H.B. No. 4719
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 a limited 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 8315 to read as follows:
CHAPTER 8315. BURNET COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8315.001. 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. 8315.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8315.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8315.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
temporary directors may not hold an election under Section 8315.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
(b) A municipality may not provide consent under Subsection
(a) until the municipality and the owner or owners of the territory
described by Section 2 of the Act creating this chapter have
executed an annexation agreement governing the municipality's
eventual annexation of the territory. The municipality may
incorporate any of the terms of the annexation agreement into the
ordinance or resolution described by Subsection (a).
Sec. 8315.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8315.006. 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 the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8315.007-8315.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8315.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8315.052, directors serve
staggered four-year terms.
Sec. 8315.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8315.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8315.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8315.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
[Sections 8315.053-8315.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8315.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8315.102. 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. 8315.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8315.104. ROAD STANDARDS AND REQUIREMENTS. (a) 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 road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8315.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. (a) The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
(b) In addition to all the rights and remedies provided by
other law, if the district violates the terms of an ordinance or
resolution described by Subsection (a), the municipality is
entitled to injunctive relief or a writ of mandamus issued by a
court requiring the district and the district's officials to
observe and comply with the terms of the ordinance or resolution.
Sec. 8315.106. ANNEXATION OF DISTRICT BY MUNICIPALITY. (a)
A municipality may annex all or part of the territory of the
district or any new district created by the division of the district
only as provided by an annexation agreement described by Section
8315.004(b).
(b) A municipality is not required to annex any part of the
district's territory that is outside the corporate boundaries of
the municipality.
(c) A municipality is not required to assume control and
operation of the district or a new district created by division of
the district on annexation of all or part of the territory of the
district or new district, but the municipality may assume control
and operation of the district or a new district and dissolve the
district or new district if:
(1) the municipality has annexed all of the territory
of the district or new district;
(2) the water and wastewater facilities required to
serve at least 95 percent of the lots in the district or new
district, as set out by a final plat, have been completed; and
(3) the municipality has complied with the
requirements of Section 43.075, Local Government Code.
(d) Notwithstanding Section 54.016(f)(2), Water Code, a
contract between a municipality and the district or new district
that provides for the allocation of the taxes or revenues of the
district and the municipality following the date of inclusion of
all or part of the district's territory in the corporate limits of
the municipality, may provide that the total annual ad valorem
taxes collected by the municipality and the district from taxable
property in the district may exceed the city's ad valorem tax on the
property.
Sec. 8315.107. LIMITATION ON CREATION OF OTHER MUNICIPAL
UTILITY DISTRICTS. Before December 31, 2011, the Texas Commission
on Environmental Quality may not grant a petition under Chapter 54,
Water Code, to create a municipal utility district if the district
contains any territory described by Section 2 of the Act creating
this chapter.
Sec. 8315.108. LIMITATION ON ANNEXATION OF LAND BY
DISTRICT. (a) The district or any new district created by the
division of the district may not annex land unless:
(1) the owner or owners of the land have provided
written consent to the annexation; and
(2) the land is adjacent to the district or new
district.
(b) The district must complete an annexation authorized by
this section not later than the first anniversary of the date the
district or new district receives written consent from the owner or
owners of the land.
(c) An owner of land may revoke the owner's consent to
annexation before the annexation is completed by notifying the
district or new district in writing that the consent is revoked.
(d) For purposes of this section, a petition by an owner of
land for annexation to the district that meets the requirements of
Chapter 49, Water Code, satisfies the requirement of written
consent under Subsection (a).
Sec. 8315.109. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8315.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8315.110. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8315.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district
or provide that the owner or owners of a majority of the assessed
value of the real property in each new district may submit a
petition to the Texas Commission on Environmental Quality
requesting that the commission appoint as temporary directors the
five persons named in the petition; and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8315.003. A new district that is not confirmed is subject
to dissolution under general law.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8315.004 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
[Sections 8315.111-8315.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8315.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8315.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8315.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8315.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8315.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8315.154-8315.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8315.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8315.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8315.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Burnet County Municipal Utility District No.
3 initially includes all the territory contained in the following
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.
______________________________ ______________________________
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