Bill Text: TX HB4694 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the creation of the SH130 Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-06-07 - Effective immediately [HB4694 Detail]

Download: Texas-2019-HB4694-Enrolled.html

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H.B. No. 4694

relating to the creation of the SH130 Municipal Management District
No. 1; providing authority to issue bonds; providing authority to
impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3971 to read as follows:
CHAPTER 3971. SH130 MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3971.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Austin.
(3) "Director" means a board member.
(4) "District" means the SH130 Municipal Management
District No. 1.
Sec. 3971.0102. NATURE OF DISTRICT. The district is a
special district created under Section 59, Article XVI, Texas
Constitution.
Sec. 3971.0103. 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 city 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 city 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 city services provided in the
district.
Sec. 3971.0104. 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. 3971.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 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. 3971.0106. 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. 3971.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3971.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3971.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors who serve staggered
terms of four years.
(b) Directors are elected in the manner provided by
Subchapter D, Chapter 49, Water Code.
Sec. 3971.0202. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $150 for
each board meeting. The total amount of compensation for each
director in one year may not exceed $7,200.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 3971.0203. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No. Name of Director
1 Warren Hayes
2 Stephen Shang
3 Jim Young
4 Robert Walker
5 Albert Hawkins
(b) Initial directors serve until permanent directors are
elected under Section 3971.0201.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3971.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3971.0302. 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. 3971.0303. 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. 3971.0304. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the city, to provide law enforcement services in the
district for a fee.
Sec. 3971.0305. 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. 3971.0306. 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. 3971.0307. 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. 3971.0308. 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. 3971.0309. 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. 3971.0310. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 3971.0401. 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. 3971.0402. 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 E. TAXES AND BONDS
Sec. 3971.0501. 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. 3971.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 3971.0501, 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. 3971.0503. 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. 3971.0504. 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. 3971.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
3971.0501, 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. 3971.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT
UNDER AGREEMENT. If the improvements financed by an obligation
will be conveyed to or operated and maintained by a municipality or
retail utility provider pursuant to an agreement between the
district and the municipality or retail utility provider entered
into before the issuance of the obligation, the obligation may be in
the form of bonds, notes, or other obligations payable wholly or
partly from assessments, issued by public or private sale, in the
manner provided by Subchapter A, Chapter 372, Local Government
Code.
Sec. 3971.0507. 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 F. SALES AND USE TAX
Sec. 3971.0601. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
computation, administration, enforcement, and collection of the
sales and use tax authorized by this subchapter except to the extent
Chapter 321, Tax Code, is inconsistent with this chapter.
(b) For the purposes of this subchapter, a reference in
Chapter 321, Tax Code, to a municipality or the governing body of a
municipality is a reference to the district or the board,
respectively.
Sec. 3971.0602. ELECTION; ADOPTION OF TAX. (a) The
district may adopt a sales and use tax if:
(1) the city consents to the adoption of the tax; and
(2) the tax is authorized by a majority of the voters
of the district voting at an election held for that purpose.
(b) Subject to city consent under Subsection (a), the board
by order may call an election to authorize the adoption of the sales
and use tax. The election may be held on any uniform election date
and in conjunction with any other district election.
(c) The district shall provide notice of the election and
shall hold the election in the manner prescribed by Section
3971.0501.
(d) The ballot shall be printed to provide for voting for or
against the proposition: "Authorization of a sales and use tax in
the SH130 Municipal Management District No. 1 at a rate not to
exceed ____ percent" (insert rate of one or more increments of
one-eighth of one percent).
Sec. 3971.0603. SALES AND USE TAX RATE. (a) Not later than
the 10th day after the date the results are declared of an election
held under Section 3971.0602 at which the voters authorized
imposition of a tax, the board shall provide by resolution or order
the initial rate of the tax, which must be in one or more increments
of one-eighth of one percent.
(b) After the authorization of a tax under Section
3971.0602, the board may decrease the rate of the tax by one or more
increments of one-eighth of one percent.
(c) The board may not decrease the rate of the tax if the
decrease would impair the repayment of any outstanding debt or
obligation payable from the tax.
(d) The initial rate of the tax or any rate resulting from
subsequent decreases may not exceed the lesser of:
(1) the maximum rate authorized at the election held
under Section 3971.0602; or
(2) a rate that, when added to the rates of all sales
and use taxes imposed by other political subdivisions with
territory in the district, would result in the maximum combined
rate prescribed by Section 321.101(f), Tax Code, at any location in
the district.
Sec. 3971.0604. NOTIFICATION OF RATE CHANGE. The board
shall notify the comptroller of any changes made to the tax rate
under this subchapter in the same manner the municipal secretary
provides notice to the comptroller under Section 321.405(b), Tax
Code.
Sec. 3971.0605. USE OF REVENUE. Revenue from the sales and
use tax imposed under this subchapter is for the use and benefit of
the district and may be used for any district purpose. The district
may pledge all or part of the revenue to the payment of bonds,
notes, or other obligations, and that pledge of revenue may be in
combination with other revenue, including tax revenue, available to
the district.
Sec. 3971.0606. ABOLITION OF TAX. (a) Except as provided
by Subsection (b), the board may abolish the tax imposed under this
subchapter without an election.
(b) The board may not abolish the tax imposed under this
subchapter if the district has any outstanding debt or obligation
secured by the tax, and repayment of the debt or obligation would be
impaired by the abolition of the tax.
(c) If the board abolishes the tax, the board shall notify
the comptroller of that action in the same manner the municipal
secretary provides notice to the comptroller under Section
321.405(b), Tax Code.
(d) If the board abolishes the tax or decreases the tax rate
to zero, a new election to authorize a sales and use tax must be held
under Section 3971.0602 before the district may subsequently impose
the tax.
SUBCHAPTER G. HOTEL OCCUPANCY TAX
Sec. 3971.0701. DEFINITION. In this subchapter, "hotel"
has the meaning assigned by Section 156.001, Tax Code.
Sec. 3971.0702. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) For the purposes of this subchapter:
(1) a reference in Chapter 352, Tax Code, to a county
is a reference to the district; and
(2) a reference in Chapter 352, Tax Code, to the
commissioners court is a reference to the board.
(b) Except as inconsistent with this subchapter, Subchapter
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized
by this subchapter, including the collection of the tax, subject to
the limitations prescribed by Sections 352.002(b) and (c), Tax
Code.
Sec. 3971.0703. TAX AUTHORIZED; USE OF REVENUE. (a) The
district may not impose a hotel occupancy tax unless the city
consents to the imposition.
(b) The district may impose the hotel occupancy tax for:
(1) any purpose authorized under Chapter 351, Tax
Code; or
(2) the construction, operation, or maintenance of a
sports-related facility of the district if the city is authorized
to impose the tax under Section 351.002, Tax Code, for that purpose
that:
(A) has a notable impact on tourism and hotel
activity; and
(B) is available to the public.
Sec. 3971.0704. TAX RATE. The amount of the hotel occupancy
tax may not exceed seven percent of the price paid for a room in a
hotel.
Sec. 3971.0705. INFORMATION. The district may examine and
receive information related to the imposition of hotel occupancy
taxes to the same extent as if the district were a county.
SUBCHAPTER I. DISSOLUTION
Sec. 3971.0901. 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 debt until that debt has been
repaid or defeased in accordance with the order or resolution
authorizing the issuance of the debt;
(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 and 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 2. The SH130 Municipal Management District No. 1
initially includes all territory contained in the following area:
Tract 1: Being a 23.92 acre tract or parcel of land, situated in the
Oliver Buckman Survey, Number 40, Abstract 60, Travis County,
Texas, and being the remainders of "Tract 1", a called 20.00 acre
tract of land, "Tract 2", a called 5.00 acre tract of land and
"Tract 3", a called 20.05 acre tract of land, all as conveyed to
Hayes Modular Group, Inc., recorded in Document No. 2009120857,
Official Public Records of Travis County, Texas, save and except
that portion conveyed to the State of Texas in Document
No. 2005052171, Official Public Records of Travis County, Texas,
also being the remainder of that certain called 5.15 acre tract of
land conveyed to Hayes Trucking Service, Inc., recorded in Document
No. 2003226321, Official Public Records of Travis County, Texas,
save and except that portion described in a Possession and Use
Agreement for Transportation Purposes, recorded in Document
No. 2006027200, Official Public Records of Travis County, Texas,
and being more particularly described as follows:
BEGINNING at a 1/2" iron rod found on the east line of that certain
tract of land called 402.07 acres, as described in a deed to the
City of Austin, recorded in Volume 3428, Page 565, Deed Records of
Travis County, Texas, marking the northwest corner of the said
Tract 3, also marking the southeast corner of that certain tract of
land called 269.22 acres, as described in a deed to Ann Bloor
Schryver, recorded in Volume 8251, Page 216, Deed Records of Travis
County, Texas, for the northwest corner hereof;
THENCE, with the north line of the said Tract 3, the south line of
the said Schryver tract, S 62° 16' 13" E, passing the northwest
corner of the said Tract 2, for a distance of 619.37 feet to a 1/2"
iron rod found on the north line of the said Tract 3 and the north
line of the said Tract 2, being on the west right-of-way of State
Highway 130, as described in a deed to the State of Texas, recorded
in Document No. 2005052171, Official Public Records of Travis
County, Texas, marking the northeast corner of the said remainder
of Tract 2 and Tract 3, for the northeast corner hereof;
THENCE, with the west right-of-way of State Highway 130, the east
line of the remainders of Tract 2 and Tract 3, S 31° 20' 06" W, 646.66
feet to a 1/2" iron rod found, marking the southeast corner of the
remainder of Tract 3 and the northeast corner of the remainder of
Tract 1, for an angle point hereof;
THENCE, with the west right-of-way of State Highway 130 and the east
line of the said remainder of Tract 1, S 24° 47' 53" W, 710.79 feet to
an iron rod found with an aluminum cap marked "TXDOT" on the
northeast line of the remainder of the said Hayes Trucking tract, on
the southwest right-of-way of State Highway 130, marking the
southeast corner of the said Remainder of Tract 1, for an angle
point hereof;
THENCE, with the southwest right-of-way of State Highway 130 and
the northeast line of the remainder of the said Hayes Trucking
tract, S 15° 27' 52" E, 50.67 feet to a calculated point on the
southwest line of the said State Highway 130 tract recorded in
Document No. 2005052171, marking the most northerly corner of that
certain tract of land called 0.474 of an acre as described in a
Possession and Use Agreement for Transportation Purposes, recorded
in Document No. 2006027200, Official Public Records of Travis
County, Texas, also marking the most easterly southeast corner of
the remainder of the said Hayes Trucking tract, for an angle point
hereof;
THENCE, with the west right-of-way of State Highway 130 and the east
line of the remainder of the said Hayes Trucking tract, the
following three (3) calls:
S 48° 58' 27" W, 147.87 feet to a calculated point for an angle point
hereof;
N 89° 08' 20" W, 42.86 feet to an iron rod found with an aluminum cap
marked "TXDOT" for an angle point hereof;
S 40° 50' 32" W, 90.78 feet to an iron rod found with an aluminum cap
marked "TXDOT" on the north right-of-way of Farm to Market Highway
973, marking the southwest corner of the said Possession and Use
Agreement tract, also marking the most southerly southeast corner
of the remainder of the said Hayes Trucking tract, for the southeast
corner hereof;
THENCE, with the north right-of-way of Farm to Market Highway 973
and the south line of the remainder of the said Hayes Trucking
tract, N 88° 59' 51" W, 607.68 feet to a 1/2" iron rod found, marking
the southwest corner of the remainder of the said Hayes Trucking
tract, also marking the southeast corner of that certain tract of
land called 77.52 acres, as described in a deed to the City of
Austin, recorded in Volume 3555, Page 1196, Deed Records of Travis
County, Texas, for the southwest corner hereof;
THENCE, with the west line of the remainders of the said Hayes
Trucking tract, Tract 1 and Tract 3, the following four (4) calls:
With the east line of the said City of Austin 77.52 acre tract, N 29°
02' 43" E, 345.28 feet to a 1/2" iron rod found marking the
northwest corner of the remainder of the said Hayes Trucking tract
and the southwest corner of the remainder of the said Tract 1;
N 29° 04' 04" E, passing the northeast corner of the said City of
Austin 77.52 acre tract and the southeast corner of the said City of
Austin 402.07 acre tract, 439.37 feet to a round head bolt found on
the west line of the said Tract 1 remainder, for an angle point
hereof;
With the east line of the said City of Austin 402.07 acre tract, N
27° 07' 24" E, 478.47 feet to a 1/2" iron rod found marking the
northwest corner of the said Tract 1 remainder and the southwest
corner of the said Tract 3 remainder, for an angle point hereof;
With the east line of the said City of Austin 402.07 acre tract, N
27° 03' 16" E, 648.87 feet to the PLACE OF BEGINNING, and containing
23.92 acres of land in all, more or less, based on a map or plat
prepared by Holt Carson, Inc. on October 4, 2011.
Tract 2: Being a 61.484 acre tract or parcel of land, situated in
the Oliver Buckman Survey No. 40, Abstract 60, and the Reuben
Hornsby Survey No. 17, Abstract 15, in Travis County, Texas, being
all of that certain tract of land called Tract 3A, 94.910 acres, as
described in a deed to William D. Wittliff and wife, Salty B.
Wittliff, recorded in Volume 12034, Page 325, Real Property Records
of Travis County, Texas, Save and Except that certain tract of land
called 31.676 acres, as described in an agreed judgment to the State
of Texas, recorded in Document No. 2013046364, Official Public
Records of Travis County, Texas, and being more particularly
described as follows:
BEGINNING at an iron rod found at a fence comer, on the north line of
the said Wittliff tract, being on the east right-of-way of State
Highway 130, marking the northeast comer of the said 31.676 acre
tract, also marking the southwest comer of that certain tract of
land called 7 .306 acres, as described in a deed to Bobby Gosey and
wife, Sheldon Gosey, recorded in Document No. 2012151067, Official
Public Records of Travis County, Texas, for the northwest comer
hereof;
THENCE, with the south tine of the said Gosey tract and the north
line of the said Wittliff tract, S 63° 17' 08" E, 1098.03 feet, to a
calculated point in a 2 'x2' rock column fence comer on the west
right-of-way of Gilbert Lane, for the southeast comer of the said
Gosey tract and the northeast comer of the said Wittliff tract, for
the northeast comer hereof;
THENCE, with the west right-of-way of Gilbert Lane and the east line
of the said Wittliff tract, the following three (3) calls:
S 08° 31' 11" W, 496.94 feet to an iron rod found at the beginning of
a curve to the right;
With said curve to the right, having a radius of 1148.47 feet, a
chord bears S 19° 03' 50" W, 421.11 feet, for an arc distance of
423.50 feet to an iron rod found at the end of said curve;
S 29° 41' 17" W, 571.46 feet to a calculated point in a 2'x2' rock
column fence comer, marking the northeast comer of that certain
tract of land called Tract 1: 159.06 acres, as described in a deed
to Vincent DiMare III Trust on 2012. Recorded in document
No. 2013222143, Official Public Records of Travis County, Texas,
also marking the southeast comer of the said Wittliff tract, for the
southeast comer hereof;
THENCE, with the north line of the said DiMare tract and the south
line of the said Wittliff tract, the following three (3) calls:
N 60° 42' 55" W, 188.79 feet to an iron rod found at the beginning of
a curve to the left;
With said curve to the left, having a radius of 1351.54 feet, a
chord bears N 80° 38' 14" W, 934.29 feet, for an arc distance of
953.97 feet to an iron rod found at the end of said curve;
S 79° 08' 00" W, 1042.53 feet to an iron rod found on the approximate
west line of the said Oliver Buckman Survey and the east line of the
said Reuben Hornsby Survey, marking an angle point in the said
DiMare tract, also marking the most southerly southwest corner of
the said Wittliff tract, for the most southerly southwest corner
hereof;
THENCE, with the approximate west tine of the said Buckman Survey
and the approximate east line of the said Hornsby Survey, an east
line of the said DiMare tract and a west line of the said Wittliff
tract, N 26° 50' 36" E, 123.00 feet to an iron rod found for an angle
point in the DiMare tract and the Wittliff tract;
THENCE, with the north line of the said DiMare tract and the south
line of the said Wittliff tract, the following three (3) calls:
N 37° 35' 23" W, 30.60 feet to a l 2" tree stump fence post; N 85° 11'
11" W, 17 .07 feet, to a IO" tree stump fence post;
N 63° 50' 59" W, 59. 72 feet to a 2" pipe fence comer post on the east
right-of-way of State Highway l 30, marking the southeast comer of
the said 3 l .676 acre tract, marking the northwest comer of the
said DiMare tract, for the most westerly southwest corner hereof;
THENCE, crossing the said Wittliff tract, with the east
right-of-way of State Highway l 30 and the east line of the said
31.676 acre tract, the following two (2) calls:
N 45" 36' 23" E, at 539.60 feet, pass an iron rod found with a cap
marked Inland, for a total distance of 2039.47 feet to an iron rod
found;
N 39° 27' 15" E, 314.97 feet to the PLACE OF BEGINNING and containing
61.484 acres of land, more or less.
Tract 3: FIELD NOTES DESCRIPTION OF 715.48 ACRES OF LAND OUT OF THE
JAMES GILLELAND SURVEY NUMBER 13 AND THE THOMAS TOULSON SURVEY
NUMBER 12, TRAVIS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN TRACT
CALLED PARCEL 1 TRACT 1, ALL OF THAT CERTAIN TRACT CALLED PARCEL 1
TRACT II, ALL OF THAT CERTAIN TRACT CALLED PARCEL 2 TRACT I AND ALL
OF THAT CERTAIN TRACT CALLED PARCEL 2 TRACT II IN A DEED TO GRAGG
INTERESTS, LTD, RECORDED IN VOLUME 11561, PAGE 1637 OF THE REAL
PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, THE SAID PARCEL 1 TRACT I
BEING MORE PARTICULARLY DESCRIBED AS 236.08 ACRES IN A DEED TO
CHARLES H. MORRISON RECORDED IN VOLUME 3103, PAGE 382 OF THE DEED
RECORDS OF TRAVIS COUNTY, TEXAS AND THE SAID PARCEL 1 TRACT II BEING
MORE PARTICULARLY DESCRIBED AS 168.2 ACRES IN A DEED TO GARY
MORRISON RECORDED IN VOLUME 3124, PAGE 1120 OF THE DEED RECORDS OF
TRAVIS COUNTY, TEXAS. THE SAID PARCEL 2 TRACT 1 BEING ALL OF THAT
CERTAIN 236.08 ACRES CALLED SECOND TRACT CONVEYED TO THOMAS WARREN
BURLESON IN AN EXECUTOR'S AND PARTITION DEED RECORDED IN VOLUME
3049, PAGE 1609 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS, SAVE
AND EXCEPT THE PORTION LOCATED IN THE 41.432 ACRE TRACT, CALLED TO
BE SAVED AND EXCEPTED IN THE DESCRIPTION OF THE SAID PARCEL 2 TRACT
II. THE SAID PARCEL 2 TRACT II BEING ALL OF THAT CERTAIN 236.08 ACRE
TRACT CALLED SECOND TRACT CONVEYED TO BAYLOR EUGENE BURLESON IN AN
EXECUTOR'S AND PARTITION DEED RECORDED IN VOLUME 3049, PAGE 1619 OF
THE DEED RECORDS OF TRAVIS COUNTY, TEXAS, SAVE AND EXCEPT THAT TRACT
DESCRIBED AS 117.986 ACRES IN A DEED TO BETTY JANE LAWRENCE RECORDED
IN VOLUME 10837, PAGE 154 OF THE REAL PROPERTY RECORDS OF TRAVIS
COUNTY, TEXAS AND SAVE AND EXCEPT THAT PORTION LOCATED IN THE SAID
41.432 ACRE TRACT, CALLED TO BE SAVED AND EXCEPTED IN THE
DESCRIPTION OF THE SAID PARCEL 2 TRACT II. THE SAID 715.48 ACRES OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a fence corner post found on the south line of F.M.
Highway 969, the same being the north line of the said 236.08 acre
Thomas Warren Burleson tract, at the northeast corner of the said
Parcel 2, Tract I and the northwest corner of the said 41.432 acre
Save and Except tract, from which a concrete right-of-way monument
found, called to be at Station 617+00.7, according to Texas
Department of Transportation maps, bears S 72°09'54" E, 875.35 feet;
THENCE, traversing the interior of the said 236.08 acre Thomas
Warren Burleson tract and the said 236.08 acre Baylor Eugene
Burleson tract, along the westerly and southerly lines of the said
41.432 acre Save and Except tract, being common lines with the said
Parcel 2, Tract I and the said Parcel 2, Tract II, the following
four (4) courses and distances:
1)S 27°53'06" W, 703.43 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc., from which a fence corner post
found bears N 48°43' E, 1.6 feet;
2)S31°21'54" E, 272.57 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc., from which a 3/4 inch diameter
iron pipe found bears S 23°37;E, 1.50 feet;
3)S 30°25;54: E, 272.57 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc.;
4)S 62°29'36: E, 43.00 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc. in the interior of the said
236.08 acre Baylor Eugene Burleson tract, at an exterior corner of
the said 117.986 acre Betty Jane Lawrence tract, and northeast
corner of the said Parcel 2, Tract II, from which a fence corner
post found bears N 85°55'W, 1.9 feet and a 1/2 inch diameter steel
pin found at the southeast corner of the said 41.432 acre Save and
Except tract bears S62°29'36" E, 903.59 feet;
THENCE, S 27°54'57" W, a distance of 4993.00 feet to a 1/2 inch
diameter steel pin set with cap stamped Lenz & Assoc. In the
interior of the said 236.08 acre Baylor Eugene Burleson tract at the
southwest corner of the said 117.986 acre Lawrence tract, the same
being an interior corner of the said Parcel 2, Tract II, from which
a fence corner post found bears N 02°50' W, 0.9 feet;
THENCE, S62°29'17" E, a distance of 1003.46 feet to a 1/2 inch
diameter steel pin found on the east line of the said 236.08 acre
Baylor Eugene Burleson tract, at the southeast corner of the said
117.986 acre Lawrence tract, and being an exterior corner of the
said Parcel 2, Tract II, from which a fence corner post found bears
S88°11'W, 1.7 feet;
THENCE, S27°55'09" W, a distance of 3147.99 feet to an iron pipe
found at the southeast corner of the said 236.08 acre Baylor Eugene
Burleson tract and the said Parcel 2, Tract II, from which the
present centerline of Gilleland Creek bears S 27°55'09" W, 693.93
feet;
THENCE, along the south line of the said 236.08 acre Baylor Eugene
Burleson tract and the said Parcel 2, Tract II, the following six
(6) courses and distances:
1)N 42°10'37" W, 125.04 feet to a 1/2 inch diameter steel pin
found;
2)N 37°00'37" W, 257.22 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc.;
3)N 30°21'17" W, 176.02 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc;
4)N 44°21'37" W, 164.44 feet to a 1/2 inch diameter steel pin
found;
5)N 51°16'37" W, 118.36 feet to a 1/2 inch diameter steel pin
found;
6)N 50°11'37" W, 355.28 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc. at the southwest corner of the
said 236.08 acre Baylor Eugene Burleson tract and the said Parcel 2,
Tract II, the same being the southeast corner of the said 236.08
acre Thomas Warren Burleson tract and the said Parcel 2, Tract I;
THENCE, along and with the south line of the said 236.08 acre Thomas
Eugene Burleson tract and the said Parcel 2, Tract 1, the following
three (3) courses and distances:
1)N 50°20'03" W, 167.78 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz Assoc;
2)N 64°45'03" W, 223.61 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc;
3)N 54°35'03" W, 85.62 feet to a point at the intersection
with the present centerline of Gilleland Creek, the same being the
east line of that certain 732.18 acre tract called Tract Three
conveyed to William Karl Rison in a Partition Deed recorded in
Volume 11686, Page 684 of the Real Property Records of Travis
County, Texas;
THENCE, along the approximate centerline of Gilleland Creek, being
the west line of the said Parcel 2, Tract I, the west line of the
said Parcel 1, Tract II and the west line of the said Parcel 1, Tract
1, the centerline of Gilleland Creek also being the east line of the
said 732.18 acre William Karl Rison tract, the east line of that
certain 464.75 acre tract called Tract Three conveyed to Charles
Wilson Hackett, Jr. in the said Partition Deed recorded in Volume
11686, page 684 of the Real Property Records of Travis County,
Texas, the east line of Twin Creek Meadows, a subdivision of record
in Book 83, pages 121A-122C of the Plat Records of Travis County,
Texas and the east line of that certain 157.763 acre tract described
in a deed to Jack D. Shaw, Sr. and wife, Betty R. Shaw recorded in
Volume 8304, Page 250 of the Real Property Records of Travis County,
Texas, the following one-hundred & seventy-four (174) courses and
distances:
1)N 21°07'51" W, 119.68 feet to a point;
2)N 32°11'53" W, 121.33 feet to a point;
3)N 64°17'33" W, 74.37 feet to a point;
4)N 77°46'49" W, 62.86 feet to a point;
5)N 49°27'13" W, 111.95 feet to a point;
6)N 38°01'21" W, 67.54 feet to a point;
7)N 29°20'25" W, 45.76 feet to a point;
8)N 10°24'43" W, 239.47 feet to a point;
9)N 16°50'03" W, 200.68 feet to a point;
10)N 22°49'16" W, 149.75 feet to a point;
11)N 02°35'51" W, 47.20 feet to a point;
12)N 60°54'27" W, 77.59 feet to a point;
13)S 78°06'31" W, 159.40 feet to a point;
14)S 84°23'42" W, 70.65 feet to a point;
15)N 64°54'15" W, 37.91 feet to a point;
16)N 42°55'05" W, 177.12 feet to a point;
17)N 27°00'12" W, 121.62 feet to a point;
18)N 20°31'51" W, 57.20 feet to a point;
19)N 27°40'32" E, 51.58 feet to a point;
20)N 64°22'50" E, 49.64 feet to a point;
21)N 71°19'41" E, 167.54 feet to a point;
22)N 66°21'43" E, 138.83 feet to a point;
23)N 72°07'46" E, 87.42 feet to a point;
24) N 81°38'05" E, at 83.44 feet passing the intersection with
Elm Branch for a common corner of the said 732.18 acre William Karl
Rison tract and the said 464.75 acre Charles Wilson Hackett, Jr.
tract, and continuing a total distance of 92.15 feet to a point;
25) S 73°40'39" E, 69.77 feet to a point;
26) S 89°00'20" E, 90.52 feet to a point;
27) N 74°54'33" E, 110.02 feet to a point;
28) N 64°32'15" E, 197.07 feet to a point;
29) N 52°53'54" E, 60.90 feet to a point;
30) N 65°43'41" E, 63.64 feet to a point;
31) N 29°25'31" E, 150.21 feet to a point;
32) N 24°44'29" E, 120.47 feet to a point;
33) N 02°12'04" E, 158.83 feet to a point;
34) N 13°00'10" W, 127.46 feet to a point;
35) N 24°56'30" E, 165.55 feet to a point;
36) N 29°06'17" E, 100.13 feet to a point;
37) N 03°31'23" E, 97.42 feet to a point;
38) N 20°07'04" E, 102.08 feet to a point;
39) N 11°55'31" E, 72.43 feet to a point;
40) N 20°10'49" W, 285.50 feet to a point;
41) N 11°51'37" W, 59.35 feet to a point;
42) N 23°47'15" W, 77.99 feet to a point;
43) N 42°53'07" W, 228.83 feet to a point;
44) N 38°50'02" W, 68.38 feet to a point;
45) N 63°53'40" W, 67.10 feet to a point;
46) N 78°00'32" W, 57.26 feet to a point;
47) S 89°03'54" W, 110.52 feet to a point;
48) N 75°50'30" W, 65.54 feet to a point;
49) N 85°39'50" W, 48.83 feet to a point;
50) N 79°58'43" W, 106.82 feet to a point;
51) N 73°09'30" W, 165.41 feet to a point;
52)N 84°37'13" W, 170.04 feet to a point;
53)N 69°39'14" W, 161.46 feet to a point;
54)N 57°17'20" W, 84.79 feet to a point;
55)N 65°56'10" W, 104.16 feet to a point;
56)N 73°48'53" W, 157.22 feet to a point;
57)N 89°41'57"W, 46.42 feet to a point;
58)N 75°33'09" W, 124.24 feet to a point;
59)N 57°11'51" W, 102.51 feet to a point;
60)N 37°27'55" W, 92.08 feet to a point;
61)N 20°00'42" W, 129.64 feet to a point;
62)N 04°34'16" E, 31.57 feet to a point;
63)N 23°34'39" W, 32.77 feet to a point;
64)N 44°45'11" W, 55.41 feet to a point;
65)N 62°55'00" W, 32.67 feet to a point;
66)N 81°58'50" W, 84.74 feet to a point;
67)N 75°51'02" W, 141.20 feet to a point;
68)N 68°12'39" W, 83.84 feet to a point;
69)N 85°13'14" W, 48.91 feet to a point;
70)N 71°50'44" W, 58.26 feet to a point;
71)N 13°25'49" W, 105.53 feet to a point;
72)N 01°27'16" W, 55.36 feet to a point;
73)N 12°03'14" E, 173.31 feet to a point;
74)N 34°19'48" E, . feet to a point;
75)N 07°46'02" E, at 30.94 feet passing the intersection of
Decker Branch for the southeast corner of the said Twin Creek
Meadows subdivision, the same being a corner of the said 464.75 acre
Charles Wilson Hackett, Jr. tract, and continuing a total distance
of 98.65 feet to a point;
76) N 08°48'24" W, 83.86 feet to a point;
77) N 09°27'12" W, 85.62 feet to a point;
78) N 06°07'48" E, 180.87 feet to a point at the common rear
corner of Lots 20 and 21 of the said Twin Creek Meadows subdivision,
from which a 1/2 inch diameter steel pin found on the east line of
Decker Creek Drive at the common front corner of the said Lots 20
and 21 bears N 47°21'06" W, 53.91 feet and N 60°36'06" W, 989.29 feet;
79) N 16°16'48" E, 163.87 feet to a point;
80) N 20°32'48" E, 82.09 feet to a point;
81) N 24°00'48" E, 69.50 feet to a point;
82) N 16°33'48" E, 69.76 feet to a point;
83) N 37°23'48" E, 61.98 feet to a point;
84) N 40°21'27" E, 76.96 feet to a point;
85) N 49°21'27" E, 60.46 feet to a point;
86) N 86°02'12" E, 91.44 feet to a point;
87) N 28°06'12" W, 81.71 feet to a point;
88) N 86°02'12" W, 80.77 feet to a point;
89) N 53°36'12" W, 138.43 feet to a point;
90) N 17°37'12" W, 58.43 feet to a point;
91) N 27°15'12" W, 77.46 feet to a point;
92) N 10°02'12" W, 83.40 feet to a point;
93) N 06°38'12" W, 115.05 feet to a point;
94) N 08°27'48" E, 75.97 feet to a point;
95) N 01°07'12" W, 103.15 feet to a point;
96) N 07°49'48" E, 49.66 feet to a point;
97) N 36°44'48" E, 197.55 feet to a point;
98) N 40°50'48" E, 104.02 feet to a point;
99) N 32°22'48" E, 149.35 feet to a point at the common rear
corner of Lots 27 and 28 of the said Twin Creek Meadows subdivision,
from which a 1/2 inch diameter steel pin found on the east
right-of-way line of Decker Creek Drive on the west line of the said
Lot 28, at the beginning of a 60 foot radius curve, bears N 62°25'21"
W, 446.69 feet and N 29°22'46" E, 144.21 feet;
100) N 29°18'48" E, 151.47 feet to a point;
101) N 15°49'48" E, 100.39 feet to a point at the northeast
corner of the said Twin Creek Meadows subdivision and southeast
corner of the said 157.763 acre Shaw tract;
102) N 32°16'16" E, 186.67 feet to a point;
103) N 66°53'45" E, 69.37 feet to a point;
104) N 63°07'19" E, 114.58 feet to a point;
105) N 25°42'03" E, 155.37 feet to a point;
106) N 40°53'01" E, 47.33 feet to a point;
107) N 83°36'08" E, 44.60 feet to a point;
108) S 59°14'12" E, 92.35 feet to a point;
109) S 53°56'49" E, 45.73 feet to a point;
110) N 59°34'22" E, 45.98 feet to a point;
111) N 21°04'27" E, 66.74 feet to a point;
112) N 31°51'50" E, 49.95 feet to a point;
113) N 47°15'41" E, 57.09 feet to a point;
114) N 26°23'21" E, 170.26 feet to a point;
115) N 37°13'19" E, 90.34 feet to a point;
116) N 67°44'09" E, 73.83. feet to a point;
117) S 34°48'49" E, 117.74 feet to a point;
118) S 18°07'49" E, 86.24 feet to a point;
119) S 63°05'14" E, 84.83 feet to a point;
120) S 83°45'31" E, 51.65 feet to a point;
121) S 68°49'56" E, 108.81 feet to a point;
122) N 74°10'25" E, 76.10 feet to a point;
123) N 55°26'04" E, 149.30 feet to a point;
124) N 06°42'55" E, 43.34 feet to a point;
125) N 48°28'11" E, 85.96 feet to a point;
126) N 63°53'47" E, 139.95 feet to a point;
127) N 65°47'12" E, 51.68 feet to a point;
128) N 10°06'21" E, 44.58 feet to a point;
129) N 13°09'02" W, 70.23 feet to a point;
130) N 22°16'48" E, 65.12 feet to a point;
131) S 83°51'42" E, 32.19 feet to a point;
132) N 53°14'52" E, 68.27 feet to a point;
133) S 80°25'08" E, 92.91 feet to a point;
134) N 78°36'50" E, 88.54 feet to a point;
135) N 58°00'33" E, 61.71 feet to a point;
136) N 24°39'17" E, 84.20 feet to a point;
137) N 60°09'04" E, 75.55 feet to a point;
138) S 71°49'56" W, 42.26 feet to a point;
139) N 88°50'36" W, 80.48 feet to a point;
140) N 36°37'28" W, 62.68 feet to a point;
141) N 23°17'02" E, 162.01 feet to a point;
142) N 13°30'15" W, 118.38 feet to a point;
143) N 23°27'28" W, 76.36 feet to a point;
144) N 04°51'59" E, 114.74 feet to a point;
145) N 60°03'01" W, 60.82 feet to a point;
146) N 60°03'01" W, 132.50 feet to a point;
147) N 01°22'12" W, 49.44 feet to a point;
148) N 34°22'37" E, 66.00 feet to a point;
149) N 50°55'42" E, 171.34 feet to a point;
150) N 76°35'07" E, 60.99 feet to a point;
151) N 53°54'01" E, 168.94 feet to a point;
152) N 72°31'25" E, 79.23 feet to a point;
153) S 57°46'48" E, 82.69 feet to a point;
154) S 30°13'55" E, 97.85 feet to a point;
155) S 08°44'30" E, 44.68 feet to a point;
156) S 28°10'24" E, 102.81 feet to a point;
157) S 63°59'59" E, 121.08 feet to a point;
158) N 60°16'49" E, 45.46 feet to a point;
159) S 86°31'48" E, 41.90 feet to a point;
160) S 73°13'02" E, 107.79 feet to a point;
161) N 76°40'56" E, 14.51 feet to a point;
162) S 57°46'48" E, 32.55 feet to a point;
163) S 89°07'42" E, 102.03 feet to a point;
164) S 18°36'11" E, 20.56 feet to a point;
165) S 86°28'54" E, 32.87 feet to a point;
166) N 68°24'52" E, 64.55 feet to a point;
167) N 14°23'09" W, 49.62 feet to a point;
168) N 42°54'47" W, 102.34 feet to a point;
169) N 27°56'54" W, 39.87 feet to a point;
170) N 51°09'15" E, 36.99 feet to a point;
171) S 87°21'40" E, 123.19 feet to a point;
172) N 54°33'22" E, 24.59 feet to a point;
173) N 02°43'51" W, 59.49 feet to a point;
174) N 04°04'03" E, 63.40 feet to a point at the intersection
with the south right-of-way line of F.M. Highway No. 969 at the
northwest corner of the said Parcel 1, Tract I and northeast corner
of the said 157.763 acre Shaw tract, from which a concrete
right-of-way monument found bears S 89°46'58" W, 177.73 feet;
THENCE, along and with the south right-of-way line of F.M. Highway
Number 969 and north lines of the said Parcel 1, Tract I and Parcel
2, Tract I, the following three (3) courses and distances:
1)N 89°46'58" E, 1352.07 feet to a concrete right-of-way
monument found;
2)With a curve to the right, having a central angle of
18°09'15", a radius of 1859.86 feet, an arc of 589.29 feet and a
chord bearing and distance of S 81°15'26" E, 586.83 feet to a
concrete right-of-way monument found;
3)S 72°09'54" E, 908.15 feet to the PLACE OF BEGINNING,
containing 715.48 acres of land, more or less.
Tract 4: FIELD NOTES DESCRIPTION OF 18.53 ACRES OF LAND OUT OF THE
THOMAS TOULSON SURVEY NUMBER 12, TRAVIS COUNTY, TEXAS, ALSO BEING A
PORTION OF THAT CERTAIN TRACT CALLED TO CONTAIN 400 ACRES, CALLED
THIRD TRACT, IN A DEED TO BAYLOR B. BURLESON AND EUGENE S. BURLESON
RECORDED IN VOLUME 257, PAGE 508 OF THE DEED RECORDS OF TRAVIS
COUNTY, TEXAS. THE SAID 18.53 ACRES OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pipe found on the east line of the said 400 acre
Burleson tract at the southeast corner of that certain 236.08 acre
tract called Second Tract conveyed to Baylor Eugene Burleson in an
Executor's and Partition Deed recorded in Volume 3049, Page 1619 of
the Deed Records of Travis County, Texas, the same being the
southeast corner of that certain tract called Parcel 2, Tract II in
a deed to Gragg Interests LTD, recorded in Volume 11561, Page 1637
of the Real Property Records of Travis County, Texas;
THENCE, S27°55'09" W, a distance of 693.93 feet along the east line
of the said 400 acre Burleson tract to a point at the intersection
with the present centerline of Gilleland Creek for the southeast
corner of the said 400 acre Burleson tract;
THENCE, with the approximate present centerline of Gilleland Creek
and west line of the said 400 acre Burleson tract, the same being
the east line of that certain 732.18 acre tract called Tract Three
conveyed to William Karl Rison in a Partition Deed recorded in
Volume 11686, Page 684 of the Real Properly Records of Travis
County, Texas, the following thirteen (13) courses and distances:
1)N 56°18'59" W, 52.49 feet to a point;
2)N 61°12'22" W, 167.33 feet to a point;
3)N 44°52'14" W, 74.35 feet to a point;
4)N 36°22'55" W, 173.57 feet to a point;
5)N 27°20'55" W, 170.45 feet to a point;
6)N 17°41'10" W, 145.99 feet to a point;
7)N 02°32'12" W, 101.23 feet to a point;
8)N 10°04'19" W, 164.05 feet to a point;
9)N 19°05'44" W, 185.93 feet to a point;
10) N 21°01'07" W, 85.59 feet to a point;
11) N 24°30'51" W, 507.79 feet to a point;
12) N 28°36'36" W, 129.79 feet to a point;
13) N 21°07'51" W, 50.91 feet to a point on the west line of
that certain 236.08 acre tract called Second Tract conveyed to
Thomas Warren Burleson in an Executor's and Partition Deed recorded
in Volume 3049, Page 1609 of the Deed Records of Travis, County,
Texas, the same being the west line of that certain tract called
Parcel 2, Tract I in a deed to Gragg Interests LTD, recorded in
Volume 11561, Page 1637 of the Real Property Records of Travis
County, Texas;
THENCE, along and with the west line of the said 236.08 acre Thomas
Warren Burleson tract and the said Parcel 2, Tract I, the following
three (3) courses and distances;
1)S 54°35'03" E, 85.62 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc;
2)S 64°45'03" E, 223.61 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc;
3)S 50°20'03" E, 167.78 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc. at the southeast corner of the
said 236.08 acre Thomas Warren Burleson tract and the said Parcel 2,
Tract I, the same being the southwest corner of the said 236.08 acre
Baylor Eugene Burleson tract and the said parcel 2, Tract II;
THENCE, along and with the west line of the said 236.08 acre Baylor
Eugene Burleson tract and the said parcel 2, Tract II, the following
six (6) courses and distances:
1)S 50°11'37" E, 355.28 feet to a 1/2 inch diameter steel pin
found;
2)S51°16'37" E, 118.36 feet to a 1/2 inch diameter steel pin
found;
3)S 44°21'37" E, 164.44 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc;
4)S 30°21'17" E, 176.02 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc;
5)S 37°00'37" E, 257.22 feet to a 1/2 inch diameter steel pin
found;
6)S 42°10'37" E, 125.04 feet to the PLACE OF BEGINNING,
containing 18.53 acres of land, more or less.
Tract 5: FIELD NOTES DESCRIPTION OF 117.98 ACRES OF LAND (GROSS
AREA) OUT OF THE THOMAS TOULSON SURVEY NUMBER 12, TRAVIS COUNTY,
TEXAS, BEING ALL OF THAT CERTAIN TRACT CALLED TO CONTAIN 117.986
ACRES DESCRIBED IN A DEED TO BETTY JANE LAWERENCE RECORDED IN VOLUME
10837, PAGE 154 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,
TEXAS, SAVE AND EXCEPT 0.23 ACRES, BEING ALL OF THAT CERTAIN TRACT
CALLED TO CONTAIN 0.2296 ACRES, DESCRIBED IN A DEED FROM BETTY JANE
LAWRENCE TO MANVILLE WATER SUPPLY CORPORATION RECORDED IN VOLUME
11545, PAGE 824 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY,
TEXAS, RESULTING IN A NET AREA OF 117.75 ACRES OF LAND. THE SAID
117.75 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch diameter steel pine set with cap stamped
Lenz & Assoc. on the curving south right-of-way line of F.M. Highway
969 at the northeast corner of the said Lawrence tract, the same
being at the northwest corner of that certain 9.371 acre tract
described in a deed to Robert Gliden Kuykendall, III and Ann
Kuykendall recoded in Volume 13232, Page 199 of the Real Property
Records of Travis County, Texas, from which a concrete right-of-way
monument found at the east end of said curve, called to be at
Station 628+07.4 Bk = 628+08.8 Fwd according to Texas Department of
Highways and Transportation maps bears a chord bearing and distance
of S 55°04'05" E, 263.18, feet;
Thence, S 27°55'12" W, along the east line of the said Lawrence
tract, passing a 1/2 inch diameter steel pin found at 2.36 feet,
passing a 1/2 inch diameter steel pin found at the southwest corner
of the said 9.371 acre Kuykendall tract, the same being the
northwest corner of the certain 18.357 acre tract described in the
said deed to Kuykendall at 1052.32 feet, passing a 1/2 inch diameter
steel pin found at the southwest corner of the said 18.357 acre
Kuykendall tract, the same being an exterior corner of that certain
819.425 acre tract described in a deed to Bill F. McGraw and
Katherine H. McGraw recorded in Volume 13229, Page 2338 of the Real
Property Records of Travis County, Texas at 2145.17 feet and
continuing a total distance of 6264.23 feet to a 1/2 inch diameter
steel pin found on the west line of the said McGraw tract at the
southeast corner of the said Lawrence tract and Southeast corner of
the Erin described tract, the same being an exterior corner of that
certain 715.48 acre tract described in a deed to Webbers Crossing
Ltd. recorded in Document Number 2005228084 of the Official Public
Records of Travis County, Texas;
THENCE, N 62°29'17" W, a distance of 1003.46 feet to a 1/2 inch
diameter steel pin found with cap stamped Lenz & Assoc. at the
southwest corner of the said Lawrence tract, the same being an
interior corner of the said 715.48 acre Webbers Crossing, Ltd.
tract;
THENCE, N 27°54'57" E, a distance of 4993.00 feet to a 1/2 diameter
steel pin four with cap stamped Lenz & Assoc. at an exterior corner
of the said Lawrence tract for an angle point on the east line of the
said 715.48 acre Webbers Crossing, Ltd. tract, the same being an
angle point on the south line of that certain 41.432 acre Save and
Except tract described in Parcel 2, Tract II of a deed recorded in
Volume 11561, Page 1637 of the Real Property Records of Travis
County, Texas;
THENCE, S 62°29'36" E, a distance of 903.59 feet to a 1/2 inch
diameter steel pin found at an interior corner of the said Lawrence
tract, the same being the southeast corner of the said 41.432 acre
Save and Except tract;
THENCE, N 27°55'12" E, a distance of 1284.62 feet to a 1/2 inch
diameter steel pin set with cap stamped Lenz & Assoc. on the south
right-of-way line of F.M. Highway 969 at the northerly northwest
corner of the said Lawrence tract and northeast corner of the said
41.432 acre Save and Except tract, from which a concrete
right-of-way monument found in the north right-of-way line of F.M.
Highway Number 969 bears N 53°07'06" W, 34.78 feet and N 30°11'22" E,
80.31 feet;
THENCE along the south right-of-way line of F.M. Highway 969, the
following two (2) courses and distance:
1)S 53°07'06" E, 63.79 feet to a 1/2 diameter steel pin set,
from which a concrete right-of-way monument found on the north
right-of-way line of F.M. Highway 969 bears N 31°55'47" E, 99.43
feet;
2)With a curve to the right, having a central angle of
0°39'48", a radius of 3224.05 feet, an arc of 37.32 feet and a chord
bearing and distance of S 57°44'20" E, 37.32 feet to the PLACE OF
BEGINNING, containing 117.98 acres of land (Gross Area), SAVE AND
EXCEPT the following described tract containing 0.23 acres of land
resulting 117.75 acres (Net Area):
0.23 ACRES OF LAND OUT OF THE THOMAS TOULSON SURVEY 12, TRAVIS
COUNTY, TEXAS, BEING ALL OF THAT CERTAIN TRACT CONVEYED FROM BETTY
JANE LAWRENCE TO MANVILLE WATER SUPPLY CORPORATION RECORDED IN
VOLUME 11545, PAGE 824 OF THE REAL PROPERTY RECORDS OF TRAVIS
COUNTY, TEXAS. THE SAID 0.23 ACRE OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUND AS FOLLOWS:
COMMENCING at a 1/2 inch diameter steel pin found at the southeast
corner of the above described tract:
THENCE, N 62°29'17" W, a distance of 377.97 feet along the south line
of the above described tract to a point;
THENCE, N 27°30'43" E, a distance of 127.04 feet to a 1/2 inch
diameter steel pin found in the interior of the said Lawrence tract
at the southeast corner of the said Manville Water Supply
Corporation tract of the PLACE OF BEGINNING of the herein described
tract;
THENCE, N 62°28'12" W, a distance of 99.90 feet to a 1/2 inch
diameter steel pin found southwest corner of the said Manville
Water Supply Corporation tract;
THENCE, N 27°28'34" W, a distance of 99.96 feet to a 1/2 inch
diameter steel pin found northwest corner of the said Manville
Water Supply Corporation tract;
THENCE, N 62°20'59" W, a distance of 99.90 feet to a 1/2 inch
diameter steel pin found northeast corner of the said Manville
Water Supply Corporation tract;
THENCE, N 27°35'23" W, a distance of 99.75 feet to the PLACE OF
BEGINNING, containing 0.23 acres of land, more or less.
Tract 6: FIELD NOTES DESCRIPTION OF 41.39 ACRES OF LAND OUT OF THE
THOMAS TOULSON SURVEY NUMBER 12, TRAVIS COUNTY. TEXAS. BEING A
REMAINDER PORTION OF THAT CERTAIN 236.08 ACRE TRACT, CALLED
SECOND TRACT, CONVEYED TO THOMAS WARREN BURLESON BY DEED
RECORDED IN VOLUME 3049, PAGE 1609 OF THE DEED RECORDS OF TRAVIS
COUNTY, TEXAS, ALSO BEING A REMAINDER PORTION OF THAT CERTAIN
236.08 ACRE TRACT, CALLED SECOND TRACT, CONVEYED TO
BAYLOR EUGENE BURLESON BY DEED RECORDED IN VOLUME 3049, PAGE 1619
OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS. THE SAID 41.39 ACRES
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2 inch diameter steel pin set with cap stamped
Lenz & Assoc. on the south right-of-way line of F.M. Highway 969, as
described in a deed to the State of Texas recorded in Volume 1421,
Page 174 of the Deed Records of Travis County, Texas, the same being
the north line of the said 236.08 acre Baylor Eugene Burleson
tract, and being at the northerly most northwest corner of that
certain 117.75 acre tract described in a deed to James R.
Carpenter recorded in Document Number 2006148977 of the
Official Public Records of Travis County. Texas;
THENCE, S 27°55'12" W, a distance of 1284.62 feet to a 1/2 inch
diameter steel pin found at an interior corner of the said 117.75
acre Carpenter tract;
THENCE, N 62°29'36" W, at 903.59 feet passing a 1/2 inch
diameter steel pin set with cap stamped Lenz & Assoc. at an
exterior corner of the said 117.75 acre Carpenter tract, the same
being an exterior corner of that certain 715.48 acre tract
described in a deed to Webbers Crossing, LTO recorded in
Document Number 2005228084 of the Official Public Records of
Travis County, Texas, and continuing a total distance of 946.59
feet to a 1/2 inch diameter steel pin set with cap stamped Lenz &
Assoc. at an angle point on the east line of the said 715.48 acre
Webbers Crossing, LTD tract;
THENCE, along the east line of the said 715.48 acre Webbers
Crossing, LTO tract, the following three (3) courses and distances:
1) N 30°25'54" W, 272.57 feet to a 60d nail set on top of a fence
corner post;
2) N 31°21'54" W, 471.22 feet to a 1/2 inch diameter steel pin set
with cap stamped Lenz & Assoc.;
3) N 2°53'06" E, 703.43 feet to a fence corner post found on the
south line of F.M. Highway Number 969 at an exterior corner of the
said 715.48 acre Webbers Crossing, LTO tract, from which a concrete
right-of-way monument found bears N 72°09'54" W, 908.15 feet;
THENCE, along and with the south right-of-way line of F.M. Highway
Number 969, the following five {5) courses and distances:
1) S 72°09'54" E, 875.35 feet to a concrete right-of-way monument
found;
2) With a curve to the right, having a central angle of 03°27'57", a
radius of 3224.05 feet, an arc of 195.02 feet and a chord bearing
and distance of S 70°20'53" E, 194.99 feet to a concrete
right-of-way monument found;
3) S 73°28'24" E, 99.96 feet to a concrete right-of-way monument
found;
4) With a curve to the right, having a central angle of 07°02'23", a
radius of 3234.05 feet. an arc of 397.36 feet and a chord bearing
and distance of S 63°19'49" E, 397.11 feet to a 1/2 inch diameter
steel pin set with cap stamped Lenz & Assoc., from which a concrete
right- of-way monument found on the north right-of-way line of F.M.
Highway Number 969 bears N 30°11'22" E, 80.31 feet;
5) S 53°07'06" E, 34.78 feet to the PLACE OF BEGINNING, containing
41.39 acres of land, more or less.
Tract 7: FIELD NOTES DESCRIPTION OF 159.802 ACRES OF LAND OUT OF THE
JAMES GILLELAND SURVEY NO. 13 TRAVIS COUNTY, TEXAS. BEING ALL OF
THAT CERTAIN TRACT CALLED 159.631 ACRES IN A TO EQUIVEST
PROPERTIES, INC. TRUSTEE, RECORDED IN VOLUME 11205, PAGE 1205 OF
THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED AS TWO TRACTS, BEING 77.92 ACRES DESCRIBED
IN A DEED TO EQUIVEST PROPERTIES, INC., TRUSTEE RECORDED IN VOLUME
4738, PAGE 647 AND 81.90 ACRES IN A DEED TO QUIVEST PROPERTIES,
INC., TRUSTEE RECORD ED IN VOLUME 4736, PAGE 662, BOTH OF THE DEED
RECORDS OF TRAVIS COUNTY, TEXAS. THE SAID 159.802 ACRES OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2 inch diameter steel pin found at the
intersection of the north right-of-way line of F.M. Highway Number
969 with the west line of Burleson-Manor Road and being at the
southeast corner of the aid 77.92 acre tract describe in Volume
4735, Page 547 of the Deed Record of Travis County, Texas;
THENCE, along and with the north right-of-way line of F.M. Highway
Number 969, the following three (3) courses and distances:
1)N 70°03'56" W, 529.64 feet to a concrete right-of-way
monument found;
2)With a curve to the left, having a central angle of
18°09'25", a radius of 1959.86 feet, an arc of 621.07 feet and a
chord bearing and distance of N 79°06'31" W, 618.48 feet to a
concrete right-of-way monument found;
3)N 88°07'39" W, 710.64 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc. at the southwest corner of the
said 81.90 acre tract, the same being the southeast corner of the
certain 79.756 acre tract described in a deed to Christopher R.
Murray and Florentina Murry recorded in Volume 12322, Page 344 of
the Real Property Records of Travis County, Texas, the same being
the southeast corner of a 1.39 acre portion of the said 79.785 acre
Murray tract described in a deed to Tremur Consulting Contractors,
Inc. recorded in Volume 12658, Page 421 of the Real Property Records
of Travis County, Texas, from which a concrete right-of-way
monument found bears N 88°07'39" W, 820.07 feet and a 1/2 inch
diameter steel pin found bears S 30°00'00" W, 0.31 feet;
THENCE, N 30°00'00" E, along the west line of the said 81.90 acre
tract, the same being the east line of the said 1.39 acre Tremor
Consulting Contractors, Inc. tract and the remainder portion of the
said 79.788 acre Murray tract, passing a 1/2 inch diameter steel pin
found 0.29 feet east of line at 169.38 feet passing a 1/2 inch
diameter steel pin found 0.28 feet west of line at 305.27 feet,
passing a 1/2 inch diameter steel pin found 0.29 feet west of line
at 1331.22 feet and continuing a total distance of 4303.44 feet to a
1/2 inch diameter steel pin found at a fence corner post at the
northwest corner of the said 81.90 acre tract, the same being the
northeast corner of the said 79.785 acre Murray tract and being on
the south line, as presently fenced, of that certain 72.453 acre
tract described in a deed to Mary Frances Wisian recorded in Volume
5208, Page 989 of the northwest corner of the said 79.785 Murray
tract, the same being an interior corner of the said 72.453 acre
Wisian tract bears N 50°27'54" W. 588.19 feet;
THENCE, S 50°56'10" E, a distance of 1775.73 feet along the north
line of the said 81.90 acre and 77.92 acre Equivest Properties, Inc.
Trustee tracts, as presently fenced, the same being the south line
of the said 72.453 acre Wisian tract, as presently fenced, to a
fenced corner post on the west line of Burleson-Manor Road;
THENCE, along and with the east line of the said 77.92 acre tract
and west line of Burleson=-Manor Road, the following three (3)
course and distances;
1)S 29°52'56" W, 3129.27 feet to a 1/2 inch diameter steel pin
set cap stamped Lenz & Assoc.;
2)S 44°27'00" W, 165.92 feet to a 1/2 inch diameter steel pin
set with cap stamped Lenz & Assoc.;
S 31°14'00" W, 413.61 feet to the PLACE OF BEGINNING, containing
159.802 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,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4694 was passed by the House on May 3,
2019, by the following vote: Yeas 128, Nays 12, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4694 was passed by the Senate on May
21, 2019, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor