Bill Text: TX HB5383 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation of the River Ranch Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-17 - Recommendations filed with the Speaker [HB5383 Detail]
Download: Texas-2023-HB5383-Introduced.html
By: Wilson | H.B. No. 5383 |
|
||
|
||
relating to the creation of the River Ranch Municipal Utility | ||
District No. 1; granting a limited power of eminent domain; | ||
providing authority to issue bonds; providing authority to impose | ||
assessments, fees, and taxes. | ||
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 8004A to read as follows: | ||
CHAPTER 8004A. RIVER RANCH MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8004A.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the River Ranch Municipal Utility | ||
District No. 1. | ||
Sec. 8004A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8004A.0103. CONFIRMATION AND DIRECTOR 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. 8004A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8004A.0103 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 as required by | ||
applicable law. | ||
Sec. 8004A.0105. 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. 8004A.0106. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting 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. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8004A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 8004A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8004A.0202. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting 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 commission 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 8004A.0103; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 8004A.0103 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 8004A.0103; 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 commission 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. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8004A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8004A.0302. 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. 8004A.0303. 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. 8004A.0304. 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. 8004A.0305. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCE OR RESOLUTION. 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8004A.0401. 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 | ||
8004A.0403. | ||
(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. 8004A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8004A.0401, 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. 8004A.0403. 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. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8004A.0501. 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. 8004A.0502. 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. 8004A.0503. 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 River Ranch Municipal Utility District No. 1 | ||
initially includes all the territory contained in the following | ||
area: | ||
Tract 1 | ||
Approximately 128.32 acres of land out of the Benjamin S. Mudd | ||
Survey, Abstract No. 438, in Williamson County, Texas, and being | ||
more particularly described by metes and bounds on Exhibit "A" | ||
attached hereto and made a part hereof for all purposes. | ||
Tract 2 | ||
Approximately 160.40 acres of land out of the Benjamin S. Mudd | ||
Survey, Abstract No. 438 and the A.W. Rowlett Survey in Williamson | ||
County, Texas, and being more particularly described by metes and | ||
bounds on Exhibit "B" attached hereto and made a part hereof for all | ||
purposes. | ||
Tract 3 | ||
Approximately 19.942 acres of land out of the John B. Berry Survey, | ||
Abstract No. 56, in Williamson County, Texas, and being more | ||
particularly described by metes and bounds on Exhibit "C" attached | ||
hereto and made a part hereof for all purposes. | ||
Tract 4 | ||
Approximately 740.48 acres of land out of the Stephen Thornton | ||
Survey, Abstract No. 611, the Richard West Survey, Abstract | ||
No. 643, the Benjamin S. Mudd Survey, Abstract No. 438, and the | ||
John B. Berry Survey, Abstract No. 56, all situated in Williamson | ||
County, Texas, and being more particularly described as three | ||
tracts of land labeled First Tract (containing approximately 239 | ||
acres), Second Tract (containing approximately 199 acres) and Third | ||
Tract (containing approximately 392.45 acres), LESS, SAVE AND | ||
EXCEPT 89.972 acres, all as described by metes and bounds on Exhibit | ||
"D" attached hereto and made a part hereof for all purposes. | ||
Tract 5 | ||
Approximately 395.38 acres of land out of the Benjamin S. Mudd | ||
Survey, Abstract No. 438, the John B. Berry Survey, Abstract | ||
No. 56, and the Stephen Thornton Survey, Abstract No. 611, all | ||
situated in Williamson County, Texas, and being more particularly | ||
described by metes and bounds on Exhibit "E" attached hereto and | ||
made a part hereof for all purposes. | ||
EXHIBIT A | ||
BEING 128.32 acres of land, situated in the B. S. Mudd Survey, | ||
Abstract No. 438, in Williamson County, Texas; said land being a | ||
portion of that certain tract of land, called 182.27 acres, as | ||
described in a deed to Roy A. Butler of record in Volume 818, Page | ||
149, of the Deed Records of Williamson County, Texas. Surveyed on | ||
the ground in the month of January, 1985, under the supervision of | ||
Don H. Bizzell, Registered Public Surveyor, and being more | ||
particularly described: | ||
BEGINNING at an iron pin found at a fence corner on the Southwest | ||
line of State Highway No. 29, marking the Northeast corner of the | ||
above-referenced 182.27 acre tract, for the Northeast corner | ||
hereof; | ||
THENCE, with a fence, S 4° 46' E, 1,382.21 feet to a nail set at a | ||
fence post; S 29° 29' 30" W, 738.74 feet to an iron pin found; S 26° | ||
42' W, 112.76 feet to a fence post, crossing the South Fork of the | ||
San Gabriel River, S 30° 02' 30" W, 98.78 fee to a 12" Pecan Tree, and | ||
S 22° 33' 30" W, 789.94 feet to a nail set at a fence post at the east | ||
end of a rock wall, for the Southeast corner of the said 182.27 acre | ||
tract, for the Southeast corner hereof; | ||
THENCE, along the southerly edge of the said rock wall, as follows; | ||
S 78° 25' W, 104.75 feet to an iron pin found; N 82° 55' W, 76.34 feet | ||
to an iron pin found; N 72° 30' W, 77.68 feet to an iron pin found; N | ||
76° 21' W, 72.21 feet to a nail found; N 80° 00' 30" W, 195.45 feet to | ||
an iron pin found; N 84° 56' W, 71.33 feet to a nail set; N 81° 50' 30" | ||
W, 114.30 feet to an iron pin found; N 36° 10' W, 118.73 feet to a | ||
nail found; N 52° 13' W, 121.75 feet to an iron pin found; N 75° 56' W, | ||
105.66 feet to an iron pin found; N 26° 40' 30" W, 401.27 feet to an | ||
iron pin found; N 50° 50' 30" W, 38.03 feet to an iron pin found; N | ||
13° 09' 30" W, 99.95 feet to an iron pin found; N 27° 43' 30" W, 90.49 | ||
feet to an iron pin found; N 39° 13' 30" W, 66.85 feet to a nail set; | ||
N 52° 10' 30" W, 52.78 feet to a nail set in a stump and N 62° 36' 30" | ||
W, 79.55 feet to a nail set at a fence post for an interior corner of | ||
the said 182.27 acre tract, for an interior corner hereof; | ||
THENCE, with a fence, S 52° 59' W, 225.58 feet to a steel post; S 63° | ||
52' 30" W, 12.77 feet to a cedar post; S 87° 00' W, 171.93 feet to a | ||
fence post; N 77° 29' 30" W, 42.14 feet to a fence post and S 66° 49' | ||
30" W, 164.87 feet to an iron pin found at a fence corner for the | ||
most southerly Southwest corner of said 182.27 acre tract, for the | ||
most southerly Southwest corner hereof; | ||
THENCE, N 17 10' 30" W, 464.97 feet to an iron pin set for the most | ||
southerly Northwest corner of the said 182.27 acre tract, for the | ||
most southerly Northwest corner hereof; | ||
THENCE, N 72° 30' 30" E, 127.08 feet to a fence post; N 62° 20' 30" E, | ||
275.39 feet to a fence post 19° 37' 30" E, 89.00 feet to a point on | ||
the south bank of the South Fork of the San Gabriel River, for an | ||
interior corner of the said 182.27 acre tract, for an interior | ||
corner hereof; | ||
THENCE, upstream along the said south bank of the South Fork of the | ||
San Gabriel River, as follows; N 84° 41' W, 75.47 feet; N 77° 51' 30" | ||
W, 287.59 feet; and leaving the said south bank N 56° 06' 30" W, | ||
51.41 feet to a point in the center of said South Fork of the San | ||
Gabriel River for the most easterly corner hereof; | ||
THENCE, N 51° 00' E, 2,708.55 feet to an iron pin set on the said | ||
Southwest line of State Highway No. 29, being the Northeast line of | ||
the said 182.27 acre tract for the Northwest corner hereof; | ||
THENCE, along the said Southwest line of State Highway No. 29, as | ||
follows, along a curve to the left, (Radius = 2,945.20 feet, Long | ||
Chord bears S 61° 09' 30" E, 299.80 feet) an arc distance of 299.93 | ||
feet to a concrete monument found; S 69° 18' E, 220.98 feet to a | ||
concrete monument found; S 64° 04' 30" E, 99.88 feet to a concrete | ||
monument found and S 59° 45' 30" E, 95.18 feet to the Place of | ||
BEGINNING and containing 128.32 acres of land. | ||
Being the same property partitioned to Roy A. Butler by Partition | ||
Deed between Richard J. Alexander and Roy A. Butler dated January | ||
20, 1989, recorded at Vol. 1841, Page 799, Official Records of | ||
Williamson County, Texas. | ||
EXHIBIT B | ||
ALL OF THAT CERTAIN TRACT OF PARCEL OF LAND OUT OF THE B. S. MUDD | ||
SURVEY AND THE A. W. ROWLETT SURVEY IN WILLIAMSON COUNTY, TEXAS, | ||
BEING A PORTION OF THAT CERTAIN 1630.33 ACRE TRACT DESIGNATED AS | ||
TRACT 1 AND ALL OF THAT CERTAIN 154.24 ACRE TRACT DESIGNATED AS | ||
TRACT 3 AS CONVEYED TO W. E. BEBEE BY DEED RECORDED IN VOLUME 539, | ||
PAGE 347 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT | ||
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS | ||
FOLLOWS: | ||
BEGINNING at an iron stake found at the Southwest corner of the said | ||
Bebee Tract 3, being in the Northeasterly line of the said Bebee | ||
Tract 1, being at the Southeast corner of that certain 367.44 acre | ||
tract designated as Tract 2 as conveyed to W. E. Bebee by Deed | ||
recorded in Volume 539, Page 347 of the Deed Records of Williamson | ||
County, Texas; | ||
THENCE with the West line of the said Bebee Tract 3, as found fenced | ||
and used upon the ground, the following courses: | ||
N 18° 25' W for a distance of 534.85 feet to an iron stake | ||
N 18° 41' W for a distance of 775.61 feet to an iron stake | ||
N 18° 43' W for a distance of 271.46 feet to an iron stake | ||
N 18° 28' W for a distance of 206.27 feet to an iron stake | ||
N 19° 49' W for a distance of 159.38 feet to an iron stake | ||
N 18° 23' W for a distance of 519.51 feet to an iron stake | ||
N 18° 33' W for a distance of 459.07 feet to an iron stake | ||
N 17° 46' W for a distance of 491.08 feet to an iron stake | ||
N 15° 32' W for a distance of 491.54 feet to an iron stake for a | ||
corner hereof; | ||
THENCE N 30° 02' E for a distance of 23.38 feet to an iron stake set | ||
in a rock fence for a corner hereof; | ||
THENCE with the said rock fence, N 61° 52' W for a distance of 108.67 | ||
feet to an iron stake for a corner hereof; | ||
THENCE N 30° 34' W for a distance of 37.45 feet to an iron stake and N | ||
20°41' W for a distance of 36.57 feet to an iron stake set at a corner | ||
of the said rock fence for a corner hereof; | ||
THENCE continuing with the West line of the said Bebee Tract 3, the | ||
following courses: | ||
N 20° 33' E for a distance of 151.77 feet to an iron stake | ||
N 24° 06' E for a distance of 633.48 feet to an iron stake set | ||
on the South bank of the San Gabriel River; | ||
THENCE crossing the said river, N 31° 53' E for a distance of 90.21 | ||
feet to an iron stake set on the North bank of the said San Gabriel | ||
River; | ||
THENCE continuing with the West line of the said Bebee Tract 3, the | ||
following courses: | ||
N 26° 26' E for a distance of 126.96 feet to an iron stake | ||
N 30° 15' E for a distance of 737.47 feet to an iron stake | ||
N 04° 04' W for a distance of 1382.64 feet to an iron stake | ||
found in a fence in the South line of the State Highway #29, being at | ||
the Northwest corner of the said Bebee Tract 3, for the Northwest | ||
corner hereof; | ||
THENCE with the said fence in the South line of State Highway #29, | ||
the following courses: | ||
S 58° 57' E for a distance of 94.09 feet to an iron stake | ||
S 57° 14' E for a distance of 10.27 feet to an iron stake | ||
S 63° 56' E for a distance of 96.22 feet to an iron stake | ||
S 50° 12' E for a distance of 62.94 feet to an iron stake at the | ||
Northeast corner of the said Bebee Tract 3, for the Northeast corner | ||
hereof; | ||
THENCE with the East line of the said Bebee Tract 3, as found fenced | ||
and used upon the ground, the following courses: | ||
S 17° 28' E for a distance of 101.65 feet to an iron stake | ||
S 16° 07' E for a distance of 390.89 feet to an iron stake | ||
S 15° 35' E for a distance of 460.83 feet to an iron stake | ||
S 16° 05' E for a distance of 400.72 feet to an iron stake | ||
S 32° 30' E for a distance of 163.59 feet to an iron stake | ||
S 32° 17' E for a distance of 274.71 feet to an iron stake | ||
S 00° 37' W for a distance of 200.58 feet to an iron stake | ||
S 00° 40' W for a distance of 174.75 feet to an iron stake | ||
S 04° 03' E for a distance of 72.53 feet to an iron stake | ||
S 17° 09' W for a distance of 53.10 feet to an iron stake | ||
S 04° 22' W for a distance of 145.33 feet to an iron stake | ||
S 01° 34' E for a distance of 50.91 feet to an iron stake | ||
S 17° 13' W for a distance of 28.90 feet to an iron stake | ||
S 03° 35' W for a distance of 474.55 feet to an iron stake | ||
S 00° 24' E for a distance of 53.28 feet to an iron stake | ||
S 12° 05' W for a distance of 35.97 feet to an iron stake set at | ||
the end of a fence on the North bank of the San Gabriel River; | ||
THENCE crossing the said river, S 48° 48' W for a distance of 133.64 | ||
feet to an iron stake set at a fence corner on the South bank of the | ||
said river; | ||
THENCE continuing with the East line of the said Bebee Trace 3, as | ||
found fenced and used upon the ground, the following courses: | ||
S 19° 25' E for a distance of 89.35 feet to an iron stake | ||
S 18° 51' E for a distance of 320.95 feet to an iron stake | ||
S 18° 27' E for a distance of 299.80 feet to an iron stake | ||
S 18° 57' E for a distance of 477.07 feet to an iron stake | ||
S 18° 46' E for a distance of 207.29 feet to an iron stake | ||
S 18° 16' E for a distance of 655.35 feet to an iron stake | ||
S 19° 25' E for a distance of 416.85 feet to an iron stake | ||
S 18° 55' E for a distance of 555.42 feet to an iron stake | ||
S 21° 08' E for a distance of 378.97 feet to an iron stake | ||
found at the Southeast corner of the said Bebee Tract 3, being in | ||
the Northeasterly line of the said Bebee Tract 1, being at a | ||
Northerly corner of that certain 1122.07 acre tract as conveyed to | ||
Springfield, Inc. by Deed recorded in Volume 554, Page 636 of the | ||
Deed Records of Williamson County, Texas; | ||
THENCE along the Northerly line of the said 1122.07 acre | ||
Springfield, Inc. Tract, S 21° 08' E for a distance of 225.00 feet to | ||
an iron stake set at a fence corner for the Southeast corner hereof; | ||
THENCE continuing along the Northerly line of the said 1122.07 acre | ||
Springfield, Inc. Tract, S 71° 18' W for a distance of 1205.60 feet | ||
to an iron stake set for the Southwest corner hereof; | ||
THENCE N 18° 25' W for a distance of 222.36 feet to the PLACE OF | ||
BEGINNING and containing 160.40 acres of land, more or less. | ||
1. As to the most southerly 6 acres of this land, an undivided 1/2 | ||
interest in all metals, ores, granite, rocks, stones, and other | ||
minerals metallic or non-metallic, excluding caliche, but | ||
including oil and gas, as reserved to Wynona Bunny Marschall in deed | ||
to Richard D. Hardin dated August 29, 1969, recorded in Vol. 520, | ||
Page 506, Deed Records, Williamson County, Texas, together with all | ||
rights incident thereto. | ||
2. As to that portion of this land that is out of and a part of that | ||
certain 104.1 acre tract described in a deed recorded in Vol. 535, | ||
Page 717, Deed Records, Williamson County, Texas, a 1/16 royalty | ||
interest in and to all of the oil, gas, and other minerals in and | ||
under that may be produced, as reserved in deed dated December 28, | ||
1953, by Sam A. Kartson, et ux, recorded in Vol. 392, Page 571, Deed | ||
Records of Williamson County, Texas. | ||
3. Easement to Southwestern Bell by instrument dated July 17, | ||
1974, recorded in Vol. 594, Page 781, Deed Records, Williamson | ||
County, Texas. | ||
4. Channel easement to State of Texas dated December 12, 1956, | ||
recorded in Vol. 415, Page 533, Deed Records, Williamson County, | ||
Texas. | ||
5. Any right, title, interest or claim of any character had or | ||
asserted by the State of Texas or by the public generally in or to | ||
any portion of the herein described property which may lie within | ||
the bed or between the cut banks of a stream navigable in fact or in | ||
law or of a perennial stream. | ||
EXHIBIT C | ||
METES AND BOUNDS DESCRIPTION | ||
BEING 19.942 ACRES OF LAND SITUATED IN THE JOHN | ||
B. BERRY SURVEY, ABSTRACT NO. 56 IN WILLIAMSON COUNTY | ||
TEXAS, AS DESCRIBED IN PROBATE NO. 336,737 IN THE | ||
PROBATE COURT NO. 2, HARRIS COUNTY, TEXAS, AS SHOWN ON | ||
THE ATTACHED SKETCH, AND BEING MORE PARTICULARLY | ||
DESCRIBED AS METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING at an iron rod set at the most Easterly property corner of | ||
the said 19.942 acres of land, point being the most Northerly | ||
property corner of that certain 106.899 acre tract of land as | ||
conveyed to Liberty Hill Land Partnership, LTD. in document | ||
#2006079904 in the official public records of Williamson County, | ||
Texas, point being on the Southern Right of Way of Highway 29, point | ||
being the POINT OF BEGINNING of the herein described tract of land; | ||
Thence S 58°50' 09" W following the common property line of the said | ||
19.942 acres and the said 106.899 acres for a distance of 1009.57 | ||
feet to a fence corner for the most Southern property corner of the | ||
said 19.942 acres, point being on the Northeastern property line of | ||
that certain 216.71 acres of land as conveyed to Liberty Hill Land | ||
Partnership, LTD. in document #2006079904 in the official public | ||
records of Williamson County, Texas; | ||
Thence N 22° 07' 14" W following the common property line of the said | ||
19.942 acres and the said 216.71 acres for a distance of 1459.82 | ||
feet to a fence post found; | ||
Thence N 63° 39' 49" W for a distance of 230.02 feet to a fence post | ||
found; | ||
Thence N 81° 58' 29" W for a distance of 79.90 feet to a calculated | ||
point, point being on the Eastern property line of that certain 2.00 | ||
acre tract of land conveyed to J. L. Baker as described in volume | ||
422 page 143 of the official public records of Williamson County, | ||
Texas, point being in the center of a creek; | ||
Thence N 08° 01' 31" E following the common property line of the said | ||
2.00 acres of land and the said 19.942 acres for a distance of | ||
155.85 feet to a calculated point, point being in the center of a | ||
creek, point being the most Northern property corner of the said | ||
20.042 acre tract of land, point being on the said Southern ROW of | ||
Highway 29; | ||
Thence S 56° 19' 05" E following the said ROW of HWY 29 for a distance | ||
of 69.42 feet to a fence post corner found; | ||
Thence S 54° 33' 33" E for a distance of 642.00 feet to a concrete | ||
monument found; | ||
Thence S 43° 14' 38" E for a distance of 168.90 feet to an iron rod | ||
set; | ||
Thence S 50° 44' 46" E following a curve to the left having a radius | ||
of 1005.40 feet, a delta of 14° 43' 00" and a chord distance of | ||
257.53 feet to an iron rod set; | ||
Thence S 57° 33' 05" E for a distance of 944.18 feet to the point of | ||
beginning containing 19.942 acres of land more or less. | ||
EXHIBIT D | ||
FIRST TRACT: A tract out of, and a part of the Stephen Thornton | ||
Survey patented to Mathias Wilbarger by Patent No. 792, Vol. 2, | ||
Cert. 255, dated October 1st, 1850, Abst. No. 611, and described by | ||
metes and bounds as follows, to wit: | ||
BEGINNING at a stake in the E line of said Stephen Thornton 1280 | ||
acre survey on the S bank of the S San Gabriel where said East line | ||
of said Thornton Survey crosses the San Gabriel; | ||
THENCE S 19 E 1350 vrs to the SW corner of the Richard West League, | ||
same being a corner of said Stephen Thornton Survey; | ||
THENCE S 71 W 801 vrs to corner; | ||
THENCE N 19 W 1948.3 vrs to a red oak tree for the NW corner; | ||
THENCE N 71 E__vrs to the San Gabriel; | ||
THENCE down the San Gabriel with its meanders in the center of the | ||
channel thereof, to the PLACE OF BEGINNING, containing 239 acres of | ||
land more or less. | ||
SECOND TRACT: A tract out of, and a part of the Richard West 1 League | ||
Survey patented to Thomas B. Huling as assignee, by patent No. 241, | ||
Vol. 11, Certificate No. 273, dated September 22nd, 1864, Abst. | ||
No. 643, said part of said survey herein conveyed being described | ||
by metes and bounds as follows: | ||
BEGINNING on the SW line of the land owned by John B. Berry; | ||
THENCE N 71 E 1550 vrs to the SE corner of said Berry Survey; | ||
THENCE S 19 E 555; | ||
THENCE S 71 W 980 vrs; | ||
THENCE S 19 E 170 vrs; | ||
THENCE S 24 W 710 vrs to the North Fork of the South San Gabriel; | ||
THENCE up said San Gabriel to the W line of said Survey of Richard | ||
West. | ||
THENCE N 19 W on the W line of said survey, 1245 vrs to the PLACE OF | ||
BEGINNING, containing 199 acres of land, more or less. | ||
THIRD TRACT: Containing 392.45 acres composed of 355.51 acres of | ||
land a part of the Stephen Thornton survey 28.7 acres of land out of | ||
the Benjamin S. Mudd Survey, and 8.24 acres of land out of the John | ||
B. Berry Survey situated in Williamson County, Texas, described in | ||
one body as follows: About 15 miles W of the Town of Georgetown, | ||
Texas, containing 392.45 acres, more or less, and consisting of the | ||
following surveys and parts of surveys, to wit: | ||
355.51 acres of land, being out of the Stephen Thornton Survey, | ||
Abstract No. 611, Certificate No. 255, Patent No. 792, Vol. 2, | ||
dated October 1, 1850; | ||
28.7 acres of land, being out of the Benjamin S. Mudd Survey, | ||
Abstract No. 438, Certificate No. 457, Patent No. 550, Vol. 2, | ||
dated June 28, 1849; and | ||
8.24 acres of land, being out of the John B. Berry Survey, Abstract | ||
No. 56, Certificate No. 928/1027, Patent No. 1070, Vol. 6, dated | ||
August 11th, 1849; said 392.45 acres being described by metes and | ||
bounds as follows: | ||
BEGINNING at a point S 19-45 E and 230 vrs. distant from the NW | ||
corner of the aforementioned Thornton Survey, an iron stake and | ||
stone mound for the most westerly NW corner hereof; | ||
THENCE with the meanderings of a wire fence as follows: | ||
N 31-16 E 90.2 vrs.; N 32-1 E 93.3 vrs.; N 38-16 E 71 vrs.; N 40-57 E | ||
31.1 vrs.; and N 39-52 E 21.6 vrs. to a cedar fence post atop of a | ||
high bluff; | ||
THENCE N 18-58 E 72.7 vrs crossing the S San Gabriel River at a point | ||
of the East Bank of said Stream where the N line of the | ||
aforementioned Thornton Survey intersects said East Bank; | ||
THENCE with a wire and rock fence as follows: N 58-11 E 31.1 vrs and | ||
N 71-28 E 526 vrs to a corner; | ||
THENCE N 10-38 E with a wire fence 851.9 vrs to a cedar fence post on | ||
the West bank of a spring branch; said point is also the SW corner of | ||
J. C. Parks tract. | ||
THENCE with the meanderings of a wire fence on the E bank of the | ||
aforementioned branch as follows: S 84-57 E 29.5 vrs, S 5-17 E 39.2 | ||
vrs; S 63.2 E 82/4 vrs a cedar post for corner; | ||
THENCE S 20-1 E at 510 vrs cross the S line of the aforementioned | ||
Berry Survey which is also the N line of the "Panhandle" of said | ||
Mudd Survey at 609 vrs cross the S line of the "Panhandle" of said | ||
Mudd Survey which is also the N line of the said Thornton Survey at | ||
1598.5 vrs in all a cedar fence post in a rock fence for corner; | ||
THENCE with the meanderings of a wire fence as follows: S 71-38 W | ||
56.2 vrs S 5.32 W 30.4 vrs; S 24.45 W at 46.7 vrs a point in the | ||
center of the channel of the aforementioned S fork of the San | ||
Gabriel river; | ||
THENCE with the center of said stream about as follows: N 84 W 110.3 | ||
vrs N 73.9 W 139 vrs; and S 88-15 W 91.9 vrs; | ||
THENCE 23-17 W 24.7 vrs a cedar post atop a bluff on the S side of | ||
said River; | ||
THENCE with the meanderings of a wire fence as follows: S 49-11 W 59 | ||
vrs; S 63-44 W 41 vrs; S 63-31 W 63.4 vrs; S 69-56 W 47.6 vrs; S 31-53 | ||
W 165.6 vrs; S 58-41 W 56.4 vrs; S 20-54 W 23.1 vrs a cedar post for | ||
corner; | ||
THENCE 19-48 E 1170.2 vrs a cedar post on N bank of Wright Branch for | ||
corner; | ||
THENCE with a wire fence along the North Bank of said Branch S 50-32 | ||
W 133.2 vrs to a cedar post at the NE corner of the aforementioned | ||
7.72 acre tract conveyed to the said Asa N. Sedwick; | ||
THENCE with a wire fence (new) along the N line of said 7.72 acre | ||
tract S 50-43 W 441.4 vrs to a cedar post in the W line of a 400.17 | ||
acre tract at the NW corner of said 7.72 acre tract and the SW corner | ||
hereof; | ||
THENCE with the W line of a 400.17 acre tract N 19-45 W 2188.1 vrs to | ||
the PLACE OF BEGINNING. | ||
SAVE AND EXCEPT that the property out of the Richard West Survey | ||
conveyed to the State of Texas for highway purposes by deed recorded | ||
in Vol. 415, Page 555 of the Deed Records of Williamson County, | ||
Texas, described as follows, to-wit: | ||
BEING 89.972 acres of the Richard West Survey, Abstract No. 643, in | ||
Williamson County, Texas; part of the 199 acre Second Tract that is | ||
described in a deed to Roy Butler, et. al., recorded in Vol. 523, | ||
Pg. 76, Deed Records of Williamson County, Texas. Surveyed on the | ||
ground in February of 1994, by William F. Forest, Jr., Registered | ||
Professional Land Surveyor No. 1847. | ||
BEGINNING at an iron pin at the Southeast fence corner of the said | ||
199 acre Butler tract. | ||
THENCE along the fenced South boundary of the 199 acre tract and the | ||
North line of a tract conveyed to Fannie L. Marcom, et. al., S 71 | ||
deg. 33 min. 15 sec. W 1219.31 feet to an iron pin set and S 71 deg. | ||
23 min. W 791.2 feet to an iron found at a fence corner. | ||
THENCE with the East line of State Highway 29, N 52 deg. 10 min. 50 | ||
sec. W 103.34 feet to a concrete monument found West of the fence; N | ||
52 deg. 00 min. 25 sec. W 488.41 feet to a concrete monument found | ||
West of the fence; N 45 deg. 03 min. 45 sec. W 383.42 feet to an iron | ||
pin set by a cedar post; and N 55 deg. 37 min. W 937.46 feet to an | ||
iron pin found 1 foot West of a fence corner, at the intersection of | ||
the East line of State Highway 29 with the North line of the said 199 | ||
acre tract. | ||
THENCE along a fence existing on the North side of a gravel road and | ||
along the South boundary of the Edward Parks property described in | ||
Probate Records, Vol. 85, Page 637, N 73 deg. 29 min. E 630.8 feet to | ||
a nail set in the root of a 24 inch Liveoak; N 71 deg. 04 min. E | ||
755.97 feet to a pipe post found at a fence corner existing on the | ||
East side of the gravel road. | ||
THENCE along the fenced South boundary of a tract conveyed to Leroy | ||
Hall as described in Vol. 475, Page 57, N 71 deg. 35 min. 10 sec. E | ||
28.86 feet to an iron pin set East of a 24 inch Liveoak; N 72 deg. 26 | ||
min. 55 sec. E 461.97 feet to an iron pin found East of a 24 inch | ||
Liveoak; N 72 deg. 35 min. 25 sec. E 472.18 feet to an iron pin set | ||
at the South base of a creosote fence corner post; and N 72 deg. 54 | ||
min. 35 sec. E 462.93 feet to an iron pin set in a fence. | ||
THENCE S 26 deg. 58 min. 50 sec. E 12.44 feet to an iron pin found at | ||
a fence corner; | ||
THENCE along the most Easterly of two fences existing on the West | ||
boundary of a tract conveyed to Stewart S. Nemir as described in | ||
Vol. 1969, Pg. 173, S 18 deg. 35 min. 50 sec. E 712.29 feet to an | ||
iron pin set at the West base of a steel fence post; and S 18 deg. 36 | ||
min. 25 sec. E 814.11 feet to the POINT OF BEGINNING. | ||
Being the same property conveyed to Roy A. Butler by Warranty Deed | ||
from Marvin Hall and wife, Theo Mae Hall, dated December 10, 1969 | ||
EXHIBIT E | ||
BEING 395.38 acres of land out of and part of the B. S. Mudd Survey, | ||
Abstract No. 438, in the John B. Berry Survey, Abstract No. 56, and | ||
the Stephen Thornton Survey, Abstract No. 611, all situated in | ||
Williamson County, Texas, said 395.38 acre tract being more | ||
particularly described as being that certain tract of land conveyed | ||
by deed from Clarence J. Duey and wife, Roberta I. Duey to Floyd | ||
Cantwell and wife, Helen Cantwell, of record in Volume 524, Page | ||
107, of the Williamson County Deed Records, Williamson County, | ||
Texas, said 395.38 acre tract being more fully described by metes | ||
and bounds as follows: | ||
BEGINNING at a steel pin and fence corner on or near the common line | ||
between the above said B. S. Mudd Survey and the Stephen Thornton | ||
Survey, said fence corner being the southwest corner of the above | ||
said Floyd Cantwell tract, and being the southwest corner of the | ||
395.38 acre tract herein described; | ||
THENCE with the fence along the west line of this survey, N 22 deg. | ||
04' W 3503.3 feet to a point at the center of the South San Gabriel | ||
River; | ||
THENCE down said River S 72 deg. 15' E 135.0 feet to a point for an | ||
interior corner of this survey; | ||
THENCE leaving said River and with the fence along the west line of | ||
said Cantwell tract the following six (6) courses: | ||
1. N 00 deg. 47' E 845.0 feet to a bend in said fence; | ||
2. N 13 deg. 12' E 54.3 feet to a bend in said fence; | ||
3. N 03 deg. 48' W 447.4 feet to a bend in said fence; | ||
4. N 35 deg. 39' W 436.8 feet to a bend in said fence; | ||
5. N 19 deg. 04' W 1222.0 feet to a bend in said fence; | ||
6. N 20 deg. 42' W 136.8 feet to a steel pin and fence corner | ||
in the south line of State Highway No. 29 for the northwest corner | ||
of this survey; | ||
THENCE with the south line of said Highway No. 29, S 66 deg. 29' E | ||
58.3 feet to a concrete right-of-way marker for a bend in said | ||
right-of-way; | ||
THENCE continue with said right-of-way line S 70 deg. 46' E 200.56 | ||
feet to a concrete right-of-way marker for a bend in said | ||
right-of-way; | ||
THENCE continue with said right-of-way S 66 deg. 29' E 600.0 feet to | ||
a concrete right-of-way marker at the beginning of a curve to the | ||
right whose elements are, central angle of 4 deg. 28' radius of | ||
11,525.38 feet; and whose long chord bears S 64 deg. 12' E 898.3 | ||
feet to a concrete right-of-way marker at the east end of said | ||
curve; | ||
THENCE continue with said right-of-way line S 62 deg. 01' E 1072.6 | ||
feet to a concrete right-of- way marker at the beginning of a curve | ||
to the left whose elements are, central angle of 2 deg. 50', radius | ||
of 12000.16 feet, and whose long chord bears S 63 deg. 27' E 593.4 | ||
feet to a concrete right-of-way marker at the east end of said | ||
curve; | ||
THENCE continue with said right-of-way line S 64 deg. 51' E 1200.6 | ||
feet to a steel pin and fence corner in the south line of said | ||
Highway No. 29 for the most northerly northeast corner of this | ||
survey; | ||
THENCE leaving said Highway No. 29 and with the fence along the east | ||
and south sides of the above said Cantwell tract, the following | ||
fourteen (14) courses: | ||
1. S 14 deg. 04' W 158.6 feet to a bend in said fence; | ||
2. S 11 01' W 187.5 feet to a bend in said fence; | ||
3. S 05 deg. 19' W 122.4 feet to an interior corner of this | ||
survey; | ||
4. N 86 deg. 30' E 38.2 feet to a bend in said fence; | ||
5. S 87 deg. 58' E 121.4 feet to a bend in said fence; | ||
6. S 50 deg. 55' E 466.9 feet to a bend in said fence; | ||
7. S 82 deg. 14' E 543.3 feet to a fence corner for the most | ||
easterly northeast corner of this survey; | ||
8. S 09 deg. 07' W 2219.6 feet to a steel pin and fence | ||
corner for the southeast corner of this survey; | ||
9. S 69 deg. 34' W 1565.5 feet to a bend in said fence; | ||
10. S 19 deg. 33' W 41.2 feet to a bend in said fence; | ||
11. S 08 deg. 28' W crossing the above mentioned south San | ||
Gabriel River 174.8 feet to a bend in said fence; | ||
12. S 37 deg. 36' W 325.0 feet to a bend in said fence; | ||
13. N 68 deg. 11' W 441.4 feet to a bend in said fence; | ||
14. S 67 deg. 57' W 840.8 feet to the place of beginning, | ||
containing 395.38 acres of land. | ||
Being the same property described in deed recorded February 12, | ||
1982, at Vol. 866, Page 810, Official Records of Williamson County, | ||
Texas. | ||
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. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
8004A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8004A.0306 to read as | ||
follows: | ||
Sec. 8004A.0306. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(b) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. 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, 2023. |