78R12639 RCJ-F
By: Armbrister S.B. No. 1916
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Colony 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 Colony Municipal Utility
District No. 1.
SECTION 2. CREATION. (a) A municipal utility district, to
be known as the Colony Municipal Utility District No. 1, is created
in Bastrop County, subject to approval by the City of Bastrop under
Section 8 of this Act and voter approval at a confirmation election
under Section 13 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 purpose of Section 59,
Article XVI, Texas Constitution.
SECTION 4. FINDINGS 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 boundaries of the district are
as follows:
Approximately 1491.04 acres of land, consisting of the following
four tracts:
Tract 1: Approximately 697.62 acres, being all of that certain
1,403.432 acre tract described below; SAVE AND EXCEPT (i) that
550.032 acre tract or portion thereof described in the deed
recorded in Volume 1008, Page 428, Deed Records of Bastrop County,
Texas, and (ii) that 155.78 acre tract or portion thereof more fully
described below.
BEING a 1403.432 acre tract or parcel of land out of and being a part
of the Jose Manuel Bangs Survey, A-5, in Bastrop County, Texas, and
being a part of that certain tract said to contain 1375.57 acres
described in a deed from Texas Commerce Bank National Association
to John B. Duff and Robert E. Duff, dated December 4, 1989, recorded
in Volume 558, Page 486, Bastrop County Deed Records. Herein
described tract or parcel of land being more particularly described
by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at a fence corner in
the south line of the said Jose Manuel Bangs Survey and north line
of the Nancy Blakey Survey, A-98, and north line of The Woodlands, a
subdivision in said county as recorded in Plat Cabinet 2, Page 350A,
Bastrop County Plat Records, the west or southwest corner of that
certain 287.160 acre tract described in a deed from Eddie M.
Frazier, Jr., et ux, to Hughes Market Basket, Inc., recorded in
Volume 897, Page 179, Bastrop County Deed Records, for a southeast
corner of this tract.
THENCE with the south line of the Jose Manuel Bangs Survey,
the north line of the Nancy Blakey Survey, S 88 deg. 54 min. 47 sec.
W, at 1278.12 feet pass a 1/2 inch iron rod found at the northwest
corner of The Woodlands and northeast corner of the Joe L. Middleton
19.82 acre tract described in a deed recorded in Volume 314, Page
718, Bastrop County Deed Records, at approximately 2095 feet pass
the northwest corner of the Middleton tract and northeast corner of
the Ulysses Johnson 8.85 acre tract described in a deed recorded in
Volume 315, Page 67, Bastrop County Deed Records, at approximately
2530 feet past he northwest corner of the Bobby R. Taylor 7.96 acre
tract described in a deed recorded in Volume 323, Page 202, Bastrop
County Deed Records, in all, 2947.22 feet to a 1/2 inch iron rod
found at a fence corner, the southeast corner of that certain 8.285
acre tract described as Tract No. 2 in a deed from Robert W. Mayo to
Larry Kendrick, recorded in Volume 896, Page 106, Bastrop County
Deed Records, for the southwest corner of this tract.
THENCE N 00 deg. 12 min. 57 sec. W, at approximately 595.55
feet pass the northeast corner of the Kendrick 8.285 acre tract and
southeast corner of that certain 14.59 acre tract described in a
deed from Clara Hodge Powell to James Hoskins, recorded in Volume
633, Page 298, Bastrop County Deed Records, in all, 1204.17 feet to
a 1/2 inch iron rod found at the northeast corner of the Hoskins
tract, the southeast corner of that certain 19.165 acre tract
described in a deed to Dale Slaughter, recorded in Volume 894, Page
870, Bastrop County Deed Records, for an angle corner of this tract.
THENCE N 01 deg. 02 min. 54 sec. W, 361.30 feet to a 1/2 inch
iron rod found at the northeast corner of the Slaughter tract, the
southeast corner of the Viola McMarion, et al, 19.230 acre tract
described in a deed recorded in Volume 168, Page 167, Bastrop County
Deed Records, for an angle corner of this tract.
THENCE N 01 deg. 09 min. 55 sec. W, 391.65 feet to a 5/8 inch
iron rod found at the northeast corner of the McMarion tract, the
southeast corner of Greenfields, a subdivision as recorded in Plat
Cabinet 1, Page 192A Bastrop County Plat Records, for an angle
corner of this tract.
THENCE N 00 deg. 37 min. 02 sec. W, 423.90 feet to a 60d nail
found at a fence corner post, the northeast corner of Greenfields
subdivision, the southeast corner of the Leon Anderson 10.70 acre
tract described in an Affidavit of Heirship, recorded in Volume
815, Page 366, Bastrop County Deed Records, for an angle corner of
this tract.
THENCE N 00 deg. 35 min. 26 sec. W, 1530.51 feet to a 5/8 inch
iron rod found at a fence corner, the northeast corner of the
Anderson tract, for an interior corner of this tract.
THENCE with the north line of the Anderson 10.70 acre tract
and north line of that certain 21.602 acre tract described in a
Contract of Sale and Purchase from the Veteran's Land Board of Texas
to Thomas Michael Kenney, et al, recorded in Volume 882, Page 206,
Bastrop County Deed Records, the north line of that certain 31.10
acre tract described in 3 tracts in a deed from Robert Johnson, et
ux, to Doris R. Johnson, et al, recorded in Volume 311, page 493,
Bastrop County Deed Records, S 89 deg. 54 min. 47 sec. W, 611.10
feet to a 5/8 inch iron rod found; S 89 deg. 53 min. 59 sec. W,
592.44 feet to a 5/8 inch iron rod set for the southeast corner of
that certain 111 acre tract less highway described in a deed from
Jimmy E. Gerwin, et ux, to Edward F. Galwardi, et ux, recorded in
Volume 196, Page 460, Bastrop County Deed Records, for an upper
southwest corner of this tract, from which a 1/2 inch iron rod found
in the east line of Farm to Market Road No. 1209 bears S 89 deg. 53
min. 59 sec. W, 74.58 feet.
THENCE with the east line of the Galwardi 111 acre tract, N 00
deg. 00 min. 00 sec. E, 197.55 feet to a 5/8 inch iron rod set where
same intersects the east line of Farm to Market Road No. 1209.
THENCE with the east line of Farm to Market Road No. 1209, N
20 deg. 40 min. 16 sec. E, 362.32 feet to a concrete right-of-way
marker found; N 15 deg. 10 min. 11 sec. E, 201.43 feet to a 5/8 inch
iron rod set; N 20 deg. 40 min. 16 sec. E, 194.90 feet to a concrete
right-of-way marker found at the beginning of a curve to the right.
THENCE with the said curve to the right whose radius is
2824.79 feet; whose long chord bears N 26 deg. 51 min. 35 sec. E,
600.78 feet; 601.92 feet along the arc to a 1/2 inch iron rod found
at the southwest corner of that certain 4.751 acre tract described
in a deed from Robert T. Patterson to Wilfred Wilson, recorded in
Volume 692, Page 764, Bastrop County Deed Records, for an angle
corner of this tract.
THENCE with the south line of the Wilson 4.751 acre tract, N
82 deg. 26 min. 11 sec. E, 626.83 feet to the southeast corner of
same, a 1/2 inch iron rod found at a fence corner, for an interior
corner of this tract.
THENCE with the east line of the Wilson 4.751 acre tract, N 00
deg. 49 min. 36 sec. W, 592.67 feet to a 1/2 inch iron rod found at
the northeast corner of same in the southeast line of Farm to Market
Road No. 1209, for an angle corner of this tract.
THENCE with the southeast line of Farm to Market Road No.
1209, N 51 deg. 08 min. 14 sec. E, 466.02 feet to a concrete
right-of-way marker found; N 56 deg. 45 min. 57 sec. E, 200.98 feet
to a concrete right-of-way marker found; N 51 deg. 05 min. 39 sec.
E, 599.62 feet to a concrete right-of-way marker found; N 51 deg. 06
min. 14 sec, E, 100.34 feet to a right-of-way monument found; N 45
deg. 27 min. 49 sec. E, 200.85 feet to a concrete right-of-way
found; N 50 deg. 52 min. 25 sec. E, 33.38 feet to a 1/2 inch iron rod
found at the southwest corner of Forest Park Estates, a subdivision
as recorded in Plat Cabinet No. 3, Page 117B, Bastrop County Plat
Records, for an angle corner of this tract.
THENCE with the south line of Forest Park Subdivision and the
south line of that certain 25.877 acre tract described in a deed
from Toya L. Lutz to Gwendolyn E. Dennis, et al, recorded in Volume
726, Page 737, Bastrop County Deed Records, S 69 deg. 57 min. 03
sec. E, at 913.36 feet pass a 5/8 inch iron rod found at the
southeast corner of the Forest Park Estates and southwest corner of
the Dennis tract, in all, 1338.70 feet to the southeast corner of
the Dennis 25.877 acre tract, a 1/2 inch iron rod found at the west
corner of the Snyder Family Partnership, Ltd., 146 acre tract
described in Volume 561, Page 170, Bastrop County Deed Records, for
an angle corner of this tract.
THENCE with the southwest line of the Snyder 146 acre tract, S
45 deg. 20 min. 06 sec. E, 1108.96 feet to the south corner of same,
a 3/4 inch iron pipe found at a fence corner, the west corner of that
certain 163.258 acre tract described in a deed from Naomi Ekman to
Julian Lockwood, et ux, recorded in Volume 736, Page 680, Bastrop
County Deed Records, for an angle corner of this tract.
THENCE with the southwest line of the Lockwood 163.258 acre
tract, S 46 deg. 15 min. 57 sec. E, 1110.82 feet to the south corner
of same, a 1/2 inch iron rod found at a fence, for an interior corner
of this tract.
THENCE with the southeast line of the Lockwood 163.258 acre
tract, N 44 deg. 52 min. 11 sec. E, 4150.93 feet to a 1/2 inch iron
rod found; N 46 deg. 22 min. 35 sec. E, 817.62 feet to a 1/2 inch
iron rod found; N 44 deg. 18 min. 40 sec. E, 1148.99 feet to a 3/4
inch iron pipe found where same intersects the southeast line of
County Road No. 228, also known as Earhardt Road, at the termination
of same, for an angle corner of this tract.
THENCE with the southeast line of Earhardt Road, N 54 deg. 42
min. 04 sec. E, 100.62 feet to a 1/2 inch iron rod found; N 45 deg.
37 min. 33 sec. E, 4364.00 feet to a 1/2 inch iron rod found where
same intersects the southwest line of Farm to Market Road No. 969,
for the most northerly west corner of this tract.
THENCE with the southwest line of Farm to Market Road No. 969,
S 44 deg. 55 min. 43 sec. E, 2087.84 feet to a 5/8 inch iron rod
found at the north corner of that certain 516.760 acre tract
described in a deed from Sam Johnson, et ux, to W.W. Oatman, et al,
recorded in Volume 917, Page 389, Bastrop County Deed Records, for
the most northerly east corner of this tract.
THENCE with the northwest line of the Oatman 516.760 acre
tract, S 45 deg. 25 min. 56 sec. W, 10,572.45 feet to the west corner
of same, a 1 1/2 inch iron pipe found at a fence corner for an
interior corner of this tract.
THENCE with the southwest line of the Oatman 516.760 acre
tract, S 44 deg. 51 min. 36 sec. E, 1937.50 feet to a /2 inch iron
rod found at an angle of the northwest line of the before mentioned
Hughes Market Basket 287.160 acre tract, for a lower east corner of
this tract.
THENCE with the northwest line of the Hughes Market Basket
287.160 acre tract, S 59 deg. 15 min. 52 sec. W, 1698.59 feet to a
fence angle post; S 59 deg. 24 min. 20 sec. W, 3614.89 feet to the
POINT OF BEGINNING, containing 1403.432
SAVE AND EXCEPT the following described 550.032 acre tract or
portion thereof:
BEING a 550.032 acre tract or parcel of land out of and being a part
of the Jose Manuel Bangs Survey, A-5, in Bastrop County, Texas, and
being a part of that certain tract said to contain 1375.57 acres
described in a deed from Texas Commerce Bank National Association
to John B. Duff and Robert E. Duff, dated December 4, 1989, recorded
in Volume 558, Page 486, Bastrop County Deed Records. Herein
described tract or parcel of land 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 in the south line of the said Jose Manuel Bangs Survey
and north line of the Nancy Blakey Survey, A-98, and north line of
The Woodlands, a subdivision in said county as recorded in Plat
Cabinet 2, Page 350A, Bastrop County Plat Records, the west or
southwest corner of that certain 287.160 acre tract described in a
deed from Eddie M. Frazier, Jr., et ux, to Hughes Market Basket,
Inc., recorded in Volume 897, Page 179, Bastrop County Deed
Records.
THENCE with the south line of the Jose Manuel Bangs Survey and
north line of the Nancy Blakey Survey, S 88 deg. 54 min. 47 sec. W,
557.92 feet to a 5/8 inch iron rod set for the POINT OF BEGINNING,
the southeast corner of this tract.
THENCE continuing with the south line of the Jose Manuel
Bangs Survey, the north line of the Nancy Blakey Survey, S 88 deg.
54 min. 47 sec. W, at 720.20 feet pass a 1/2 inch iron rod found at
the northwest corner of the Woodlands and northeast corner of the
Joe L. Middleton 19.82 acre tract described in a deed recorded in
Volume 314, Page 718, Bastrop County Deed Records, at approximately
1537 feet pass the northwest corner of the Middleton tract and
northeast corner of the Ulysses Johnson 8.85 acre tract described
in a deed recorded in Volume 315, Page 67, Bastrop County Deed
Records, at approximately 1972 feet past he northwest corner of the
Bobby R. Taylor 7.96 acre tract described in a deed recorded in
Volume 323, Page 202, Bastrop County Deed Records, in all, 2389.30
feet to a 1/2 inch iron rod found at a fence corner, the southeast
corner of that certain 8.285 acre tract described as Tract No. 2 in
a deed from Robert W. Mayo to Larry Kendrick, recorded in Volume
896, Page 106, Bastrop County Deed Records, for the southwest
corner of this tract.
THENCE N 00 deg. 12 min. 57 sec. W, at approximately 595.55
feet pass the northeast corner of the Kendrick 8.285 acre tract and
southeast corner of that certain 14.59 acre tract described in a
deed from Clara Hodge Powell to James Hoskins, recorded in Volume
633, Page 298, Bastrop County Deed Records, in all, 1204.17 feet to
a 1/2 inch iron rod found at the northeast corner of the Hoskins
tract, the southeast corner of that certain 19.165 acre tract
described in a deed to Dale Slaughter, recorded in Volume 894, Page
870, Bastrop County Deed Records, for an angle corner of this tract.
THENCE N 01 deg. 02 min. 54 sec. W, 361.30 feet to a 1/2 inch
iron rod found at the northeast corner of the Slaughter tract, the
southeast corner of the Viola McMarion, et al, 19.230 acre tract
described in a deed recorded in Volume 168, Page 167, Bastrop County
Deed Records, for an angle corner of this tract.
THENCE N 01 deg. 09 min. 55 sec. W, 391.65 feet to a 5/8 inch
iron rod found at the northeast corner of the McMarion tract, the
southeast corner of Greenfields, a subdivision as recorded in Plat
Cabinet 1, Page 192A, Bastrop County Plat Records, for an angle
corner of this tract.
THENCE N 00 deg. 37 min. 02 sec. W, 423.90 feet to a 60d nail
found at a fence corner post, the northeast corner of Greenfields
subdivision, the southeast corner of the Leon Anderson 10.70 acre
tract described in an Affidavit of Heirship, recorded in Volume
815, Page 366, Bastrop County Deed Records, for an angle corner of
this tract.
THENCE N 00 deg. 35 min. 26 sec. W, 1530.51 feet to a 5/8 inch
iron rod found at a fence corner, the northeast corner of the
Anderson tract, for an interior corner of this tract.
THENCE with the north line of the Anderson 10.70 acre tract
and north line of that certain 21.602 acre tract described in a
Contract of Sale and Purchase from the Veteran's Land Board of Texas
to Thomas Michael Kenney, et al, recorded in Volume 882, Page 206,
Bastrop County Deed Records, the north line of that certain 31.10
acre tract described in 3 tracts in a deed from Robert Johnson, et
ux, to Doris R. Johnson, et al, recorded in Volume 311, page 493,
Bastrop County Deed Records, S 89 deg. 54 min. 47 sec. W, 611.10
feet to a 5/8 inch iron rod found; S 89 deg. 53 min. 59 sec. W,
592.44 feet to a 5/8 inch iron rod set for the southeast corner of
that certain 111 acre tract less highway described in a deed from
Jimmy E. Gerwin, et ux, to Edward F. Galwardi, et ux, recorded in
Volume 196, Page 460, Bastrop County Deed Records, for an upper
southwest corner of this tract, from which a 1/2 inch iron rod found
in the east line of Farm to Market Road No. 1209 bears S 89 deg. 53
min. 59 sec. W, 74.58 feet.
THENCE with the east line of the Galwardi 111 acre tract, N 00
deg. 00 min. 00 sec. E, 197.55 feet to a 5/8 inch iron rod set where
same intersects the east line of Farm to Market Road No. 1209.
THENCE with the east line of Farm to Market Road No. 1209, N
20 deg. 40 min. 16 sec. E, 362.32 feet to a concrete right-of-way
marker found; N 15 deg. 10 min. 11 sec. E, 201.43 feet to a 5/8 inch
iron rod set; N 20 deg. 40 min. 16 sec. E, 194.90 feet to a concrete
right-of-way marker found at the beginning of a curve to the right.
THENCE with the said curve to the right whose radius is
2824.79 feet; whose long chord bears N 26 deg. 51 min. 35 sec. E,
600.78 feet; 601.92 feet along the arc to a 1/2 inch iron rod found
at the southwest corner of that certain 4.751 acre tract described
in a deed from Robert T. Patterson to Wilfred Wilson, recorded in
Volume 692, Page 764, Bastrop County Deed Records, for an angle
corner of this tract.
THENCE with the south line of the Wilson 4.751 acre tract, N
82 deg. 26 min. 11 sec. E, 626.83 feet to the southeast corner of
same, a 1/2 inch iron rod found at a fence corner, for an interior
corner of this tract.
THENCE with the east line of the Wilson 4.751 acre tract, N 00
deg. 49 min. 36 sec. W, 592.67 feet to a 1/2 inch iron rod found at
the northeast corner of same in the southeast line of Farm to Market
Road No. 1209, for an angle corner of this tract.
THENCE with the southeast line of Farm to Market Road No.
1209, N 51 deg. 08 min. 14 sec. E, 466.02 feet to a concrete
right-of-way marker found; N 56 deg. 45 min. 57 sec. E, 200.98 feet
to a concrete right-of-way marker found; N 51 deg. 05 min. 39 sec.
E, 599.62 feet to a concrete right-of-way marker found; N 51 deg. 06
min. 14 sec. E, 1000.34 feet to a concrete right-of-way marker
found; N 45 deg. 27 min. 49 sec. E, 200.85 feet to a concrete
right-of-way found; N 50 deg. 52 min. 25 sec. E, 33.38 feet to a 1/2
inch iron rod found at the southwest corner of Forest Park Estates,
a subdivision as recorded in Plat Cabinet No. 3, Page 117B, Bastrop
County Plat Records, for an angle corner of this tract.
THENCE with the south line of Forest Park Estates and the
south line of that certain 25.877 acre tract described in a deed
from Toya L. Lutz to Gwendolyn E. Dennis, et al, recorded in Volume
726, Page 737, Bastrop County Deed Records, S 69 deg. 57 min. 03
sec. E, at 913.36 feet pass a 5/8 inch iron rod found at the
southeast corner of the Forest Park Estates and southwest corner of
the Dennis tract, in all, 1338.70 feet to the southeast corner of
the Dennis 25.877 acre tract, a 1/2 inch iron rod found at the west
corner of the Snyder Family Partnership, Ltd., 146 acre tract
described in Volume 561, Page 170, Bastrop County Deed Records, for
an angle corner of this tract.
THENCE with the southwest line of the Snyder 146 acre tract, S
45 deg. 20 min. 06 sec. E, 1108.96 feet to the south corner of same,
a 3/4 inch iron pipe found at a fence corner, the west corner of that
certain 163.258 acre tract described in a deed from Naomi Ekman to
Julian Lockwood, et ux, recorded in Volume 736, Page 680, Bastrop
County Deed Records, for an angle corner of this tract.
THENCE with the southwest line of the Lockwood 163.258 acre
tract, S 46 deg. 15 min. 57 sec. E, 1110.82 feet to the south corner
of same, a 1/2 inch iron rod found at a fence corner of same, an
interior corner of the Duff tract, for an angle corner of this
tract.
THENCE S 08 deg. 54 min. 56 sec. E, 207.27 feet to a 5/8 inch
iron rod set; S 09 deg. 59 min. 13 sec. W, 12220.00 feet to a 5/8
inch iron rod set; S 82 deg. 13 min. 5 sec. W, 2212.60 feet to a 5/8
inch iron rod set; S 30 deg. 51 min. 47 sec. E, 777.02 feet to a 5/8
inch iron rod set; S 06 deg. 05 min. 56 sec. W, 453.93 feet to a 5/8
inch iron rod set; S 30 deg. 51 min. 03 sec. E, 606.98 feet to a 5/8
inch iron rod set; S 17 deg. 23 min. 35 sec. W, 982.71 feet to a 5/8
inch iron rod set; S 27 deg. 05 min. 03 sec. W, 442.97 feet to a 5/8
inch iron rod set; S 13 deg. 18 min. 19 sec. W, 495.33 feet to a 5/8
inch iron rod set; S 10 deg. 11 min. 21 sec. W, 937.54 feet to the
POINT OF BEGINNING, containing 550.032 acres of land, and
SAVE AND EXCEPT the following described 155.78 acre tract of land:
BEING a 155.78 acre tract of land out of and being a part of the JOSE
MANUEL BANGS SURVEY, A-5, in Bastrop County, Texas, and being a part
or portion of that certain 1375.57 acre tract described in a deed
from Texas Commerce Bank Association to John B. Duff and Robert E.
Duff, dated December 4, 1989, and recorded in Volume 558, on Page
486, of the Bastrop County Deed Records, and being more
particularly described by metes and bounds herein, to-wit;
BEGINNING at the southern most southeast corner that certain
550.032 acre tract described in a deed from John B. Duff, Trustee
and Robert E. Duff, Trustee, to Sabine Investment Company of Texas,
Inc., as recorded October 8, 1999, in Volume 1008, on page 428, of
the Bastrop County Deed Records;
THENCE, with the east boundary line of the afore referenced
550.032 acre Sabine tract, N10o11'21"E, 937.54 feet, to a 5/8 inch
iron rod; N13o18'19"E, 495.33 feet, to a 5/8" iron rod; N27o05'03"E,
442.97 feet, to a 5/8" iron rod; N17o23'35"E, 982.71 feet, to a 5/8"
iron rod; N06o05'26"E, 453.93 feet, to a 5/8" iron rod; N30o51'47"W,
777.02 feet, to a 5/8" iron rod; N82o13'55"E, 2,152.65 feet, to a
point for corner in the eastern most south boundary line of the said
Sabine 550.032 acre tract, in that certain Right of Way conveyed to
Koch Refining Company, L.P., as recorded in Volume 758, on Page 754,
of the Deed Records of Bastrop County, Texas;
THENCE S09o51'03"W, parallel with the afore said Koch
Pipeline R.O.W., 3,704.40 feet, to a point in a Southeasterly
boundary line of the afore referenced Duff 1375.57 acre tract,
same being a common boundary line with that certain 287.160 acre
tract described in a deed from Ed L. Hughes to EMHUGH, LTD., dated
June 19, 2000and recorded in Volume 1059, on Page 442, of the Deed
Records of Bastrop County, Texas;
THENCE, S59o46'28"W, with the said common boundary line, at
978.16 feet, a 1/2 inch iron rod at a fence corner in the north line
of the Nancy Blakey Survey, A-98, and The Woodlands, a subdivision
as recorded in Plat Cabinet 2, on Pages 350A-352A, Bastrop County
Plat Records, the south line of the afore mentioned Jose Manuel
Bangs Survey, a southeast corner of the referenced Duff 1375.57
acre tract and the most westerly corner of the afore said EMHUGH
287.160 acre tract;
THENCE, S89o47'02"W, 1078.86 feet with the afore said north
boundary line of the Nancy Blakey Survey and Woodlands and the afore
said south boundary line of the Jose Manuel Bangs Survey and the
referenced Duff 1375.57 acre tract, to the point and place of
beginning and containing 155.78 acres of land.
Tract 2: All of that certain 416.251 acre tract (called 416.06
acres) described in the deed recorded in Volume 707, Page 288, Deed
Records of Bastrop County, Texas, further described by metes and
bounds as follows:
416.06 acres of land, more or less, out of the J. M. Bangs Survey in
Bastrop County, Texas, being a part of that certain 667.72 acre
tract conveyed to Leo M. Black by deed of record in Vol. 137, Pg. 68,
Deed Records of Bastrop County, Texas, and more particularly
described by metes and bounds as follows:
BEGINNING at an iron pipe at fence corner in the W. line of
the Bastrop-Utley Road at the S.E. corner of that certain 667.62 ac.
tract conveyed to Leo M. Black by deed of record in Vol. 137, Pg. 68,
Bastrop County Deed Records, for the S.E. corner of the tract herein
described;
THENCE with the S. line of said Black 667.72 ac. tract, S. 89
deg. 51' W, a distance of 11,131.52 ft. to a fence corner post at the
W. corner of the said Black 667.62 ac. for the W. corner of this
tract;
THENCE with the N. W. line of said Black 667.62 ac., N. 60
deg. 47' E. a distance of 4,135.32 ft to an iron pipe set for the
N.W. corner of this tract;
THENCE N. 89 deg. 51' E. a distance of 7,505.47 ft. to an iron
pipe in the W. line of the said Road for the N. E. corner of this
tract, being also the S. E. corner of the J. Hennesey 6.27 ac.
tract;
THENCE with the W. line of said county road as follows: S. 10
deg. 29' E. 271.44 ft.; S. 5 deg. 35' E. 544.22 ft.; S. 4 deg. 34' W.
1,084.56 ft., to the Place of Beginning, according to the survey
prepared by Claude F. Bush, Licensed State Land Surveyor, June,
1952; SAVE AND EXCEPT, however, that small strip of land along the
East line given to the County for the purpose of widening the public
road; and being the same property described in the Deed from Joe
Scott, et ux to Rayburn Stanley, et ux, dated September 20, 1962, of
record in Vol. 158, Pg. 350, Bastrop County Deed Records, to which
said deed and its record reference is hereby made for all pertinent
purposes.
Tract 3: All of that certain 287.160 acre tract described in the
deed recorded in Volume 658, Page 498, Deed Records of Bastrop
County, Texas, being more particularly described by metes and
bounds below, SAVE AND EXCEPT that certain 4.26 acre tract or parcel
thereof described by metes and bounds below:
BEING a 287.160 acre tract or parcel of land out of and being a part
of the Jose Manuel Bangs Survey, A-5, in Bastrop County, Texas, and
being a part of that certain 599.818 acre tract described in a deed
from J.H. Clipson, et al, to Eddie M. Frazier, Jr. and wife, Carol
M. Frazier, dated February 22, 1993, recorded in Volume 658, Page
498, Bastrop County Deed Records. Herein described tract or parcel
being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at a fence corner in
the north line of the Nancy Blakey Survey, A-98, and The Woodlands,
a subdivision as recorded in Plat Cabinet 2, Page 350A-352A,
Bastrop County Plat Records, the south line of the before mentioned
Jose Manuel Bangs Survey, an angle corner of the John Duff, et al,
1375.57 acre tract described in a deed recorded in Volume 558, Page
486, Bastrop County Deed Records, the most westerly corner of the
said 599.818 acre tract, for the most westerly corner of this tract.
THENCE with the south or southeast line of the Duff tract, the
north or northwest line of the said 599.818 acre tract, N 59 deg. 24
min. 18 sec. E. 3614.33 feet to a fence angle post; N 59 deg. 15 min.
44 sec. E, 1698.46 feet to a 1/2 inch iron rod found at a fence
corner, a east or southeast corner of the Duff tract in the
southwest line of that certain 516.76 acre tract described in a deed
from Methodist Home to Sam Johnson, et ux, recorded in Volume 685,
Page 522, Bastrop County Deed Records, an angle corner of the
599.818 acre tract, for an angle corner of this tract.
THENCE with the southwest line of the Johnson 516.76 acre
tract, S. 44 deg. 49 min. 40 sec. E, 195.39 feet to a 1/2 inch iron
rod found at a fence corner, the south corner of said 516.76 acre
tract, an interior corner of the said 599.818 acre tract, for an
interior corner of this tract.
THENCE with the southeast line of the Johnson 516.76 acre
tract and a northwest line of the said 599.818 acre tract, N 45 deg.
21 min. 40 sec. E, 1945.77 feet to a 1/2 inch iron rod set for the
north corner of this tract.
THENCE crossing said 599.818 acre tract, S 29 deg. 17 min. 28
sec. E. at 1316.94 feet pass the northwest corner of that certain
291.000 acre tract described in a deed from J.H. Clipson, Sr., et
al, to Gerald L. Kline, Jr., et ux, recorded in Volume 621, Page
565, Bastrop County Deed Records, continuing with the west line of
the Kline 291.000 acre tract a total distance of 2730.44 feet to a
1/2 inch iron rod found in the north or northwest line of that
certain 416.06 acre tract described in a deed from the Federal
Deposit Insurance Corporation to Edward L. Hughes recorded in
Volume 707, Page 288, Bastrop County Deed Records, the southwest
corner of the Kline tract, an angle corner of the said 599.818 acre
tract, for the east or southeast corner of this tract.
THENCE with the common line of the said 599.818 acre tract and
Hughes 416.06 acre tract, S 60 deg. 41 min. 11 sec. W 3129.02 feet to
a 5/8 inch iron rod found in the north line of the Nancy Blakey
Survey and The Woodlands Subdivision, the south line of the Jose
Manuel Bangs Survey, the west corner of the Hughes 416.06 acre
tract, an angle corner of the said 599.818 acre tract, for an angle
corner of this tract.
THENCE with the north line of the Nancy Blakey Survey and The
Woodlands Subdivision, the south line of the Jose Manuel Bangs
Survey and said 599.818 acre tract, S 89 deg. 43 min. 11 sec. W,
4700.83 feet to the POINT OF BEGINNING, containing 287.160 acres of
land,
SAVE AND EXCEPT that certain 4.26 acre tract or parcel thereof
described by metes and bounds as follows:
BEING that certain 4.26 acre tract of land out of and being a part of
the JOSE MANUEL BANGS SURVEY, A-5, in Bastrop County, Texas, and
being a part or portion of that certain 287.160 acre tract described
in a deed from Ed L. Hughes to EMHUGH, Ltd., dated June 19, 2000, and
recorded in Volume 1059, on Page 442, of the Bastrop County Deed
Records, and being more particularly described by metes and bounds
herein, to-wit;
BEGINNING at the western most corner that referenced EMHUGH
287.160 acre tract, same being the south east corner of that certain
1375.57 acre tract described in a deed from Texas Commerce Bank
National Association to John B. Duff, Trustee and Robert E. Duff,
dated December 4, 1989, as recorded, in Volume 558, on page 486, of
the Bastrop County Deed Records, in the south line of the afore
mentioned Jose Manuel Bangs Survey, in the north line of The
Woodlands, a subdivision in said county as recorded in Plat Cabinet
2, on Page 350A, of the Bastrop County Plat Records and the north
line of the Nancy Blakey Survey, A-98;
THENCE, N59o46'28"E, with the northwest line of the
referenced EMHUGH 287.160 acre tract and the southeast line of the
afore said Duff 1375.57 acre tract, 978.16 feet, to a point in that
certain Right of Way conveyed to Koch Refining Company, L.P., as
recorded in Volume 758, on Page 754, of the Deed Records of Bastrop
County, Texas;
THENCE S09o51'03"W, parallel with the afore said Koch
Pipeline R.O.W., 496.01 feet, to a point for corner in south line of
the referenced EMHUGH 287.160 acre tract, the south line of the
afore mentioned Jose Manuel Bangs Survey, the north line of the
afore said Woodlands and the north line of the afore mentioned Nancy
Blakey Survey;
THENCE, S89o47'02"W, 1078.86 feet with the afore said north
boundary line of the Nancy Blakey Survey and Woodlands and the afore
said south boundary line of the Jose Manuel Bangs Survey and the
referenced EMHUGH 287.160 acre tract, to the point and place of
beginning and containing 4.26 acres of land; and
Tract 4: Approximately 94.269 acres, being all of that certain
98.274 acre tract more fully described by metes and bounds
description below, SAVE AND EXCEPT that certain 4.005 acre tract or
parcel thereof described by metes and bounds descriptions below.
BEING a 98.274 acre tract or parcel of land out of and being a part
of the J.M. BANGS SURVEY, A-5, in Bastrop County, Texas, and being
all of that certain 95.00 acres described in a deed from Leonard S.
James and wife, Emma G. James to Arthur Mitchell, recorded in Vol.
204, Page 434, Bastrop County Deed Records. Said tract being a part
of that certain 304.34 acre tract described in a deed from J.J.
Hennesey, et al, to Leo M. Black, dated June 26, 1952, recorded in
Vol. 135, page 20, Bastrop County Deed Records. Herein described
98.274 acre tract or parcel being more particularly described by
metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at a fence corner at
the intersection of the south line of the before mentioned J.M.
BANGS SURVEY and 304.34 acre tract and north line of the NANCY
BLAKEY SURVEY with the east line of Farm to Market Road No. 969 for
the southwest corner of this tract. Said point being in the north
line of that certain 1090 acre tract described as Tract #1 and set
aside to Sam Edith Higgins Ketha, et vir, in a Partition Deed
recorded in Vol. 161 Page 233, Bastrop County Deed Records.
THENCE with the east line of Farm to Market Road No. 969, N 02
deg 00 Min 57 Sec E, 1452.55 feet to a concrete right of way marker
found at the beginning of a curve to the left.
THENCE with the said curve to the left whose radius is 1472.40
feet; whose central angle is 07 deg 26 min 36 sec; whose long chord
bears N 01 deg 41 min 24 sec W, 191.15 feet, along the arc to a 5/8
inch iron rod set near a fence corner, the southwest corner of a
deed from Norman Hubert Karrer, et ux, to Lewis Roy Rhodes, it ux,
recorded in Vol. 210, Page 751, Bastrop County Deed Records for the
northwest corner of this tract.
THENCE with the south line of the Rhodes 8.63 acre tract, as
fenced, N 72 deg 35 min 02 sec E, 1403.14 feet to the southeast
corner of same, a 60d nail set in a 16 inch elm at fence corner on
the low bank of the Colorado River and east line of the before
mentioned 304.34 acre tract for the northeast corner of this tract.
THENCE with the meander of the low bank of the Colorado River,
the east line of the said 304.34 acre tract; S 39 deg 35 min 41 sec
E, 273.78 feet, S 39 deg 17 min 53 sec E, 109.94 feet; S 28 deg 28 min
40 sec E, 159.87 feet; S 27 deg 34 min 57 sec E, 218.39 feet; S 31 deg
57 min 25 sec E, 374.04 feet; S 48 deg 16 min 37 sec E, 143.52 feet; S
52 deg 31 min 13 sec E, 99.93 feet; S 42 deg 33 min 31 sec E, 301.31
feet; S 44 deg 54 min 55 sec E, 298.11 feet; S 46 deg 07 min 52 sec E,
305.52 feet; S 48 deg 53 min 04 sec E, 115.56 feet; S 40 deg 25 min 12
sec E, 333.17 feet; S 55 deg 52 min 39 sec E, 121.05 feet to the
southeast corner of the said 304.34 acre tract, the southeast
corner of the J.M. BANGS SURVEY and the northeast corner of the
NANCY BLAKEY SURVEY for the southeast corner of this tract. Said
point being the northeast corner of the before mentioned Ketha 1090
acre tract.
THENCE with the south line for the J.M. BANGS SURVEY and said
304.34 acre tract, the north line of the NANCY BLAKEY SURVEY and
Ketha 1090 acre tract, N 88 deg 31 min 09 sec W, at 50.00 feet pass a
5/8 inch iron rod set for reference, at 1139.21 feet pass a 5/8 inch
iron rod set where same intersects a fence line in all 3229.04 feet
to the POINT OF BEGINNING, containing 98.274 acre of land,
SAVE AND EXCEPT that certain 4.005 acre tract of land described as:
BEING a 4.005 acre tract or parcel of land out of and being a part of
the J.M. BANGS SURVEY, A-5, in Bastrop County, Texas, and being part
of that certain 95.00 acres described in a deed from Leonard S.
James and wife, Emma G. James to Arthur Mitchell, recorded in Vol.
204, Page 434, Bastrop County Deed Records. Said tract being a part
of that certain 304.34 acre tract described in a deed from J.J.
Hennesey, et al, to Leo M. Black, dated June 26, 1952, recorded in
Vol. 135, page 20, Bastrop County Deed Records. Herein described
4.005 acre tract or parcel being more particularly described by
metes and bounds as follows:
BEGINNING at the southeast corner of the referenced Black
304.34 acre tract, said point being the southeast corner of the
mentioned J.M. BANGS SURVEY and the northeast corner of the NANCY
BLAKEY SURVEY. Said point being the northeast corner of that
certain 1090 acre tract described as Tract #1 and set aside to Sam
Edith Higgins Ketha, et vir, in a Partition Deed recorded in Vol.
161 Page 233, Bastrop County Deed Records.
THENCE with the south line of the J.M. BANGS SURVEY, the south
line of the referenced Black 304.34 acre tract, the north line of
the NANCY BLAKEY SURVEY and north line of the afore said Ketha 1090
acre tract, N 88 deg 31 min 09 sec W, at 50.00 feet pass a 5/8 inch
iron rod for reference, at 1139.21 feet a 5/8 inch iron rod, at a
fence intersection;
THENCE with the meander of a fence: N 71 deg 58 min 03 sec E,
279.99 feet; N 72 deg 23 min 34 sec E, 185.14 feet; N74 deg 14 min 12
sec E, 149.19 feet; N 55 deg 11min 31 sec E, 105.95 feet; N 26 deg 35
min 01 sec E, 139.12 feet, to a point on the low bank of the Colorado
River, said point being in the east line of the referenced Black
304.34 acre tract;
THENCE with the meanders of the low bank of the Colorado
River, the east line of the said 304.34 acre tract; S 48 deg 53 min
04 sec E, 115.56 feet; S 40 deg 25 min 12 sec E, 333.17 feet; S 55 deg
52 min 39 sec E, 121.05 feet to the POINT OF BEGINNING, containing
4.005 acres of land.
SECTION 6. FINDINGS RELATIVE TO BOUNDARIES. The
legislature finds that the boundaries and field notes of the
district form a closure. If a mistake is made in the field notes or
in copying the field notes in the legislative process, the mistake
does not affect in any way:
(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. GENERAL POWERS. 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.
SECTION 8. CITY OF BASTROP. (a) The district is wholly
located within the extraterritorial jurisdiction of the City of
Bastrop. The district 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.
Creation of the district is subject to approval by the City of
Bastrop under Sections 42.042, Local Government Code, and 54.016,
Water Code.
(b) Subject to the approval 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.
SECTION 9. DEVELOPMENT AGREEMENT. The district may enter
into a written contract with the City of Bastrop that:
(1) guarantees 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) regulates 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;
(3) contains other terms and considerations that the
parties agree are reasonable and appropriate; and
(4) may be renewed or extended for successive periods
not to exceed a total of 15 years.
SECTION 10. APPLICABILITY OF OTHER LAW. This Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act.
SECTION 11. 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 13 of this Act.
(c) Two of the initial directors serve until the first
election of permanent directors under Section 14 of this Act. Three
of the initial directors serve until the second election of
permanent directors under Section 14 of this Act.
(d) 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.
(f) A director serves until the director's successor has
qualified.
SECTION 12. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Don Nolen;
(2) Kay Wesson;
(3) Ashley Mutschink;
(4) Jim Mills; and
(5) Steve Rivers.
(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 13. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
(a) The temporary board shall call and hold an election to confirm
establishment of the district and to elect five initial directors
as provided by Section 49.102, Water Code.
(b) The initial directors elected shall draw lots to decide
which two shall serve terms lasting until replacement directors are
elected at the first regularly scheduled election of directors
under Section 14 of this Act and which three shall serve until the
second regularly scheduled election of directors.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors election held as provided by
this section.
SECTION 14. ELECTION OF DIRECTORS. (a) On the first
Saturday in May of the first even-numbered year after the year in
which the district is authorized to be created at a confirmation
election, an election shall be held in the district for the election
of two directors to replace the two initial directors serving
shorter terms from the confirmation election.
(b) On the first Saturday in May of each subsequent
even-numbered year following the election, the appropriate number
of directors shall be elected.
SECTION 15. 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. The
governor, one of the required recipients, has submitted the notice
and Act to the commission.
(b) 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.
(c) 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 16. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
takes effect September 1, 2003.
(b) If the creation of the district is not confirmed at a
confirmation election held under Section 13 of this Act before
September 1, 2005, this Act expires on that date.