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HomeMy WebLinkAboutRes 041007-LResolutionNo.0 TRACTRESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS REGARDING THE CREATION OF A MUNICIPAL UTILITY DISTRICT TO BE LOCATED IN WILLIAMSON COUNTY, TEXAS ON A ! OF P.! 545 ACRES OF 1 GENERALLY1 IN THE J* SURVEYSNORTHCROSS, A.J. HAYHERST, D. CASANOVA AND C.H. DELANEY •COUNTY,/ LOCATED PARTIALLY WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION. WHEREAS, a regular meeting of the City Council of the City of Georgetown, Texas (the "City Council") was held on April 10, 2007; WHEREAS, notice of this regular meeting was properly posted, and a quorum of the City Council was present at the meeting; WHEREAS, at the meeting, the City Council considered the creation of a Municipal Utility District in Williamson County, Texas to be located on approximately 545 acres of land in the area shown on the attached "Exhibit A" which is partially within the City of Georgetown's extraterritorial jurisdiction; WHEREAS, the City of Georgetown does not currently contemplate it's city limit boundary to include the land within the proposed District; WHEREAS, Article XVI, Section 59 (e) of the Texas Constitution provides that: "No law creating a conservation and reclamation district shall be passed unless, at the time notice of the intention to introduce a bill is published as provided in Subsection (d) of this section, a copy of the proposed bill is delivered to the commissioners court of each county in which said district or any part there of is or will be located and to the governing body of each incorporated city or town in whose jurisdiction said district or any part thereof is or will be located. Each such commissioners court and governing body may file its written consent or opposition to the creation of the proposed district with the governor, lieutenant governor, and speaker of the house of representatives. Each special law creating a conservation and reclamation district shall comply with the provisions of the general laws then in effect relating to consent by political subdivision to the creation of conservation and reclamation districts and to the inclusion of land within the district;" WHEREAS, the City of Georgetown, Texas has received a copy of the proposed bill entitled "AN ACT RELATING TO THE CREATION OF THE 3 B & J MUNICIPAL UTILITY DISTRICT; PROVIDING AUTHORITY TO IMPOSE A TAX AND ISSUE BONDS," a copy of which is attached hereto as "Exhibit B," and NOW '' •" BE IT RESOLVED BY ! OF THE CITY OF O' ! Resolution No. / � Bill Benton MUD Page 1 of 2 SEC`T'ION 1. The City Council hereby does not object to the creation of the municipal Utility District in Williamson County, Texas as described in Exhibits "A " and "B ", copies of which are attached hereto and made a part hereof as if set forth in full, provided that the following conditions are met: (1) any district wastewater treatment facility will be chosen from a. list of designs approved by the Brazos River Authority; and (2) all operations of any District wastewater treatment facility will be approved by the Brazos River Authority, SEC'T'ION 2. The Mayor is hereby authorized to sign this Resolution, and the City Secretary to attest. SECTION 3. This Resolution shall be effective immediately upon adoption. RESOLVED this 10th day of April, 2007, ATTEST: Sandra Lee, City Secretary APPROVED AS TO FORM: Patricia E. Carls BROWN & CARLS, LLP, City Attorney Resolution No. / 7� L Bill Benton MUD Page 2 of 2 THE CITY OF GEORGETOWN: X W 3 B & J MUNICIPAL UTILITY DISTRICT 545,85 ACRES IN THE C.H. DELANEY SURVEY, A-181 LEWIS P. DYCHES SURVEY, A-171 ROBERT BAKER SURVEY, A-824 DELORES CASANOVA SURVEY, A-128 H.J. HAYHERST SURVEY, A-305 JAMES NORTHCROSS SURVEY, A-478 WILLIAMSON COUNTY, TEXAS TRACT 1 DESCRIPTION OF 545.85 ACRES OUT OF THE C.H. DELANEY SURVEY, ABSTRACT NO 181, THE LEWIS P. DYCHES SURVEY, ABSTRACT NO. 171, THE ROBERT BAKER SURVEY, ABSTRACT NO. 824, THE DELORES CASANOVA SURVEY, ABSTRACT NO. 128, THE H.J. HAYHERST SURVEY, ABSTRACT NO. 305, AND THE JAMES NORTHCROSS SURVEY, ABSTRACT NO. 478 IN WILLIAMSON COUNTY, TEXAS, BEING ALL THAT CERTAIN FIRST TRACT DESCRIBED AS 18.2 ACRES, SECOND TRACT DESCRIBED AS 113, 91 ACRES, THIRD TRACT DESCRIBED AS 169.16 ACRES, FOURTH TRACT DESCRIBED AS 79.24 ACRES, FIFTH TRACT DESCRIBED AS 134.95 ACRES, AND SIXTH TRACT DESCRIED AS 3.48 ACRES IN AN INSTRUMENT TO W.H. CARDWELL RECORDED IN VOLUME 495, PAGE 84 OF THE DEED RECORDS OF SAID COUNTY, BEING ALL THAT CERTAIN 20.31 ACRE TRACT OF LAND DESCRIBED IN AN INSTRUMENT TO W.H. CARDWELL RECORDED IN VOLUME 495, PAGE 87 OF SAID DEED RECORDS, BEING A PORTION OF THAT CERTAIN 451.6 ACRE TRACT OF LAND DESCRIBED IN AN INTRUMENT TO W.H. CARDWELL RECORDED IN VOLUME 529, PAGE 342 OF SAID DEED RECORDS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found in the southwesterly right-of-way line of Williamson County Road No. 248 at the east corner of said 20.31 acre tract of land for an east comer and PLACE OF BEGINNING hereof; THENCE, with the south line of said 20.31 acre tract of land and the south line of said Fifth Tract, same being the north line of said 451.6 acre tract of land. South 70 degrees 50 minutes 00 seconds West for a distance of 3,065.57 feet to a cotton gin spindle set in the east line of said Third Tract at the southwest corner of said Fifth Tract, same being the northwest corner of said 451.6 acre tract of land for an interior comer hereof; THENCE, with the east line of said Third Tract, in part, and the east lines of said Second and First Tracts, same being the west line of said 451,6 acre tract of land, the following courses: 1. South 18 degrees 57 minutes 38 seconds East for a distance of 21128.41 feet to an iron rod set at an angle point; 2. South 68 degrees 46 minutes 17 seconds West for a distance of 15.90 feet to an iron rod set at an angle point; 3. South 18 degrees 37 minutes 31 seconds East for a distance of 1,217.94 feet to cedar fence post at an angle point; Page 2 - 3 B & J Municipal Utility District (545.85) 4. South 25 degrees 14 minutes 24 seconds East for a distance of 239.36 feet to an iron rod set at a 12" Elm and a 14" Live Oak for an angle point; 5. South 18 degrees 43 minutes 28 seconds East for a distance of 1,502.44 feet to an iron rod set in the east line of said First Tract, same being a westerly line of said 451.6 acre tract of land for an interior corner hereof, from which an iron rod found at an angle point in the north line of a 272.07 acre tract of land described in an instrument to J. Nolan Harvey, and wife Louise Harvey, same being the southeast corner of said First Tract, same being the southwest corner of said 451.6 acre tract of land bears south 18 degrees 43 minutes 28 seconds east, a distance of 100.32 feet; THENCE, departing said common line, through the interior of said 451.6 acre tract of land, with a line 100.00 feet northerly of and parallel with the north line of said 272.07 acre tract of land, same being the south line of said 451.6 acre tract, the following courses: 1. North 66 degrees 42 minutes 38 seconds East for a distance of 1,112.14 feet to an iron rod set for an angle point hereof; 2. North 65 degrees 13 minutes 46 seconds East for a distance of 2,227.44 feet to an iron rod set for an angle point hereof; 3. North 71 degrees 13 minutes 45 seconds East for a distance of 105.24 feet to an iron rod set for a corner hereof; THENCE, South 18 degrees 46 minutes 15 seconds East for a distance of 100.00 feet to an iron rod set in the north right-of-way line of Williamson County Road No. 247, as used on the ground, same being the south line of said 451.6 acre tract of land, for the easternmost corner hereof, from which an iron rod set at the southeast corner of said 451.6 acre tract of land bears North 71 degrees 13 minutes 45 seconds East, a distance of 1,293.93 feet; THENCE, with the north right-of-way line of said County Road, same being the south line of said 451.6 acre tract of land, South 71 degrees 13 minutes 45 seconds West for a distance of 100.00 feet to an iron rod set at a point described as the point of abandonment of said County Road in said Volume 529, Page 342 for an angle point hereof; THENCE, continuing with the south line of said 451.6 acre tract of land, same being the north line of said 272.07 acre tract of land, the following courses: 1. South 65 degrees 13 minutes 46 seconds West for a distance of 2,223.49 feet to an iron rod found for an angle point: 2. South 66 degrees 42 minutes 38 seconds West for a distance of 11121.42 feet to an iron rod found at an angle point in the north line of said 272.07 acre tract of land, same being the southwest corner of said 451.6 acre tract of land, same being the southeast corner of said First Tract for an angle point hereof: THENCE, continuing with the north line of said 272,07 acre tract of land, same being the south line of said First Tract, South 77 degrees 03 minutes 37 seconds West for a distance of 2,567.68 feet to an iron rod set for the southwest corner of said First Tract, for the southwest corner hereof; Page 3 - 3 B & J Municipal Utility District (545.85) THENCE, with the west lines of said First Tract, Second Tract, Third Tract, and Fourth Tract, same being the southern most west line hereof, the following courses: 1. North 17 degrees 17 minutes 19 seconds West for a distance of 1,213.15 feet to an iron rod set for an angle point in the west line of said Second Tract (an iron pipe called to be said angle point in the description of said Second Tract found laying on the ground at this point) for an angle point hereof; 2. North 8 degrees 58 minutes 00 seconds West for a distance of 11344.62 feet to an iron rod set for an angle point in the west line of said Third Tract for an angle point hereof; 3. North 18 degrees 46 minutes 28 seconds West for a distance of 1,893.17 feet to an iron rod found at an angle point in the west line of said Third Tract, same being the most easterly northeast comer of a 325.51 acre tract of land described in an instrument recorded in Volume 1996, Page 565 of the Official Records of said County for an angle point hereof; 4. North 17 degrees 44 minutes 17 seconds West for a distance of 2,427.60 feet to a P.K. nail set at a fence comer at the northwest corner of said Fourth Tract for the most westerly northwest comer hereof; THENCE, with the north line of said Fourth Tract, the following courses: I . North 65 degrees 13 minutes 12 seconds East for a distance of 800.97 feet to an iron rod set for an angle point; 2. North 72 degrees 36 minutes 12 seconds East for a distance of 1,447.25 feet to an iron rod set in the west line of said Fifth Tract, same being the northeast corner of said Fourth Tract for an interior comer hereof; THENCE, with the west line of said Fifth Tract, North 18 degrees 43 minutes 15 seconds West for a distance of 1,682.71 feet to an iron rod found at the southwest comer of a 100 acre tract of land described in an instrument to Theofil L. Zurovetz and wife Rose Marie Zurovetz recorded in Volume 503, Page 481 of said Deed Records, same being the northwest comer of said Fifth Tract for the most northerly northwest comer hereof; THENCE, with the south line of said 100 acre tract of land, same being the north line of said Fifth Tract, the following courses: 1. North 71 degrees 32 minutes 43 seconds East for a distance of 677.86 feet to an iron rod found; 2. North 71 degrees 32 minutes 01 seconds East for a distance of 860.90 feet to an iron rod set in the west line of said County Road No. 248 at the northeast corner of said Fifth Tract for the northeast corner hereof; THENCE, with the west line of said County Road No. 248 and the east line of said Fifth Tract, the following courses: 1. South 27 degrees 58 minutes 53 seconds East for a distance of 359.95 feet to an iron rod set for an angle point; Page 4 - 3 B & J Municipal Utility District (545.85) 2. South 19 degrees 18 minutes 53 seconds East for a distance of 1,284.81 feet to an iron rod set for an angle point; 3. South 20 degrees 58 minutes 53 seconds East for a distance of 339.95 feet to a 30" Live Oak found at the north corner of said Sixth Tract for an angle point hereof; THENCE, continuing with the west line of said County Road 248, same being the east lines of said Sixth Tract, and said 20.31 acre tract of land, the following courses: I . South 42 degrees 18 minutes 42 seconds East for a distance of 570.08 feet to an iron rod set for an angle point; 2. South 66 degrees 41 minutes 25 seconds East, at 324.00 feet pass an iron rod found at the southeast corner of said Sixth Tract, same being the northeast corner of said 20.31 acre tract of land, and continue on for a total distance of 1,223.85 feet to an iron rod set for an angle point; 3. South 62 degrees 41 minutes 25 seconds East for a distance of 431.93 feet to the PLACE OF BEGINNING and containing 545.85 acres of land, more or less. BEARING BASIS: Bearings recited herein are based on the record bearing of the north line of the herein described 451.6 acre tract of land. Prepared by: PATESURVEYORS a division of Pate Engineers, Inc. Job No. 1714-001-51-A600 January 26, 2007 THIS LEGAL DESCRIPTION IS ISSUED FOR PURPOSE OF ATTACHMENT TO DOCUMENTS FOR 3 B & J MUNICIPAL UTILITY DISTRICT. TRACT I RECITES THE LEGAL DESCRIPTION OF THE 545.85 ACRE TRACT DESCRIBED IN THE WARRANTY DEED FROM WALLACE H. CARDWELL AND ARDETH M. CARDWELL, TRUSTEES TO BILL K. BENTON, ET UX, DATED SEPTEMBER 10, 1993, AND RECORDED UNDER VOLUME 2373, PAGE 359, IN THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.211 DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTEREST IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTEREST IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED, 3 B & J MUNICIPAL UTILITY DISTRICT CLOSURESHEET 1/26/2007 10:59 Starting Coordinates: Northing -93178.3870, Easting 6061.1993 Bearing Distance Type Tangent Description S 70050'001' W 3065.570 LINE S 18057'38" E 2128.410 LINE S 68046117'r W 15.9000 LINE S 18037131" E 1217.940 LINE S 25014'24" E 239.3600 LINE S 18043'28" E 1502.440 LINE N 66042'38" E 1112.140 LINE N 65013'46" E 2227.440 LINE N 71013'45" E 105.2400 LINE S 18046115" E 100.0000 LINE S 71013'45" W 100.0000 LINE S 65013146" W 2223.490 LINE S 66042,381, W 1121.420 LINE S 77003`37" W 2567.680 LINE N 17017'19" W 1213.150 LINE N 08058'00" W 1344.620 LINE N 18046'28" W 1893.170 LINE N 170441171° W 2427.600 LINE N 65013112" E 800.9700 LINE N 72036'12" E 1447.250 LINE N 18043115" W 1682.710 LINE N 71032'43" E 677.8600 LINE N 71032101" E 860.9000 LINE S 27058'53" E 359.9500 LINE S 19018153" E 1284.810 LINE S 20058153" E 339.9500 LINE S 42018'42" E 570.0800 LINE S 66041'25" E 1223.850 LINE S 62041125" E 431.9300 LINE Radius Arc Len Delta Ending Coordinates: Northing -93178.3792, Easting 6061.1992 Area: 23777394.37 S.F, 545.8539 Acres Total Perimeter Distance> 34285.8300 Closure Error Distance> 0.0079 Error Bearing> S 01009 11" E Closure Precision> 1 in 4363529.76 Exhibit E A BILL TO BE ENTITLED 1 AN ACT FILED APR - 4 2007 -.B. No. 6:2 2 relating to the creation of the 3 B&J Municipal Utility District; 3 providing authority to impose a tax and issue bonds; granting the 4 power of eminent domain. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 6 SECTION 1. Subtitle F, Title 6, Special District Local Laws 7 Code, is amended by adding Chapter 8221 to read as follows: 8 CHAPTER 8221, 3 B&J MUNICIPAL UTILITY DISTRICT 9 SUBCHAPTER A. GENERAL PROVISIONS 10 Sec. 8221.001. DEFINITIONS. In this chapter: 11 (1) "Board" means the district's board of directors. 12 (2) "Director" means a board member. 13 (3) "District" means the 3 B&J Municipal Utility 14 District. 15 Sec. 8221.002. NATURE OF DISTRICT. The district is a 16 municipal utility district created under and essential to 17 accomplish the purposes of Section 59, Article XVI, Texas 18 Constitution. 19 Sec. 8221.003. CONFIRMATION ELECTION REQUIRED. (a) The 20 board shall hold an election to confirm the creation of the district 21 as provided by Section 49.102, Water Code. 22 (b) If the creation of the district is not confirmed at a 23 confirmation election before September 1, 2011: 24 (1) the district is dissolved September 1, 2011, 8OR13640 HLT -F 11 1 except that the district shall: 2 (A) pay any debts incurred; 3 (B) transfer to Williamson County any assets that 4 remain after the payment of debts; and 5 (C) maintain the organization of the district 6 until all debts are paid and remaining assets are transferred; and 7 (2) this chapter expires September 1, 2014. 8 9 Sec. 8221.004, land and other FINDINGS OF BENEFIT property in the district AND PUBLIC PURPOSE, All will benefit from the 10 improvements and services to be provided by the district. 11 Sec. 8221.005. INITIAL DISTRICT TERRITORY. (a) The 12 district is initially composed 16 of the territory described by 13 Section 2 of the Act creating this chapter. 14 15 (b) The boundaries and field the Act creating this chapter form a notes contained in Section closure. A mistake 2 of made in the 16 field notes or in co�.ying the field notes in the legislative process 17 does not affect the district's: 18 (1) organization, existence, or validity; 19 (2) right to issue any type of bond for a purpose for 20 which the district is created or to pav the principal of and 21 interest on the bond; 22 (3) right to impose an assessment or tax; or 23 (4) legality or operation. 24 [Sections 8221.006-8221.050 reserved for expansion] 25 SUBCHAPTER B. BOARD OF DIRECTORS 26 Sec. 8221.051, GOVERNING BODY; TERMS. (a) The district is 27 governed by a board of five directors. 8OR13640 HLT -F 2 1 (b) Directors serve staggered four-year CONSENT terms. 2 Sec. 8221.052. INITIAL DIRECTORS. (a) The initial board 3 consists of: 4 (1) Duane McGlauflin; 5 (2) Bryan Teich; 6 (3) Joe Owen; 7 (4) Harold Schneider; and 8 (5) Kerry Wiggins. 9 (b) Unless the initial board agrees otherwise, the initial 10 directors shall draw lots to determine which two shall serve until 11 the first regularly scheduled election of directors and which three 12 shall serve until the second regularly scheduled election of 13 directors. 14 (c) This section expires September 1, 2014._ 15 [Sections 8221.053-8221.100 reserved for expansion] 16 SUBCHAPTER C. POWERS AND DUTIES 17 Sec. 8221.101, GENERAL POWERS AND DUTIES. The district has 18 the powers and duties necessary to accomplish the purposes for 19 which the district is created. 20 Sec. 8221.102. MUNICIPAL UTILITY DISTRICT POWERS AND 21 DUTIES. The district has the powers and duties provided by the 22 general law of this state, including Chatters 49 and 54, Water Code, 23 applicable to municipal utility districts created under Section 59, 24 Article XVI. Texas Constitution, 25 Sec. 8221.103. COMPLIANCE WITH MUNICIPAL CONSENT 26 RESOLUTION. The district shall comply with all applicable 27 requirements of any resolution, adopted by the governing body of a 80813640 HLT -F 3 1 municipality under Section 54.016, Water Code, that consents to the 2 creation of the district or to the inclusion of land in the 3 district. 4 Sec, 8221.104. WASTEWATER TREATMENT FACILITY DESIGN 5 APPROVAL. The district must obtain the approval of the Brazos River 6 Authority for the design of any district wastewater treatment 7 facilitv. 8 Sec. 8221.105. WASTEWATER SERVICE PROVIDERS. Only the 9 Brazos River Authority or a provider approved by the Brazos River 10 Authority may provide wastewater service in the district. 11 Sec, 8221.106. COMPLIANCE WITH OCTOBER 2003 AGREEMENT. The 12 district shall comply with the terms of the "Agreement Regarding 13 Sewer Services Areas and Customers" among the Lower Colorado River 14 Authority, the Brazos River Authority, the City of Georgetown, the 15 City of Liberty Hill, and the Chisholm Trail Special Utility 16 District dated October 31, 2003, 17 Sec, 8221.107, STREET REPAIR AND MAINTENANCE, After July 18 1, 2017, the district shall repair and maintain anv streets in the 19 district. 20 [Sections 8221.108-8221.150 reserved for expansion] 21 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS 22 Sec, 8221.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The 23 district The may issue, without an election, bonds and other 24 obligations secured by revenue or contract payments from a source 25 other than ad valorem taxation. 26 (b) The district must hold an election in the manner 27 provided by Chapters 49 and 54, Water Code, to obtain voter approval 8OR13640 HLT -F 4 before the district may impose an ad valorem tax or issue bonds 2 payable from ad valorem taxes. 3 4 Sec. authorized 8221.152. OPERATION AND MAINTENANCE TAX. at an election held under Section 8221.151, (a) the district If 5 may impose an operation and maintenance tax on taxable property in or partly from ad valorem taxes, impact fees, 6 the district as provided by Chapter 49.107, Water Code. 7 (b) The board shall determine the tax rate. The rate may not 8 exceed the rate approved at the election. 9 [Sections 8221.153-8221.200 reserved for expansion] 10 SUBCHAPTER E. BONDS 11 Sec. 8221.201. AUTHORITY TO ISSUE BONDS AND OTHER 12 OBLIGATIONS. The district may issue bonds or other obligations purpose. 13 payable wholly or partly from ad valorem taxes, impact fees, 14 revenue, grants, or other district money, or any combination of 15 those sources, bonds to pay for any authorized district purpose. 16 Sec. 8221.202. to TAXES FOR BONDS AND OTHER OBLIGATIONS. At 17 the time bonds or other obligations payable wholly or partly from ad 18 valorem taxes are issued: 19 (1) the board shall impose a continuing direct annual 20 ad valorem tax, without limit as to rate or amount, for each year 21 that all or part of the bonds are outstanding; and 22 (2) the district annually shall impose an ad valorem 23 tax on all taxable property in the district in an amount sufficient 24 to• 25 (A) pay the interest on the bonds or other 26 obligations as the interest becomes due; 27 (B) create a sinking fund for the payment of the 8OR13640 HLT -F 1 principal of the bonds or other obligations when due or the 2 redemption price at any earlier required redemption date; and 3 (C) pay the expenses of imposing the taxes. 4 SECTION 2. The 3 B&J Municipal Utility District initially 5 includes all the territory contained in the following area: 6 TRACT 1 7 DESCRIPTION OF 545.85 ACRES OUT OF THE C.H. DELANEY SURVEY, 8 ABSTRACT NO 181, THE LEWIS P. DYCHES SURVEY, ABSTRACT NO, 171, THE 9 ROBERT BAKER SURVEY, ABSTRACT NO. 824, THE DELORES CASANOVA SURVEY, 10 ABSTRACT NO. 128, THE H.J. HAYHERST SURVEY, ABSTRACT N0, 305, AND 11 THE JAMES NORTHCROSS SURVEY, ABSTRACT N0. 478 IN WILLIAMSON COUNTY, 12 TEXAS, BEING ALL THAT CERTAIN FIRST TRACT DESCRIBED AS 18.2 ACRES, 13 SECOND TRACT DESCRIBED AS 113, 91 ACRES, THIRD TRACT DESCRIBED AS 14 169.16 ACRES, FOURTH TRACT DESCRIBED AS 79.24 ACRES, FIFTH TRACT 15 DESCRIBED AS 134.95 ACRES, AND SIXTH TRACT DESCRIBED AS 3.48 ACRES 16 IN AN INSTRUMENT TO W.H. CARDWELL RECORDED IN VOLUME 495, PAGE 84 OF 17 THE DEED RECORDS OF SAID COUNTY, BEING ALL THAT CERTAIN 20.31 ACRE 18 TRACT OF LAND DESCRIBED IN AN INSTRUMENT TO W.H. CARDWELL RECORDED 19 IN VOLUME 495, PAGE 87 OF SAID DEED RECORDS, BEING A PORTION OF THAT 20 CERTAIN 451.6 ACRE TRACT OF LAND DESCRIBED IN AN INTRUMENT TO W.H. 21 CARDWELL RECORDED IN VOLUME 529, PAGE 342 OF SAID DEED RECORDS, AND 22 BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: 23 BEGINNING at an iron rod found in the southwesterly right-of-way 24 line of Williamson County Road No. 248 at the east corner of said 25 20.31 acre tract of land for an east corner and PLACE OF BEGINNING 26 hereof; 27 THENCE, with the south line of said 20.31 acre tract of land and the BOR13640 HLT -F 6 i 1 south line of said Fifth Tract, same being the north line of said 2 451.6 acre tract of land. South 70 degrees 50 minutes 00 seconds 3 West for a distance of 3,065.57 feet to a cotton gin spindle set in 4 the east line of said Third Tract at the southwest corner of said 5 Fifth Tract, same being the northwest corner of said 451.6 acre 6 tract of land for an interior corner hereof; 7 THENCE, with the east line of said Third Tract, in part, and the 8 east lines of said Second and First Tracts, same being the west line 9 of said 451.6 acre tract of land, the following courses: 10 1. South 18 degrees 57 minutes 38 seconds East for a 11 distance of 2,128.41 feet to an iron rod set at an angle point; 12 2. South 68 degrees 46 minutes 17 seconds West for a 13 distance of 15.90 feet to an iron rod set at an angle point; 14 3. South 18 degrees 37 minutes 31 seconds East for a 15 distance of 1,217.94 feet to cedar fence post at an angle point; 16 4. South 25 degrees 14 minutes 24 seconds East for a 17 distance of 239.36 feet to an iron rod set at a 12" Elm and a 14" 18 Live Oak for an angle point; 19 5. South 18 degrees 43 minutes 28 seconds East for a 20 distance of 1,502.44 feet to an iron rod set in the east line of said 21 First Tract, of a 272.07 acre tract of land same being a westerly line of said 451.6 acre tract of 22 land for an interior corner hereof, from which an iron rod found at 23 an angle point in the north line of a 272.07 acre tract of land 24 described in an instrument to J. Nolan Harvey, and wife Louise 25 Harvey, same being the southeast corner of said First Tract, same 26 being the southwest corner of said 451.6 acre tract of land bears 27 south 18 degrees 43 minutes 28 seconds east, a distance of 100.32 80R13640 HLT -F 7 1 feet; 2 THENCE, departing said common line, through the interior of said 3 451.6 acre tract of land, with a line 100.00 feet northerly of and 4 parallel with the north line of said 272.07 acre tract of land, same 5 being the south line of said 451.6 acre tract, the following 6 courses: 7 1, North 66 degrees 42 minutes 38 seconds East for a 8 distance of 1,112.14 feet to an iron rod set for an angle point 9 hereof; 10 2. North 65 degrees 13 minutes 46 seconds East for a 11 distance of 2,227.44 feet to an iron rod set for an angle point 12 hereof; 13 3. North 71 degrees 13 minutes 45 seconds East for a 14 distance of 105.24 feet to an iron rod set for a corner hereof; 15 THENCE, South 18 degrees 46 minutes 15 seconds East for a distance 16 of 100.00 feet to an iron rod set in the north right-of-way line of 17 Williamson County Road No. 247, as used on the ground, same being 18 the south line of said 451.6 acre tract of land, for the easternmost 19 corner hereof, from which an iron rod set at the southeast corner of 20 said 451.6 acre tract of land bears North 71 degrees 13 minutes 45 21 seconds East, a distance of 1,293.93 feet; 22 THENCE, with the north right-of-way line of said County Road, same 23 being the south line of said 451.6' acre tract of land, South 71 24 degrees 13 minutes 45 seconds West for a distance of 100.00 feet to 25 an iron rod set at a point described as the point of abandonment of 26 said County Road in said Volume 529, Page 342 for an angle point 27 hereof; 8OR13640 HLT -F 8 1 THENCE, continuing with the south line of said 451.6 acre tract of 2 land, same being the north line of said 272.07 acre tract of land, 3 the following courses: 4 1. South 65 degrees 13 minutes 46 seconds West for a 5 distance of 2,223.49 feet to an iron rod found for an angle point: 6 2. South 66 degrees 42 minutes 38 seconds West for a 7 distance of 1,121.42 feet to an iron rod found at an angle point in 8 the north line of said 272.07 acre tract of land, same being the 9 southwest corner of said 451.6 acre tract of land, same being the 10 southeast corner of said First Tract for an angle point hereof: 11 THENCE, continuing with the north line of said 272.07 acre tract of 12 land, same being the south line of said First Tract, South 77 13 degrees 03 minutes 37 seconds West for a distance of 2,567.68 feet 14 to an iron rod set for the southwest corner of said First Tract, for 15 the southwest corner hereof; 16 THENCE, with the west lines of said First Tract, Second Tract, Third 17 Tract, and Fourth Tract, same being the southern most west line 18 hereof, the following courses: 19 1. North 17 degrees 17 minutes 19 seconds West for a 20 distance of 1,213.15 feet to an iron rod set for an angle point in 21 the west line of said Second Tract (an iron pipe called to be said 22 angle point in the description of said Second Tract found laying on 23 the ground at this point) for an angle point hereof; 24 2, North 8 degrees 58 minutes 00 seconds West for a distance 25 of 1,344.62 feet to an iron rod set for an angle point in the west 26 line of said Third Tract for an angle point hereof; 27 3. North 18 degrees 46 minutes 28 seconds West for a 8OR13640 HLT -F 9 1 distance of 1,893.17 feet to an iron rod found at an angle point in 2 the west line of said Third Tract, same being the most easterly 3 northeast corner of a 325.51 acre tract of land described in an 4 instrument recorded in Volume 1996, Page 565 of the Official 5 Records of said County for an angle point hereof; 6 4. North 17 degrees 44 minutes 17 seconds West for a 7 distance of 2,427.60 feet to a P.K. nail set at a fence corner at the 8 northwest corner of said Fourth Tract for the most westerly 9 northwest corner hereof; 10 THENCE, with the north line of said Fourth Tract, the following 11 courses: 12 1. North 65 degrees 13 minutes 12 seconds East for a 13 distance of 800.97 feet to an iron rod set for an angle point; 14 2. North 72 degrees 36 minutes 12 seconds East for a 15 distance of 1,447.25 feet to an iron rod set in the west line of said 16 Fifth Tract, same being the northeast corner of said Fourth Tract 17 for an interior corner hereof; 18 THENCE, with the west line of said Fifth Tract, North 18 degrees 43 19 minutes 15 seconds West for a distance of 1,682.71 feet to an iron 20 rod found at the southwest corner of a 100 acre tract of land 21 described in an instrument to Theofil L. Zurovetz and wife Rose 22 Marie Zurovetz recorded in Volume 503, Page 481 of said Deed 23 Records, same being the northwest corner of said Fifth Tract for the 24 most northerly northwest corner hereof; 25 THENCE, with the south line of said 100 acre tract of land, same 26 being the north line of said Fifth Tract, the following courses: 27 1. North 71 degrees 32 minutes 43 seconds East for a 80R13640 HLT -F 10 r. 1 distance of 677.86 feet to an iron rod found, 2 2. North 71 degrees 32 minutes 01 seconds East for a 3 distance of 860.90 feet to an iron rod set in the west line of said 4 County Road No. 248 at the northeast corner of said Fifth Tract for 5 the northeast corner hereof; 6 THENCE, with the west line of said County Road No. 248 and the east 7 line of said Fifth Tract, the following courses: 8 1. South 27 degrees 58 minutes 53 seconds East for a 9 distance of 359.95 feet to an iron rod set for an angle point; 10 2. South 19 degrees 18 minutes 53 seconds East for a 11 distance of 1,284.81 feet to an iron rod set for an angle point; 12 3. South 20 degrees 58 minutes 53 seconds East for a 13 distance of 339.95 feet to a 30" Live Oak found at the north corner 14 of said Sixth Tract for an angle point hereof; 15 THENCE, continuing with the west line of said County Road 248, same 16 being the east lines of said Sixth Tract, and said 20.31 acre tract 17 of land, the following courses: 18 1. South 42 degrees 18 minutes 42 seconds East for a 19 distance of 570.08 feet to an iron rod set for an angle point; 20 2. South 66 degrees 41 minutes 25 seconds East, at 324.00 21 feet pass an iron rod found at the southeast corner of said Sixth 22 Tract, same being the northeast corner of said 20.31 acre tract of 23 land, and continue on for a total distance of 1,223.85 feet to an 24 iron rod set for an angle point; 25 3. South 62 degrees 41 minutes 25 seconds East for a 26 distance of 431.93 feet to the PLACE OF BEGINNING and containing 27 545.85 acres of land, more or less. 8OR13640 HLT -F 11 M 1 BEARING BASIS: Bearings recited herein are based on the record 2 bearing of the north line of the herein described 451.6 acre tract 3 of land. 4 SECTION 3. (a) The legal notice of the intention to 5 introduce this Act, setting forth the general substance of this 6 Act, has been published as provided by law, and the notice and a 7 copy of this Act have been furnished to all persons, agencies, 8 officials, or entities to which they are required to be furnished 9 under Section 59, Article XVI, Texas Constitution, and Chapter 313, 10 Government Code. 11 (b) The governor, one of the required recipients, has 12 submitted the notice and Act to the Texas Commission on 13 Environmental Quality. 14 (c) The Texas Commission on Environmental Quality has filed 15 its recommendations relating to this Act with the governor, the 16 lieutenant governor, and the speaker of the house of 17 representatives within the required time. 18 (d) All requirements of the constitution and laws of this 19 state and the rules and procedures of the legislature with respect 20 to the notice, introduction, and passage of this Act are fulfilled 21 and accomplished. 22 SECTION 4. This Act takes effect immediately if it receives 23 a vote of two-thirds of all the members elected to each house, as 24 provided by Section 39, Article III, Texas Constitution. If this 25 Act does not receive the vote necessary for immediate effect, this 26 Act takes effect September 1, 2007. 80R13640 HLT -F 12