|
|
|
|
AN ACT |
|
relating to the creation of the Goodwater Municipal Utility |
|
District No. 1; providing authority to impose taxes and issue |
|
bonds; granting a limited power of eminent domain. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle X, Title 6, Special District Local Laws |
|
Code, is amended by adding Chapter 11004 to read as follows: |
|
CHAPTER 11004. GOODWATER MUNICIPAL UTILITY DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 11004.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Goodwater Municipal Utility |
|
District No. 1. |
|
Sec. 11004.002. NATURE OF DISTRICT. The district is a |
|
combined powers district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 11004.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
REQUIRED. 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. |
|
Sec. 11004.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
11004.003 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. 11004.005. 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; |
|
(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; and |
|
(3) Section 52-a, Article III, Texas Constitution, to |
|
promote, develop, encourage, and maintain employment, commerce, |
|
economic development, and the public welfare in the district. |
|
Sec. 11004.006. 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. |
|
Sec. 11004.007. RELATION TO OTHER LAW. If any provision of |
|
the general law, including a provision incorporated by reference in |
|
this chapter, is in conflict or inconsistent with this chapter, |
|
this chapter prevails. |
|
Sec. 11004.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
|
chapter shall be liberally construed in conformity with the |
|
findings and purposes stated in this chapter. |
|
[Sections 11004.009-11004.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 11004.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 11004.052, directors |
|
serve staggered four-year terms. |
|
Sec. 11004.052. 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 11004.003; 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 11004.003 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 11004.003; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the 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 11004.053-11004.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 11004.101. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 11004.102. 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. 11004.103. 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. 11004.104. 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. 11004.105. STREET REPAIR AND MAINTENANCE. (a) After |
|
the 10th anniversary of the effective date of the Act creating this |
|
chapter, the district, at the district's expense, shall repair and |
|
maintain any streets in the district. |
|
(b) A district's repair and maintenance of streets under |
|
this section must meet all applicable construction standards and |
|
regulations of the City of Georgetown and Williamson County. |
|
Sec. 11004.106. REGIONAL WASTE DISPOSAL POWERS AND DUTIES. |
|
The district has the powers and duties applicable to a district |
|
under Chapter 30, Water Code. |
|
Sec. 11004.107. WASTEWATER TREATMENT FACILITY DESIGN |
|
APPROVAL. The district must obtain the approval of the Brazos River |
|
Authority for the design of any district wastewater treatment |
|
facility. |
|
Sec. 11004.108. WASTEWATER SERVICE PROVIDERS. Only the |
|
Brazos River Authority or a provider approved by the Brazos River |
|
Authority may provide wastewater service in the district. |
|
Sec. 11004.109. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT. |
|
The district shall comply with the terms of the "Agreement |
|
Regarding Sewer Services Areas and Customers" among the Lower |
|
Colorado River Authority, the Brazos River Authority, the City of |
|
Georgetown, the City of Liberty Hill, and the Chisholm Trail |
|
Special Utility District dated February 1, 2005. |
|
Sec. 11004.110. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two or more new districts only if: |
|
(1) the district has no outstanding bonded debt; and |
|
(2) the district 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 |
|
before or after the date the board holds an election under Section |
|
11004.003 to confirm the district's creation. |
|
(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 owner 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 commission 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 11004.003. A new district that is not confirmed is subject |
|
to dissolution under general laws. |
|
(i) Municipal consent to the creation of the district and to |
|
the inclusion of land in the district granted under Section |
|
11004.004 acts as municipal consent to the creation of any new |
|
district created under this section 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. |
|
Sec. 11004.111. 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. 11004.112. LIBRARIES. The district may exercise the |
|
powers of a library district under Chapter 326, Local Government |
|
Code. |
|
Sec. 11004.113. EXERCISE OF POWERS OF DEVELOPMENT |
|
CORPORATION. The district may exercise the powers of a development |
|
corporation under Chapter 505, Local Government Code. |
|
Sec. 11004.114. 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 11004.103; |
|
or |
|
(2) a recreational facility as defined by Section |
|
49.462, Water Code. |
|
[Sections 11004.115-11004.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 11004.151. 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 11004.153. |
|
(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, impose a sales or |
|
use 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. 11004.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 11004.151, 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. 11004.153. 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 11004.154-11004.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 11004.201. 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. 11004.202. 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. 11004.203. 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 Goodwater Municipal Utility District No. 1 |
|
initially includes all the territory contained in the following |
|
area: |
|
TRACT ONE: |
|
BEING 414.78 acres of the Burrell Eaves Survey, Abstract No. |
|
216, in Williamson County, Texas. This tract includes part of the |
|
property (3 tracts) which were conveyed to J. N. Adkins, et ux. of |
|
record in Vol. 328, Pg. 331, Deed Records of Williamson County, |
|
Texas. This tract was surveyed on the ground in August of 2005, by |
|
William F. Forest, Jr., Registered Professional Land Surveyor No. |
|
1847. |
|
BEGINNING at an iron pin which was set at the Northeast fence |
|
corner of the J.N. Adkins tract called 34.2 acres (Tract 2) as |
|
described in Vol. 328, Pg. 331. This corner exists at the |
|
intersection of the South line of County Road 147 with the West line |
|
of County Road 234. |
|
THENCE along or near the general line of an existing fence |
|
with the West line of County Road 234, setting iron pins as follows; |
|
S 14 deg. 12 min. 16 sec. W 1006.11 feet; S 14 deg. 51 min. 53 sec. W |
|
992.84 feet; and S 13 deg. 33 min. 34 sec. W 416.78 feet to the |
|
Northeast corner of the 4 1/4 acre property conveyed to the Church |
|
of Christ at Strickland Grove by deed of record in Vol. 111, Pg. |
|
510. |
|
THENCE with the North line of the Church tract (upstream with |
|
the approximate center of Bee Branch), setting iron pins as |
|
follows; S 86 deg, 12 min. 17 sec. W 65.40 feet; S 68 deg. 12 min. 42 |
|
sec. W 142.18 feet; N 68 deg. 33 min. 45 sec. W 28.04 feet; N 41 deg. |
|
48 min. 23 sec. W 175.27 feet; S 79 deg. 35 min. 37 sec. W 102.40 |
|
feet; and S 67 deg. 20 min. 59 sec. W 225.13 feet. |
|
THENCE with the boundary of a 100 acre tract surveyed this |
|
date, S 88 deg. 21 min. 38 sec. W 1669.98 feet to an iron pin set; |
|
and S 31 deg. 30 min. 55 sec. W 1459.02 feet to an iron pin set. |
|
THENCE with the North line of State Highway 195, along or near |
|
the general line of an existing fence, finding concrete |
|
right-of-way markers, N 58 deg. 29 min. 05 sec. W 252.06 feet; N 58 |
|
deg. 28 min. 23 sec. W 2000.17 feet; and N 58 deg. 29 min. 43 sec. W |
|
289.47 feet to an iron pin found. |
|
THENCE with the East boundary of the Crisanto Perez property |
|
described in Vol. 1470, pg. 298, along or near the general line of |
|
an existing fence, N 23 deg. 39 min. 06 sec. W 2206.68 feet to a pipe |
|
post found. |
|
THENCE with the boundary of County Road 147, along or near the |
|
general line of an existing fence setting iron pins as follows; N 69 |
|
deg. 45 min. 29 sec. E 422.90 feet; N 69 deg. 55 min. 48 sec. E |
|
1885.44 feet; N 70 deg. 04 min. 45 sec. E 2297.59 feet; N 87 deg. 50 |
|
min. 55 sec. E 59.60 feet; S 19 deg. 47 min. 36 sec. E 1977.28 feet; |
|
and N 70 deg. 44 min. 56 sec. E 1774.08 feet to the POINT OF |
|
BEGINNING. |
|
TRACT TWO: |
|
A tract or parcel of land containing 4.988 acres of land out |
|
of the Burrell Eaves Survey, Abstract No. 216, Williamson County, |
|
Texas, being all of a called 4.99 acre tract conveyed to the William |
|
Erwin Kemp and Margaret Elizabeth Kemp Trust recorded under |
|
Document No. 2001006723 of the Official Public Records Of |
|
Williamson County, Texas, said 4.988 acres being more particularly |
|
described by metes and bounds as follows: |
|
BEGINNING at a 1/2 inch iron rod found at the most westerly corner |
|
of the herein described tract, being a southerly corner of said |
|
Third Tract, a residue of a 140.8 acre tract conveyed to J.N. |
|
Adkins, et ux recorded in Volume 328, Page 331 of the Deed Records |
|
of Williamson County, Texas and lying in the northeasterly |
|
right-of-way line of Highway 195; |
|
Thence, North 50°55'10" East, along an interior line of said Third |
|
Tract, a distance of 467.27 feet to a 1/2 inch iron rod found at the |
|
most northerly corner of the herein described tract; |
|
Thence, South 33°00'00" East (Bearing Basis), along an interior line |
|
of said Third Tract, a distance of 707.49 feet to a 1/2 inch iron rod |
|
found at the most east corner of the herein described tract and |
|
lying in the northerly right-of-way line of County Road 143; |
|
Thence, South 70°37'00" West, along the northerly right-of-way line |
|
of said County Road 143, a distance of 147.18 feet to a 1/2 inch iron |
|
rod set at an angle point of the herein described tract; |
|
Thence, South 73°57'48" West, continuing along the northerly |
|
right-of-way line of said County Road 143, a distance of 60.48 feet |
|
to a 1/2 inch iron rod found at the most southerly corner of the |
|
herein described tract, being in the northeasterly right-of-way |
|
line of said Highway 195 and being the beginning of a curve to the |
|
left; |
|
Thence, along the northeasterly right-of-way line of said Highway |
|
195 along said curve to the left through a central angle of 02°12'49" |
|
to a 1/2 inch iron rod set for a point of tangency, said curve having |
|
a radius of 8235.11 feet, an arc length of 318.14 feet, and a long |
|
chord bearing of North 56°00'26" West, 318.12 feet; |
|
Thence, North 57°01'00" West, continuing along the northeasterly |
|
right-of-way line of said Highway 195, a distance of 342.54 feet to |
|
the POINT OF BEGINNING, containing 4.988 acres of land. |
|
TRACT THREE: |
|
Being 1.00 acre of the Burrell Eaves Survey, Abstract No. |
|
261, in Williamson County, Texas, part of a 103 acre tract which is |
|
described in Vol. 757, Page 461, Deed Records of Williamson County, |
|
Texas. Surveyed on the ground in October of 1984, by W.F. Forest, |
|
Registered Public Surveyor No. 101. |
|
BEGINNING at an iron pin set about 1 foot North of a fence in the |
|
North line of County Road 147, 35 feet wide. A nail set by the |
|
Southeast fence corner of the said 103 acre tract bears N 72°07' E |
|
251.03 feet. |
|
THENCE S 72°07' W 150.0 feet to set an iron pin. |
|
THENCE N 17°53" W 290.4 feet to set an iron pin. |
|
THENCE N 72°07' E 150.0 feet to set an iron pin. |
|
THENCE S 17°53' E 290.4 feet to the POINT OF BEGINNING. |
|
TRACT FOUR: |
|
Being 5.00 acres of land located in the Burrell Eaves Survey, |
|
Abstract No. 216, Williamson County, Texas, being out of and part of |
|
that certain 103 acre tract as recorded in document no. 2002078621, |
|
Official Public Records of Williamson County, Texas, |
|
(O.P.R.W.C.T.), being the same 5.00 acres conveyed to Carl |
|
Satterlee, et ux by deed recorded in Document No. 2001019450, |
|
O.P.R.W.C.T., and being more particularly described by metes and |
|
bounds as follows: (all bearings recited herein ARE BASED ON THE |
|
MONUMENTED NORTH LINE OF THE SAID 103 ACRES); |
|
BEGINNING, at a 1/2" iron rod found for the southeast corner of the |
|
said 5.00 acres, being in a southerly line of the said 103 acres and |
|
being in the north right-of-way line of County road 147; |
|
THENCE, S 70°36'46" W, along said north right-of-way line, a |
|
distance of 466.67 feet to a 1/2" iron rod found for the southwest |
|
corner herein; |
|
THENCE, N 19°23'51" W, departing said north right-of-way line, a |
|
distance of 466.75 feet to a 1/2" iron rod found for the northwest |
|
corner herein; |
|
THENCE, N 70°35'54" E, a distance of 466.62 feet to a 1/2" iron rod |
|
found for the northeast corner herein; |
|
THENCE, S 19°24'14' E, a distance of 466.86 feet to the POINT OF |
|
BEGINNING containing 5.00 acres of land, more or less. |
|
TRACT FIVE: |
|
Being 85.237 acres of land located in the Burrell Eaves |
|
Survey, Abstract No. 216, Williamson County, Texas, said tract |
|
being all of that certain called 103 acre tract of land conveyed to |
|
Earline D. Ischy by warranty deed recorded in Document No. |
|
2002078621, Official Public Records of Williamson County, Texas, |
|
(O.P.R.W.C.T.), save and except the following certain tracts of |
|
land: that certain 4.127 acre tract conveyed to Kay R. & Alvy A. |
|
Byrd In Document No. 2003002085 (O.P.R.W.C.T.), that certain 1.00 |
|
acre tract of land conveyed to Gordon Crum & Joann Crum by warranty |
|
deed recorded in Volume 1104, Page 337, Official Records of |
|
Williamson County, Texas, (O.R.W.C.T.), that certain 5.00 acre |
|
tract conveyed to Adkins Land Development, L.P. in Document No. |
|
2006054629 (O.P.R.W.C.T.), that certain 5.00 acre tract conveyed to |
|
Louis F. Ischy III & Sheila J. Ischy in Document No. 2001040530 |
|
(O.P.R.W.C.T.), and that certain 1.00 acre tract conveyed to Bruce |
|
Levens in Document No. 2004072477 (O.P.R.W.C.T.), said 85.237 acre |
|
tract being more particularly described by metes and bounds as |
|
follows: (ALL BEARINGS RECITED HEREIN ARE BASED ON THE MONUMENTED |
|
NORTH LINE OF THE SAID 103 ACRES); |
|
COMMENCING for reference, at a 1/2" iron rod found at the northwest |
|
corner of said 103 acre tract, said point being the common South |
|
corner of those certain 5.0 acre and 27.39 acre tracts conveyed to |
|
Darren Barker by deeds recorded in Volume 1415, Page 344 |
|
(O.R.W.C.T.), and Document No. 2006011593 (O.P.R.W.C.T.), the |
|
northwest corner of that certain 4.127 acre tract of land conveyed |
|
to Kay R. Byrd and Alvy A. Byrd by deed recorded in Document No. |
|
2003002085 (O.P.R.W.C.T.), and being an ell turn in the |
|
northeasterly right-of-way line of County Road 147; |
|
THENCE, N69°54'25"E, a distance of 341.99 feet to a nail found in a |
|
fence post at the southeast corner of said 27.39 acre Barker tract, |
|
same being the southwest corner of that certain 38.66 acre tract of |
|
land conveyed to Richard Burson by deed recorded in Volume 498, Page |
|
577 (O.R.W.C.T.), and N69°55'59"E, a distance of 19.57 feet, to an |
|
1/2" iron rod found at the northeast corner of said Byrd tract, for |
|
the northwest corner and POINT OF BEGINNING; |
|
THENCE, with the north line of said 103 acre tract, same being the |
|
South line of said Burson tract, as fenced and used upon the ground, |
|
the following three (3) courses numbered 1 through 3, |
|
1. N69°53'00"E, a distance of 1566.04 feet to a capped 1/2" |
|
iron rod found (RPLS No. 4835), for an exterior angle point in the |
|
north line of the herein described tract, |
|
2. S29°55'01"E, a distance of 225.22 feet to a 1/2" iron rod |
|
found, for an interior angle point in the north line of the herein |
|
described tract, |
|
3. N70°02'20"E, a distance of 669.19 feet to a nail found in |
|
the west right-of-way line of County Road 234, for the northeast |
|
corner herein; |
|
THENCE, following said right-of-way line, same being the east line |
|
of said 103 acre tract, as fenced and used upon the ground, the |
|
following five (5) courses numbered 1 through 5, |
|
1. S01°11'54"E, a distance of 187.72 feet to a fence post, |
|
for an angle point, |
|
2. S00°17'33"W, a distance of 144.21 feet to a fence post, |
|
for an angle point, |
|
3. S02°33'16"W, a distance of 128.85 feet to a fence post, |
|
for an angle point, |
|
4. S08°27'57"W, a distance of 469.22 feet to a fence post, |
|
for an angle point, |
|
5. S10°32'20"W, 155.00 feet to a 1/2" iron rod set at |
|
northeast corner of that certain 1.00 acre tract of land conveyed to |
|
Bruce Levens by deed recorded in Document No. 2004072477 |
|
(O.P..R.W.C.T.), for an exterior ell corner in the east line of the |
|
herein described tract; |
|
THENCE, leaving said right-of-way line, following the north, |
|
westerly, and south lines of said Levens tract, as fenced and used |
|
upon the ground, the following four (4) courses numbered 1 through |
|
4, |
|
1. N87°50'5l"W, a distance of 149.83 feet to a capped 1/2" |
|
iron rod found (RPLS No. 4835) at the northwest corner of said |
|
Levens tract, for an interior angle point of the herein described |
|
tract, |
|
2. S39°09'37"W, a distance of 131.89 feet to a 1/2" iron rod |
|
set, at an exterior angle point in the west line of said Levens |
|
tract, same being an interior angle point in the east line of the |
|
herein described tract, |
|
3. S01°43'30"E, a distance of 113.40 feet to a capped 1/2" |
|
iron rod found (RPLS No. 4835), at the southwest corner of said |
|
Levens tract, for an interior ell corner in the east line of the |
|
herein described tract, |
|
4. S84°17'48"E, a distance of 209.17 feet to a 1/2" iron rod |
|
set at the southeast comer of said Levens tract, said point being in |
|
the West right-of-way line of said County Road 234, for an exterior |
|
ell corner in the east line of the herein described tract; |
|
THENCE, following said right-of-way line, same being the east line |
|
of said 103 acre tract, the following two (2) courses numbered 1 and |
|
2; |
|
1. S07°22'21"W, a distance of 407.91 feet to a fence post, |
|
for an angle point, |
|
2. S07°42'02"W, a distance of 282.14 feet to a nail found in |
|
a fence post, at the northwest intersection of said County Road 234 |
|
and said County Road 147, said point being the southeast of said 103 |
|
acre tract, for the southeast corner herein; |
|
THENCE, S70°35'27"W, following the north right-of-way line of said |
|
County Road 147, same being the South line of said 103 acre tract, a |
|
distance of 251.03 feet to a calculated point at the southeast |
|
corner of said 1.00 acre Crum tract, for an exterior ell comer in |
|
the south line of the herein described tract; |
|
THENCE, the following three (3) courses numbered 1 through 3, |
|
1. N19°24'33"W, with the east line of said Crum tract, a |
|
distance of 290.40 feet to a calculated point, at the northeast |
|
corner of said Crum tract, for an interior ell corner in the south |
|
line of the herein described tract, |
|
2. S70°35'27"W, with the north line of said Crum tract, a |
|
distance of 150.00 feet to a calculated point at the northwest |
|
corner of said Crum tract, for an interior ell corner in the south |
|
line of the herein described tract, |
|
3. S19°24'33"E, with the west line of said Crum tract, a |
|
distance of 290.40 feet to a calculated point at the southwest |
|
corner of said Crum tract, said point being in the north |
|
right-of-way line of said County Road 147, for an exterior ell |
|
corner in the south line of the herein described tract; |
|
THENCE, S70°35'27"W, with the fenced right-of-way line, a distance |
|
of 650.48 feet to a 1/2" iron rod found at the southeast corner of |
|
that certain 5.00 acre tract of land conveyed to Adkins Land |
|
Development L.P, by Warranty Deed recorded in Document No. |
|
2006054629 (O.P.R.W.C.T.), for an exterior ell corner in the south |
|
line of the herein described tract; |
|
THENCE, leaving said right-of-way line, the following three (3) |
|
courses numbered 1 through 3, |
|
1. N19°23'57"W, with the east line of said 5.00 acre tract, a |
|
distance of 466.86 feet to a 1/2" iron rod found at the northeast |
|
corner of said 5.00 acre tract, for an interior ell corner in the |
|
south line of the herein described tract, |
|
2. S70°36'11"W, with the north line of said 5.00 acre tract, |
|
a distance of 466.62 feet to a 1/2" iron rod found at the northwest |
|
corner of said 5.00 acre tract, for an interior ell corner in the |
|
south line of the herein described tract, |
|
3. S19°23'34"E, with the west line of said 5.00 acre tract, a |
|
distance of 466.75 feet to a 1/2" iron rod found at the southwest |
|
corner of said 5.00 acre tract, said point being in the north |
|
right-of-way line of said County Road 147, for an exterior ell comer |
|
in the south line of the herein described tract; |
|
THENCE, with the fenced right-of-way line of said County Road 147, |
|
the following two (2) courses and distances numbered 1 and 2, |
|
1. S71°33'31"W, a distance of 218.98 feet to a fence post, |
|
for an angle point, |
|
2. S86°55'25"W, a distance of 29.45 feet to a fence post, |
|
said point being an ell turn in the northeasterly right-of-way line |
|
of said County Road 147, same being the southwest comer of said 103 |
|
acre tract, for the southwest corner herein; |
|
THENCE, with the west line of the herein described tract, the |
|
following seven (7) courses numbered 1 through 7, |
|
1. N19°48'38"W, a distance of 933.55 feet to a 1/2" iron rod |
|
found at the southwest corner of that certain 5.00 acre tract of |
|
land conveyed to Louis Eschy III and Sheila J. Ischy by deed |
|
recorded in Document No. 2001040530 (O.P.R.W.C.T.), for an exterior |
|
ell corner in the west line of the herein described tract, |
|
2. leaving said right-of-way line, N70°21'26"E, following |
|
the south line of said Ischy tract, a distance of 466.66 feet to a |
|
1/2" iron rod found at the southeast corner of said Ischy tract, for |
|
an interior ell corner in the west line of the herein described |
|
tract, |
|
3. N19°38'15"W, with the east line of said Ischy tract, a |
|
distance of 466.66 feet to a 1/2" iron rod found at the northeast |
|
corner of said Ischy tract, for an interior ell corner in the west |
|
line of the herein described tract, |
|
4. S70°21'31"W, with the north line of said Ischy tract, a |
|
distance of 466.75 feet to an 1/2" iron rod found at the northwest |
|
corner of said Ischy tract, said point being in the east |
|
right-of-way line of said County Road 147, for an exterior ell |
|
corner in the west line of the herein described tract, |
|
5. along said east right-of-way line, N19°37'05"W, a |
|
distance of 90.02 feet to an 1/2" iron rod found at the southwest |
|
corner of said 4.127 acre Byrd tract, for an exterior ell corner in |
|
the west line of the herein described tract, |
|
6. leaving said right-of-way line, N69°41'13"E, with the |
|
south line of said Byrd tract, a distance of 360.68 feet to a fence |
|
post at the southeast corner of said Byrd tract, for an interior ell |
|
corner in the west line of the herein described tract, |
|
7. N19°31'49"W, with the east line of said Byrd tract, a |
|
distance of 496.05 feet to the POINT OF BEGINNING containing 85.237 |
|
Acres Of Land. |
|
TRACT SIX: |
|
Being 100.00 acres of the Burrell Eaves Survey, Abstract No. |
|
216, Williamson County, Texas. This property includes part of |
|
Tracts 1 and 3 which were conveyed to J.N. Adkins, et. ux. of record |
|
in Vol. 328, Pg. 331, Deed Records of Williamson County, Texas. |
|
This tract was surveyed on the ground in August of 2005, by William |
|
F. Forest, Jr., Registered Professional Land Surveyor No. 1847. |
|
BEGINNING at an iron pin which was set at the Southeast fence |
|
corner of the J.N. Adkins tract called 140.8 acres (Tract 3) as |
|
described in Vol. 328, Pg. 331. This corner exists at the |
|
intersection of the West line of County Road 234 with the North line |
|
of County Road 143. |
|
THENCE along or near the general line of an existing fence |
|
with the North line of County Road 143, S 70 deg. 03 min. 56 sec. W |
|
1109.27 feet to an iron pin set. |
|
THENCE with the boundary of a 4.99 acre tract which was |
|
conveyed to Kemp Trust as described in Doc. 2001006723; N 34 deg. 20 |
|
min. 49 sec. W 706.93 feet to an iron pin found; and S 49 deg. 32 |
|
min. 11 sec. W 467.33 feet to an iron pin found. |
|
THENCE with the Northeast line of State Highway 195, along or |
|
near the general line of an existing fence, N 58 deg. 30 min. 09 sec. |
|
W 451.94 feet to a concrete right-of-way marker found; and N 58 deg. |
|
29 min. 05 sec. W 747.32 feet to an iron pin set. |
|
THENCE with the boundary of a 414.78 acre tract surveyed this |
|
date, N 31 deg. 30 min. 55 sec. E 1459.02 feet to an iron pin set; |
|
and N 88 deg. 21 min.38 sec. E 1669.98 feet to an iron pin set. |
|
THENCE with the boundary of the 4 1/4 acre tract conveyed to |
|
the Church of Christ at Strickland Grove as described in Vol. 111, |
|
Pg. 510, S 07 deg. 43 min. 05 sec. E 283.91 feet to an iron pin set; |
|
and N 87 deg. 56 min. 23 sec. E 488.74 feet to a steel cotton spindle |
|
set. |
|
THENCE with the West line of County Road 234, along or near |
|
the general line of an existing fence, setting iron pins at bends as |
|
follows: S 23 deg. 07 min. 23 sec. W 842.18 feet; S 16 deg. 01 min. |
|
02 sec. W 69.58 feet; S 01 deg. 17 min. 24 sec. W 21.50 feet; S 06 |
|
deg. 55 min. 45 sec. E 27.00 feet; S 11 deg. 23 min. 45 sec. E 68.43 |
|
feet; and S 18 deg. 12 min. 26 sec. E 616.09 feet to the POINT OF |
|
BEGINNING. |
|
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. 4817 was passed by the House on May |
|
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 4817 on May 31, 2009, by the following vote: Yeas 143, Nays 0, |
|
1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 4817 was passed by the Senate, with |
|
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |