By: Aycock H.B. No. 4719
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Burnet County Municipal Utility
District No. 3; 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 ____ to read as follows:
CHAPTER ____. BURNET COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. ____.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Burnet County Municipal
Utility District No. 3.
Sec. ____.002. NATURE OF DISTRICT. The district is a
municipal utility district in Burnet County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution.
Sec. ____.003. FINDING OF PUBLIC USE AND BENEFIT. The
district is created to serve a public use and benefit.
Sec. ____.004. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section ____.023 before September 1, 2013:
(1) the district is dissolved September 1, 2013,
except that the district shall:
(A) pay any debts incurred;
(B) transfer to Burnet County any assets that
remain after the payment of debts; and
(C) maintain the organization of the district
until all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2016.
Sec. ____.005. 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 board.
[Sections ____.006-____.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. ____.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1)
(2)
(3)
(4)
(5)
(b) 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.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
____.023; or
(2) the date this chapter expires under Section
____.004.
Sec. ____.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall convene the organizational meeting of
the district at a location in the district agreeable to a majority
of the directors. If a location cannot be agreed upon, the
organizational meeting shall be at the Burnet County Courthouse.
Sec. ____.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
Sec. ____.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section ____.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors and which three shall serve until the second
regularly scheduled election of directors.
Sec. ____.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
[Sections ____.026-____.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. ____.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
[Sections ____.052-____.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. ____.101. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. ____.102. ANNEXATION. The district or any new
district formed by the division of the district may not annex the
property of a landowner before obtaining written consent from the
landowner. The annexation of the property must be completed by the
district not later than one year after the district's receipt of the
landowner's written consent. A landowner may revoke the
landowner's consent to annexation before annexation by notifying
the district in writing that the consent is revoked. A landowner's
petition for annexation that meets the requirements of Chapter 49
or 54, Water Code, shall be considered as the landowner's written
consent for the purposes of this section.
Sec. ____.103. ROAD PROJECTS. (a) The district may
construct, acquire, improve, maintain, or operate macadamized,
graveled, or paved roads, or improvements in aid of those roads in
the district.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulations of
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located. If the district is not
located in the corporate limits or extraterritorial jurisdiction of
a municipality, a road project must meet all applicable
construction standards, zoning and subdivision requirements, and
regulations of each county in which the district is located.
(c) The district may not undertake a road project unless
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by resolution. If
the district is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless each county in which the
district is located consents by resolution.
Sec. ____.104. ROAD CONTRACTS. The district may contract
for a road project in the manner provided by Subchapter I, Chapter
49, Water Code.
[Sections ____.105-____.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. ____.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of and interest on bonds issued under
Section ____.201.
[Sections ____.152-____.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. ____.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other
obligations as provided by Chapters 49 and 54, Water Code, and to
finance the construction, maintenance, or operation of projects
under Sections ____.101 and ____.103.
(b) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxation to finance projects
authorized by Section ____.103 unless the issuance is approved by a
vote of a two-thirds majority of district voters voting at an
election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section ____.103 may not exceed one-fourth
of the assessed value of the real property in the district.
[Sections ____.202-____.250 reserved for expansion]
SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. ____.251. DIVISION OF DISTRICT; REQUIREMENTS. (a) At
any time before the district issues indebtedness secured by taxes
or net revenue, the district 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 may consider a proposal to divide the district
on:
(1) a petition of a landowner in the district; or
(2) a motion by the board.
(d) If the board decides to divide the district, the board
shall:
(1) set the terms of the division, including names for
the new districts and a plan for the payment or performance of any
outstanding district obligations; and
(2) prepare a metes and bounds description for each
proposed district. (e) After its creation, a new district may annex
property in accordance with this chapter.
Sec. ____.252. ELECTION FOR DIVISION OF DISTRICT. (a)
After the board has complied with Section ____.251(d), the board
shall hold an election in the district to determine whether the
district should be divided as proposed.
(b) The board shall give notice of the election in the same
manner required for other district elections prescribed by the
Water Code and Election Code.
(c) If a majority of the votes cast are in favor of the
division:
(1) the district is divided; and
(2) not later than the 30th day after the date of the
election, the district shall provide written notice of the division
to:
(A) the Texas Commission on Environmental
Quality;
(B) the attorney general;
(C) the commissioners court of each county in
which a new district is located; and
(D) any municipality having extraterritorial
jurisdiction over territory in each new district.
(d) If a majority of the votes cast are not in favor of the
division, the district may not be divided.
Sec. ____.253. 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) Directors appointed under Subsection (a)(1) serve the
staggered terms to which they were elected in the original
district. Directors appointed under Subsection (a)(2) serve until
the election for directors under Subsection (c).
(c) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, the appointed board shall hold an election to elect five
directors in each district for which directors were appointed under
Subsection (a)(2). The elected directors shall draw lots to
determine which two shall serve until the next regularly scheduled
election of directors and which three shall serve until the second
regularly scheduled election of directors.
Sec. ____.254. 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 revenue 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 under Section
____.251(d).
(c) Any other district obligation is divided pro rata among
the new districts on an acreage basis or on other terms that are
satisfactory to the new districts.
Sec. ____.255. 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.
SECTION 2. The Burnet County Municipal Utility District No.
3 initially includes all the territory contained in the following
described area:
TRACT NO. 1
BEING 144.14 acres of land out of the Arthur Luckey Survey No. 23
Abstract No. 530 in Burnet County, Texas and being comprised of part
of that 147 acre tract conveyed to Troy Ben Fox in Vol. 1294 at Page
957 of the OFFICIAL PUBLIC RECORDS of Burnet County, Texas and part
of that 36.65 acre tract conveyed to Troy Ben Fox in Vol. 1294 at
Page 957 of the OFFICIAL PUBLIC RECORDS of Burnet County, Texas and
including Lot Nos. 18 through 30 in CIRCLE B ESTATES, Section 1, a
subdivision of record in Vol. 2 at Page 90 of the PLAT RECORDS of
Burnet County, Texas, said 144.14 acres being more particularly
described as follows:
BEGINNING at a reentrant corner of said 36.65 acre tract and the
Southwest corner of that 184.31 acre tract described in Release of
Lien to Troy Ben Fox as recorded in Vol. 1273 at Page 888 of the
OFFICIAL PUBLIC RECORDS of Burnet County, Texas for a Northwesterly
corner hereof;
THENCE N 64 01' 47" E along the common boundary of said 184.31 acre
tract 2625.76 ft., to the Southeast corner of said 184.31 acre tract
and a westerly corner of that 131.606 acre tract described in Deed
to the City of Granite Shoals as recorded in Document No. 0803603 of
the OFFICIAL PUBLIC RECORDS of Burnet County, Texas in the easterly
boundary of said 147 acre tract, for the North corner hereof;
THENCE along the common boundary of said 147 acre tract and the City
of Granite Shoals tract; S 08 37' 15" E 879.62 ft.; and S 29" 58' 45"
E 1827.53 ft. to the East corner of said 147 acre tract in the
northwesterly right-of-way line of Phillips Ranch Road, for the
East corner hereof;
THENCE along the common boundary of said 147 acre tract and said
Phillips Ranch Road in three (3) courses and distances as follows:
1) S 74 08' 10" W 904.01 ft;
2) S 54 20' 00" W 252.94 ft; and
3) S 26 15' 29' W 595.49 ft., to the South corner of said 147
acre tract and the northeasterly corner of SHERWOOD SHORES, Green
Castle Section a subdivision of record in Vol. 1 at Page 100 of the
PLAT RECORDS of Burnet County, Texas, for the South corner hereof;
THENCE N 59 56' 30" W along the common boundary of said 147 acre
tract and said Green Castle Section 700.31 ft., to the Southeast
corner of that 0.180 acre tract described in Deed to Alan Kirby as
recorded in Vol. 902 at Page 35 of the OFFICIAL PUBIC RECORDS of
Burnet County, Texas;
THENCE along the common boundary of said 147 acre tract and said
0.180 acre tract in four (4) courses and distances as follows:
1) N 28 05' 31" E 24.1 ft.;
2) N 57 43' 29" W 79.85 ft.;
3) N 59 59' 29" W 207.39 ft.; and
4) S 53 57' 31" W 29.60 ft., to a point in the northerly
boundary of said Green Castle Section;
THENCE N 59 56' 30" W along the common southerly boundary of said
147 acre tract and then said 36.65 acre tract and the northerly
boundary of said Green Castle Section at 651.16 ft., pass the common
southerly corner of said 147 acre tract and said 36.65 acre tract
and at 800.20 ft., in all to a southwesterly corner of said 36.65
acre tract in the easterly line of Tempe Drive in said CIRCLE B
ESTATES, Section 1, for a southwesterly corner hereof;
THENCE with the westerly boundary of said 36.65 acre tract and the
easterly line of said Tempe Drive in twelve (12) courses and
distances as follows:
1) N 30 03' 30" E 25.00 ft.;
2) along a curve to the left of radius 25.00 ft., central
angle 90 00', arc distance 39.28 ft., and a long chord bearing N 14
56' 30" W 35.36 ft.;
3) N 59 56' 30" W 204.21 ft.;
4) along a curve to the right of radius 72.26 ft., central
angle 54 27' 45", arc distance 68.69 ft., and a long chord bearing N
32 42' 45" W 66.13 ft.;
5) N 05 29' 00" W 144.06 ft.;
6) along a curve to the left of radius 1342.06, central
angle 05 13' 00", arc distance 122.19 ft., and a long chord bearing
N 08 05' 30" W 122.15 ft.;
7) N 10 42' 00" W 184.66 ft.;
8) along a curve to the left of radius 259.41 ft., central
angle 28 43' 00", arc distance 112.65 ft., and a long chord bearing
N 25 03' 30" W 128.66 ft.;
9) N 39 25; 00" W 229.20 ft.;
10) along a curve to the right of radius 424.18 ft., central
angle 15 12' 58", arc distance 112.65 ft., and a long chord bearing
N 31 48' 30" W 112.32 ft.;
11) N 24 12' 00" W 116.34 ft., and
12) along a curve to the right of radius 89.81 ft., central
angle 47 04', arc distance 73.78, and a long chord bearing N 00 40'
00" W 71.72 ft., to the termination of Tempe Drive;
THENCE continuing with the common boundary of said 36.65 acre
tract: N 31 08' 12" E 29.13 ft.; and N 36 21' 47" E 97.54 ft., to the
Place of BEGINNING hereof and containing 144.14 acres of land.
TRACT NO. 2
BEING 184.31 acres of land in Burnet County, Texas comprised of
approximately 22.76 acres out of the John Harvey Survey No. 24,
Abstract No. 400 and 161.55 acres out of the Arthur Luckey Survey
No. 23, Abstract No. 530 and being comprised of portions of the
following deeded tracts:
1) TRACT NO. ONE of 338.19 acres conveyed from H.A. Barnett,
et ux to C.A. Barnett as recorded in Vol. 135 at Page 644 et seq. of
the DEED RECORDS of Burnet County, Texas;
2) TRACT NO. THREE of 15.75 acres conveyed from H.A.
Barnett, et ux to C.A. Barnett as recorded in Vol. 135 at Page 644 et
seq. of the DEED RECORDS of Burnet County, Texas;
3) 550 acres conveyed from J.T. Stevens to Chester Barnett as
recorded in Vol. 119 at Page 393 of the DEED RECORDS of Burnet
County, Texas;
and also including all of CIRCLE B ESTATES, Section Two, a
subdivision of record in Vol. 2 at Page 92 of the PLAT RECORDS of
Burnet County, Texas, save and except Lot Nos. 1 through 4 and Lot
Nos. 13 through 16, and further being comprised of179.85 acres of
land above the 825 foot elevation contour and inundated by the water
of Lake Lyndon B. Johnson, said 184.31 acres being more
particularly described as follows:
BEGINNING at a 24 inch Post Oak at a reentrant corner of said TRACT
NO. ONE, the Southeast corner of said 550 acre tract, and a westerly
corner of that certain 136.50 acre described in Deed to Capital
Marble and Granite Co., Inc. as recorded in Vol. 284 at Page 503 of
the DEED RECORDS of Burnet County, Texas, for the Southeast corner
hereof;
THENCE along the southerly line hereof in six (6) courses and
distances as follows:
1) S 64 01' 47" W 2625.76 ft., an iron pin set;
2) N 50 25' 24" W 267.33 ft., an iron pin set at a chainlink
fence;
3) N 5 43' 05" W 37.41 ft., a pipe fence corner post;
4) S 84 17' 06" W 73.79 ft., a pipe fence corner post;
5) S 4 37' 12" E 46.38 ft., a pipe fence corner post; and
6) S 84 31' 27" W at 153.54 ft., an iron pin set at the
approximate 825 foot elevation contour and at 283.54 ft., in all to
the Southwest corner hereof, inundated by the waters of Lake Lyndon
B. Johnson;
THENCE with a westerly line hereof inundated by the waters of said
lake in five (5) courses and distances as follows:
1) N 0 37' 31" E 306.77 ft.;
2) N 78 48' 13" E 410.00 ft.;
3) N 6 03' 13" E 485.97 ft.;
4) N 69 08' 09" E 310.54 ft.; and
5) S 79 54' 20" E 147.01 ft., and inundated reentrant corner
hereof;
THENCE N 26 52' 30" E at 30.00 ft., pass the South corner of Lot No.
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.