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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 Moore's Crossing Municipal |
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Management District; providing authority to issue bonds; providing |
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authority to impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3999 to read as follows: |
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CHAPTER 3999. MOORE'S CROSSING MUNICIPAL MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3999.0101. 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. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "Director" means a board member. |
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(5) "District" means the Moore's Crossing Municipal |
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Management District. |
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(6) "Exempt property" means property owned by a |
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governmental entity, including the city, a county, or the Moore's |
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Crossing MUD. |
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Sec. 3999.0102. NATURE OF DISTRICT. The Moore's Crossing |
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Municipal Management District is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3999.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. |
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(b) By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(c) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(d) This chapter and the creation of the district may not be |
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interpreted to relieve the city from providing the level of |
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services provided as of the effective date of the Act enacting this |
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chapter to the area in the district. The district is created to |
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supplement and not to supplant city services provided in the |
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district. |
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Sec. 3999.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All land and other property included in the district will |
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benefit from the improvements and services to be provided by the |
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district under powers conferred by Sections 52 and 52-a, Article |
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III, and Section 59, Article XVI, Texas Constitution, and other |
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powers granted under this chapter. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for drainage, road, and recreational |
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facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3999.0105. 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 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 bonds 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 the bonds; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3999.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; or |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code. |
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Sec. 3999.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3999.0108. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3999.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors who serve staggered |
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terms of four years. |
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(b) Directors are elected in the manner provided by |
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Subchapter D, Chapter 49, Water Code. |
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(c) The board may not create an executive committee to |
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exercise the powers of the board. |
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Sec. 3999.0202. MEETINGS; NOTICE. (a) The board shall hold |
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meetings at a place accessible to the public. |
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(b) The board must post notice of each meeting with the city |
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secretary not later than 72 hours before the scheduled time of the |
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meeting. |
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Sec. 3999.0203. COMPENSATION; EXPENSES. The district may |
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compensate each director in an amount not to exceed $150 for each |
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board meeting. The total amount of compensation for each director |
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in one year may not exceed $7,200. |
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Sec. 3999.0204. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district according to the most recent certified tax appraisal roll |
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for the county may submit a petition to the commission requesting |
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that the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) The temporary or successor temporary directors shall |
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hold an election to elect five permanent directors as provided by |
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Section 49.102, Water Code. |
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(c) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Subsection (b); or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(d) If permanent directors have not been elected under |
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Subsection (b) 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 (e) 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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Subsection (b); 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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(e) If Subsection (d) 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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according to the most recent certified tax appraisal roll for the |
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county 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. 3999.0301. 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. 3999.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) |
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The district, using any money available to the district for the |
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purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter or Chapter 375, Local |
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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(c) The implementation of a district project or service is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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Sec. 3999.0303. 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. 3999.0304. 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. 3999.0305. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3999.0306. ADDING OR EXCLUDING LAND. The district may |
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add or exclude land in the manner provided by Subchapter J, Chapter |
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49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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Sec. 3999.0307. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 3999.0308. EXEMPT PROPERTY. The district may not |
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impose an assessment, fee, tax, or other charge on an exempt |
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property. |
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Sec. 3999.0309. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. ASSESSMENTS |
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Sec. 3999.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3999.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3999.0501. TAX ELECTION REQUIRED. The district must |
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hold an election in the manner provided by Chapter 49, Water Code, |
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or, if applicable, Chapter 375, Local Government Code, to obtain |
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voter approval before the district may impose an ad valorem tax. |
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Sec. 3999.0502. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election under Section 3999.0501, the district may impose an |
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operation and maintenance tax on taxable property in the district |
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in the manner provided by Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the operation and maintenance |
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tax rate. The rate may not exceed the rate approved at the |
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election. |
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Sec. 3999.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
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terms determined by the board. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, contract payments, grants, or |
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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Sec. 3999.0504. BONDS SECURED BY REVENUE OR CONTRACT |
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PAYMENTS. The district may issue, without an election, bonds |
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secured by: |
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(1) revenue other than ad valorem taxes, including |
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contract revenues; or |
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(2) contract payments, provided that the requirements |
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of Section 49.108, Water Code, have been met. |
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Sec. 3999.0505. BONDS SECURED BY AD VALOREM TAXES; |
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ELECTIONS. (a) If authorized at an election under Section |
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3999.0501, the district may issue bonds payable from ad valorem |
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taxes. |
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(b) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(c) At the time the district issues bonds payable wholly or |
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partly from ad valorem taxes, the board shall provide for the annual |
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imposition of a continuing direct annual ad valorem tax, without |
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limit as to rate or amount, for each year that all or part of the |
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bonds are outstanding as required and in the manner provided by |
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Sections 54.601 and 54.602, Water Code. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3999.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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board may not issue bonds until each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located has consented by ordinance or resolution to the creation of |
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the district and to the inclusion of land in the district. |
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(b) This section applies only to the district's first |
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issuance of bonds payable from ad valorem taxes. |
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SECTION 2. The Moore's Crossing Municipal Management |
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District initially includes all territory contained in the |
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following area: |
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TRACT 1 |
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A 162.83 ACRE TRACT OF LAND, SITUATED IN THE NOEL M. BAIN SURVEY, |
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SECTION NO. 1, ABSTRACT NO. 61, BEING OUT OF THE REMNANT PORTION OF |
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A CALLED 1.425 ACRE TRACT, CONVEYED TO SR DEVELOPMENT, INC., |
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RECORDED IN DOCUMENT NO. 2006151559 OF THE OFFICIAL PUBLIC RECORDS |
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OF TRAVIS COUNTY, TEXAS, BEING ALL OF A CALLED 1.075 ACRE TRACT OF |
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LAND CONVEYED TO SR DEVELOPMENT, INC, RECORDED IN DOCUMENT NO. |
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2007087977 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, |
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BEING THE REMNANT PORTION OF A CALLED 61.300 ACRE TRACT CONVEYED TO |
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SR DEVELOPMENT, INC., RECORDED IN DOCUMENT NO. 2004106868 OF THE |
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OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, BEING OUT OF THE |
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REMNANT PORTION OF A CALLED 406.804 ACRE TRACT CONVEYED TO SR |
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DEVELOPMENT INC, RECORDED IN VOLUME 11921, PAGE 585 OF THE REAL |
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PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, BEING ALL OF A CALLED 3.03 |
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ACRE TRACT CONVEYED TO TSWG 130, LLC IN DOCUMENT NO. 2009091036 OF |
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THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AS DESCRIBED |
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IN DOCUMENT NO. 2003205235 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
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COUNTY, TEXAS, BEING ALL OF LOTS 1-46, LINDA VISTA, A SUBDIVISION |
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ACCORDING TO THE PLAT RECORDED IN VOLUME 57, PAGE 91 OF THE PLAT |
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RECORDS OF TRAVIS COUNTY, TEXAS, CONVEYED TO TSWG 130, LLC IN |
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DOCUMENT NO. 2009091036 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
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COUNTY, TEXAS, BEING ALL OF A CALLED 16.00 ACRE TRACT CONVEYED TO |
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KELLER ROAD INVESTMENTS, LTD., RECORDED IN DOCUMENT NO. 2020018595 |
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OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING |
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ALL OF A CALLED 33.315 ACRE TRACT (PART 1) CONVEYED TO TSWG 130, LLC |
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RECORDED IN DOCUMENT NO. 2008010971 OF THE OFFICIAL PUBLIC RECORDS |
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OF TRAVIS COUNTY, TEXAS. SAID 162.83 ACRE TRACT BEING MORE FULLY |
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DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE NORTH AMERICAN |
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DATUM OF 1983 (NA 2011) EPOCH 2010.00, FROM THE TEXAS COORDINATE |
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SYSTEM ESTABLISHED FOR THE CENTRAL ZONE: |
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BEGINNING at a calculated point on the southeast right-of-way line |
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of F.M. 973, a variable width right-of-way, said point being in the |
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southwest right-of-way line of Elroy Road, a variable width |
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right-of-way, said point being the north corner of said 1.425-acre |
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tract for the northernmost corner and POINT OF BEGINNING hereof; |
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THENCE with the southwest right-of-way line of said Elroy Road, |
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same being the northeast boundary line of said 1.425-acre tract, |
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and, in part, with the northeast boundary line of said 61.300-acre |
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tract the following nine (9) courses and distances: |
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1. S 69°53'40" E, a distance of 74.75 feet to a calculated |
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angle point hereof, |
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2. S 39°57'21" E, a distance of 173.48 feet to a calculated |
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angle point hereof, |
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3. S 32°23'35" E, a distance of 156.65 feet to a calculated |
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point of non-tangent curvature hereof, |
|
4. along the arc of a curve to the left, having a radius of |
|
1071.64 feet, a central angle of 16°33'52", a chord bearing and |
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distance of S 40°44'06" E, 308.74 feet, for an arc length of 309.82 |
|
feet to a calculated point of non-tangency hereof, |
|
5. S 62°15'32" E, a distance of 92.50 feet to a calculated |
|
point of non-tangent curvature hereof, |
|
6. along the arc of a curve to the left, having a radius of |
|
1070.09 feet, a central angle of 01°07'36", a chord bearing and |
|
distance of S 57°04'52" E, 21.04 feet, for an arc length of 21.04 |
|
feet to a calculated point of non-tangency hereof, |
|
7. S 62°15'32" E, a distance of 195.70 feet to a calculated |
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angle point hereof, |
|
8. S 60°51'45" E, a distance of 246.75 feet to a calculated |
|
angle point hereof, and |
|
9. S 52°58'17" E, a distance of 999.95 feet to a calculated |
|
point on the southwest right-of-way line of said Elroy Road, same |
|
being a point in the northwest right-of-way line of Texas Toll Road |
|
130, a variable width right-of-way recorded in Document |
|
No. 2006139920 of the Official Public Records of Travis County, |
|
Texas, said point being the easternmost corner of said 61.300-acre |
|
tract for the easternmost northeast corner hereof; |
|
THENCE S 27°46'44" W, with the northwest right-of-way line of said |
|
Texas Toll Road 130, same being the southeast boundary line of said |
|
61.300-acre tract, a distance of 378.98 feet to a calculated point |
|
in the northwest right-of-way line of said Texas Toll Road 130, said |
|
point being the southeast corner of the Remnant Portion of said |
|
61.300-acre tract, same being the east corner of a Remnant Portion |
|
of said 406.804-acre tract for an angle point hereof; |
|
THENCE S 10°06'56" W, continuing with the northwest right-of-way |
|
line of said Texas Toll Road 130, same being the southeast boundary |
|
line of a Remnant Portion of said 406.804-acre tract, a distance of |
|
232.06 feet to a calculated angle point hereof; |
|
THENCE S 19°25'15" W, continuing with the northwest right-of-way |
|
line of said Texas Toll Road 130, same being the southeast boundary |
|
line of a Remnant Portion of said 406.804-acre tract, a distance of |
|
1953.51 feet to a calculated point in the northwest right-of-way |
|
line of said Texas Toll Road 130, said point being a south corner of |
|
the Remnant Portion of said 406.804-acre tract, same being the east |
|
corner of said 33.315-acre tract for an angle point hereof; |
|
THENCE S 20°12'48" W, continuing with the northwest right-of-way |
|
line of said Texas Toll Road 130, same being the southeast boundary |
|
line of said 33.315-acre tract, a distance of 2591.47 feet to a |
|
calculated point on the northwest right-of-way line of said Texas |
|
Toll Road 130, said point being on the northeast right-of-way line |
|
of McAngus Road, a variable width right-of-way, said point being |
|
the southeast corner of said 33.315-acre tract for the easternmost |
|
southeast corner hereof; |
|
THENCE departing the northwest right-of-way of said Texas Toll Road |
|
130, with the northerly right-of-way line of said McAngus Road, |
|
same being the southerly boundary line of said 33.315-acre tract |
|
the following three (3) courses and distances: |
|
1. N 75°16'47" W, a distance of 362.93 feet to a calculated |
|
angle point hereof, |
|
2. S 28°09'48" W, a distance of 85.27 feet to a calculated |
|
point for the southernmost southeast corner hereof, and |
|
3. N 61°55'51" W, a distance of 370.76 feet to a calculated |
|
point in the northeast right-of-way line of said McAngus Road, said |
|
point being the southwest corner of said 33.315-acre tract, same |
|
being the south corner of a called 3.100-acre tract recorded in |
|
Document No. 2009003712 of the Official Public Records of Travis |
|
County, Texas for the southernmost southwest corner hereof; |
|
THENCE N 28°30'03" E, with a northwest boundary line of said |
|
33.315-acre tract, same being the southeast boundary line of said |
|
3.100-acre tract, and, in part, with the southeast boundary line of |
|
a called 12.000-acre tract recorded in Document No. 2009003712 of |
|
the Official Public Records of Travis County, Texas, a distance of |
|
1456.72 feet to a calculated point in the northwest boundary line of |
|
said 33.315-acre tract, said point being the east corner of said |
|
12.000-acre tract, same being the south corner of Ferguson Bain |
|
Subdivision, a subdivision according to the plat recorded in |
|
Document No. 201600012 of the Official Public Records of Travis |
|
County, Texas for an angle point hereof; |
|
THENCE N 28°39'27" E, continuing with a northwest boundary line of |
|
said 33.315-acre tract, same being the southeast boundary line of |
|
said Ferguson Bain Subdivision, and, in part, with the southeast |
|
boundary line of a called 5.00-acre tract (Tract 2), and, in part, |
|
with the southeast boundary line of a called 3.0-acre tract, both |
|
recorded in Document No. 2018189524 of the Official Public Records |
|
of Travis County, Texas, a distance of 1273.46 feet to a calculated |
|
point at the east corner of said 3.0-acre tract, same being the |
|
north corner of said 33.315-acre tract, same being a west corner of |
|
the Remnant Portion of said 406.804-acre tract, also being the |
|
south corner of said 16.00-acre tract a southwest ell corner |
|
hereof; |
|
THENCE N 61°41'07" W, with the southwest boundary line of said |
|
16.00-acre tract, same being the northeast boundary line of said |
|
3.0-acre tract, and, in part, with the northeast boundary line of a |
|
called 3.0-acre tract recorded in Document No. 2018046769 of the |
|
Official Public Records of Travis County, Texas, a distance of |
|
856.25 feet to a calculated point at the west corner of said |
|
16.00-acre tract, same being a point in the northeast boundary line |
|
of said 3.0-acre tract, also being the south corner of the Remnant |
|
Portion of a called 41.79-acre tract recorded in Document |
|
No. 2010133616 of the Official Public Records of Travis County, |
|
Texas for a southwest corner hereof; |
|
THENCE N 28°30'25" E, departing the northeast boundary line of said |
|
3.0-acre tract, with the northwest boundary line of said 16.00-acre |
|
tract, same being the southeast boundary line of the Remnant |
|
Portion of said 41.79-acre tract, a distance of 808.54 feet to a |
|
calculated point in the southwest boundary line of said Linda Vista |
|
Subdivision, said point being the north corner of said 16.00-acre |
|
tract, same being the east corner of the Remnant Portion of said |
|
41.79-acre tract for a southwest ell corner hereof; |
|
THENCE N 62°25'23" W, with the southwest boundary line of said Linda |
|
Vista Subdivision, same being the northeast boundary line of said |
|
41.79-acre tract, a distance of 1227.54 feet to a calculated point |
|
in the southeast boundary line of said 3.03-acre tract, said point |
|
being in the southwest boundary line of said Linda Vista |
|
Subdivision, also being the northwest corner of said 41.79-acre |
|
tract for a southeast ell corner hereof; |
|
THENCE S 27°24'37" W, with the southeast boundary line of said |
|
3.03-acre tract, same being the northwest boundary line of said |
|
41.79-acre tract, a distance of 324.05 feet to a calculated point on |
|
the north ell corner of said 41.79-acre tract, same being the south |
|
corner of said 3.03-acre tract for a south corner hereof; |
|
THENCE N 63°31'23" W, with a northeast boundary line of said |
|
41.79-acre tract, same being the southwest boundary line of said |
|
3.03-acre tract, a distance of 278.80 feet to a calculated point in |
|
the southeast right-of-way line of said F.M. 973, said point being a |
|
northwest corner of said 41.79-acre tract, same being the west |
|
corner of said 3.03-acre tract for the westernmost corner hereof; |
|
THENCE N 27°29'55" E, with the southeast right-of-way line of said |
|
F.M. 973, same being the northwest boundary line of said 3.03-acre |
|
tract, a distance of 473.60 feet to a calculated point in the |
|
southeast right-of-way line of said F.M. 973, said point being the |
|
north corner of said 3.03-acre tract, same being the west corner of |
|
said Linda Vista Subdivision for an angle point hereof; |
|
THENCE N 27°21'34" E, continuing with the southeast right-of-way |
|
line of said F.M. 973,same being the northwest boundary line of said |
|
Linda Vista Subdivision, a distance of 409.78 feet to a calculated |
|
point in the southeast right-of-way line of said F.M. 973, said |
|
point being the north corner of said Linda Vista Subdivision, same |
|
being the west corner of the Remnant Portion of said 61.300-acre |
|
tract for an angle point hereof; |
|
THENCE continuing with the southeast right-of-way line of said F.M. |
|
973, same being the northwest boundary line of the Remnant Portion |
|
of said 61.300-acre tract the following four (4) courses and |
|
distances: |
|
1. N 26°52'18" E, a distance of 809.68 feet to a calculated |
|
point of non-tangent curvature hereof, |
|
2. along the arc of a curve to the right, having a radius of |
|
1748.80 feet, a central angle of 17°04'21", a chord bearing and |
|
distance of N 35°19'01" E, 519.17 feet, for an arc length of 521.10 |
|
feet to a calculated point of non-tangency hereof, |
|
3. N 45°47'30" E, a distance of 160.07 feet to a calculated |
|
angle point hereof, and |
|
4. N 48°19'35" E, a distance of 118.16 feet to the POINT OF |
|
BEGINNING and containing 162.83 acres in Travis County, Texas. |
|
TRACT 2 |
|
A 49.22 ACRE TRACT OF LAND, SITUATED IN THE NOEL M. BAIN SURVEY, |
|
SECTION NO. 1, ABSTRACT NO. 61, BEING THE REMNANT PORTION OF A |
|
CALLED 18.909 ACRE TRACT CONVEYED TO TSWG 130, LLC, RECORDED IN |
|
DOCUMENT NO. 2008010971 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
|
COUNTY, TEXAS, BEING THE REMNANT PORTION OF A CALLED 22.880 ACRE |
|
TRACT CONVEYED TO M C JOINT VENTURE, RECORDED IN DOCUMENT NO. |
|
2009193716 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, |
|
BEING ALL OF A CALLED 7.267 ACRE TRACT (TRACT 2) AS DESCRIBED IN |
|
CONDEMNATION CASE No. C-1-CV-10-001089 OF THE COUNTY COURT RECORDS |
|
OF TRAVIS COUNTY TEXAS, AND BEING ALL OF A CALLED 5.461 ACRE TRACT |
|
(TRACT 1) RECORDED IN CONDEMNATION CASE NO. C-1-CV-10-001090 OF THE |
|
COUNTY COURT RECORDS OF TRAVIS COUNTY TEXAS. SAID 49.22 ACRE TRACT |
|
BEING MORE FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE |
|
NORTH AMERICAN DATUM OF 1983 (NA 2011) EPOCH 2010.00, FROM THE TEXAS |
|
COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE: |
|
BEGINNING at a calculated point in the southeast right-of-way line |
|
of Texas Toll Road 130, a variable width right-of-way, same being a |
|
point in the northeast right-of-way line of McAngus Road, a |
|
variable width right-of-way, said point being the west corner of |
|
said 7.267-acre tract for the southernmost southwest corner and |
|
POINT OF BEGINNING hereof; |
|
THENCE N 19°53'28" E, departing the northeast right-of-way line of |
|
said McAngus Road, with the southeast right-of-way line of said |
|
Texas Toll Road 130, same being the northwest boundary line of said |
|
7.267-acre tract, and, in part, with the northwest boundary line of |
|
said 5.461-acre tract, a distance of 2859.33 feet to a calculated |
|
angle point hereof; |
|
THENCE N 24°10'34" E, continuing with the southeast right-of-way |
|
line of said Texas Toll Road 130, same being the northwest boundary |
|
line of said 5.461-acre tract, a distance of 1220.30 feet to a |
|
calculated point in the southeast right-of-way line of said Texas |
|
Toll Road 130, same being a point in the southwest right-of-way line |
|
of Engler Park Street, a variable width right-of-way recorded in |
|
Volume 10861, Page 173 of the Real Property Records of Travis |
|
County, Texas for the north corner hereof; |
|
THENCE S 50°36'54" E, with the southwest right-of-way line of said |
|
Engler Park Street, same being the northeast boundary line of said |
|
5.461-acre tract, and, in part, with the northeast boundary line of |
|
said 22.880-acre tract, a distance of 294.87 feet to a calculated |
|
point of non-tangent curvature hereof; |
|
THENCE along the arc of a curve to the right, with the west |
|
right-of-way line of said Engler Park Street, same being an east |
|
boundary line of said 22.880-acre tract, said curve having a radius |
|
of 20.00 feet, a central angle of 89°56'32", a chord bearing and |
|
distance of S 05°36'57" E, 28.27 feet, for an arc length of 31.40 |
|
feet to a calculated point of non-tangency hereof; |
|
THENCE S 39°24'37" W, with the northwest right-of-way line of said |
|
Engler Park Road, same being a southeast boundary line of said |
|
22.880-acre tract, a distance of 48.56 feet to a calculated point at |
|
the west terminus of said Engler Park Street, said point being an |
|
east ell corner of said 22.880-acre tract for an east ell corner |
|
hereof; |
|
THENCE S 50°35'34" E, with the southwest terminus of said Engler |
|
Park Street, same being a northeast boundary line of said |
|
22.880-acre tract, a distance of 69.97 feet to a calculated point at |
|
the south terminus of said Engler Park Road, said point being in the |
|
northeast boundary line of said 22.880-acre tract, same being the |
|
west corner of a called 4.010-acre tract recorded in Document |
|
No. 2003100667 of the Official Public Records of Travis County, |
|
Texas for an angle point in the northeast boundary line hereof; |
|
THENCE with a northeast boundary line of said 22.880-acre tract, |
|
same being the southwest boundary line of said 4.010-acre tract the |
|
following three (3) courses and distances: |
|
1. S 50°18'48" E, a distance of 310.59 feet to a calculated |
|
angle point hereof, |
|
2. S 30°06'51" E, a distance of 358.67 feet to a calculated |
|
angle point hereof, and |
|
3. S 54°54'46" E, a distance of 84.04 feet to a calculated |
|
point at a north ell corner of said 22.880-acre tract, same being |
|
the south corner of said 4.010-acre tract for a north ell corner |
|
hereof; |
|
THENCE N 48°26'18" E, with a northwest boundary line of said |
|
22.880-acre tract, same being the southeast boundary line of said |
|
4.010-acre tract, a distance of 52.17 feet to a calculated angle |
|
point hereof; |
|
THENCE N 44°04'10" E, continuing with a northwest boundary line of |
|
said 22.880-acre tract, same being the southeast boundary line of |
|
said 4.010-acre tract, a distance of 122.72 feet to a calculated |
|
point for a west ell corner of said 22.880-acre tract, same being |
|
the east corner of said 4.010-acre tract for a west ell corner |
|
hereof; |
|
THENCE with a southwest boundary line of said 22.880-acre tract, |
|
same being the northeast boundary line of said 4.010-acre tract the |
|
following three (3) courses and distances: |
|
1. N 25°44'58" W, a distance of 189.43 feet to a calculated |
|
point hereof, |
|
2. N 26°57'56" W, a distance of 303.72 feet to a calculated |
|
point hereof, and |
|
3. N 56°07'21" W, a distance of 300.37 feet to a calculated |
|
point in the southeast right-of-way line of said Engler Park Road, |
|
said point being a west corner of said 22.880-acre tract, same being |
|
the north corner of said 4.010-acre tract for a west corner hereof, |
|
THENCE N 39°23'16" E, with the southeast right-of-way line of said |
|
Engler Road, same being a northwest boundary line of said |
|
22.880-acre tract, a distance of 103.65 feet to a calculated point |
|
in the southeast right-of-way line of said Engler Park Road, said |
|
point being the north corner of said 22.880-acre tract, same being |
|
the east corner of Moores Crossing, Phase A, Section II, a |
|
subdivision according to the plat recorded in Volume 88, Page 68 of |
|
the Plat Records of Travis County, Texas for the north corner |
|
hereof; |
|
THENCE S 53°35'59" E, with the northeast boundary line of said |
|
22.880-acre tract, same being the southwest boundary line of said |
|
Moores Crossing, Phase A, Section II, a distance of 338.79 feet to a |
|
calculated angle point hereof; |
|
THENCE S 39°11'19" E, continuing with the northeast boundary line |
|
of said 22.880-acre tract, same being the southwest boundary line |
|
of said Moores Crossing, Phase A, Section II, a distance of 309.50 |
|
feet to a calculated point in the northeast boundary line of said |
|
22.880-acre tract, same being the south corner of said Moores |
|
Crossing, Phase A, Section II, also being the west corner of Moores |
|
Crossing, Phase A, Section I, a subdivision according to the plat |
|
recorded in Volume 87, Page 155 of the Plat Records of Travis |
|
County, Texas |
|
THENCE continuing with the northeast boundary line of said |
|
22.880-acre tract, same being the southwest boundary line of said |
|
Moores Crossing, Phase A, Section I the following three (3) courses |
|
and distances: |
|
1. S 25°57'12" E, a distance of 132.86 feet to a calculated |
|
angle point hereof. |
|
2. S 51°08'03" E, a distance of 303.13 feet to a calculated |
|
angle point hereof. and |
|
3. S 44°09'11" E, a distance of 67.26 feet to a calculated |
|
point at the west corner of said 22.880-acre tract, same being a |
|
southwest corner of said Moores Crossing, Phase A, Section I, also |
|
being the north corner of Stoney Ridge, Section 5-A, a subdivision |
|
according to the plat recorded in Document No. 200200132 of the |
|
Official Public Records of Travis County, Texas for the west corner |
|
hereof; |
|
THENCE with the southeasterly boundary line of said 22.880-acre |
|
tract, same being the northwesterly boundary line of said Stoney |
|
Ridge, Phase 5-A the following (11) courses and distances: |
|
1. S 37°06'58" W, a distance of 87.18 feet to a calculated |
|
point of non-tangent curvature hereof, |
|
2. along the arc of a curve to the left, having a radius of |
|
1032.00 feet, a central angle of 04°16'00", a chord bearing and |
|
distance of S 33°27'02" W, 76.83 feet, for an arc length of 76.85 |
|
feet to a calculated point of non-tangency hereof, |
|
3. N 42°50'07" W, a distance of 74.90 feet to a calculated |
|
angle point hereof, |
|
4. N 55°26'05" W, a distance of 297.15 feet to a calculated |
|
angle point hereof, |
|
5. S 44°16'47" W, a distance of 119.71 feet to a calculated |
|
angle point hereof, |
|
6. S 48°19'01" W, a distance of 50.48 feet to a calculated |
|
angle point hereof, |
|
7. S 34°40'00" W, a distance of 145.17 feet to a calculated |
|
angle point hereof, |
|
8. S 31°18'41" W, a distance of 267.70 feet to a calculated |
|
angle point hereof, |
|
9. S 27°11'50" W, a distance of 273.71 feet to a calculated |
|
angle point hereof, |
|
10. S 62°48'10" E, a distance of 25.00 feet to a calculated |
|
angle point hereof, and |
|
11. S 27°11'50" W, a distance of 117.00 feet to a calculated |
|
point in the northeast boundary line of a called 34.000-acre tract |
|
recorded in Document No. 200513348 of the Official Public Records |
|
of Travis County, Texas, said point being a south corner of said |
|
22.880-acre tract, same being the west corner of said Stoney Ridge, |
|
Phase 5-A for a southeast corner hereof, |
|
THENCE N 62°50'15" W, with a southeast boundary line of said |
|
22.880-acre tract, same being the northeast boundary line of said |
|
34.000-acre tract, and, in part, with the northeast boundary line |
|
of a called 10.136-acre tract recorded in Document No. 2004171660 |
|
of the Official Public Records of Travis County, Texas, a distance |
|
of 472.25 feet to a calculated point at a southeast ell corner of |
|
said 28.880-acre tract, same being the north corner of said |
|
10.136-acre tract for a southeast ell corner hereof; |
|
THENCE S 26°52'34" W, with a southeast boundary line of said |
|
28.880-acre tract, same being the northwest boundary line of said |
|
10.136-acre tract, a distance of 215.87 feet to a calculated angle |
|
point hereof; |
|
THENCE S 28°09'58" W, with a southeast boundary line of said |
|
28.880-acre tract, same being the northwest boundary line of said |
|
10.136-acre tract, a distance of 952.60 feet to a calculated point |
|
in the southeast boundary line of said 22.880-acre tract, said |
|
point being the west corner of said 10.136-acre tract, same being |
|
the north corner of a called 0.998-acre tract recorded in Document |
|
No. 2004177205 of the Official Public Records of Travis County, |
|
Texas for an angle point hereof; |
|
THENCE S 26°20'45" W, continuing with a southeast boundary line of |
|
said 28.880-acre tract, same being the northwest boundary line of |
|
said 0.998-acre tract, a distance of 161.85 feet to a calculated |
|
point in the southeast boundary line of said 22.880-acre tract, |
|
said point being the west corner of said 0.998-acre tract, same |
|
being the north corner of a called 1.873-acre tract recorded in |
|
Document No. 2004171660 of the Official Public Records of Travis |
|
County, Texas for an angle point hereof; |
|
THENCE S 27°32'17" W, continuing with a southeast boundary line of |
|
said 28.880-acre tract, same being the northwest boundary line of |
|
said 1.873-acre tract, a distance of 301.85 feet to a calculated |
|
point in the southeast boundary line of said 22.880-acre tract, |
|
said point being the west corner of said 1.873-acre tract, same |
|
being the north corner of a called 0.927-acre tract recorded in |
|
Document No. 2004092946 of the Official Public Records of Travis |
|
County, Texas for an angle point hereof; |
|
THENCE S 27°47'26" W, continuing with a southeast boundary line of |
|
said 28.880-acre tract, same being the northwest boundary line of |
|
said 2.996-acre tract, a distance of 149.81 feet to a calculated |
|
point in the southeast boundary line of said 22.880-acre tract, |
|
said point being the west corner of said 0.927-acre tract, same |
|
being the north corner of a called 2.996-acre tract recorded in |
|
Document No. 2004032363 of the Official Public Records of Travis |
|
County, Texas for an angle point hereof; |
|
THENCE S 27°59'19" W, continuing with a southeast boundary line of |
|
said 28.880-acre tract, same being the northwest boundary line of |
|
said 2.996-acre tract, and, in part, with the northwest boundary |
|
line of a called 0.501-acre tract recorded in Document |
|
No. 2003278680 of the Official Public Records of Travis County, |
|
Texas, a distance of 567.39 feet to a calculated point in the |
|
southeast boundary line of said 22.880-acre tract, said point being |
|
the west corner of said 0.501-acre tract, same being the north |
|
corner of a called 0.369-acre tract recorded in Document |
|
No. 2004039131 of the Official Public Records of Travis County, |
|
Texas for an angle point hereof; |
|
THENCE S 27°51'19" W, continuing with a southeast boundary line of |
|
said 28.880-acre tract, same being the northwest boundary line of |
|
said 0.369-acre tract, and, in part, with the northwest boundary |
|
line of Lot A, McAngus Road Addition, a subdivision according to the |
|
plat recorded in Volume 69, Page 28 of the Plat Records of Travis |
|
County, Texas, a distance of 534.70 feet to a calculated point in |
|
the northeast right-of-way line of said McAngus Road, said point |
|
being in the northwest boundary line of said Lot A, same being the |
|
south corner of said Lot A for the south corner hereof; |
|
THENCE N 38°48'25" W, with the northeast right-of-way line of |
|
said McAngus Road, same being the southwest boundary line of said |
|
22.880-acre tract, a distance of 143.07 feet to the POINT OF |
|
BEGINNING and containing 49.22 acres in Travis County, Texas. |
|
TRACT 3 |
|
A 10.39 ACRE TRACT OF LAND, SITUATED IN THE NOEL M. BAIN SURVEY, |
|
SECTION NO. 1, ABSTRACT NO. 61, BEING OUT OF THE REMNANT PORTION OF |
|
A CALLED 406.804 ACRE TRACT CONVEYED TO M C JOINT VENTURE, RECORDED |
|
IN VOLUME 11921, PAGE 585 OF THE REAL PROPERTY RECORDS OF TRAVIS |
|
COUNTY, TEXAS, AND BEING ALL OF A CALLED 5.308 ACRE TRACT (TRACT 1) |
|
AS DESCRIBED IN CASE CONDEMNATION NO. C-1-CV-10-001090 RECORDED IN |
|
THE COUNTY COURT RECORDS OF TRAVIS COUNTY, TEXAS. SAID 10.39 ACRE |
|
TRACT BEING MORE FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON |
|
THE NORTH AMERICAN DATUM OF 1983 (NA 2011) EPOCH 2010.00, FROM THE |
|
TEXAS COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE: |
|
BEGINNING at a calculated point in the southeast right-of-way line |
|
of Texas Toll Road 130, a variable width right-of-way, said point |
|
being in the southwest right-of-way line of Elroy Road, a variable |
|
width right-of-way, said point being the north corner of said |
|
5.308-acre tract for the north corner and POINT OF BEGINNING |
|
hereof; |
|
THENCE S 70°07'01" E, departing the southeast right-of-way of said |
|
Texas Toll Road, with the southwest right-of-way line of said Elroy |
|
Road, same being the north boundary line of said 5.308-acre tract, |
|
and, in part with the northeast boundary line of a Remnant Portion |
|
of said 406.804-acre tract, a distance of 301.64 feet to a |
|
calculated point in the southwest right-of-way line of said Elroy |
|
Road, said point being the northwest terminus of Moores Crossing |
|
Blvd., a 70-foot right-of-way recorded in Volume 10467, Page 982 of |
|
the Real Property Records of Travis County, Texas for the east |
|
corner hereof; |
|
THENCE departing the southwest right-of-way line of said Elroy |
|
Road, with the northwest right-of-way line of said Moores Crossing |
|
Blvd., same being the southeast boundary line of the Remnant |
|
Portion of said 406.804-acre tract for the following five (5) |
|
courses and distances: |
|
1. S 28°06'53" W, a distance of 233.47 feet to a calculated |
|
point of non-tangent curvature hereof, |
|
2. along the arc of a curve to the left, said curve having a |
|
radius of 685.00 feet, a central angle of 10°33'14", a chord bearing |
|
and distance of S 22°38'56" W, 126.00 feet, for an arc length of |
|
126.18 feet to a calculated point of non-tangency hereof, |
|
3. S 17°22'18" W, a distance of 463.68 feet to a calculated |
|
point of non-tangent curvature hereof, |
|
4. along the arc of a curve to the right, having a radius of |
|
615.00 feet, a central angle of 22°00'22", a chord bearing and |
|
distance of S 28°22'28" W, 234.76 feet, for an arc length of 236.21 |
|
feet to a calculated point of non-tangency hereof, and |
|
5. S 39°25'26" W, a distance of 171.25 feet to a calculated |
|
point in the northwest right-of-way line of said Moores Crossing |
|
Blvd., said point being the northeast terminus of Engler Park |
|
Street, a variable width right-of-way recorded in Volume 10861, |
|
Page 173 of the Real Property Records of Travis County, Texas, same |
|
being the easternmost southeast corner of the Remnant Portion of |
|
said 406.804-acre tract for the easternmost southeast corner and |
|
point of non-tangent curvature hereof; |
|
THENCE along the arc of a curve to the right, with the north |
|
right-of-way line of said Engler Park Street, same being the south |
|
boundary line of the Remnant Portion of said 406.804-acre tract, |
|
said curve having a radius of 25.00 feet, a central angle of |
|
89°55'20", a chord bearing and distance of S 84°24'07" W, 35.33 |
|
feet, for an arc length of 39.24 feet to a calculated point in the |
|
northeast right-of-way line of said Engler Park Street, same being |
|
the southwest boundary line of the Remnant Portion of said |
|
406.804-acre tract for the southernmost southwest corner hereof; |
|
THENCE N 50°36'59" W, with the northeast right-of-way line of said |
|
Engler Park Street, same being the southwest boundary line of the |
|
Remnant Portion of said 406.804-acre tract, and, in part, the |
|
southwest boundary line of said 5.308-acre tract, a distance of |
|
307.20 feet to a calculated point in the southeast right-of-way |
|
line of said Texas Toll Road 130, said point being in the northeast |
|
right-of-way line of said Engler Park Street, said point being the |
|
southernmost southwest corner of said 5.308-acre tract for the |
|
southernmost southwest corner hereof; |
|
THENCE departing the northeast right-of-way line of said Engler |
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Park Street, with the southeast right-of-way line of said Texas |
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Toll Road 103, same being the northwest boundary line of said |
|
5.308-acre tract the following four (4) courses and distances: |
|
1. N 24°10'34" E, a distance of 77.10 feet to a calculated |
|
angle point hereof, |
|
2. N 19°38'37" E, a distance of 788.67 feet to a calculated |
|
angle point hereof, |
|
3. N 38°57'16" E, a distance of 38.23 feet to a calculated |
|
angle point hereof, and |
|
N 47°11'15" E, a distance of 252.87 feet to the POINT OF |
|
BEGINNING and containing 10.39 acres in Travis County, Texas. |
|
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, 2021. |