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By: Ogden S.B. No. 1887
(In the Senate - Filed April 28, 2005; April 29, 2005, read
first time and referred to Committee on Intergovernmental
Relations; May 4, 2005, reported favorably by the following vote:
Yeas 5, Nays 0; May 4, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Williamson County Municipal Utility
District No. 22; providing authority to impose a tax and issue
bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8135 to read as follows:
CHAPTER 8135. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 22
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8135.001. 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. 22.
Sec. 8135.002. NATURE OF DISTRICT. The district is a
municipal utility district in Williamson County created under and
essential to accomplish the purposes of Sections 52 and 52-a,
Article III, Texas Constitution, and Section 59, Article XVI, Texas
Constitution.
Sec. 8135.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8135.022 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
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, 2010.
Sec. 8135.004. 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; or
(3) the legality or operation of the district or the
board.
[Sections 8135.005-8135.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8135.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Doug Snyder;
(2) Kyle Spears;
(3) Samantha Brown;
(4) Kenny Mire; and
(5) Gary Fischer.
(b) Temporary directors of the district are not required to
own land in or be residents of 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
8135.022; or
(2) the date this chapter expires under Section
8135.003.
Sec. 8135.022. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect five initial
directors as provided by Section 49.102, Water Code.
(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. 8135.023. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8135.022 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8135.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8135.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8135.025-8135.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8135.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8135.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8135.053-8135.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8135.101. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 30, 49, and 54, Water
Code, applicable to municipal utility districts created under
Section 59, Article XVI, Texas Constitution.
Sec. 8135.102. MUNICIPAL MANAGEMENT DISTRICT POWERS. The
district has the powers and duties provided by the general law of
this state, including Chapter 375, Local Government Code,
applicable to municipal management districts.
Sec. 8135.103. COUNTY DEVELOPMENT DISTRICT POWERS. The
district has the powers and duties provided by the general law of
this state, including Chapter 383, Local Government Code,
applicable to county development districts.
Sec. 8135.104. COMPLIANCE WITH MUNICIPAL ORDINANCES. The
district is subject to the requirements of municipal ordinances of
the City of Hutto that apply to areas within the extraterritorial
jurisdiction of the City of Hutto, unless the municipality's
governing body waives compliance.
[Sections 8135.105-8135.150 reserved for expansion]
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8135.151. DIVISION OF DISTRICT; REQUIREMENTS.
(a) Subject to the approval of the City of Hutto, at any time
before the district issues indebtedness secured by taxes or net
revenues, the district, including any annexed territory, may be
divided into two or more new districts.
(b) A new district created by division of the district must
be at least 100 acres.
(c) The board by resolution may declare an intent to divide
the district. The resolution must:
(1) set the terms of the division, including a plan for
the payment or performance of any outstanding district obligations;
and
(2) contain a metes and bounds description for each
new district.
Sec. 8135.152. DISTRICT DIVISION BY ELECTION. (a) The
board shall hold an election in the district to determine whether
the district should be divided as proposed under Section 8135.151.
(b) The board shall give notice of the election not later
than the 20th day before the date of the election. The notice must
state:
(1) the date and location of the election; and
(2) the proposition to be voted on.
(c) If a majority of the votes are cast in favor of the
division, the district is divided.
(d) If less than a majority of the votes are cast in favor of
the division, the district may not be divided.
(e) The resulting new districts are separate districts and
shall be governed as separate districts.
Sec. 8135.153. NOTICE OF DIVISION. Not later than the 30th
day after the date of a division under this subchapter, the district
shall provide written notice of the plan for division to:
(1) the Texas Commission on Environmental Quality;
(2) the attorney general;
(3) the commissioners court of each county in which a
new district is located; and
(4) each municipality having extraterritorial
jurisdiction over territory in a new district.
Sec. 8135.154. DISTRICT NAMES FOLLOWING DIVISION. The
resulting new districts are assigned consecutive letters to be
appended to the name of the original district.
Sec. 8135.155. ELECTION OF DIRECTORS OF NEW DISTRICTS.
(a) Not later than the 90th day after the date of an election in
favor of the division of the district, the board shall:
(1) appoint itself as the board of one of the new
districts; and
(2) appoint five directors for each of the other new
districts.
(b) A director appointed under Subsection (a)(1) serves the
term to which that director was elected in the original district. A
director appointed under Subsection (a)(2):
(1) serves until the election for directors under
Subsection (c); and
(2) is not required to own land in or reside in the
district for which the director is appointed.
(c) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, an election shall be held to elect five directors in each
district for which directors were appointed under Subsection
(a)(2). Of the five directors elected in each district, the three
directors receiving the greatest number of votes shall serve until
the second regularly scheduled election of directors under
Subsection (d), and the remaining two directors shall serve until
the first regularly scheduled election of directors.
(d) Except as provided by Subsection (c), directors serve
staggered four-year terms. On the uniform election date in May of
each even-numbered year, the appropriate number of directors shall
be elected.
Sec. 8135.156. CONTINUING POWERS AND OBLIGATIONS OF NEW
DISTRICTS. (a) Each new district may incur and pay debts and has
all powers of the original district created by this chapter.
(b) If the district is divided as provided by this
subchapter, the current obligations and any bond authorizations of
the district are not impaired. Debts shall be paid by revenues or
by taxes or assessments imposed on real property in the district as
if the district had not been divided or by contributions from each
new district as stated in the terms set by the board in the plan for
division.
(c) Any other district obligation shall be divided pro rata
among the new districts on an acreage basis or on other terms that
are satisfactory to the new districts.
Sec. 8135.157. CONTRACT AUTHORITY OF NEW DISTRICTS. The
new districts may contract with each other for:
(1) water and wastewater services; or
(2) any other matter the boards of the new districts
consider appropriate.
Sec. 8135.158. BOND ISSUANCE BY NEW DISTRICT. A new
district may issue bonds payable wholly or partially from ad
valorem taxes on the approval of a majority of the residents voting
in an election called and held for that purpose.
Sec. 8135.159. MAINTENANCE TAX APPROVAL FOR NEW DISTRICT.
A new district may impose a maintenance tax on the approval of a
majority of the residents voting in an election called and held for
that purpose.
SECTION 2. The Williamson County Municipal Utility District
No. 22 initially includes the territory contained within the
following area:
The boundaries of the district consist of approximately 424.3675
acres of land, more or less, being approximately 490.72 acres of
land, more or less as described in Exhibit A attached hereto and
incorporated herein by reference for all intents and purposes save
and except approximately 66.3525 acres of land, more or less, in
three tracts of land described in Exhibit B attached hereto and incorporated herein by reference for all intents and purposes.
"EXHIBIT A"
TRACT I:
First Tract:
BEGINNING AT A ST.MD. IN THE S. LINE OF THE MCNUTT
LEAGUE BEING THE S.W. CORNER OF A TRACT OF 250 ACRES OF
LAND DEEDED TO H.M. MCNUTT BY MARY MCNUTT;
THENCE EAST 915 VRS. TO THE S.W. CORNER OF THE A.S.
WALKER TRACT;
THENCE NORTH WITH WEST LINE OF SAID A.S. WALKER TRACT
TO THE S. EDGE OF THE TIMBER;
THENCE WEST WITH THE MEANDERS OF SAID TIMBER TO THE
EAST LINE OF A TRACT OF LAND SOLD BY H.M. NCNUTT TO BEN
SNYDER;
THENCE NORTH WITH THE SAID E. LINE OF THE SNYDER TRACT
339 VRS. A. STONE MD.;
THENCE WEST 290 BRS. TO A SMALL SPANISH OAK FOR A
CORNER;
THENCE WITH THE MEANDERS OF A BANK OR BLUFF TO A STAKE
IN THE WEST LINE OF THE AFORESAID 250 ACRE TRACT, FROM
WHICH A SPANISH OAK BRS. S.50 W 5 VRS.
THENCE SOUTH 800 VRS. TO THE PLACE OF BEGINNING.
Second Tract:
BEGINNING AT THE S.W. CORNER OF THE WALKER TRACT;
THENCE NORTH 373 VRS.;
THENCE EAST 29 1/2 VRS.;
THENCE SOUTH 373 VRS;
THENCE WEST 29 1/2 VRS. TO THE BEGINNING.
Third Tract:
BEGINNING IN THE CENTER OF BRUSHY CREEK, ON THE A.S.
WALKER WEST LINE;
THENCE SOUTH WITH SAID WALKER'S LINE 300 VRS;
THENCE NORTH 45 W 143 VRS;
THENCE NORTH 3 EAST 260 VRS. TO THE CENTER OF SAID
BRUSHY CREEK;
THENCE DOWN SAID CREEK WITH ITS MEANDERS TO THE PLACE
OF BEGINNING.
AS TO TRACT I, THE THREE TRACTS CONTAIN 75-ACRES, MORE
OR LESS, AND BEING THE SAME LAND CONVEYED BY W.R. RAY
AND WIFE, NANNIE BELLE RAY TO BEN BURSON ON DECEMBER
26, 1907, BY DEED RECORDED IN VOL. 127, PAGE 372, DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS.
TRACT II:
BEGINNING AT THE S.E. CORNER OF THE TRACT OWNED BY
BURSON FOR S.W. CORNER HEREOF;
THENCE EAST WITH THE SOUTH LINE OF R. MCNUTT SURVEY
108.7 VRS., A POST FOR S.E. CORNER HEREOF;
THENCE NORTH 3 EAST 894.3 VRS. TO A STONE IN THE GROUND
FOR THE N.E. CORNER HEREOF, AND ON THE SOUTH MARGIN OF
A PUBLIC ROAD;
THENCE NORTH 71-1/4 WEST 191-1/2 VRS. TO THE N.E.
CORNER OF SAID BURSON TRACT;
THENCE WITH SAID BURSON EAST LINE ABOUT DUE SOUTH
565-1/5 VRS. TO A POST;
THENCE SOUTH 60-3/4 EAST 34-1/5 VRS. A POST FOR CORNER;
THENCE SOUTH 368-3/4 VRS. TO THE PLACE OF BEGINNING AND
CONTAINING 24-1/10 ACRES OF LAND, AND BEING THE SAME
LAND CONVEYED BY H. TIMMERMAN TO BEN BURSON ON NOVEMBER
27, 1912, BY DEED RECORDED IN VOL. 155, PAGE 159, DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS.
TRACT III:
BEING A PORTION OF THE ROBERT MCNUTT LEAGUE AND OFF OF
AND ENTIRELY ACROSS THE EAST SIDE OF A TRACT OF LAND
94.89 ACRES, CONVEYED TO JOE D. CRAWFORD BY H.
TIMMERMANN BY DEED DATED JANUARY 1, 1910, AND RECORDED
IN VOL. 138, PAGE 287, DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE S.E. CORNER OF SAID 94.89 ACRE TRACT,
SAME BEING THE S.E. CORNER OF THIS TRACT;
THENCE NORTH WITH FENCE FOR EAST LINE 722 VRS. TO THE
N.E. CORNER OF SAID 94.89 ACRE TRACT, ALSO THE N.E.
CORNER OF THIS TRACT;
THENCE WEST WITH FENCE 120 VRS. TO AN IRON ROD IN
GROUND FOR N.W. CORNER OF THIS TRACT;
THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID 94.89
ACRE TRACT FOR S.W. CORNER OF THIS TRACT;
THENCE EAST 120 VRS. WITH FENCE TO THE PLACE OF
BEGINNING AND CONTAINING 15.34 ACRES OF LAND, AND
BEING THE SAME TRACT CONVEYED BY J.D. CRAWFORD AND WIFE
JULIA CRAWFORD, TO BEN BURSON BY DEED DATED NOVEMBER 7,
1912, RECORDED IN VOL. 155, PAGE 156, DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS.
TRACT IV:
First Tract:
ABOUT 4 ACRES OF LAND OFF OF THE SOUTH END OF A TRACT OF
99-1/4 ACRES OUT OF THE ROBERT MCNUTT LEAGUE,
DESCRIBED AS SIXTH TRACT IN DEED FROM B.L. RAY AND
WIFE, TO ED M. DOWNING, DATED THE 23RD DAY OF OCTOBER,
1929, AND RECORDED IN VOL. 244, PAGE 520, DEED RECORDS
OF WILLIAMSON COUNTY, TEXAS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE S.W. CORNER OF SAID 99-1/4 ACRE TRACT
FOR THE S.W. CORNER HEREOF;
THENCE NORTH 3 EAST ABOUT 300 VRS. TO POINT IN SOUTH
LINE OF PUBLIC ROAD, FOR N.W. CORNER HEREOF;
THENCE IN AN EASTERLY DIRECTION WITH THE SOUTH LINE OF
SAID ROAD TO POINT WHERE THE SAID SOUTHLINE CROSSES THE
EASTLINE OF THE 99-1/4 ACRE TRACT FOR N.E. CORNER
HEREOF;
THENCE SOUTH WITH THE EAST LINE OF SAID 99-1/4 ACRE
TRACT TO THE S.E. CORNER OF SAME IN CENTER OF CHANNEL
OF BRUSHY CREEK;
THENCE UP SAID CREEK WITH ITS MEANDERS TO THE PLACE OF
BEGINNING, AND CONTAINING 4 ACRES OF LAND, MORE OR
LESS.
Second Tract:
BEING DESCRIBED AS SEVENTH TRACT IN THE DEED NEXT ABOVE
MENTIONED, AND DESCRIBED AS FOLLOWS: A TRACT OF
TIMBERED LAND ON THE SOUTH SIDE OF BRUSHY CREEK;
BEGINNING AT THE S.W. CORNER OF SHERMAN'S WOODLAND
TRACT, RUNNING SOUTH 245 VRS. TO ST.MD ON WEST RUBLE'S
LINE;
THENCE EAST WITH SAID LANE TO THE EAST LINE OF SURVEY
SOLD BY JAMES WILLIAMS TO H.M. MCNUTT;
THENCE NORTH WITH SAID LINE TO BRUSHY CREEK ON
SHERMAN'S LINE;
THENCE WEST TO THE PLACE OF BEGINNING, SUPPOSED TO
CONTAIN 3 ACRES OF LAND, BEING THE SAME LAND DESCRIBED
IN DEED FROM ED M. DOWNING TO BEN BURSON, DATED JANUARY
23, 1931, RECORDED IN VOL. 255, PAGE 558, DEED RECORDS
OF WILLIAMSON COUNTY, TEXAS
THE FIRST AND SECOND TRACT OF TRACT IV BEING THE
SEPARATE PROPERTY OF ALMA MARSHALL, AND SET ASIDE TO
HER IN A PARTITION DEED DATED FEBRUARY 4, 1943, AND
RECORDED IN VOL. 315, PAGE 399, DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND REFERENCE IS MADE TO
SAID DEED FOR A FULL DESCRIPTION OF THE SAME.
TRACTS I, II, III AND IV ABOVE DESCRIBED BEING THE SAME LANDS
DESCRIBED IN A DEED DATED MAY 9, 1955, FROM OSCAR MARSHALL AND WIFE,
ALMA MARSHALL, TO R.R. KAY, AND RECORDED IN VOL. 405, PAGE 235 OF
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, TO WHICH REFERENCE IS
HERE MADE FOR ALL PURPOSES.
TRACT V:
BEGINNING AT THE S.E. CORNER OF BURSON'S TRACT OF LAND,
A POST ON THE R. MCNUTT SOUTH LINE, AND NORTH LINE OF
THE JAMES H. NEILY SURVEY;
THENCE EAST 108.7 VRS. A CEDAR POST FOR CORNER;
THENCE SOUTH 3 WEST 367-1/2 VRS. A CEDAR POST FOR
CORNER;
THENCE SOUTH 50-25 WEST 340.7 VRS. A CEDAR POST FOR
CORNER;
THENCE SOUTH 80-1/3 WEST 764.7 VRS. A CEDAR POST ON
WEST LINE AND FLUGER'S EAST LINE;
THENCE NORTH 704-1/5 VRS. TO A POST FOR N.W. CORNER
HEREOF;
THENCE 927-1/5 VRS. TO THE PLACE OF BEGINNING, AND
CONTAINING 108.58 ACRES OF LAND OUT OF THE JAMES H.
NEILY SURVEY, PATENT NO. 644, VOL. 2.
TRACT VI:
BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE
DESCRIBED TRACT V;
THENCE NORTH 75 VRS. A POST FOR NORTHWEST CORNER
THEREOF;
THENCE EAST 226 VRS. TO POST FOR NORTHWEST CORNER;
THENCE SOUTH 75 VRS. A STONE ON NORTH LINE OF SAID
TRACT V;
THENCE WEST 226 VRS TO THE PLACE OF BEGINNING, AND
CONTAINING 3 ACRES OF LAND OUT OF THE R. MCNUTT SURVEY,
AND BEING THE SAME LAND CONVEYED TO OSCAR MARSHALL BY
H. TIMMERMANN, BY DEED DATED NOVEMBER 27, 1912,
RECORDED IN BOOK 179, PAGE 549 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS.
TRACTS V AND VI ABOVE DESCRIBED BEING THE SAME LANDS
DESCRIBED IN THAT CERTAIN DEED DATED MAY 9, 1955, FROM
OSCAR MARSHALL AND WIFE ALMA MARSHALL, TO R.R. KAY AND
RECORDED IN VOL. 405, PAGE 239 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, TO WHICH REFERENCE IS HERE
MADE FOR ALL PURPOSES.
TRACT VII:
THE FOLLOWING PROPERTY OUT OF THE ROBERT MCNUTT SURVEY
IN WILLIAMSON COUNTY, TEXAS, AS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST FENCE LINE OF A TRACT
OF 65 ACRES OF LAND IN SAID ROBERT MCNUTT SURVEY
HERETOFORE CONVEYED TO G.W. BOHLS ET AL AS "FIRST
TRACT" IN A DEED RECORDED IN VOL. 243, PAGE 315 OF THE
DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, WHICH SAID
POINT OF BEGINNING IS IN THE EAST LINE OF LAND NOW
OWNED BY R.R. KAY AND 14 FEET FROM THE S.E. CORNER OF
KAY AND THE S.W. CORNER OF SAID 65 ACRE
TRACT, WHICH SAID CORNERS ARE IN THE SOUTH LINE OF SAID
ROBERT MCNUTT SURVEY, AN IRON PIPE SET FOR THE S.W.
CORNER HEREOF;
THENCE NORTH 3 DEG. 20 MIN. EAST 887.04 VRS. (2464 FT.)
WITH THE FENCE ALONG SAID COMMON LINES, CROSSING
BRUSHY CREEK AT 2075 FT. TO AN IRON PIPE AT OR NEAR THE
N.E. CORNER OF SAID 65 ACRE-TRACT IN THE SOUTH LINE OF
AN OLD ROAD NOT USED FOR SOME YEARS, FOR THE N.W.
CORNER HEREOF;
THENCE SOUTH 77 DEG. 45 MIN. EAST, 201.6 VRS. (560 FT.)
TO A BEND IN THE ROAD LINE;
THENCE SOUTH 87 DEG. EAST, 252.0 VRS. (700 FT.) TO AN
IRON STAKE SET IN THE ROAD LINE FOR THE N.E. CORNER
HEREOF, SAME BEING THE N.E. CORNER OF SAID 65 ACRE
TRACT, ON OR NEAR THE EAST LINE OF SAID ROBERT MCNUTT
SURVEY;
THENCE SOUTH 10 DEG. WEST, 731.53 VRS. (2032 FT.) TO AN
IRON PIPE FOR THE S.E. CORNER HEREOF (AT 310 FT.)
CROSSED CENTER OF BRUSHY CREEK, AT 415 FT. SPRING
BRANCH, LEAVE SPRING BRANCH AT 555 FT., CROSS SPRING
BRANCH AT 1848 FT. AND AT 2032 FT. IN ALL THE S.E.
CORNER HEREOF);
THENCE NORTH 88 DEG. 40 MIN. WEST, AT 126.5 FT. PASSED
THROUGH A 9" ELM, AT 193 FT. CROSSED THE CENTER OF
SPRING BRANCH, AND AT 220.5 FT. IN ALL (79.38 VRS.) TO
A 5" ASH TREE MARKED "V" IN THE S.W. SIDE, 6' FROM THE
GROUND;
THENCE SOUTH 69 DEG. 20 MIN. WEST, 314.1 VRS. (872.5
FT.) TO THE PLACE OF BEGINNING, AND CONTAINING 56.48
ACRES OF LAND, AS SURVEYED BY W.F. FOREST, REGISTERED
PUBLIC SURVEYOR, #101, ON APRIL 6, 1957;
AND BEING THE SAME PROPERTY DESCRIBED IN THAT CERTAIN
DEED DATED APRIL 29, 1957, FROM THEO TIMMERMANN, ET AL,
TO R.R. KAY, RECORDED IN VOL. 485, PAGE 215 OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS TO WHICH REFERENCE
IS HERE MADE FOR ALL PURPOSES.
TRACTS VIII AND IX HEREIN DESCRIBED BEING A PART OF THE M.D. WALDING
SURVEY, ABSTRACT 675, IN WILLIAMSON COUNTY, TEXAS, AND BEING OFF
THE NORTH END OF A TRACT OF 301.6 ACRES OF LAND DESCRIBED IN DEED TO
WM. KLATTENHOFF, RECORDED IN VOL. 23, PAGE 591 OF THE DEED RECORDS
OF WILLIAMSON COUNTY, TEXAS, AND DESCRIBED AS FOLLOWS:
TRACT VIII:
BEGINNING AT THE N.W. CORNER OF THE TRACT 301.6 ACRES
DESCRIBED IN DEED TO W.M. KLATTENHOFF RECORDED IN VOL.
23, PAGE 591 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS, AND THE N.W. CORNER OF THE WALDING SURVEY, IN
THE EAST LINE OF THE MCNUTT SURVEY AND OF R.R. KAY'S
LAND, IN THE CENTER OF BRUSHY CREEK;
THENCE DOWN THE CENTER OF BRUSHY CREEK WITH ITS
MEANDERS AS FOLLOWS:
NORTH 71 EAST, 72.0 VRS.;
NORTH 50 DEG. 10 MIN. EAST, 140.4 VRS.;
NORTH 66 DEG. 10 MIN EAST, 151.2 VRS.;
NORTH 71 EAST, 180.0 VRS.;
NORTH 81 DEG. 30 MIN. EAST, 266.4 VRS; AND
SOUTH 86 DEG. 10 MIN. EAST, 196.92 VRS. TO THE N.E.
CORNER OF SAID 301.6 ACRE TRACT;
THENCE SOUTH 10 WEST, AT 15.84 VRS. SET AN IRON PIPE ON
THE BANK AND CONTINUING 104.4 VRS. IN ALL, SET AN IRON
STAKE IN THE CENTER OF AN OLD ABANDONED ROAD AT A
CORNER OF THE SAID 301.6 ACRE TRACT AND OF A TRACT
DESCRIBED IN A DEED TO WM. R. BRIGHT, RECORDED IN VOL.
338, PAGE 480 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS;
THENCE SOUTH 80 WEST, WITH THE CENTER OF SAID OLD ROAD,
181.08 VRS. TO AN IRON PIPE SET AT A BEND IN THE ROAD,
ANOTHER CORNER OF THE BRIGHT AND KLATTENHOFF TRACTS;
THENCE SOUTH 10 DEG. 20 MIN. WEST, WITH THE CENTER OF
THE OLD ROAD (46 FEET WIDE), 812.16 VRS. TO A POINT IN
THE WEST RIGHT-OF-WAY LINE OF PRESENT FARM ROAD #685;
THENCE SOUTH 27 DEG. 30 MIN. WEST WITH SAID WEST
RIGHT-OF-WAY, AT 600.12 VRS. PASS A CONCRETE ROW
MARKER, AND CONTINUING 841.97 VRS. IN ALL TO AN IRON
PIPE SET 3.8 FEET PAST A POINT IN LINE WITH THE CENTER
OF A SMALL BOX CULVERT, FOR THE S.E. CORNER HEREOF;
THENCE WEST 379.98 VRS. TO AN IRON PIPE SET IN A FENCE;
THENCE NORTH 9 DEG. 40 MIN. EAST, WITH THE FENCE, 108
VRS. TO AN IRON PIPE SET IN THE GROUND;
THENCE WEST 83.77 VRS. TO AN IRON STAKE SET AT A FENCE
CORNER, THE S.E. OF 35 ACRE TRACT OWNED BY TIMMERMAN &
BOHLS, THE N.E. CORNER OF A TRACT OF 200 ACRES OWNED BY
KLATTENHOFF;
THENCE NORTH 10 DEG. EAST, WITH A FENCE ALONG THE WEST
LINE OF SAID 301.6 ACRE TRACT ABOVE DESCRIBED, AND WITH
THE WEST LINE OF SAID WALDING SURVEY, AT ABOUT 600 VRS.
PASS THE N.E. CORNER OF THE JAMES N. NEILLY SURVEY AND
THE S.E. CORNER OF THE R. MCNUTT SURVEY, AT 715.88 VRS.
PASS THE S.E. CORNER OF THE R.R. KAY TRACT, AND
CONTAINING IN ALL 1334.52 VRS TO THE PLACE OF BEGINNING
AND CONTAINING 189.92 ACRES OF LAND.
TRACT IX:
BEGINNING AT A FENCE CORNER IN THE EAST RIGHT-OF-WAY
LINE OF FARM ROAD #685; THE S.E. CORNER OF TRACT VIII
ABOVE, BEARS NORTH 75 DEG. 05 MIN. WEST; 36.86 VRS AND
SOUTH 27 DEG. 30 MIN. WEST, 55.73 VRS., AN IRON PIPE
SET FOR THE S.W. CORNER OF THIS TRACT;
THENCE NORTH 27 DEG. 30 MIN. EAST, WITH THE
RIGHT-OF-WAY LINE, 574.74 VRS. TO A ROW MARKER FOR
CORNER;
THENCE SOUTH 59 DEG. 30 MIN. EAST, AT 20.12 VRS. PASS A
ROW MARKER IN THE WEST LINE OF AN OLD ABANDONED ROAD,
AND CONTINUING IN ALL, 28.62 VRS. TO THE CENTER OF SAID
ROAD; THENCE SOUTH 10 WEST WITH THE CENTER OF THE OLD
ROAD 555.12 VRS.;
THENCE NORTH 75 DEG. 05 MIN. WEST, AT 8 VRS. PASS A FENCE
CORNER IN THE WEST LINE OF SAID OLD ROAD (THE ROW MARKER IN THE WEST
LINE OF SAID OLD ROAD MENTIONED ABOVE BEARS NORTH 10 EAST 557.28
VRS.) WITH AN OLD FENCE, AND CONTINUING IN ALL 201.6 VRS. TO THE
PLACE OF BEGINNING AND CONTAINING 11.30 ACRES OF LAND, OF WHICH 0.8
ACRES IS IN THE OLD ROAD.
"EXHIBIT B"
DESCRIPTION FOR PARCEL 118
DESCRIPTION OF A 2,841,401 SQUARE FOOT, 65.230 ACRE,
TRACT OF LAND OUT OF THE N.D. WALLING SURVEY NO. 19,
ABSTRACT NO. 675 AND THE ROBERT MCNUTT SURVEY,
ABSTRACT NO. 422, WILLIAMSON COUNTY, TEXAS, BEING PART
OF A 189.92 ACRE TRACT (TRACT VIII), AND A PART OF A
56.48 ACRE TRACT (TRACT VII) BOTH DESCRIBED IN GENERAL
WARRANTY DEEDS DATED JUNE 1, 2000, TO KAY RANCH LIMITED
PARTNERSHIP RECORDED IN DOCUMENT NOS. 2000036589,
2000036590, 2000036591, 2000036592, AND 2000036593,
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS;
SAID 2,841, 401 SQUARE FOOT, 65.230 ACRE TRACT AS SHOWN
ON THE ACCOMPANYING PARCEL PLAT, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING for reference at a found 1/2-inch iron rod
at the southernmost southwest corner of said 189.92
acre tract, and an interior ell corner of a 48.8642
acre tract described in a Warranty Deed, dated April 4,
2003, to Tack Development, LTD., recorded in Document
No. 2003031850, Official Public Records of Williamson
County, Texas;
THENCE, N 87°36' 42" E, with the common line between
said 189.92 acre tract and said 48.8642 acre tract, a
distance of 546.75 feet to a set 1/2-inch iron rod with
TxDOT aluminum cap, on the proposed west right-of-way
line of S.H. 130, 327.77 feet right of proposed S.H.
130 baseline station 794+49.45, for the southwest
corner and the POINT OF BEGINNING of this tract;
THENCE, across said 189.92 acre tract with the
proposed west right-of-way line of S.H. 130, the
following four (4) courses:
1) N 01° 52 '37" W, a distance of 1249.76 feet to a set
1/2-inch iron rod with TxDOT aluminum cap (to be
replaced with a TxDOT Type II monument after
right-of-way acquisition is complete), at an angle
point of this tract;
2) N 03° 09' 00" W, a distance of 1353.15 feet to a set
1/2-inch iron rod with TxDOT aluminum cap (to be
replaced with a TxDOT Type II monument after
right-of-way acquisition is complete), at an angle
point of this tract;
3) S 86° 50' 57" W, a distance of 145.00 feet to set
1/2-inch iron rod with TxDOT aluminum cap (to be
replaced with a TxDOT Type II monument after
right-of-way acquisition is complete), at an angle
point of this tract;
4) N 03° 31' 10" W, at a distance of 1,500.00 feet pass
a set 1/2-inch iron rod with TxDOT aluminum cap (to be
replaced with a TxDOT Type II monument after
right-of-way acquisition is complete) on the proposed
west right-of-way line of S.H.130, in all a total
distance of 1691.73 feet to a set 1/2-inch iron rod
with TxDOT aluminum cap, 455.91 feet right of proposed
S.H. 130 baseline station 751+55.15, on the north line
of said 56.48 acre tract and the south line of a 155
acre tract referenced in a Final Divorce Decree dated
June 26, 1989, to Bobby J. Shepherd recorded in
Document No. 2000045213, Official Public Records of
Williamson County, Texas, for the northwest corner of
this tract;
5) THENCE, S 89° 00' 08" E, with the common line
between said 56.48 acre tract and said 155 acre tract,
a distance of 165.07 feet to a found 1/2-inch iron rod,
at the northeast corner of said 56.48 acre tract, a
southeast corner of said 155 acre tract and on the west
line of a 201.37 acre tract referenced in said Divorce
Decree to Linda K. Shepherd, of said Document No.
2000045213, and described in said Trustee's Deed of
said Volume 1399, Page 172;
6) THENCE, S 07° 40' 07" W, with the common line
between said 56.48 acre tract and said 201.37 acre
tract, a distance of 337.66 feet to a calculated point
at the northwest corner of said 189.92 acre tract and
the approximate centerline of Brushy Creek;
THENCE, with the north line of said 189.92 acre tract
and the approximate centerline of Brushy Creek the
following three (3) courses:
7) N 68° 40' 13" E, a distance of 200.05 feet to a
calculated point at an angle point of this tract;
8) N 47° 50' 13" E, a distance of 390.00 feet to a
calculated point at an angle point of this tract;
9) N 63° 50' 13" E, a distance of 192.16 feet to a
calculated point, on the proposed east right-of-way
line of S.H.130, 315.31 feet left of proposed S.H.130
baseline station 751+15.70, for the northeast corner
of this tract;
DESCRIPTION FOR PARCEL 119
DESCRIPTION OF A 4,201 SQUARE FOOT, 0.096 ACRE TRACT OF
LAND OUT OF THE N.D. WALLING SURVEY NO. 19, ABSTRACT
NO. 675, BEING A PART OF AN 11.30 ACRE TRACT DESCRIBED
AS TRACT IX IN A GENERAL WARRANTY DEED DATED MAY 8,
2000, TO KAY RANCH LIMITED PARTNERSHIP, RECORDED IN
DOCUMENT NO. 2000036593, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON, COUNTY, TEXAS; SAID 4,201 SQUARE FOOT,
0.096 ACRE TRACT AS SHOWN ON THE ACCOMPANYING PARCEL
PLAT, BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING for reference at a found 1/2-inch iron rod
at the southeast corner of said 11.30 acre tract on the
centerline of an old abandoned road;
THENCE, N 77° 48' 52" W, across said road with the south
line of said 11.30 acre tract, at a distance of 22.22
feet pass the west line of said road, at northeast
corner of a 51.06 acre tract of land described in a
General Warranty Deed dated August 7, 1987, to Carolyn
Pfeiffer, recorded in Volume 1571, Page 383, Official
Records of Williamson County, Texas, continuing with
the common line between said 11.30 acre tract and said
51.06 acre tract in all a total distance of 523.25 feet
to a set 1/2-inch iron rod with TxDOT aluminum cap
391.90 feet left of proposed S.H. 130 baseline station
793+58.40, on the proposed cast right-of way line of
S.H.130, for the southeast corner and the POINT OF
BEGINNING of this tract;
1) THENCE, N 77° 48' 52" W, continuing with the common
line between said 51.06 acre tract and said 11.30 acre
tract, at a distance of 36.99 feet pass a found
1/2-inch iron pipe, in all a total distance of 37.85
feet to a calculated point on the existing east
right-of-way line F.M. 685, a 100-foot right-of-way,
for the southwest corner of this tract;
2) THENCE, N 25° 04' 25" E, with the common line
between said 11.30 acre tract and said F.M. 685,
distance of 339.07 feet to a set 1/2-inch iron rod with
TxDOT aluminum cap (to be replaced with a TxDOT Type II
monument after right-of-way acquisition is complete),
515.76 feet left of proposed S.H.130 baseline station
790+49.63, on a curve of the proposed east
right-of-way line of said S.H.130, for the north
corner of this tract;
3) THENCE, along said curve to the left, having a
radius of 1500.00 feet, a central angle of 12° 44' 02",
a chord which bears S 18° 42' 25" W, 332.69 feet, and an
arc distance of 333.37 feet to the POINT OF BEGINNING,
containing 4,201 square feet, 0.096 acres of land,
more or less.
FIELD NOTE DESCRIPTION OF A TRACT OR PARCEL OF LAND
CONTAINING 1.0265 ACRES SITUATED IN THE JAMES H.
NEILEY SURVEY, ABSTRACT NUMBER 485, WILLIAMSON COUNTY,
TEXAS; BEING A PORTION OF A 108.58 ACRE TRACT DESCRIBED
AS "TRACT V", IN A DEED TO JOHN H. HUGGINS, SR.
RECORDED IN VOLUME 2338, PAGE 516 OF THE DEED RECORDS
OF WILLIAMSON COUNTY, TEXAS, AND IS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT 1" IRON PIPE FOUND FOR THE NORTHEAST
CORNER OF A 8.52 ACRE TRACT DESCRIBED AS THE "FIRST
TRACT" AND CONVEYED TO BRUSHY CREEK LTD. BY A DEED
RECORDED IN DOCUMENT NO. 9731656 OF THE "OFFICIAL
PUBLIC RECORDS" OF WILLIAMSON COUNTY, TEXAS, AND IS
THE SOUTHEAST CORNER OF A 56.48 ACRE TRACT DESCRIBED AS
"TRACT VII" AND CONVEYED TO JOHN H. HUGGINS, SR. IN
THE DEED MENTIONED ABOVE RECORDED IN VOLUME 2338, PAGE
516 OF THE SAID WILLIAMSON COUNTY DEED RECORDS;
THENCE, S88°10'33"W, WITH THE COMMON LINE BETWEEN THE
8.52 ACRE TRACT AND THE 56.48 ACRE TRACT, 221.32 FEET
TO A 10" WILLOW TREE (WITH EMBEDDED BARB WIRE FENCING);
THENCE, S68°02'17"W, CONTINUING WITH THE ABOVE SAID
COMMON LINE, 853.02 FEET TO A 1/2" IRON ROD FOUND WITH
A PLASTIC CAP (STAMPED "CAPITAL SURVEYING CO. INC.")
FOR THE COMMON WESTERN CORNER OF THE 8.52 ACRE TRACT
AND THE 56.48 ACRE TRACT, A NORTHERLY COMMON CORNER OF
A 35.00 ACRE TRACT DESCRIBED AS THE "SECOND TRACT" AND
CONVEYED TO BRUSHY CREEK LTD. BY THE DEED RECORDED IN
DOCUMENT NO. 9131656 MENTIONED ABOVE, AND THE 108.58
ACRE HUGGINS TRACT; AND IS THE SOUTHEAST CORNER OF A
24.1 ACRE TRACT DESCRIBED AS "TRACT II" IN THE DEED TO
JOHN HUGGINS, SR., AND RECORDED IN VOLUME 2338, PAGE
516 OF THE SAID DEED RECORDS;
THENCE, S00°45'28"W, WITH THE COMMON LINE BETWEEN THE
35 ACRE TRACT AND THE 108.58 ACRE TRACT, 83.38 FEET TO
A 1/2" IRON ROD SET WITH A PLASTIC CAP (STAMPED
"CAPITAL SURVEYING CO.INC."), FOR THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED 1.0265 ACRE TRACT;
THENCE, S00°45'28"W, CONTINUING WITH THE COMMON LINE
BETWEEN THE 108.58 ACRE TRACT AND THE 35 ACRE TRACT,
214.84 FEET TO A 1/2" IRON ROD SET WITH A PLASTIC CAP
(STAMPED "CAPITAL SURVEYING CO. INC,"), SAID IRON ROD
BEARS N00°45'28"e, 759.90 FEET FROM A FENCE CORNER POST
FOUND FOR AN ANGLE POINT IN THIS COMMON LINE;
THENCE, S83°50'26"W, LEAVING THE SAID COMMON LINE AND
CROSSING INTO THE 108.58 ACRE TRACT, 184.66 FEET TO A
1/2" IRON ROD SET WITH A PLASTIC CAP (STAMPED "CAPITAL
SURVEYING CO. INC."), FOR THE POINT OF CURVATURE OF A
CURVE TO THE RIGHT;
THENCE, CONTINUING ACROSS THE 108.58 ACRE TRACT WITH
THE SAID CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF
164°18'02", A RADIUS OF 75.00 FEET, A LONG CHORD OF
148.59 FEET (CHORD BEARS N14°15'39"W), FOR AN ARC
DISTANCE OF 215.07 FEET TO A 1/2" IRON ROD SET WITH A
PLASTIC CAP (STAMPED "CAPITAL SURVEYING CO. INC.);
THENCE, N67°53'21"E, 240.74 FEET TO THE POINT OF
BEGINNING, CONTAINING WITH THESE METES AND BOUND
1.0265 ACRES OF LAND AREA.
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.
* * * * *