S.B. No. 1821
AN ACT
relating to the creation of the Flatrock Springs Municipal
Management District; granting authority for taxation and the
issuance of bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3818 to read as follows:
CHAPTER 3818. FLATROCK SPRINGS MUNICIPAL MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3818.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Flatrock Springs Municipal
Management District.
Sec. 3818.002. FLATROCK SPRINGS MUNICIPAL MANAGEMENT
DISTRICT. (a) The Flatrock Springs Municipal Management District
is created in Burnet County. The district is a political
subdivision of the state, a governmental agency, and a body politic
and corporate.
(b) The name of the district may be changed by resolution of
the board.
(c) The district is created under and is essential to
accomplish the purposes of Sections 52 and 52-a, Article III, and
Section 1-g, Article VIII, Texas Constitution, and other public
purposes stated in this chapter.
Sec. 3818.003. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act creating
this chapter.
(b) The boundaries and field notes of the district 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 levy and collect taxes
or issue bonds;
(3) the district's right to enter into any type of
contract for the purposes for which the district is created; or
(4) the legality or operation of the district or the
board.
Sec. 3818.004. LEGISLATIVE DECLARATIONS AND FINDINGS OF
PUBLIC BENEFIT. (a) The legislature finds that all of the land and
other property included within the boundaries of the district will
be benefited by the works, services, and projects that are to be
accomplished by the district under the powers conferred by Sections
52 and 52-a, Article III, and Section 1-g, Article VIII, Texas
Constitution, and other powers granted under this chapter.
(b) The creation of the district is essential to accomplish
the purposes of Sections 52 and 52-a, Article III, and Section 1-g,
Article VIII, Texas Constitution, and to accomplish the other
public uses, benefits, and purposes of this chapter.
(c) The legislature finds that the creation of the district:
(1) is essential to the conservation and beneficial
use of the water, land, soil, and other natural resources in or
adjacent to the district;
(2) is essential to further the public purposes of the
economic development and diversification of the state, the
elimination of unemployment and underemployment, and the
stimulation and development of transportation and commerce;
(3) will promote the health, safety, and general
welfare of residents, employers, employees, and consumers in the
district and in Burnet County and of the public; and
(4) is in the public interest.
(d) The district's operations and the district's
improvement projects will enable the district to preserve,
maintain, and enhance the economic health and vitality of the area
in the district as a community, residential, recreational,
business, and commerce center. The district will further promote
the health, safety, welfare, education, convenience, and enjoyment
of the public by improving, landscaping, and developing certain
areas in and adjacent to the district and providing public services
and facilities in and adjacent to the district that are necessary
for the restoration, preservation, enhancement, and enjoyment of
scenic beauty.
Sec. 3818.005. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
Sec. 3818.006. APPLICABILITY OF OTHER LAW. This chapter
prevails over any provision of general law that is in conflict or
inconsistent with this chapter. Any general law which supplements
the power and authority of the district, to the extent not in
conflict or inconsistent with this chapter, is adopted and
incorporated herein by reference.
Sec. 3818.007. CONTRACT WITH DISTRICT. The district and a
municipality in whose extraterritorial jurisdiction the district
is located may enter into development agreements under Subchapter
G, Chapter 212, Local Government Code, concerning development of
the property within the district and annexation of all or a portion
of the district by the municipality.
[Sections 3818.008-3818.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 3818.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Sandy Jenkins;
(2) Pat Dickey;
(3) Vi Cloud;
(4) Terry Turner; and
(5) Jack Cooley.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy.
(c) Temporary directors serve until initial directors are
elected under Section 3818.022.
Sec. 3818.022. INITIAL DIRECTORS' ELECTION. In the manner
provided by Section 49.102, Water Code, the temporary board of
directors shall call and hold an election to elect five initial
directors.
Sec. 3818.023. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 3818.022 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 3818.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 3818.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 3818.025-3818.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3818.051. BOARD OF DIRECTORS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
(c) Each director must qualify to serve as a director in the
manner provided by Sections 49.052, 49.055, and 54.025, Water Code,
as applicable.
(d) A director serves until the director's successor has
qualified.
(e) A vacancy in the office of director because of the
death, resignation, or removal of the director shall be filled by
the remaining members of the board by appointing a qualified person
for the unexpired term.
Sec. 3818.052. ELECTION OF DIRECTORS. On the uniform
election date, established by the Election Code, in May of each
even-numbered year, the appropriate number of directors shall be
elected.
[Sections 3818.053-3818.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3818.101. GENERAL POWERS OF DISTRICT. (a) The
district has all of the rights, powers, privileges, authority, and
functions:
(1) of a district created under Chapter 375, Local
Government Code, except:
(A) the rights, powers, privileges, authority,
and functions unique to a conservation and reclamation district
created under Section 59, Article XVI, Texas Constitution; and
(B) as otherwise provided by this chapter;
(2) of a municipality or a county under Chapter 372,
Local Government Code;
(3) of a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes); and
(4) provided by the general laws of the state
authorizing:
(A) programs and the making of loans and grants
of public money for economic development permitted under Section
52-a, Article III, Texas Constitution; and
(B) the development of property under Section
1-g, Article VIII, Texas Constitution.
(b) The powers incorporated by reference in Subsection (a)
include the power to issue bonds or other obligations and to levy,
assess, and collect ad valorem taxes, assessments, and impact fees
and apply the proceeds of the taxes, assessments, or fees to the
payment of debt, contract payments, or maintenance and operating
expenses, and the district may exercise such powers.
(c) Without limiting any of the powers referenced in this
chapter, the district has all powers necessary or required to
accomplish the purposes for which the district was created.
Sec. 3818.102. IMPROVEMENT PROJECTS. (a) The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, improvement projects.
(b) A district improvement project may include the
following types of improvement projects or activities in support of
or incidental to those projects, whether individual, intermittent,
or continuing and whether located or conducted within or outside
the district, for the planning, design, construction, acquisition,
lease, rental, lease-purchase, installment purchase, improvement,
provision of furnishings, equipment, rehabilitation, repair,
reconstruction, relocation, use, management, operation, or
maintenance of any works, improvements, or facilities or the
provision, support, enhancement, improvement, extension, or
expansion of services, whether provided to, for, by, or on behalf of
the district, for the accomplishment of the public purposes of the
district:
(1) landscaping; lighting, banners, and signs;
streets or sidewalks; hike and bike paths and trails, pedestrian
walkways, skywalks, crosswalks, or tunnels; highway right-of-way
or transit corridor beautification and improvements; fiber optic
cables and networks; parks, trails, lakes, gardens, recreational
facilities, open space, scenic areas, and related exhibits and
preserves; and any other public improvements, facilities, or
services similar to the improvements, facilities, or services
described by this subdivision;
(2) the removal, razing, demolition, or clearing of
land or improvements in connection with an improvement project;
(3) the acquisition and improvement of land and other
property for the mitigation of the environmental effects of an
improvement project;
(4) the acquisition of real or personal property or an
interest in real or personal property in connection with an
authorized improvement project; and
(5) any special or supplemental services for the
improvement and promotion of the district or adjacent areas or for
the protection of public health and safety within or adjacent to the
district, including health and sanitation, public safety,
security, development, advertising, promotion, elimination of
traffic congestion, and recreational improvements, enhancements,
and services.
(c) The district may undertake an improvement project
separately or jointly with another person and pay all or part of the
costs of an improvement project, including an improvement project
that:
(1) improves, enhances, or supports public safety and
security and law enforcement within and adjacent to the district;
(2) confers a general benefit on the entire district
and the areas adjacent to the district; or
(3) confers a special benefit on a definable part of
the district, which may be all or part of the district.
(d) When applicable to a particular improvement project,
the district may enter into a contract with any private or
governmental entity to own, acquire, lease, lease-purchase,
construct, operate, or maintain, jointly or otherwise, an
improvement project. The contract may provide:
(1) that any payments due under the contract are
payable from and are secured by a pledge of a specified part of the
revenues of one or more improvement projects;
(2) for the levying of an ad valorem or maintenance tax
to make payments due under the contract; or
(3) that the payments due under the contract be made
from a combination of revenues from one or more improvement
projects and taxes.
Sec. 3818.103. PUBLIC SAFETY. (a) The district may not
employ peace officers, but may contract for off-duty peace officers
to provide public safety and security services in connection with a
special event, holiday, period with high traffic congestion, or
similar circumstance.
(b) The board by rule may regulate the private use of public
roadways, open spaces, parks, sidewalks, and similar public areas.
The rules may provide for the safe and orderly use of public
roadways, open spaces, parks, sidewalks, and similar public areas
or facilities.
Sec. 3818.104. EMPLOYEES; COMPENSATION. The board may
employ and establish the terms of employment and compensation of an
executive director, a general manager, and any other operating
officer of the district the board considers necessary.
Sec. 3818.105. BORROWING MONEY. The district may borrow
money for the corporate purposes of the district.
Sec. 3818.106. CONTRACTS; GRANTS; DONATIONS. (a) The
district may contract with any person to accomplish the purposes of
this chapter including contracting for the payment, repayment, or
reimbursement, out of tax proceeds or any other specified source of
funds, of costs, including carrying costs, incurred by the person
on behalf of the district, including all or part of the costs of an
improvement project.
(b) The district may apply for and contract with a person to
receive, administer, and perform the district's duties and
obligations under any federal, state, local, or private gift,
grant, loan, conveyance, transfer, bequest, donation, or other
financial assistance arrangement relating to the investigation,
planning, analysis, study, design, acquisition, construction,
improvement, completion, implementation, or operation by the
district or others of a proposed or existing improvement project.
(c) The district may contract with the state or a state
agency, city, county, other political subdivision, corporation, or
other person to carry out the purposes of this chapter on such terms
and conditions and for such period of time as the board may
determine. The state or a state agency, city, county, other
political subdivision, corporation, individual, or other entity
may contract with the district to carry out the purposes of this
chapter without any further authorization, notwithstanding any
other law or charter provision to the contrary.
Sec. 3818.107. RULES. The district may adopt and enforce
rules for:
(1) the administration and operation of the district;
(2) the use, enjoyment, availability, protection,
security, and maintenance of the district's properties and
facilities; and
(3) the provision of public safety and security in the
district.
Sec. 3818.108. FEES; CHARGES. The district may:
(1) establish and collect user fees, concession fees,
admission fees, rental charges, or other similar fees or charges;
and
(2) apply the proceeds from those fees or charges for
the enjoyment, sale, rental, or other use of the district's
facilities, services, properties, or improvement projects.
Sec. 3818.109. PAYMENT OF EXPENSES. The district may
provide or secure the payment or repayment of the costs and expenses
of the establishment, administration, and operation of the district
and the district's costs or share of the costs on any improvement
project, or the district's contractual obligation or indebtedness,
by or through:
(1) a lease, lease-purchase agreement, installment
purchase contract, or other agreement with any person;
(2) a tax, assessment, user fee, concession fee, or
rental charge; or
(3) any other revenues or resources of the district.
[Sections 3818.110-3818.150 reserved for expansion]
SUBCHAPTER D. DISSOLUTION
Sec. 3818.151. DISSOLUTION OF DISTRICT. (a) The district
may be dissolved as provided by Subchapter M, Chapter 375, Local
Government Code.
(b) If the district has debt and is dissolved, the district
shall remain in existence solely for the limited purpose of
discharging its bonds or other obligations according to their terms.
SECTION 2. The Flatrock Springs Municipal Management
District includes all the territory contained in the following
described area:
BEING 1056.98 acres of land consisting of approximately 7.77
acres out of the W. Giesecke Survey No. 1508, Abstract No. 1551,
approximately 40.56 acres out of the J. Barton Survey No. 418,
Abstract No. 135 and approximately 1008.65 acres out of the
Guadalupe Flores Survey No. 7, Abstract No. 304 of Burnet County,
Texas and being described in four tracts as follows:
(a) TRACT ONE, being 1026.22 acres, consisting of
approximately 7.77 acres out of the W. Giesecke Survey No. 1508,
Abstract No. 1551, 40.56 acres out of the J. Barton Survey No. 418,
Abstract No. 135 and 977.89 acres out of the Guadalupe Flores Survey
No. 7, Abstract No. 304 of Burnet County, Texas, and being a remnant
of 1095.093 acres described in a deed to Josephine Schieffer,
recorded in Volume 168, Page 389 of the Burnet County Deed Records,
Burnet County, Texas, and being more particularly described as
follows:
Beginning at a ½ inch steel stake found for the Northeast
corner of said remnant of 1095.093 acres being the Southeast corner
of Channel Oaks, Section II, the Plat of which is recorded in
Volume 1, Page 230 of the Burnet County Plat Records and being in
the West line of that certain 12.19 acres conveyed to John Randall,
recorded in Volume 486, Page 905 of the Burnet County Deed Records,
as shown on the plat of Lake Marble Falls Subdivision, an unrecorded
subdivision,
Thence with the West line of said Lake Marble Falls
Subdivision, the West line of that certain 200.7 acres conveyed to
J. E. Roper recorded in Volume 87, Page 483 and Volume 88, Page 620
of the Burnet County Deed Records, and with the East line of said
remnant of 1095.093 acres, South 01 degrees 40 minutes 05 seconds
East (South 00 degrees 45 minutes East) 9,534.99 ft. a ½ inch steel
stake set with plastic surveyor cap stamped R.P.L.S. No. 1877, in
the West line of the Old Highway No. 108 (Burnet County 77/275
B.C.D.R.),
Thence with the West line of said Highway No. 108, South 09
degrees 58 minutes 34 seconds West (South 11 degrees 00 minutes
West) 662.29 ft. a ½ inch steel stake set with plastic surveyor cap
stamped R.P.L.S. No. 1877 for the beginning point of a curve to the
right,
Thence continuing with the West line of said Highway No. 108
and said curve to the right, the radius of which is 3769.64 ft.,
through a delta angle of 05 degrees 06 minutes 46 seconds, an arc of
336.38 ft., and a chord bearing and distance of South 12 degrees 31
minutes 58 seconds West 336.27 ft., a ½ inch steel stake set with
plastic surveyor cap stamped R.P.L.S. No. 1877 for the end point of
said curve to the right, in the West line of U.S. Highway No. 281
(State of Texas 120/632 B.C.D.R.)
Thence South 23 degrees 24 minutes 55 seconds West (South 24
degrees 21 minutes West) 588.00 ft. a brass highway monument found
for the North corner of that certain 10.30 acres conveyed to the
State of Texas, recorded in Volume 212, Page 49 of the Burnet County
Deed Records,
Thence with the West line of said 10.30 acres South 36 degrees
38 minutes 26 seconds West (South 37 degrees 36 minutes 45 seconds
West) 1134.58 ft. (1134.80 ft.) a brass highway monument found,
South 44 degrees 06 minutes 29 seconds West (South 45 degrees 03
minutes 30 seconds West) 1061.61 ft. (1061.84 ft.) a brass monument
found, South 76 degrees 10 minutes 25 seconds West (South 77 degrees
10 minutes 30 seconds West) 485.98 ft. (485.96 ft.) a brass highway
monument found, and North 77 degrees 21 minutes 12 seconds West
(North 76 degrees 22 minutes 45 seconds West) 400.36 ft. (400.50
ft.) a concrete highway monument found for the West corner of said
10.30 acres in the North line of State Highway No. 71 (State of
Texas, Tract 2, 111/640 B.C.D.R.),
Thence continuing with the North line of said State Highway
No. 71, North 74 degrees 29 minutes 20 seconds West (North 73
degrees 31 minutes West) at 940.39 ft. passing a concrete highway
monument found and in all a total distance of 942.77 ft. (942.4 ft.)
a 5/8 inch steel stake found therein for the Southeast corner of
that certain portion of 246.6 acres conveyed to Hugo Hohernberger
and Bertha C. Hohernberger, Homestead Designation recorded in
Volume 139, Page 578 of the Burnet County Deed Records, from which
point a concrete highway monument found bears North 74 degrees 28
minutes 35 seconds West 2307.26 ft.,
Thence leaving the North line of said State Highway No. 71,
with the East line of said 246.6 acres, North 01 degrees 39 minutes
30 seconds West (North 00 degrees 48 minutes West) 3200.25 ft.
(3200.5 ft.) a fence post found for the Northeast corner of same,
Thence with the North line of said 246.6 acres with fence
posts found, South 86 degrees 36 minutes 52 seconds West (West)
408.02 ft. (509.0 ft.), South 77 degrees 44 minutes 11 seconds West
(South 79 degrees 25 minutes West) 200.78 ft. (257.0 ft.), South 60
degrees 19 minutes 06 seconds West 106.41 ft., and South 35 degrees
07 minutes 05 seconds West (South 36 degrees 49 minutes West) 243.44
ft. (242.1 ft.) a fence post found therein, for the most Easterly
Southeast corner of that certain Tract No. 2, 460.869 acres
described in a certificate of release of Federal Estate Tax Lien,
recorded in Volume 712, Page 730 Official Public Records of Burnet
County, Texas, ref: Volume 168, Page 397 Burnet County Deed
Records, from which point a gate post found bears South 35 degrees
07 minutes 05 seconds West (South 36 degrees 49 minutes West) 29.85
ft. (31.7 ft.),
Thence with the East line of said 460.869 acres, North 01
degrees 35 minutes 40 seconds West (North 00 degrees 09 minutes
East) 2739.44 ft. (2736.9 ft.) a fence post found for the Northeast
corner of same, in the South line of that certain remnant of 590
acres conveyed to H.R. Anderson recorded in Volume 80, Page 593 of
the Burnet County Deed Records,
Thence with the South line of said 590 acres, North 87 degrees
30 minutes 27 seconds East (North 89 degrees 13 minutes East) 636.59
ft. (632.5 ft.) a ½ inch steel stake found for the Southeast corner
of said 590 acres and the Southwest corner of that certain 67.23
acres conveyed to Jane Benedum recorded in Volume 481, Page 837 of
the Burnet County Deed of Records,
Thence with the South line of said 67.23 acres, South 86
degrees 22 minutes 03 seconds East (South 84 degrees 33 minutes
East) 203.24 ft. (206.5 ft.) a ½ inch steel stake found for the
Southeast corner of said 67.23 acres,
Thence with the East line of said 67.23 acres and the East
line of that certain 17.47 acres conveyed to Jane Benedum recorded
in Volume 481, Page 833 of the Burnet County Deed Records, North 01
degrees 30 minutes 44 seconds West (North 00 degrees 16 minutes 45
seconds West) 1193.24 ft. (1193.35 ft.) a fence post found, North 01
degrees 49 minutes 14 seconds West (North 00 degrees 35 minutes 15
seconds West) 295.61 ft. (295.64 ft.) a computed point, North 01
degrees 43 minutes 19 seconds West (North 00 degrees 29 minutes 20
seconds West) 2305.18 ft. (2305.40 ft.) a ½ inch steel stake found,
North 01 degrees 34 minutes 39 seconds West (North 00 degrees 20
minutes 40 seconds West) 1140.92 ft. (1140.68 ft.) a ½ inch steel
stake found and North 01 degrees 40 minutes 49 seconds West (North
00 degrees 26 minutes 50 seconds West) 374.06 ft., a computed point
therein for the Southwest corner of that certain 29.99 acres
described as 30.000 acres conveyed to the Alexandria Schieffer
Husted, Harry Husted, Nancy Nelsen and Tom L. Nelsen recorded in
Volume 470, Page 189 of the Burnet County Deed Records, from which
point a ½ inch steel stake found bears North 89 degrees 58 minutes
37 seconds East 0.31 ft.,
Thence with the South line of said 30.000 acres North 89
degrees 58 minutes 37 seconds East (North 89 degrees 09 minutes 14
seconds East) 1338.48 ft. a ½ inch steel stake found for the
Southeast corner of said 30.000 acres,
Thence with the East line of said 30.000 acres North 01
degrees 45 minutes 47 seconds West (North 00 degrees 51 minutes 11
seconds West) 1485.96 ft. (1485.45 ft.) a computed point for the
Northeast corner of said 30.000 acres in the South line of said
Channel Oaks Subdivision, from which computed point a ½ inch steel
stake found bears North 01 degrees 45 minutes 47 seconds West 3.25
ft.,
Thence with the South line of said Channel Oaks Subdivision,
North 88 degrees 15 minutes 43 seconds East (East) 800.60 ft. a ½
inch steel stake set with plastic surveyor cap stamped R.P.L.S. No.
1877, North 88 degrees 38 minutes 31 seconds East (South 89 degrees
45 minutes East) 454.17 ft. (454.4 ft.) a ½ inch steel stake found,
North 87 degrees 53 minutes 19 seconds East (North 89 degrees 33
minutes East) 407.13 ft. (406.9 ft.) a ½ inch steel stake found and
North 88 degrees 01 minutes 57 seconds East (North 89 degrees 54
minutes East) 695.86 ft. (696 ft.) to the place of beginning;
(b) TRACT TWO, being 0.75 acre out of the Guadalupe Flores
Survey No. 7, abstract No. 304 of Burnet County, Texas, and being
those certain Lot Nos. 1 and 2 and a portion of 3 of Channel Oaks,
Section II, the plat of which is recorded in Volume 1, Page 230 of
the Burnet County Plat Records, and being that same tract conveyed
to Alexandria Husted, recorded in Volume 470, Page 189 of the Burnet
County Deed Records, and being more particularly described as
follows:
Beginning at a ½ inch steel stake set with plastic surveyor
cap stamped R.P.L.S. No. 1877 in the South line of R. M. Highway No.
2147 for the Northwest corner of said Lot No. 1 and the Northwest
corner of said Husted Tract, and the Northeast corner of that
certain 17.47 acres conveyed to the Jane Benedum recorded in Volume
481, Page 833 of the Burnet County Deed Records, from which point a
concrete highway monument found bears, South 74 degrees 04 minutes
09 seconds West (South 74 degrees 53 minutes West) 241.68 ft.
(241.95 ft.),
Thence with the South line of said R. M. Highway No. 2147 and
the North line of said Lot Nos. 1, 2 and 3, North 74 degrees 04
minutes 09 seconds East (North 74 degrees 53 minutes East) 500.60
ft. a ½ inch steel stake found for the Northeast corner of said
Husted Tract and the Northwest corner of that certain 0.655 acre
recorded in Volume 428, Page 795 of the Burnet County Deed Records,
from which ½ inch steel stake found a concrete highway monument
found bears North 74 degrees 04 minutes 09 seconds East (North 74
degrees 53 minutes East) 245.99 ft.,
Thence with the West line of said 0.655 acre and the East line
of said Husted Tract, South 01 degrees 55 minutes 13 seconds East
(South 00 degrees 54 minutes 46 seconds East) 128.65 ft. (129.12
ft.) a ½ inch steel stake set with plastic surveyor cap stamped
R.P.L.S. NO. 1877, for the Southwest corner of said 0.655 acre, the
Southeast corner of said Husted Tract and the Northwest corner of
that certain 15.00 acres conveyed to Joe David Offield and Bena Jane
Offield recorded in Volume 428, Page 792 of the Burnet County Deed
Records,
Thence with the South line of said Lot Nos. 1, 2 and 3 and the
South line of said Husted Tract, South 88 degrees 15 minutes 43
seconds West (West) 485.73 ft. a ½ inch steel stake set in the East
line of said 17.47 acres for the Southwest corner of said Lot No. 1
and the Southwest corner of said Husted Tract,
Thence with the East line of said 17.47 acres, the West line
of said Lot No. 1 and the West line of said Husted Tract, North 01
degrees 40 minutes 49 seconds West (North 00 degrees 26 minutes 50
seconds West) 5.91 ft. (6.7 ft.) to the place of beginning;
(c) TRACT THREE, being 29.99 acres out of the Guadalupe
Flores Survey No. 7, Abstract No. 304 and being that same tract
described as 30.000 acres conveyed to Alexandria Schieffer Husted,
Harry Husted, Nancy Nelsen, and Tom L. Nelsen recorded in Volume
470, Page 189 of the Burnet County Deed Records, Burnet County,
Texas, and being more particularly described as follows:
Beginning at a ½ inch steel stake set with plastic surveyor
cap stamped R.P.L.S. No. 1877 for the Southwest corner of that
certain Lot No. 1 of said Channel Oaks Subdivision and being the
Southwest corner of that same Tract No. One conveyed to Alexandria
Husted recorded in Volume 470, Page 189 and being the Northwest
corner of said 30.000 acres,
Thence with the South line of said Lot No. 1, Lot No. 2, and
Lot No. 3 of said Channel Oaks Subdivision North 88 degrees 15
minutes 43 seconds East (East) 485.73 ft. (485.26 ft.) a ½ inch
steel stake set with plastic surveyor cap stamped R.P.L.S. No. 1877
for the Southwest corner of that certain 0.655 acre recorded in
Volume 428, Page 795 of the Burnet County Deed Records, the
Southeast corner of said Husted Tract and the Northwest corner of
that certain 15.00 acres conveyed to Joe David Offield and Ben Jane
Offield recorded in Volume 428, Page 792 of the Burnet County Deed
records,
Thence with the West line of said 15.00 acres, South 15
degrees 59 minutes 48 seconds West (South 16 degrees 51 minutes 35
seconds West) 1416.16 ft. (1415.45 ft.) a ½ inch steel stake set
with plastic surveyor cap stamped R.P.L.S. No. 1877, for the
Southwest corner of said 15.00 acres,
Thence with the South line of said 15.00 acres, North 89
degrees 58 minutes 59 seconds East (South 89 degrees 09 minutes 14
seconds East) 774.85 ft. a fence post found for the Southeast corner
of said 15.00 acres,
Thence with the East line of said 15.00 acres, North 34
degrees 12 minutes 02 seconds West (North 33 degrees 18 minutes 51
seconds West) 150.00 ft. a ½ inch steel stake set with plastic
surveyor cap stamped R.P.L.S. No. 1877, North 09 degrees 45 minutes
18 seconds West (North 08 degrees 53 minutes 31 seconds West) 287.58
ft. a ½ inch steel stake found, North 12 degrees 02 minutes 56
seconds East (North 12 degrees 54 minutes 43 seconds East) 110.67
ft. a ½ inch steel stake found, North 17 degrees 58 minutes 49
seconds East (North 18 degrees 50 minutes 36 seconds East) 174.95
ft. a ½ inch steel stake set with plastic surveyor cap stamped
R.P.L.S. No. 1877, North 11 degrees 27 minutes 22 seconds West
(North 10 degrees 35 minutes 35 seconds West) 200.30 ft. a ½ inch
steel stake found, North 06 degrees 29 minutes 51 seconds East
(North 07 degrees 21 minutes 38 seconds East) 203.51 ft. a fence
post found and North 27 degrees 47 minutes 32 seconds West (North 26
degrees 55 minutes 46 seconds West) 322.56 ft. (321.10 ft.) a ½ inch
steel stake set with plastic surveyor cap stamped R.P.L.S. No. 1877
for the Northeast corner of said 15.00 acres in the South line of
said Channel Oaks Subdivision,
Thence with the South line of said Channel Oaks Subdivision
and the North line of said 30.000 acres, North 88 degrees 15 minutes
43 seconds East (East) 688.47 ft. a computed point therein for the
Northeast corner of said 30.000 acres,
Thence with the East line of said 30.000 acres South 01
degrees 45 minutes 47 seconds East (South 00 degrees 51 minutes 11
seconds East) 1485.96 (1485.45 ft.) a ½ inch steel stake found for
the Southeast corner of said 30.000 acres,
Thence with the South line of said 30.000 acres, South 89
degrees 58 minutes 37 seconds West (South 89 degrees 09 minutes 14
seconds West) 1338.48 ft. (1338.17 ft.) a computed point in the East
line of that certain 17.47 acres conveyed to Jane Benedum recorded
in Volume 481, Page 833 of the Burnet County Deed Records, for the
Southwest corner of said 30.00 acres, from which point a ½ inch
steel stake found bears North 89 degrees 58 minutes 37 seconds East
0.31 ft.,
Thence with the East line of said 17.47 acres and the West
line of said 30.000 acres, North 01 degrees 40 minutes 49 seconds
West (North 00 degrees 28 minutes 50 seconds West) 1445.91 ft.
(1445.58 ft.) to the place of beginning; and
(d) TRACT FOUR, being 0.02 acres out of the Guadalupe Flores
Survey No. 7, abstract No. 304 and being a portion of that certain
Reminder of 1095.093 acres conveyed to Josephine Schieffer recorded
in Volume 168, Page 389 of the Burnet County Deed Records, and being
more particularly described as follows:
Beginning at a ½ inch steel stake set with plastic surveyor
cap stamped R.P.L.S. No. 1877 at the intersection of the South line
of said Old Highway No. 108 (Burnet County 77/275 B.C.D.R.) and the
West line of U.S. Highway No. 281 (State of Texas 120/632 B.C.D.R.),
being the Southeast corner of said 1095.093 acres, from which point
a brass highway monument found bears North 23 degrees 21 minutes 41
seconds East (North 24 degrees 21 minutes East) 492.85 ft., and from
which beginning point a ½ inch steel stake found bears South 01
degrees 40 minutes 05 seconds East 0.65 ft.,
Thence with the West line of said U.S. Highway No. 281, South
23 degrees 21 minutes 41 seconds West (South 24 degrees 21 minutes
West) 54.26 ft. a ½ inch steel stake set with plastic surveyor cap
stamped R.P.L.S. No. 1877, in the West line of said U.S. Highway No.
281 and the East line of said Old Highway No. 108,
Thence with the East line of said Old Highway No. 108, North
09 degrees 58 minutes 34 seconds East (North 11 degrees 00 minutes
East) 113.74 ft. a ½ inch steel stake set with plastic surveyor cap
stamped R.P.L.S. No. 1877 at the intersection of the South line of
said Old Highway No. 108 and the East line of said 1095.093 acres,
from which point the most Easterly Southeast corner of TRACT ONE
herein bears North 01 degrees 40 minutes 05 seconds West 495.45 ft.,
Thence with the East line of said 1095.093 acres, South 01
degrees 40 minutes 05 seconds East (South 00 degrees 45 minutes
East) 62.23 ft. to the place 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 the constitution and other laws of this state.
(b) 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 hereby certify that S.B. No. 1821 passed the Senate on
May 4, 2005, by the following vote: Yeas 30, Nays 0; and that the
Senate concurred in House amendment on May 27, 2005, by the
following vote: Yeas 29, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1821 passed the House, with
amendment, on May 25, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor