H.B. No. 3549
AN ACT
relating to the creation of the Williamson County Municipal Utility
District No. 21; providing authority to impose a tax and issue
bonds.
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 8132 to read as follows:
CHAPTER 8132. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 21
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8132.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Williamson County Municipal
Utility District No. 21.
Sec. 8132.002. NATURE OF DISTRICT. The district is a
municipal utility district in Williamson County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 8132.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8132.023 before September 1, 2009:
(1) the district is dissolved September 1, 2009,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Williamson 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, 2012.
Sec. 8132.004. 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:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the
board.
Sec. 8132.005. APPLICABILITY OF OTHER WATER DISTRICTS LAW.
Except as otherwise provided by this chapter, Chapters 30, 49, and
54, Water Code, apply to the district.
[Sections 8132.006-8132.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8132.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Tommy Cain;
(2) David Crist;
(3) Jeff Henley;
(4) Stanton Meeks; and
(5) Stephen Stilp.
(b) A temporary director is not required to own land in or
reside in the district.
(c) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of persons
to fill all vacancies on the board.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8132.023; or
(2) the date this chapter expires under Section
8132.003.
Sec. 8132.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, a
majority of the temporary directors shall convene the
organizational meeting of the district at a location in the
district agreeable to a majority of the directors.
Sec. 8132.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code. If the creation of the
district is not confirmed at the initial election, the temporary
directors may hold a second election not sooner than the first
anniversary of the initial election.
(b) At the confirmation and initial directors' election the
board may submit to the voters a proposition to authorize:
(1) an issuance of bonds;
(2) a maintenance tax; or
(3) a tax to fund payments required under a contract.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
section.
Sec. 8132.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8132.023 shall draw lots to
determine which two shall serve terms expiring June 1 following the
first regularly scheduled election of directors under Section
8132.052 and which three shall serve until June 1 following the
second regularly scheduled election of directors.
Sec. 8132.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
[Sections 8132.026-8132.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8132.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms that expire
June 1 of even–numbered years.
Sec. 8132.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8132.053-8132.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8132.101. 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. 8132.102. 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. 8132.103. COMPLIANCE WITH SEWER SERVICE AGREEMENT.
The district shall comply with the terms and conditions of the
"Agreement Regarding Sewer Service Areas and Customers by and
between Lower Colorado River Authority, Brazos River Authority,
City of Georgetown, City of Liberty Hill and Chisholm Trail Special
Utility District" dated February 1, 2005.
SECTION 2. The Williamson County Municipal Utility District
No. 21 initially includes all the territory contained in the
following area:
BEING approximately 530 acres of land, situated in the John
Hamilton Survey, Abstract No. 282, in Williamson County, Texas,
said land being those certain tracts of land, called 147.2 acres
(Save and Except 45.3 acres) as described in Tract "A", and called
79.33 acres, as described in Tract "B", as conveyed to Aubrey J.
Daniell and wife, Evangeline Jacob Daniell, by deed as recorded in
Volume 444, Page 325, of the Deed Records of Williamson County,
Texas, that certain tract of land, called 264.56 acres, as
described in a deed to Gerald Kucera of record in Volume 1965, Page
587, of the Official Records of Williamson County, Texas, as
described in Tract "C", that certain tract of land, called 1.31
acres, as conveyed to Gerald D. Kucera by deed recorded as Document
No. 2001010697 of the Official Records of Williamson County, Texas,
as described in Tract "D", and that certain tract of land, called
117.34 acres, as conveyed to Gerald Kucera by deed recorded as
Document No. 199962150 of the Official Records of Williamson
County, Texas, as described in Tract "E", SAVE AND EXCEPT that
portion of the above-referenced tracts included in the
extraterritorial jurisdiction of the City of Georgetown, Texas, as
of January 1, 2005. Those individual tracts being described as
follows:
Tract "A"
Beginning 50 varas South 19 East from the most Easterly Southeast
corner of a tract of 158.6 acres of land out of the C H Delaney and
John Hamilton Surveys, this day conveyed to Mamie James by Emily
Conaway, et al; thence North 19 West 674 varas to the most Easterly
Northeast corner of the said 158.6 acre tract of land; thence South
71 West 400 varas for the most Northerly Southwest corner of this
tract; thence North 19 West, at 138 varas, pass the Southwest corner
of School Lot, at 253 varas, the Northwest corner of said school
lot, for the most Westerly Northwest corner of this tract; thence
with the fence line North 71 East, at 115 varas pass the Northeast
corner of said school lot, and at 800 varas, a fence corner, and the
Northeast corner of a 100 acre tract of land conveyed by Ed Conaway
and wife to Emily Conaway by Deed dated November 25, 1924, and
recorded in Volume 217, Page 500, of the Deed Records of Williamson
County, Texas; thence North 19 West 292 varas, the Southwest corner
of a 142 4/5 acre tract of land out of said Hamilton Survey conveyed
to Mrs. Elizabeth Tucker by her father; thence North 71 East 396
varas to a fence corner on the South line of said 142 4/5 acre tract;
thence South 19 East 909 varas to a fence corner; thence South 71
West 396 varas to a fence corner; thence South 19 East 323 varas to
the Northeast corner of the Second Tract of land described in Deed
of even date herewith from Emily Conaway, et al to Rebecca Britton;
thence South 71 West 400 varas to the place of beginning, containing
147.2 acres of land. Said field notes include the school lot above
mentioned.
SAVE AND EXCEPT 45.3 acres out of that portion of the above
described lands which has been cultivated and is known as the
"Field", the most westerly line being the fence on the east side of
the Old Georgetown and Florence Road, extending East between the
fence on the north and south sides of the "Field" to a line parallel
to the pasture fence on the East line of the field, so as to include
45.3 acres and no more.
Tract "B"
FIRST TRACT: Beginning at the S E corner of a tract of 142-4/5 acres
conveyed to Mrs. Tucker, by her father, a stone for corner, from
which the S E corner of Mrs. Tucker's 200 acre tract brs N 19 W 51
grs and a large elm tree on the North Bank of Berry's Creek brs N 19
W 59 vrs and a post oak tree 14 inches in dia brs S 19 E 25 vrs;
Thence S 71 W with the south line of said 142-4/5 acre tract, 199.62
vrs a stake from which a Post Oak 5 inches in dia brs S 61-3/4 W
4-1/5 vrs and another post oak 5 inches in dia brs S 47½ E 2-1/5 vrs;
Thence S 19 E 909 vrs diameter brs N 19 W 9½ vrs 14 inches in
diameter brs S 71 W 3-3/5 vrs; Thence N 71 E 198.87 vrs to a stake
for a S E corner; Thence N 19 W 909 vrs to the place of beginning,
containing 32.08 acres of land more or less.
Second Tract: Beginning at the N W corner of the above described
tract; Thence S 19 E with the West line of the above described
tract, 909 vrs to a stake for the S W corner of the above described
tract and the S E corner hereof; Thence S 71 W 199 vrs to the S W
corner hereof; Thence N 19 W at 1293 vrs the center of Berry's Creek
from which an elm 20 inches in dia marked X brs N 42-10 E 25½ vrs, a
hackberry 18 inches in dia marked X brs N 20-19½ vrs; Thence down
said Creek with meanders of same about as follows: N 78 E 55 vrs; S
80 E 150 vrs; S 11 E 120 vrs; S 68½ E 150 vrs; N 88½ E 123 vrs to the S
E corner of the Tucker's Home tract and the S W corner of Mrs. Mary
M. Poole's home tract; Thence S 19 E 51 vrs to the N E corner of the
above mentioned tract of 32.08 acres; Thence S 71 W 199 vrs to the
place of beginning, containing 47-1/4 acres of land more or less.
Tract "C"
Field notes for a tract of 264.56 acres of land out of the John
Hamilton Survey, Abstract No. 282, in Williamson County, Texas;
being out of and a part of that tract of land described as
containing 261.44 acres in: (1) a deed from Russell Kinningham, et
ux, to Glenn Neans, dated July 8, 1976, and recorded in Volume 641,
Page 288 of the Deed Records of Williamson County, Texas; and (2) a
sales contract from Glenn Neans to Crest Homes (a Division of Mark
Electric, Inc.) that is dated October 3, 1978.
Beginning at the point of intersection of the center of Berrys
Creek, which bounds this tract along the north, with the northerly
projection of the northmost portion of an old wire fence line along
the west line of the above described 261.44 acre tract, said point
bearing N 16°26' W 47 ft. distant from a dead 12" tree trunk, at the
end of said fence line, on the south bank of said creek; said point
of intersection being at or near the following: (1) the northwest
corner of the above described 261.44 acre tract; (2) the northeast
corner of that 47.25 acre tract described in a deed from Frank
Conaway, et al, to Aubrey J. Daniell, et ux, dated March 20, 1961,
and recorded in Volume 444, Page 325 of the Deed Records; (3) the
southeast corner of that 200 acre tract described in a deed from
Laveta Tisdale, et al, to Wallace Suttles, dated September 4, 1946,
and recorded in Volume 339, Page 514 of the Deed Records; and (4)
the southwest corner of that 319 acre tract described in a deed from
George Meatsler, et ux, to Mary Poole, dated June 26, 1894, and
recorded in Volume 71, Page 272 of the Deed Records (said 319 acre
tract having been granted to the Cumberland Presbyterian Church
Orphans Home in the will of said Mary Poole which was dated February
3, 1944); for the POINT OF BEGINNING and Northwest corner hereof.
Thence leaving said Berrys Creek, and proceeding along the
aforementioned old wire fence line along the west line of said
261.44 acre tract and the upper east line of the above described
Daniell 47.25 acre tract, S 16°26' E, at 47 ft. pass the
aforementioned dead 12" tree trunk at the beginning of said fence,
in all 160.14 ft. to a fairly new cedar corner post at an ell corner,
as fenced, of said 47.25 acre tract, said point being the northeast
fence corner of that 32.08 acre tract described in the
aforementioned deed to Daniell.
Thence continuing along said old wire fence line along the west line
of said 261.44 acre tract, and along the east line of said Daniell
32.08 acre tract, as follows: S 17°08' E 193.56 ft., a post; S 18°38'
E 463.36 ft., a post; S 20°33' E 195.58 ft., a post; S 21°06' E 32.22
ft., a post; S 18°58' E 218.85 ft., a 17" Live Oak; S 21°06' E 130.80
feet, a post at the north end of a gate; S 28°09' E 16.75 ft., a post
at the south end of said gate; S 21°04' E 90.94 ft., a post; S 18°52' E
64.38 ft., a post; S 18°14' E 100.79 ft., a post; S 20°14' E 258.38
ft., a 13" Cedar; S 18°27' E 288.70 ft., a post; S 15°15' E 299.65
ft., a post; and S 12°59' E 78.58 ft. to an old corner post at the
southeast fence corner of said Daniell 32.08 acre tract, also being
the northeast fence corner of that 128 acre "FIRST TRACT" described
in a deed from Oscar M. Beaver, Jr, et ux, to Ernest G. Walston, et
al, dated June 20, 1962, and recorded in Volume 452, Page 382 of the
Deed Records.
Thence proceeding along a fairly new wire fence line, along the west
line of said 261.44 acre tract and the east line of said Walston 128
acre "FIRST TRACT" as follows: S 19°58' E 139.79 ft., a post; S 19°46'
E 471.85 ft., a post; S 19°42' E 1092.80 ft., a post in concrete; and
S 19°38' E 432.03 ft. to a large cedar corner post, in concrete, at
the southwest fence corner of said 261.44 acre tract; said point
being the northwest fence corner of that 1.5 acre tract, which is an
approximately 30 ft. wide land running along the south line of said
261.44 acre tract, described as the "SECOND TRACT" in the
aforementioned deed from Beaver to Walston; for the Southwest
corner hereof;
Thence leaving said Walston 128 acre east line, and proceeding
along an old wire fence line along the south line of said 261.44
acre tract and the north line of said Walston 1.5 acre "SECOND
TRACT", as follows; N 71°39' E 382.38 ft., a post; N 69°59' E 265.02
ft., a dead 5" tree trunk; N 71°35' E 587.40 ft., an 11" Cedar; N
74°20' E 416.14 ft., a 4" dead tree trunk in a cluster; N 79°18' E
362.23 ft., a 7" Oak; N 77°18' E 157.46 ft., a 5" tree; and N 70°57' E
44.50 ft. to an iron stake found, beside an old corner post, at the
southeast fence corner of said 261.44 acre tract and the northeast
fence corner of said 1.5 acre Walston tract; said point being in the
west fence line of that 4.39 acre tract described in a deed from
Russell Kinningham, et ux, to William O. Reed, Jr., dated February
15, 1979, and recorded in Volume 748, Page 630 of the Deed Records;
said point also being in the west fence line of that 100 acre tract
described in a deed from Oscar M. Beaver, Jr., et ux, to Edward Y.
Beaver, dated January 17, 1964, and recorded in Volume 465, Page 615
of the Deed Records; said point also being in the west line of a 30
ft. wide easement which was conveyed in the aforementioned deed
from Oscar Beaver to Ernest Walston, said easement beginning at the
southeast corner of the aforementioned 1.5 acre "SECOND TRACT" and
running northerly and parallel to the west line of that 324.3 acre
tract, described in a deed from Edward Y. Beaver, et al, to Oscar M.
Beaver, Jr., dated October 24, 1949, and recorded in Volume 358,
Page 335 of the Deed Records, for a distance of about "2776 ft." to
the south line of a "community road running easterly and westerly
through the Beaver and Brooks properties"; for the Southeast corner
hereof.
Thence proceeding along an old wire fence, along the east line of
said 261.44 acre tract and the west line of said Reed 4.39 acre
tract (and west line of said Edward Beaver 100 acre tract), N 13°36'
W 100.22 ft. to an iron stake set, west of a newer cedar post, at or
near the northwest corner of said Reed 4.39 acre tract and an ell
corner of said 261.44 acre tract, for an ell corner hereof.
Thence proceeding along a fairly new wire fence along the upper
north line of said Reed tract, N 76°58' E 31.69 ft. to an iron stake
found, beside a corner post, at an ell corner of said 261.44 acre
tract; for an ell corner hereof.
Thence proceeding along a fairly new wire fence line running along
the east line of said 261.44 acre tract, said fence also running
along that line described in a fence line agreement between Russell
Kinningham, et ux, and Edward Y. Beaver, et ux, dated July 8, 1976,
and recorded in Volume 641, Page 283 of the Deed Records, as
follows: N 16°36' W 367.71 ft., a large corner post, which bears N
85°04' E 11.8 ft. distant from an iron stake found in the remains of
an old wire fence line running in a northerly direction; N 16°55' W
710.60 ft., a post; N 17°17' W 470.20 ft., a post; N 17°25' W _.52
ft., a post; N 17°44' W 382.69 ft., a post; N 17°28' W 392.16 ft., a
large post, at the south end of a gate, in the south margin of a
lane; leaving said fence, N 64°42' W 33.86 ft., an iron stake found
in the base of a broken off post; and N 20°41' W 44.16 ft. to a cedar
post, in concrete, at the present northwest fence corner of the land
owned by said Edward Beaver, also being the southwest corner of that
20 acre tract described in a sales contract from the Texas Veterans
Land Board to William Gray Bryant, Jr., dated July 13, 1974, and
recorded in Volume 591, Page 731 of the Deed Records; said point
also being at or near the most northwesterly corner of that 50 ft.
wide easement conveyed from Edward Y. Beaver, et ux, to Russell
Kinningham, dated October 15, 1974, and recorded in Volume 597,
Page 385 of the Deed Records (said easement connecting with three
additional easements, conveyed to Russell Kinningham of record in
Volume 597, Pages 382, 359 and 362 of the Deed Records of Williamson
County, Texas, which proceed northeasterly to Texas State Highway
195).
Thence proceeding along an old wire fence, along the east line of
said 261.44 acre tract and the west line of said Bryant 20 acre
tract, as follows: N 20°41' W 37.00 ft., a post; N 19°50' W 261.20
ft., a post; N 21°02' W 129.08 ft., a post; N 19°29' W 183.35 ft., a
post; N 17°14' W 707.51 ft., a post; N 18°02' W 593.71 ft., a post; N
17°11' W 267.60 ft., a 30" Live Oak; N 45°22' W 40.04 ft., a 12" Bois
d'Arc, on the south bank of the aforementioned Berrys Creek, at the
end of said fence line; and N 13°25' W 39.61 ft. to a point in the
center of said Creek, being at or near the northeast corner of said
261.44 acre tract and the northwest corner of said Bryant 20 acre
tract; said point also being at or near the following: (1) the
southeast corner of the aforementioned Mary Poole 319 acre tract;
and (2) an ell corner of that 177.79 acre tract described in a deed
from Oscar M. Beaver, Jr., et ux, to William Gray Bryant, Jr., et
ux, dated April 24, 1974, and recorded in Volume 586, Page 812 of
the Deed Records; for the Northeast corner hereof;
Thence proceeding up the center of said Berrys Creek, being the
north line of said 261.44 acre tract and the south line of said 319
acre tract, as follows: S 73°05' W 216.60 ft.; S 69°48' W 349.60 ft.;
N 77°53' W 174.00 ft.; N 64°57' W 147.40 ft.; N 67°04' W 151.00 ft.; S
62°52' W 547.60 ft.; S 80°32' W 122.40 ft.; S 70°13' W 177.00 ft.; S
20°34' W 240.00 ft.; S 30°22' W 197.60 ft.; S 81°33' W 151.00 ft.; and
S 88°33' W 100.70 ft. to the POINT OF BEGINNING, containing 264.56
acres of land.
Tract "D"
BEING 1.31 acres of land, situated in the John Hamilton Survey,
Abstract No. 282, in Williamson County, Texas, said land being a
portion of that certain Second Tract, called 1.5 acres, as conveyed
to Ernest G. Walston and Buford M. Homeyer by deed as recorded in
Volume 452, Page 382, of the Deed Records of Williamson County,
Texas. Surveyed on the ground in the month of September, 1999, under
the supervision of Don H. Bizzell, Registered Professional Land
Surveyor, and being more particularly described as follows;
BEGINNING at an iron pin found marking the Northeast corner of the
above-referenced Walston and Homeyer Second Tract, being the
Southeast corner of that certain tract of land, called 264.56
acres, as conveyed to Gerald Kucera by deed as recorded in Volume
1965, Page 587, of the Official Records of Williamson County,
Texas, being on the west line of that certain Tract II, called 4.39
acres, as conveyed to Robert C. Williamson and wife, Jo Ann
Williamson, by deed as recorded in Volume 873, Page 349, of the Deed
Records of Williamson County, Texas, for the Northeast corner
hereof;
THENCE, along the west line of the said Williamson Tract II, S 14°
22'E, 31.24 feet to an iron pin found marking the Southeast corner
of the said Walston and Homeyer Second Tract, being the Northeast
corner of that certain tract of land, called 117.34 acres as
conveyed to Gerald Kucera by deed recorded as Document No.
199962150 of the Official Public Records of Williamson County,
Texas, for the Southeast corner hereof;
THENCE, along the occupied south line of the said Walston and
Homeyer Second Tract, being the north line of the said 117.34 acre
Kucera tract, as follows; S 76° 25' 30" W, 256.33 feet to an iron pin
found; S 78° 56' W, 289.62 feet to an iron pin found; S 74° 09' W,
308.57 feet to an iron pin found; S 72° 17' W, 274.28 feet to an iron
pin found; S 71° 30' W, 277.22 feet to an iron pin found; S 70° 35' 30"
W, 266.63 feet to an iron pin found and S 70° 46' 30" W, 209.61 feet
to an iron pin set for the Southwest corner hereof; said point being
N 70° 46' 30" E, 60.00 feet from the most northerly Northwest corner
of the said 117.34 acre Kucera tract;
THENCE, N 19° 16' 30" W, 26.84 feet to a mag nail set in rock on the
occupied north line of the said Walston and Homeyer Second Tract,
being the south line of the said 264.56 acre Kucera tract, for the
Northwest corner hereof;
THENCE, along the occupied north line of the said Walston and
Homeyer Second Tract, being the south line of the said 264.56 acre
Kucera tract, as follows; N 71° 15' 30" E, 52.51 feet to an iron pin
set; N 69° 35' 30" E, 265.02 feet to an iron pin set; N 71° 11' 30" E,
587.40 feet to a spindle set in the east side of a 16" Cedar 6 feet
above ground; N 73° 56' 30" E, 416.14 feet to an iron pin set; N 78°
54' 30" E, 362.33 feet to an iron pin set; N 76° 54' 30" E, 157.46
feet to an iron pin set and N 70° 33' 30" E, 44.50 feet to the Place
of BEGINNING and containing 1.31 acres of land.
Tract "E"
BEING 117.34 acres of land, situated in the John Hamilton Survey,
Abstract No. 282 and the Frederick Foy Survey, Abstract No. 229, in
Williamson County, Texas, said land being that certain Tract One,
called 117.23 acres and that certain Tract Two, called 0.138 of an
acre, as conveyed to Keystar Whisperwood II, Ltd. by deed as
recorded in Volume 2510, Page 125, of the Official Records of
Williamson County, Texas. Surveyed on the ground in the month of
August, 1999, under the supervision of Don H. Bizzell, Registered
Professional Land Surveyor, and being more particularly described
as follows;
BEGINNING at an iron pin found at the Northwest corner of Jennings
Branch, an existing dedicated roadway, marking the Southwest corner
of the above-referenced Tract Two, being on the east line of the
Resubdivision of a Portion of Lot 16, Block One, Whisperwood I and a
0.0358 of an acre, a subdivision of record in Cabinet N, Slide 239,
of the Plat Records of Williamson County, Texas, marking the most
easterly Southwest corner of that certain tract of land, called
13.536 acres, as conveyed to Martin L. McCarley, by deed as recorded
in Volume 2445, Page 227, of the Official Records of Williamson
County, Texas, for the most westerly Southwest corner hereof;
THENCE, along the west and north lines of the said Tract Two, N 19°
33' W, at 29.92 feet pass an iron pin found marking the Northeast
corner of the said Resubdivision of a Portion of Lot 16, Block One,
Whisperwood I, and a 0.0358 of an acre, being an interior corner of
the said McCarley tract, for a total distance of 106.04 feet, in
all, to an iron pin set at the beginning of a curve to the right,
(Radius = 75.00 feet, Long Chord bears N 25° 42' E, 106.38 feet);
Thence, along the said curve for an arc distance of 118.26 feet to
an iron pin set for the Northeast corner of the said Tract Two,
being the most westerly Northwest corner of the above-referenced
Tract One and an interior corner of the said McCarley tract;
Thence, N 70° 28' 30" E, 280.30 feet to an iron pin found marking an
interior corner of the said Tract One, being the most easterly
Southeast corner of the said McCarley tract, for an interior corner
hereof;
THENCE, N 19° 16' 30" W, 804.04 feet to an iron pin found marking the
most northerly Northwest corner of the said Tract One, being the
Northeast corner of the said McCarley tract, and on the south line
of that certain Second Tract, called 1.5 acre, as conveyed to Ernest
G. Walston and Buford M. Homeyer by deed as recorded in Volume 452,
Page 382, of the Deed Records of Williamson County, Texas, for the
Northwest corner hereof;
THENCE, along the north line of the said Tract One, being the south
line of the said Walston and Homeyer tract, as follows; N 70° 46' 30"
E, 269.61 feet to an iron pin found; N 70° 35' 30" E, 266.63 feet to
an iron pin found; N 71° 30' E, 277.22 feet to an iron pin found; N
72° 17' E, 274.28 feet to an iron pin found; N 74° 09' E, 308.57 feet
to an iron pin found; N 78° 56' E, 289.62 feet to an iron pin found
and N 76° 25' 30" E, 256.33 feet to an iron pin found on the west line
of that certain Tract II, called 4.39 acres, as conveyed to Robert
C. Williamson and wife, Jo Ann Williamson, by deed as recorded in
Volume 873, Page 349, of the Deed Records of Williamson County,
Texas, marking the Northeast corner of the above-referenced Tract
One, being the Southeast corner of the said Walston and Homeyer
tract, for the Northeast corner hereof;
THENCE, along the east line of the said Tract One, being the west
line of the said Williamson Tract II, as follows; S 14° 54' 30" E,
53.14 feet to a nail set; S 20° 42' 30" E, 147.05 feet to a nail
found; S 27° 05' E, 470.13 feet to a nail found; S 29° 20' 30" E, 66.21
feet to an iron pin found; S 29° 52' E, 461.47 feet to a nail found; S
13° 35' 30" E, 44.93 feet to a nail found and S 3° 25' 30" E, 29.75
feet to an iron pin found marking the Southwest corner of the said
Williamson Tract II, being the Northwest corner of that certain
tract of land, called 15.00 acres, as described in a Contract of
Sale and Purchase between the Veteran's Land Board of Texas and
James Eugene Lax, of record in Volume 859, Page 912, of the Deed
Records of Williamson County, Texas, said Contract being assigned
to Coy Fancher by Assignment of Veteran's Land Board Contract of
Sale and Purchase of record in Volume 1774, Page 539, of the
Official Records of Williamson County, Texas, and continuing along
the west line of the said Fancher tract, S 2° 03' E, 46.95 feet to an
iron pin found; S 2° 17' 30" E, 188.35 feet to a nail found; S 12° 52'
30" E, 156.29 feet to a nail found; S 16° 28' 30" E, 160.13 feet to a
nail found at a 25" Live Oak; S 11° 25' 30" E, 105.55 feet to a nail
found; S 31° 21' E, 33.76 feet to a nail found; S 14° 20' 30" E, 174.86
feet to an iron pin found; S 15° 22' E, 337.70 feet to an iron pin
found and S 14° 59' 30" E, passing the common line between the John
Hamilton Survey, Abstract No. 282 and the Frederick Foy Survey,
Abstract No. 229, for a total distance of 356.22 feet, in all, to an
iron pin found at a fence corner marking the Southeast corner of the
above-referenced Tract One, being on the north line of that certain
Tract I, called 900.86 acres, as conveyed to John F. Yearwood by
deed as recorded in Volume 1813, Page 665, of the Official Records
of Williamson County, Texas, being the Southwest corner of the said
Fancher tract, for the Southeast corner hereof;
THENCE, S 70° 34' 30" W, 1229.98 feet to an iron pin found marking
the most southerly Southwest corner of the said Tract One, being on
the east line of Lot 9, Block Two, of Whisperwood I, a subdivision
of record in Cabinet I, Slide 102, of the Plat Records of Williamson
County, Texas, being the Northwest corner of the said Yearwood
tract, for the Southwest corner hereof;
THENCE, along the west line of the said Tract One, being the east
line of the said Whisperwood I, N 19° 17' 30" W, 130.08 feet to an
iron pin found marking the Northeast corner of the said Lot 9, Block
Two, being the most easterly corner of Lot 10, Block Two, of the
said Whisperwood I, being on, or near, the common line between the
Frederick Foy Survey, Abstract No. 229 and the John Hamilton
Survey, Abstract No. 282; N 66° 32' 30" W, 418.29 feet to an iron pin
found marking the Northeast corner of the said Lot 10, Block Two,
being the Southeast corner of Lot 11, Block Two, of the said
Whisperwood I, and N 19° 31' W, at 324.93 feet pass the Northeast
corner of the said Lot 11, Block Two, being the Southeast corner of
Lot 12, Block Two, of the said Whisperwood I, at 649.82 feet pass
the Northeast corner of the said Lot 12, Block Two , being the
Southeast corner of the said Lot 13, Block Two, for a total distance
of 974.89 feet, in all, to an iron pin found marking an interior
corner of the said Tract One, being the Northeast corner of the said
Lot 13, Block Two, for an interior corner hereof;
THENCE, along the north line of the said Lot 13, Block Two, S 70° 28'
30" W, 335.04 feet to an iron pin found marking a southwesterly
corner of the said Tract One, marking the Southeast corner of Lot
14, Block Two, of the said Whisperwood I, for a southwesterly corner
hereof;
THENCE, N 19° 29' 30" W, 650.10 feet to an iron pin found marking an
interior corner of the said Tract One, being the Northeast corner of
the said Lot 14, Block Two, for an interior corner hereof;
THENCE, along the south and east lines of the said Tract One, being
the north and west lines of the said Lot 14, Block Two, as follows; S
70° 28' 30" W, 320.19 feet to an iron pin set at the beginning of a
curve to the left, (Radius = 15.00 feet, Long Chord bears S 25° 13'
W, 21.28 feet);
Thence, along the said curve for an arc distance 23.66 feet to an
iron pin found;
Thence, S 19° 28' E, 106.07 feet to a railroad spike found at the
Northeast corner of the said Jennings Branch, marking the most
westerly Southeast corner of the said Tract One, for the most
westerly Southeast corner hereof;
THENCE, along the north line of the said Jennings Branch, S 70° 39'
30" W, at 30.01 feet pass a cotton picker spindle found marking the
most westerly Southwest corner of the said Tract One, being the most
southerly Southeast corner of the said Tract Two, for a total
distance of 59.95 feet, in all, to the Place of BEGINNING and
containing 117.34 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 September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3549 was passed by the House on May
20, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3549 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor