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|
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relating to the creation of the Pilot Knob Municipal Utility |
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District No. 3; providing authority to impose a tax and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8377 to read as follows: |
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CHAPTER 8377. PILOT KNOB MUNICIPAL UTILITY DISTRICT NO. 3 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8377.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Pilot Knob Municipal Utility |
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District No. 3. |
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(5) "Municipality" means a municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located. |
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Sec. 8377.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
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Sec. 8377.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect permanent |
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directors as provided by Section 8377.051 of this code and Section |
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49.102, Water Code. |
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Sec. 8377.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 8377.003 |
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until each municipality has consented by ordinance or resolution to |
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the creation of the district and to the inclusion of land in the |
|
district. |
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(b) If a municipality does not consent to the creation of |
|
the district or if the district does not enter into an agreement |
|
required by the terms of the municipal ordinance or resolution |
|
consenting to the creation of the district under this section |
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before September 1, 2012: |
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(1) the district is dissolved September 1, 2012, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
|
debts shall be transferred to the municipality or another local |
|
governmental entity to be used for a public purpose; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
|
transferred; and |
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(2) this chapter expires September 1, 2012. |
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Sec. 8377.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
|
Water Code, or improvements, including storm drainage, in aid of |
|
those roads. |
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Sec. 8377.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
|
field notes or in copying the field notes in the legislative process |
|
does not affect the district's: |
|
(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8377.007-8377.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8377.051. GOVERNING BODY; TERMS. (a) Except as |
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provided by Subsection (b), the district is governed by a board of |
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five elected directors. |
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(b) If required under the terms of the agreement, ordinance, |
|
or resolution by which a municipality consents to the creation of |
|
the district, the board consists of: |
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(1) four elected directors; and |
|
(2) one director appointed by the governing body of |
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the municipality. |
|
(c) A director appointed under Subsection (b)(2) is not |
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required to be a qualified voter of the district or to own land |
|
subject to taxation in the district. |
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(d) Except as provided by Section 8377.052, directors serve |
|
staggered four-year terms. A permanent director may not serve more |
|
than two four-year terms. |
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(e) The common law doctrine of incompatibility does not |
|
disqualify an official or employee of a municipality from being |
|
appointed a director by the governing body of a municipality under |
|
Subsection (b)(2), and a director appointed to the board may |
|
continue to serve in a public office of or be employed by the |
|
municipality. |
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Sec. 8377.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
|
district may submit a petition to the commission requesting that |
|
the commission appoint as temporary directors the five persons |
|
named in the petition. The commission shall appoint as temporary |
|
directors the five persons named in the petition. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8377.003; or |
|
(2) the fourth anniversary of the effective date of |
|
the Act enacting this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 8377.003 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8377.003; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
[Sections 8377.053-8377.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8377.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
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Sec. 8377.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 8377.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
|
Section 52, Article III, Texas Constitution, the district may |
|
design, acquire, construct, finance, issue bonds for, improve, and |
|
convey to this state, a county, or a municipality for operation and |
|
maintenance macadamized, graveled, or paved roads described by |
|
Section 54.234, Water Code, or improvements, including storm |
|
drainage, in aid of those roads. |
|
(b) The district may exercise the powers provided by this |
|
section without submitting a petition to or obtaining approval from |
|
the commission as required by Section 54.234, Water Code. |
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Sec. 8377.104. APPROVAL OF ROAD PROJECT. (a) The district |
|
may not undertake a road project authorized by Section 8377.103 |
|
unless: |
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(1) each municipality or county that will operate and |
|
maintain the road has approved the plans and specifications of the |
|
road project, if a municipality or county will operate and maintain |
|
the road; or |
|
(2) the Texas Transportation Commission has approved |
|
the plans and specifications of the road project, if the state will |
|
operate and maintain the road. |
|
(b) Except as provided by Subsection (a), the district is |
|
not required to obtain approval from the Texas Transportation |
|
Commission to design, acquire, construct, finance, issue bonds for, |
|
improve, or convey a road project. |
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Sec. 8377.105. COMPLIANCE WITH AND ENFORCEABILITY OF |
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MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The |
|
district shall comply with all applicable requirements of any |
|
ordinance or resolution that is adopted under Section 54.016 or |
|
54.0165, Water Code, and that consents to the creation of the |
|
district or to the inclusion of land in the district. |
|
(b) Any agreement between the district and a municipality |
|
related to the municipality's consent to the creation of the |
|
district is valid and enforceable. |
|
(c) On the issuance of bonds by the district, the district |
|
is considered to have waived sovereign immunity to suit by a |
|
municipality for the purpose of adjudicating a claim for breach of |
|
an agreement described by this section. |
|
Sec. 8377.106. CONTRACT TO FURTHER REGIONAL COOPERATION. |
|
The district and a municipality may contract on terms that the board |
|
and governing body of the municipality agree will further regional |
|
cooperation between the district and the municipality. |
|
Sec. 8377.107. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
[Sections 8377.108-8377.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8377.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
|
district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 8377.153. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 8377.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8377.151, the district |
|
may impose an operation and maintenance tax on taxable property in |
|
the district in accordance with Section 49.107, Water Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
(c) If required by an agreement between the district and a |
|
municipality under Section 8377.105, the total ad valorem tax rate |
|
of the district may not be less than the total ad valorem tax rate of |
|
the municipality. |
|
Sec. 8377.153. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
[Sections 8377.154-8377.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 8377.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 8377.202. TAXES FOR BONDS. 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 ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 8377.203. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
[Sections 8377.204-8377.250 reserved for expansion] |
|
SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL |
|
ANNEXATION AND NOTICE |
|
Sec. 8377.251. STRATEGIC PARTNERSHIP; CONTINUATION OF |
|
DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may |
|
continue to exist as a limited district after full-purpose |
|
annexation by a municipality if the district and the annexing |
|
municipality state the terms of the limited district's existence in |
|
a strategic partnership agreement under Section 43.0751, Local |
|
Government Code. |
|
(b) The strategic partnership agreement may provide for a |
|
term of any number of years. The limitation in Section |
|
43.0751(g)(2), Local Government Code, on the length of the term |
|
does not apply to a limited district created under this section. |
|
Sec. 8377.252. MUNICIPAL ANNEXATION; NOTICE. (a) Sections |
|
43.0561 and 43.0562, Local Government Code, do not apply to the |
|
annexation of the district by a municipality that consents to the |
|
creation of the district under Section 8377.004. |
|
(b) Not later than the 30th day after the date a |
|
municipality adopts a resolution or ordinance consenting to the |
|
creation of the district, the municipality shall file, in the real |
|
property records of the county in which the land to be included in |
|
the district is located, a notice to a purchaser of real property in |
|
the district that describes: |
|
(1) the municipality's authority and intention to |
|
annex the district; and |
|
(2) the anticipated date of the annexation. |
|
(c) After the notice is filed, a person who proposes to sell |
|
or otherwise convey real property in the district must include the |
|
information contained in the municipality's notice in the Notice to |
|
Purchasers required by Section 49.452, Water Code. |
|
SECTION 2. The Pilot Knob Municipal Utility District No. 3 |
|
initially includes all the territory contained in the following |
|
area: 644.135 acres of land described below: |
|
A DESCRIPTION OF 648.268 ACRES IN THE SANTIAGO DEL VALLE GRANT IN |
|
TRAVIS COUNTY, TEXAS, BEING ALL OF AN 18.810 ACRE TRACT AND A |
|
REMAINDER OF A 37.306 ACRE TRACT BOTH DESCRIBED IN A SPECIAL |
|
WARRANTY DEED TO JONA ACQUISITION INC., DATED OCTOBER 26, 2006 AND |
|
RECORDED IN DOCUMENT NO. 2006209327 OF THE OFFICIAL PUBLIC RECORDS |
|
OF TRAVIS COUNTY, TEXAS, ALL OF A 2820 SQUARE FOOT TRACT DESCRIBED |
|
IN A DEED WITHOUT WARRANTY TO CARMA EASTON INC., DATED DECEMBER 22, |
|
2009 AND RECORDED IN DOCUMENT NO. 2009210291 OF THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY, TEXAS, A REMAINDER OF A 2.6891 ACRE TRACT |
|
DESCRIBED IN A STREET DEDICATION TO THE PUBLIC, DATED JUNE 24, 1986 |
|
AND RECORDED IN VOLUME 9769, PAGE 505 OF THE REAL PROPERTY RECORDS |
|
OF TRAVIS COUNTY, TEXAS, ALL OF A 6.934 ACRE TRACT DESCRIBED IN A |
|
SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED OCTOBER 26, |
|
2006 AND RECORDED IN DOCUMENT NO. 2006209330 OF THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY, TEXAS, ALL OF AN 82.844 ACRE TRACT AND A |
|
25.735 ACRE TRACT BOTH DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA |
|
ACQUISITION INC., DATED JANUARY 3, 2007 AND RECORDED IN DOCUMENT |
|
NO. 2007003159 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
|
TEXAS, ALL OF AN 89.256 ACRE TRACT AND A 2.731 ACRE TRACT BOTH |
|
DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., |
|
DATED JULY 9, 2007 AND RECORDED IN DOCUMENT NO. 2007126375 OF THE |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, REMAINDERS OF A |
|
61.071 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA |
|
ACQUISITION INC., DATED NOVEMBER 7, 2007 AND RECORDED IN DOCUMENT |
|
NO. 2007204509 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
|
TEXAS, A PORTION OF A 138.540 ACRE TRACT DESCRIBED IN A GENERAL |
|
WARRANTY DEED TO JONA ACQUISITION INC., DATED MARCH 2, 2007 AND |
|
RECORDED IN DOCUMENT NO. 2007038642 OF THE OFFICIAL PUBLIC RECORDS |
|
OF TRAVIS COUNTY, TEXAS, A PORTION OF A 198.302 ACRE TRACT DESCRIBED |
|
IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER |
|
20, 2006 AND RECORDED IN DOCUMENT NO. 2006244772 OF THE OFFICIAL |
|
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 232.233 ACRE |
|
TRACT DESCRIBED IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO |
|
JONA ACQUISITION INC., DATED JANUARY 8, 2009 AND RECORDED IN |
|
DOCUMENT NO. 2009003190 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
|
COUNTY, TEXAS, All OF AN 8.282 ACRE TRACT DESCRIBED IN A SPECIAL |
|
WARRANTY DEED WITH VENDOR'S LIEN TO JONA ACQUISITION INC., DATED |
|
JANUARY 8, 2009 AND RECORDED IN DOCUMENT NO. 2009003078 OF THE |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A |
|
42.558 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA |
|
ACQUISITION INC., DATED MAY 16, 2008 AND RECORDED IN DOCUMENT NO. |
|
2008083861 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, |
|
A PORTION OF A 20.005 ACRE TRACT DESCRIBED IN A WARRANTY DEED WITH |
|
VENDOR'S LIEN TO JOHN T. HALDENSTEIN AND JOSHUA N. HALDENSTEIN, |
|
DATED DECEMBER 14, 2000 AND RECORDED IN DOCUMENT NO. 2000203669 OF |
|
THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF |
|
LOT A HARRY REININGER SUBDIVISION, A SUBDIVISION OF RECORD IN |
|
VOLUME 65, PAGE 47 OF THE PLAT RECORDS OF TRAVIS COUNTY TEXAS, |
|
CONVEYED TO JOHN HALDENSTEIN & RUTH HALDENSTEIN IN WARRANTY DEED |
|
WITH VENDOR'S LIEN, DATED SEPTEMBER 29, 2000 AND RECORDED IN |
|
DOCUMENT NO. 2000161977 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
|
COUNTY TEXAS, A PORTION OF A 37.390 ACRE TRACT DESCRIBED IN A |
|
GENERAL WARRANTY DEED TO JONA ACQUISITION INC., DATED OCTOBER 30, |
|
2008 AND RECORDED IN DOCUMENT NO. 2008179828 OF THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY, TEXAS, AND A PORTION OF COLTON BLUFF |
|
SPRINGS ROAD (APPARENT RIGHT-OF-WAY WIDTH VARIES); SAID 648.268 |
|
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
|
FOLLOWS: |
|
BEGINNING at a 1/2" rebar found for the northwest corner of said |
|
89.256 acre tract, same being the east corner of a 6.997 acre tract |
|
described in a deed to Fleming Brothers Holding, recorded in |
|
Document No. 2006063521 of the Official Public Records of Travis |
|
County, Texas, also being in the southwest line of Myrtle - 29 Ac., |
|
D .G. Collins Estate, a subdivision of record in Volume 3, Page 220 |
|
of the Plat Records of Travis County, Texas; |
|
THENCE South 48°06'08" East, with the northeast line of said 89.256 |
|
acre tract, same being the southwest line of said Myrtle - 29 Ac., |
|
and the southwest line of said John B. 18 Ac., D. G. Collins Estate, |
|
a distance of 1231.54 feet to a 1/2" rebar found in the south line of |
|
said John B. 18 Ac., for the northeast corner of said 89.256 acre |
|
tract, same being the northwest corner of said 82.844 acre tract; |
|
THENCE South 48°20'11" East, with the northeast line of said 82.844 |
|
acre tract, same being the southwest line of said John B. 18 Ac., |
|
the southwest line of John B. 11.50 Ac., D. G. Collins Estate, and |
|
the southwest line of a 52.418 acre tract described in a deed to |
|
Ernest B. Collins and Floretta F. Collins, recorded in Document No. |
|
2004080843 of the Official Public Records of Travis County, Texas, |
|
a distance of 1354.84 feet to a 1/2" rebar found in the southwest |
|
line of said 52.418 acre tract, for the northeast corner of said |
|
82.844 acre tract, same being the northwest corner of a 2.899 acre |
|
tract described in a deed to Ernest B. Collins and Floretta F. |
|
Collins, recorded in Document No. 2004080843 of the Official Public |
|
Records of Travis County, Texas; |
|
THENCE with the east line of said 82.844 acre tract, same being the |
|
west line of said 2.899 acre tract, the following four (4) courses |
|
and distances: |
|
1. South 27°02'48" West, a distance of 87.42 feet to a |
|
1/2" rebar with Chaparral cap found; |
|
2. South 28°05'48" West, a distance of 57.15 feet to a |
|
1/2" rebar with Chaparral cap found; |
|
3. South 26°28'48" West, a distance of 262.67 feet to a |
|
1/2" rebar with Chaparral cap found; |
|
4. South 26°58'48" West, a distance of 2126.73 feet to a |
|
1/2" rebar found in the north right-of-way line of Colton |
|
Bluff Springs Road, for the southeast corner of said 82.844 |
|
acre tract, same being the southwest corner of said 2.899 |
|
acre tract; |
|
THENCE South 63°34'23" East, with the north right-of-way line of |
|
Colton Bluff Springs Road, same being the southwest line of said |
|
2.899 acre tract, a distance of 49.99 feet to a 1/2" rebar found for |
|
the southeast corner of said 2.899 acre tract, same being the |
|
southwest corner of said 61.071 acre tract; |
|
THENCE with the west line of said 61.071 acre tract, same being the |
|
east line of said 2.899 acre tract, the following four (4) courses |
|
and distances: |
|
1. North 26°59'53" East, a distance of 2127.41 feet to a |
|
calculated point; |
|
2. North 26°29'46" East, a distance of 262.27 feet to a |
|
calculated point; |
|
3. North 28°06'46" East, a distance of 56.92 feet to a |
|
calculated point; |
|
4. North 27°03'46" East, a distance of 74.01 feet to a |
|
1/2" rebar found for the northwest corner of said 61.071 acre |
|
tract, same being the northeast corner of said 2.899 acre |
|
tract, also being in the southwest line of said 52.418 acre |
|
tract; |
|
THENCE South 47°55'49" East, with the northeast line of said 61.071 |
|
acre tract, same being the southwest line of said 52.418 acre tract, |
|
a distance of 467.09 feet to a 1/2" rebar found for the southeast |
|
corner of said 52.418 acre tract, same being the southwest corner of |
|
a 26.57 acre tract described in a deed to Talfred Collins and Ella |
|
Lee Collins, recorded in Volume 2814, Page 127 of the Deed Records |
|
of Travis County, Texas; |
|
THENCE South 46°39'23" East, continuing with the northeast line of |
|
said 61.071 acre tract, same being the southwest line of said 26.57 |
|
acre tract and the southwest line of a 29.02 acre tract described in |
|
a deed to Ernest B. Collins and Floretta F. Collins, recorded in |
|
Volume 7967, Page 611 of the Deed Records of Travis County, Texas, a |
|
distance of 600.09 feet to a 5/8" rebar found for the southeast |
|
corner of said 29.02 acre tract, same being the northwest corner of |
|
a 0.264 acre tract described in a deed to the City of Austin, |
|
recorded in Document No. 2010005414 of the Official Public Records |
|
of Travis County, Texas, also being an angle point in the west line |
|
of a 380.080 acre tract described in a deed to Ernest Collins and |
|
Floretta Collins, recorded in Volume 12791, Page 11 of the Real |
|
Property Records of Travis County, Texas; |
|
THENCE South 27°09'17" West, crossing said 61.071 acre tract, with |
|
the west line of said 0.264 acre tract, a distance of 204.33 feet to |
|
a 1/2" rebar with Landmark cap found for the southwest corner of |
|
said 0.264 acre tract, same being the northwest corner of a 0.392 |
|
acre tract described in a deed to the City of Austin, recorded in |
|
Document No. 2010005414 of the Official Public Records of Travis |
|
County, Texas; |
|
THENCE continuing across said 61.071 acre tract, with the west and |
|
south lines of said 0.392 acre tract, the following three (3) |
|
courses and distances: |
|
1. South 27°11'22" West, a distance of 105.60 feet to a |
|
1/2" rebar with Landmark cap found; |
|
2. South 26°45'07" West, a distance of 50.71 feet to a |
|
1/2" rebar with Landmark cap found for the southwest corner |
|
of said 0.392 acre tract; |
|
3. South 71°13'40" East, a distance of 81.26 feet to a |
|
1/2" rebar with Landmark cap found in the south line of said |
|
0.392 acre tract, for the northwest corner of a 0.624 acre |
|
tract described in a deed to the City of Austin, recorded in |
|
Document No. 2010005416 of the Official Public Records of |
|
Travis County, Texas; |
|
THENCE continuing across said 61.071 acre tract, the following two |
|
(2) courses and distances: |
|
1. South 26°39'03" West, with the west line of said |
|
0.624 acre tract, a distance of 899.06 feet to a calculated |
|
point for the southwest corner of said 0.624 acre tract; |
|
2. South 47°54'58" East, with the south line of said |
|
0.624 acre tract, a distance of 31.12 feet to a calculated |
|
point in the west right-of-way line of Colton Bluff Springs |
|
Road, same being the east line of said 61.071 acre tract; |
|
THENCE North 26°38'45" East, with the east line of said 61.071 acre |
|
tract, same being the west right-of-way line of Colton Bluff |
|
Springs Road, the west line of said 138.540 acre tract, the east |
|
line of said 0.624 acre tract and the east line of said 0.392 acre |
|
tract, a distance of 1066.13 feet to a 1/2" rebar with Landmark cap |
|
found for the northeast corner of said 0.392 acre tract; |
|
THENCE North 70°26'53" West, crossing said 61.071 acre tract, with |
|
the north line of said 0.392 acre tract, a distance of 49.62 feet to |
|
a calculated point for the southeast corner of said 0.264 acre |
|
tract; |
|
THENCE North 27°05'31" East, continuing across said 61.071 acre |
|
tract, with the east line of said 0.264 acre tract, a distance of |
|
178.95 feet to a calculated point for the northeast corner of said |
|
0.264 acre tract, same being in the northeast line of said 61.071 |
|
acre tract, also being the southwest line of said 380.080 acre |
|
tract; |
|
THENCE South 46°39'23" East, with the northeast line of said 61.071 |
|
acre tract, same being the southwest line of said 380.080 acre |
|
tract, a distance of 49.95 feet to a calculated point for the |
|
northeast corner of said 61.071 acre tract, same being an angle |
|
point in the southwest line of said 380.080 acre tract; |
|
THENCE South 26°38'45" West, with the east line of said 61.071 acre |
|
tract, same being the southwest line of said 380.080 acre tract, a |
|
distance of 120.93 feet to a 3/4" iron pipe found for the northwest |
|
corner of said 138.540 acre tract; |
|
THENCE with the northeast line of said 138.540 acre tract, same |
|
being the southwest line of said 380.080 acre tract, the following |
|
two (2) courses and distances: |
|
1. South 47°44'05" East, a distance of 309.95 feet to a |
|
3/4" iron pipe found; |
|
2. South 47°34'32" East, a distance of 1131.25 feet to a |
|
calculated point; |
|
THENCE crossing said 138.540 acre tract, Colton Bluff Springs Road, |
|
said 198.302 acre tract, said 232.233 acre tract, said 37.390 acre |
|
tract, said 42.558 acre tract, said 20.005 acre tract, and said Lot |
|
A, the following fourteen (14) courses and distances: |
|
1. South 42°25'28" West, a distance of 130.83 feet to a |
|
calculated point; |
|
2. With a curve to the left, having a radius of 750.00 |
|
feet, a delta angle of 16°27'44", an arc length of 215.49 |
|
feet, and a chord which bears South 34°11'36" West, a distance |
|
of 214.75 feet to a calculated point; |
|
3. South 25°57'45" West, a distance of 891.49 feet to a |
|
calculated point; |
|
4. With a curve to the left, having a radius of 428.50 |
|
feet, a delta angle of 57°46'46", an arc length of 432.12 |
|
feet, and a chord which bears South 02°55'38" East, a distance |
|
of 414.04 feet to a calculated point; |
|
5. South 70°11'14" West, a distance of 260.49 feet to a |
|
calculated point; |
|
6. With a curve to the right, having a radius of 606.85 |
|
feet, a delta angle of 50°15'23", an arc length of 532.29 |
|
feet, and a chord which bears North 88°11'02" West, a distance |
|
of 515.39 feet to a calculated point; |
|
7. North 62°55'18" West, a distance of 292.66 feet to a |
|
calculated point; |
|
8. With a curve to the left, having a radius of 1466.51 |
|
feet, a delta angle of 180°00'00", an arc length of 4607.18 |
|
feet, and a chord which bears South 27°04'42" West, a distance |
|
of 2933.02 feet to a calculated point; |
|
9. South 62°55'18" East, a distance of 292.66 feet to a |
|
calculated point; |
|
10. With a curve to the right, having a radius of 606.85 |
|
feet, a delta angle of 50°15'23", an arc length of 532.29 |
|
feet, and a chord which bears South 37°39'34" East, a distance |
|
of 515.39 feet to a calculated point; |
|
11. South 16°01'51" East, a distance of 256.62 feet to a |
|
calculated point; |
|
12. With a curve to the left, having a radius of 431.98 |
|
feet, a delta angle of 53°14'32", an arc length of 401.42 |
|
feet, and a chord which bears South 58°50'30" West, a distance |
|
of 387.13 feet to a calculated point; |
|
13. South 28°11'39" West, a distance of 910.01 feet to a |
|
calculated point; |
|
14. North 61°48'21" West, a distance of 672.64 feet to a |
|
calculated point in the west line of said 20.005 acre tract, |
|
same being the east line of a 20.022 acre tract conveyed in a |
|
deed to Janie Diaz, recorded in Document No. 2006101103, and |
|
described in a deed recorded in Document No. 2001200503, both |
|
of the Official Public Records of Travis County, Texas; |
|
THENCE North 27°07'27" East, with the west line of said 20.005 acre |
|
tract, same being the east line of said 20.022 acre tract, a |
|
distance of 1099.13 feet to a 1/2" rebar found for the northwest |
|
corner of said 20.005 acre tract, same being the northeast corner of |
|
said 20.022 acre tract, also being in the southwest line of said |
|
198.302 acre tract; |
|
THENCE North 63°21'03" West, with the southwest line of said 198.302 |
|
acre tract, same being the northeast line of said 20.022 acre tract, |
|
a distance of 626.61 feet to a 1/2" rebar found for the southwest |
|
corner of said 198.302 acre tract, same being the northwest corner |
|
of said 20.022 acre tract, also being in the east line of said |
|
232.233 acre tract; |
|
THENCE South 26°53'42" West, with the east line of said 232.233 acre |
|
tract, same being the west line of said 20.022 acre tract, a |
|
distance of 1085.47 feet to a calculated point; |
|
THENCE crossing said 232.233 acre tract, the following two (2) |
|
courses and distances: |
|
1. With a curve to the right, having a radius of 1490.63 |
|
feet, a delta angle of 26°48'48", an arc length of 697.59 |
|
feet, and a chord which bears North 52°29'28" West, a distance |
|
of 691.24 feet to a calculated point; |
|
2. North 36°26'06" West, a distance of 1284.36 feet to a |
|
calculated point in the southwest line of said 232.233 acre |
|
tract, same being the northeast line of a 174.4 acre tract |
|
described in a deed to Edward J. Gillen and wife, Mildred |
|
Gillen, recorded in Volume 1549, Page 268 of the Deed Records |
|
of Travis County, Texas; |
|
THENCE with the southwest line of said 232.233 acre tract, same |
|
being the northeast line of said 174.4 acre tract, the following |
|
four (4) courses and distances: |
|
1. North 27°21'05" East, a distance of 684.48 feet to a |
|
1/2" rebar with Chaparral cap found; |
|
2. North 62°42'32" West, a distance of 500.00 feet to a |
|
4" iron pipe found; |
|
3. North 27°21'05" East, a distance of 784.20 feet to a |
|
1/2" rebar with Chaparral cap found; |
|
4. North 62°42'32" West, a distance of 999.32 feet to a |
|
1/2" rebar with cap stamped 4453 for the west corner of said |
|
232.233 acre tract, same being the southeast corner of a |
|
120.321 acre tract described in a deed to Noble Capital |
|
Servicing, LLC, et al., recorded in Document No. 2009151330 |
|
of the Official Public Records of Travis County, Texas; |
|
THENCE North 26°58'58" East, with the west line of said 232.233 acre |
|
tract, same being the east line of said 120.321 acre tract, a |
|
distance of 1437.81 feet to a calculated point for the northwest |
|
corner of said 232.233 acre tract, same being the southwest corner |
|
of Lot 1, Pittman Addition, a subdivision of record in Volume 76, |
|
Page 228 of the Plat Records of Travis County, Texas; |
|
THENCE South 62°59'36" East, with the north line of said 232.233 |
|
acre tract, same being the south line of said Lot 1 and the south |
|
line of an 11.000 acre tract described in a deed to O. D. McMarion |
|
and Ann Sibley, recorded in Document No. 1999100812 of the Official |
|
Public Records of Travis County, Texas, a distance of 857.50 feet to |
|
a 1/2" iron pipe found for the southeast corner of said 11.000 acre |
|
tract, same being the southwest corner of said 8.282 acre tract; |
|
THENCE North 26°58'15" East, with the west line of said 8.282 acre |
|
tract, same being the east line of said 11.000 acre tract and the |
|
east line of a 5.014 acre tract described in a deed to O. D. McMarion |
|
and wife, Ann McMarion, recorded in Document No. 2007145976 of the |
|
Official Public Records of Travis County, Texas, a distance of |
|
653.18 feet to a 1/2" rebar with Chaparral cap found in the east |
|
line of said 5.014 acre tract, for the northwest corner of said |
|
8.282 acre tract, same being the southwest corner of a remainder of |
|
13.93 acres conveyed in a deed to Tom Stephens and wife, Janice |
|
Stephens, recorded in Volume 7496, Page 513, and described in a deed |
|
of record in Volume 3329, Page 1038, both of the Deed Records of |
|
Travis County, Texas; |
|
THENCE South 63°15'05" East, with the north line of said 8.282 acre |
|
tract, same being the south line of said remainder of 13.93 acres, a |
|
distance of 648.24 feet to a 1/2" rebar with Chaparral cap found for |
|
the northeast corner of said 8.282 acre tract, same being the west |
|
line of said 232.233 acre tract, also being the southeast corner of |
|
said remainder of 13.93 acres; |
|
THENCE North 43°26'02" East, with the west line of said 232.233 acre |
|
tract, same being the east line of said remainder of 13.93 acres, a |
|
distance of 538.67 feet to a 1/2" rebar with Chaparral cap found in |
|
the south right-of-way line of Colton Bluff Springs Road, for the |
|
northwest corner of said 232.233 acre tract, same being the |
|
northeast corner of said remainder of 13.93 acres; |
|
THENCE North 32°24'14" East, crossing Colton Bluff Springs Road, a |
|
distance of 70.31 feet to a calculated point in the north |
|
right-of-way line of Colton Bluff Springs Road, same being the |
|
south line of said 82.844 acre tract; |
|
THENCE with the north right-of-way line of Colton Bluff Springs |
|
Road, same being the south line of said 82.844 acre tract, the |
|
following two (2) courses and distances: |
|
1. North 63°13'10" West, a distance of 197.14 feet to a |
|
1/2" rebar found; |
|
2. North 63°18'06" West, a distance of 703.08 feet to a |
|
bolt in concrete found for the southwest corner of said |
|
82.844 acre tract, same being the southeast corner of a 1.0 |
|
acre tract described in a deed to Donny Mack Cowan, recorded |
|
in Volume 12371, Page 662 of the Real Property Records of |
|
Travis County, Texas; |
|
THENCE North 27°09'21" East, with the west line of said 82.844 acre |
|
tract, same being the east line of said 1.0 acre tract, a distance |
|
of 290.52 feet to a 1/2" rebar found for the northeast corner of |
|
said 1.0 acre tract, same being the southeast corner of said 89.256 |
|
acre tract; |
|
THENCE with the south line of said 89.256 acre tract, the following |
|
eight (8) courses and distances: |
|
1. North 63°01'00" West, with the north line of said 1.0 |
|
acre tract, a distance of 150.08 feet to a 1/2" rebar with cap |
|
found; |
|
2. South 27°11'15" West, with the west line of said 1.0 |
|
acre tract, a distance of 291.18 feet to a 1/2" rebar found in |
|
the north right-of-way line of Colton Bluff Springs Road; |
|
3. North 63°15'07" West, with the north right-of-way |
|
line of Colton Bluff Springs Road a distance of 508.93 feet to |
|
a calculated point; |
|
4. North 62°31'18" West, with the north right-of-way |
|
line of Colton Bluff Springs Road, a distance of 175.38 feet |
|
to a calculated point for the southeast corner of a 0.18 acre |
|
tract conveyed in a deed to Rosemary Elizabeth Schweitzer, |
|
recorded in Volume 13011 Page 32 of the Real Property Records |
|
of Travis County, Texas, and described as Lot No. 2 in a deed |
|
of record in Volume 6057, Page 415 of the Deed Records of |
|
Travis County, Texas; |
|
5. North 26°26'47" East, with the east line of said 0.18 |
|
acre tract, a distance of 130.76 feet to a calculated point |
|
for the northeast corner of said 0.18 acre tract; |
|
6. North 63°01'34" West, with the north line of said |
|
0.18 acre tract and the north line of another 0.18 acre tract |
|
conveyed in said deed to Rosemary Elizabeth Schweitzer, |
|
recorded in Volume 13011 Page 32 of the Real Property Records |
|
of Travis County, Texas, and described as Lot No. 1 in a deed |
|
of record in Volume 6057, Page 415 of the Deed Records of |
|
Travis County, Texas, a distance of 120.03 feet to a |
|
calculated point for the northwest corner of said 0.18 acre |
|
tract described as Lot No. 1; |
|
7. South 26°58'40" West, with the west line of said 0.18 |
|
acre tract described as Lot No. 1, a distance of 129.50 feet |
|
to a calculated point in the north right-of-way line of |
|
Colton Bluff Springs Road, for the southwest corner of said |
|
0.18 acre tract described as Lot No. 1; |
|
8. North 62°29'29" West, with the north right-of-way |
|
line of Colton Bluff Springs Road, a distance of 564.31 feet |
|
to a 1/2" rebar found for the southwest corner of said 89.256 |
|
acre tract, same being the southeast corner of said 25.735 |
|
acre tract; |
|
THENCE continuing with the north right-of-way line of Colton Bluff |
|
Springs Road, the following three (3) courses and distances: |
|
1. North 62°29'18" West, with the south line of said |
|
25.735 acre tract, a distance of 64.03 feet to a 1/2" rebar |
|
found for the southwest corner of said 25.735 acre tract, |
|
same being the southeast corner of said 2.731 acre tract; |
|
2. North 62°29'18" West, with the south line of said |
|
2.731 acre tract, a distance of 237.84 feet to a 1/2" rebar |
|
found for the southwest corner of said 2.731 acre tract, same |
|
being the southeast corner of said 37.306 acre tract |
|
3. North 63°23'43" West, with the south line of said |
|
37.306 acre tract, a distance of 420.32 feet to a calculated |
|
point; |
|
THENCE crossing said 37.306 acre tract, with the north right-of-way |
|
line of Colton Bluff Springs Road, the following two (2) courses and |
|
distances: |
|
1. North 27°10'53" East, a distance of 6.63 feet to a |
|
calculated point; |
|
2. North 62°49'07" West, a distance of 507.44 feet to a |
|
calculated point in the east right-of-way line of McKinney |
|
Falls Parkway (right-of-way width varies); |
|
THENCE continuing across said 37.306 acre tract, with the east |
|
right-of-way line of McKinney Falls Parkway, the following three |
|
(3) courses and distances: |
|
1. North 27°10'53" East, a distance of 424.86 feet to a |
|
calculated point; |
|
2. With a curve to the right, having a radius of |
|
11942.50 feet, a delta angle of 00°21'16", an arc length of |
|
73.90 feet, and a chord which bears North 27°21'31" East, a |
|
distance of 73.90 feet to a calculated point; |
|
3. North 27°31'58" East, a distance of 771.23 feet to a |
|
calculated point in the west line of said 37.306 acre tract, |
|
for the south corner of said 2820 square foot tract; |
|
THENCE continuing with the east right-of-way line of McKinney Falls |
|
Parkway, the following seven (7) courses and distances: |
|
1. North 28°03'14" East, with the west line of said 2820 |
|
square foot tract, a distance of 254.40 feet to a 1/2" rebar |
|
with Chaparral cap found for the north corner of said 2820 |
|
square foot tract, same being an angle point in the west line |
|
of said 37.306 acre tract; |
|
2. North 27°30'59" East, with the west line of said |
|
37.306 acre tract, a distance of 144.75 feet to a 1/2" rebar |
|
with Chaparral cap found for the northwest corner of said |
|
37.306 acre tract, same being the southwest corner of said |
|
remainder of 2.6891 acres; |
|
3. North 32°40'32" East, with the west line of said |
|
remainder of 2.6891 acres, a distance of 159.65 feet to a 1/2" |
|
rebar with Chaparral cap found for the northwest corner of |
|
said remainder of 2.6891 acres, same being the southwest |
|
corner of said 18.810 acres; |
|
4. North 27°32'48" East, with the west line of said |
|
18.810 acre tract, a distance of 696.37 feet to a 1/2" rebar |
|
with Chaparral cap found; |
|
5. North 25°38'36" East, continuing with the west line |
|
of said 18.810 acre tract, a distance of 302.02 feet to a 1/2" |
|
rebar with Chaparral cap found for the northwest corner of |
|
said 18.810 acre tract, same being in the southwest line of |
|
said 6.934 acre tract; |
|
6. North 48°13'16" West, with the south line of said |
|
6.934 acre tract, a distance of 15.47 feet to a 1/2" rebar |
|
with Chaparral cap found for the southwest corner of said |
|
6.924 acre tract; |
|
7. North 27°31'46" East, with the west line of said |
|
6.934 acre tract, a distance of 192.99 feet to a calculated |
|
point for the northwest corner of said 6.934 acre tract, same |
|
being the southwest corner of a 6.924 acre tract described in |
|
a deed to Jose A. Espinosa and Luz A. Espinosa, recorded in |
|
Volume 12861, Page 391 of the Real Property Records of Travis |
|
County, Texas; |
|
THENCE South 48°13'04" East, with the north line of said 6.934 acre |
|
tract, same being the south line of said 6.924 acre tract, a |
|
distance of 1617.68 feet to a 1/2" rebar found for the northeast |
|
corner of said 6.934 acre tract, same being the southeast corner of |
|
said 6.924 acre tract, also being in the west line of said 89.256 |
|
acre tract; |
|
THENCE North 28°09'13" East, with the west line of said 89.256 acre |
|
tract , same being the east line of said 6.924 acre tract, the east |
|
line of a 2 acre tract described in a deed to Erland Burklund, |
|
recorded in Volume 6757, Page 601 of the Deed Records of Travis |
|
County, Texas, and the east line of said 6.997 acre tract, a |
|
distance of 576.68 feet to the POINT OF BEGINNING, containing |
|
648.268 acres of land, more or less. |
|
SAVE AND EXCEPT 4.133 ACRES: |
|
BEING ALL OF A 4.132 ACRE TRACT DESCRIBED IN A WARRANTY DEED TO |
|
CHERYL LYNNE AND KIEKE BARRON, DATED JANUARY 1, 1985 AND RECORDED IN |
|
VOLUME 8971, PAGE 137 OF REAL PROPERTY RECORDS OF TRAVIS COUNTY |
|
TEXAS; SAID 4.133 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES |
|
AND BOUNDS AS FOLLOWS: |
|
BEGINNING at a 5/8" rebar found in the south right-of-way line of |
|
Colton Bluff Springs Road, for the northeast corner of said 4.132 |
|
acre tract, same being an angle point in the north line of said |
|
232.233 acre tract; |
|
THENCE with the common line of said 4.132 acre tract and said |
|
232.233 acre tract, the following three (3) courses and distances: |
|
1. South 26°46'51" West, a distance of 450.30 feet to a |
|
5/8" rebar found; |
|
2. North 63°15'05" West, a distance of 399.80 feet to a |
|
1/2" rebar with Chaparral cap found; |
|
3. North 26°46'51" East, a distance of 450.30 feet to a |
|
calculated point in the south right-of-way line of Colton |
|
Bluff Springs Road, for the northwest corner of said 4.132 |
|
acre tract, same being an angle point in the north line of |
|
said 232.233 acre tract; |
|
THENCE South 63°15'05" East, with the south right-of-way line of |
|
Colton Bluff Springs Road, same being the north line of said 4.132 |
|
acre tract, a distance of 399.80 feet to the POINT OF BEGINNING, |
|
containing 4.133 acres of land, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. 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, 2011. |
|
|
|
______________________________ |
______________________________ |
|
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1758 was passed by the House on April |
|
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 1758 on May 25, 2011, by the following vote: Yeas 133, Nays 7, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 1758 was passed by the Senate, with |
|
amendments, on May 23, 2011, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |