeast corner of said Bailey Ranch 241.77 acre tract, from which |
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a 12" wooden fence post found bears N19°01'28"E, a distance of 5.96 |
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feet; |
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THENCE, continuing with the south bank of the Colorado and |
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its meanders, and with the north line of said Fitzpatrick Bar X |
|
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Ranch Tract Four, the following eleven (11) courses and distances: |
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1. N73°35'14"E, a distance of 161.13 feet to a calculated |
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point for an angle point hereof, |
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2. S87°46'46"E, a distance of 318.37 feet to a calculated |
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|
point for an angle point hereof, |
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|
3. S75°18'46"E, a distance of 189.00 feet to a calculated |
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|
point for an angle point hereof, |
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|
4. N83°09'14"E, a distance of 399.34 feet to a calculated |
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|
point for an angle point hereof, |
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|
5. N78°54'14"E, a distance of 505.42 feet to a calculated |
|
|
point for an angle point hereof, |
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|
6. N86°04'14"E, a distance of 485.59 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
7. N84°30'14"E, a distance of 436.01 feet to a calculated |
|
|
point for an angle point hereof, |
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|
8. N75°31'14"E, a distance of 200.12 feet to a calculated |
|
|
point for an angle point hereof, |
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9. N68°13'14"E, a distance of 311.43 feet to a calculated |
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|
point for an angle point hereof, |
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10. N79°14'14"E, a distance of 976.26 feet to a calculated |
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point for an angle point hereof, and |
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11. S74°59'46"E, a distance of 760.57 feet to a calculated |
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|
point for an angle point hereof, said point being in the northwest |
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|
line of a called 55.68 acre tract conveyed to Martin Lee Mehner in |
|
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Document No. 2011058578 (O.P.R.T.C.T.), and being the northeast |
|
|
corner of said Fitzpatrick Bar X Ranch Tract Four, from which a |
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1/2-inch iron rod with "M Meador 1966" cap found at the north corner |
|
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of said Mehner tract bears, N43°06'00"E, a distance of 2.00 feet; |
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THENCE, with the common line of said Mehner tract and said |
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Fitzpatrick Bar X Ranch Tract Four, S43°06'00"W, passing at a |
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distance of 164.10 feet, 1/2-inch iron rod with "M Meador 1966" cap |
|
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found, passing at a distance of 985.34 feet, a 1/2-inch iron rod |
|
|
with "M Meador 1966" cap found, and continuing for a total distance |
|
|
of 3282.41 feet to a 1/2-inch iron rod found for an angle point |
|
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hereof, said point being at the northeast corner of said 96.38 acre |
|
|
Lake Pasture Ranch tract, and being the southeast corner of said |
|
|
Fitzpatrick Bar X Ranch Tract Four, said corner also described in a |
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|
Surveyor's Report in Document No. 2020032051 (O.P.R.T.C.T.); |
|
|
THENCE, with the common line of said Mehner tract and said |
|
|
96.38 acre Lake Pasture Ranch tract, the following two (2) courses |
|
|
and distances: |
|
|
1. S42°28'38"W, a distance of 32.57 feet to a 1/2-inch iron |
|
|
rod with illegible cap found for an angle point hereof, and |
|
|
2. S42°58'37"W, a distance of 1011.32 feet to a 1/2-inch iron |
|
|
rod with "M Meador 1966" cap found for an angle point hereof, said |
|
|
point being at the north corner of a called 110.07 acre tract |
|
|
conveyed to APAC-Texas, Inc., in Document No. 2011024518 |
|
|
(O.P.R.T.C.T.), and being the west corner of said Mehner tract; |
|
|
THENCE, with the common line of said APAC-Texas tract and |
|
|
said 96.38 acre Lake Pasture Ranch tract, S42°56'36"W, a distance of |
|
|
2,503.52 feet to a 1/2-inch iron rod with "M Meador 1966" cap found |
|
|
for the southeast corner hereof, said point being at the beginning |
|
|
of the right-of-way transition from Ramirez Lane (right-of-way |
|
|
varies) to Edwin Lane (right-of-way varies) and being the common |
|
|
south corner of said APAC-Texas tract and said 96.38 acre Lake |
|
|
Pasture Ranch tract; |
|
|
THENCE, with the right-of-way transition from said Ramirez |
|
|
Lane to said Edwin Lane, and with the south line of said 96.38 acre |
|
|
Lake Pasture Ranch tract, the following two (2) courses and |
|
|
distances: |
|
|
1. N76°53'45"W, a distance of 18.75 feet to a 1/2-inch iron |
|
|
rod with "4Ward Boundary" cap set for an angle point hereof, and |
|
|
2. S43°18'15"W, a distance of 23.43 feet to a 60D found in a |
|
|
6" cedar fence post for an angle point hereof, said point being at |
|
|
the end of the right-of-way transition from said Ramirez Lane to |
|
|
said Edwin Lane, and being the northeast corner of said Bailey Ranch |
|
|
213.71 acre tract, and being a south corner of said 96.38 acre Lake |
|
|
Pasture Ranch tract, said corner also described in a Surveyor's |
|
|
Report in Document No. 2020032051 (O.P.R.T.C.T.); |
|
|
THENCE, with the northwest right-of-way line of said Edwin |
|
|
Lane and the southeast line of said Bailey Ranch 213.71 acre tract, |
|
|
S42°54'57"W, a distance of 3727.82 feet to a 3/4-inch iron pipe |
|
|
found for an angle point hereof, said point being at the beginning |
|
|
of the right-of-way transition from said Edwin Lane to said Hergotz |
|
|
Lane; |
|
|
THENCE, with the right-of-way transition from said Edwin Lane |
|
|
to said Hergotz Lane, and with the south line of said Bailey Ranch |
|
|
213.71 acre tract, S87°43'19"W, a distance of 71.52 feet to a |
|
|
3/4-inch iron pipe found for an angle point hereof, said point being |
|
|
at the end of the right-of-way transition from said Edwin Lane to |
|
|
said Hergotz Lane; |
|
|
THENCE, with the northeast right-of-way line of said Hergotz |
|
|
Lane and the southwest line of said Bailey Ranch 213.71 acre tract, |
|
|
N47°37'54"W, a distance of 2631.84 feet to a 1/2-inch iron rod with |
|
|
"4Ward Boundary" cap set for an angle point hereof, said point being |
|
|
at the southeast corner of said Yeates 23.04 acre tract, and being |
|
|
an angle point in the north right-of-way line of said Hergotz Lane; |
|
|
THENCE, with the north right-of-way line of said Hergotz Lane |
|
|
and the south line of said Yeates 23.04 acre tract, and in part with |
|
|
the south line of said Fitzpatrick Bar X Ranch Tract Three, the |
|
|
following three (3) courses and distances: |
|
|
1. N70°30'10"W, a distance of 155.17 feet to a 1/2-inch iron |
|
|
rod with "4Ward Boundary" cap set for an angle point hereof, |
|
|
2. S84°35'14"W, passing at a distance of 1,057.99 feet, a |
|
|
1/2-inch iron rod found at the southeast corner of said Fitzpatrick |
|
|
Bar X Ranch Tract Three, and continuing for a total distance of |
|
|
1267.11 feet to a 1/2-inch iron rod with "4Ward Boundary" cap set |
|
|
for an angle point hereof, and |
|
|
3. S83°48'22"W, a distance of 160.29 feet to the POINT OF |
|
|
BEGINNING, and containing 791.6381 acres (34,483,754 square feet) |
|
|
more or less. |
|
|
"PARCEL 2" - (Southwest Tract) |
|
|
BEING A DESCRIPTION OF a 382.5693 acres (16,664,720 square |
|
|
foot) tract of land out of the Santiago del Valle Grant, Abstract |
|
|
No. 24, Travis County, Texas, and being a portion of a called 308.61 |
|
|
acre tract (described as tract one) conveyed to the Fitzpatrick Bar |
|
|
X Ranch, L.P., in Document Nos. 2011023927, 2011023928 and |
|
|
2012046374 of the Official Public Records of Travis County, Texas |
|
|
(O.P.R.T.C.T.), said tract being previously described as a 302.45 |
|
|
acre tract in a deed to Thelma Bolm Yeates et al. in Volume 5000, |
|
|
Page 2364 of the Deed Records of Travis County, Texas (D.R.T.C.T.), |
|
|
and being all of a called 92.50 acre tract conveyed to Bailey Ranch |
|
|
Holdings, L.P., in Document No. 2005171964 (O.P.R.T.C.T., said |
|
|
tract being previously described in Volume 5000, Page 2364 |
|
|
(D.R.T.C.T.)), save and except a called 12.600 acre tract conveyed |
|
|
to Marcelo Vera in Document No. 2007215877 (O.P.R.T.C.T.), said |
|
|
382.5693 acres being more particularly described by metes and |
|
|
bounds as follows: |
|
|
BEGINNING, at a 1/2-inch iron pipe found at the beginning of |
|
|
the right-of-way transition from Hergotz Lane (right-of-way |
|
|
varies) to Dalton Lane (right-of-way varies) and being an east |
|
|
corner of said Bailey Ranch tract, for an east corner and POINT OF |
|
|
BEGINNING hereof; |
|
|
THENCE, with the right-of-way transition from said Hergotz |
|
|
Lane to said Dalton Lane, and with the east line of said Bailey |
|
|
Ranch tract, S02°42'33"E, a distance of 70.07 feet to a 1/2-inch |
|
|
iron rod with "4Ward Boundary" cap set for an east corner hereof, |
|
|
said point being at the end of the right-of-way transition from said |
|
|
Hergotz Lane to said Dalton Lane; |
|
|
THENCE, with the northwest right-of-way line of said Dalton |
|
|
Lane and the southeast line of said Bailey Ranch tract, S42°37'41"W, |
|
|
a distance of 2,350.51 feet to a 1/2-inch iron rod found for the |
|
|
southeast corner hereof, said point being the east corner of said |
|
|
Vera tract, from which a bolt found at the east corner of a called |
|
|
10.74 acre tract conveyed to Marcelo and Josephine Vera in Document |
|
|
No. 2013076814 (O.P.R.T.C.T., said tract being the remainder of a |
|
|
called 40 acre tract described in Volume 397 Page 437 |
|
|
(D.R.T.C.T.)), and being the south corner of said Vera 12.600 acre |
|
|
tract, and being the south corner of said Bailey Ranch tract bears, |
|
|
S42°43'09"W, a distance of 381.65 feet; |
|
|
THENCE, leaving the northwest right-of-way line of said |
|
|
Dalton Lane and the southeast line of said Bailey Ranch tract, over |
|
|
and across said Bailey Ranch tract, in part over and across said |
|
|
Fitzpatrick Bar X tract, with the northeast line of said Vera 12.600 |
|
|
acre tract, N47°42'21"W, a distance of 1,446.24 feet to a 1/2-inch |
|
|
iron rod found for an interior ell-corner hereof, said point being |
|
|
in the southeast line of said Yeates 302.45 acre tract, and being in |
|
|
the northwest line of said Bailey Ranch tract, and being the north |
|
|
corner of said Vera 12.600 acre tract; |
|
|
THENCE, over and across said Fitzpatrick Bar X tract, with |
|
|
the common line of said Bailey Ranch tract, said Vera 12.600 acre |
|
|
tract and said Yeates 302.45 acre tract, the following two (2) |
|
|
courses and distances: |
|
|
1. S42°46'49"W, a distance of 377.12 feet to a 1/2-inch iron |
|
|
rod found for an interior ell-corner hereof, and |
|
|
2. S47°31'34"E, a distance of 81.24 feet to a 1/2-inch iron |
|
|
rod with "4Ward Boundary" cap set for an exterior ell-corner |
|
|
hereof, said point being the north corner of said Vera 10.74 acre |
|
|
tract, and being in the southwest line of said Vera 12.600 acre |
|
|
tract, and being an angle point in the east line of said Yeates |
|
|
302.45 acre tract and said Fitzpatrick Bar X tract, from which a |
|
|
bolt found in the northwest right-of-way of said Dayton Lane, and |
|
|
being the common south corner of said Vera 10.74 acre and 12.600 |
|
|
acre tracts and said Bailey Ranch tract bears, S47°31'34"E, a |
|
|
distance of 1,365.38 feet; |
|
|
THENCE, with the northwest line of said Vera 10.74 acre tract |
|
|
and the southeast line of said Fitzpatrick Bar X tract, S42°40'08"W, |
|
|
passing at a distance of 1.90 feet, a 1/2-inch iron rod found, and |
|
|
continuing for a total distance of 343.98 feet to a 3/4-inch iron |
|
|
pipe found for an angle point hereof, said point being at the north |
|
|
corner of a called 13.6040 acre tract conveyed to the Jane Rabb |
|
|
Family Trust in Document No. 2012031044 (O.P.R.T.C.T., said tract |
|
|
described in Volume 11209, Page 877 of the Real Property Records of |
|
|
Travis County, Texas (R.P.R.T.C.T.)), and being the west corner of |
|
|
said Vera 10.74 acre tract; |
|
|
THENCE, with the northwest line of said Rabb tract and the |
|
|
southeast line of said Fitzpatrick Bar X tract, S42°45'59"W, a |
|
|
distance of 423.13 feet to a 2-inch iron rod found for the southeast |
|
|
corner hereof, said point being the east corner of a called 16.49 |
|
|
acre tract conveyed to AAA Fire & Safety Equipment Co., Inc., in |
|
|
Document No. 2009209643 (O.P.R.T.C.T., said tract being the |
|
|
remainder of a 26.04 acre tract described in Volume 9665, Page 120 |
|
|
(R.P.R.T.C.T.)), and being the southeast corner of said Fitzpatrick |
|
|
Bar X tract; |
|
|
THENCE, with the northeast line of said AAA Fire & Safety |
|
|
tract and the southwest line of said Fitzpatrick Bar X tract, |
|
|
N47°48'33"W, a distance of 306.53 feet to a 1/2-inch iron rod found |
|
|
for an angle point hereof, said point being the east corner of a |
|
|
called 9.55 acre tract conveyed to Victor M. Medina in Document |
|
|
No. 2009109790 (O.P.R.T.C.T., said tract described in Volume |
|
|
13266, Page 2782 (R.P.R.T.C.T.)), and being the north corner of |
|
|
said AAA Fire & Safety Equipment tract; |
|
|
THENCE, with the northeast line of said Medina tract and the |
|
|
southwest line of said Fitzpatrick Bar X tract, N47°13'08"W, a |
|
|
distance of 329.20 feet to a 1.25-inch iron rod found for an angle |
|
|
point hereof, said point being the east corner of a called 42.65 |
|
|
acre tract conveyed to J-V Marble Mfg. Inc., et al., in Volume 8467, |
|
|
Page 555 (D.R.T.C.T.), and being the north corner of said Medina |
|
|
tract; |
|
|
THENCE, with the northeast line of said J-V Marble Mfg. tract |
|
|
and the southwest line of said Fitzpatrick Bar X tract, the |
|
|
following two (2) courses and distances: |
|
|
1. N47°48'26"W, a distance of 316.92 feet to a 1/2-inch iron |
|
|
rod with "4Ward Boundary" cap set for an angle point hereof, and |
|
|
2. N47°47'39"W, a distance of 317.84 feet to a 1/2-inch iron |
|
|
pipe found for an exterior ell-corner hereof, said point being in |
|
|
the southeast line of a called 3.699 acre tract conveyed to William |
|
|
and Bernice Schkade in Volume 10890, Page 1381 (R.P.R.T.C.T.), and |
|
|
being the north corner of said J-V Marble tract; |
|
|
THENCE, with the common line of said Schkade tract and said |
|
|
Fitzpatrick Bar X tract, the following two (2) courses and |
|
|
distances: |
|
|
1. N42°00'37"E, a distance of 273.36 feet to a 1/2-inch iron |
|
|
rod found for an interior ell-corner hereof, and |
|
|
2. N47°54'43"W, a distance of 150.55 feet to a 1-inch iron |
|
|
rod found for an angle point hereof, said point being at the east |
|
|
corner of a 2.994 acre tract conveyed to the City of Austin in |
|
|
Document No. 2012014510 (O.P.R.T.C.T.), and being the north corner |
|
|
of said Schkade tract; |
|
|
THENCE, with the northeast line of said City of Austin tract |
|
|
and the southwest line of said Fitzpatrick Bar X tract, N47°27'44"W, |
|
|
a distance of 165.11 feet to a 1-inch iron rod found for an angle |
|
|
point hereof, said point being at the northeast terminus of the |
|
|
right-of-way of Patton Lane (25' right-of-way, dedicated in |
|
|
Bergstrom Downs No. 1, recorded in Volume 5, Page 2 of the Plat |
|
|
Records of Travis County, Texas (P.R.T.C.T.)), and being at the |
|
|
north corner of said City of Austin tract; |
|
|
THENCE, with the southwest line of said Fitzpatrick Bar X |
|
|
tract, in part with the northern terminus of said Patton Lane, in |
|
|
part with the northeast line of Lot 13, Block 5 of said Bergstrom |
|
|
Down No. 1, and in part with the northeast line of a called 21.233 |
|
|
acre tract conveyed to Bruce Anton in Volume 13071, Page 1645 |
|
|
(R.P.R.T.C.T.), N47°40'09"W, passing at a distance of 25.03 feet, a |
|
|
1/2-inch iron pipe found, passing at a distance of 168.62 feet, a |
|
|
1/2-inch iron rod found, and continuing for a total distance of |
|
|
516.22 feet to a 1/2-inch iron pipe found for an angle point hereof, |
|
|
said point being at the east corner of a called 20.56 acre tract |
|
|
conveyed to the ZZV Trust in Document No. 2012221563 |
|
|
(O.P.R.T.C.T.), and being the north corner of said Anton tract; |
|
|
THENCE, with the northeast line of the ZZV Trust tract and the |
|
|
southwest line of said Fitzpatrick Bar X tract, N47°27'34"W, a |
|
|
distance of 1,611.25 feet to a 1/2-inch iron rod with "4Ward |
|
|
Boundary" cap set for the southwest corner hereof, said point being |
|
|
in the east right-of-way line of Thompson Lane (right-of-way |
|
|
varies), and being at the north corner of said ZZV tract; |
|
|
THENCE, with the east right-of-way line of said Thompson Lane |
|
|
and the west line of said Fitzpatrick Bar X tract, the following |
|
|
three (3) courses and distances: |
|
|
1. N41°12'11"E, a distance of 513.45 feet to a 1/2-inch iron |
|
|
pipe found for an angle point hereof, |
|
|
2. N08°08'06"E, a distance of 62.88 feet to a 1/2-inch iron |
|
|
pipe found for an angle point hereof, and |
|
|
3. N00°44'13"W, a distance of 1,330.76 feet to a 1/2-inch |
|
|
iron rod with "4Ward Boundary" cap set for the northwest corner |
|
|
hereof, said point being at the intersection of the east |
|
|
right-of-way line of said Thompson Lane with the south right-of-way |
|
|
line of said Hergotz Lane; |
|
|
THENCE, with the south and southwest right-of-way lines of |
|
|
said Hergotz Lane, and with the north and east lines of said |
|
|
Fitzpatrick Bar X tract, the following six (6) courses and |
|
|
distances: |
|
|
1. N79°32'51"E, a distance of 469.26 feet to a 3/4-inch iron |
|
|
pipe found for an angle point hereof, |
|
|
2. N83°48'22"E, a distance of 513.19 feet to a 1/2-inch iron |
|
|
rod found for an angle point hereof, |
|
|
3. N84°35'14"E, a distance of 1,239.77 feet to a 3/4-inch |
|
|
iron pipe found for a point of curvature hereof, |
|
|
4. Along the arc of a curve to the right, having an arc |
|
|
length of 147.98 feet, having a radius of 204.60 feet, and a chord |
|
|
that bears S71°32'06"E, a distance of 144.77 feet to a 1/2-inch iron |
|
|
pipe found for a point of non-tangency hereof, |
|
|
5. S44°12'22"E, a distance of 84.28 feet to a 60D nail found |
|
|
for an angle point hereof, and |
|
|
6. S47°40'40"E, a distance of 2,934.71 feet to a 1/2-inch |
|
|
iron rod found for an angle point hereof, said point being the |
|
|
common north corner of said Bailey Ranch tract and said Yeats tract; |
|
|
THENCE, continuing with the southwest right-of-way line of |
|
|
said Hergotz Lane, with the northeast line of said Bailey Ranch |
|
|
tract, in part with the northeast line of said Fitzpatrick Bar X |
|
|
tract, S47°36'25"E, a distance of 1,396.48 feet to the POINT OF |
|
|
BEGINNING, and containing 382.5693 acres (16,664,720 square feet) |
|
|
more or less. |
|
|
"PARCEL 3" - (Central Tract) |
|
|
BEING A DESCRIPTION OF a 162.4222 acres (7,075,112 square |
|
|
foot) tract of land out of the Santiago del Valle Grant, Abstract |
|
|
No. 24, Travis County, Texas, and being all of a called 162.50 acre |
|
|
tract conveyed to Bailey Ranch Holdings, L.P., in Document |
|
|
No. 2005171964 of the Official Public Records of Travis County, |
|
|
Texas (O.P.R.T.C.T.), said tract being previously described as a |
|
|
162.50 acre tract in a deed to Thelma Bolm Yeates et al. in Volume |
|
|
5000, Page 2364 of the Deed Records of Travis County, Texas |
|
|
(D.R.T.C.T.), said 162.4222 acres being more particularly |
|
|
described by metes and bounds as follows: |
|
|
BEGINNING, at a 1/2-inch iron pipe found in the southwest |
|
|
right-of-way line of Ramirez Lane (right-of-way varies), and being |
|
|
at the north corner of a called 29.807 acre tract conveyed to |
|
|
APAC-Texas, Inc., in Document No. 2011018691 (O.P.R.T.C.T.), and |
|
|
being the east corner of said Bailey Ranch tract, for the east |
|
|
corner and POINT OF BEGINNING hereof, from which a 1/2-inch iron rod |
|
|
found at an angle point in the southwest right-of-way line of said |
|
|
Ramirez Lane, and being an east corner of said APAC-Texas tract |
|
|
bears, S47°37'26"E, a distance of 635.21 feet; |
|
|
THENCE, leaving the southwest right-of-way line of said |
|
|
Ramirez Lane, with the southeast line of said Bailey Ranch tract, in |
|
|
part with the northwest line of said APAC-Texas tract, in part with |
|
|
the northwest line of a called 10.039 acre tract conveyed to |
|
|
Hergotz, LLC, in Document No. 2019004534 (O.P.R.T.C.T.), in part |
|
|
with the northwest line of a called 1.761 acre tract conveyed to |
|
|
Antonio Suarez Aguirre et al. in Document No. 2008193608 |
|
|
(O.P.R.T.C.T.), in part with the northwest line of a called 3.231 |
|
|
acre tract conveyed to Charly Sarkadi in Document No. 2004035575 |
|
|
(O.P.R.T.C.T.), and in part with the northwest line of a called |
|
|
14.826 acre tract conveyed to APAC-Texas, Inc., in Document |
|
|
No. 2011018688 (O.P.R.T.C.T.), S42°54'27"W, passing at a distance |
|
|
of 926.78 feet, a 1/2-inch iron rod found, passing at a distance of |
|
|
2,504.97 feet, a calculated point, from which calculated point a |
|
|
1/2-inch iron rod with "5687" cap found bears, N56°14'08"E, a |
|
|
distance of 3.53 feet, and also from said calculated point a |
|
|
1/2-inch iron pipe found at the record north corner of said Aguirre |
|
|
tract bears, N48°13'15"W, a distance of 6.93 feet, passing at a |
|
|
distance of 2,815.18 feet, a 1/2-inch iron pipe found at the common |
|
|
north corner of said Sarkadi tract and said 14.826 acre APAC-Texas |
|
|
tract, and continuing for a total distance of 3,741.68 feet to a |
|
|
1/2-inch iron pipe found for the south corner hereof, said point |
|
|
being in the northeast right-of-way line of Hergotz Lane |
|
|
(right-of-way varies) and being the west corner of said 14.826 acre |
|
|
APAC-Texas tract, and being the south corner of said Bailey Ranch |
|
|
tract, from which a 5/8-inch iron rod found at the beginning of the |
|
|
curving right-of-way transition from said Hergotz Lane to said |
|
|
Ramirez Lane, and being a south corner of said 14.826 acre |
|
|
APAC-Texas tract bears, S47°38'16"E, a distance of 565.48 feet; |
|
|
THENCE, with the northeast right-of-way line of said Hergotz |
|
|
Lane and the southwest line of said Bailey Ranch tract, N47°38'16"W, |
|
|
a distance of 1,841.32 feet to a 5/8-inch iron rod found for a west |
|
|
corner hereof, said point being at the beginning of the |
|
|
right-of-way transition from said Hergotz Lane to Edwin Lane |
|
|
(right-of-way varies); |
|
|
THENCE, with the right-of-way transition from said Hergotz |
|
|
Lane to said Edwin Lane, and with the west line of said Bailey Ranch |
|
|
tract, N05°17'20"W, a distance of 66.80 feet to a 3/4-inch iron pipe |
|
|
found for a west corner hereof, said point being at the end the |
|
|
right-of-way transition from said Hergotz Lane to said Edwin Lane; |
|
|
THENCE, with the southeast right-of-way line of said Edwin |
|
|
Lane and the northwest line of said Bailey Ranch tract, N42°57'11"E, |
|
|
a distance of 3,654.59 feet to a 1/2-inch iron pipe found for a |
|
|
north corner hereof, said point being at the beginning of the |
|
|
right-of-way transition from said Edwin Lane to said Ramirez Lane; |
|
|
THENCE, with the right-of-way transition from said Edwin Lane |
|
|
to said Ramirez Lane, and with the north line of said Bailey Ranch |
|
|
tract, N87°54'06"E, a distance of 70.83 feet to a 1/2-inch iron pipe |
|
|
found for a north corner hereof, said point being at the end of the |
|
|
right-of-way transition from said Edwin Lane to said Ramirez Lane; |
|
|
THENCE, with the southwest right-of-way line of said Ramirez |
|
|
Lane and the northeast line of said Bailey Ranch tract, S47°24'15"E, |
|
|
a distance of 1,838.08 feet to the POINT OF BEGINNING, and |
|
|
containing 162.4222 acres (7,075,112 square feet) more or less. |
|
|
"PARCEL 4" - (East Tract) |
|
|
BEING A DESCRIPTION OF a 767.2590 acres (33,421,803 square |
|
|
foot) tract of land out of the Santiago del Valle Grant, Abstract |
|
|
No. 24, Travis County, Texas, and being all of a called 400.173 acre |
|
|
tract (described as tract two) conveyed to Fitzpatrick Bar X Ranch, |
|
|
L.P., in Document Nos. 2011023927, 2011023928 and 2012046374 of the |
|
|
Official Public Records of Travis County, Texas (O.P.R.T.C.T.), a |
|
|
portion of said 400.173 acre tract being described as a called 17.40 |
|
|
acre tract conveyed to Thelma Bolm Yeates and Mary Ann Bailey in |
|
|
Document No. 2003155937 (O.P.R.T.C.T.), and being all of a called |
|
|
366.305 acre tract conveyed to Bailey Ranch Holdings, L.P., in |
|
|
Document No. 2005171964 of the Official Public Records of Travis |
|
|
County, Texas (O.P.R.T.C.T.), said tract being previously |
|
|
described as a 366.305 acre tract in a deed to Thelma Bolm Yeates et |
|
|
al. in Volume 5146, Page 1838 of the Deed Records of Travis County, |
|
|
Texas (D.R.T.C.T.), said 767.2590 acres being more particularly |
|
|
described by metes and bounds as follows: |
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|
BEGINNING, at a 3/4-inch iron pipe found at the beginning of |
|
|
the right-of-way transition from Hergotz Lane (right-of-way |
|
|
varies) to Ramirez Lane (right-of-way varies), and being a west |
|
|
corner of said Bailey Ranch 366.305 acre tract, for a west corner |
|
|
and POINT OF BEGINNING hereof; |
|
|
THENCE, with the right-of-way transition from said Hergotz |
|
|
Lane to said Ramirez Lane, and with the west line of said Bailey |
|
|
Ranch 366.305 acre tract, N00°10'13"W, a distance of 69.04 feet to a |
|
|
3/4-inch iron pipe found for an angle point hereof, said point being |
|
|
at the end of the right-of-way transition from said Hergotz Lane to |
|
|
said Ramirez Lane; |
|
|
THENCE, with the southeast right-of-way line of said Ramirez |
|
|
Lane and the northwest line of said Bailey Ranch 366.305 acre tract, |
|
|
N42°35'28"E, a distance of 1,281.25 feet to a 1/2-inch iron rod |
|
|
found for an angle point hereof, said point being at the common west |
|
|
corner of said Bailey Ranch 366.305 acre tract and said Fitzpatrick |
|
|
Bar X Ranch Tract Two; |
|
|
THENCE, with the southeast right-of-way line of said Ramirez |
|
|
Lane and the northwest line of said Fitzpatrick Bar X Ranch Tract |
|
|
Two, N42°04'37"E, a distance of 765.26 feet to a 1/2-inch iron rod |
|
|
with "4Ward Boundary" cap set for an angle point hereof, said point |
|
|
being a corner in the southeast right-of-way line of said Ramirez |
|
|
lane, and being a southwest corner of a called 96.580 acre tract |
|
|
conveyed to Earth Reclamation, Ltd., in Document No. 2004035838 |
|
|
(O.P.R.T.C.T.), and being an angle point in the west line of said |
|
|
Fitzpatrick Bar X Ranch Tract Two; |
|
|
THENCE, leaving the southeast right-of-way line of said |
|
|
Ramirez Lane, with the common line of said Earth Reclamation tract |
|
|
and said Fitzpatrick Bar X Ranch Tract Two, the following eight (8) |
|
|
courses and distances: |
|
|
1. N42°28'53"E, a distance of 579.18 feet to a 1/2-inch iron |
|
|
rod with "4Ward Boundary" cap set for an exterior ell-corner |
|
|
hereof, |
|
|
2. S47°48'52"E, a distance of 652.51 feet to a 1/2-inch iron |
|
|
rod found for an interior ell-corner hereof, |
|
|
3. N42°32'50"E, a distance of 1,249.08 feet to a 1/2-inch |
|
|
iron rod with "4Ward Boundary" cap set for an angle point hereof, |
|
|
4. N42°31'25"E, a distance of 4,406.00 feet to a 1/2-inch |
|
|
iron rod found for an angle point hereof, |
|
|
5. N43°45'59"E, a distance of 81.58 feet to a 1/2-inch iron |
|
|
rod found for an angle point hereof, |
|
|
6. N40°09'40"E, a distance of 63.58 feet to a 1/2-inch iron |
|
|
rod with "4Ward Boundary" cap set for an angle point hereof, |
|
|
7. N42°55'11"E, a distance of 254.42 feet to a 1/2-inch iron |
|
|
rod found for an angle point hereof, and |
|
|
8. N48°03'31"E, a distance of 83.13 feet to a calculated |
|
|
point for the northwest corner hereof, said point being at the |
|
|
record south bank of the Colorado River, and being the common north |
|
|
corner of said Earth Reclamation tract and said Fitzpatrick Bar X |
|
|
Ranch Tract Two; |
|
|
THENCE, with the south and west bank of the Colorado River and |
|
|
its meanders, and with the north and east line of said Fitzpatrick |
|
|
Bar X Ranch Tract Two, and in part with the east line of said Yeates |
|
|
17.40 acre tract, the following seventeen (17) courses and |
|
|
distances: |
|
|
1. S84°06'14"E, a distance of 187.53 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
2. S83°40'29"E, a distance of 335.93 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
3. S86°17'29"E, a distance of 303.33 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
4. S87°19'14"E, a distance of 309.73 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
5. N84°55'46"E, a distance of 126.79 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
6. N84°39'31"E, a distance of 532.36 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
7. N73°10'31"E, a distance of 413.33 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
8. S73°57'29"E, a distance of 481.77 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
9. S63°04'29"E, a distance of 248.96 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
10. S09°49'29"E, a distance of 412.39 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
11. S05°17'29"E, a distance of 611.32 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
12. S03°51'29"E, a distance of 348.04 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
13. S06°40'31"W, a distance of 321.10 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
14. S16°07'31"W, a distance of 604.24 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
15. S19°58'31"W, a distance of 217.01 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
16. S24°57'31"W, a distance of 297.76 feet to a calculated |
|
|
point for an angle point hereof, and |
|
|
17. S29°56'59"W, a distance of 367.43 feet to a calculated |
|
|
point for an angle point hereof, said point being at the northeast |
|
|
corner of said 366.305 acre Bailey Ranch tract, and being the |
|
|
southeast corner of said Fitzpatrick Bar X Ranch Tract Two and said |
|
|
Yeates 17.40 acre tract; |
|
|
THENCE, continuing with the west bank of the Colorado River |
|
|
and its meanders, and with the east line of said Bailey Ranch |
|
|
366.305 acre tract, the following nine (9) courses and distances: |
|
|
1. S29°39'46"W, a distance of 86.10 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
2. S28°37'46"W, a distance of 433.71 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
3. S28°32'46"W, a distance of 391.84 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
4. S37°22'46"W, a distance of 449.07 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
5. S33°20'46"W, a distance of 560.61 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
6. S43°36'46"W, a distance of 564.76 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
7. S40°54'46"W, a distance of 313.93 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
8. S45°52'46"W, a distance of 431.48 feet to a calculated |
|
|
point for an angle point hereof, and |
|
|
9. S69°21'46"W, a distance of 487.42 feet to a calculated |
|
|
point for an angle point hereof, said point being at the southeast |
|
|
corner of a called 53.85 acre tract conveyed to Bailey Ranch |
|
|
Holdings, L.P., et al, in Document No. 2005171962 (O.P.R.T.C.T., |
|
|
said tract being a portion of a 891 acre tract described in Volume |
|
|
601, Page 320 (D.R.T.C.T.)), |
|
|
THENCE, leaving the west bank of the Colorado River, with the |
|
|
common line of said Bailey Ranch 53.85 acre and 366.305 tracts, the |
|
|
following six (6) courses and distances: |
|
|
1. N38°45'39"W, passing at a distance of 75.00 feet, a |
|
|
1/2-inch iron rod with "4Ward Boundary" cap set for reference, and |
|
|
continuing for a total distance of 583.85 feet to a 1/2-inch iron |
|
|
rod found for an angle point hereof, |
|
|
2. N43°26'39"W, a distance of 422.83 feet to a 1/2-inch iron |
|
|
rod found for an angle point hereof, |
|
|
3. N44°18'39"W, a distance of 371.63 feet to a 1/2-inch iron |
|
|
rod found for an angle point hereof, |
|
|
4. N44°06'07"W, a distance of 516.85 feet to a 1/2-inch iron |
|
|
rod found for an angle point hereof, |
|
|
5. S58°07'46"W, a distance of 1269.60 feet to a 1/2-inch iron |
|
|
rod found for an angle point hereof, and |
|
|
6. S32°07'14"E, passing at a distance of 1,351.73 feet, a |
|
|
1/2-inch iron rod with "4Ward Boundary" cap set for reference, and |
|
|
continuing for a total distance of 1405.73 feet to a calculated |
|
|
point for an angle point hereof, said point being at the record west |
|
|
bank of the Colorado River; |
|
|
THENCE, with the west bank of the Colorado River and its |
|
|
meanders, and with the east line of said Bailey Ranch 366.305 acre |
|
|
tract, the following seven (7) courses and distances: |
|
|
1. S77°19'20"W, a distance of 216.14 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
2. S79°08'20"W, a distance of 229.37 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
3. S67°13'20"W, a distance of 489.25 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
4. S73°38'20"W, a distance of 595.62 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
5. S78°11'20"W, a distance of 720.28 feet to a calculated |
|
|
point for an angle point hereof, |
|
|
6. S61°31'20"W, a distance of 585.87 feet to a calculated |
|
|
point for an angle point hereof, and |
|
|
7. S68°38'20"W, a distance of 494.12 feet to a calculated |
|
|
point for an angle point hereof, said point being the east corner of |
|
|
a called 61.412 acre tract conveyed to Cumberland & Western |
|
|
Resources, LLC, in Document No. 2007028772 (O.P.R.T.C.T.), and |
|
|
being the southeast corner of said Bailey Ranch 366.305 acre tract; |
|
|
THENCE, leaving the west bank of the Colorado River, with the |
|
|
common line of Cumberland & Western tract and said Bailey Ranch |
|
|
366.305 acre tract, N48°03'16"W, passing at a distance of 164.19 |
|
|
feet, a 60D nail found, and continuing for a total distance of |
|
|
958.20 feet to a 3/4-inch iron pipe found for an angle point hereof, |
|
|
said point being at the northeast terminus of said Hergotz Lane, and |
|
|
being the north corner of said Cumberland & Western tract, from |
|
|
which a 1/2-inch iron rod found at the southeast terminus of said |
|
|
Hergotz Lane, and being at the east corner of a called 19.78 acre |
|
|
tract conveyed to Brenton Harris Johnson in Document No. 2017193174 |
|
|
(O.P.R.T.C.T.), and being an angle point in the northwest line of |
|
|
said Cumberland & Western tract bears, S45°29'14"W, a distance of |
|
|
175.32 feet; |
|
|
THENCE, with the northeast right-of-way line of said Hergotz |
|
|
Lane and the southwest line of said Bailey Ranch 366.305 acre tract, |
|
|
the following two (2) courses and distances: |
|
|
1. S78°41'22"W, a distance of 154.66 feet to a 3/4-inch iron |
|
|
pipe found for an angle point hereof, and |
|
|
2. N47°46'26"W, a distance of 1,150.11 feet to the POINT OF |
|
|
BEGINNING, and containing 767.2590 acres (33,421,803 square feet) |
|
|
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. |
|
|
(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 |
|
|
7953A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7953A.0307 to read as |
|
|
follows: |
|
|
Sec. 7953A.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, 2021. |