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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 Rio de Vida Municipal Utility |
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District No. 1; providing authority to impose a tax and issue bonds. |
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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 8013 to read as follows: |
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CHAPTER 8013. RIO DE VIDA MUNICIPAL UTILITY |
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DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8013.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Austin, Texas. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "County" means Travis County. |
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(5) "Director" means a board member. |
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(6) "District" means the Rio de Vida Municipal Utility |
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District No. 1. |
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Sec. 8013.002. 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. 8013.003. CONFIRMATION ELECTION REQUIRED. The |
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temporary directors shall hold an election to confirm the creation |
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of the district. |
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Sec. 8013.004. CONSENT OF CITY REQUIRED; ENFORCEABILITY OF |
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CONSENT AGREEMENT. (a) The temporary directors may not hold an |
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election under Section 8013.003 until the city has consented by |
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ordinance or resolution to the creation of the district and to the |
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inclusion of land in the district. |
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(b) If the city does not consent to the creation of the |
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district under this section before September 1, 2018: |
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(1) the district is dissolved September 1, 2018, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to the city or another local |
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governmental entity to be used for a public purpose; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2018. |
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Sec. 8013.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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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; |
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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; and |
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(3) Section 52-a, Article III, Texas Constitution. |
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(c) By creating the district and in authorizing the city, |
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the county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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Sec. 8013.006. 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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Sec. 8013.007. ELIGIBILITY FOR INCLUSION IN TAX ABATEMENT |
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REINVESTMENT ZONE. All or any part of the area of the district is |
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eligible to be included in a tax abatement reinvestment zone under |
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Chapter 312, Tax Code. |
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Sec. 8013.008. REQUIREMENT FOR AFFORDABLE HOUSING. (a) In |
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this section, "affordable housing" means housing for which the |
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monthly mortgage payment or contract rent does not exceed 30 |
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percent of the applicable area median family income. |
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(b) Not less than 25 percent of non-rental residential units |
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developed on the real property in the district must be deed |
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restricted for sale to low-income households as affordable housing. |
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Of that 25 percent, one-third shall be reserved for: |
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(1) individuals or families with incomes at or below |
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80 percent of the area median family income; |
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(2) individuals or families with incomes at or below |
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60 percent of the area median family income; and |
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(3) individuals or families with incomes at or below |
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40 percent of the area median family income. |
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(c) Not less than 25 percent of rental residential units |
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developed on the real property in the district must be deed |
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restricted for rent by low-income households as affordable housing. |
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Of that 25 percent, one-third shall be reserved for: |
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(1) individuals or families with incomes at or below |
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80 percent of the area median family income; |
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(2) individuals or families with incomes at or below |
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60 percent of the area median family income; and |
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(3) individuals or families with incomes at or below |
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40 percent of the area median family income. |
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(d) If the deed restrictions imposed under this section are |
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for a term of years, the deed restrictions shall renew |
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automatically. |
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(e) Affordable housing units reserved under this section |
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must be reserved in the same proportion of the type and size of |
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units that are offered in the residential development as a whole. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8013.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors who serve staggered terms of |
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four years, with two or three directors' terms expiring June 1 of |
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each odd-numbered year. |
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(b) A director may not serve more than two full terms of four |
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years. |
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Sec. 8013.052. APPOINTMENT OF DIRECTORS. (a) Except as |
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provided by Subsection (c), the members of the governing body of the |
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city shall appoint the directors. Four of the five directors must |
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be appointed from persons recommended by the board. |
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(b) A person is appointed if a majority of the members of the |
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governing body vote to appoint the person. |
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(c) Beginning on January 1, 2047, the members of the |
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governing body of the city may appoint all of the directors without |
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the recommendation of the board. This subsection applies only to a |
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director whose term expires on or after January 1, 2047. |
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Sec. 8013.053. QUALIFICATIONS. A person recommended by the |
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board must: |
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(1) reside in the district; or |
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(2) own real property in the district. |
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Sec. 8013.054. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Jeff Frank; |
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(2) Gordon Westergren; |
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(3) Steve Soward; |
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(4) Clint Walker; and |
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(5) Rob Riviere. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are appointed under |
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Section 8013.052; or |
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(2) September 1, 2021. |
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(c) Section 8013.053 does not apply to this section. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8013.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8013.102. 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. 8013.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8013.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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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. 8013.105. COMPLIANCE WITH MUNICIPAL CONSENT |
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AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The district shall |
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comply with all applicable requirements of any ordinance or |
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resolution that is adopted under Section 54.016 or 54.0165, Water |
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Code, and that consents to the creation of the district or to the |
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inclusion of land in the district. |
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(b) Any agreement between the district and the city related |
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to the city's consent to the creation of the district is valid and |
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enforceable. |
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(c) On the issuance of bonds, the district is considered to |
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have acknowledged and consented to the exercise of the city's |
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authority as to actions taken by the city under Section 54.016(g), |
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Water Code. |
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Sec. 8013.106. CONTRACT TO FURTHER REGIONAL COOPERATION. |
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The district and city may contract on terms that the board and |
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governing body of the city agree will further regional cooperation |
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between the district and city. |
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Sec. 8013.107. ECONOMIC DEVELOPMENT. (a) Before |
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exercising a power under this section, the district must obtain the |
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city's consent. |
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(b) The district may engage in activities that accomplish |
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the economic development purposes of the district. |
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(c) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(d) The district may create economic development programs |
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and exercise the economic development powers that Chapter 380, |
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Local Government Code, provides to a municipality. |
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Sec. 8013.108. MASS GRADING AND IMPROVEMENTS TO LAND IN THE |
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DISTRICT. The district may construct, acquire, improve, maintain, |
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finance, or operate a facility or improvement related to reclaiming |
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or grading land in the district. |
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Sec. 8013.109. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 8013.151. DIVISION OF DISTRICT; PREREQUISITES. The |
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district may be divided into two or more new districts only if the |
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district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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Sec. 8013.152. LAW APPLICABLE TO NEW DISTRICT. This |
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chapter applies to any new district created by division of the |
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district, and a new district has all the powers and duties of the |
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district. |
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Sec. 8013.153. LIMITATION ON AREA OF NEW DISTRICT. A new |
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district created by the division of the district may not, at the |
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time the new district is created, contain any land outside the area |
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described by Section 2 of the Act enacting this chapter. |
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Sec. 8013.154. CONSENT OF MUNICIPALITY OR COUNTY. (a) If |
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the district is located wholly or partly in the corporate limits or |
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the extraterritorial jurisdiction of a municipality, the district |
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may not divide under this subchapter unless the municipality by |
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resolution or ordinance first consents to the division of the |
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district. |
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(b) If the district is not located wholly or partly in the |
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corporate limits or the extraterritorial jurisdiction of a |
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municipality, the district may not divide under this subchapter |
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unless the commissioners court of each county in which the district |
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is wholly or partly located first adopts a resolution or order in |
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support of the division of the district. |
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Sec. 8013.155. DIVISION PROCEDURES. (a) The board, on its |
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own motion or on receipt of a petition signed by 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 adopt an order dividing the district. |
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(b) 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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8013.003 to confirm the district's creation. |
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(c) An order dividing the district must: |
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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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(d) 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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Sec. 8013.156. TAX OR BOND ELECTION. Before a new district |
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created by the division of the district may impose a sales and use |
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tax or an operation and maintenance tax or issue bonds payable |
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wholly or partly from ad valorem taxes, the new district must hold |
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an election as required by this chapter. |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 8013.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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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 8013.203. |
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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. 8013.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8013.201, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water 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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(c) If required by an agreement between the district and |
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city under Section 8013.106, the total ad valorem tax rate of the |
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district may not be less than the total ad valorem tax rate of the |
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city. |
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Sec. 8013.203. 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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Sec. 8013.204. APPROVAL BY CITY OF CAPITAL IMPROVEMENTS |
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BUDGET. If the district obtains approval from the city's governing |
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body of a capital improvements budget for a period not to exceed 10 |
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years, the district may finance the capital improvements and issue |
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bonds specified in the budget without further approval from the |
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city. |
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SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
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Sec. 8013.251. 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, sales and use taxes, hotel occupancy taxes, contract |
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payments, grants, or other district money, or any combination of |
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those sources, to pay for any authorized district purpose, except |
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for bonds or other obligations payable wholly or partly from hotel |
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occupancy taxes, which may only be used to pay for an authorized use |
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of hotel occupancy tax revenue under Chapter 351, Tax Code. |
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Sec. 8013.252. 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. 8013.253. 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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Sec. 8013.254. BONDS FOR RECREATIONAL FACILITIES. The |
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limitation on the outstanding principal amount of bonds, notes, and |
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other obligations provided by Section 49.4645, Water Code, does not apply to the district. |
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SUBCHAPTER G. SALES AND USE TAX |
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Sec. 8013.301. APPLICABILITY OF CERTAIN TAX CODE |
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PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, |
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computation, administration, enforcement, and collection of the |
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sales and use tax authorized by this subchapter except to the extent |
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Chapter 321, Tax Code, is inconsistent with this chapter. |
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(b) A reference in Chapter 321, Tax Code, to a municipality |
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or the governing body of a municipality is a reference to the |
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district or the board, respectively. |
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Sec. 8013.302. ELECTION; ADOPTION OF TAX. (a) The district |
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may adopt a sales and use tax if: |
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(1) the city consents to the adoption of the tax; and |
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(2) the tax is authorized by a majority of the voters |
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of the district voting at an election held for that purpose. |
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(b) Subject to city consent under Subsection (a), the board |
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by order may call an election to authorize the adoption of the sales |
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and use tax. The election may be held on any uniform election date |
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and in conjunction with any other district election. |
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(c) The district shall provide notice of the election and |
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shall hold the election in the manner prescribed by Section |
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8013.201. |
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(d) The ballot shall be printed to provide for voting for or |
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against the proposition: "Authorization of a sales and use tax in |
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the (insert name of district or name of new district created under |
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Subchapter D) at a rate not to exceed ____ percent" (insert rate of |
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one or more increments of one-eighth of one percent). |
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Sec. 8013.303. SALES AND USE TAX RATE. (a) Not later than |
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the 10th day after the date the results are declared of an election |
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held under Section 8013.302, at which the voters approved |
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imposition of the tax authorized by this subchapter, the board |
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shall determine the initial rate of the tax, which must be in one or |
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more increments of one-eighth of one percent. |
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(b) After the election held under Section 8013.302, the |
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board may decrease the rate of the tax by one or more increments of |
|
one-eighth of one percent. The board may not decrease the rate of |
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the tax if the decrease would impair the repayment of any |
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outstanding debt or obligation payable from the tax. |
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(c) The rate of the tax may not exceed the lesser of: |
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(1) the maximum rate authorized by the district voters |
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at the election held under Section 8013.302; or |
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(2) a rate that, when added to the rates of all sales |
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and use taxes imposed by other political subdivisions with |
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territory in the district, would result in the maximum combined |
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rate prescribed by Section 321.101(f), Tax Code, at any location in |
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the district. |
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(d) The board shall notify the comptroller of any changes |
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made to the tax rate in the same manner the municipal secretary |
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provides notice to the comptroller under Section 321.405(b), Tax |
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Code. |
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Sec. 8013.304. USE OF REVENUE. Revenue from the sales and |
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use tax imposed under this subchapter is for the use and benefit of |
|
the district and may be used for any district purpose. The district |
|
may pledge all or part of the revenue to the payment of bonds, |
|
notes, or other obligations, and that pledge of revenue may be in |
|
combination with other revenue, including tax revenue, available to |
|
the district. |
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Sec. 8013.305. ABOLITION OF TAX. (a) The board may abolish |
|
the tax imposed under this subchapter without an election. |
|
(b) If the board abolishes the tax, the board shall notify |
|
the comptroller of that action in the same manner the municipal |
|
secretary provides notice to the comptroller under Section |
|
321.405(b), Tax Code. |
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(c) If the board abolishes the tax or decreases the tax rate |
|
to zero, a new election to authorize a sales and use tax must be held |
|
under Section 8013.302 before the district may subsequently impose |
|
the tax. |
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SUBCHAPTER H. HOTEL OCCUPANCY TAX |
|
Sec. 8013.351. DEFINITION. In this subchapter, "hotel" has |
|
the meaning assigned by Section 156.001, Tax Code. |
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Sec. 8013.352. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) In this subchapter: |
|
(1) a reference in Subchapter A, Chapter 352, Tax |
|
Code, to a county is a reference to the district; and |
|
(2) a reference in Subchapter A, Chapter 352, Tax |
|
Code, to the commissioners court is a reference to the board. |
|
(b) Except as inconsistent with this subchapter, Subchapter |
|
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized |
|
by this subchapter, including the collection of the tax, subject to |
|
the limitations prescribed by Sections 352.002(b) and (c), Tax |
|
Code. |
|
Sec. 8013.353. TAX AUTHORIZED; USE OF REVENUE. (a) The |
|
district may not impose a hotel occupancy tax unless the city |
|
consents to the imposition. |
|
(b) The district may impose the hotel occupancy tax for: |
|
(1) any purpose authorized under Chapter 351, Tax |
|
Code; or |
|
(2) the construction, operation, or maintenance of a |
|
sports-related facility of the district if the city is authorized |
|
to impose the tax under Section 351.002, Tax Code, for that purpose |
|
that: |
|
(A) has a notable impact on tourism and hotel |
|
activity; and |
|
(B) is available to the public. |
|
Sec. 8013.354. TAX RATE. The amount of the hotel occupancy |
|
tax may not exceed seven percent of the price paid for a room in a |
|
hotel. |
|
Sec. 8013.355. INFORMATION. The district may examine and |
|
receive information related to the imposition of hotel occupancy |
|
taxes to the same extent as if the district were a county. |
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SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION |
|
Sec. 8013.401. APPLICABILITY OF LAW ON ANNEXATION OF |
|
DISTRICT. (a) The district is a "water or sewer district" for the |
|
purposes of Section 43.071, Local Government Code. |
|
(b) Sections 43.0561 and 43.0562, Local Government Code, do |
|
not apply to the annexation of the district. |
|
Sec. 8013.402. APPLICABILITY OF LAW ON WATER-RELATED |
|
SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE |
|
MUNICIPALITY. Section 43.075, Local Government Code, applies to |
|
the district. |
|
Sec. 8013.403. STRATEGIC PARTNERSHIP; CONTINUATION OF |
|
DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may |
|
continue to exist as a limited district after full-purpose |
|
annexation by a municipality if the district and the annexing |
|
municipality state the terms of the limited district's existence in |
|
a strategic partnership agreement under Section 43.0751, Local |
|
Government Code. |
|
(b) The strategic partnership agreement may provide for an |
|
original or renewed term of any number of years. The limitation in |
|
Section 43.0751(g)(2), Local Government Code, on the length of the |
|
term does not apply to a limited district created under this |
|
section. |
|
Sec. 8013.404. NOTICE OF FUTURE CITY ANNEXATION REQUIRED. |
|
(a) Not later than the 30th day after the date the city consents to |
|
the creation of the district and to the inclusion of land in the |
|
district under Section 8013.004(a), the city shall file, in the |
|
real property records of the county, a notice to a purchaser of real |
|
property in the district that describes: |
|
(1) the city's authority and intention to annex the |
|
district; and |
|
(2) the anticipated date of the annexation. |
|
(b) After the notice is filed, a person who proposes to sell |
|
or otherwise convey real property in the district must provide a |
|
copy of the notice to a purchaser of the property before selling or |
|
conveying the property to the purchaser. |
|
SECTION 2. The Rio de Vida Municipal Utility District No. 1 |
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initially includes all the territory contained in the following |
|
area: |
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ALL THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE REUBEN |
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HORNSBY SURVEY NO. 17, JOSEPH DUTY SURVEY NO. 20 AND THE JOHN |
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BURLESON SURVEY NO. 33, TRAVIS COUNTY, TEXAS; BEING ALL OF THE |
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FOLLOWING TRACTS OF LAND AS CONVEYED TO TXI OPERATIONS, L.P. BY |
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DEEDS RECORDED IN THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, |
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TEXAS: A 353.08-ACRE TRACT (TO BE KNOWN AS PARCEL 01-1) AND A |
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65.12-ACRE TRACT (TO BE KNOWN AS PARCEL 01-2) IN VOLUME 12448, PAGE |
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737 AND VOLUME 13170, PAGE 656; A 65.12-ACRE TRACT (TO BE KNOWN AS |
|
PARCEL 01-2) IN VOLUME 13170, PAGE 656; A 102.188-ACRE TRACT |
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(PARCEL NO. 1) (TO BE KNOWN AS PARCEL 02-1), A 29.008-ACRE TRACT |
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(PARCEL NO. 2) (TO BE KNOWN AS PARCEL 02-2) AND A 10.743-ACRE TRACT |
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(PARCEL NO. 3) (TO BE KNOWN AS PARCEL 02-3) IN VOLUME 12593, PAGE |
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2001; A 22.911-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 04-1) IN |
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VOLUME 11985, PAGE 1238 AND VOLUME 13170, PAGE 656; A 19.253-ACRE |
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TRACT (PARCEL 3) (TO BE KNOWN AS PARCEL 05-1), A 4.591-ACRE TRACT |
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(PARCEL 1) (TO BE KNOWN AS PARCEL 06-1) AND A 16.931-ACRE TRACT |
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(PARCEL 2) (TO BE KNOWN AS PARCEL 06-2) IN VOLUME 13304, PAGE 3306; |
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A 52.487-ACRE TRACT (TO BE KNOWN AS PARCEL 08-1) IN VOLUME 13088, |
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PAGE 429; A PORTION OF A 6.605-ACRE TRACT (TRACT 1) (TO BE KNOWN AS |
|
PARCEL 08-2) AND A 5.411-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL |
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12-1) IN VOLUME 13088, PAGE 421; A 51.32-ACRE TRACT (TO BE KNOWN AS |
|
PARCEL 10-1) IN VOLUME 12703, PAGE 411 AND VOLUME 13170, PAGE 656; A |
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6.262-ACRE TRACT (TO BE KNOWN AS PARCEL 11-1) IN VOLUME 12835, PAGE |
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1489; A 22.967-ACRE TRACT (TO BE KNOWN AS PARCEL 13-1) IN VOLUME |
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9872, PAGE 77 AND VOLUME 13170, PAGE 656; A 14.272-ACRE TRACT (TRACT |
|
8) (TO BE KNOWN AS PARCEL 14-1), A 21.100-ACRE TRACT (TRACT 9) (TO |
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BE KNOWN AS PARCEL 15-1), A 32.738-ACRE TRACT (TRACT 17) (TO BE |
|
KNOWN AS PARCEL 17-1), A 8.051-ACRE TRACT (TRACT 12) (TO BE KNOWN AS |
|
PARCEL 18-1), A 9.744-ACRE TRACT (TRACT 13) (TO BE KNOWN AS PARCEL |
|
18-2), A 9.752-ACRE TRACT (TRACT 14) (TO BE KNOWN AS PARCEL 18-3), A |
|
15.981-ACRE TRACT (TRACT 15) (TO BE KNOWN AS PARCEL 18-4), A |
|
19.127-ACRE TRACT (TRACT 16) (TO BE KNOWN AS PARCEL 18-5), A |
|
10.274-ACRE TRACT (TRACT 10) (TO BE KNOWN AS PARCEL 21-1), A |
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9.825-ACRE TRACT (TRACT 11) (TO BE KNOWN AS PARCEL 21-2), A PORTION |
|
OF A 44.586-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 23-1), A |
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PORTION OF A 15.959-ACRE TRACT (TRACT 7) (TO BE KNOWN AS PARCEL |
|
23-2), A PORTION OF A 15.946-ACRE TRACT (TRACT 6) (TO BE KNOWN AS |
|
PARCEL 23-3) AND A PORTION OF A 14.135-ACRE TRACT (TRACT 3) (TO BE |
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KNOWN AS PARCEL 28-1) IN VOLUME 12326, PAGE 1154 AND VOLUME 13170, |
|
PAGE 656; A 30.531-ACRE TRACT (TO BE KNOWN AS PARCEL 16-1) IN VOLUME |
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10967, PAGE 1219 AND VOLUME 13170, PAGE 656; A 30.531-ACRE TRACT (TO |
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BE KNOWN AS PARCEL 16-1) IN VOLUME 10967, PAGE 1219 AND VOLUME |
|
13170, PAGE 656; A 45.874-ACRE TRACT (TO BE KNOWN AS PARCEL 19-1) IN |
|
VOLUME 12270, PAGE 1633 AND VOLUME 13170, PAGE 656; A 13.853-ACRE |
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TRACT (TO BE KNOWN AS PARCEL 20-1) IN VOLUME 12326, PAGE 1149 AND |
|
VOLUME 13170, PAGE 656; A PORTION OF A 32.403-ACRE TRACT (TRACT 4) |
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(TO BE KNOWN AS PARCEL 22-1) AND A PORTION OF A 50.388-ACRE TRACT |
|
(TRACT 1) (TO BE KNOWN AS PARCEL 28-2) IN VOLUME 12326, PAGE 1109 |
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AND VOLUME 13170, PAGE 656; AND A 83.838-ACRE TRACT (TO BE KNOWN AS |
|
PARCEL 27-1) IN VOLUME 11955, PAGE 972 AND VOLUME 13170, PAGE 656; |
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AND ALSO BEING ALL OF THE FOLLOWING TRACTS OF LAND AS CONVEYED TO |
|
TXI OPERATIONS, L.P. BY DEEDS RECORDED IN THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY, TEXAS: A 49.994-ACRE TRACT (TRACT 1) (TO |
|
BE KNOWN AS PARCEL 03-1), A PORTION OF A 85.957-ACRE TRACT (TRACT 2) |
|
(TO BE KNOWN AS PARCEL 03-2), A PORTION OF A 41.043-ACRE TRACT |
|
(TRACT 3) (TO BE KNOWN AS PARCEL 03-3), A 69.542-ACRE TRACT (TRACT |
|
4) (TO BE KNOWN AS PARCEL 03-4), A 55.299-ACRE TRACT (TRACT 5) (TO |
|
BE KNOWN AS PARCEL 03-5), A PORTION OF A 33.214-ACRE TRACT (TO BE |
|
KNOWN AS PARCEL 03-6) AND A 39.355-ACRE TRACT (TRACT 6) (TO BE KNOWN |
|
AS PARCEL 03-7) IN DOCUMENT NO. 1999152526; A 223.497-ACRE TRACT |
|
(TO BE KNOWN AS PARCEL 07-1) IN DOCUMENT NO. 2005002939; A |
|
194.824-ACRE TRACT (TRACT A) (TO BE KNOWN AS PARCEL 09-1) AND A |
|
67.418-ACRE TRACT (TRACT B) (TO BE KNOWN AS PARCEL 09-2) IN DOCUMENT |
|
NO. 2005007841; PORTIONS OF A 101.697-ACRE TRACT (TRACT 1) AND A |
|
14.054-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 24-1) IN DOCUMENT |
|
NO. 1999148757; A 39.462-ACRE TRACT (TO BE KNOWN AS PARCEL 25-1) IN |
|
DOCUMENT NO. 2006133198; AND A 33.35-ACRE TRACT (TO BE KNOWN AS |
|
PARCEL 26-1) IN DOCUMENT NO. 2005007845; AND BEING MORE |
|
PARTICULARLY DESCRIBED IN FIVE (5) TRACTS BY METES AND BOUNDS AS |
|
FOLLOWS: |
|
TRACT 1 |
|
BEGINNING at a calculated point at the intersection of the |
|
north bank of the Colorado River and the east right-of-way line of |
|
State Highway No. 130, at the southwest corner of the |
|
above-described Parcel 09-1, for the southwest corner and POINT OF |
|
BEGINNING of the herein described tract; |
|
THENCE, with the east right-of-way line of said State Highway |
|
No. 130, the following seven (7) courses: |
|
1) N08°37'24"W a distance of 537.28 feet to a calculated |
|
angle point; |
|
2) N01°34'38"W a distance of 3,468.10 feet to a calculated |
|
angle point; |
|
3) N59°15'05"E a distance of 166.15 feet to a calculated |
|
angle point; |
|
4) N08°13'09"E a distance of 547.29 feet to a calculated |
|
angle point; |
|
5) N52°30'09"W a distance of 138.99 feet to a calculated |
|
non-tangent point of curvature of a curve to the right; |
|
6) Along said curve to the right an arc distance of 1,274.92 |
|
feet, having a radius of 3,458.72 feet, and a chord which bears |
|
N19°25'33"E a distance of 1,267.71 feet to a calculated point of |
|
tangency; and |
|
7) N29°59'08"E a distance of 421.69 feet to a calculated |
|
point at the northwest corner of said Parcel 09-1; |
|
THENCE, with the north line of said Parcel 09-1, the |
|
following three (3) courses: |
|
1) S60°37'51"E a distance of 116.20 feet to a to a calculated |
|
point; |
|
2) N29°22'09"E a distance of 83.70 feet to a calculated |
|
point; and |
|
3) S60°41'35"E a distance of 416.71 feet to a calculated |
|
point on the west line of the above-described Parcel 01-1 at the |
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most northerly northeast corner of said Parcel 09-1; |
|
THENCE, with the west line of said Parcel 01-1, the following |
|
five (5) courses: |
|
1) N27°20'56"E a distance of 39.85 feet to a calculated angle |
|
point; |
|
2) N49°43'26"E a distance of 65.85 feet to a calculated angle |
|
point; |
|
3) N27°21'16"E a distance of 619.40 feet to a calculated |
|
point at an inside corner of said Parcel 01-1; |
|
4) N62°38'24"W a distance of 5.00 feet to a calculated point |
|
at an outside corner of said Parcel 01-1; and |
|
5) N27°21'36"E a distance of 617.35 feet to a calculated |
|
point on the south line of the above-described Parcel 16-1 at the |
|
northwest corner of said Parcel 01-1; |
|
THENCE N62°22'51"W a distance of 40.60 feet to a calculated |
|
point on the east line of the above-described Parcel 23-1; |
|
THENCE, with the east line of said Parcel 23-1, the following |
|
four (4) courses: |
|
1) S27°22'35"W a distance of 618.29 feet to a calculated |
|
point for an outside corner of said Parcel 23-1; |
|
2) N62°37'49"W a distance of 5.00 feet to a calculated point |
|
for an inside corner of said Parcel 23-1; |
|
3) S27°22'11"W a distance of 618.51 feet to a calculated |
|
angle point; and |
|
4) S73°40'29"W a distance of 69.55 feet to a calculated point |
|
at the southeast corner of said Parcel 23-1; |
|
THENCE, with the south line of said Parcel 23-1, N60°41'02"W a |
|
distance of 339.91 feet to a calculated point on the east |
|
right-of-way line of State Highway No. 130 at the southwest corner |
|
of said Parcel 23-1; |
|
THENCE, with the east right-of-way line of said State Highway |
|
No. 130, the following three (3) courses: |
|
1) N30°02'29"E a distance of 1,101.68 feet to a calculated |
|
angle point; |
|
2) N20°27'12"E a distance of 2,012.40 feet to a calculated |
|
angle point; and |
|
3) N27°27'12"E a distance of 432.97 feet to a calculated |
|
point at the northwest corner of the above-described Parcel 23-3; |
|
THENCE, with the north line of said Parcel 23-3, S62°04'21"E a |
|
distance of 608.26 feet to a calculated point on the west line of |
|
the above-described Parcel 14-1 at the northeast corner of said |
|
Parcel 23-3; |
|
THENCE, with the west line of said Parcel 14-1, N27°45'52"E a |
|
distance of 393.68 feet to a calculated point at the northwest |
|
corner of said Parcel 14-1, also being the most westerly southwest |
|
corner of the above-described Parcel 01-2; |
|
THENCE, with the west line of said Parcel 01-2, N28°07'17"E a |
|
distance of 224.92 feet to a calculated point at the southeast |
|
corner of the above-described Parcel 24-1; |
|
THENCE, with the south line of said Parcel 24-1, N62°34'20"W a |
|
distance of 613.00 feet to a calculated point on the east |
|
right-of-way line of said State Highway No. 130 at the southwest |
|
corner of said Parcel 24-1; |
|
THENCE, with the east right-of-way line of said State Highway |
|
No. 130, the following nine (9) courses: |
|
1) N27°27'12"E a distance of 1,672.04 feet to a calculated |
|
angle point; |
|
2) N32°27'12"E a distance of 1,894.71 feet to a calculated |
|
angle point; |
|
3) N29°36'58"E a distance of 516.40 feet to a calculated |
|
point; |
|
4) S61°16'47"E a distance of 91.29 feet to a calculated |
|
point; |
|
5) N33°24'29"E a distance of 576.93 feet to a calculated |
|
point; |
|
6) N61°16'47"W a distance of 126.37 feet to a calculated |
|
point; |
|
7) N26°30'22"E a distance of 430.28 feet to a calculated |
|
point; |
|
8) N61°16'47"W a distance of 56.58 feet to a calculated |
|
point; and |
|
9) N27°27'30"E a distance of 956.84 feet to a calculated |
|
point at the intersection with the south right-of-way line of FM |
|
Highway No. 969, also being the northwest corner of said Parcel |
|
24-1; |
|
THENCE, with the south right-of-way line of said FM Highway |
|
No. 969, the following six (6) courses: |
|
1) S64°07'08"E a distance of 395.49 feet to a calculated |
|
point; |
|
2) S22°48'20"W a distance of 61.04 feet to a calculated |
|
point; |
|
3) S67°11'40"E a distance of 110.00 feet to a calculated |
|
point; |
|
4) N22°48'20"E a distance of 60.54 feet to a calculated |
|
point; |
|
5) S77°33'00"E a distance of 201.73 feet to a calculated |
|
angle point; and |
|
6) S65°03'31"E a distance of 381.97 feet to a calculated |
|
point at the northeast corner of the above-described Parcel 08-2; |
|
THENCE, with the east line of said Parcel 08-2, S12°49'01"W a |
|
distance of 1,365.75 feet to a calculated point at an inside corner |
|
of the above-described Parcel 02-1; |
|
THENCE, with the north line of said Parcel 02-1, S62°34'57"E a |
|
distance of 947.19 feet to a calculated point at the most easterly |
|
northeast corner of said Parcel 02-1; |
|
THENCE, with the east line of said Parcel 02-1, S27°12'42"W a |
|
distance of 1,350.79 feet to a calculated angle point; |
|
THENCE, continuing with the east line of said Parcel 02-1, |
|
S27°42'57"W a distance of 1,658.43 feet to a calculated point at the |
|
northeast corner of said Parcel 01-2; |
|
THENCE, with the east line of said Parcel 01-2, S27°36'56"W a |
|
distance of 1,486.26 feet to a calculated point at an outside corner |
|
of said Parcel 01-2 on the north line of the above-described Parcel |
|
04-1; |
|
THENCE, with the north line of said Parcel 04-1, S62°13'13"E a |
|
distance of 697.01 feet to a calculated point at the northeast |
|
corner of said Parcel 04-1, also being the northwest corner of the |
|
above-described Parcel 19-1; |
|
THENCE, with the north line of said Parcel 19-1, S62°14'53"E a |
|
distance of 461.49 feet to a calculated point at the southwest |
|
corner of the above-described Parcel 10-1; |
|
THENCE, with the west line of said Parcel 10-1, N27°49'54"E a |
|
distance of 3,150.15 feet to a calculated point at the northwest |
|
corner of said Parcel 10-1; |
|
THENCE, with the north line of said Parcel 10-1, S62°43'06"E a |
|
distance of 710.22 feet to a calculated point at the northeast |
|
corner of said Parcel 10-1; |
|
THENCE, with the east line of said Parcel 10-1, S27°52'34"W a |
|
distance of 3,156.02 feet to a calculated point at the southeast |
|
corner of said Parcel 10-1, also being the northwest corner of the |
|
above-described Parcel 06-1; |
|
THENCE, with the north line of said Parcel 06-1, S61°04'03"E a |
|
distance of 289.04 feet to a calculated point at the northwest |
|
corner of the above-described Parcel 12-1; |
|
THENCE, with the north line of said Parcel 12-1, S63°22'55"E a |
|
distance of 457.28 feet to a calculated point at the northwest |
|
corner of the above-described Parcel 06-2; |
|
THENCE, with the north line of said Parcel 06-2, S64°42'36"E a |
|
distance of 378.00 feet to a calculated point at the northwest |
|
corner of the above-described Parcel 20-1; |
|
THENCE, with the north line of said Parcel 20-1, S70°09'59"E a |
|
distance of 400.67 feet to a calculated point at the northwest |
|
corner of the above-described Parcel 02-3; |
|
THENCE, with the north line of said Parcel 02-3, the |
|
following three (3) courses: |
|
1) S67°05'07"E a distance of 104.58 feet to a calculated |
|
angle point; |
|
2) S53°35'54"E a distance of 105.83 feet to a calculated |
|
angle point; and |
|
3) S55°41'48"E a distance of 206.91 feet to a calculated |
|
point at the northeast corner of said Parcel 02-3; |
|
THENCE, with the east line of said Parcel 02-3, S28°01'49"W a |
|
distance of 899.00 feet to a calculated point on the north bank of |
|
the Colorado River at the southeast corner of said Parcel 02-3; |
|
THENCE, with the meanders of the north bank of the Colorado |
|
River, the following fifty-nine (59) courses: |
|
1) S78°57'26"W a distance of 265.40 feet to a calculated |
|
point; |
|
2) S58°33'04"W a distance of 403.36 feet to a calculated |
|
point; |
|
3) S27°53'07"W a distance of 24.17 feet to a calculated |
|
point; |
|
4) S73°19'34"W a distance of 179.78 feet to a calculated |
|
point; |
|
5) S80°40'33"W a distance of 284.45 feet to a calculated |
|
point; |
|
6) N26°28'28"E a distance of 20.96 feet to a calculated |
|
point; |
|
7) S75°36'26"W a distance of 293.31 feet to a calculated |
|
point; |
|
8) S86°20'34"W a distance of 84.16 feet to a calculated |
|
point; |
|
9) S79°42'18"W a distance of 141.79 feet to a calculated |
|
point; |
|
10) S27°00'43"W a distance of 26.90 feet to a calculated |
|
point; |
|
11) S78°05'41"W a distance of 99.68 feet to a calculated |
|
point; |
|
12) S71°38'12"W a distance of 426.53 feet to a calculated |
|
point; |
|
13) S58°35'29"W a distance of 276.51 feet to a calculated |
|
point; |
|
14) S24°20'35"W a distance of 359.58 feet to a calculated |
|
point; |
|
15) S08°24'01"W a distance of 300.61 feet to a calculated |
|
point; |
|
16) S07°37'34"E a distance of 185.37 feet to a calculated |
|
point; |
|
17) S02°25'49"E a distance of 59.41 feet to a calculated |
|
point; |
|
18) S01°21'36"W a distance of 38.60 feet to a calculated |
|
point; |
|
19) S08°00'24"E a distance of 41.40 feet to a calculated |
|
point; |
|
20) S09°09'36"W a distance of 373.90 feet to a calculated |
|
point; |
|
21) S31°59'36"W a distance of 107.30 feet to a calculated |
|
point; |
|
22) S18°00'36"W a distance of 293.50 feet to a calculated |
|
point; |
|
23) S30°25'36"W a distance of 112.00 feet to a calculated |
|
point; |
|
24) S10°51'36"W a distance of 634.90 feet to a calculated |
|
point; |
|
25) S02°34'36"W a distance of 30.70 feet to a calculated |
|
point; |
|
26) S59°28'24"E a distance of 57.10 feet to a calculated |
|
point; |
|
27) S03°40'24"E a distance of 310.40 feet to a calculated |
|
point; |
|
28) S16°21'36"W a distance of 278.50 feet to a calculated |
|
point; |
|
29) S17°53'36"W a distance of 322.40 feet to a calculated |
|
point; |
|
30) S32°29'36"W a distance of 792.30 feet to a calculated |
|
point; |
|
31) S18°11'36"W a distance of 184.90 feet to a calculated |
|
point; |
|
32) N63°10'34"W a distance of 44.96 feet to a calculated |
|
point; |
|
33) S19°04'38"W a distance of 21.49 feet to a calculated |
|
point; |
|
34) S27°17'38"W a distance of 190.50 feet to a calculated |
|
point; |
|
35) S23°12'38"W a distance of 266.20 feet to a calculated |
|
point; |
|
36) S33°52'38"W a distance of 191.10 feet to a calculated |
|
point; |
|
37) S61°12'38"W a distance of 280.40 feet to a calculated |
|
point; |
|
38) S63°15'38"W a distance of 345.10 feet to a calculated |
|
point; |
|
39) S72°35'38"W a distance of 285.20 feet to a calculated |
|
point; |
|
40) N85°31'22"W a distance of 165.00 feet to a calculated |
|
point; |
|
41) N72°50'22"W a distance of 150.00 feet to a calculated |
|
point; |
|
42) N10°15'22"W a distance of 135.80 feet to a calculated |
|
point; |
|
43) N04°17'22"W a distance of 37.00 feet to a calculated |
|
point; |
|
44) N38°51'22"W a distance of 391.50 feet to a calculated |
|
point; |
|
45) N12°14'22"W a distance of 40.00 feet to a calculated |
|
point; |
|
46) N07°15'38"E a distance of 183.00 feet to a calculated |
|
point; |
|
47) S47°45'38"W a distance of 386.10 feet to a calculated |
|
point; |
|
48) S75°54'39"W a distance of 102.43 feet to a calculated |
|
point; |
|
49) S71°46'05"W a distance of 154.03 feet to a calculated |
|
point; |
|
50) S65°38'42"W a distance of 430.32 feet to a calculated |
|
point; |
|
51) S49°58'20"W a distance of 207.45 feet to a calculated |
|
point; |
|
52) S47°30'01"W a distance of 581.94 feet to a calculated |
|
point; |
|
53) S58°05'16"W a distance of 199.26 feet to a calculated |
|
point; |
|
54) S55°02'26"W a distance of 168.25 feet to a calculated |
|
point; |
|
55) S66°49'36"W a distance of 424.33 feet to a calculated |
|
point; |
|
56) S70°27'05"W a distance of 178.44 feet to a calculated |
|
point; |
|
57) S73°49'29"W a distance of 103.82 feet to a calculated |
|
point; |
|
58) S85°43'30"W a distance of 78.52 feet to a calculated |
|
point; and |
|
59) S78°29'14"W a distance of 59.80 feet to the POINT OF |
|
BEGINNING, and containing 1,370 acres of land, more or less. |
|
TRACT 2 |
|
BEGINNING at a calculated point at the intersection of the |
|
north bank of the Colorado River and the west right-of-way line of |
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State Highway No. 130, at the southeast corner of the |
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above-described Parcel 03-2, for the southeast corner and POINT OF |
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BEGINNING of the herein described tract; |
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THENCE, with the meanders of the north bank of the Colorado |
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River, the following twenty-two (22) courses: |
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1) S76°37'38"W a distance of 1.87 feet to a calculated point; |
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2) S72°53'53"W a distance of 518.11 feet to a calculated |
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point; |
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3) S75°14'11"W a distance of 517.88 feet to a calculated |
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point; |
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4) S70°55'05"W a distance of 289.38 feet to a calculated |
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point; |
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5) S81°58'40"W a distance of 118.79 feet to a calculated |
|
point; |
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6) S63°21'33"W a distance of 277.07 feet to a calculated |
|
point; |
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7) S49°47'25"W a distance of 47.81 feet to a calculated |
|
point; |
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8) S64°43'53"W a distance of 353.97 feet to a calculated |
|
point; |
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9) S62°39'35"W a distance of 626.81 feet to a calculated |
|
point; |
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10) S72°28'38"W a distance of 203.07 feet to a calculated |
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point; |
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11) S85°12'41"W a distance of 191.20 feet to a calculated |
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point; |
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12) N89°48'48"W a distance of 82.77 feet to a calculated |
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point; |
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13) N83°17'50"W a distance of 141.54 feet to a calculated |
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point; |
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14) N83°16'30"W a distance of 332.35 feet to a calculated |
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point; |
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15) N72°21'14"W a distance of 159.08 feet to a calculated |
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point; |
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16) N80°26'48"W a distance of 189.39 feet to a calculated |
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point; |
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17) N79°57'59"W a distance of 91.38 feet to a calculated |
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point; |
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18) S85°50'53"W a distance of 69.91 feet to a calculated |
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point; |
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19) N78°28'45"W a distance of 123.84 feet to a calculated |
|
point; |
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20) N68°18'10"W a distance of 159.21 feet to a calculated |
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point; |
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21) N80°39'08"W a distance of 135.80 feet to a calculated |
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point; and |
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22) S78°59'06"W a distance of 43.91 feet to a calculated |
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point at the intersection with the east right-of-way line of FM |
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Highway No. 973, also being the most southerly southwest corner of |
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the above-described Parcel 03-5; |
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THENCE, with the east right-of-way line of said FM Highway |
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No. 973, N10°21'00"E a distance of 147.12 feet to a calculated point |
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of curvature of a curve to the left; |
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THENCE, continuing with the east right-of-way line, along |
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said curve to the left an arc distance of 623.12 feet, having a |
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radius of 622.94 feet, and a chord which bears N18°18'22"W a |
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distance of 597.46 feet to a calculated point at the most westerly |
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southwest corner of said Parcel 03-5; |
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THENCE, with the west line of said Parcel 03-5, N27°38'58"E a |
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distance of 2,173.14 feet to a calculated point at the northwest |
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corner of said Parcel 03-5; |
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THENCE, with the north line of said Parcel 03-5, S62°35'52"E a |
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distance of 953.15 feet to a calculated point in the west line of |
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the above-described Parcel 03-7 at the northeast corner of said |
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Parcel 03-5; |
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THENCE, with the west line of said Parcel 03-7, N27°51'48"E a |
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distance of 830.67 feet to a calculated angle point; |
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THENCE, continuing with the west line of said Parcel 03-7, |
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N27°04'22"E a distance of 660.77 feet to a calculated angle point; |
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THENCE, with the west line of the above-described Parcel |
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03-01, N27°16'45"E a distance of 2,498.68 feet to a calculated point |
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at the northwest corner of said Parcel 03-1, also being the |
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southwest corner of the above-described Parcel 28-2; |
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THENCE, with the west line of said Parcel 28-2, the following |
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five (5) courses: |
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1) N23°25'44"E a distance of 14.81 feet to a calculated angle |
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point; |
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2) N27°12'18"E a distance of 110.07 feet to a calculated |
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angle point; |
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3) N27°08'13"E a distance of 109.97 feet to a calculated |
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angle point; |
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4) N27°14'30"E a distance of 114.81 feet to a calculated |
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angle point; and |
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5) N27°12'49"E a distance of 7.53 feet to a calculated point |
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at the southeast corner of the above-described Parcel 27-1; |
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THENCE, with the south line of said Parcel 27-1, N62°40'24"W a |
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distance of 1,722.95 feet to a calculated point on the east |
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right-of-way line of FM Highway No. 973 at the southwest corner of |
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said Parcel 27-1; |
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THENCE, with the east right-of-way line of said FM Highway |
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No. 973, N27°14'18"E a distance of 2,115.67 feet to a calculated |
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point at the intersection with the south right-of-way line of |
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Harold Green Road at the northwest corner of said Parcel 27-1; |
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THENCE, with the south right-of-way line of said Harold Green |
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Road, S62°58'47"E a distance of 1,685.22 feet to a calculated angle |
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point; |
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THENCE, continuing with the south right-of-way line of said |
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Harold Green Road, S49°54'08"E a distance of 37.29 feet to a |
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calculated point at the intersection with the west right-of-way |
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line of State Highway No. 130 at the northeast corner of said Parcel |
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27-1; |
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THENCE, with the west right-of-way line of said State Highway |
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No. 130, the following six (6) courses: |
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1) S27°10'40"W a distance of 207.10 feet to a calculated |
|
point at the northwest corner of said Parcel 28-2; |
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2) S60°00'52"E a distance of 291.88 feet to a calculated |
|
point at the northeast corner of said Parcel 28-2; |
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3) S29°59'08"W a distance of 908.52 feet to a calculated |
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angle point; |
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4) S12°44'41"W a distance of 849.11 feet to a calculated |
|
angle point; |
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5) S18°15'23"E a distance of 401.53 feet to a calculated |
|
angle point; and |
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6) S01°34'38"E a distance of 4,793.91 feet to the POINT OF |
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BEGINNING, and containing 446 acres of land, more or less. |
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TRACT 3 |
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BEGINNING at a calculated point on the west right-of-way line |
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of FM Highway No. 973 at the northeast corner of the |
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above-described Parcel 03-4, for the northeast corner and POINT OF |
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BEGINNING of the herein described tract; |
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THENCE, with the west right-of-way line of said FM Highway |
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No. 973, S27°14'18"W a distance of 3,646.01 feet to a calculated |
|
point at the southeast corner of said Parcel 03-4; |
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THENCE, with the south line of said Parcel 03-4, N62°56'53"W a |
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distance of 837.14 feet to a calculated point at the southwest |
|
corner of said Parcel 03-4; |
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THENCE, with the west line of said Parcel 03-4, the following |
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three (3) courses: |
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1) N27°31'25"E a distance of 340.08 feet to a calculated |
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angle point; |
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2) N27°26'49"E a distance of 1,634.23 feet to a calculated |
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angle point; and |
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3) N27°36'28"E a distance of 1,688.35 feet to a calculated |
|
point at the northwest corner of said Parcel 03-4; |
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THENCE, with the north line of said Parcel 03-4, S61°47'25"E a |
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distance of 818.72 feet to the POINT OF BEGINNING, and containing 69 |
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acres of land, more or less. |
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TRACT 4 |
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BEGINNING at a calculated point on the east right-of-way line |
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of FM Highway No. 973 at the northwest corner of the |
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above-described Parcel 11-1, for the most westerly northwest corner |
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and POINT OF BEGINNING of the herein described tract; |
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THENCE, with the north line of said Parcel 11-1, S62°59'56"E a |
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distance of 1,705.04 feet to a calculated point on the west line of |
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the above-described Parcel 22-1 at the northeast corner of said |
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Parcel 11-1; |
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THENCE, with the west line of said Parcel 22-1, N27°24'34"E a |
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distance of 854.85 feet to a calculated point on the west |
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right-of-way line of State Highway No. 130 at the northwest corner |
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of said Parcel 22-1; |
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THENCE, with the west right-of-way line of said State Highway |
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No. 130, the following six (6) courses: |
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1) S62°02'37"E a distance of 70.21 feet to a calculated point |
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at the northeast corner of said Parcel 22-1; |
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2) S12°37'58"W a distance of 1,453.45 feet to a calculated |
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point of curvature of a curve to the right; |
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3) Along said curve to the right an arc distance of 557.08 |
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feet, having a radius of 1813.67 feet, and a chord which bears |
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S22°23'39"W a distance of 554.89 feet to a calculated point of |
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tangency; |
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4) S31°31'30"W a distance of 319.97 feet to a calculated |
|
point at the southeast corner of the above-described Parcel 23-1; |
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5) N87°37'11"W a distance of 71.61 feet to a calculated angle |
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point; and |
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6) N62°35'47"W a distance of 400.24 feet to a calculated |
|
point at the southwest corner of said Parcel 23-1; |
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THENCE, with the west lines of Parcels 23-1, 28-1 and 22-1, |
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N27°24'44"E a distance of 1,293.45 feet to a calculated point at the |
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southeast corner of said Parcel 11-1; |
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THENCE, with the south line of said Parcel 11-1, N62°59'56"W a |
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distance of 1,705.16 feet to a calculated point on the east |
|
right-of-way line of said FM Highway No. 973 at the southwest |
|
corner of said Parcel 11-1; |
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THENCE, with the east right-of-way line of said FM Highway |
|
No. 973, N26°57'04"E a distance of 160.00 feet to the POINT OF |
|
BEGINNING, and containing 24 acres of land, more or less. |
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TRACT 5 |
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BEGINNING at a 1/2" iron rod found on the east right-of-way |
|
line of FM Highway No. 973 at the northwest corner of the |
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above-described Parcel 07-1, for the northwest corner and POINT OF |
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BEGINNING of the herein described tract; |
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THENCE, with the north line of said Parcel 07-1, S63°23'23"E a |
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distance of 1,720.22 feet to a calculated point at the northeast |
|
corner of said Parcel 07-1; |
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THENCE, with the east line of said Parcel 07-1, a portion of |
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said line also being the west right-of-way line of said State |
|
Highway No. 130, S27°27'34"W a distance of 5,047.34 feet to a |
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calculated angle point; |
|
THENCE, continuing with the west right-of-way line of said |
|
State Highway No. 130, S27°52'12"W a distance of 588.10 feet to a |
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calculated point at the southeast corner of said Parcel 07-1; |
|
THENCE, with the south line of said Parcel 07-1, N63°23'09"W a |
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distance of 1,723.19 feet to a 1/2" iron rod found with cap marked |
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"Brooks-Baker" on the east right-of-way line of said FM Highway |
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No. 973 at the southwest corner of said Parcel 07-1; |
|
THENCE, with the east right-of-way line of said FM Highway |
|
No. 973, the following three (3) courses: |
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1) N27°00'51"E a distance of 790.98 feet to a calculated |
|
angle point; |
|
2) N27°35'51"E a distance of 4,186.86 feet to a calculated |
|
angle point; and |
|
3) N27°44'31"E a distance of 657.55 feet to the POINT OF |
|
BEGINNING, and containing 223 acres of land, more or less. |
|
The gross area contained within Tracts 1, 2, 3, 4 and 5 totals |
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2,132 acres of land, more or less. |
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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, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |