By: Eckhardt S.B. No. 2225

(In the Senate - Filed April 26, 2021; April 27, 2021, read first time and referred to Committee on Local Government; May 19, 2021, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 19, 2021, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 2225 By: Eckhardt

A BILL TO BE ENTITLED

AN ACT

relating to the Cottonwood Creek Development District, the district's authority to issue bonds, and the district's authority to impose assessments, fees, and taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The district created by Travis County as the Cottonwood Creek Water Control and Improvement District No. 3 is renamed the Cottonwood Creek Development District.

SECTION 2. Subtitle X, Title 6, Special District Local Laws Code, is amended by adding Chapter 11016 to read as follows:

CHAPTER 11016. COTTONWOOD CREEK DEVELOPMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 11016.0101. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "County" means Travis County.

(3) "Director" means a board member.

(4) "District" means the Cottonwood Creek Development District.

Sec. 11016.0102. NATURE OF DISTRICT. The Cottonwood Creek Development District is a special district created under Section 59, Article XVI, Texas Constitution.

Sec. 11016.0103. PURPOSE; DECLARATION OF INTENT. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter.

(b) By creating the district and in authorizing the county and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.

(c) The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.

(d) This chapter and the creation of the district may not be interpreted to relieve the county from providing the level of services provided as of the effective date of the Act enacting this chapter to the area in the district. The district is created to supplement and not to supplant county services provided in the district.

Sec. 11016.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.

(b) The district is created to serve a public use and benefit.

(c) The creation of the district is in the public interest and is essential to further the public purposes of:

(1) developing and diversifying the economy of the state;

(2) eliminating unemployment and underemployment; and

(3) developing or expanding transportation and commerce.

(d) The district will:

(1) promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;

(2) provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center;

(3) promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty; and

(4) provide for water, wastewater, drainage, road, and recreational facilities for the district.

(e) Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.

(f) The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.

Sec. 11016.0105. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 3 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 3 of the Act enacting this chapter form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bonds for the purposes for which the district is created or to pay the principal of and interest on the bonds;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. 11016.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All or any part of the area of the district is eligible to be included in:

(1) a tax increment reinvestment zone created under Chapter 311, Tax Code; or

(2) a tax abatement reinvestment zone created under Chapter 312, Tax Code.

Sec. 11016.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.

Sec. 11016.0108. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 11016.0201. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 11016.0202. IMPROVEMENT PROJECTS AND SERVICES. (a) The district, using any money available to the district for the purpose, may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter or Chapter 375, Local Government Code.

(b) The district may contract with a governmental or private entity to carry out an action under Subsection (a).

(c) The implementation of a district project or service is a governmental function or service for the purposes of Chapter 791, Government Code.

Sec. 11016.0203. NONPROFIT CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered to be a local government corporation created under Subchapter D, Chapter 431, Transportation Code; and

(2) may implement any project and provide any service authorized by this chapter.

(c) The board shall appoint the board of directors of the nonprofit corporation. The board of directors of the nonprofit corporation shall serve in the same manner as the board of directors of a local government corporation created under Subchapter D, Chapter 431, Transportation Code, except that a board member is not required to reside in the district.

Sec. 11016.0204. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with a qualified party, including the county, to provide law enforcement services in the district for a fee.

Sec. 11016.0205. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose.

Sec. 11016.0206. ECONOMIC DEVELOPMENT PROGRAMS. (a) The district may engage in activities that accomplish the economic development purposes of the district.

(b) The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

(c) The district may create economic development programs and exercise the economic development powers provided to municipalities by:

(1) Chapter 380, Local Government Code; and

(2) Subchapter A, Chapter 1509, Government Code.

Sec. 11016.0207. PARKING FACILITIES. (a) The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets and related appurtenances.

(b) The district's parking facilities serve the public purposes of the district and are owned, used, and held for a public purpose even if leased or operated by a private entity for a term of years.

(c) The district's parking facilities are parts of and necessary components of a street and are considered to be a street or road improvement.

(d) The development and operation of the district's parking facilities may be considered an economic development program.

Sec. 11016.0208. ADDING OR EXCLUDING LAND. The district may add or exclude land in the manner provided by Subchapter J, Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code.

Sec. 11016.0209. DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of district money.

Sec. 11016.0210. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

SUBCHAPTER C. ASSESSMENTS

Sec. 11016.0301. PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.

(b) A petition filed under Subsection (a) must be signed by the owners of a majority of the assessed value of real property in the district subject to assessment according to the most recent certified tax appraisal roll for the county.

Sec. 11016.0302. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district.

(b) An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:

(1) are a first and prior lien against the property assessed;

(2) are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and

(3) are the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.

(c) The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.

SUBCHAPTER D. TAXES AND BONDS

Sec. 11016.0401. TAX ELECTION REQUIRED. The district must hold an election in the manner provided by Chapter 49, Water Code, or, if applicable, Chapter 375, Local Government Code, to obtain voter approval before the district may impose an ad valorem tax.

Sec. 11016.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election under Section 11016.0401, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by Section 49.107, Water Code, for any district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b) The board shall determine the operation and maintenance tax rate. The rate may not exceed the rate approved at the election.

Sec. 11016.0403. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms determined by the board.

(b) The district may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose.

(c) The limitation on the outstanding principal amount of bonds, notes, or other obligations provided by Section 49.4645, Water Code, does not apply to the district.

Sec. 11016.0404. BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS. The district may issue, without an election, bonds secured by:

(1) revenue other than ad valorem taxes, including contract revenues; or

(2) contract payments, provided that the requirements of Section 49.108, Water Code, have been met.

Sec. 11016.0405. BONDS SECURED BY AD VALOREM TAXES; ELECTIONS. (a) If authorized at an election under Section 11016.0401, the district may issue bonds payable from ad valorem taxes.

(b) Section 375.243, Local Government Code, does not apply to the district.

(c) At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

(d) All or any part of any facilities or improvements that may be acquired by a district by the issuance of its bonds may be submitted as a single proposition or as several propositions to be voted on at the election.

Sec. 11016.0406. CONSENT OF MUNICIPALITY REQUIRED. (a) The board may not issue bonds until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.

(b) This section applies only to the district's first issuance of bonds payable from ad valorem taxes.

SUBCHAPTER I. DISSOLUTION

Sec. 11016.0901. DISSOLUTION. (a) The board shall dissolve the district on written petition filed with the board by the owners of:

(1) 66 percent or more of the assessed value of the property subject to assessment by the district based on the most recent certified county property tax rolls; or

(2) 66 percent or more of the surface area of the district, excluding roads, streets, highways, utility rights-of-way, other public areas, and other property exempt from assessment by the district according to the most recent certified county property tax rolls.

(b) The board by majority vote may dissolve the district at any time.

(c) The district may not be dissolved by its board under Subsection (a) or (b) if the district:

(1) has any outstanding bonded indebtedness until that bonded indebtedness has been repaid or defeased in accordance with the order or resolution authorizing the issuance of the bonds;

(2) has a contractual obligation to pay money until that obligation has been fully paid in accordance with the contract; or

(3) owns, operates, or maintains public works, facilities, or improvements unless the district contracts with another person for the ownership, operation, or maintenance of the public works, facilities, or improvements.

(d) Sections 375.261, 375.262, and 375.264, Local Government Code, do not apply to the district.

SECTION 3. The Cottonwood Creek Development District initially includes all territory contained in the following area: LEGAL DESCRIPTION OF TRACT 1: BEING A 333.016 ACRE TRACT OF LAND LYING IN AND BEING SITUATED OUT OF THE JOHN B. WALTERS 1/2 LEAGUE, ABSTRACT 67, ALL IN BASTROP COUNTY, TEXAS AND ALL OF THAT CERTAIN 332.16 ACRE TRACT OF LAND CONVEYED TO DAVID C. McFARLAND AND WIFE, ANN L. McFARLAND AND TO JOHN B. McFARLAND AND WIFE, JILL S. McFARLAND BY DEED RECORDED IN VOLUME 1591, PAGE 792, OF THE DEED RECORDS OF BASTROP COUNTY, TEXAS; SAID 333.016 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at an 1/2" iron rod set in the southwesterly right-of-way (80') line of F.M. Highway 969 for the east corner hereof and said 332.16 acre tract and the north corner of that certain 120.411 acre tract of land conveyed to Gladys Ott Smith by will recorded in Volume 1167, Page 332 of said deed records; THENCE S 29°36'25" W, passing an iron rod set for reference at a distance of 1892.00 feet, passing an iron rod set for reference at a distance of 2339.00 feet, passing an iron rod set for reference at a distance of 7995.00 feet and continuing for a total distance of 8338.55 feet to a calculated point at the bank of the Colorado River for the southerly corner hereof: THENCE upstream with the bank of the Colorado River the following ten (10) calls: 1. S. 68°05'46" W a distance of 15.71 feet; 2. S 70°41'19" W a distance of 210.13 feet; 3. S 72°18'11" W a distance of 319.41 feet; 4. S 76°33'49" 5. S 75°1 902" 6. S 72°1 5'30" 7. S 76°40'54" 8. S 74°29'04" 9. N 89°26'l 6" 10. N 77°18'06" W a distance of 234.11 feet to the westerly corner of said 332.19 acre tract and the southerly corner of that certain 730.604 acre tract of land conveyed to David McFarland and Ann L. McFarland by deed recorded in Volume 802, Page 648 of said deed records; THENCE with the common line of said tracts the following eleven (11) calls; 1. N 22°14'26" E a distance of 150.57 feet to an angle point; 2. N 30°58'19" E a distance of 512.26 feet to an angle point; 3. N 28°40'38" E a distance of 661.87 feet to an angle point; 4. N 31°34'34" E a distance of 356.38 feet to an angle point; 5. N 30°15'17" E a distance of 1609.17 feet to an angle point; 6. N 30°08'09" E a distance of 956.68 feet to an angle point; 7. N 30°19'48" E a distance of 1602.84 feet to an angle point; 8. N 30°37'25" E a distance of 1614.59 feet to an angle point; 9. N 30°44'51" E a distance of 1726.19 feet to an angle point; 10. N 30°02'04" E a distance of 412.63 feet to an angle point; 11. N 31°06'04" E a distance of 764.32 feet to a point on the curving southwesterly right-of-way (80') line of F.M. Highway 969 for the northerly corner hereof and easterly corner of said 730.604 acre tract; THENCE along said right-of-way line the following three (3) calls: 1. a length of 302.29 feet along the arc of said curving line to the left having a radius of 2905.07 feet and a chord bearing S 35°40'17" E a distance of 302.16 feet to an iron rod set for endpoint; 2. S 38°27'50" E a distance of 670.86 feet to a concrete right-of-way monument found (broken) for angle point; 3. S 38°24'38" E a distance of 609.51 feet to the POINT OF BEGINNING for TRACT 1, containing 333.016 acres of land, more or less. LEGAL DESCRIPTION OF TRACT 2: BEING A 712.931 ACRE TRACT OF LAND LYING IN AND BEING SITUATED OUT OF THE MARTIN WELLS LEAGUE, ABSTRACT 68 AND THE JOHN B. WALTERS 1/2 LEAGUE, ABSTRACT 67, ALL IN BASTROP COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 730.604 ACRE TRACT OF LAND CONVEYED TO DAVID McFARLAND AND ANN L. McFARLAND BY DEED RECORDED IN VOLUME 802, PAGE 648 OF THE DEED RECORDS OF BASTROP COUNTY, TEXAS; SAID 712.931 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at an iron rod set on the southwesterly right-of-way (100') line of F.M. Highway 969 for the northerly corner hereof and said 730.604 acre tract and the easterly corner of that portion of that certain 568.24 acre tract of land, lying southwesterly of F.M. Highway 969, conveyed to James Robert Glass by deed recorded in Volume 815, Page 212 of said deed records; THENCE along said right-of-way line the following three (3) calls: 1. S 42°03'46" E a distance of 604.42 feet to a concrete right-of-way monument found for point of curvature of a curve to the right; 2. a length of 1150.28 feet along the arc of said curve having a radius of 2242.02 feet and a chord bearing S 27°19' 52" E a distance of 1137.70 feet to a concrete right-of-way monument found for endpoint; 3. S 12°40'40" E a distance of 434.98 feet to an iron rod set for corner; THENCE S 65°24'48" W a distance of 1035.58 feet to an iron rod set for angle point; THENCE S 06°51 '23" W a distance of 137.70 feet to an iron rod set for angle point; THENCE S 40°04'29" E a distance of 848.49 feet to an iron rod set for corner; THENCE N 58°13'34" E a distance of 718.24 feet to an iron rod set for corner on the curving southwesterly right-of-way (80') line of F.M. Highway 969; THENCE an arc length of 973.80 feet along said curving line to the left having a radius of 2905.07 feet and a chord bearing S 23°05'15" E, a distance of 969.24 feet a point for the easterly corner hereof and said 730.604 acre tract and the northerly corner of that certain 332.16 acre tract of land conveyed to David McFarland and Ann L. McFarland by deed recorded in Volume 1591, Page 792 of said deed records; THENCE with the southeasterly line of said 730.604-acre tract and the northwesterly line of said 332.16-acre tract the following eleven (11) calls; 1. S 31°06'04" E a distance of 764.32 feet to an angle point; 2. S 30°02'04" W a distance of 412.63 feet to an angle point; 3. S 30°44'51" W a distance of 1726.19 feet to an angle point; 4. S 30°37'25" W a distance of 1614.59 feet to an angle point; 5. S 30°19'48" W a distance of 1602.84 feet to an angle point; 6. S 30°08'09" W a distance of 956.68 feet to an angle point; 7. S 30°15'17" W a distance of 1609.17 feet to an angle point; 8. S 31°34'34" W a distance of 356.38 feet to an angle point; 9. S 28°40'38" W a distance of 661.87 feet to an angle point; 10. S 30°58'19" W a distance of 512.26 feet to an angle point; 11. S 22°14'26" W a distance of 150.57 feet to a calculated point on the bank of the Colorado River for the southerly corner of said 730.604 acre tract and westerly corner of said 332.16 acre tract; THENCE upstream with the bank of the Colorado River the following six (6) calls: 1. N 24°20'08" W a distance of 106.90 feet; 2. N 32°30'02" W a distance of 142.41 feet; 3. N 42°12'30" W a distance of 150.29 feet; 4. N 43°37'12" W a distance of 118.46 feet; 5. N 51°30'51" W a distance of 307.97 feet; 6. N 60°48'22" W a distance of 134.11 feet; THENCE along an oxbow of said river and a common line with that certain 568.24-acre tract of land conveyed to James Robert Glass by deed recorded in Volume 815, Page 212 of said deed records the following eighteen (18) calls: 1. N 11°25'33" E a distance of 167.37 feet to a 1/2" iron rod found for angle point; 2. N 10°14'33" E a distance of 144.86 feet to a 1/2" iron rod found for angle point; 3. N 18°36'33" E a distance of 141.53 feet to an iron rod set for angle point; 4. N 20°25'26" E a distance of 46.08 feet to a 1/2" iron rod found for angle point; 5. N 26°58'14" E a distance of 221.23 feet to a 1/2" iron rod found for angle point; 6. N 23°58'15" E a distance of 41.71 feet to a 1/2" iron rod found for angle point; 7. N 22°13'48" E a distance of 139.29 feet to an iron rod set for angle point; 8. N 13°07'49" E a distance of 258.86 feet to an iron rod set for angle point; 9. N 39°28'49" E a distance of 177.48 feet to a 1/2" iron rod found for angle point; 10. N 23°04'49" E a distance of 204.45 feet to a 1/2" iron rod found for angle point; 11. N 19°53'17" E a distance of 319.35 feet to a 1/2" iron rod found for angle point; 12. N 01°14'18" W a distance of 341.43 feet to a 1/2" iron rod found for angle point; 13. N 16°16'05" W a distance of 725.25 feet to a 1/2" iron rod found for angle point; 14. N 26°04'05" W a distance of 363.54 feet to an iron rod set for angle point; 15. N 31°08'03" W a distance of 99.92 feet to a 1/2" iron rod found for angle point; 16. N 50°26'16" W a distance of 406.32 feet to a 1/2" iron rod found for angle point; 17. N 53°23'21" W a distance of 60.55 feet to a 1/2" iron rod found for angle point; 18. N 15°56'53" W a distance of 50.48 feet to a 1/2" iron rod found for a westerly corner hereof and said 730.604 acre tract; THENCE with the northwest line hereof and said 730.604-acre tract, common with said Glass tract the following eighteen (18) calls: 1. N 29°33'10" E a distance of 340.46 feet to a 1/2" iron rod found for angle point; 2. N 29°53'53" E a distance of 1549.29 feet to an iron rod set for angle point; 3. N 29°38'56" E a distance of 1707.39 feet to an iron rod set for angle point; 4. N 29°27'56" E a distance of 1615.65 feet to an iron rod set for angle point; 5. N 28°58'56" E a distance of 633.34 feet to a nail in 16" Elm tree found for angle point; 6. N 29°21'56" E a distance of 493.44 feet to a 1/2" iron rod found for angle point; 7. N 27°30'16" E a distance of 75.97 feet to an iron rod set for angle point; 8. N 29°29'31" E a distance of 302.68 feet to a 1/2" iron rod found for angle point; 9. N 29°55'31" E a distance of 204.28 feet to a 1/2" iron rod found for angle point; 10. N 29°17'08" E a distance of 730.72 feet to a 1/2" iron rod found for angle point; 11. N 29°37'10" E a distance of 606.68 feet to a 1/2" iron rod found for angle point; 12. N 33°36'44" E a distance of 118.26 feet to a 1/2" iron rod found for angle point; 13. N 28°49'08" E a distance of 135.05 feet to a 1/2" iron rod found for angle point; 14. N 28°37'00" E a distance of 461.78 feet to a 1/2" iron rod found for angle point; 15. N 26°13'03" E a distance of 92.86 feet to a 1/2" iron rod found for angle point; 16. N 40°13'32" E a distance of 46.46 feet to a nail found in 4" Elm tree for angle point; 17. N 62°33'46" E a distance of 73.21 feet to a nail found in 9" Elm tree for angle point; 18. N 28°19'46" E a distance of 388.67 feet to the POINT OF BEGINNING of TRACT 2, containing 712.931 acres of land, more or less. LEGAL DESCRIPTION OF TRACT 3: BEING AN 18.846 ACRE TRACT OF LAND LYING IN AND BEING SITUATED OUT OF THE MARTIN WELLS LEAGUE, ABSTRACT 68 AND THE JOHN B. WALTERS 1/2 LEAGUE, ABSTRACT 67, ALL IN BASTROP COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 730.604 ACRE TRACT OF LAND CONVEYED TO DAVID C. McFARLAND AND ANN L. McFARLAND BY DEED RECORDED IN VOLUME 802, PAGE 648 OF THE DEED RECORDS OF BASTROP COUNTY, TEXAS; SAID 18.846 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at an iron rod set on the southwesterly right-of-way (100') line of F.M. Highway 969 for the northerly corner hereof and said 730.604 acre tract and the easterly corner of that portion of that certain 568.24 acre tract of land, lying southwesterly of F.M. Highway 969, conveyed to James Robert Glass by deed recorded in Volume 815, Page 212 of said deed records; THENCE along said right-of-way line the following three (3) calls: 1. S 42°03'46" E a distance of 604.42 feet to a concrete right-of-way monument found for point of curvature of a curve to the right; 2. a length of 1150.28 feet along the arc of said curve having a radius of 2242.02 feet and a chord bearing S 27°19'52" E a distance of 1137.70 feet to a concrete right-of-way monument found for endpoint; 3. S 12°40'40" E a distance of 434.98 feet to an iron rod set for the POINT OF BEGINNING and northerly corner of the herein described 18.846 acre tract; THENCE continuing with said right-of-way line the following four (4) calls: 1. S 12°40'40" E a distance of 378.84 feet to a concrete monument found for an ell corner; 2. N 79°35'25" E a distance of 9.76 feet to a concrete monument found for an ell corner; 3. S 12°38'54" E a distance of 439.50 feet to a concrete right-of-way monument found for the beginning of a curve to the left; 4. an arc length of 43.09 feet along said curve to the left having a radius of 2905.07 feet and a chord bearing S 13°03'34" E, a distance of 43.09 feet to a 1/2" iron rod set for the easterly corner hereof; THENCE crossing said 730.604-acre tract the following four (4) calls: 1. S 58°13'34" W a distance of 718.24 feet to a 1/2" iron rod set for the southerly corner hereof; 2. N 40°04'29" W a distance of 848.49 feet to a 1/2" iron rod set for angle point; 3. N 06°51'23" E a distance of 137.70 feet to a 1/2" iron rod set for angle point; 4. N 65°24'48" E a distance of 1035.58 feet to the POINT OF BEGINNING, containing 18.846 acres of land, more or less. LEGAL DESCRIPTION OF TRACT 4: BEING A 412.010 ACRE TRACT OR PARCEL OF LAND OUT OF AND BEING A PART OF THE JOHN JONES SURVEY, A-210, IN BASTROP COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT SAID TO CONTAIN 164 ACRES IN A DEED FROM MELBA L. SIMIELE TO BYRON H. SIMIELE, DATED MAY 20, 2003, RECORDED IN VOLUME 1333, PAGE 739, BASTROP COUNTY DEED RECORDS; BEING A PART OF THAT CERTAIN 49.496 ACRE TRACT DESCRIBED IN A DEED FORM BILLIE JEAN KRYNIK, ET AL, TO MICKEY J. MALONE AND WIFE, VALERIE L. MALONE, RECORDED IN VOLUME 722, PAGE 560, BASTROP COUNTY DEED RECORDS AND BEING ALL THAT CERTAIN 5.949 ACRE TRACT DESCRIBED IN A DEED FROM CHARLES BERT CARLISLE, ET UX, TO MICKEY J. MALONE, ET UX, RECORDED IN VOLUME 775, PAGE 611, BASTROP COUNTY DEED RECORDS AND BEING ALL OF THAT CERTAIN 185.027 ACRE TRACT DESCRIBED IN A DEED FROM CHARLES BERT CARLISLE AND WILE, BENNIE R. CARLISLE, TO JOHN SABOL AND PRISCILLA BOHOT, RECORDED IN VOLUME 1394, PAGE 695, BASTROP COUNTY DEED RECORDS. SAID 164 ACRE TRACT UPON RE-SURVEY FOUND TO CONTAIN 177.476 ACRES AND SAID MALONE 5.949 ACRE AND 49.496 ACRE RESIDUE TRACT UPON RE-SURVEY FOUND TO CONTAIN 49.496 ACRES. SAID 185.027 ACRE TRACT BEING A PART OF THAT CERTAIN 166.578 ACRE TRACT AND ALL OF THAT CERTAIN 4.027 ACRE TRACT DESCRIBED IN A RECEIVERS DEED TO CHARLES BERT CARLISLE, ET UX, RECORDED IN VOLUME 677, PAGE 553, BASTROP COUNTY DEED RECORDS AND PART OF THAT CERTAIN 13.637 ACRE TRACT DESCRIBED IN A DEED FROM BILLIE JEAN SMITH KRYNIK, ET AL, TO CHARLES BERT CARLISLE, ET UX, RECORDED IN VOLUME 722, PAGE 571, BASTROP COUNTY DEED RECORDS AND ALL THAT CERTAIN 5.949 ACRE TRACT DESCRIBED IN A DEED FROM MICKEY J. MALONE, ET UX, TO CHARLES BERT CARLISLE, ET UX, RECORDED IN VOLUME 775, PAGE 620, BASTROP COUNTY DEED RECORDS. SAID SABOL 185.027 ACRE TRACT BEING RE-SURVEY BY THE UNDERSIGNED INTO TWO TRACTS OF 181.041 ACRES AND 4.027 ACRES. HEREIN DESCRIBED TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 5/8 inch iron rod set on the low bank of the Colorado River, the most westerly corner of that certain 18.59 acre tract described In a deed from the Veteran's Land Board of Texas to Kendall S. Thomas, et al, recorded In Volume 1224, Page 865, Bastrop County Deed Records for the most northerly corner of this tract and surveyed 177.476 acre tract. THENCE with the southwest line of the Thomas 18.59 acre tract, S 42 deg. 32 min 19 sec. E, at 179.77 feet pass a 5/8 inch iron rod set for reference at a fence post, in al1 1092.23 feet to a 60d nail set In S fence corner post, an angle corner of the Thomas 18.59 acre tract and north corner of that certain 16.55 acre tract described in a deed from the Veteran's Land Board of Texas to Kendall S. Thomas, et al, recorded in Volume 729, Page 359, Bastrop County Deed Records For the east or southeast corner of this tract and surveyed 177.476 acre tract. THENCE with the north or northwest line of the Thomas 16.55 acre tract and south line of the: 177.476 acre tract, S 60 deg. 41 min. 53 sec. W, 828.24 feet to the west or northwest corner of same, an axle found at a fence corner, the north or northeast corner of that certain 39.981 acre tract described in a deed from Kimberly Waynell Hock, et ux, to R.L. Wyatt, III, recorded in Volume 1147, Page 235, Bastrop County Deed Records for an angle corner of this tract. THENCE with the north line of the Wyatt 39.981 acre tract and south line of the 177.476 acre tract, S 61 deg. 04 min. 05 sec. W, 1559.23 feet to the northwest corner of same, a 5/8 inch iron rod round at a fence corner, the northeast corner of that certain 49.496 acre tract described in a deed from Billie Jean Smith Krynik et aI, to Mickey J. Malone, et ux, recorded In Volume 722, Page 560, Bastrop County Deed Records for an interior corner of this tract. THENCE with the southwest line of the Wyatt 39.981 acre tract and northeast line of the 49.496 acre tract, S 41 deg. 47 min. 56 sec. E, 1318.00 feet to a 5/8 inch iron rod found at a fence corner in the northwest line of Pope Bend Road, the east corner of the Malone tract for an angle corner of this tract. THENCE with the northwest line of Pope Bend Road and southeast line of said 49.496 acre tract, S 48 deg. 15 mm. 21 sec. W, 1452.65 feet to a 5/8 inch iron rod found near a fence corner, the east corner of the before mentioned 5.949 acre tract described in a deed from Mickey J. Malone, et ux, to Charles Bert Carlisle, the east corner of the before mentioned 185.027 acre tract, the surveyed Malone 49.496 acre tract for an angle corner of this tract. THENCE with the northwest line of Pope Bend Road and southeast line of the Carlisle 5.949 acre and before mentioned 166.578 acre tract, S 48 deg. 15 min. 21 sec. W, 379.14 feet to a 5/8 inch iron rod found at the south corner of the 5.949 acre tract and east corner of the 166.578 acre tract, continuing S 47 deg. 04 min. 50 sec. W, 512.00 feet; S 48 deg. 31 mm. 24 sec. W, 1087.00 feet to a 5/8 inch iron rod found at the east corner of that certain 125.364 acre tract described In a deed from the Estate of James C. Walker to Robbie R. Raemsch, et ux, recorded in Volume 677, Page 571, Bastrop County Deed Records, the most easterly south corner of the 166.578 acre tract and surveyed 181.041 acre tract for the most easterly south corner of this tract. THENCE with the northeast line of the Raemsch 125.364 acre tract and lower southwest line of the 166.578 acre tract, N 42 deg. 15 min. 18 sec. W, 2131.96 feet to a leaf spring found at a fence corner, the north corner of the Raemsch 125.369 acre tract, an interior corner of the 166.578 acre tract and surveyed 181.041 acre tract for an interior corner of this tract. THENCE with the northwest line of the Raemsch 125.364 acre tract, an upper southeast line of the 166.578 acre tract, S 47 deg. 40 min. 57 sec. W, 2457.09 feet to a 5/8 inch iron rod found where same intersects the center of a Ravine, an angle corner of that certain 89.704 acre tract described in a deed form James Borglum to Julie Salem, recorded in Volume 709, Page 378, Bastrop County Deed Records, the most westerly south corner of the said 166.578 acre tract and surveyed 181.041 acre tract, the most westerly south corner of this tract from which a 5/8 inch iron rod found at the west corner of the Raemsch tract bears S 47 deg. 40 min. 57 sec. W, 80.04 feet. THENCE with the center of said ravine, the east line of the Salem 89.704 acre tract and west line of the 166.578 acre tract, N 12 deg. 00 mm. 12 sec. E, 165.53 feet to a 1/2 inch iron rod found; N 22 deg. 30 min. 40 sec. W, 43.05 feet to a 1/2 inch iron rod found; N 04 deg. 30 min. 46 sec. E, 30.91 feet to a 1/2 inch iron rod found; N 46 deg. 54 min. 46 sec. W, 78.48 feet to a 1/2 inch iron rod found; N 15 deg. 28 min. 03 sec. W, 59.77 feet to a 1/2 inch iron rod found; N 59 deg. 43 mm. 17 sec. W, 41.43 feet to a 1/2 inch iron rod found; N 08 deg. 08 min. 31 sec. W, 54.50 feet to a 1/2 inch iron rod found; N 75 deg. 55 mm. 10 sec. W, 74.92 feet to a 1/2 inch iron rod found; N 02 deg. 48 min. 33 sec. W, 45.72 feet to a 1/2 inch iron rod found; N 66 deg. 53 min. 01 sec. W, 37.12 feet to a 1/2 inch iron rod found; N 01 deg. 33 min. 05 sec. W, 69.78 feet to a 1/2 inch iron rod found; N 28 deg. 04 min. 35 sec. W, 80.75 feet to a 1/2 inch iron rod found; N 13 deg. 19 min. 12 sec. W, 148.84 feet to a 1/2 inch iron rod found; N 09 deg. 25 min. 37 sec. E, 89.94 feet to a 1/2 inch iron rod found; N 29 deg. 42 min. 15 sec. W, 49.86 feet to a 1/2 inch iron rod found; N 08 deg. 21 min. 56 sec. E, 53.01 feet to a 1/2 inch iron rod found; N 38 deg. 54 min. 37 sec. W, 69.96 feet to a 1/2 inch iron rod found; N 08 deg. 08 min. 10 sec. E, 95.86 feet to a 1/2 inch iron rod found; N 25 deg. 10 min. 40 sec. W, 110.34 feet to a 1/2 inch iron rod found; N 08 deg. 05 min. 00 sec. E, 134.44 feet to a 1/2 inch iron rod found; N 19 deg. 35 min. 44 sec W, 91.54 feet to a 1/2 inch iron rod found; N 34 deg. 23 mm. 34 sec. E, 60.04 feet to a 1/2 inch iron rod found where same intersects the center of another ravine, an interior corner of the Salem 89.704 acre tract, an angle corner of the said 166.578 acre tract for an angle corner of this tract. THENCE with the center of the last mentioned ravine, N 60 deg. 44 min. 09 sec. E, 97.04 feet to a point for an angle corner of this tract. THENCE leaving said ravine with the common line of the Salem 87.704 acre tract and said 166.578 acre tract, S 67 deg. 40 min. 43 sec. E, 203.24 feet to a 60d nail found in a fence corner post; S 68 deg. 20 min. 19 sec. E, 98.21 feet to a 60d nail found in a 14 inch hackberry; S 85 deg. 32min. 18 sec. E, 61.46 feet to a 60d nail found in a fence corner post; S 72 deg. 12 min. 13 sec. E, 134.57 feet to a 1/2 inch iron rod found; N 83 deg. 26 min. 21 sec. E, 173.40 feet to a 1/2 inch iron rod found; N 25 deg. 46 min. 17 sec. E, 308.95 feet to a fence angle post; N 13 deg. 03 min. 57 sec. E, 297.18 feet to a 4 inch mesquite; N 01 deg. 02 mm. 30 sec. E, 74.39 feet to a 60d nail found in a 20 inch cedar; N 01 deg. 10 min. 52 sec. W, 235.42 feet to a 60d nail found in a fence post; N 45 deg. 05 min. 55 sec W, 40.51 feet to a 60d nail found in a fence post; N 30 deg. 30 min. 06 sec. E, 45.20 feet to a 60d nail found In a fence post; N 10 deg. 08 min. 13 sec. W, 267.96 feet to a fence post; N 03 deg. 23 min. 01 sec. W, 93.78 feet to a 60d nail found in a fence post; N 10 deg. 08 min. 13 sec. W, 267.96 feet to a fence post; N 03 deg. 23 min. 01 sec, W, 93.78 feet to a 60d nail found in a 6 inch elm; N 22 deg. 11 min. 08 sec, 75.45 feet to a 60d nail found in a fence post; N 01 deg. 42 min. 11 sec. E, 231.59 feet to a 60d nail found In a 10 inch elm; N 03 deg. 57 min. 45 sec. W, 47.13 feet to a 60d nail found in a 10 inch elm; N 02 deg. 02 min. 04 sec. F, 91.46 feet to a 5/8 inch iron rod found where same intersects the old down fence for an angle corner of this tract. Said point being the southwest corner of the before mentioned 4.027 acre tract. THENCE with a fence line along the west line of the 4,027 acre tract, N 02 deg. 02 min. 04 sec. E, 49.63 feet to a 1/2 inch iron rod found at a fence corner; N 47 deg. 26 min. 38 sec. E, 178.31 feet to a 1/2 inch iron rod found at a fence corner; N 42 deg. 36 min. 35 sec. E, 38.12 feet to a 1/2 inch iron rod found; N 07 deg. 24 min. 36 sec. E, 69.00 feet to a 1/2 inch iron rod found; N 13 deg. 13 min. 12 sec. W, 110.47 feet to a 1/2 inch iron rod found; N 10 deg. 21 min. 49 sec. W, 59.80 feet to a 1/2 iron rod found; N 08 deg. 32 min. 11 sec. W, 71.23 feet to a 1/2 inch iron rod found; N 22 deg. 06 min. 13 sec. W, 23.98 feet to a 1/2 inch iron rod found; N 07 deg. 49 min. 15 sec. W, 21.29 feet to a 1/2 inch iron rod found; N 07 deg. 50 min. 11 sec. E, 150.09 feet to a 1/2 inch iron rod found at a fence corner for the northwest corner of this tract. THENCE continuing with said fence along the north line of said 4,027 acre tract, S 59 deg. 59 min. 10 sec. E, 75.63 feet to a 60d nail found at a 6 inch elm; S 68 deg. 52 min. 32 sec. E, 117.17 feet to a 60d nail found at a 12 inch elm; N 85 deg. 11 min. 47 sec. E, 207.14 feet to a 60d nail found at a 40 inch elm; N 63 deg. 28 min. 45 sec. E, 114.94 feet to a 5/8 inch iron rod found for the low bank of the Colorado River for an angle corner of this tract. THENCE with the meanders of the low bank of the Colorado River, S 81 deg. 50 min. 32 sec. F, 179.25 feet; S 82 deg. 31 min. 26 sec. E, 113.09 feet to a 1/2 inch iron rod found at the east corner of the said 4.027 acre tract common with a corner of the 166.578 acre and surveyed 181.041 acre tract. THENCE continuing with the meanders of the low bank of the Colorado River and a north line of the 166.578 acre and 181.041 acre tract, S 82 deg. 31 min. 26 sec. E, 67.07 feet to a point; S 87 deg. 11 min. 45 sec. E, 64.40 feet to a point where same intersects the center of a Ravine known as Hatherly-Walker Branch, the northwest corner of the before mentioned 177.476 acre tract, the northeast corner of the 166.578 acre and 181.041 acre tract for an angle corner of this tract. THENCE with the meanders of the low bank of the Colorado River, N 80 deg. 52 min. 27 sec. E, 421.79 feet; N 72 deg. 49 min. 27 sec. E, 1441.81 feet; N 65 deg. 52 min. 11 sec. E, 1610.22 feet; N 76 deg 02 mm. 07 sec. E, 975.77 feet; N 67 deg. 10 min. 12 sec. E, 510.12 feet to the POINT OF BEGINNING, containing 412.040 acres of land. LEGAL DESCRIPTION OF TRACT 4: All that certain tract or parcel of land situated in the Solomon Duty Survey, A-29 in Bastrop County, Texas and being all of a 38.75 acre tract, a 40.00 acre tract, and a 25.07 acre tract conveyed to LeAnna H. .Johnson by deed recorded as Document #201102644 of the Official Public Records of Bastrop County, Texas and being more particularly described as follows: BEGINNING at an iron pin found on the curving South line of F.M. #969. in the East corner of a 12.055 acre tract conveyed to Britt Stewart et ux by Document #201605535 of the above mentioned Official Records, for the North corner of the above mentioned 25.07 acre tract and the North corner of this tract. THENCE with the arc of the said curve, to the left, 202.18 feet, said curve having a radius of 619.77 feet, a central angle of 18°41 ' 29'', and a sub-chord which bears N 80"43'08"E 201.29 feet to an iron pin found in the West corner of a 11.00 acre tract conveyed to W.T. McPherson in Volume 641, Page 500 of the Deed Records of Bastrop County, Texas for the Northeast corner of the said 25.07 acre tract and the Northeast corner of this tract. THENCE with the Southwest line of the above mentioned 11.00 acre tract and the Northeast line of the said 25.07 acre tract and the above mentioned 40.00 acre tract for the following four (4) courses: 1. S 20°27'07"E 142.71 feet to an iron pin found for an angle point. 2. S 60°11'03"E 563.67 feet to an iron pin found for an ell corner. 3. S 29°44'37"W 312.46 feet to an iron pin found for an ell corner 4. S 59°4 l '40"E 1371.57 feet to an iron pin found on the Northwest line of a 190.03 acre tract conveyed to Riorado, Ltd. in Volume 1061, Page 413 of the above mentioned Deed Records, in the South corner of the said 11.00 acre tract and the East corner of the said 40.00 acre tract for the East corner of this tract. THENCE S 29°20'30"W 1636.80 feet to an iron pipe found in the West corner of the above mentioned 190.03 acre tract and the North corner of a 100.0 acre tract conveyed to B.P. Bearden et ux in Volume 738, Page 669 of the said Deed Records of Bastrop County, Texas for an angle point of this tract. THENCE S 29°23'06"W with the Northwest line of the above mentioned 100.0 acre tract 621.62 feet to an iron pin found on the Northeast line of Watersedge Terrace as set out on the plat of Lazy River Acres recorded in Cabinet 1, Slide 50A of the Plat Records of Bastrop County. Texas. for the South corner of the said 40.00 acre tract and the South corner of this tract. THENCE with the Northeast right-of-way line of Watersedge Terrace for the following six courses: 1. N 59°40'37"W 640,28 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 315.50 feet and a central angle of 27°55'31". 2. THENCE with the arc of the said curve 153.77 feet the long chord of which bears N 45°36'02"W 152.25 feet to an iron pin found for the West corner of the said 40.00 acre tract and the South corner of the above mentioned 38.75 acre tract for the PT of the said curve. 3. THENCE N 32°02'38"W 628.66 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 1,218.51 feet and a central angle of 18°48'00", 4. THENCE with the arc of the said curve 399.82 feet the long chord of which bears N 22°36'34"W 398,03 feet to an iron pin set for the PT of the said curve, 5. THENCE N 13°12'34"W 397.00 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 1179,50 feet and a central angle of 16°58'29". 6. with the arc of the said curve 349.45 feet the long chord of which bears N 21°48'52"W 348.17 feet to an iron pin found in the South corner of the above mentioned 12.055 acre tract and the West corner of the said 38,75 acre tract, for the West corner of this tract. THENCE N 29°05'20" E 1457.36 feet to the POINT OF BEGINNING containing 103.852 acres of land. more or less. LEGAL DESCRIPTION OF TRACT 5: Lot 4, TOWERING OAKS ESTATES TWO, a subdivision in Bastrop County, Texas, according to the map or plat of record in Plat Cabinet No. 3, Page 151B, Plat Records of Bastrop County, Texas as described in deed recorded in Volume 1647, Page 842, Official Records, Bastrop County, Texas. Ratification of Plat recorded in Volume 986, Page 321, Official Records of Bastrop County, Texas. LEGAL DESCRIPTION OF TRACT 6: BEING a 212.854 acre tract or parcel of land out of and being a part of the Martin Wells Survey, A-68, in Bastrop County, Texas, and being all of that certain tract described in a deed from Mary Elizabeth Bryant to DLP Real Estate Acquisition Corp., as recorded in Vol. 1872, Page 474, Bastrop County Official Public Records. Said tract being a part of that certain 519 acre tract described as Second Tract in a deed from John Barton to W.A. Barton, Johnnie Barton, and Ruth Barton, dated August 20, 1947, recorded in Volume 123, Page 114, Bastrop County Deed Records. Herein described tract or parcel of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at a fence corner, the northeast corner of the before mentioned 519 acre tract, the northwest corner of Lot No. 21, Towering Oaks Estates Two, a subdivision in Bastrop County, Texas, as recorded in Plat cabinet 3, Page 1518, Bastrop County Plat Records, the southeast corner of Lot No. 30, Texas Heritage, a subdivision in sa!d survey as recorded in Plat Cabinet 1, Page 83A, Bastrop County Plat Records, and southwest corner of the 289.588 acre Lula Martin, Est., for the northeast corner of this tract. THENCE with the east line, as fenced, of the said 519 acre tract, the west line of Lots 21-10, Towerlng Oaks Estates Two, S 31 deg. 25 m1n. 22 sec. W, 585.50 feet to a 1/2. lnch iron rod found; S 29 deg. 51 min. 30 sec. W, 1201.78 feet to a 1/2 inch iron rod found; s 29 deg, 40 min. 55 sec. w, S01.36 Feet to a 1/2 inch iron rod found; S 29 deg. 41 min. 36 sec. W, 400.09 feet to a 1/2 inch iron rod found; S 29 deg. 41 min. 01 sec. W, 800.86 feet to a 1/2 Inch ,Iron rod found; S 29 deg. 40 min. 23 sec. W, 205.45 feet to a 1/2 Inch iron rod found; S 29 deg. 47 min. 23 sec. W, 195.29 feet to a 1/2 inch iron rod found; S 29 deg. 51 min. 19 sec. W, 740.56 feet to a 1/2 inch Iron rod found at a fence corner, an interior corner of Lot 10, for an angle corner of this tract. THENCE continuing with a north line of Lot 10, N 61 deg. 48 min. 27 sec. W, 253.01 feet to a 5/8 inch iron rod found at a northwest corner of Lot 10, and the northeast corner of that certain 26.49 acre tract described as Parcel 2 in a deed from Ella Voncile Daily Glass Estate to James Robert Glass, et al, dated September 3, 1996, recorded in Volume 815, Page 212, Bastrop County Official Records, for an angle corner of the said 519 acre tract and this tract. THENCE with the north line, as fenced, of the 26.49 acre tract, N 60 deg. 30 mln. 25 sec. W, 620.15 feet to a 5/8 inch iron rod set at a fence corner, the northwest corner of the 26.49 acre tract, for an interior corner of the said 519 acre tract and this tract. THENCE with the west line, as fenced, of the 26.49 acre tract, the east line of the said 519 acre tract, s 29 deg. 52 min. 03 sec. W, 1766.02 feet to a 5/8 inch iron rod set where same intersects the north line of Farm to Market Road No. 969, for the southeast corner of this tract. THENCE with the north line of said Farm to Market Road No. 969, N 41 deg. 56 min. 21 sec. W, 334.69 feet to a concrete right-of-way marker found at the beginning of a curve to the right. THENCE continuing with the north line of said Farm to Market Road No. 969 along said curve to the right whose radius is 1859.86 feet; whose central angle is 6 deg. 37 min. 32 sec.; whose long chord bears N 38 deg. 13 min. 36 sec. W, 214.95 feet; 215.07 feet along the arc to a concrete right-of way marker found at the end of said curve. THENCE continuing with the north line of said Farm to Market Road No. 9691 N 35 deg. 17 min. 35 sec. W, 795.44 feet to a 1/2 inch Iron rod found near a fence corner where same Intersects the west line of the said 519 acre tract, the east line of that certain 269.792 acre tract described in a deed from Alexander Oaks Development, LLC, to Kenneth D. Hinsvark1 recorded in Volume 1444, Page 260, Bastrop County Official Public Records, for the southwest corner of this tract. THENCE with the west line of the said 519 acre tract, ●the east line of the Hinsvark 269.792 acre tract, as fenced, N 29 deg. 51 min. 32 sec. E, 1251.95 feet to a 1/2 inch Iron rod found at a fence corner; S 61 deg. 03 min. 06 sec. E, 806.75 feet to a 1/2 Inch Iron rod found at a fence corner; N ●30 deg. 22 min. 55 sec. E, 2687.43 feet to a 1h inch iron rod found at a fence corner, the northeast corner of the Hinsvark 269.792 acre tract, an interior corner of the said 519 acre tract, for an interior corner of this tract. THENCE with the north line of the Hinsvark 269.792 acre tract and an upper south line of the 519 acre tract, N 59 deg. 51 min. 41 sec. W, 445.85 feet to a 1/2 inch iron rod found for the south corner of Lot No. 23, Texas Heritage, for an angle corner of the 519 acre tract and this tract. THENCE with the west line of the said 519 acre tract, the east line of Tracts No. 23, 24, 25, and 26, Texas Heritage, N 29 deg. 18 min. 45 sec. E, 1581.42 feet to a 1/2 inch Iron rod found at the common corner of Lots 25 and 26; N 30 deg. 08 min. 21 sec. E, 114.39 feet to a 1/2 inch iron rod found; N 30●deg. 12 min. 02 sec. E, 553.91 feetto a 5/8 inch iron rod found in the south line of Tract No. 28, the northeast corner of Tract No. 26, the northwest corner of the said 519 acre tract, for the northwest corner of this tract. THENCE with the north line of the said 519 acre tract, the south line of Tracts No. 28, 29, and 30, Texas Heritage, S 59 deg. 45 min. 36 sec. E, 130.89 feet to a 1/2 inch iron pipe found; S 59 deg. 26 min. 09 sec. E, 1277.57 feet to a 1/2 inch lron rod found at the common corner of Lots 29 and 30; S 60 deg. 25 mln. 27 sec. E, 338.92 feet to the POINT OF BEGINNING, containing 212.854 acres of land.

SECTION 4. (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 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, 2021.

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