By: Cook of Colorado (Senate Sponsor - Armbrister) H.B. No. 3612
(In the Senate - Received from the House May 19, 2003;
May 20, 2003, read first time and referred to Committee on Natural
Resources; May 23, 2003, reported favorably by the following vote:
Yeas 9, Nays 0; May 23, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Garfield Municipal Utility District
No. 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means the Garfield Municipal Utility
District No. 1.
SECTION 2. CREATION. (a) A conservation and reclamation
district, to be known as the Garfield Municipal Utility District
No. 1, is created in Bastrop County, subject to approval by the City
of Bastrop, as provided by Section 7(b) of this Act, and to approval
at a confirmation election under Section 12 of this Act.
(b) The district is a governmental agency and a political
subdivision of this state.
SECTION 3. AUTHORITY FOR CREATION. The district is created
under and is essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
SECTION 4. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 59, Article XVI, Texas Constitution.
SECTION 5. BOUNDARIES. The district includes the territory
contained within the following area:
Approximately 3,030.926 acres of land, consisting of the
following tracts:
Tract 1: Being a 1,435.190 acre tract or parcel of land out
of the JOSE ANTONIO NAVARRO SURVEY, A-53, in Bastrop County, Texas,
consisting of (a) a 718.549 acre tract or parcel of land, being all
of that 769.524 acre tract or parcel of land described by metes and
bounds in Section 15(a) of this Act, SAVE, LESS AND EXCEPT the
28.941 acre tract or parcel of land described by metes and bounds in
Section 15(b) of this Act; and LESS, SAVE AND EXCEPT a 22.034 acre
portion of that 120.00 acre tract or parcel of land described by
metes and bounds in Section 15(c) of this Act; and (b) a 716.641
acre tract or parcel of land described by metes and bounds in
Section 15(d) of this Act;
Tract 2: Being an 786.864 acre tract or parcel of land out
of the JOSE ANTONIO NAVARRO SURVEY, A-53 in Bastrop County, Texas,
consisting of all that 951.10 acre tract or parcel of land described
by metes and bounds in Section 15(e) of this Act, SAVE, LESS and
EXCEPT the 66.27 acre portion thereof located in Travis County,
Texas, and LESS, SAVE and EXCEPT a 97.966 acre portion of that
120.00 acre tract or parcel of land described by metes and bounds in
Section 15(c) of this Act;
Tract 3: Being a 808.872 acre tract or parcel of land out of
the ISAAC LINDSEY SURVEY, A-226, and the REUBEN GAGE SURVEY, A-31,
in Bastrop County, Texas, described by metes and bounds in Section
15(f) of this Act.
SECTION 6. FINDINGS RELATIVE TO BOUNDARIES. The
legislature finds that the boundaries and field notes of the
district form one or more closures. If a mistake is made in the
field notes or in copying the field notes in the legislative
process, the mistake does not affect:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the district or the
board.
SECTION 7. POWERS. (a) The district has all of the rights,
powers, privileges, authority, functions, and duties provided by
the general law of this state, including Chapters 49 and 54, Water
Code, applicable to municipal utility districts created under
Section 59, Article XVI, Texas Constitution.
(b) The district is partly located in the extraterritorial
jurisdiction of the City of Bastrop. Creation of the district is
subject to the approval of the City of Bastrop, as provided by
Section 42.042, Local Government Code, and Section 54.016, Water
Code.
(c) Subject to the approval of the governing body of the
City of Bastrop, the district may divide into two or more contiguous
districts as provided by Sections 51.749-51.758, Water Code,
without any further approval or consent.
(d) Land within the district that is located in the City of
Bastrop's extraterritorial jurisdiction is subject to the
requirements of municipal ordinances of the City of Bastrop
applicable to extraterritorial areas, unless the municipality's
governing body waives compliance.
(e) The rights, powers, privileges, authority, functions,
and duties of the district are subject to the continuing right of
supervision of the state to be exercised by and through the
commission.
SECTION 8. DEVELOPMENT AGREEMENT. (a) The district may
enter into a written contract with a municipality within whose
extraterritorial jurisdiction the district is wholly or partly
located:
(1) guaranteeing the continuation of the
extraterritorial status of the district and its immunity from
annexation by the municipality for a period not to exceed 15 years;
(2) regulating the development within the boundaries
of the district in a manner that the parties agree will further the
health, safety, and welfare of the residents of the district; and
(3) containing other terms and consideration that the
district and the municipality agree to be reasonable and
appropriate.
(b) A contract under this section may be renewed or extended
for successive periods not to exceed 15 years.
SECTION 9. APPLICABILITY OF OTHER LAW. This Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act.
SECTION 10. BOARD OF DIRECTORS. (a) The district is
governed by a board of five directors.
(b) Temporary directors serve until initial directors are
elected under Section 12 of this Act.
(c) Initial directors serve until the election of permanent
directors under Section 13 of this Act.
(d) Except as provided by Section 13(a) of this Act,
permanent directors serve staggered four-year terms.
(e) Each director must qualify to serve as director in the
manner provided by Section 49.055, Water Code.
SECTION 11. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Ricky Turner;
(2) John Lefner;
(3) Tom Granger;
(4) Allen Williams; and
(5) Elroy Williams.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the commission shall appoint the
necessary number of persons to fill all vacancies on the board.
SECTION 12. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
(a) Not later than the fourth anniversary of the effective date of
this Act, the temporary board shall hold an election to confirm
establishment of the district and to elect five initial directors
as provided by Section 49.102, Water Code.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors election held under this
section.
SECTION 13. ELECTION OF PERMANENT DIRECTORS. (a) On the
first Saturday in May of an even-numbered year occurring not later
than three years after the year in which the district is authorized
to be created at a confirmation election, an election shall be held
in the district to elect five permanent directors. The directors
elected shall draw lots to determine which two directors shall
serve two-year terms and which three shall serve four-year terms.
(b) On the first Saturday in May of each subsequent
even-numbered year, the appropriate number of directors shall be
elected.
SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(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 has submitted the notice and Act to the
commission.
(c) The commission has filed 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 are fulfilled
and accomplished.
SECTION 15. METES AND BOUNDS DESCRIPTIONS. (a) FIELD NOTES
FOR TRACT NO. 1, A 769.524 ACRE TRACT OUT OF A 1489 ACRE TRACT 1N THE
JOSE ANTONIO NAVERRO SURVEY IN BASTROP COUNTY, TEXAS.
Being a 769.524 acre tract or parcel of land out of and being a part
of the JOSE ANTONIO NAVARRO SURVEY, A-53, in Bastrop County, Texas,
and being a part of that certain 1489 acre tract described in a deed
from Ellis Brejcha and wife, Claudia Brejcha to Clyde Nelson and
Wesley Nelson, dated July 19, 1961, recorded in Vol. 154, Page 568,
Bastrop County Deed Records. Herein described 769.524 acre tract or
parcel being the same tract or parcel described as Tract No. l in a
deed from Wesley Clyde Nelson, et ux, to Will Thurman, Jr., recorded
in Vol. 337, Page 153, Bastrop County Deed Records. Herein
described 769.524 acre tract or parcel being more particularly
described by metes and bounds as follows;
BEGINNING at a 3/4 inch iron rod found at a fence corner at
the intersection of the west line of the before mentioned 1489 acre
tract with the north line of the Austin-Cedar Creek Road (Pearce
Lane), the southeast corner of P.R. Donnelly 506 acre tract
described in a deed recorded in Vol. 208, Page 741, Bastrop County
Deed Records for the southwest corner of this tract. Said point
being the southeast corner of Elm Ridge, phase 1-A, a subdivision of
a portion of the said 506 acre tract and being recorded in Plat
Cabinet No. 2, Page 302B, Bastrop County Plat Records.
THENCE with the west line, as fenced, of the said 1489 acre
tract, the east line of Elm Ridge, Phase 1-A and Elm Ridge, Phase
1-B, N 30 deg 24 min 02 sec E, 3026.39 feet to an 3/4 inch iron pipe
found at a fence corner, the northeast corner of the Elm Ridge,
Phase 1-B same being the southeast corner of that certain 951.10
acre tract described in a deed from NCNB Texas National Bank to
Robert C. Carr, dated September 27, 1991, recorded in Vol. 612, Page
225, Bastrop County Deed Records for an angle corner of this tract.
THENCE continuing with the west line, as fenced, of the said
1489 acre tract, the 1ower east line of the Carr 951.10 acre tract,
N 30 deg 49 min 37 sec E, 3067.79 feet to an 1/2 inch iron rod found
at a fence corner, the occupied northwest corner of the said 1489
acre tract, an interior corner of the Carr 951.10 acre tract for the
northwest corner of this tract.
THENCE with the north line, as fenced, of the said 1489 acre
tract, a upper south line of the Carr 951.10 acre tract, S 59 deg 44
min 23 sec E, 627.45 feet to an 5/8 inch iron rod found at a fence
corner, the upper southeast corner of the Carr 951.10 acre tract
same being the southwest corner of that certain 121.758 acre tract
described in a deed from Robert Scharfer to Jack Roth recorded in
Vol. 458, Page 212, Bastrop County Deed Records, for an angle corner
of this tract.
THENCE continuing with the north line, as fenced, of the said
1489 acre tract, the south line of the Roth 121.758 acre tract, and
a upper south line of the T.J. Caldwell 1145.5 acre tract described
in a deed recorded in Vol. 103, Page 161, Bastrop County Deed
Records, S 59 deg 28 min 21 sec E, at approx. 1880.6 feet pass the
southeast corner of the Roth 121.758 acre tract, a upper southwest
corner of the Caldwell 1145.5 acre tract, in all 4652.49 feet to a
5/8 inch iron rod found at a fence corner, the northeast corner of
the said 1489 acre tract, an interior corner of the Caldwell 1145.5
acre tract, for the most northerly northeast corner of this tract.
THENCE with the east line, as fenced, of the said 1489 acre
tract, a west line of the Caldwell 1145.5 acre tract, S 30 deg 53 min
41 sec W, 4410.46 feet to an 5/8 inch iron rod found at a fence
corner; S 56 deg 58 min 04 sec E, 1325.85 feet to an 5/8 inch iron
rod found at a fence corner; S 30 deg 53 min 46 sec W, 258.60 feet to
an 1/2 inch iron rod found at a fence corner; S 48 deg 40 min 14 sec
E, 84.15 feet to an 1/2 inch iron rod found at a fence corner; S 30
deg 58 min 24 sec W, 680.41 feet to an 3/4 inch iron pipe found at a
fence corner, the most southerly southwest corner of the Caldwell
1145.5 acre tract, the northwest corner of the Star Ranch 2181.28
acre tract described in a deed recorded in Vol. 211, Page 197,
Bastrop County Deed Records for an angle corner of this tract.
THENCE continuing with the east line, as fenced, of the said
1489 acre tract, the west line, as fenced, of the Star Ranch 2181.28
acre tract, S 35 deg 06 min 34 sec W, 287.13 feet to an 5/8 inch iron
rod found at a fence corner where same intersects the north line of
the before mentioned Austin-Cedar Road (Pearce Lane), for the
southeast corner of this tract.
THENCE with the north line of the Austin-Cedar Road (Pearce
Lane), N 66 deg 06 min 03 sec W, 200.87 feet to an 3/8 inch iron rod
found; N 71 deg 12 min 32 sec W, 465.12 feet to an 5/8 inch iron rod
found; N 65 deg 56 min 10 sec W, 692.14 feet to an 5/8 inch iron rod
found; N 68 deg 31 min 53 sec W, 526.57 feet to an 1/2 inch iron rod
found; N 64 deg 09 min 44 sec W, 1334.80 feet to an 1/2 inch iron rod
found; N 37 deg 52 min 04 sec W, 425.24 feet to an 1/2 inch iron rod
found; N 53 deg 21 min 07 sec W, 200.39 feet to an 1/2 inch iron rod
found; N 56 deg 58 min 14 sec W, 427.71 feet to an 1/2 inch iron rod
found; N 64 deg 06 min 42 sec W, 2431.40 feet to the POINT OF
BEGINNING, containing 769.524 acres of land, less and except that
certain 0.517 acre tract described in a deed from Will Thurman, Jr.,
to Aqua Water Supply Corp. recorded in Vol. 365, Page 620, Bastrop
County Deed Records. Said 0.517 acre tract being included in the
description of the before described 769.524 acre tract and being
more particularly described by metes and bounds as follows;
COMMENCING for reference at a 5/8 inch iron rod found at the
northeast corner of the before described 769.524 acre tract and an
interior corner of the Caldwell 1145.5 acre tract.
THENCE with the north line of the said 769.524 acre tract, N
59 deg 28 min 21 sec W, 2791.62 feet to a point.
THENCE at right angles with a lie line, S 30 deg 31 min 39 sec
W, 1231.39 feet to a 5/8 inch iron rod set for the POINT OF
BEGINNING, the northeast corner of this tract.
THENCE S 14 deg 51 min 15 sec W, 150.00 feet to a 1/2 inch iron
rod found for the southeast corner of this tract.
THENCE N 75 deg 02 min 45 sec W, 150.00 feet to a 1/2 inch iron
rod found for the southwest corner of this tract.
THENCE N 14 deg 57 min 15 sec E, 150.00 feet to a 5/8 inch iron
rod set for the northwest corner of this tract.
THENCE S 75 deg 02 min 45 sec E, 150.00 feet to the POINT OF
BEGINNING, containing 0.517 acres of land.
(b) FIELD NOTES FOR A 28.941 ACRE TRACT IN THE JOSE ANTONIO
NAVARRO SURVEY IN BASTROP COUNTY, TEXAS.
Being a 28.941 acre tract or parcel of land out of and being a part
of the JOSE ANTONIO NAVARRO SURVEY, A-53, in Bastrop County, Texas,
and being a part of that certain 769.524 acre tract described as
Tract One in a deed from Franklin Federal Bancorp to Robert C. Carr,
dated November 14, 1993, recorded in Vol. 690, Page 495, Bastrop
County Deed Records. Herein described 28.941 acre tract or parcel
being more particularly described by metes and bounds as follows:
COMMENCING for reference at a 1/2 inch iron rod found at a
fence corner, the northwest corner of the said 769.524 acre tract,
an interior corner of that certain 951.10 acre tract described in a
deed from NCNB Texas National Bank to Robert C. Carr, dated
September 27, 1991, recorded in Vol. 612, Page 225, Bastrop County
Deed Records.
THENCE with the west line of the said 769.524 acre tract, a
lower east line of the said 951.10 acre tract, S 30 deg 49 min 37 sec
W, 2197.90 feet to a 5/8 inch iron rod set for the POINT OF
BEGINNING, the northwest corner of this tract.
THENCE S 59 deg 18 min 11 sec E, 1059.77 feet to a 5/8 inch
iron rod set for the northeast corner of this tract.
THENCE S 29 deg 03 min 11 sec W, 1170.36 feet to a 5/8 inch
iron rod set for the southeast corner of this tract.
THENCE N 59 deg 18 min 11 sec W, 1093.77 feet to a 5/8 inch
iron rod set in the west line of the before mentioned 769.524 acre
tract, the east line of Elm Ridge, Phase 1-B, a subdivision as
recorded in Plat Cabinet 2, Page 301A-302A, Bastrop County Plat
Records for the southwest corner of this tract.
THENCE with the west line of the said 769.524 acre tract, the
east line of Elm Ridge, Phase 1-B, N 30 deg 24 min 02 sec E, 300.00
feet to a 3/4 inch iron rod found at a fence corner the northeast
corner of Elm Ridge, Phase 1-B, the southeast corner of the before
mentioned Carr 951.10 acre tract for an angle corner of this tract.
THENCE with the west line of the said 769.524 acre tract, the
lower east line of the Carr 951.10 acre tract, N 30 deg 49 min 37 sec
E, 869.89 feet to the POINT OF BEGINNING, containing 28.941 acres of
land.
(c) LEGAL DESCRIPTION: BEING 120.000 ACRES OF LAND LYING IN
AND SITUATED OUT OF THE JOSE ANTONIO NAVARRO SURVEY, ABSTRACT 53 IN
BASTROP COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN REMAINDER
PORTION OF A 769.524 ACRE TRACT (TRACT 2) OF LAND CONVEYED TO CARR
FAMILY PARTNERSHIP, LTD. BY DEED RECORDED IN VOLUME 736, PAGE 233
AND THAT CERTAIN 951.10 ACRE TRACT OF LAND CONVEYED TO ROBERT C.
CARR BY DEED RECORDED IN VOLUME 612, PAGE 225, ALL RECORDED IN THE
OFFICIAL RECORDS OF BASTROP COUNTY, TEXAS; SAID 120.000 ACRE TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS
SURVEYED UNDER THE SUPERVISION OF JAMES E. GARON & ASSOCIATES IN
FEBRUARY, 2000:
BEGINNING at an iron rod found in the west line of said 769.524 acre
tract and the east line of the Elm Ridge Subdivision, Phase 1-B, a
subdivision recorded in Cabinet 2, Page 301-A of the Plat Records of
Bastrop County, Texas, for the southwest corner of that certain
28.941 acre tract conveyed to the City of Austin, Texas by deed
recorded in Volume 707, Page 158 of said official records and an ell
corner hereof from which an iron pipe found in the west line of said
28.941 acre tract for the southeast corner of said 951.10 acre tract
and the northeast corner of said Elm Ridge Subdivision bears North
27°15'38" East a distance of 300.29 feet;
THENCE South 62°25'47" East a distance of 1093.58 feet along the
south line of the said 28.941 acre tract to an iron rod found for the
southeast corner of the said 28.941 acre tract and an interior
corner hereof;
THENCE North 25°57'55" East a distance of 1170.38 feet along the
east line of the said 28.941 acre tract to an iron rod found for the
northeast corner of the said 28.941 acre tract and an interior
corner hereof;
THENCE North 62°26'06" West a distance of 1060.18 feet along the
north line of the said 28.941 acre tract to an iron rod found in the
east line of the said 951.10 acre tract for the northwest corner of
the said 28.941 acre tract and an interior corner hereof;
THENCE South 27°43'05" West a distance of 869.54 feet along the
common line of the said 28.941 acre tract and said 951.10 acre tract
to said iron pipe found for the common corner of said 951.10 acre
tract, said 28.941 acre tract, said Elm Ridge Subdivision, and
hereof;
THENCE along the common line of said 951.10 acre tract and said Elm
Ridge Subdivision North 62°25'42" West a distance of 782.90 feet to
an iron rod found for an angle point and North 62°25'03" West a
distance of 1817.11 feet to an iron rod set for the southwest corner
hereof;
THENCE North 27°43'05" East a distance of 1641.30 feet to an iron rod
set for the northwest corner hereof;
THENCE South 62°25'13" East a distance of 2599.71 feet to an iron rod
set in the common line of said 951.10 acre and said 769.524 acre
tracts for an ell corner hereof;
THENCE South 27°41'45" West a distance of 143.05 feet along said
common line to an iron rod set for an interior corner hereof;
THENCE South 62°25'13" East a distance of 1141.24 feet to an iron rod
set for the northeast corner hereof;
THENCE South 25°57'55" West a distance of 1899.08 feet to an iron rod
set for the southeast corner hereof;
THENCE North 62°25'47" West a distance of 1195.92 feet to an iron rod
set in the common line of said Elm Ridge Subdivision and said
769.524 acre tract for an ell corner hereof;
THENCE North 27°16'46" East a distance of 100.00 feet along said
common line to the POINT OF BEGINNING and containing 120.000 acres
of land, more or less, and as shown on map prepared herewith.
(d) FIELD NOTES FOR TRACT N0. 2, A 716.641 ACRE TRACT OUT OF
A 1489 ACRE TRACT IN THE JOSE ANTONIO NAVARRO SURVEY IN BASTROP
COUNTY, TEXAS.
Being a 716 acre tract or parcel of land out of and being a part of
the JOSE ANTONIO NAVARRO SURVEY, A-53, in Bastrop County, Texas,
and being a part of that certain 1489 acre tract described in a deed
from Ellis Brejcha and wife, Claudia Brejcha to Clyde Nelson and
Wesley Nelson, dated July 19, 1961, recorded in Vol, 154, Page 565,
Bastrop County Deed Records. Herein described 716.641 acre tract or
parcel being the same tract described as Tract No. 2 in a deed from
Wesley Clyde Nelson, et ux, to Will Thurman, Jr., recorded in Vol.
337, Page 153, Bastrop County Deed Records. Herein described
716.641 acre tract or parcel being more particularly described by
metes and bounds as follows;
BEGINNING at a 3/4 inch iron pipe found at a fence corner in the
occupied south line of the before mentioned JOSE ANTONIO NAVARRO
SURVEY, the occupied north line of the REUBEN GAGE SURVEY, the north
line of Thousand Oaks, a subdivision in the said same being the
southwest corner of the Star Ranch 2181.28 acre tract described in a
deed recorded in Vol. 211, Page 197, Bastrop County Deed Records for
the southeast corner of this tract.
THENCE with the south line, as fenced, of the JOSE ANTONIO NAVARRO
SURVEY, the north line of the REUBEN GAGE SURVEY, a north line of
Thousand Oaks, the before mentioned subdivision, the south line of
the said 1489 acre tract, as fenced, N 57 deg 28 min 05 sec W,
1775.81 feet to a 5/6 inch iron rod found at a fence corner, the
occupied northwest corner of the REUBEN GAGE SURVEY, the northeast
corner of the ISAAC LINDSEY SURVEY, for an angle corner of this
tract.
THENCE continuing with the south line, as fenced, of the JOSE
ANTONIO NAVARRO SURVEY, the south line, as fenced, of the said 1489
acre tract, the occupied north line of the ISAAC LINDSEY SURVEY, N
44 deg 51 min 59 sec W, 22.04 feet to an 5/8 inch iron rod found; N 59
deg 29 min 33 sec W, 4243.31 feet to a 1/2 inch iron rod found at a
fence corner, the occupied northwest corner of the ISAAC LINDSEY
SURVEY, the occupied northeast corner of the MICHAEL GREEN SURVEY,
the northeast corner of Charro Estates, a subdivision in the said
MICHAEL GREEN SURVEY, as recorded in Plat Cabinet 1, Page 83-B for
an angle corner of this tract.
THENCE continuing with the south line, as fenced, of the JOSE
ANTONIO NAVARRO SURVEY, the south line of the said 1489 acre tract,
the occupied north line of the MICHAEL GREEN SURVEY, the north line
of Charro Estates, N 59 deg 44 min 59 sec W, 621.07 feet to a 1/2
inch iron rod found at a fence corner in the east line of the Charles
Graham 583.070 acre tract surveyed by the undersigned in 1976, the
occupied southwest corner of the said 1489 acre tract, an angle
corner of Charro Estates for the southwest corner of this tract.
THENCE with the west line, as fenced, of the said 1489 acre tract,
the west line of the Charles Graham 583.070 acre tract, N 30 deg 27
min 23 sec E, 2677.44 feet to a steel fence corner post; S 65 deg 51
min 00 sec E, 23.76 feet to a steel fence corner post; N 29 deg 52
min 54 sec E, 1852.29 feet to a 1/2 inch iron rod found in the south
line of the Austin-Cedar Creek Road (Pearce Lane), the northeast
corner of the Charles Graham 583.070 acre tract, for the northwest
corner of this tract.
THENCE with the south line of the Austin-Cedar Creek Road (Pearce
Lane), S 64 deg 09 min 16 sec E, 2387.68 feet to a 1/2 inch iron rod
found; S 56 deg 24 min 03 sec E, 619.18 feet to a 1/2 inch iron rod
found; S 50 deg 39 min 41 sec E; 79.14 feet to a 1/2 inch iron rod
found; S 46 deg 53 min 18 sec E, 97.29 feet to a 1/2 inch iron rod
found; S 35 deg 29 min 54 sec E, 202.53 feet to an iron rod 1/2 inch
iron rod found; S 42 deg 01 min 24 sec E, 120.46 feet to a 1/2 inch
iron rod found; S 60 deg 26 min 10 sec E, 285.70 feet to an 5/8 iron
rod found; S 70 deg 20 min 31 sec, E, 88.00 feet to a 3/4 inch iron
rod found; S 64 deg 27 min 52 sec E, 1,000.19 feet to a 5/8 inch iron
rod found; S 68 deg 56 min 31 sec E, 526.59 feet to a 5/8 inch iron
rod found; S 66 deg 00 min 39 sec E, 742.01 feet to a 1/2 inch iron
rod found; S 69 deg 11 min 51 sec E, 362.16 feet to a 5/8 inch iron
rod found; S 71 deg 22 min 18 sec E, 173.67 feet to a 3/8 inch iron
rod found; S 60 deg 47 min 04 sec E, 69.60 feet to a 5/8 inch iron rod
found at a fence corner where same intersects the east line of the
said 1489 acre tract, the west line of the before mentioned Star
Ranch 2181.28 acre tract for the northeast corner of this tract.
THENCE with the west line, as fenced, of the Star Ranch 2181.28 acre
tract, the east line of the said 1489 acre tract, S 30 deg 53 min 30
sec W, 4983.66 feet to the POINT OF BEGINNING, containing 716.641
acres of land.
(e) 951.10 ACRE TRACT TRAVIS AND BASTROP COUNTIES
A DESCRIPTION OF A 951.10 ACRE TRACT OF LAND OUT OF THE JOSE ANTONIO
NAVARRO GRANT, IN TRAVIS AND BASTROP COUNTIES, TEXAS AND BEING
COMPRISED OF THE FOLLOWING FOUR (4) TRACTS OF LAND: FIRST TRACT 9.01
ACRES, SECOND TRACT 141.52 ACRES, THIRD TRACT 562.24 ACRES, AND
FOURTH TRACT 240.25 ACRES ALL BEING DESCRIBED IN A GENERAL WARRANTY
DEED FROM LEWIS N. LITTLE TO NCNB TEXAS NATIONAL BANK AS RECORDED IN
VOLUME 10874, PAGE 1964 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2-inch iron rod found being the intersection of the
east right-of-way line of Bastrop County Road No. 214 and the south
right-of-way line of State Highway No. 71 as described in Volume
125, Page 114 of the Deed Records of Travis County, Texas, said iron
rod being the northwest corner of said 9.01 acre tract;
THENCE N 82° 44' 36" E, with the south right-of-way line of said
State Highway No. 71, the north line of said 9.01 acre tract, a
distance of 106.99 feet to a broken concrete monument found for
corner;
THENCE S 56° 47' 12" E, continuing with said south right-of-way line
and the north line of said 9.01 acre tract, a distance of 550.52
feet to a 3/4-inch rebar set for the northeast corner of said 9.01
acre tract;
THENCE S 30° 18' 48" W, with the east line of said 9.01 acre tract, a
distance of 615.28 feet to a 1/2-inch rebar set for the southeast
corner of said 9.01 acre tract same being the northeast corner of
said 141.52 acre tract;
THENCE S 30° 40' 09" W, with the east line of said 141.52 acre tract,
a distance of 3030.36 feet to a 1/2-inch rebar set;
THENCE S 30° 26' 39" W, continuing with the east line of said 141.52
acre tract, a distance of 6637.23 feet to a 1/2-inch rebar found for
the southeast corner of said 141.52 acre tract;
THENCE N 59° 44' 24" W, with the south line of said 141.52 acre
tract, a distance of 627.59 feet to a 1/2-inch rebar found for the
southwest corner of said 141.52 acre tract same being the northwest
corner of a 769.524 acre tract conveyed to Will Thurman, Jr. as
recorded in Volume 337, Page 153 of the Deed Records of Bastrop
County, Texas;
THENCE S 30° 48' 56" W, with the east line of said 562.24 acre tract,
and the west line of said 769.524 acre tract, a distance of 3068.02
feet to a 1-1/2 inch iron pipe found for the southeast corner of
said 562.74 acre tract same being the northeast corner of Elm Ridge
Phase 1-B, a subdivision recorded in Cabinet 2, Page 301-A of the
Plat Records of Bastrop County, Texas;
THENCE N 59° 18' 30" W, with the south line of said 562.24 acre
tract, passing a brass monument found stamped "Lower Colorado River
Authority" at a distance of 3022.11 feet, and continuing with the
south line of said 562.24 acre tract for a total distance of 3422.49
feet to a 1/2-inch iron rod found for the southwest corner of said
562.24 acre tract same being the northwest corner of a 1.80 acre
tract conveyed to Billy G. Radford and Pat L. Poehl as recorded in
Volume 332, Page 724 of the Deed Records of Bastrop County, Texas;
THENCE N 30° 46' 24" E, with the west line of said 562.24 acre tract,
a distance of 3831.98 feet to a 3/4-inch iron rod found for the
southeast corner of a 19.82 acre tract conveyed to Charles C.
Johnstone as recorded in Volume 7753, Page 184 of the Deed Records
of Travis County, Texas;
THENCE N 30° 35' 08" E, continuing with the west line of said 562.24
acre tract, being the east line of said 19.82 acre tract and also
continuing with the east line of a 20.00 acre tract conveyed to
Charles Johnstone as recorded in Volume 7753, Page 194 for a
distance of 976.77 feet to a 3/4-inch iron rod found being the
northeast corner of said 20.00 acre tract;
THENCE N 30° 34' 39" E, continuing with the west line of said 562.24
acre tract, a distance of 2350.23 feet to a 1/2-inch iron rod found
for the northwest corner of said 562.24 acre tract;
THENCE S 59° 09' 56" E, with the north line of said 562.24 acre
tract, the south line of the remainder of a 66.00 acre tract
conveyed to Gwen Ericson as recorded in Volume 7465, Page 141 of the
Deed Records of Travis County, Texas, for a distance of 1147.35 feet
to a 1/2-inch iron rod found for the southwest corner of said 240.25
acre tract;
THENCE N 30° 40' 00" E, with the west line of said 240.25 acre tract,
a distance of 4636.76 feet to a 3/4-inch rebar found for the
northwest corner of said 240.25 acre tract said rebar being in the
south line of 19.43 acre tract conveyed to Patti J. Higginbothan as
recorded in Volume 10689, Page 481 of the Deed Records of Travis
County, Texas;
THENCE S 59° 30' 16" E, with the north line of said 240.25 acre
tract, passing at 1207.06 feet a 1-1/2 inch iron pipe found mar king
the Travis/Bastrop County Line, and continuing for a total distance
of 2246.51 feet to a 1-1/4-inch iron pipe found for the northeast
corner of said 240.25 acre tract same being the southeast corner of
a 6.00 acre tract conveyed to Gordon and Velda V. Griffin as
recorded in Volume 561, Page 610 of the Deed Records of Bastrop
County, Texas;
THENCE N 30° 36' 07" E, with the west line of said 141.52 acre tract
and continuing with the west line of said 9.01 acre tract, a
distance of 1513.41 feet to the POINT OF BEGINNING and containing
951.10 acres of land more or less.
(f) TRACT ONE: 808.872 acres of land, more or less, being
out of and a part of the ISAAC LINDSEY SURVEY, A-226 and RUBEN GAGE
SURVEY, A-31, Bastrop County, Texas; Said 808.872 acres being more
particularly described by metes and bounds.
Being a 808.872 acre tract or parcel of land out of and being a part
of the ISAAC LINDSEY SURVEY, A-226, and the REUBEN CAGE SURVEY,
A-31, in Bastrop County, Texas, and being a part of that certain
1613.909 acre tract in the ISAAC LINDSEY, REUBEN GAGE, HIRAM
BEALES, and MICHAEL GREEN SURVEYS described in a deed from W.D.
Moore, Jr., and Sylvia Moore-Fowler to The Bastrop 1600, an Arizona
Partnership, dated Jan. 8, 1985, recorded in Vol. 357, Page 376,
Bastrop County Deed Records. Herein described tract being all of
that certain 199.1 acre tract described in a deed from Alameda W.
Carter, individually and as independent executrix of the Estate of
Arthur E. Carter, deceased, to James L. Moore, et, al, dated Jan. 4,
1947, recorded in Vol. 120, Page 596, Bastrop County Deed Records;
and being a part of that certain 1735 acre tract described as Lot
1-289 acres, Lot 4-152.4 acres, Lot 5-205.3 acres, Lot 7-191.6
acres, Lot 8-258.5 acres, Lot 10-191.6 acres, Lot 11-258.5 acres,
Lot 16-199.6 acres, said tracts being described in a Divorce
Judgment recorded in Vol. 139, Page 20, Bastrop County Deed
Records. Said tracts being a part of the subdivision of the Mark
Young Ranch, according to the map of said subdivision as recorded in
the deed Records of Bastrop County, Texas. Herein described
808.872 acre tract or parcel being more particularly described by
metes and bounds, as follows:
BEGINNING at an iron rod found at a fence corner in the
occupied southeast corner of the DANIEL GRAY SURVEY, the most
easterly corner of the before mentioned ISAAC LINDSEY SURVEY, the
northwest line of the before mentioned REUBEN GAGE SURVEY, the most
northerly east corner of the said 1613.989 acre tract for the most
northerly corner of this tract. Said point being a north corner of
Thousand Oaks, a subdivision as recorded in Plat Cabinet 1, Page
129A-133B, Bastrop County Plat Records and being the most easterly
corner of Lot 16 of the before mentioned Mark Young Ranch
Subdivision.
THENCE with a upper southeast line of the said 1613.989 acre
tract, the northwest line of Thousand Oaks, the southeast line of
Lot 16 of said Mark Young Ranch Subdivision, S 45° 52' 29" W, 2685.82
feet to an iron rod found; S 45° 39' 25" W, 674.60 feet to an iron rod
found; S 45° 40' 30" W, 1579.00 feet to an iron rod found at the
occupied south corner of Lot 16, the east corner of Lot 12 of said
Mark Young Ranch Subdivision, an angle corner of the said 1613.90
acre track for an angle corner of this tract.
THENCE continuing with the upper southeast line of the said
1613.989 acre tract, the northwest line of Thousand Oaks, the
southeast line of said Lot 12, S 45° 20' 53" W, 1054.06 feet to an
iron rod found at a fence corner, the most westerly corner of
Thousand Oaks, the most northerly corner of Lot 10 of said Mark
Young Ranch Subdivision, an Interior corner of the said 1613.989
acre tract for an interior corner of this tract.
THENCE with the southwest line of Thousand Oaks, the
northeast line of Lots 10 and 11 of Mark Young Ranch Subdivision, a
lower northeast line of the said 1613.989 acre tract, S 44° 47' 30"
E, 3764.01 feet to an iron rod found at the most southerly east
corner of the said 1613.989 acre tract for the most southerly east
corner of this tract.
THENCE with the southeast line of the said 1613.989 acre
tract, S 45° 00' 00" W, 4641.20 feet to an iron rod found for the most
southerly corner of this tract.
THENCE crossing said 1613.989 acre tract, N 44° 47' 30" W,
3807.00 feet to an iron rod found in a northwest line of same, the
occupied southeast line of the HIRAM BEALES SURVEY, the northwest
line of the REUBEN GAGE SURVEY, the northwest line of Lot 7 of the
Mark Young Ranch Subdivision for the most southerly west corner of
this tract.
THENCE with the occupied southeast line of the HIRAM BEALES
SURVEY, the northwest line of said Lot 7, N 45° 15' 01" E, 519.50
feet to an iron rod found at the east corner of the Ranch
Subdivision, the south corner of Forest Lakes Subdivision; S 82° 08'
40" E 34.74 feet to an iron rod found; N 44° 58' 13" E, 1112.95 feet
to an iron rod found at the north corner of Lot 7, the west corner of
Lot 10 of said Mark Young Ranch Subdivision, the east corner of
Forest Lakes Subdivision, the south corner of Escondido
Subdivision, an angle corner of the said 1613.989 acre tract for an
angle corner of this tract.
THENCE continuing with the southeast line, as fenced, of the
HIRAM BEALES SURVEY and Escondido Subdivision, the northwest line
of the REUBEN GAGE SURVEY, N 45° 18' 09" E, 769.68 feet to an iron rod
found; N 45° 13' 55" E, 1231.00 feet to an iron rod found; N 45° 06'
13" E, 681.68 feet to an iron rod found; N 10° 00' 21" E, 52.14 feet
to an Iron rod found; N 45° 08' 33" E, 328.00 feet to an iron rod
found; N 45° 31' 19" E, 988.72 feet to an iron rod found at a fence
corner in the southwest line of Lot 16 of said Mark Young Ranch
Subdivision, the most easterly corner of Escondido Subdivision, an
interior corner of the said 1613.989 acre tract for an interior
corner of this tract.
THENCE with the northeast line of Escondido Subdivision, the
south-west line, a s fenced, of Lots 16 and 15 of Mark Young Ranch
Subdivision, N 44° 51' 25" W, 3960.58 feet to an iron rod found at a
fence corner in the southeast line of Charro Estates Subdivision,
the occupied west corner of Lot 15, a west corner of the said
1613.989 acre tract for a west corner of this tract.
THENCE with the southeast line of Charro Estates, N 45° 08'
46" E, 414.45 feet to an iron rod found; N 27° 18' 33" W, 29.88 feet
to an iron rod found, N 43° 32' 45" E, 385.65 feet to an iron rod
found; N 45° 03' 46" E, 806.14 feet to an iron rod found; N 55° 18' 54"
E, 197.22 feet to an iron rod found; N 44° 23' 45" E, 1526.67 feet to
an iron rod found; N 40° 48' 42" E, 458.50 feet to an iron rod found
lit the southwest line of the before mentioned DANIEL GRAY SURVEY,
the northeast line of the ISAAC LINDSEY SURVEY, the most northerly
corner of the said 1613.989 acre tract for the most northerly corner
of this tract.
THENCE with the southwest line, as fenced, of the DANIEL GRAY
SURVEY, the northeast line of the ISAAC LINDSEY SURVEY, and said
1613.989 acre tract, the northeast line of Lots 15 and 16 of the
Mark Young Ranch Subdivision, S 60° 31' 19" E, 4243.31 feet to an
iron rod found, S 45° 54' 23" E, 22.04 feet to the POINT OF
BEGINNING, containing 808.872 acres of land.
SECTION 16. EFFECTIVE DATE. 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, 2003.
* * * * *