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AN ACT
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relating to the creation of the Burnet County Municipal Utility |
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District No. 3; providing authority to impose a tax and issue bonds; |
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granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8315 to read as follows: |
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CHAPTER 8315. BURNET COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8315.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Burnet County Municipal |
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Utility District No. 3. |
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Sec. 8315.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8315.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8315.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 8315.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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(b) A municipality may not provide consent under Subsection |
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(a) until the municipality and the owner or owners of the territory |
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described by Section 2 of the Act creating this chapter have |
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executed an annexation agreement governing the municipality's |
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eventual annexation of the territory. The municipality may |
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incorporate any of the terms of the annexation agreement into the |
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ordinance or resolution described by Subsection (a). |
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Sec. 8315.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8315.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8315.007-8315.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8315.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8315.052, directors serve |
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staggered four-year terms. |
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Sec. 8315.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8315.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8315.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8315.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 8315.053-8315.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8315.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8315.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8315.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8315.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8315.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. (a) The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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(b) In addition to all the rights and remedies provided by |
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other law, if the district violates the terms of an ordinance or |
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resolution described by Subsection (a), the municipality is |
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entitled to injunctive relief or a writ of mandamus issued by a |
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court requiring the district and the district's officials to |
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observe and comply with the terms of the ordinance or resolution. |
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Sec. 8315.106. ANNEXATION OF DISTRICT BY MUNICIPALITY. (a) |
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A municipality may annex all or part of the territory of the |
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district or any new district created by the division of the district |
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only as provided by an annexation agreement described by Section |
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8315.004(b). |
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(b) A municipality is not required to annex any part of the |
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district's territory that is outside the corporate boundaries of |
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the municipality. |
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(c) A municipality is not required to assume control and |
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operation of the district or a new district created by division of |
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the district on annexation of all or part of the territory of the |
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district or new district, but the municipality may assume control |
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and operation of the district or a new district and dissolve the |
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district or new district if: |
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(1) the municipality has annexed all of the territory |
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of the district or new district; |
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(2) the water and wastewater facilities required to |
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serve at least 95 percent of the lots in the district or new |
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district, as set out by a final plat, have been completed; and |
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(3) the municipality has complied with the |
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requirements of Section 43.075, Local Government Code. |
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(d) Notwithstanding Section 54.016(f)(2), Water Code, a |
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contract between a municipality and the district or new district |
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that provides for the allocation of the taxes or revenues of the |
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district and the municipality following the date of inclusion of |
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all or part of the district's territory in the corporate limits of |
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the municipality, may provide that the total annual ad valorem |
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taxes collected by the municipality and the district from taxable |
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property in the district may exceed the city's ad valorem tax on the |
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property. |
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Sec. 8315.107. LIMITATION ON CREATION OF OTHER MUNICIPAL |
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UTILITY DISTRICTS. Before December 31, 2011, the Texas Commission |
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on Environmental Quality may not grant a petition under Chapter 54, |
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Water Code, to create a municipal utility district if the district |
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contains any territory described by Section 2 of the Act creating |
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this chapter. |
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Sec. 8315.108. LIMITATION ON ANNEXATION OF LAND BY |
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DISTRICT. (a) The district or any new district created by the |
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division of the district may not annex land unless: |
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(1) the owner or owners of the land have provided |
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written consent to the annexation; and |
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(2) the land is adjacent to the district or new |
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district. |
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(b) The district must complete an annexation authorized by |
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this section not later than the first anniversary of the date the |
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district or new district receives written consent from the owner or |
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owners of the land. |
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(c) An owner of land may revoke the owner's consent to |
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annexation before the annexation is completed by notifying the |
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district or new district in writing that the consent is revoked. |
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(d) For purposes of this section, a petition by an owner of |
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land for annexation to the district that meets the requirements of |
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Chapter 49, Water Code, satisfies the requirement of written |
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consent under Subsection (a). |
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Sec. 8315.109. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8315.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 8315.110. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8315.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district |
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or provide that the owner or owners of a majority of the assessed |
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value of the real property in each new district may submit a |
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petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as temporary directors the |
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five persons named in the petition; and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8315.003. A new district that is not confirmed is subject |
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to dissolution under general law. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8315.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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[Sections 8315.111-8315.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8315.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8315.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8315.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8315.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8315.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8315.154-8315.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8315.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8315.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8315.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Burnet County Municipal Utility District No. |
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3 initially includes all the territory contained in the following |
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area: |
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TRACT NO. 1 |
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BEING 144.14 acres of land out of the Arthur Luckey Survey No. 23 |
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Abstract No. 530 in Burnet County, Texas and being comprised of part |
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of that 147 acre tract conveyed to Troy Ben Fox in Vol. 1294 at Page |
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957 of the OFFICIAL PUBLIC RECORDS of Burnet County, Texas and part |
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of that 36.65 acre tract conveyed to Troy Ben Fox in Vol. 1294 at |
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Page 957 of the OFFICIAL PUBLIC RECORDS of Burnet County, Texas and |
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including Lot Nos. 18 through 30 in CIRCLE B ESTATES, Section 1, a |
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subdivision of record in Vol. 2 at Page 90 of the PLAT RECORDS of |
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Burnet County, Texas, said 144.14 acres being more particularly |
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described as follows: |
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BEGINNING at a reentrant corner of said 36.65 acre tract and the |
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Southwest corner of that 184.31 acre tract described in Release of |
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Lien to Troy Ben Fox as recorded in Vol. 1273 at Page 888 of the |
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OFFICIAL PUBLIC RECORDS of Burnet County, Texas for a Northwesterly |
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corner hereof; |
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THENCE N 64° 01' 47" E along the common boundary of said 184.31 acre |
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tract 2625.76 ft., to the Southeast corner of said 184.31 acre tract |
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and a westerly corner of that 131.606 acre tract described in Deed |
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to the City of Granite Shoals as recorded in Document No. 0803603 of |
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the OFFICIAL PUBLIC RECORDS of Burnet County, Texas in the easterly |
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boundary of said 147 acre tract, for the North corner hereof; |
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THENCE along the common boundary of said 147 acre tract and the City |
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of Granite Shoals tract; S 08° 37' 15" E 879.62 ft.; and S 29" 58' 45" |
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E 1827.53 ft. to the East corner of said 147 acre tract in the |
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northwesterly right-of-way line of Phillips Ranch Road, for the |
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East corner hereof; |
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THENCE along the common boundary of said 147 acre tract and said |
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Phillips Ranch Road in three (3) courses and distances as follows: |
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1) S 74° 08' 10" W 904.01 ft; |
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2) S 54° 20' 00" W 252.94 ft; and |
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3) S 26° 15' 29' W 595.49 ft., to the South corner of said 147 |
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acre tract and the northeasterly corner of SHERWOOD SHORES, Green |
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Castle Section a subdivision of record in Vol. 1 at Page 100 of the |
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PLAT RECORDS of Burnet County, Texas, for the South corner hereof; |
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THENCE N 59° 56' 30" W along the common boundary of said 147 acre |
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tract and said Green Castle Section 700.31 ft., to the Southeast |
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corner of that 0.180 acre tract described in Deed to Alan Kirby as |
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recorded in Vol. 902 at Page 35 of the OFFICIAL PUBIC RECORDS of |
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Burnet County, Texas; |
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THENCE along the common boundary of said 147 acre tract and said |
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0.180 acre tract in four (4) courses and distances as follows: |
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1) N 28° 05' 31" E 24.1 ft.; |
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2) N 57° 43' 29" W 79.85 ft.; |
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3) N 59° 59' 29" W 207.39 ft.; and |
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4) S 53° 57' 31" W 29.60 ft., to a point in the northerly |
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boundary of said Green Castle Section; |
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THENCE N 59° 56' 30" W along the common southerly boundary of said |
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147 acre tract and then said 36.65 acre tract and the northerly |
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boundary of said Green Castle Section at 651.16 ft., pass the common |
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southerly corner of said 147 acre tract and said 36.65 acre tract |
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and at 800.20 ft., in all to a southwesterly corner of said 36.65 |
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acre tract in the easterly line of Tempe Drive in said CIRCLE B |
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ESTATES, Section 1, for a southwesterly corner hereof; |
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THENCE with the westerly boundary of said 36.65 acre tract and the |
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easterly line of said Tempe Drive in twelve (12) courses and |
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distances as follows: |
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1) N 30° 03' 30" E 25.00 ft.; |
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2) along a curve to the left of radius 25.00 ft., central |
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angle 90° 00', arc distance 39.28 ft., and a long chord bearing N 14° |
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56' 30" W 35.36 ft.; |
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3) N 59° 56' 30" W 204.21 ft.; |
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4) along a curve to the right of radius 72.26 ft., central |
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angle 54° 27' 45", arc distance 68.69 ft., and a long chord bearing N |
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32° 42' 45" W 66.13 ft.; |
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5) N 05° 29' 00" W 144.06 ft.; |
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6) along a curve to the left of radius 1342.06, central |
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angle 05° 13' 00", arc distance 122.19 ft., and a long chord bearing |
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N 08° 05' 30" W 122.15 ft.; |
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7) N 10° 42' 00" W 184.66 ft.; |
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8) along a curve to the left of radius 259.41 ft., central |
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angle 28° 43' 00", arc distance 112.65 ft., and a long chord bearing |
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N 25° 03' 30" W 128.66 ft.; |
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9) N 39° 25; 00" W 229.20 ft.; |
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10) along a curve to the right of radius 424.18 ft., central |
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angle 15° 12' 58", arc distance 112.65 ft., and a long chord bearing |
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N 31° 48' 30" W 112.32 ft.; |
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11) N 24° 12' 00" W 116.34 ft., and |
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12) along a curve to the right of radius 89.81 ft., central |
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angle 47° 04', arc distance 73.78, and a long chord bearing N 00° 40' |
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00" W 71.72 ft., to the termination of Tempe Drive; |
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THENCE continuing with the common boundary of said 36.65 acre |
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tract: N 31° 08' 12" E 29.13 ft.; and N 36° 21' 47" E 97.54 ft., to the |
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Place of BEGINNING hereof and containing 144.14 acres of land. |
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TRACT NO. 2 |
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BEING 184.31 acres of land in Burnet County, Texas comprised of |
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approximately 22.76 acres out of the John Harvey Survey No. 24, |
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Abstract No. 400 and 161.55 acres out of the Arthur Luckey Survey |
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No. 23, Abstract No. 530 and being comprised of portions of the |
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following deeded tracts: |
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1) TRACT NO. ONE of 338.19 acres conveyed from H.A. Barnett, |
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et ux to C.A. Barnett as recorded in Vol. 135 at Page 644 et seq. of |
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the DEED RECORDS of Burnet County, Texas; |
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2) TRACT NO. THREE of 15.75 acres conveyed from H.A. |
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Barnett, et ux to C.A. Barnett as recorded in Vol. 135 at Page 644 et |
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seq. of the DEED RECORDS of Burnet County, Texas; |
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3) 550 acres conveyed from J.T. Stevens to Chester Barnett as |
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recorded in Vol. 119 at Page 393 of the DEED RECORDS of Burnet |
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County, Texas; |
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and also including all of CIRCLE B ESTATES, Section Two, a |
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subdivision of record in Vol. 2 at Page 92 of the PLAT RECORDS of |
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Burnet County, Texas, save and except Lot Nos. 1 through 4 and Lot |
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Nos. 13 through 16, and further being comprised of179.85 acres of |
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land above the 825 foot elevation contour and inundated by the water |
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of Lake Lyndon B. Johnson, said 184.31 acres being more |
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particularly described as follows: |
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BEGINNING at a 24 inch Post Oak at a reentrant corner of said TRACT |
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NO. ONE, the Southeast corner of said 550 acre tract, and a westerly |
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corner of that certain 136.50 acre described in Deed to Capital |
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Marble and Granite Co., Inc. as recorded in Vol. 284 at Page 503 of |
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the DEED RECORDS of Burnet County, Texas, for the Southeast corner |
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hereof; |
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THENCE along the southerly line hereof in six (6) courses and |
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distances as follows: |
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1) S 64° 01' 47" W 2625.76 ft., an iron pin set; |
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2) N 50° 25' 24" W 267.33 ft., an iron pin set at a chainlink |
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fence; |
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3) N 5° 43' 05" W 37.41 ft., a pipe fence corner post; |
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4) S 84° 17' 06" W 73.79 ft., a pipe fence corner post; |
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5) S 4° 37' 12" E 46.38 ft., a pipe fence corner post; and |
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6) S 84° 31' 27" W at 153.54 ft., an iron pin set at the |
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approximate 825 foot elevation contour and at 283.54 ft., in all to |
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the Southwest corner hereof, inundated by the waters of Lake Lyndon |
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B. Johnson; |
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THENCE with a westerly line hereof inundated by the waters of said |
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lake in five (5) courses and distances as follows: |
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1) N 0° 37' 31" E 306.77 ft.; |
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2) N 78° 48' 13" E 410.00 ft.; |
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3) N 6° 03' 13" E 485.97 ft.; |
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4) N 69° 08' 09" E 310.54 ft.; and |
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5) S 79° 54' 20" E 147.01 ft., and inundated reentrant corner |
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hereof; |
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THENCE N 26° 52' 30" E at 30.00 ft., pass the South corner of Lot No. |
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88, SHADY ACRES, a subdivision of record in Vol. 1 at Page 28 of the |
|
PLAT RECORDS of Burnet County, Texas, at 43.26 ft., pass a concrete |
|
monument found, and at 261.01 ft., in all to a concrete monument |
|
found at a reentrant corner of said Lot No. 88; |
|
THENCE continuing along the southerly line of said Lot 88 in two (2) |
|
courses and distances as follows: |
|
1) N 69° 45' 75" E 146.54 ft., an iron pin found at a 9 inch |
|
Elm; and |
|
2) N 81° 03' 24" E 38.86 ft., to a concrete monument found at |
|
the Southeast corner of said Lot No. 88; |
|
THENCE along the easterly line of said SHADY ACRES and then SHADY |
|
ACRES, Section Two, a subdivision of record in Vol. 1 at Page 56 of |
|
the PLAT RECORDS of Burnet County, Texas in twelve (12) courses and |
|
distances as follows: |
|
1) N 12° 41' 33" W 334.00 ft., a concrete monument found; |
|
2) N 24° 48' 33" W 375.38 ft., a concrete monument found at |
|
the Northeast corner of a 40 foot roadway and a northeasterly corner |
|
of said SHADY ACRES; |
|
3) S 75° 10' 08" W 96.26 ft., to an 60d nail found at the |
|
Southeast corner of Lot no. 89, SHADY ACRES, Section Two; |
|
4) N 27° 23' 01" W at 110.50 ft., pass a point in the |
|
perimeter of a 30 foot radius culdesac at the termination of Todd |
|
Drive, a public street in said CIRCLE B ESTATES, Section Two, and at |
|
270.42 ft., in all an iron pin found; |
|
5) N 34° 25' 51" W 128.63 ft., an iron pin found; |
|
6) N 41° 10' 52" W 377.21 ft., a pipe fence corner post; |
|
7) N 20° 02' 43" W 91.96 ft., an iron pin found; |
|
8) N 14° 13' 29" W 85.58 ft., an iron pin found; |
|
9) N 1° 03' 27" W 379.67 ft., an iron pin found; |
|
10) N 11° 30' 04" E 369.04 ft., an iron pin found; |
|
11) N 33° 49' 55" E 82.45 ft., an iron pin found; and |
|
12) N 19° 43' 12" E 347.82 ft., to an iron pin found at the |
|
Northeast corner of Lot no. 109 in said SHADY ACRES, Section Two, |
|
and in the perimeter of a 30 foot radius culdesac at the termination |
|
of James Drive, a public street, in said CIRCLE B ESTATES, Section |
|
Two, for a reentrant corner hereof; |
|
THENCE N 86° 18' 42" W 155.34 ft., to an iron pin found at the |
|
Northwest corner of said Lot NO. 109 in the easterly line of Burnet |
|
County Road No. 131; |
|
THENCE along the easterly line of said County Road in three (3) |
|
courses and distances as follows: |
|
1) N 25° 14' 30" E 103.58 ft., an iron pin found; |
|
2) N 27° 34' 55" E 273.34 ft., a concrete monument found; and |
|
3) N 35° 44' 20" E 402.55 ft., to an iron pin set at the North |
|
corner of Lot No. 6 in said CIRCLE B ESTATES, Section Two, in the |
|
southerly right-of-way line of F. M. Highway No. 1431, for the North |
|
corner hereof; |
|
THENCE along said highway, right-of-way in three (3) courses and |
|
distances as follows: |
|
1) S 51° 29' 45" E 339.66 ft., a highway monument; |
|
2) S 57° 12' 18" E 100.49 ft., a highway monument; and |
|
3) S 51° 30' 39" E 324.83 ft., an iron pin found at the North |
|
corner of Lot No. 4 in said CIRCLE B ESTATES, for a westerly |
|
Northeast corner hereof; |
|
THENCE S 32° 02' W 523.55 ft., in all to an iron pin set at a fence |
|
corner post at the west corner of Lot No. 13 in said CIRCLE B |
|
ESTATES, Section Two, in the northerly line of said James Drive, for |
|
a reentrant corner hereof; |
|
THENCE S 63° 18' 00" E along the northerly line of said James Drive |
|
506.47 ft., to an iron pin set at the South corner of Lot No. 16 in |
|
said CIRCLE B ESTATES, Section Two, in the westerly line of said |
|
Todd Drive for a reentrant corner hereof; |
|
THENCE along the westerly line of said Todd Drive in seven (7) |
|
courses and distances as follows: |
|
1) along a curve to the left of radius 19.16 ft., central |
|
angle 93° 21' 50", and a long chord bearing N 70° 01' 00" E 27.88 ft.; |
|
2) along a curve to the right of radius 69.99 ft., central |
|
angle S 4° 17' 55", and a long chord bearing N 50° 24' E 63.87 ft.; |
|
3) N 77° 35' E 102.58 ft.; |
|
4) along a curve to the left of radius 262.34 ft., central |
|
angle 15° 50' 34', and a long chord bearing N 69° 40' 10" E 72.31 ft.; |
|
5) N 61° 44' E 21.39 ft.; |
|
6) along a curve to the left of radius 169.57 ft., central |
|
angle 23° 14', and a long chord bearing N 50° 07' E 68.29 ft.; and |
|
7) N 38° 30' E 102.43 ft., to an iron pin found at the |
|
Northwest corner of said Todd Drive in the southerly right-of-way |
|
line of said F. M. Hwy. No. 1431, for an easterly Northwest corner |
|
hereof; |
|
THENCE along said highway right-of-way line in five (5) courses and |
|
distances as follows; |
|
1) S 51° 29' 21" E 366.76 ft., a highway monument; |
|
2) S 45° 38' 38" E 100.56 ft., a highway monument; |
|
3) S 51° 46' 37" E 100.52 ft., a highway monument; |
|
4) S 57° 22' 16" E 100.17 ft., a highway monument; and |
|
5) S 51° 30' E 1012.14 ft., to a survey monument found at the |
|
North corner of that certain 2.00 acre tract described in Deed to |
|
Pedernales Electric Coop., Inc. as recorded in vol. 186 at page 404 |
|
of the DEED RECORDS of Burnet County, Texas; |
|
THENCE around the perimeter of said 2.00 acre tract in three (3) |
|
courses and distances as follows: |
|
1) S 38° 30' 07" W 295.01 ft., a survey monument found; |
|
2) S 51° 29' 36" E 295.03 ft., a survey monument found; and |
|
3) N 38° 32' 21" E 295.14 ft., to a survey monument found at |
|
the East Corner of said 2.00 acre tract in the southerly |
|
right-of-way line of said highway; |
|
THENCE S 51° 28' 42" E along said highway right-of-way line 77.92 |
|
ft., to an iron pin found at the North corner of said 136.50 acre |
|
tract for the East corner hereof; |
|
THENCE along the westerly line of said 136.50 acre tract S 18° 02' |
|
30" W 318.72 ft., to an iron pin found; and at S 30° 49' 45" W 1146.09 |
|
ft., to the Place of BEGINNING hereof and containing 184.31 acres of |
|
land. |
|
TRACT NO. 3 |
|
BEING 64.86 acres, more or less, of land in Burnet County, Texas, |
|
and being comprised of 40.78 acres out of the F.L. Smith Survey No. |
|
23 and 0.64 acres out of the J.R. Phillips Survey No. 1264, and |
|
being out of and part of that certain "TRACT NO. TWO (2)", 372.49 |
|
acres, conveyed from H.A. Barnett to C.A. Barnett by Deed recorded |
|
in Vol. 135 at Page 644 et seq., of the Deed Records of Burnet |
|
County, Texas, and being situated adjacent to and South of F.M. |
|
Highway No. 1431 and adjacent to and East of Sherwood Drive and |
|
being more particularly described by metes and bounds as follows: |
|
BEGINNING at an iron pin in the fenced easterly line of said "TRACT |
|
NO. TWO (2)", and the westerly line of SHERWOOD SHORES, Prairie |
|
Creek Section, as plat of said subdivision is recorded in Vol. 1, |
|
Page 164 of the Plat Records of Burnet County, Texas, for the |
|
Southeast corner hereof, whence the Southeast corner of said F. L. |
|
Smith Survey No. 51 bears S 30° 43' W 517.49 ft.; |
|
THENCE N 77° 16' W 2656.08 ft., to an iron pin set for the Southwest |
|
corner hereof; |
|
THENCE N 7° 05' 15" E 537.05 ft,, to an iron pin set for a reentrant |
|
corner hereof; |
|
THENCE N 49° 12' 15" W 433.83 ft., to an iron pin set in the westerly |
|
line of said "TRACT NO. TWO (2)" and the easterly line of that |
|
certain 6.53 acre tract conveyed from H. A. Barnett to Wendall Lee |
|
Phillips by Deed as recorded in Vol. 131 at Page 515, et seq., of |
|
Deed Records of Burnet County, Texas, and known as Sherwood Drive, |
|
for a northerly Southwest corner hereof; |
|
THENCE N 40° 12' 45" E with said common boundary, 309.26 ft., to an |
|
iron pin in the southerly line of F. M. Highway No. 1431 at the |
|
common northerly corner of said "TRACT NO. TWO (2)" and said 6.53 |
|
acre tract, for the Northwest corner hereof; |
|
THENCE with the southerly right-of-way line of said highway in |
|
three (3) courses and distances as follows: |
|
1) along a curve to the left of radius 2919.66 ft., central |
|
angle 4° 39' and long chord bearing S 74° 49' E 236.7211., to an iron |
|
pin; |
|
2) S 77° 10' E 1592.78 ft., a concrete right-of-way monument, |
|
and |
|
3) S 77° 16' E 869.0 ft., to an iron pin at the Northwest |
|
corner of that certain 0.688 acre tract conveyed from Chester A. |
|
Barnett to J. W. Thompson Construction Co. by Deed as recorded in |
|
Vol. 178 at Page 245 et seq., of the Deed Records of Burnet County, |
|
Texas, for a westerly Northeast corner hereof; |
|
THENCE S 12° 44' W 300.0 ft., to an iron pin and Southeast corner of |
|
said Thompson Tract, for reentrant corner hereof; |
|
THENCE S 77° 16' Eat 100.0 ft., the Southeast corner of said Thompson |
|
Tract and at 483.22 ft., in all an iron pin in the easterly line of |
|
said "TRACT NO. TWO (2)" at the Southeast corner of that certain |
|
0.647 acre tract conveyed from Chester A. Barnett to C. S. Williams |
|
by Deed as recorded in Vol. 191 at Page 484 of Deed Records of Burnet |
|
County, Texas, for the Northeast corner thereof; |
|
THENCE with the fenced easterly line of said "TRACT NO. TWO (2)" in |
|
two (2) courses as follows: |
|
1) S 31° 28' W at 180.0ft., an iron pin at the Northwest |
|
corner of said Prairie Creek Section of SHERWOOD SHORES, and at |
|
380.47 ft., in all a fence corner post, and |
|
2) S 30° 43' W 357.13 ft., to the place of BEGINNING hereof |
|
and containing 64.86 acres of land. |
|
TRACT NO. 4 |
|
BEING 72.68 acres of land out of the Arthur Luckey Survey No. 23, |
|
Abstract No. 530 in Burnet County, Texas and being out of that |
|
certain 550 acre tract described in Deed from J. T. Stevens to |
|
Chester A. Barnett as recorded in Vol. 119 at Page 392 of the DEED |
|
RECORDS of Burnet County, Texas, said 72.68 acres being more |
|
particularly described as follows: |
|
BEGINNING at an iron spike set in the center of the old |
|
Fredricksburg to Burnet Road at the Northwest corner of that |
|
certain 11.52 acre tract described in Deed to Southern Pacific |
|
Railroad Co., as recorded in Vol. 145 at Page 270 of the DEED |
|
RECORDS of Burnet County, Texas, for the North corner hereof, |
|
whence the Northwest corner of the J. C. Hoffman Survey No. 1009, |
|
Abstract No. 417 in the easterly line of said Luckey Survey bears S |
|
53° 02' 52" E 4386.3 ft., and the North corner of said 550 acre tract |
|
and of said 11.52 acre tract bears N 58° 42' 03" E 153.22 ft.; |
|
THENCE along the westerly line of said 11.52 acre tract, parallel |
|
with and 75 feet West of the East line of said 550 acre tract and the |
|
West line of that certain tract described in Trustee's Deed to |
|
Johnnie Kay Barnett Peril as recorded in Vol. 564 at Page 256 of the |
|
REAL PROPERTY RECORDS of Burnet County, Texas, in six (6) courses |
|
and distances as follows: |
|
1) S 29° 23' 40" W 433.02 ft.; |
|
2) S 29° 31' 25" W 984.51 ft.; |
|
3) S 30° 09' 24" W 517.72 ft.; |
|
4) S 29° 13' 09" W 1454.44 ft.; |
|
5) S 31° 37' 15" W 252.77 ft.; and |
|
6) S 29° 31' 25" W 109.10 ft.; to an iron pin set at a |
|
partition fence corner post, for the Southwest corner hereof, |
|
whence an iron spike found at a 14 inch Post Oak in the East line of |
|
said 550 acre tract and the West line of said Peril tract bears N. |
|
64° 22' 10" E 131.27 ft.; |
|
THENCE along a partition fence and the southerly line hereof in six |
|
(6) courses and distances as follows: |
|
1) N 73° 46' 40" W 682.20 ft., an iron pin set; |
|
2) N 14° 54' 49" W 420.96 ft., an iron pin set; |
|
3) N 0° 10' 32" E at 304.50 ft., a point on the South side of a |
|
sheet metal shed, at 330.50 ft., a point on the North side of said |
|
shed, and at 466.72 ft., in all to an iron pin set; |
|
4) N 77° 48' 45" E 32.70 ft., an iron pin set; |
|
5) N 9° 30' 48" W 74.98 ft., an iron pin set; and |
|
6) N 25° 24" 35" W at 203.02 ft., pass an iron spike set at a |
|
fence corner post, and at 236.15 ft., to a spike set in the center of |
|
said Old Fredricksburg to Burnet Road and the northwesterly line of |
|
said 550 acre tract, for the West corner hereof; |
|
THENCE along the center of said road in eight (8) courses and |
|
distances as follows: |
|
1) N 54° 17' 30" E 216.45 ft., an iron spike set; |
|
2) N 52° 11' 54" E 397.28 ft., an iron spike set; |
|
3) N 50° 33' 24" E 341.87 ft., an iron spike set; |
|
4) N 49° 54' 08" E 495.56 ft., an iron spike set; |
|
5) N 51° 41' 16" E 213.91 ft., an iron spike set; |
|
6) N 53° 48' 23" E 106.80 ft., an iron spike set; |
|
7) N 57° 13' 37" E 131.50 ft., an iron spike set; and |
|
8) N 58° 42' 03" E 1404.84 ft., to the Place of BEGINNING |
|
hereof and containing 72.68 acres of land. |
|
TRACT NO. 5 |
|
BEING 226.134 acres of land out of the Arthur Luckey Survey No. 23, |
|
in Burnet County, Texas, and being the southerly portion of that |
|
certain TRACT NO. ONE, conveyed from H. A. Barnett and wife, Nona E. |
|
Barnett, to Mark Barnett by Deed as recorded in Vol. 135 at Page 640 |
|
et seq. of DEED RECORDS of Burnet County, Texas, said 226.134 acres |
|
being more particularly described by metes and bounds is follows: |
|
BEGINNING at a 4 inch iron pipe fence corner post in the easterly |
|
line of said Luckey Survey at the Northwest corner of the J. C. |
|
Hoffman Survey No. 1009 and Southwest corner of the Ed McMillen |
|
Survey No. 1010 and further being at a Northeast corner of that |
|
certain 375.94 acre tract, Exhibit B, East Tract described in |
|
Partition Deed between Johnnie Barnett Peril and Nona Barnett Fox, |
|
as recorded in Vol. 342 at Page 476 of DEED RECORDS of Burnet |
|
County, Texas, and the Northwest corner of that certain 536.7 acre |
|
tract described in Correction Deed from Max Flinchbaugh to W. E. |
|
Riggs, as recorded in Vol. 191 at Page 264 of DEED RECORDS of Burnet |
|
County, Texas, and the South corner of said TRACT NO. 2, for the |
|
South corner hereof; |
|
THENCE N 45° 25' 09" W with the fenced Northeasterly line of said |
|
East Tract 4190.96 ft., to a 1 inch iron pipe found at a corner post |
|
in the fenced Southeasterly line of the old Fredericksburg-Burnet |
|
Road, at the Northwest corner of said East Tract, for the West |
|
corner hereof, whence an iron pin at a westerly corner of said East |
|
Tract, and the North corner of that certain West Tract described in |
|
said Partition Deed bears S 61° 27' 08" W 69.91 ft.; |
|
THENCE said fenced road line in four (4) courses and distances as |
|
follows: |
|
1) N 51" 01' 23" E 1328.25 ft., an iron pin set at a fence |
|
post; |
|
2) N 55 0 53' 05" E 578.24 ft., an iron pin set at a fence |
|
post; |
|
3) N 55° 26' 30" E 629.63 ft., an iron pin set at a fence |
|
post, and |
|
4) N 55° 24' 39" 2 229.82 ft., an iron pin set for the North |
|
corner hereof; |
|
THENCE S 53° 00' E 2758.86 ft., to an iron pin set in the fenced |
|
easterly line of said Luckey Survey and of said TRACT NO. ONE, for |
|
the East corner hereof; |
|
THENCE with the said fence in four (4) courses and distances as |
|
follows: |
|
1) S 29° 51' 15" W 504.42 ft., an iron spike at a fence post; |
|
1) S 29° 43' 51" W 952.20 ft., an iron spike at a fence post; |
|
3) S 29° 46' 57" W 597.56 ft., an iron spike at a fence post; |
|
and |
|
4) S 29° 48' 52" W 1009.32 ft., to the PLACE OF BEGINNING |
|
hereof and containing 226.134 acres of land. |
|
TRACT NO. 6 |
|
BEING 375.94 acres of land in Burnet County, Texas, comprised of |
|
274.40 acres out of the Arthur Luckey Survey No. 23 and 82.04 acres |
|
out of the F. L. Smith Survey No. 519 and 19.50 acres out of the J. |
|
C. Hoffman Survey No. 1009 and further being part of that certain |
|
1939 acre tract conveyed from J. R. Phillips to H.A. Barnett by Deed |
|
as recorded in Vol. 89 at Page 56 of DEED RECORDS of Burnet County, |
|
Texas, said 375.94 acres being more particularly described by metes |
|
and bounds as follows: |
|
BEGINNING at a 4 inch iron pipe fence corner post in the easterly |
|
line of said 1939 acre tract and of said Luckey Survey at the |
|
Northwest corner of said Hoffman Survey and Southwest corner of the |
|
Ed McMillen Survey No. 1010 and further being the Northwest corner |
|
of that certain 536.7 acre tract described in Correction Deed from |
|
Max Flinchbaugh to W. E. Riggs, as recorded in Vol. 191 at Page 264 |
|
of DEED RECORDS of Burnet County, Texas, and the Southeast corner of |
|
that certain 355.0 acre tract conveyed from H. A. Barnett to Mark |
|
Barnett, by Deed as recorded in Vol. 135 at Page 640-644 of DEED |
|
RECORDS of Burnet County, Texas, for the Northeast corner hereof; |
|
THENCE S 29° 41' 44" W with the common boundary of said Luckey Survey |
|
and said Hoffman Survey, at 152.5 ft., a 4 inch iron pipe fence |
|
post, at 326.18 ft., a 4 inch iron pipe fence post, and at 759.04 |
|
ft., in all a 4 inch iron pipe fence post, for a corner hereof; |
|
THENCE with the fenced common boundary of said 1939 acre tract and |
|
said 536.7 acre tract in four (4) courses and distances as follows: |
|
1) S 7° 37' 08" W 1917.55 ft., 4 inch iron pipe post; |
|
2) S 7° 42' 25" W 1513.78 ft., an iron spike; |
|
3) S 7° 33' 51" W 953.01 ft., an iron pin; and |
|
4) S 7° 37' 54" W at 339.11 ft., an iron pin and at 340.00 |
|
ft., in all the Southeast corner hereof in the northerly |
|
right-of-way line of F.M. Highway No. 1431; |
|
THENCE with said highway right-of-way in two (2) courses and |
|
distances as follows: |
|
1) N 79° 08' 48" W at 1387.71 ft., a concrete right-of-way |
|
monument, and at 2480.87 ft., in all the beginning of a curve to the |
|
right, and |
|
2) along said curve to the right of radius 2835.71 ft., |
|
central angle 2° 37' 02" and long chord bearing N 77° 50' 17" W 129.52 |
|
ft., to an iron pin at the Southeast corner of an adjoining 375.94 |
|
acre tract, for the Southwest corner hereof; |
|
THENCE N 17° 37' 23" E 6910.76 ft. to an iron pin at the Northeast |
|
corner of said adjoining 375.94 acre tract, for a reentrant corner |
|
hereof; |
|
THENCE N 45° 25' 09" W 1520.68 ft., to an iron pin in the fenced |
|
Southeast line of the old Fredericksburg-Barnet Road, at the North |
|
corner of said adjoining 375.94 acre tract, for a westerly corner |
|
hereof; |
|
THENCE N 61° 27' 08" E with said road 69.91 ft., to a 1 inch iron pipe |
|
found at the West corner of said 355.00 acre tract, for the |
|
Northwest corner hereof; |
|
THENCE S 45° 25' 09" E with the fenced Southwesterly line of said |
|
355.00 acre tract, 4190.96 ft., to the Place of BEGINNING hereof and |
|
containing 375.94 acres of land. |
|
SAID TRACTS CONTAIN 1,068 ACRES OF LAND, MORE OR LESS. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4719 was passed by the House on May |
|
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4719 was passed by the Senate on May |
|
27, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |