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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 Round Rock Municipal Utility |
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District No. 1; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8094 to read as follows: |
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CHAPTER 8094. ROUND ROCK MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8094.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Round Rock Municipal Utility |
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District No. 1. |
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Sec. 8094.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8094.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8094.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8094.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8094.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8094.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8094.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8094.0202, directors |
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serve staggered four-year terms. |
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Sec. 8094.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Mitch Schwartz; |
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(2) Tim Agee; |
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(3) Dwain Halm; |
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(4) Moses Kim; and |
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(5) Steve Tucker. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8094.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8094.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8094.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8094.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8094.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8094.0303. 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. 8094.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8094.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8094.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8094.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8094.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8094.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8094.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8094.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8094.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8094.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Round Rock Municipal Utility District No. 1 |
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initially includes all the territory contained in the following |
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area: |
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TRACT A-1 |
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BEING ALL OF THAT CERTAIN 64.513 ACRE TRACT OF LAND OUT OF AND |
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PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED IN |
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WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS BEING |
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ALL OF TRACT A: TRACT I, THAT CERTAIN 64.508 ACRE TRACT OF LAND |
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CONVEYED TO CREEK BEND LAND HOLDINGS, LLC RECORDED IN DOCUMENT |
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NUMBER 2009047398, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, |
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TEXAS (O.P.R.W.C.TX.), SAID 64.513 ACRE TRACT OF LAND, BEING MORE |
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FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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COMMENCING, at a 1/2" iron rod found for the northwestern |
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corner of that certain remainder of 196.96 acre tract of land |
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conveyed to Stephen Pritchard Trust and Nancy K.P. Ohlendorf Family |
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Trust in Volume 1980, Page 972, Deed Records, Williamson County, |
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Texas (D.R.W.C.TX.), also being the southwestern corner of that |
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certain remainder of 104.6 acre tract of land conveyed to Michael |
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and Nancy Ohlendorf recorded in Document Number 2011085212 |
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(O.P.R.W.C.TX.), and also being in the eastern right-of-way line of |
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County Road 110 (R.O.W. varies), |
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THENCE, with the common boundary line of said remainder of |
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196.96 acre tract and said County Road, S21°29'00"E, a distance of |
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210.29 feet to a point for the northwestern corner and the POINT OF |
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BEGINNING of the herein described tract, |
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THENCE, with the common boundary line of said 64.504 acre |
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tract and said remainder of 196.96 acre tract, the following seven |
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(7) courses and distances, numbered 1 through 7, |
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1. N68°00'19"E, passing at a distance of 0.30 feet, a |
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1/2" iron rod found, continuing for a total of 696.23 feet to a |
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point, |
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2. N09°35'20"W, a distance of 95.12 feet to a 1/2" iron |
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rod found, |
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3. N81°24'19"E, a distance of 329.97 feet to a 1/2" |
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iron rod found, |
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4. S02°42'11"E, a distance of 17.58 feet to a 1/2" iron |
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rod found, |
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5. N68°02'31"E, a distance of 1429.27 feet to a 1/2" |
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iron rod found for the northeastern corner of said 64.504 acre |
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tract, |
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6. S22°04'24"E, a distance of 1099.73 feet to a 1/2" |
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iron rod found at a fence corner, and |
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7. S66°33'19"W, a distance of 2773.39 feet to a point |
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for the southwestern corner of said 64.508 acre tract, also being in |
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the eastern right-of-way line of said County, Road 110, |
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THENCE, with the common boundary line of said 64.508 acre |
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tract and said County Road 110, the following two (2) courses and |
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distances, Numbered 1 and 2, |
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1. N21°30'28"W, a distance of 953.75 feet to a 1/2" |
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iron rod found, |
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2. N21°29'00"W, a distance of 209.69 feet to the POINT |
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OF BEGINNING and containing 64.513 acres of land. |
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TRACT A-2 |
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BEING ALL OF THAT CERTAIN 55.176 ACRE TRACT OF LAND OUT OF AND |
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PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED IN |
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WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS BEING |
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A PORTION OF TRACT A: TRACT II, THAT CERTAIN REMAINDER OF 55.34 ACRE |
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TRACT OF LAND CONVEYED TO LONE MOUNTAIN PROPERTIES, LLC RECORDED IN |
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DOCUMENT NUMBER 2009005145, OFFICIAL PUBLIC RECORDS OF WILLIAMSON |
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COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 55.176 ACRE TRACT OF LAND, |
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BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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TRACT 1: |
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BEGINNING, at a 1/2" iron rod found for the most northerly |
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northwestern corner of said remainder of 55.34 acre tract, also |
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being the northeastern corner of that certain remainder of 34.70 |
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acre tract of land (Tract 1) conveyed to Henry Development, LTD, |
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recorded in Document Number 2004089842 (O.P.R.W.C.TX.), and also |
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being at a point of curvature for a curve to the left in the southern |
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right-of-way line of University Boulevard (200' R.O.W.), and the |
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POINT OF BEGINNING for the herein described tract, |
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THENCE, with the common boundary line of said remainder of |
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55.35 acre tract and said University Boulevard, the following two |
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(2) courses and distances, numbered 1 and 2, |
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1. With said curve to the left, having a radius of |
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8563.00 feet, an arc length of 450.41 FEET, and whose chord bears |
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N70°08'55"E, a distance of 450.36 feet to a capped iron rod found |
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stamped "J S COALTER", and |
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2. N68°38'27"E, a distance of 1514.12 feet to a 5/8" |
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iron rod found, being the northeastern corner of said remainder of |
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55.34 acre tract, also being the northwestern corner of that |
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certain remainder of 60 acre tract of land conveyed to Audell Payne |
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in Volume 456, Page 486, Deed Records, Williamson County, Texas, |
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THENCE, with the common boundary line of said remainder of |
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55.34 acre tract and said remainder of 60 acre tract, the following |
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two (2) courses and distances, Numbered 1 and 2, |
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1. S21°47'47"E, a distance of 903.92 feet to a 3/8" |
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iron rod found, and |
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2. N63°45'30"E, a distance of 87.68 feet to a 3/8" iron |
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rod found, being an exterior corner in the eastern boundary line of |
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said remainder of 55.34, also being the northwest corner of that |
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certain 75 acre tract of land conveyed to Veterans Land Board |
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recorded in Volume 781, Page 247, Deed Records Williamson County, |
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Texas, |
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THENCE, with the common boundary line of said remainder of |
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55.34 acre tract and said 75 acre tract, S21°35'40"E, a distance of |
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268.79 feet to a 1/2" iron rod found, being the southeastern corner |
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of said remainder of 55.34 acre tract, also being the northeastern |
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corner of that certain remainder of 104.6 acre tract conveyed to |
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Michael and Nancy Ohlendorf recorded in Document Number 2011085212 |
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(O.P.R.W.C.TX.), |
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THENCE, with the common boundary line of said remainder of |
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55.34 acre tract and said remainder of 104.6 acre tract, |
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S68°34'49"W, a distance of 2056.46 feet to a point, being the |
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southwestern corner of said remainder of 55.34 acre tract, also |
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being the southeastern corner of that certain 0.07 acre tract of |
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land (Tract II) conveyed to Henry Development, LTD. recorded in |
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Document Number 2017045283 (O.P.R.W.C.TX.), |
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THENCE, with said common boundary line of said remainder of |
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55.34 acre tract, said 0.07 acre (Tract II), that certain 0.18 acre |
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tract of land (Tract I) conveyed to Henry Development record in said |
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Document Number 2017045283, that certain 0.14 acre tract of land |
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conveyed to Henry Development, LTD. in Document Number 2017074516 |
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(O.P.R.W.C.TX.), and said remainder of 34.70 acre tract (Tract 1), |
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the following four (4) courses and distances, numbered 1 through 4, |
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1. N21°27'32"W, a distance of 104.85 feet to a 1/2" |
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iron rod found, |
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2. N19°57'22"W, a distance of 30.33 feet to a 1/2" iron |
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rod found, |
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3. N22°42'01"W, a distance of 29.77 feet to a 1/2" iron |
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rod found, and |
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4. N21°32'01"W, a distance of 1014.31 feet to the POINT |
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OF BEGINNING and containing 53.237 acres of land. |
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TRACT 2: |
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BEGINNING, at a 1/2" iron rod found for the most westerly |
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northwestern corner of said remainder of 55.34 acre tract acre |
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tract, being in the eastern right-of-way line of County Road 110 |
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(R.O.W. varies), and also being the southwestern corner of that |
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certain 2.07 acre tract of land conveyed (Tract 2) to Henry |
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Development, LTD. recorded in Document Number 2004089842 |
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(O.P.R.W.C.TX.), and being the northwestern corner and the POINT OF |
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BEGINNING for the herein described tract, |
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THENCE, with the common boundary line of said remainder of |
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55.34 acre tract and said 2.07 acre tract, N68°32'30"E, passing at |
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2766.90 feet a capped iron rod found for the southwest corner of |
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that certain 0.14 acre tract of land conveyed to Henry Development |
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LTD. recorded in Document Number 2017074513 (O.P.R.W.C.TX.) and |
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continuing for a total distance of 2796.42 feet to a capped iron rod |
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found, being the southwest corner of that certain 0.18 acre tract of |
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land (Tract I) conveyed to Henry Development, LTD. and the |
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northwest corner of that certain 0.07 acre tract of land (Tract II) |
|
|
both conveyed to Henry Development LTD. recorded in Document Number |
|
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2017045283 (O.P.R.W.C.TX.), and being a southeast corner of said |
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0.14 acre tract,. |
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THENCE, with the common boundary line of said remainder of |
|
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55.34 acre tract and said 0.07 acre tract, S21°20'56"E, a distance |
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of 30.40 feet to a point, being the southwestern corner of said 0.07 |
|
|
acre tract, also being in the northern boundary line of that certain |
|
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remainder of 104.6 acre tract conveyed to Michael and Nancy |
|
|
Ohlendorf in Document Number 2011085212 (O.P.R.W.C.TX.), |
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THENCE, with the common boundary line of said remainder of |
|
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55.34 acre tract and said remainder of 104.6 acre tract, |
|
|
S68°33'00"W, a distance of 2796.45 feet to a 1/2" iron rod found, |
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being the southwestern corner of said remainder of 55.34 acre |
|
|
tract, also being the northwestern corner of said remainder of |
|
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104.6 acre tract, and also being in the eastern right-of-way line of |
|
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said County, Road 110, |
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THENCE, with the common boundary line of said remainder of |
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55.34 acre tract and said County, Road 110, N21°16'34"W, a distance |
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of 30.00 feet to the POINT OF BEGINNING and containing 1.939 acres |
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of land. |
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TRACT 1 - 53.237 ACRES |
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TRACT 2 - 1.939 ACRES |
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A-2 TOTAL - 55.176 ACRES |
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TRACT B-II |
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BEING ALL OF THAT CERTAIN 104.256 ACRE TRACT OF LAND OUT OF |
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AND PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED |
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IN WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS |
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BEING A PORTION OF TRACT B: TRACT II, THAT CERTAIN REMAINDER OF |
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104.6 ACRE TRACT OF LAND CONVEYED TO MICHAEL AND NANCY OHLENDORF |
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RECORDED IN DOCUMENT NUMBER 2011085212, OFFICIAL PUBLIC RECORDS OF |
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WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 104.256 ACRE TRACT |
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OF LAND, BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING, at a 1/2" iron rod found for the northwestern |
|
|
corner of said remainder of 104.6 acre tract,, also being the |
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southwestern corner of that certain remainder of 55.34 acre tract |
|
|
of land conveyed to Lone Mountain Properties, LLC, and also being in |
|
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the eastern right-of-way line, and also being the northwestern |
|
|
corner and the POINT OF BEGINNING for the herein described tract, |
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|
THENCE, with the common boundary line of said remainder of |
|
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104.6 acre tract, said remainder of 55.34 acre tract, that certain |
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0.07 acre tract (Tract II) of land conveyed to Henry Development, |
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|
LTD. in Document Number 2017045283 (O.P.R.W.C.TX.), N68°34'04"E, |
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and that certain remainder of 55.34 acres of land conveyed to Lone |
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Mountain Properties, LLC. in Document Number 2009005145 |
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(O.P.R.W.C.TX.), a distance of 4957.79 feet to a 1/2" iron rod |
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|
found, being the northeastern corner of said remainder of 104.6 |
|
|
acre tract, also being the southeastern corner of said remainder of |
|
|
55.34 acre tract and also being in the western boundary line of that |
|
|
certain 75.00 acre tract of land conveyed to Veterans Land Board in |
|
|
Volume 781, Page 247, Deed Records, Williamson County, Texas, |
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|
THENCE, with the common boundary line of said 104.6 acre |
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|
tract and said 75.00 acre tract, S21°26'17"E, a distance of 913.49 |
|
|
feet to a 1/2" iron rod found, being the southeastern corner of the |
|
|
herein described tract, also being the northeastern corner of that |
|
|
certain remainder of 196.96 acre tract of land conveyed to Stephen |
|
|
Pritchard Trust and Nancy K.P. Ohlendorf Family Trust in Volume |
|
|
1980, Page 972 Deed Records, Williamson County, Texas, |
|
|
THENCE, with the common boundary line of said remainder of |
|
|
104.6 acre tract and said remainder of 196.96 acre tract, |
|
|
S68°30'29"W, a distance of 4957.11 feet to a 1/2" iron rod found, |
|
|
being the southwestern corner of said remainder of 104.6 acre |
|
|
tract, also being the northwestern corner of said remainder of |
|
|
196.96 acre tract, and also being in the eastern right-of-way line |
|
|
of said County Road 110, |
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|
THENCE, with the common boundary line of said remainder of |
|
|
104.6 acre tract and said County Road 110, the following two (2) |
|
|
courses and distances, numbered 1 and 2, |
|
|
1. N21°29'00"W, a distance of 909.64 feet to a 1/2" |
|
|
iron rod found, and |
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|
2. N21°16'34"W, a distance of 9.02 feet to the POINT OF |
|
|
BEGINNING and containing 104.256 acres of land. |
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|
TRACT B-III |
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|
BEING ALL OF THAT CERTAIN 132.423 ACRE TRACT OF LAND OUT OF |
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|
AND PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED |
|
|
IN WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS |
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|
BEING ALL OF TRACT B: TRACT III, THAT CERTAIN REMAINDER OF 196.96 |
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|
ACRE TRACT OF LAND CONVEYED TO STEPHEN PRITCHARD TRUST AND NANCY |
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|
K.P. OHLENDORF FAMILY TRUST RECORDED IN VOLUME 1980, PAGE 972, DEED |
|
|
RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 132.423 |
|
|
ACRE TRACT OF LAND, BEING MORE FULLY DESCRIBED BY METES AND BOUNDS |
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|
AS FOLLOWS: |
|
|
BEGINNING, at a 1/2" iron rod found for the northwestern |
|
|
corner of said remainder of 196.96 acre tract, also being the |
|
|
southwestern corner of that certain remainder of 104.6 acre tract |
|
|
of land conveyed to Michael and Nancy Ohlendorf recorded in |
|
|
Document Number 2011085212 (O.P.R.W.C.TX.), and also being in the |
|
|
eastern right-of-way line of County Road 110 (R.O.W. varies), and |
|
|
the POINT OF BEGINNING for the herein described tract, |
|
|
THENCE, with the common boundary line of said remainder of |
|
|
196.96 acre tract and said remainder of 104.6 acre tract, |
|
|
N68°30'29"E, a distance of 4957.11 feet to a 1/2" iron rod found, |
|
|
being the northeastern corner of said 196.96 acre tract, also being |
|
|
the southeastern corner of said remainder of 104.6 acre tract, and |
|
|
also being in the eastern boundary line of that certain 75.00 acre |
|
|
tract of land conveyed to the Veterans Land Board in Volume 781, |
|
|
Page 247, Deed Records, Williamson County, Texas, |
|
|
THENCE, with the common boundary line of said remainder of |
|
|
196.96 acre tract and said 75.00 acre tract, S21°30'03"E, a distance |
|
|
of 1332.40 feet to a point, being the southeastern corner of said |
|
|
remainder of 196.96 acre tract, also being the northeastern corner |
|
|
of that certain 72.099 acre tract of land conveyed to Eleanor, |
|
|
Jacob, and Dorothea Olson in Volume 595, Page 131, Deed Records, |
|
|
Williamson County, Texas, and also being the southeastern corner of |
|
|
the herein described tract, |
|
|
THENCE, with the common boundary line of said remainder of |
|
|
196.96 acre tract and said 72.099 acre tract, S68°30'08"W, a |
|
|
distance of 1252.61 feet to a 1/2" iron rod found, being an angle |
|
|
point in the southern boundary line of said remainder of 196.96 acre |
|
|
tract, also being the northwest corner of said 72.099 acre tract, |
|
|
and also being the northeast corner of that certain 22.31 acre tract |
|
|
of land conveyed to SEDC Devco Inc. recorded in Document Number |
|
|
2015089805 (O.P.R.W.C.TX.), |
|
|
THENCE, with the common boundary line of said remainder of |
|
|
196.96 acre tract and said 22.31 acre tract, the following two (2) |
|
|
courses and distances, numbered 1 and 2, |
|
|
1. S12°52'51"W, a distance of 17.02 feet to a 1/2" iron |
|
|
rod found, and |
|
|
2. S68°23'05"W, a distance of 1224.09 feet to a capped |
|
|
iron rod found, being the northwest corner of said 22.31 acre tract, |
|
|
also being an interior corner on the south line of said remainder of |
|
|
196.96 acre tract, |
|
|
THENCE, with the common boundary corner of said remainder of |
|
|
196.96 acre tract and said 22.31 acre tract, S21°37'15"E, a distance |
|
|
of 776.54 feet to a 1/2" iron rod found, being a southeast corner of |
|
|
said remainder of 196.96 acre tract, also being the southwest |
|
|
corner of said 22.31 acre tract, and also being the northeast corner |
|
|
of the remainder of that certain 34.74 acre tract of land conveyed |
|
|
to SEDC Devco Inc. recorded in Document Number 2015089800 |
|
|
(O.P.R.W.C.TX.), and also being the northeastern corner of that |
|
|
certain 100 acre tract conveyed to Fred Liardon in Volume 131, Page |
|
|
131, (D.R.W.C.TX.), |
|
|
THENCE, with a south line of said remainder of 196.96 acre |
|
|
tract and the north line of said 100 acre tract, S68°37'33"W, a |
|
|
distance of 2472.34 feet to a 1/2" iron rod found, being the |
|
|
southwest corner of said remainder of 196.96 acre tract, also being |
|
|
the northwest corner of said remainder of 34.74 acre tract, also |
|
|
being in the northern boundary line of said 100 acre tract, and also |
|
|
being in the east right-of-way line of said County Road 110, from |
|
|
which a 1/2" iron rod found for the southwest corner of said |
|
|
remainder of 34.74 acre tract bears S21°20'42"E, a distance of |
|
|
616.07 feet, |
|
|
THENCE, with the common boundary line of said remainder of |
|
|
196.96 acre tract and said County Road 110, N21°30'28"W, a distance |
|
|
of 746.93 feet to a point, being the southwestern corner of that |
|
|
certain 64.508 acre tract of land conveyed to Creek Bend Holdings, |
|
|
LLC. in Document Number 2009047398 (O.P.R.W.C.TX.), |
|
|
THENCE, with the common boundary line of said remainder of |
|
|
196.96 acre tract and said 64.508 acre tract, the following seven |
|
|
(7) courses and distances, numbered 1 through 7, |
|
|
1. N66°33'19"E, a distance of 2473.39 feet to a 1/2" |
|
|
iron rod found, |
|
|
2. N22°04'24"W, a distance of 1099.73 feet to a 1/2" |
|
|
iron rod found, |
|
|
3. S68°02'31"W, a distance of 1429.27 feet to a 1/2" |
|
|
iron rod found, |
|
|
4. N02°42'11"W, a distance of 17.58 feet to a 1/2" iron |
|
|
rod found, |
|
|
5. S81°24'19"W, a distance of 329.97 feet to a 1/2" |
|
|
iron rod found, |
|
|
6. S09°35'20"E, a distance of 95.12 feet to a point, |
|
|
and |
|
|
7. S68°00'19"W, passing at 695.93 feet a 1/2" iron rod |
|
|
found and continuing for a total distance of 696.23 feet to a point, |
|
|
being the northwestern corner of said 64.528 acre tract, also being |
|
|
an exterior corner in the western boundary line of said remainder of |
|
|
196.96 acre tract, and also being in the eastern right-of-way line |
|
|
of said County, Road 110, |
|
|
THENCE, with the common boundary line of said remainder of |
|
|
196.96 acre tract and said County Road 110, N21°29'00"W, a distance |
|
|
of 210.29 feet to the POINT OF BEGINNING and containing 132.423 |
|
|
acres of land. |
|
|
SECTION 3. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act are fulfilled |
|
|
and accomplished. |
|
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
8094, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 8094.0306 to read as follows: |
|
|
Sec. 8094.0306. NO EMINENT DOMAIN POWER. The district may |
|
|
not exercise the power of eminent domain. |
|
|
(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Section 17(c), |
|
|
Article I, Texas Constitution. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2019. |