Bill Text: TX HB4638 | 2021-2022 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of certain municipal management districts; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-18 - Effective on 1/1/22 [HB4638 Detail]

Download: Texas-2021-HB4638-Introduced.html

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87R11604 CXP-F
By: Bucy H.B. No. 4638

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the City of Leander 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 3918 to read as follows:
CHAPTER 3918. LEANDER MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3918.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Leander.
(3) "Director" means a board member.
(4) "District" means the Leander Municipal Management
District No. 1.
Sec. 3918.0102. CREATION AND NATURE OF DISTRICT. The
Leander Municipal Management District No. 1 is a special district
created under Section 59, Article XVI, Texas Constitution.
Sec. 3918.0103. PURPOSE; LEGISLATIVE FINDINGS. (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, 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. 3918.0104. FINDINGS OF BENEFIT AND PUBLIC USE. (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;
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district; and
(5) promote and secure expanded and improved
transportation and pedestrian facilities and systems designed to
benefit the land and property in the district, the employees,
employers, and consumers in the district, and the general public.
(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 road, transportation, and pedestrian
facilities and systems and are considered to be a street,
transportation, or pedestrian 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. 3918.0105. 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. 3918.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) 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;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for:
(1) the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code; and
(2) any other district purpose, including the right to
pledge the money as security for any bonds or other obligations
issued by the district.
(c) A tax increment reinvestment zone created by the city in
the district is not subject to the limitations provided by Section
311.006, Tax Code.
Sec. 3918.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICT LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3918.0108. LIMITED WAIVER OF SOVEREIGN IMMUNITY. The
district is considered to have waived sovereign immunity to suit by
the city for the purpose of adjudicating a claim for breach of the
development agreement described by Section 3918.0302.
Sec. 3918.0109. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Sec. 3918.0110. CONFLICT OF LAWS. In the event of a
conflict between this chapter and any other law, this chapter
prevails.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3918.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors who serve staggered terms of
four years with two or three directors' terms expiring June 1 after
the fourth anniversary of the date of the directors' appointment.
(b) The board may not create an executive committee to
exercise the powers of the board.
Sec. 3918.0202. QUALIFICATIONS OF DIRECTORS. To be
qualified to serve as a director, a person must be:
(1) an owner of property in the district;
(2) an owner of stock or a partnership or membership
interest, whether beneficial or otherwise, of a corporate owner of
an interest in property in the district;
(3) an owner of a beneficial interest in a trust, or a
trustee in a trust, that directly or indirectly owns property in the
district; or
(4) an agent, employee, or tenant of a person
described by Subdivision (1), (2), or (3).
Sec. 3918.0203. APPOINTMENT OF DIRECTORS. The governing
body of the city shall appoint directors from persons recommended
by the board.
Sec. 3918.0204. VACANCY. (a) If a vacancy occurs on the
board, the remaining directors shall appoint a director for the
remainder of the unexpired term.
(b) A director may resign from the board at any time.
Sec. 3918.0205. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary. The offices
of chair and secretary may not be held by the same person.
Sec. 3918.0206. COMPENSATION; EXPENSES. (a) A director
may not receive compensation for service on the board.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board. The total amount of expenses for
each director in one year may not exceed the amount approved by the
board.
Sec. 3918.0207. LIABILITY INSURANCE. The district may
obtain and pay for comprehensive general liability insurance
coverage from a commercial insurance company or other source that
protects and insures a director against personal liability and from
all claims relating to:
(1) actions taken by the director in the director's
capacity as a member of the board;
(2) actions and activities taken by the district; or
(3) the actions of others acting on behalf of the
district.
Sec. 3918.0208. BOARD MEETINGS. (a) The board shall hold
meetings at a place accessible to the public.
(b) The board must post notice of each meeting with the city
secretary not later than 72 hours before the scheduled time of the
meeting.
Sec. 3918.0209. INITIAL DIRECTORS. (a) On or after January
1, 2022, the owner or owners of a majority of the assessed value of
real property in the district may submit a petition to the governing
body of the city requesting that the governing body appoint five
persons as initial directors from a list of persons in the district.
(b) A petition must name more than five qualified persons.
(c) The governing body shall appoint as initial directors
five persons listed in the petition who are qualified to serve as
directors.
(d) The initial directors shall determine by lot which three
positions expire June 1 following the second anniversary of the
date of the appointment and which two positions expire June 1
following the fourth anniversary of the date of the appointment.
(e) This section expires September 1, 2027.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3918.0301. GENERAL POWERS AND DUTIES. (a) The
district has the powers and duties necessary to accomplish the
purposes for which the district is created.
(b) The board may not take any action or exercise any power
granted under this chapter other than to hold an initial
organizational meeting until the development agreement described
by Section 3918.0302 is approved by the city and executed by the
parties to the agreement.
Sec. 3918.0302. DEVELOPMENT AGREEMENT. (a) The city, the
owner of the majority of the land in the district, and any other
entities the city determines are necessary to the agreement may
execute a development agreement if approved by the city.
(b) This chapter expires on the fourth anniversary of the
effective date of the Act enacting this chapter if the development
agreement under Subsection (a) is not executed before that date.
Sec. 3918.0303. 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.
(d) A district improvement project or service must comply
with:
(1) any city zoning and subdivision requirements; and
(2) city codes and ordinances.
(e) The district may not provide, conduct, or authorize an
improvement project on any street, highway, right-of-way, or
easement owned or controlled by the city unless the governing body
of the city by resolution consents to the improvement.
(f) An improvement project described by Subsection (a) may
be located:
(1) in the district; or
(2) in an area outside the district if the project is
for the purpose of extending a public infrastructure improvement
beyond the district's boundaries to a logical terminus.
Sec. 3918.0304. IMPROVEMENT PROJECT AND SERVICE IN
DEFINABLE AREA; BENEFIT BASIS. The district may undertake an
improvement project or service that confers a special benefit on a
definable area in the district and levy and collect a special
assessment on benefited property in the district in accordance
with:
(1) Chapter 372, Local Government Code; or
(2) Chapter 375, Local Government Code.
Sec. 3918.0305. LAW ENFORCEMENT SERVICES. To protect the
public interest, with the consent of the city by resolution, the
district may contract with a qualified party, including the city,
to provide supplemental and enhanced law enforcement and security
services in the district for a fee.
Sec. 3918.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district, in coordination with the city, 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 that Chapter 380,
Local Government Code, provides to a municipality.
Sec. 3918.0307. 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. 3918.0308. ADDING OR REMOVING TERRITORY. (a) The
board may add or remove territory as provided by Subchapter J,
Chapter 49, Water Code.
(b) The district may add or remove territory as described by
Subsection (a) only if the governing body of the city by ordinance
or resolution consents to the addition or removal.
Sec. 3918.0309. EXEMPT PROPERTY. The district may not
impose an impact fee, assessment, tax, or other charge on property
owned by the city, the county, or other political subdivision or on
property exempted under this section except as provided by
Subchapter H, Chapter 375, Local Government Code.
Sec. 3918.0310. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3918.0401. 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. 3918.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment to
finance improvement projects and services authorized by this
chapter in all or any definable part of the district in the manner
provided by Subchapter F, Chapter 375, Local Government Code.
(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 after providing notice and holding a hearing as
provided by Subchapter F, Chapter 375, Local Government Code.
Sec. 3918.0403. TAX AND ASSESSMENT ABATEMENTS. Without
additional procedures, the district may enter into a tax abatement
agreement.
Sec. 3918.0404. USE OF ELECTRICAL OR OPTICAL LINES. (a)
The district may impose an assessment to pay the cost of:
(1) burying, relocating, or removing electrical power
lines, telephone lines, cable or fiber-optic lines, or any other
type of electrical or optical line;
(2) removing poles and any elevated lines using the
poles; and
(3) reconnecting the lines described by Subdivision
(2) to the buildings or other improvements to which the lines were
connected.
(b) The assessment under Subsection (a) may not be imposed
on the property, including the equipment, rights-of-way,
easements, facilities, or improvements, of a telecommunications
provider as defined by Section 51.002, Utilities Code, or a cable
service provider or video service provider as defined by Section
66.002, Utilities Code, unless the property is used as office
space.
(c) The district may acquire, operate, or charge fees for
the use of the district conduits for:
(1) another person's:
(A) telecommunications network;
(B) fiber-optic cable; or
(C) electronic transmission line; or
(2) any other type of transmission line or supporting
facility.
(d) The district may not require a person to use a district
conduit.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3918.0501. BONDS AND OTHER OBLIGATIONS. With the
consent of the governing body of the city by resolution in
accordance with Section 375.207, Local Government Code, the
district may issue bonds, notes, or other obligations payable
wholly or partly from ad valorem taxes or assessments in the manner
provided by Chapter 375, Local Government Code, or, if an
improvement financed by an obligation issued under this section
will be conveyed to or operated and maintained by a municipality or
other retail utility provider pursuant to an agreement with the
district entered into before the issuance of the obligation,
payable in the manner provided by Subchapter A, Chapter 372, Local
Government Code.
Sec. 3918.0502. 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. 3918.0503. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 3918.0502, 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. 3918.0504. 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. 3918.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
3918.0502, 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. 3918.0506. WRITTEN AGREEMENT REGARDING SPECIAL
APPRAISALS. Before the district may issue bonds, the district and
any person to whom the board intends that proceeds of the bonds be
distributed, including the developer, another owner of land in the
district, and any entity acting as a lender to the developer or
other landowner for the purpose of a project relating to the
district, must enter into a written agreement that:
(1) waives for the term of the agreement the right to a
special appraisal with respect to taxation by the district under
Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
(2) remains in effect for 30 years and is binding on
the parties, on entities related to or affiliated with the parties,
and on their successors and assignees.
Sec. 3918.0507. EXEMPTION FROM CERTAIN SUPERVISION AND
APPROVAL REQUIREMENTS. Section 375.208, Local Government Code,
does not apply to the district.
SUBCHAPTER J. DISSOLUTION
Sec. 3918.0901. DISSOLUTION BY CITY. (a) The city may
dissolve the district in the manner provided by Section 375.263,
Local Government Code, only if the city also complies with any
dissolution procedures in the development agreement described by
Section 3918.0302.
(b) In the case of a conflict between Section 375.263, Local
Government Code, and the development agreement, the development
agreement controls.
SECTION 2. The Leander Municipal Management District No. 1
initially includes all territory contained in the following area:
Being all of that certain tract or parcel of land containing
115.7076 acres, more or less, comprised of those three (3) certain
tracts of land containing 22.781 acres, more or less, our of the
William Mancil Survey, Abstract No. 437 in Leander, Williamson
County, Texas, more described by metes and bounds shown on Exhibit
"A-1" attached hereto; 47.5871 acres, more or less, in the Talbot
Chambers Survey, Abstract No. 125 in Leander, Williamson County,
Texas, more described by metes and bounds shown on Exhibit "A-2"
attached hereto; 47.3395 acres, more or less, in the Talbot
Chambers Survey, Abstract No. 125 in Leander, Williamson County,
Texas, more described by metes and bounds shown on Exhibit "A-3"
attached hereto
EXHIBIT A-1
Talbot Chambers Survey, Abstract No. 125
Legal Description
BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 47.5871 ACRES
(2,072,892 SQUARE FEET) OUT OF THE TALBOT CHAMBERS SURVEY, ABSTRACT
NO. 125, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED
269.836 ACRE TRACT CONVEYED TO RB 270 PARTNERSHIP, RECORDED IN
DOCUMENT NO. 2004036768 OF THE OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), SAID 47.5871 ACRES BEING
MORE PARTICULARLY DESCRIBED BY METES AND AS FOLLOWS:
BEGINNING, at a 1/2-inch iron rod with "Ward-5811" cap found in the
curving east right-of-way line of Mel Mathis Boulevard
(right-of-way varies), and being the southwest corner of a called
9.850 acre tract conveyed to Area Leander 1 LP, recorded in Document
No. 2016069577 (O.P.R.W.C.T.) and being in the north line of said
269.836 acre tract, for the northwest corner and POINT OF BEGINNING
hereof, from which a 1/2-inch iron rod with "Ward-5811" cap found at
point of tangency in the east right-of-way line of said Mel Mathis
Boulevard, and being in the west line of said 9.850 acre Area
Leander 1 LP tract, bears, 24.13 feet along the arc of a curve to the
right, having a radius of 999.00 feet, and whose chord bears
N18°36'59"W, a distance of 24.13 feet;
THENCE, leaving the east right-of-way line of said Mel Mathis
Boulevard, with the north line of said 269.836 acre RB 270
Partnership tract and the south line of said 9.850 acre Area Leander
1 LP tract, the following three (3) courses and distances:
1) N70°42'41"E, a distance of 938.70 feet to a 1/2-inch iron
rod found for an angle point hereof,
2) N70°36'57"E, a distance of 53.16 feet to a 1/2-inch iron
rod found for an angle point hereof, and
3) N71°20'07"E, a distance of 79.42 feet to a 1/2-inch iron
rod found for the northeast corner hereof, said point being the
southeast corner of said 9.850 acre Area Leander 1 LP tract, and
being in the north line of said 269.836 acre RB 270 Partnership
tract, and being in the west right-of-way line of US Highway 183A
(400' right-of-way, conveyed in Document No(s). 2004068741 and
2004088731 (O.P.R.W.C.T.);
THENCE, leaving the north line of said 269.836 acre RB 270
Partnership tract, with the west right-of-way line of said US
Highway 183A, over and across said 269.836 acre RB 270 Partnership
tract, S56°03'41"E, passing at a distance of 524.73 feet a TxDOT
Type II Brass Disc Monument with "CTRMA" stamp found, and
continuing for a total distance of 1,299.85 feet to a 1/2-inch iron
rod with "KHA" cap found for the southeast corner hereof, said point
being the northeast corner of a called 100.000 acre tract, conveyed
to Austin Community College District recorded in Document
No. 2010030836 (O.P.R.W.C.T.), from which a TxDOT Type II Brass
Disc Monument with "CTRMA" stamp found at a point of curvature in
the west right-of-way line of said US Highway 183A, and being in the
east line of said 100.000 acre Austin Community College District
tract bears, S56°03'41"E, a distance of 724.81 feet;
THENCE, over and across said 269.836 acre RB 270 Partnership tract,
with the north line of said 100.000 acre Austin Community College
District tract, the following three (3) courses and distances:
1) S33°55'23"W, a distance of 371.76 feet to a 5/8-inch iron
rod with aluminum "MWM" cap found for a point of curvature hereof,
2) 390.32 feet along the arc or a curve to the right, having
a radius of 630.00 feet, and whose chord bears S51°42'47"W, a
distance of 384.11 feet to a 5/8-inch iron rod with aluminum "MWM"
cap found for a point of tangency hereof, and
3) S69°24'42"W, a distance of 1,157.38 feet to a 1/2-inch
iron rod with "Ward-5811" cap set for the southwest corner hereof,
said point being the northwest corner of said 100.000 acre Austin
Community College District tract, and being in the east
right-of-way line of said Mel Mathis Boulevard;
THENCE, over and across said 269.836 acre RB 270 Partnership tract,
with the east right-of-way line of said Mel Mathis Boulevard, and
the west line of the herein described tract the following two (2)
courses and distances:
1) N20°34'14"W, a distance of 1,393.85 feet to a 1/2-inch
iron rod with "Ward-5811" cap set for a point of curvature hereof,
and
2) 22.41 along the arc of a curve to the right, having a
radius of 999.00 feet, and whose chord bears N19°55'40"W, a distance
of 22.41 feet to the POINT OF BEGINNING, and containing 47.5871
Acres (2,072,892 Square Feet) more or less.
NOTE:
All bearings are based on the Texas State Plane Coordinate System,
Grid North, Central Zone (4203), all distances were adjusted to
surface using a combined scale factor of 1.000138805545. See
attached sketch (reference drawing: 00508 47 Acre Tract.dwg)
EXHIBIT A-2
DOROTHY R. WINTERS EXEMPT FAMILY TRUST
WILLIAM MANCIL SURVEY, ASTRACT NO. 437
22.781 ACRES (992,343 SQ. FT.)
DESCRIPTION OF 22.781 ACRES (992,343 SQ. FT.) OF LAND SITUATED IN
WILLIAMSON COUNTY, TEXAS, OUT OF THE WILLIAM MANCIL SURVEY, ASTRACT
NO. 437, BEING A PORTION OF A 159.838 ACRE TRACT DESCRIBED IN A DEED
OF RECORD TO DOROTHY R. WINTERS EXEMPT FAMILY TRUST IN DOCUMENT NO.
2014021295 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 22.781 ACRES (992,343 SQ. FT.), BEING TWO TRACTS OF LAND
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
TRACT 1:
BEGINNING at a 1/2" iron rod found in the easterly line of a 100 foot
wide right-of-way for railroad purposes, quitclaimed to the City of
Austin by deed of record in Volume 1417, Page 282, Official Records
of Williamson County, Texas, same being the westerly line of said
159.838 Acre Tract, at the southwesterly corner of a 3.733 acre
tract conveyed to Williamson County, Texas for street right-of-way
purposes (San Gabriel Parkway - R.O.W. width varies) by deed of
record in Document No. 2004068740, Official Public Records of
Williamson County, Texas, for the northwesterly corner of the
herein described tract;
THENCE over and across said 159.838 Acre Tract, with the southerly
line of said 3.733 Acre Tract, same being the northerly line of the
herein described tract the following two (2) courses:
1. N71°51'31"E, a distance of 261.37 feet to a 1/2" iron rod
found;
2. N71°29'44"E, a distance of 843.54 feet to an iron rod with
cap found at the most westerly corner of a 163 square foot tract
conveyed to Williamson County, Texas for street right-of-way
purposes (San Gabriel Parkway R.O.W. width varies) by deed of
record in Document No. 2010082651, Official Public Records of
Williamson County, Texas;
THENCE N72°06'36"E, continuing over and across said 159.838 Acre
Tract with the southerly line of said 163 square foot tract, same
being the northerly line of the herein described tract, a distance
of 81.22 feet to an iron rod with cap found in the westerly line of a
2.124 acre tract conveyed to Williamson County, Texas for street
right-of-way purposes (San Gabriel Parkway - R.O.W. width varies)
by deed of record in Document No. 2006066934, Official Public
Records of Williamson County, Texas, at the southwesterly corner of
said 163 Square Foot Tract;
THENCE continuing over and across said 159.838 Acre Tract with the
westerly and southerly lines of said 2.124 Acre Tract, same being
the northerly line of the herein described tract the following two
(2) courses:
1. S16°45'56"E, a distance of 8.41 feet to a cotton spindle
found at the southwesterly corner of said 2.124 Acre Tract ;
2. N69°57'17"E, a distance of 39.44 feet to an iron rod with
G&R Cap set at the northwesterly corner of a 0.821 acre tract
conveyed to The City of Leander, Texas for street right-of-way
purposes (Mel Mathis Avenue-80' R.O.W.) by deed of record in
Document No. 2012077074, Official Public Records of Williamson
County, Texas, for the northeasterly corner of the herein described
tract;
THENCE continuing over and across said 159.838 Acre Tract with the
westerly line of said 0.821 Acre Tract, same being the easterly line
of the herein described tract the following two (2) courses:
1. S71°55'56"E, a distance of 420.33 feet to an iron rod with
G&R Cap set at the point of curvature of a curve to the left;
2. Along said curve to the left, having a radius of 1079.00
feet, an arc length of 25.93 feet and a chord which bears
S18°37'14"E, a distance of 25.93 feet to an iron rod with G&R Cap set
in the northerly line of a 269.836 acre tract described in a deed of
record to RB 270 Partnership in Document No. 2004036768, Official
Public Records of Williamson County Texas, same being the southerly
line of said 159.838 Acre Tract, for the southeasterly corner of the
herein described tract;
THENCE with the southerly line of said 159.838 Acre Tract, same
being in part the northerly line of said 269.836 Acre Tract and in
part the northerly line of Lot 2, San Gabriel Park, a subdivision of
record in Cabinet Y. Slides 364-367, Plat Records of Williamson
County Texas, the following five (5) courses:
1. S70°42'59"W, a distance of 3.13 feet to an iron rod with
G&R Cap set at the common northerly corner of said 269.836 Acre
Tract and said Lot 2;
2. S71°12'01"W, a distance of 61.83 feet to a 1/2" iron rod
found;
3. S69°02'16"W, a distance of 90.38 feet to a 1/2" iron rod
found;
4. S70°43'16"W a distance of 728.63 feet to a 1/2" iron rod
found;
5. S70°11'21"W, a distance of 314.93 feet to a 1/2" iron rod
found in the easterly line of said 100 foot wide right-of-way for
railroad purposes and the westerly line of said 159.838 Acre Tract,
for the southwesterly corner of the herein described tract;
THENCE N21°11'57"W, with the common line of said 100 foot wide
right-of-way for railroad purposes and said 159.838 Acre Tract, a
distance of 477.91 feet to the POINT OF BEGINNING, containing an
area of 12.931 acres (563,261 sq. ft.) of land, more or less.
TRACT 2:
BEGINNING at a cotton spindle found in the westerly line of a 24.697
acre tract, conveyed to Williamson County, Texas for Highway 183-A
right-of-way purposes (400' R.O.W.) by deed of record in Document
No. 2004068741, Official Public Records of Williamson County,
Texas, for the northeasterly corner of the herein described tract;
THENCE S56°04'40"E, over and across said 159.818 Acre Tract, with
the westerly line of said 24.697 Acre Tract, same being the easterly
line of the herein described tract, a distance of 712.18 feet to a
1/2" iron rod found in northerly line of a 269.836 acre tract
described in a deed of record to RB 270 Partnership in Document No.
2004036768, Official Public Records of Williamson County Texas, for
the southeasterly corner of the herein described tract;
THENCE with the common line of said 159.838 Acre Tract and said
269.836 Acre Tract the following three (3) courses:
1. S71°18'14"W, a distance of 79.46 feet to a 1/2" iron rod
found;
2. S70°37'32"W, a distance of 53.16 feet to a 1/2" iron rod
found;
3. S70°42'59°W, a distance of 938.59 feet to an iron rod with
G&R Cap set at the southeasterly corner of a 0.821 acre tract
conveyed to The City of Leander, Texas for street right-of-way
purposes (Mel Mathis Avenue - 80' R.O.W.) by deed of record in
Document No. 2012077074, Official Public Records of Williamson
County, Texas, for the southwesterly corner of the herein described
tract;
THENCE leaving the common line of said 159.838 Acre Tract and said
269.836 Acre Tract and continuing over and across said 159.838 Acre
Tract with the easterly line of said 0.821 Acre Tract, same being
the westerly line of the herein described tract, the following two
(2) courses:
1. Along a curve to the right, having a radius of 999.00
feet, an arc length of 24.05 feet and a chord which bears
N18°37'19"W, a distance of 24.05 feet to an iron rod with G&R Cap set
at the end of said curve
2. N17°55'56"W, a distance of 423.28 feet to an iron rod with
G&R Cap set in the southerly line of a 2.124 acre tract conveyed to
Williamson County, Texas for street right-of-way purposes (San
Gabriel Parkway - R.O.W. width varies) by deed of record in Document
No. 2006066934, Official Public Records of Williamson County,
Texas, for the northwesterly corner of the herein described tract;
THENCE N69°57'17"E, continuing over and across said 159.838 Acre
Tract with the southerly line of said 2.124 Acre Tract, same being
the northerly line of the herein described tract, a distance of
115.16 feet to an iron rod with cap found at the southwesterly
corner of a 0.808 acre tract conveyed to Williamson County, Texas
for street right-of-way purposes (San Gabriel Parkway - R.O.W.
width varies) by deed of record in Document No. 2010082651,
Official Public Records of Williamson County, Texas;
THENCE continuing over and across said 159.838 Acre Tract with the
southerly line of said 0.808 Acre Tract, same being the northerly
line of the herein described tract, the following two (2) courses:
1. Along a curve to the left, having a radius of 1113.00
feet, an arc length of 444.24 feet and a chord which bears
N59°35'56"E, a distance of 441.30 feet to an iron rod with cap found
at the end of said curve;
2. N48°11'55"E, a distance of 93.35 feet to the POINT OF
BEGINNING, containing an area of 9.850 (429,082 sq. ft.) acres of
land, more or less. FOR A TOTAL AREA OF 22.781 (992,343 SQ. FT.)
ACRES OF LAND WITHIN TRACTS 1 AND 2.
EXHIBIT A-3
Talbot Chambers Survey, Abstract No. 125
Legal Description
BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 45.3395 ACRES
(1,974,990 SQUARE FEET) OUT OF THE TALBOT CHAMBERS SURVEY, ABSTRACT
NO. 125, IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, SAN
GABRIEL PARK, A SUBDIVISION RECORDED IN CABINET Y, SLIDES 364-367
OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS (P.R.W.C.T.), SAID
45.3395 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND AS
FOLLOWS:
BEGINNING, at a 1/2-inch iron rod found in the east right-of-way
line of the Capital Metropolitan Transportation Authority Railroad
(100' right-of-way), conveyed in Document No. 2000020773 of the
Official Public Records of Williamson County, Texas
(O.P.R.W.C.T.), being the southwest corner of a called 12.931 acre
tract conveyed to Area Leander 1, L.P. in Document No. 2016069577
(O.P.R.W.C.T.), and being the northwest corner of said Lot 2, for
the northwest corner hereof, from which a 1/2-inch iron rod found at
the intersection of the south right-of-way line of San Gabriel
Parkway (right-of-way width varies), partially dedicated in
Document No. 2004068740 (O.P.R.W.C.T.), and the east right-of-way
line of said Railroad, bears N21°12'43"W, a distance of 477.90 feet;
THENCE, leaving the east right-of-way line of said Railroad, with
the common line of said 12.931 acre tract and said Lot 2, the
following four (4) courses and distances:
1) N70°11'45"E, a distance of 314.90 feet to a 1/2-inch iron
rod found for an angle point hereof,
2) N70°43'28"E, a distance of 728.71 feet to a 1/2-inch iron
rod found for an angle point hereof,
3) N69°06'10"E, a distance of 90.47 feet to a 1/2-inch iron
rod found for an angle point hereof, and
4) N71°06'42"E, a distance of 61.67 feet to a 1/2-inch iron
rod with "Ward-5811" cap set for the northeast corner hereof, being
an angle point in the west right-of-way line of Mel Mathis Boulevard
(right-of-way width varies), partially dedicated in Document
No. 2014077239 (O.P.R.W.C.T.), and being the northeast corner of
said Lot 2;
THENCE, with the west right-of-way line of said Mel Mathis
Boulevard and the east line of said Lot 2, the following three (3)
courses and distances:
1) S20°36'40"E, a distance of 1,117.48 feet to a 1/2-inch
iron rod with "Ward-5811" cap set for an angle point hereof,
2) S20°26'00"E, a distance of 27.68 feet to a 1/2-inch iron
rod with "Ward-5811" cap set for an angle point hereof, and
3) S20°29'52"E, a distance of 128.25 feet to a 1/2-inch iron
rod with "Ward-5811" cap set for an angle point hereof;
THENCE, with the east line of said Lot 2, in part being the west
right-of-way line of Mel Mathis Boulevard, and in part being the
west line of a called 3.827 acre tract conveyed to the City of
Leander, Texas in Document No. 2014005725 (O.P.R.W.C.T.),
S20°28'10"E, a distance of 493.39 feet to a 1/2-inch iron rod with
"Ward-5811" cap set for an angle point hereof and being an angle
point in the common line of said Lot 2 and said 3.827 acre tract;
THENCE, continuing with the common line of said Lot 2 and said 3.827
acre tract, the following seven (7) courses and distances:
1) S22°49'04"E, a distance of 50.01 feet to a 1/2-inch iron
rod with "Ward-5811" cap set for an angle point hereof,
2) S16°12'32"E, a distance of 67.74 feet to a 1/2-inch iron
rod with "Ward-5811" cap set for an angle point hereof,
3) S21°18'20"E, a distance of 61.32 feet to a 1/2-inch iron
rod with "Ward-5811" cap set for an angle point hereof,
4) S20°56'16"E, a distance of 136.77 feet to a 1/2-inch iron
rod with "Ward-5811" cap set for an angle point hereof
5) S21°13'59"E, a distance of 70.93 feet to a 1/2-inch iron
rod with "Ward-5811" cap set for an angle point hereof,
6) S25°02'37"E, a distance of 366.51 feet to a Mag nail with
"4Ward Boundary" washer set for an angle point hereof, and
7) S24°25'23"W, a distance of 17.00 feet to a calculated
point for southeast corner hereof, from which a 1/2-inch iron rod
found for an angle point in the common line of said Lot 2 and said
3.827 acre tract bears S24°25'23"W, a distance of 33.09 feet;
THENCE, over and across said Lot 2, the following twenty-five (25)
courses and distances:
1) N50°07'41"W, a distance of 60.74 feet to a calculated
point for an angle point hereof,
2) N73°38'59"W, a distance of 66.59 feet to a calculated
point for an angle point hereof,
3) N01°56'09"E, a distance of 123.08 feet to a calculated
point for an angle point hereof,
4) N57°13'47"W, a distance of 201.97 feet to a calculated
point for an angle point hereof,
5) N26°00'29"W, a distance of 171.59 feet to a calculated
point for an angle point hereof,
6) N54°28'17"W, a distance of 188.91 feet to a calculated
point for an angle point hereof,
7) N64°34'23"W, a distance of 73.26 feet to a calculated
point for an angle point hereof,
8) S70°35'47"W, a distance of 116.88 feet to a calculated
point for an angle point hereof,
9) N85°17'49"W, a distance of 101.63 feet to a calculated
point for an angle point hereof,
10) N64°04'31"W, a distance of 40.75 feet to a calculated
point for an angle point hereof,
11) N23°03'16"W, a distance of 40.58 feet to a calculated
point for an angle point hereof,
12) N23°06'23"E, a distance of 108.63 feet to a calculated
point for an angle point hereof,
13) N38°35'17"W, a distance of 36.64 feet to a calculated
point for an angle point hereof,
14) N82°04'13"W, a distance of 84.65 feet to a calculated
point for an angle point hereof,
15) N67°25'14"W, a distance of 33.59 feet to a calculated
point for an angle point hereof,
16) N28°42'54"W, a distance of 32.70 feet to a calculated
point for an angle point hereof,
17) N66°18'33"W, a distance of 60.73 feet to a calculated
point for an angle point hereof,
18) S58°21'10"W, a distance of 86.21 feet to a calculated
point for an angle point hereof,
19) S46°19'59"W, a distance of 131.18 feet to a calculated
point for an angle point hereof,
20) S57°26'06"W, a distance of 63.53 feet to a calculated
point for an angle point hereof,
21) N80°03`30"W, a distance of 169.03 feet to a calculated
point for an angle point hereof,
22) N51°26'55"W, a distance of 123.90 feet to a calculated
point for an angle point hereof,
23) N35°13'10"W, a distance of 149.36 feet to a calculated
point for an angle point hereof,
24) N18°38'44"W, a distance of 183.61 feet to a calculated
point for an angle point hereof,
25) N32°05'59"W, a distance of 222.61 feet to a calculated
point for an angle point hereof, said point being in the east
right-of-way line of said Railroad, and being in the west line of
said Lot 2, from which a 1/2-inch iron rod with "Ward-5811" cap set
in the common line of said Lot 2 and said Railroad, for the
northwest corner of a called 0.548 acre right-of-way dedication
conveyed in Document No. 2014003534 (O.P.R.W.C.T.), bears
S21°06'14"E, a distance of 930.19 feet;
THENCE, with the east right-of-way line of said Railroad and the
west line of said Lot 2, N21°06'14"W, a distance of 779.40 feet to
the POINT OF BEGINNING, and containing 45.3395 Acres (1,974,990
Square Feet) 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 January 1, 2022.