H.B. No. 4710
 
 
 
 
AN ACT
  relating to the creation of the Clearwater Ranch Municipal Utility
  District No. 1; providing authority to impose a tax and issue bonds;
  granting a limited power of eminent domain.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8353 to read as follows:
  CHAPTER 8353.  CLEARWATER RANCH MUNICIPAL UTILITY DISTRICT NO. 1
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8353.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Clearwater Ranch Municipal
  Utility District No. 1.
         Sec. 8353.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8353.003.  CONFIRMATION AND DIRECTORS' ELECTION
  REQUIRED.  (a)  The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         (b)  If the creation of the district is not confirmed at a
  confirmation election held under this section before December 31,
  2013:
               (1)  the district is dissolved December 31, 2013,
  except that:
                     (A)  any debts incurred shall be paid;
                     (B)  any assets that remain after the payment of
  debts shall be transferred to Burnet County; and
                     (C)  the organization of the district shall be
  maintained until all debts are paid and remaining assets are
  transferred; and
               (2)  this chapter expires September 1, 2016.
         Sec. 8353.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8353.003
  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.
         Sec. 8353.005.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)  
  The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, improvement, operation,
  or maintenance of macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8353.006.  INITIAL DISTRICT TERRITORY.  (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating this chapter form a closure.  A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose a tax; or
               (4)  legality or operation.
  [Sections 8353.007-8353.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8353.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8353.052, directors serve
  staggered four-year terms.
         Sec. 8353.052.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act creating this chapter, the owner or owners
  of a majority of the assessed value of the real property in the
  district may submit a petition to the Texas Commission on
  Environmental Quality requesting that the commission appoint as
  temporary directors the five persons named in the petition.  The
  commission shall appoint as temporary directors the five persons
  named in the petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8353.003; or
               (2)  the fourth anniversary of the effective date of
  the Act creating this chapter.
         (c)  If permanent directors have not been elected under
  Section 8353.003 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earliest of:
               (1)  the date permanent directors are elected under
  Section 8353.003;
               (2)  the date the requirements of Section
  8353.003(b)(1) are fulfilled; or
               (3)  September 1, 2016.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the Texas Commission on Environmental
  Quality requesting that the commission appoint as successor
  temporary directors the five persons named in the petition.  The
  commission shall appoint as successor temporary directors the five
  persons named in the petition.
  [Sections 8353.053-8353.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8353.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8353.102.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES.  The district has the powers and duties provided by the
  general law of this state, including Chapters 49 and 54, Water Code,
  applicable to municipal utility districts created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 8353.103.  AUTHORITY FOR ROAD PROJECTS. Under Section
  52, Article III, Texas Constitution, the district may design,
  acquire, construct, finance, issue bonds for, improve, operate,
  maintain, and convey to this state, a county, or a municipality for
  operation and maintenance macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8353.104.  ROAD STANDARDS AND REQUIREMENTS. (a)  A road
  project must meet all applicable construction standards, zoning and
  subdivision requirements, and regulations of each municipality in
  whose corporate limits or extraterritorial jurisdiction the road
  project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 8353.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
  OR RESOLUTION.  The district shall comply with all applicable
  requirements of any ordinance or resolution that is adopted under
  Section 54.016 or 54.0165, Water Code, and that consents to the
  creation of the district or to the inclusion of land in the
  district.
         Sec. 8353.106.  LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district to acquire a site or easement for:
               (1)  a road project authorized by Section 8353.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
         Sec. 8353.107.  DIVISION OF DISTRICT. (a) The district may
  be divided into two or more new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (c)  Any new district created by the division of the district
  may not, at the time the new district is created, contain any land
  outside the area described by Section 2 of the Act creating this
  chapter.
         (d)  The board, on its own motion or on receipt of a petition
  signed by the owner or owners of a majority of the assessed value of
  the real property in the district, may adopt an order dividing the
  district.
         (e)  The board may adopt an order dividing the district only
  after the date on which the creation of the district is confirmed at
  an election under Section 8353.003.
         (f)  An order dividing the district shall:
               (1)  name each new district;
               (2)  include the metes and bounds description of the
  territory of each new district;
               (3)  appoint temporary directors for each new district
  or provide that the owner or owners of a majority of the assessed
  value of the real property in each new district may submit a
  petition to the Texas Commission on Environmental Quality
  requesting that the commission appoint as temporary directors the
  five persons named in the petition; and
               (4)  provide for the division of assets and liabilities
  between or among the new districts.
         (g)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the Texas Commission on Environmental Quality and record the
  order in the real property records of each county in which the
  district is located.
         (h)  Any new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 8353.003(a).  A new district that is not confirmed is
  subject to dissolution under general law.
         (i)  Municipal consent to the creation of the district and to
  the inclusion of land in the district granted under Section
  8353.004 acts as municipal consent to the creation of any new
  district created by division of the district and to the inclusion of
  land in the new district.
         (j)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
  [Sections 8353.108-8353.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8353.151.  ELECTIONS REGARDING TAXES OR BONDS. (a) The
  district may issue, without an election, bonds and other
  obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 8353.153.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of the district voters voting at an
  election held for that purpose.
         Sec. 8353.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8353.151, the district
  may impose an operation and maintenance tax on taxable property in
  the district in accordance with Section 49.107, Water Code.
         (b)  The board shall determine the tax rate.  The rate may not
  exceed the rate approved at the election.
         Sec. 8353.153.  CONTRACT TAXES.  (a)  In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
  [Sections 8353.154-8353.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8353.201.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS.  The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources, to pay for any authorized district
  purpose.
         Sec. 8353.202.  TAXES FOR BONDS.  At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 8353.203.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         SECTION 2.  The Clearwater Ranch Municipal Utility District
  No. 1 initially includes all the territory contained in the
  following area: 1800.01 Acres of land, consisting of the 870.04
  acre tract described below as "TRACT 1", the 66.05 acre tract
  described below as "TRACT 2", the 90.12 acre tract described below
  as "TRACT 3" and 773.80 acre tract described below as "TRACT 4":
         TRACT 1: Being 870.04 acres out of the Spring Creek IRR. Co.
  Survey No. 22, A-1050, the S.F.I.W. Co. Survey No. 1, A-843, the
  Johannes Braumholz Survey No. 954, A-109, the Jeptha Boyce Survey
  No. 47, A-114, the R.R. Robarts Survey No. 963, A-765, the John
  Hasseldanz Survey No. 959, A-430, and the Wayne Barton Survey No. 3,
  A-112; Being a portion of a called 21,304.716 acre tract as
  described in a Special Warranty Deed to Oakhurst Properties, L.P.
  of record in Instrument File Number 700684, Real Property Records
  of Burnet County, Texas; Said 21,304.716 acre tract being
  referenced in the Correction Special Warranty Deed to Oakhurst
  Properties, L.P. of record in Instrument File Number 0800010, Real
  Property Records of Burnet County, Texas; and being more
  particularly described by metes and bounds as follows:
         BEGINNING at a point in a west line of the said 21,304.716
  acre tract, for the POINT OF BEGINNING of the tract described
  herein;
         THENCE with a west and south line of the said 21,304.716 acre
  tract, the following twenty-three (23) courses and distances:
  1.  N 01° 44' 33" W a distance of 39.44 feet to a point of curvature,
  2.  with the arc of a curve to the right having a radius of 1195.10
  feet, an arc distance of 81.65 feet, and a chord of which bears S 84°
  40' 47" E a distance of 81.63 feet to a point,
  3.  N 01° 07' 46" W a distance of 1928.52 feet to a point,
  4.  S 88° 18' 02" W a distance of 1966.50 feet to a point,
  5.  N 01° 58' 03" W a distance of 5180.83 feet to a point,
  6.  N 88° 00' 26" E a distance of 1161.15 feet to a point,
  7.  N 87° 18' 58" E a distance of 347.82 feet to a point,
  8.  N 87° 18' 56" E a distance of 1018.61 feet to a point,
  9.  N 88° 14' 21" E a distance of 1485.39 feet to a point,
  10.  S 77° 25' 44" E a distance of 204.78 feet to a point,
  11.  S 61° 02' 57" E a distance of 196.93 feet to a point,
  12.  N 85° 47' 32" E a distance of 162.77 feet to a point,
  13.  S 61° 28' 56" E a distance of 182.89 feet to a point,
  14.  S 03° 38' 40" E a distance of 387.97 feet to a point,
  15.  S 29° 50' 10 E a distance of 372.55 feet to a point,
  16.  S 56° 06' 57" E a distance of 129.92 feet to a point,
  17.  S 37° 58' 22" E a distance of 101.04 feet to a point,
  18.  N 75° 28' 05" E a distance of 140.83 feet to a point,
  19.  S 89° 37' 37" E a distance of 132.69 feet to a point,
  20.  N 31° 26' 53" E a distance of 516.63 feet to a point,
  21.  S 52° 36' 15" E a distance of 72.31 feet to a point,
  22.  S 53° 20' 10" E a distance of 374.14 feet to a point, and
  23.  S 53° 16' 09" E a distance of 467.48 feet to a point;
         THENCE crossing the said 21,304.716 acre tract, the following
  fifteen (15) courses and distances:
  1.  S 37° 03' 44" E a distance of 2152.43 feet to a point of
  curvature,
  2.  with the arc of a curve to the right having a radius of 965.00
  feet, an arc distance of 168.13 feet, and a chord of which bears S
  45° 56' 37" W a distance of 167.91 feet to a point,
  3.  S 50° 56' 05" W a distance of 150.90 feet to a point of
  curvature,
  4.  with the arc of a curve to the right having a radius of 965.00
  feet, an arc distance of 148.69 feet, and a chord of which bears S
  55° 20' 57" W a distance of 148.55 feet to a point,
  5.  S 59° 45' 48" W a distance of 175.46 feet to a point of
  curvature,
  6.  with the arc of a curve to the left having a radius of 965.00
  feet, an arc distance of 449.47 feet, and a chord of which bears S
  46° 25' 12" W a distance of 445.42 feet to a point,
  7.  S 33° 04' 36" W a distance of 149.14 feet to a point of
  curvature,
  8.  with the arc of a curve to the left having a radius of 650.00
  feet, an arc distance of 467.73 feet, and a chord of which bears S
  12° 27' 43" W a distance of 457.71 feet to a point,
  9.  S 08° 09' 10" E a distance of 77.76 feet to a point of curvature,
  10.  with the arc of a curve to the right having a radius of 450.00
  feet, an arc distance of 344.33 feet, and a chord of which bears S
  13° 46' 06" W a distance of 335.99 feet to a point,
  11.  S 35° 41' 21" W a distance of 329.62 feet to a point of
  curvature,
  12.  with the arc of a curve to the right having a radius of 965.00
  feet, an arc distance of 614.74 feet, and a chord of which bears S
  53° 56' 20" W a distance of 604.40 feet to a point,
  13.  S 72° 11' 19" W a distance of 223.39 feet to a point of
  curvature,
  14.  with the arc of a curve to the left having a radius of 965.00
  feet, an arc distance of 346.22 feet, and a chord of which bears S
  61° 54' 38" W a distance of 344.37 feet to a point, and
  15.  S 51° 37' 56" W a distance of 1645.00 feet to a point;
         THENCE with an interior line of the said 21,304.716 acre
  tract, the following eight (8) courses and distances:
  1.  N 30° 34' 16" W a distance of 335.31 feet to a point,
  2.  N 37° 38' 09" W a distance of 269.46 feet to a point,
  3.  N 74° 23' 51" W a distance of 65.84 feet to a point,
  4.  S 37° 28' 46" E a distance of 108.89. feet to a point,
  5.  S 16° 44' 16" E a distance of 311.64. feet to a point,
  6.  S 27° 58' 37" E a distance of 456.02. feet to a point,
  7.  S 15° 58' 33" E a distance of 662.26. feet to a point, and
  8.  S 12° 09' 46" W a distance of 112.03. feet to a point;
         THENCE crossing the said 21,304.716 acre tract, the following
  six (6) courses and distances:
  1.  with the arc of a curve to the left having a radius of 11,273.10
  feet, an arc distance of 517.85 feet, and a chord of which bears N
  77° 16' 44" W a distance of 517.80 feet to a point of compound
  curvature,
  2.  with the arc of a curve to the left having a radius of 6956.95
  feet, an arc distance of 288.93 feet, and a chord of which bears N
  79° 47' 04" W a distance of 288.91 feet to a point of compound
  curvature,
  3.  with the arc of a curve to the left having a radius of 966.42
  feet, an arc distance of 285.74 feet, and a chord of which bears N
  89° 26' 41" W a distance of 284.70 feet to a point,
  4.  S 82° 59' 52" W a distance of 342.99. feet to a point of
  curvature,
  5.  with the arc of a curve to the right having a radius of 1318.17
  feet, an arc distance of 411.62 feet, and a chord of which bears N
  84° 06' 10" W a distance of 409.95 feet to a point of reverse
  curvature, and
  6.  with the arc of a curve to the left having a radius of 1611.43
  feet, an arc distance of 293.69 feet, and a chord of which bears N
  80° 22' 41" W a distance of 293.29 feet to the POINT OF BEGINNING,
  containing 870.04 acres of land; and
         TRACT 2: Being 66.05 acres of land out of the Wayne Barton
  Survey No. 3, A-112, the William J. Asher Survey No. 693, A-11, and
  the John Hasseldanz Survey No. 959, A-430; being a portion of a
  called 21,304.716 acre tract as described in a Special Warranty
  Deed to Oakhurst Properties, L.P. of record in Instrument File
  Number 700684, Real Property Records of Burnet County, Texas; said
  21,304.716 acre tract being referenced in the Correction Special
  Warranty Deed to Oakhurst Properties, L.P. of record in Instrument
  File Number 0800010, Real Property Records of Burnet County, Texas;
  and being more particularly described by metes and bounds as
  follows:
         BEGINNING at a point in an interior line of the said
  21,304.716 acre tract, for the POINT OF BEGINNING of the tract
  described herein;
         THENCE with an interior line and a western line of the said
  21,304.716 acre tract, the following thirty-six (36) courses and
  distances:
  1.  S 12° 09' 46" W a distance of 513.70 feet to a point,
  2.  S 35° 53' 28" W a distance of 151.96 feet to a point,
  3.  S 55° 57' 49" W a distance of 109.21 feet to a point,
  4.  S 75° 26' 52" W a distance of 76.39 feet to a point,
  5.  N 89° 01' 42" W a distance of 107.23 feet to a point,
  6.  N 34° 15' 53" W a distance of 49.61 feet to a point,
  7.  N 39° 31' 17" W a distance of 109.25 feet to a point,
  8.  N 30° 02' 27" W a distance of 67.75 feet to a point,
  9.  S 85° 18' 47" W a distance of 41.19 feet to a point,
  10.  S 19° 00' 18" W a distance of 96.93 feet to a point,
  11.  S 03° 44' 34" W a distance of 116.52 feet to a point,
  12.  S 42° 53' 24" W a distance of 81.73 feet to a point,
  13.  S 71° 05' 19" W a distance of 222.63 feet to a point,
  14.  N 42° 48' 59" W a distance of 145.65 feet to a point,
  15.  S 21° 10' 17" W a distance of 197.97 feet to a point,
  16.  S 50° 10' 36" W a distance of 91.96 feet to a point,
  17.  S 73° 37' 59" W a distance of 88.80 feet to a point,
  18.  N 72° 05' 19" W a distance of 46.97 feet to a point,
  19.  N 46° 48' 36" W a distance of 30.88 feet to a point,
  20.  N 02° 01' 21" W a distance of 271.67 feet to a point,
  21.  S 71° 36' 05" W a distance of 211.06 feet to a point,
  22.  S 41° 56' 24" W a distance of 315.57 feet to a point,
  23.  S 59° 44' 22" W a distance of 407.41 feet to a point,
  24.  S 55° 04' 35" W a distance of 393.64 feet to a point,
  25.  S 77° 58' 46" W a distance of 216.79 feet to a point,
  26.  S 89° 37' 43" W a distance of 96.28 feet to a point,
  27.  N 41° 44' 38" W a distance of 161.69 feet to a point,
  28.  S 52° 50' 27" W a distance of 116.54 feet to a point;
  29.  N 74° 17' 39" W a distance of 94.22 feet to a point,
  30.  N 01° 35' 16" W a distance of 219.50 feet to a point,
  31.  N 27° 33' 48" W a distance of 187.71 feet to a point,
  32.  N 07° 28' 09" E a distance of 381.09 feet to a point,
  33.  N 19° 36' 07" E a distance of 69.77 feet to a point,
  34.  N 21° 21' 37" E a distance of 89.13 feet to a point,
  35.  N 87° 32' 13" E a distance of 933.07 feet to a point, and
  36.  N 01° 44' 33" W a distance of 685.02 feet to a point of
  curvature;
         THENCE crossing the said 21,304.716 acre tract, the following
  six (6) courses and distances:
  1.  with the arc of a curve to the right having a radius of 1611.43
  feet, an arc distance of 293.69 feet, and a chord of which bears S
  80° 22' 41" E a distance of 293.29 feet to a point of reverse
  curvature,
  2.  with the arc of a curve to the left having a radius of 1318.17
  feet, an arc distance of 411.62 feet, and a chord of which bears S
  84° 06' 10" E a distance of 409.95 feet to a point,
  3.  N 82° 59' 52" E a distance of 342.99 feet to a point of
  curvature,
  4.  with the arc of a curve to the right having a radius of 966.42
  feet, an arc distance of 285.74 feet, and a chord of which bears S
  89° 26' 41" E a distance of 284.70 feet to a point of compound
  curvature,
  5.  with the arc of a curve to the right having a radius of 6956.95
  feet, an arc distance of 288.93 feet, and a chord of which bears S
  79° 47' 04" E a distance of 288.91 feet to a point of compound
  curvature,
  6.  with the arc of a curve to the right having a radius of
  11,273.10 feet, an arc distance of 517.85 feet, and a chord of which
  bears S 77° 16' 44" E a distance of 517.80 feet to the POINT OF
  BEGINNING, containing 66.05 acres of land; and
         TRACT 3: Being 90.12 acres of land out of the Wayne Barton
  Survey No. 3, A-112, the William J. Asher Survey No. 693, A-11, and
  the John Hasseldanz Survey No. 959, A-430; being a portion of a
  called 21,304.716 acre tract as described in a Special Warranty
  Deed to Oakhurst Properties, L.P. of record in Instrument File
  Number 700684, Real Property Records of Burnet County, Texas; said
  21,304.716 acre tract being referenced in the Correction Special
  Warranty Deed to Oakhurst Properties, L.P. of record in Instrument
  File Number 0800010, Real Property Records of Burnet County, Texas;
  and being more particularly described by metes and bounds as
  follows:
         BEGINNING at a point in an interior line of the said
  21,304.716 acre tract, for the POINT OF BEGINNING of the tract
  described herein;
         THENCE crossing the said 21,304.716 acre tract, the following
  eight (8) courses and distances:
  1.  with the arc of a curve to the right having a radius of
  11,273.10 feet, an arc distance of 128.50 feet, and a chord of which
  bears S 73° 54' 15" E a distance of 128.50 feet to a point of reverse
  curvature,
  2.  with the arc of a curve to the left having a radius of 1,317.71
  feet, an arc distance of 255.48 feet, and a chord of which bears S
  79° 07' 55" E a distance of 255.08 feet to a point of reverse
  curvature,
  3.  with the arc of a curve to the right having a radius of 607.59
  feet, an arc distance of 502.31 feet, and a chord of which bears S
  61° 00' 09" E a distance of 488.13 feet to a point of compound
  curvature,
  4.  with the arc of a curve to the right having a radius of 400.80
  feet, an arc distance of 429.83 feet, and a chord of which bears S
  06° 35' 46" E a distance of 409.53 feet to a point of compound
  curvature,
  5.  with the arc of a curve to the right having a radius of 1133.46
  feet, an arc distance of 441.33 feet, and a chord of which bears S
  35° 16' 52" W a distance of 438.55 feet to a point of reverse
  curvature,
  6.  with the arc of a curve to the left having a radius of 1264.26
  feet, an arc distance of 415.88 feet, and a chord of which bears S
  37° 00' 42" W a distance of 414.01 feet to a point of compound
  curvature,
  7.  with the arc of a curve to the left having a radius of 600.99
  feet, an arc distance of 556.00 feet, and a chord of which bears S
  01° 05' 04" W a distance of 536.39 feet to a point of compound
  curvature, and
  8.  with the arc of a curve to the left having a radius of 798.92
  feet, an arc distance of 408.33 feet, and a chord of which bears S
  40° 03' 39" E a distance of 403.90 feet to a point;
         THENCE with a south line and an interior line of the said
  21,304.716 acre tract, the following forty-two (42) courses and
  distances:
  1.  N 89° 58' 50" W a distance of 65.58 feet to a point,
  2.  S 88° 43' 19" W a distance of 1966.32 feet to a point,
  3.  S 00° 00' 47" E a distance of 540.91 feet to a point,
  4.  S 88° 03' 31" W a distance of 1510.53 feet to a point,
  5.  N 46° 29' 55" E a distance of 637.86 feet to a point,
  6.  N 64° 44' 13" E a distance of 258.92 feet to a point,
  7.  N 53° 23' 17" E a distance of 117.03 feet to a point,
  8.  S 83° 34' 48" E a distance of 54.02 feet to a point,
  9.  S 04° 19' 09" E a distance of 111.22 feet to a point,
  10.  S 08° 41' 40" W a distance of 38.84 feet to a point,
  11.  S 22° 43' 53" E a distance of 41.31 feet to a point,
  12.  N 62° 49' 16" E a distance of 54.63 feet to a point,
  13.  N 60° 31' 18" E a distance of 85.09 feet to a point,
  14.  N 39° 17' 25" E a distance of 85.64 feet to a point,
  15.  N 14° 38' 43" E a distance of 93.63 feet to a point,
  16.  N 26° 48' 58" E a distance of 124.75 feet to a point,
  17.  N 32° 00' 31" E a distance of 172.29 feet to a point,
  18.  N 28° 39' 34" E a distance of 210.95 feet to a point,
  19.  N 25° 06' 51" E a distance of 155.56 feet to a point,
  20.  N 38° 53' 57" E a distance of 127.37 feet to a point,
  21.  N 68° 58'39" E a distance of 69.29 feet to a point,
  22.  S 56° 59' 22" E a distance of 56.19 feet to a point,
  23.  S 41° 45' 07" E a distance of 82.01 feet to a point,
  24.  N 70° 48' 34" E a distance of 15.71 feet to a point,
  25.  N 00° 12' 58" W a distance of 81.42 feet to a point,
  26.  N 09° 59' 31" W a distance of 133.73 feet to a point,
  27.  N 19° 57' 24" E a distance of 84.69 feet to a point,
  28.  N 74° 15' 02" E a distance of 132.60 feet to a point,
  29.  N 39° 30' 32" E a distance of 104.75 feet to a point,
  30.  N 62° 08' 58" E a distance of 257.83 feet to a point,
  31.  N 81° 48' 22" E a distance of 106.37 feet to a point,
  32.  N 35° 49' 44" E a distance of 51.40 feet to a point,
  33.  N 72° 52' 40" E a distance of 129.23 feet to a point,
  34.  N 65° 44' 31" E a distance of 104.43 feet to a point,
  35.  N 74° 22' 24" E a distance of 60.64 feet to a point,
  36.  N 48° 58' 40" E a distance of 166.27 feet to a point,
  37.  N 37° 23' 34" E a distance of 140.36 feet to a point,
  38.  N 23° 42' 41" E a distance of 304.57 feet to a point,
  39.  N 33° 22' 43" E a distance of 75.08 feet to a point,
  40.  N 19° 04' 34" E a distance of 313.98 feet to a point,
  41.  N 16° 59' 38" W a distance of 64.83 feet to a point, and
  42.  N 20° 11' 16" E a distance of 23.09 feet to the POINT OF
  BEGINNING, containing 90.12 acres of land; and
         TRACT 4: Being 773.80 acres of land out of the Johannes
  Braunholz Survey No. 954, A-109, the L.R. Parks Survey No. 2,
  A-1140, the S.F.I.W. Co. Survey No. 3, A-845, the T. & N.O. RR. Co.
  Survey No. 17, A-916, the John Hasseldanz Survey No. 959, A-430, the
  Wayne Barton Survey No. 3, A-112, and the William Asher Survey No.
  693, A-11; Being a portion of a called 21,304.716 acre tract as
  described in the Special Warranty Deed to Oakhurst Properties, L.P.
  of record in Instrument File Number 700684, Real Property Records
  of Burnet County, Texas; Said 21,304.716 acre tract being reference
  din the Correction Special Warranty Deed to Oakhurst Properties,
  L.P. of record in Instrument File Number 0800010, Real Property
  Records of Burnet County, Texas; and being more particularly
  described by metes and bounds as follows:
         BEGINNING at a point at an interior corner of the said
  21,304.716 acre tract, for the POINT OF BEGINNING of the tract
  described herein;
         THENCE with a south and east line of the said 21,304.716 acre
  tract, the following seven (7) courses and distances:
  1.  S 89° 38' 19" W a distance of 2318.51 feet to a point,
  2.  S 00° 43' 57" E a distance of 2482.65 feet to a point,
  3.  S 25° 55' 39" E a distance of 2196.15 feet to a point,
  4.  S 89° 26' 42" W a distance of 1914.11 feet to a point,
  5.  S 89° 08' 43" W a distance of 748.04 feet to a point,
  6.  S 87° 55' 45" W a distance of 1130.14 feet to a point, and
  7.  N 89° 58' 50" W a distance of 73.15 feet to a point of curvature;
         THENCE crossing the said 21,304.716 acre tract, the following
  eight (8) courses and distances:
  1.  with the arc of a curve to the right having a radius of 798.92
  feet, an arc distance of 408.33 feet, and a chord of which bears N
  40° 03' 39" W a distance of 403.90 feet to a point of compound
  curvature,
  2.  with the arc of a curve to the right having a radius of 600.99
  feet, an arc distance of 556.00 feet, and a chord of which bears N
  01° 05' 04" E a distance of 536.39 feet to a point of compound
  curvature,
  3.  with the arc of a curve to the right having a radius of 1264.26
  feet, an arc distance of 415.88 feet, and a chord of which bears N
  37° 00' 42" E a distance of 414.01 feet to a point of reverse
  curvature,
  4.  with the arc of a curve to the left having a radius of 1133.46
  feet, an arc distance of 441.33 feet, and a chord of which bears N
  35° 16' 52" E a distance of 438.55 feet to a point of compound
  curvature,
  5.  with the arc of a curve to the left having a radius of 400.80
  feet, an arc distance of 429.83 feet, and a chord of which bears N
  06° 35' 46" W a distance of 409.53 feet to a point of compound
  curvature,
  6.  with the arc of a curve to the left having a radius of 607.59
  feet, an arc distance of 502.31 feet, and a chord of which bears N
  61° 00' 09" W a distance of 488.13 feet to a point of reverse
  curvature,
  7.  with the arc of a curve to the right having a radius of 1,317.71
  feet, an arc distance of 255.48 feet, and a chord of which bears N
  79° 07' 55" W a distance of 255.08 feet to a point of reverse
  curvature, and
  8.  with the arc of a curve to the left having a radius of 11,273.10
  feet, an arc distance of 128.50 feet, and a chord of which bears N
  73° 54' 15" W a distance of 128.50 feet to a point;
         THENCE with an interior line of the said 21,304.716 acre
  tract, the following five (5) courses and distances:
  1.  N 20° 11' 16" E a distance of 27.57 feet to a point,
  2.  N 87° 16' 17" E a distance of 158.53 feet to a point,
  3.  N 72° 08' 03" E a distance of 80.32 feet to a point,
  4.  N 59° 29' 17" W a distance of 155.40 feet to a point, and
  5.  N 30° 34' 16" W a distance of 1120.38 feet to a point
         THENCE crossing the said 21,304.716 acre tract, the following
  fifteen (15) courses and distances:
  1.  N 51° 37' 56" E a distance of 1645.00 feet to a point of
  curvature,
  2.  with the arc of a curve to the right having a radius of 965.00
  feet, an arc distance of 346.22 feet, and a chord of which bears N
  61° 54' 38" E a distance of 344.37 feet to a point,
  3.  N 72° 11' 19" E a distance of 223.39 feet to a point of
  curvature,
  4.  with the arc of a curve to the left having a radius of 965.00
  feet, an arc distance of 614.74 feet, and a chord of which bears N
  53° 56' 20" E a distance of 604.40 feet to a point,
  5.  N 35° 41' 21" E a distance of 329.62 feet to a point of
  curvature,
  6.  with the arc of a curve to the left having a radius of 450.00
  feet, an arc distance of 344.33 feet, and a chord of which bears N
  13° 46' 06" E a distance of 335.99 feet to a point,
  7.  N 08° 09' 10"W a distance of 77.77 feet to a point of curvature,
  8.  with the arc of a curve to the right having a radius of 650.00
  feet, an arc distance of 467.73 feet, and a chord of which bears N
  12° 27' 43" E a distance of 457.71 feet to a point,
  9.  N 33° 04' 36" E a distance of 149.14 feet to a point of
  curvature,
  10.  with the arc of a curve to the right having a radius of 965.00
  feet, an arc distance of 449.47 feet, and a chord of which bears N
  46° 25' 12" E a distance of 445.42 feet to a point,
  11.  N 59° 45' 48" E a distance of 175.46 feet to a point of
  curvature,
  12.  with the arc of a curve to the left having a radius of 965.00
  feet, an arc distance of 148.69 feet, and a chord of which bears N
  55° 20' 57" E a distance of 148.55 feet to a point,
  13.  N 50° 56' 05" E a distance of 150.90 feet to a point of
  curvature,
  14.  with the arc of a curve to the left having a radius of 965.00
  feet, an arc distance of 168.13 feet, and a chord of which bears N
  45° 56' 37" E a distance of 167.91 feet to a point, and
  15.  N 37° 03' 44" W a distance of 2152.43 feet to a point;
         THENCE with an interior line of the said 21,304.716 acre
  tract, the following five (5) courses and distances:
  1.  N 29° 22' 42" E a distance of 208.41 feet to a point,
  2.  N 51° 02' 36" E a distance of 151.27 feet to a point,
  3.  N 64° 33' 37" E a distance of 148.51 feet to a point,
  4.  N 28° 41' 14" E a distance of 592.04 feet to a point, and
  5.  N 27° 35' 39" E a distance of 118.08 feet to a point;
         THENCE crossing the said 21,304.716 acre tract, the following
  fifteen (15) courses and distances:
  1.  S 66° 36' 52" E a distance of 457.43 feet to a point,
  2.  S 33° 30' 06" E a distance of 451.35 feet to a point,
  3.  S 59° 30' 16" E a distance of 376.53 feet to a point,
  4.  N 64° 15' 36" E a distance of 471.65 feet to a point,
  5.  S 63° 39' 20" E a distance of 611.38 feet to a point,
  6.  N 73° 46' 08" E a distance of 240.54 feet to a point,
  7.  S 56° 55' 21" E a distance of 408.57 feet to a point,
  8.  N 80° 47' 34" E a distance of 478.13 feet to a point,
  9.  S 81° 22' 28" E a distance of 416.69 feet to a point,
  10.  S 30° 06' 52" E a distance of 966.78 feet to a point,
  11.  S 78° 06' 19" E a distance of 1843.43 feet to a point,
  12.  S 38° 32' 40" E a distance of 311.43 feet to a point,
  13.  S 62° 59' 05" W a distance of 673.48 feet to a point of
  curvature,
  14.  with the arc of a curve to the right having a radius of 4000.00
  feet, an arc distance of 2117.86 feet, and a chord of which bears S
  78° 09' 10" W a distance of 2093.21 feet to a point, and
  15.  S 00° 39' 29" E a distance of 1891.59 feet to the POINT OF
  BEGINNING, and containing 773.80 acres of land.
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4710 was passed by the House on May
  15, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4710 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor