Read the full stored bill text
89(R) HB 5674 - Enrolled version - Bill Text
H.B. No. 5674
AN ACT
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.
Sec.
8004A.0306.
DIVISION OF DISTRICT. This chapter
applies to any new district created by the division of the district
under Section 49.316, Water Code, and a new district has all the
powers and duties of 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
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 BY METES AND BOUNDS AS FOLLOWS:
This is all Beginning at and 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 feet 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 the 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; and N 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 continuing 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.
TRACT 2
BEING 160.40 ACRES OF LAND, MORE OR LESS 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. B E. BEBEE BY DEED RECORDED IN VOLUME S39, 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 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 a 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, N31° 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 of distance °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 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 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 foot 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 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 Tract 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.
TRACT 3
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 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.
TRACT 4
BEING 740.48 ACRES, MORE OR LESS, OUT OF THE STEPHEN THORNTON
SURVEY, ABSTRACT NO. 611 AND THE RICHARD WEST SURVEY, ABSTRACT NO.
643 AND THE BENJAMIN S. MUDD SURVEY, ABSTRACT NO. 438 AND THE JOHN
B. BERRY SURVEY, ABSTRACT NO. 56, IN WILLIAMSON COUNTY, TEXAS,
BEING COMPOSED OF THOSE THREE (3) CERTAIN TRACTS DESCRIBED IN
VOLUME 523, PAGE 76, DEED RECORDS AND VOLUME 1904, PAGE 255,
OFFICIAL RECORDS OF SAID COUNTY, LESS THAT CERTAIN 89.972 ACRES
CONVEYED TO THE STATE OF TEXAS IN THE DEED RECORDED IN VOLUME 415,
PAGE 555, DEED RECORDS OF SAID COUNTY; SAID 740.48 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
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 7l W 801 vrs to corner;
THENCE N 19 W 1948.3 vrs to a red oak tree for the NW corner;
THENCE N 7l 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 Sept. 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 vrs:
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 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
Oct. 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
Aug. 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 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.
TRACT 5
BEING 395.38 ACRES OF LAND OUT OF AND PART OF THE B. 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, 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 PARTICULARLY 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 deg. 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' 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.
TRACT 6
532.411 ACRES, MORE OR LESS, OF LAND IN WILLIAMSON COUNTY, TEXAS,
PART OF THE A.W. ROWLETT SURVEY, ABSTRACT NO. 539, THE THOMAS F.
GRAY SURVEY, ABSTRACT NO. 250, AND THE B.S. MUDD SURVEY, ABSTRACT
NO. 438, AND BEING THE SAME WAYMON GILBERT AND WIFE, MARGRET M.
GILBERT 125.661 ACRE TRACT RECORDED IN VOLUME 1976, PAGE 330, THE
WAYMON GILBERT AND WIFE, MARGARET M. GILBERT 200.987 ACRE TRACT
RECORDED IN VOLUME 1976, PAGE 347, AND THE WAYMON GILBERT AND WIFE,
MARGARET M. GILBERT 205.785 ACRE TRACT RECORDED IN VOLUME 2245,
PAGE 451, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
The Bearings and distances shown in parenthesis herein are Record
Calls.
BEGINNING at a #60 spike found in an existing gravel road found in
the south line of the Roy A. Butler 182.27 acre tract recorded in
Volume 1841, Page 799 being the northwest corner of the Biff
Kuykendall 105.40 acre tract recorded in Volume 5I9, Page 252, and
the northeast corner of the 200.987 acre tract, for the northeast
corner of this.
THENCE with the east line of the 200.987 acre tract and the west
line of the Kuykendall tract as fenced and as follows:
S. 19 deg. 24' 56" E., 13.89 feet (S. 19 deg. 24' 56" E., 13.89 feet -
1976/347) to a metal fence post found,
S. 23 deg. 09' 03" W., 166.65 feet (S 23 deg. 09' 03" W., 166.65 feet
- 1976/347) to a metal fence post found,
S. 13 deg. 54' 28" E., 245.76 feet (S. 13 deg. 54' 28" E., 245.76
feet - 1976/347) to a metal fence post found,
S. 00 deg. 28' 53" E., 278.63 feet (S. 00 deg. 28' 53" E., 278.63
feet - 1976/347) to a metal fence post found,
S. 05 deg. 37' 34" W., 410.17 feet (S. 05 deg. 37' 34" W., 410.17
feet - 1976/347) to a metal fence post found,
S. 04 deg. 05' 40" E., 267.24 feet (S. 04 deg. 05' 40" E., 267.24
feet - 1976/347) to a metal fence post found,
S 41 deg. 16' 30" E., 433.l3 feet (S. 41 deg. 16' 30" E., 433.13 feet
- 1976/347) to a #60 spike found in a 42" live oak,
S. 36 deg. 47' 47" E., 133.99 feet (S. 36 deg. 47' 47" E., 133.99
feet - 1976/347) to a metal fence post found, and
S. 34 deg. 56' 22" E., 1892.73 feet (S. 34 deg. 56' 22" E., 1892.73
feet-1976/347) to a metal fence post found in the north line of the
205.785 acre tract being the southwest corner of the Kuykendall
tract and the southeast corner of the 200.987 acre tract, for an ell
corner of this.
THENCE with the south line of the Kuykendall tract and the north
line of the 205.785 acre tract as follows:
N. 71 deg. 46' 31" E., 325.10 feet (N. 71 deg. 42' 35" E., 326.11
feet - 2245/451) leaving the existing fence line to a 3/8" iron rod
found,
N. 34 deg. 13' 22" E., 65.70 feet to a #60 spike found in a 18" live
oak, and then continuing with the existing fence line,
N. 54 deg. 18' 49" E., 428.13 feet (N. 53 deg. 29' 35" E., 412.50
feet - 2245/451) to a #60 spike in a 4" cedar, and
N. 72 deg. 58' 58" E., 391.31 feet (N. 72 deg. 53' 35" E., 408.33
feet - 2245/451) to a metal fence post found in the west line of the
Butler Broadcasting Co. Ltd. 160.40 acre tract recorded in Document
No. 9757115 being the southeast corner of the Kuykendall tract and
the northeast corner of the 205.785 acre tract, for a corner of
this.
THENCE with the east line of the 205.785 acre tract and the west
line of the Butler Broadcasting Co. Ltd. as fenced and as follows:
S. 20 deg. 38' 14" E., 160.30 feet (S. 20 deg. 38' E, 159.28 feet -
2245/451) to a 1/2" iron rod found,
S. 19 deg. 19' 05" E., 497.37 feet (S. 19 deg. 24' 32" E., 478.21
feet - 2245/451) to a metal fence post found,
S. 19 deg. 16' 05" E., 1288.40 feet (S. 19 deg. 28' 14" E., 775.57
feet - 2245/451 and S. 19 deg. 15' 02" E., 534.80 feet - 2245/451) to
a metal fence post round, and
S. 20 deg. 53' 46" E., 221.81 feet passing a metal fence post found
and continuing an additional 2.00 feet for a total distance of
224.81 feet (S. 20 deg. 59' 02" E., 221.99 feet - 2245/451) to the
intersection of the extension of the existing fence line running
north and south with an existing fence line running east and west in
the north line of Tract 2, Durham Park Section Five recorded in
Cabinet C, Slide 134, Plat Records being the southwest corner of the
Butler Broadcasting Co. Ltd. tract and the southeast corner of the
205.785 acre tract, for the southeast corner of this.
THENCE S. 70 deg. 36' 13" W., 4193.13 feet (S. 70 deg. 31' 25" W.,
4193.95 feet - 2245/451) with an existing fence to a metal fence
post found in the north line of Durham Park, Section Four recorded
in Cabinet C, Slide 97, Plat Record being a corner of the 205.785
acre tract, for a corner of this.
THENCE N. 19 deg. 44' 38" W., 221.04 feet (N. 19 deg. 32' 04" W.,
221.35 feet - 2245/451) with an existing fence to a metal fence post
found in the north line of Durham Park, Section Four being an ell
corner of the 205.785 acre tract, for an ell corner of this.
THENCE S. 70 deg. 43' 59" W., 317.58 feet (S. 70 deg. 33' 47" W.,
317.52 feet - 2245/451) with an existing fence to a metal fence post
found in the north line of Durham Park, Section Four being the
southeast corner of the Don L. Tew 127.135 acre tract recorded in
Volume 2245, Page 466, a corner of the 205.785 acre tract, for a
corner of this.
THENCE N. 04 deg.36' 48" E., 61.04 feet (N. 05 deg. 21' 35" E., 61.65
feet - 2245/451) with an existing fence to a metal fence post found
being a corner of the Tew tract and an ell corner of the 205.785 acre
tract, for an ell corner of this.
THENCE S. 70 deg. 56' 10" W., 727.27 feet (S.70 deg.33' 51" W.,
717.86 feet - 2245/451) with an existing fence to a 1/2" iron rod
found being an ell corner of the Tew tract and the southwest corner
of the 205.785 acre tract, for the southwest corner of this.
THENCE N. 13 deg. 30' 24" W., 1255.22 feet (N. 13 deg. 42' 25" W.,
1252.85 feet - 2245/451) to a #60 spike found in the top of a fence
post being a corner of the Tew tract, the northwest corner of the
205.785 acre tract, and the southwest corner of the 125.661 acre
tract, for a corner of this.
THENCE with the west line of the 125.661 acre tract as fenced and as
follows:
N. 56 deg. 51' 08" W., 494.86 feet (N. 56 deg. 51' 08" W., 494.86
feet - 1976/330) to a metal fence post found and
N. 50 deg. 46' 03" W., 1093.93 feet (N. 50 deg. 46' 03" W., 1093.93
feet - 1976/330) to a 1/2" iron rod found being the southeast corner
of the Chitaru Inque 236.57 acre tract recorded in Volume 1939, Page
546, the northeast corner of the Tew tract, and a corner of the
205.785 acre tract, for a corner of this.
THENCE with the west line of the 125.661 acre tract and the east
line of the Inque tract as fenced and as follows:
N. 15 deg. 48' 06" W., 656.34 feet (N. 15 deg. 48' 06" W., 656.34
feet - 1976/330) to a 1/2" iron rod found,
N. 00 deg. 55' 01" W., 66.48 feet (N. 00 deg. 55' 01" W., 66.48 feet -
1976/330) to a 1/2" iron rod found, and
N. 22 deg. 14' 53" W., 57.32 feet (N. 22 deg. 14' 53'' W., 57.32 feet
- 1976/330) crossing Dog Branch to a metal fence post found being
the southwest corner of the George A. Mason 272.50 acre tract
recorded in Volume 2192, Page 134 and the northwest corner of the
125.661 acre tract, for the most westerly corner of this.
THENCE with the south line of the Mason 272.50 acre tract, the west
and north lines of the 125.661 acre tract, and the creek bed of Dog
Branch
N. 49 deg. 25' 44" E., 150.70 feet (N. 49 deg. 25' 44" E., 150.70
feet - 1976/330),
N. 73 deg. 38' 44" E., 346,40 feet (N. 73 deg. 38' 44" E., 346.40
feet - 1976/330),
N. 39 deg. 18' 44" E., 195.00 feet (N. 39 deg. 18' 44" E., 195.00
feet - 1976/330),
N. 49 deg. 35' 44" E., 213.50 feet (N. 49 deg. 35' 44" E., 213.50
feet - 1976/330),
N. 13 deg. 07' 44" E., 140.80 feet (N. 13 deg. 07' 44" E., 140.80
feet - 1976/330),
N. 07 deg.07' 44" E., 702.60 feet (N 07 deg. 07' 44" E., 702.60 feet
- 1976/330), and
N. 07 deg. 45' 16" W., 194.50 feet (N 07 deg. 45' 16" W., 194.50 feet
- 1976/330) to a corner of the 125.661 acre tract, for a corner of
this.
THENCE N. 08 deg. 21' 56" W., 151.30 feet (N. 08 deg. 21' 56" W.,
151.30 feet - 1976/330) crossing Dog Branch to the top of a bluff on
the north side of Dog Branch being a corner of the Mason 272.50 acre
tract and a corner of the 125.661 acre tract, for a corner of this.
THENCE with the top of bluff on the north side of Dog Branch as
follows along the record locations:
N. 30 deg. 30' 16" E., 38.85 feet (N. 30 deg. 30' 16" E., 38.85 feet -
1976/330),
N. 43 deg. 34' 13" E., 87.59 feet (N. 43 deg. 34' 13" E., 87.59 feet -
1976/330),
N. 69 deg. 00' 20" E., 118.03 feet (N. 69 deg. 00' 20" E., 118.03
feet - 1976/330),
N. 87 deg. 41' 22" E., 124.65 feet (N. 87 deg. 41' 22" E., 124.65
feet - 1976/330), and
S. 81 deg. 36' 08" E., 107.60 feet (S. 11 deg. 36' 08" E., 107.60
feet - 1976/330) to a fence post found in the west line of the
200.987 acre tract being the northeast corner of the 125.661 acre
tract and the southeast corner of the Mason 272.50 acre tract, for
an ell corner of this.
THENCE N. 18 deg. 51' 38" W., 650.22 feet (N. 18 deg. 51' 38'' W. -
1976/347) to a #60 spike found in the top of an existing fence post
being a corner of the Mason 272.50 acre tract and the northwest
corner of the 200.987 acre tract, for the northwest corner of this.
THENCE N. 70 deg. 53' 30" E., 2533.40 feet (N. 70 deg. 53' 30" E.,
2533.40 feet - Base Bearing - 1976/347) with the south line of the
Mason 272.50 acre tract, the south line of the George A. Mason
225.50 acre tract recorded in Volume 2192, Page 134, the south line
of the Butler tract, and the north line of the 200.987 acre tract to
the place of beginning containing 532.411 acres of land.
The bearings of this Legal Description are based on the north line
of the Waymon Gilbert and wife, Margaret M. Gilbert 200.987 acre
tract recorded in Volume 1976, Page 347, Deed Records of Williamson
County, Texas.
TRACT 7
BEING 46.12 ACRES OF LAND SITUATED IN THE B. S. MUDD SURVEY, THE S.
THORNTON SURVEY, AND THE A. W. ROWLETT SURVEY, ALL IN WILLIAMSON
COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN TRACT OF LAND AS
CONVEYED TO RICHARD HARDIN BY DEED RECORDED IN VOLUME 520, PAGE 506,
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND SUBSEQUENTLY
CONVEYED TO SPRINGFIELD, INC. BY DEED RECORDED IN VOLUME 554, PAGE
636, OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 46.12
ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at an iron stake found under a fence corner in the South
line of the B. S. Mudd Survey, being the Southeast corner of that
certain tract of land as conveyed to Robert D. Alexander by deed
recorded in Volume 405, Page 180 of the Deed Records of Williamson
County, Texas, being the Southwest corner of that certain tract of
land as conveyed to Floyd Cantwell, et ux., by deed recorded in
Volume 524, Page 107 of the Deed Records of Williamson County,
Texas, being a northwesterly corner of that certain tract of land as
conveyed to Richard Hardin by deed recorded in Volume 520, Page 506,
of the Deed Records of Williamson County, Texas, for the most
northwesterly corner hereof;
THENCE with the Northerly line of the said Hardin tract, being a
Southerly line of the said Cantwell tract, as found fenced and used
upon the ground the following courses:
N 70° 38' E for a distance of 416.64 feet to an iron stake found;
N 70° 21' E for a distance of 304.44 feet to an iron stake found;
N 69° 10' E for distance of 118.66 feet to an iron stake found for a
corner of the said Hardin tract, being also a corner of the said
Cantwell tract;
THENCE with a Northerly line of the said Hardin tract, being in
conflict with the said Cantwell tract the following courses:
N 17° 45' E for a distance of 113.90 feet;
N 54° 45' E for a distance of 211.10 feet;
N 67° 45' E for a distance of 55.60 feet;
S 88° 59' E crossing the San Gabriel River for a distance of 390.80
feet to a point on the Easterly bank of said river;
S 21° 15' E with the Easterly bank of the said river for a distance of
54.20 feet to a point in the Easterly line of the said Hardin tract,
being the Westerly line of that tract of land as conveyed to Roy
Butler, et al. by deed recorded in Volume 523, Page 76, of the Deed
Records of Williamson County, Texas;
THENCE with a common line of the said Butler and Hardin tracts,
being the Easterly bank of the said river the following courses:
S 52° 15' E for a distance of 300.0 feet;
S 36° 45' E for a distance of 111.10 feet for a common corner of the
said Butler and Hardin tracts;
THENCE crossing the said river, S 43° 45' W for a distance of 111.10
feet to a point on the West bank of said river, being a common corner
of the said Butler and Hardin tracts;
THENCE with a common line of the said Butler and Hardin tracts,
being the Westerly bank of the said river the following courses:
N 54° 15' W for a distance of 111.10 feet;
N 59° 15' W for a distance of 125.00 feet;
N 41° 41' W for a distance of 136.20 feet to an iron stake under
fence, being a common corner of the said Butler and Hardin tracts;
THENCE with a Southeasterly line of the said Hardin tract, being a
Northwesterly line of the said Butler tract, S 39° 32' W for a
distance of 326.40 feet to an iron stake found and S 32° 59' W for a
distance of 529.90 feet to an iron stake under fence corner in the
East line of the A. W. Rowlett Survey, and the West line of the S.
Thornton Survey, being a common corner of the said Butler and Hardin
tracts;
THENCE with the East line of the said Rowlett Survey and the West
line of the said Thornton Survey, being the East line of the said
Hardin tract and the West line of the said Butler tract, as found
fenced and used on the ground, the following courses:
S 19° 15' E for a distance of 614.45 feet to an iron stake found for
angle point;
S 19° 23' E for a distance of 595,71 feet to an iron stake found for
angle point;
S 19° 18' E for a distance of 396.37 feet to an iron stake found under
corner of fence, being a corner of said Hardin tract for corner
hereof;
THENCE with the Southerly line of the said Hardin tract as found
fenced and used on the ground the following courses:
S 71° 28' W for a distance of 500.48 feet to an iron stake found for
angle point;
S 71° 34' W for a distance of 231.63 feet to an iron stake found for
the most Southwesterly corner of the herein described tract of
land;
THENCE N 19° 12' W for a distance of 1992.50 feet to an iron stake
found under fence corner, being a corner of the said Hardin tract
for angle point hereof;
THENCE N 21° 56' W for a distance of 225.00 feet to an iron stake and
POINT OF BEGINNING of this survey, containing 46.12 acres of land,
more or less.
TRACT 8
SIX HUNDRED FORTY (640) ACRES OF LAND, MORE OR LESS, PATENTED BY THE
STATE OF TEXAS TO MATTHIAS WILBARGER, ASSIGNEE TO PETER DEWITT BY
PATENT NO. 482, VOLUME 6, DATED THE 30TH DAY OF SEPTEMBER, A.D.
1850, ON THE WATERS OF THE SOUTH SAN GABRIEL, ABOUT 17 MILES ABOVE
GEORGETOWN, BY VIRTUE OF CONDITIONAL CERTIFICATE NO. 377, ISSUED BY
THE BOARD OF LAND COMMISSIONERS OF JASPER COUNTY ON THE 11TH DAY OF
JANUARY, 1840, UPON WHICH UNCONDITIONAL CERTIFICATE NO. 51, WAS
ISSUED BY THE BOARD OF LEON COUNTY ON THE 9TH DAY OF JUNE, 1849, AND
TRANSFERRED TO THE SAID WILBARGER, ON THE SAME DAY, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING on the Southwest corner of the Stephen Thornton's Survey
at a stone mound from which a post oak bears N 71 degrees E 18 vrs.;
THENCE S 71 degrees W with the North line of William Hamilton's
Survey of one-third (l/3rd) of a league, 1128 vrs. to a stone mound;
THENCE N 19 degrees W 3,200 vrs. to a stone mound in prairie;
THENCE N 71 degrees E 1128 vrs. to a stone mound in prairie on the
West line of Stephen Thornton's Survey;
THENCE S 19 degrees E with the West line of Thornton's Survey, 3200
vrs. to the BEGINNING.
Being the same property conveyed to Roy A. Butler by Warranty Deed
from MTrust Corp.=, N.A., Trustee of the Fannie Montgomery Hunt
Trust, dated February 7, 1989, recorded at Vol. 1757, Page 927,
Official Records of Williamson County, Texas.
TRACT 9
BEING 0.877 ACRES, MORE OR LESS, IN THE RICHARD WEST SURVEY,
ABSTRACT NO. 643, IN WILLIAMSON COUNTY, TEXAS. EXAMINATION OF AREA
DEEDS INDICATES THAT THIS PROPERTY LIES WITHIN THE BOUNDARIES OF A
93.02 ACRE TRACT AS DESCRIBED IN A DEED TO M. R. MARCOM, OF RECORD IN
VOL. 1119, PG. 783, D/R, BUT LIES OUTSIDE OLD FENCES WHICH EXIST ON
THE GROUND ENCLOSING THE BULK OF THE MARCOM PROPERTY. THIS PROPERTY
IS ENCLOSED WITHIN FENCES USED AND MAINTAINED BY ROY A. BUTLER AS A
PART OF THE FIRST TRACT CALLED 239 ACRES AND THE SECOND TRACT CALLED
199 ACRES IN A DEED TO ROY A. BUTLER, ET AL., OF RECORD IN VOL. 523,
PG. 76, D/R. EXAMINATION OF THE SAID ROY BUTLER DEED AND DEEDS OF
PRIOR OWNERS OF THE MARCOM TRACT INDICATE A PROBABLE VACANCY
EXISTING BETWEEN THE BOUNDARIES OF THE BUTLER TRACT AS DESCRIBED IN
HIS DEED AND BETWEEN THE BOUNDARIES OF THE MARCOM PROPERTY AS
DESCRIBED IN OLDER DESCRIPTIONS FOR THE MARCOM PROPERTY WHICH ARE
FOUND IN A DEED TO F. M. VAUGHAN IN VOL. 537, PG. 81, AND IN A DEED TO
L. T. MCFARLAND IN VOL. 162, PG. 436, D/R. THE CONCLUSION THAT THERE
IS A PROBABLE VACANCY IN THE AREA THAT INCLUDES THE APPROXIMATE
NORTH ONE HALF OF THIS TRACT IS BASED UPON RECONSTRUCTING THE
BOUNDARIES FROM THE NORTHWEST CORNER OF THE PRIOR DEEDS FOR THE
PARENT TRACTS OF THE PORTION OF THE PROPERTY NOW OWNED BY MARCOM. IT
IS NOTED THAT THERE ARE EXISTING APPROXIMATIONS, DISCREPANCIES AND
ANOMALIES BETWEEN THE RECORD DESCRIPTIONS FOUND IN THE DEEDS TO
MCFARLAND AND VAUGHAN WHICH INCREASE THE DIFFICULTY IN CONCLUSIVELY
PLACING THE BOUNDARIES OF THOSE TRACTS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at the Northwest comer of the 93.02 acre tract conveyed to
M. R. Marcom as described in Vol. 1119, Pg. 783. This point being in
the approximate center of the channel of the San Gabriel River, on
or near the East line of the S. Thornton Survey and the West line of
the R. West Survey. Also being the Southwest comer of the Second
Tract conveyed to Butler as referenced above. According to record
data the Northeast corner of the First Tract is located at the
intersection of the East line of the Thornton Survey and the South
bank of the river;
THENCE with the North line described for the 93.02 acre tract by a
survey made by Don Bizzell as recorded in the Marcom deed,
downstream with the approximate centerline of the channel of the
San Gabriel River, S 89 deg. 08 min. 30 sec. E 310 feet, more or less
to the intersection of two fence lines extended (per survey of
fences existing in 1971 made by W. F. Forest, R.P.S. No. 101);
THENCE S 57 deg. 38 min. W, join and follow an old fence line,
continuing in all 163.6 feet to a bend in the fence;
THENCE continuing along or near the old fence existing on the West
side of a ravine, as Surveyed by W. F. Forest in 1971, S 27 deg. 50
min. W 54.5 feet, S 03 deg. 34 min. W 196.9 feet, and S 06 deg. 40
min. E 77.4 feet;
THENCE S 18 deg. 23 min. 40 sec. E 52.35 feet, more or less, to
intersect the West line of the said 93.02 acre tract;
THENCE with the West line of the M. R. Marcom tract. as surveyed by
Don Bizzell, N 19 deg. W about 490.19 feet, more or less to the POINT
OF BEGINNING.
TRACT 10
294.85 ACRES OF LAND, OF WHICH 129.66 ACRES MORE OR LESS BEING A
PORTION OF A 169 ACRE TRACT OUT OF THE RICHARD WEST LEAGUE, ABSTRACT
#643, AS DESCRIBED IN A DEED FROM TAYLOR SMITH TO JOHN CONNER AS
RECORDED IN VOL. 4, PAGE 168, WILLIAMSON COUNTY DEED RECORDS, AND
12.29 ACRES MORE OR LESS BEING A PORTION OF A 50 ACRE TRACT MORE OR
LESS OUT OF THE EDMUND S. BROOKS SURVEY ABSTRACT #81, AS DESCRIBED
IN A DEED FROM TAYLOR SMITH TO JOHN F. CONNER AS RECORDED IN VOL. 4,
PAGE 55, WILLIAMSON COUNTY DEED RECORDS, SAID TRACTS BEING
DESCRIBED AS A 219 ACRE TRACT IN A DEED FROM J. H. VAUGHAN AND WIFE,
JOANNA VAUGHAN TO WADE D. BARRINGTON AS RECORDED IN VOLUME 182, PAGE
413, WILLIAMS COUNTY DEED RECORDS, AND 152.90 ACRES MORE OR LESS
BEING A PORTION OF A 190 ACRE TRACT OUT OF THE STEPHEN THORNTON
SURVEY, ABSTRACT #611, AS DESCRIBED IN A DEED FROM LOUISA WALKER, A
FEME SOLE, TO J. G. POTTS AS RECORDED IN VOLUME 76, PAGE 227,
WILLIAMSON COUNTY DEED RECORDS, SAID 190 ACRES MORE OR LESS BEING
ALSO DESCRIBED IN A DEED FROM A. P. KAUFFMAN AND WIFE, LILLIE
KAUFFMAN, TO W. D. BARRINGTON AS RECORDED IN VOL. 197, PAGE 405,
WILLIAMSON COUNTY DEED RECORDS, ALL IN WILLIAMSON COUNTY, TEXAS, AS
SURVEYED FOR A. L. MCROBERTS, O. R. OLIVER AND W. D. BARRINGTON BY
THE METCALFE ENGINEERING COMPANY, 1710 EVA STREET, AUSTIN, TEXAS,
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at an iron stake at corner of fence for the northwest
corner of a 190 acre tract, a portion of the Stephen Thornton
Survey, Abstract #611, in Williamson County, Texas, as described in
a deed from Louisa Walker, a feme sole, to J. G. Potts as recorded in
Vol. 76, Page 227, Williamson County Deed Records, said 190 acres
more or less being also described in a deed from A. P. Kauffman and
wife, Lillie Kauffman, to W. D. Barrington as recorded in Vol. 197,
Page 405, Williamson County Deed Records, said beginning iron stake
at corner of fence being also the northeast corner of a 350 acre
tract, a portion of the Stephen Thornton Survey, Abstract #611, in
Williamson County, Texas, as described in a deed from Louisa
Walker, a feme sole, to G. W. Wheeler as recorded in Vol. 76, Page
67, Williamson County Deed Records, said iron stake at corner of
fence being also the southwest corner of a 169 acre tract out of the
Richard West League, Abstract #643, in Williamson County, Texas, as
described in a deed from Taylor Smith to John Conner as recorded in
Vol. 4, Page 168, Williamson County Deed Records, and being also the
most westerly southwest corner of a 219 acre tract out of the
Richard West League, Abstract #643, and the Edmund S. Brooks
Survey, Abstract #81, in Williamson County, Texas, as described in
a deed from J. H. Vaughan and wife, Joanna Vaughan, to Wade D.
Barrington as recorded in Vol. 182, Page 413, Williamson County
Deed Records, said iron stake at corner of fence being also the most
westerly southwest corner of the Richard West League, Abstract
#643, and an ell corner of the Stephen Thornton Survey, Abstract
#611, in Williamson County, Texas, as fenced and used upon the
ground;
THENCE with the west line of the said W. D. Barrington 190 acre
tract more or less and the east line of the said G. W. Wheeler 350
acre tract, as fenced and used upon the ground, courses numbered 1-7
inclusive, as follows:
(1) S 17 deg. 53' E 185.20 feet to an iron stake;
(2) S 18 deg. 57' E 635.05 feet to an iron stake;
(3) S 19 deg. 41' E 284.66 feet to an iron stake;
(4) S 19 deg. 50' E 312.47 feet to an iron stake near corner of
fence;
(5) S 19 deg. 21' E 86.02 feet to an iron stake near corner of
fence;
(6) S 19 deg. 17' E 740.42 feet to an iron stake near corner of
fence;
(7) S 19 deg. 09' E 679.41 feet to an iron stake in the north
right-of-way line of R. M. Highway #1869, said iron stake being at
the northwest corner of an 0.016 acre tract, designated as First
Tract, a portion of the said 190 acre tract, as described in a deed
from W. D. Barrington and wife, Emma M. Barrington to State of Texas
as recorded in Vol. 420, Page 212, Williamson County Deed Records,
and from which iron stake a concrete highway marker boars S 71 deg.
41' W 189.62 feet;
(8) THENCE with the north line of R. M. Highway #1869 N 71 deg. 41'
E 78.00 feet to an iron stake at the intersection of the center line
of the Old County Road and being also a northwest line of a 33.88
acre tract, a port1on of the said 190 acre tract, as described in a
deed from W. D. Barrington and wife, Emma Barrington, to J.C. Keeler
as recorded in Vol. 197, Page 406, Wi1liamson County Deed Records;
THENCE with the center line of the said old County Road and being
also a northwest line and a north 1ine of the said J. C. Keeler 33.88
acre tract, courses numbered 9-11 inclusive, as follows:
(9) N 60 deg. 24' E 993.22 feet to an iron stake;
(10) N 89 deg. 20' E 411.87 feet to an iron stake;
(11) N 83 deg. 20' E 188.50 feet to an iron stake at the
intersection of a west line of R. M. Highway #1869 and in the west
line of a 0.240 acre tract, designated as Second Tract, a portion of
the said 190 acre tract, as described in a deed from W. D.
Barrington and wife, Emma M. Barrington, to State of Texas as
recorded in Vol. 420, Page 212. Williamson County Deed Records;
(12) THENCE with a west right-of-way line of R. M. Highway #l869
and the west 1ine of the said 0.240 acre tract designated as Second
Tract N 11 deg. 41' E 32.24 feet to a concrete highway marker;
(13) THENCE N 71. deg. 41' E 230.7 feet to a concrete highway
marker at the northeast corner of the said 0.240 acre tract
designated as Second Tract;
(14) THENCE with a northeast line of the said 0.240 acre tract
designated as Second Tract, S 48 deg. 13' E 26.57 feet to an iron
stake at the intersection of the center line of said old County Road
and being also a northwest line of the said J.C. Keeler 33.88 acre
tract;
(15) THENCE with the center line of said old County Road, being
also a northwest line of the said J. C. Keeler 33.88 acre tract, N 48
deg. 21' E 435.29 feet to an iron stake;
(16) THENCE N 17 deg. 53' W at l.8.9 feet passing an iron stake
near corner of fence for the southwest corner of a 1.53 acre tract,
designated as Tract No. One, a portion of the said W. D. Barrington
190 acre tract, as described in a deed from W. D. Barrington and
wife, Emma V. Barrington, to Carl N. Nix and wife, Marguerite O.
Nix, as recorded in Vol. 479, Page 232, Williamson County Deed
Records; in all 1349.89 feet to an iron stake at the northwest
corner of the said Carl. N. Nix 1.53 acre tract;
(17) THENCE with the north line of the said Carl N. Nix l.53 acre
tract N 72 deg. 07' E 49.03 feet to an iron stake in the east line of
the said W. D. Barrington 190 acre tract, being also an east line of
the Stephen Thornton Survey, Abstract #61l, and the west line of the
Edmund S. Brooks Survey, Abstract #81, in Williamson County, Texas,
and being also the most southerly west 1ine of a 219 acre tract as
described in a deed from J. H. Vaughan and wife, Joanna Vaughan, to
Wade D. Barrington as recorded in Volume 182, Page 413, Williamson
County Deed Records, said iron stake being also in the west line of
a 66.56 acre tract, designated as Tract No. Two, and being a portion
of the Edward S. Brooks Survey, Abstract #81, and the Richard West
League, Abstract No. 643, in Williamson County, Texas, and being a
portion of the said Wade D. Barrington 216 acre tract, as described
in a deed from W. D. Barrington and wife, Emma V. Barrington to Carl
N. Nix and wife, Marguerite O. Nix as recorded in Vol. 479, Page
232, Wil1iamson County Deed Records, and from which iron stake the
most southerly southwest corner of a 50 acre tract, a portion of the
Edmund S. Brooks Survey, Abstract #81, as described in a deed from
Tay1or Smith to John F Conner as recorded in Vol. 4, Page 55,
Williamson County Deed Records, being also the most southerly
southwest corner of the said W. D. Barrington 219 acre tract and the
southwest corner of the said Carl N. Nix 66.56 acre tract, bears S
18 deg. 20' E 50.0 feet;
(18) THENCE with the east line of the said W. D. Barrington 190
acre tract, being also the east line of the Stephen Thornton Survey
and the most southerly west line of the said W. D. Barrington 219
acre tract and the west line of the Edmund S. Brooks Survey and the
west line of the Carl N. Nix 66.56 acre tract as fenced and used upon
the ground, N 18 deg. 20' W 445.40 feet to an iron stake at corner of
fence for a corner of the said Carl N. Nix 66.56 acre tract;
THENCE with a northwest line of the said Carl N. Nix 66.56 acre
tract as fenced and used upon the ground, courses numbered 19-22
inclusive, as follows:
(19) N 33 deg. 29' E 978.67 feet to an iron stake at corner of field
fence;
(20) N 24 deg. 32' E 441.56 feet to an iron stake;
(21) N 49 deg. 01' E at about 60 feet more or less crossing the
north line of the Edmund S. Brooks Survey and a south line of the
Richard West League, in all 85.67 feet to an iron stake;
(22) N 24 deg. 47' E at 271.54 feet passing an iron stake at corner
of field fence, at 371.54 feet passing an iron stake on the south
bank of the South San Gabriel River, at 411.79 feet passing the most
northerly corner of the said Carl N. Nix 66.56 acre tract, in all
426.68 feet to a car axle in the bed of the center of the channel of
the South San Gabriel River;
THENCE up the center of the channel of the South San Gabriel River,
courses numbered 23-32 inclusive, as follows:
(23) S 79 deg. 09' W 350.78 feet to a point;
(24) N 83 deg. 11' W 222.61 feet to a point;
(25) N 52 deg. 11' W 123.44 feet to a point;
(26) N 43 deg. 53' W 150.06 feet to a point;
(27) N 29 deg. 29' W 235.08 feet to a point;
(28) N 17 deg. 08' W 232.50 feet to a point;
(29) N 13 deg. 32' W 130.83 feet to a point;
(30) N 11 deg. 21' W 123.88 feet to a point;
(31) N 36 deg. 53' feet E 64.44 feet to an iron stake;
(32) N 29 deg. 30' W 269.75 feet to an iron stake for the northeast
corner of the said John Conner 169 acre tract and the northeast
corner of the said W. D. Barrington 219 acre tract;
THENCE with the north line of the said W. D. Barrington 219 acre
tract, being the average of an old fence and the remains of an old
rock fence, courses numbered 33-36 inclusive, as follows:
(33) S 69 deg. 03' W at 57.6 feet passing an iron stake on the west
high bank of the South San Gabriel River, in all 167.06 feet to an
iron stake at the southwest corner of a railroad tie fence post;
(34) S 71 deg. 36' W 1657.00 feet to a nail in the east face of a
16" Cedar;
(35) S 70 deg. 54' W 739.86 feet to an iron stake at corner of field
fence;
(36) S 70 deg. 44' W 564.32 feet to an iron stake near corner of
fence for the northwest corner of the said W. D. Barrington 219 acre
tract, being also the northwest corner of the said John Conner 169
acre tract, in the west line of the Richard West League and in an
east line of the Stephen Thornton Survey, as fenced and used upon
the ground;
THENCE with the west line of the said 169 acre tract and the west
line of the said W. D. Barrington 219 acre tract and being also the
west line of the said Richard West League and an east line of the
Stephen Thornton Survey as fenced and used upon the ground, courses
numbered 37-39 inclusive, as follows:
(37) S 17 deg. 10' E 537.11 feet to an iron stake at corner of
fence;
(38) S. 19 deg. 11' E 537.55 feet to a post;
(39) S 18 deg. 02' E 648.94 feet to the place of BEGINNING,
containing 294.85 acres of land.
AND
A 1.38-ACRE PORTION OF LAND CALLED TRACT TWO IN IN THE DEED RECORDED
IN VOLUME 605, PAGE 426, DEED RECORDS, WILLIAMSON COUNTY, TEXAS;
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
Beginning it an iron pin found at the N E corner of the 33.88 acre
tract and at the S E corner of a 1.53 acre tract described in a deed
to Carl Nix of record in Vol. 479, Page 232, Deed Records. Said
point is in the centerline of an abandoned County Road and on the
East line of the Stephen Thornton Survey as fenced and used upon the
ground;.
THENCE S 17° 55' E 232.6 feet to an iron pipe in the North R O W of RM
1869;
THENCE with the R O W S 71° 41' W 427 feet to a concrete R O W marker
at a widening of the R O W;
THENCE. N 48° 19' W 42.63 feet to an iron pipe found in the R O W and
on the centerline of an abandoned road;
THENCE with the centerline of the abandoned road N 48° 11' E at 435.7
feet pass an iron pipe at the S E corner of a tract described in a
deed to Horace Cromer of record in Vol. 554, Page 440, in all 490.65
feet to the POINT OF BEGINNING, containing in all 1.38 acres.
TRACT 11
BEING 0.91 OF AN ACRE OF LAND, OUT OF THE E. S. BROOKS SURVEY,
ABSTRACT NUMBER 81 & THE STEPHEN THORNTON SURVEY, ABSTRACT NUMBER
611, WILLIAMSON COUNTY, TEXAS, SAME BEING A PORTION OF THAT CERTAIN
CURRY 2.97 ACRE TRACT DESCRIBED BY INSTRUMENT RECORDED IN VOLUME
1720, PAGE 726, DEED RECORDS, WILLIAMS0N COUNTY, SAID 0.91 OF AN
ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at an iron rod found in the northerly right-of-way line of
F M 1869, at the southeast corner of the Lindley 8.06 acre tract
described by instrument recorded in Volume 615, Page 916, Deed
Records, Williamson County, at the southwest corner of said Curry
tract, for the southwest corner hereof;
THENCE along the common line of said Lindley and said Curry tracts,
North 49 degrees 15 minutes 49 seconds West, 42.74 feet to a 60D
nail found, for the northwest comer hereof and North 47 degrees 17
minutes 32 seconds East, 345.00 feet to an iron rod set, for the
northeast comer hereof;
THENCE South 42 degrees 32 minutes 52 second East, through said
Curry tract, 189.35 feet to an iron rod set in the northerly
right-of-way line of F M 1869, in the southerly line of said Curry
tract, for the southeast corner hereof;
THENCE South 70 degrees 41 minutes 00 seconds West, along said
right-of-way line and the southerly line of said Curry tract,
370.00 feet to the POINT OF BEGINNING and containing 0.91of an acre
of land, more or less.
TRACT 12
BEING 49.994 ACRES OF LAND SITUATED IN THE STEPHEN THORNTON SURVEY,
ABSTRACT NO. 611 IN WILLIAMSON COUNTY, TEXAS, BEING THE SAME TRACT
DESCRIBED IN DOCUMENT NO. 2009069788 OF THE DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT AN IRON ROD FOUND AT THE SOUTHWEST CORNER OF A 10 ACRE
TRACT RECORDED IN DOCUMENT NO. 2001093539, BEING ALSO ON THE NORTH
RIGHT-OF-WAY OF RR 1869, FROM WHICH A CONCRETE HIGHWAY MONUMENT
FOUND BEARS S 69° 36' 49" W 137.73 FEET, SAID IRON ROD ALSO BEING THE
POINT OF BEGINNING AND SOUTHEAST CORNER OF THE HEREIN DESCRIBED
TRACT;
THENCE WITH THE NORTH SAID RIGHT-OF-WAY OF RR 1869 S 69 DEG 29 MIN 36
SEC W 439.84 FEET TO AN IRON ROD FOUND, FOR THE SOUTHWEST CORNER OF
THE HEREIN DESCRIBED TRACT;
THENCE WITH THE WEST LINE OF THE HEREIN DESCRIBED TRACT N 21 DEG 22
MIN 48 SEC W 2989.51 FEET TO AN IRON ROD FOUND, FOR THE NORTHWEST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE N 68 DEG 30 MIN 57 SEC E 303.96 FEET TO THE DISTURBED REMNANTS
OF A FALLEN TREE, FROM WHICH A GAME FENCE ANGLE CORNER POST BEARS N
68 DEG 10 MIN 52 SEC E 11.28 FEET;
THENCE N 76 DEG 32 MIN 58 SEC E 581.44 FEET TO AN OLD FENCE POST SAWN
OFF AT GROUND LEVEL, FOR THE NORTHEAST CORNER OF THE HEREIN
DESCRIBED TRACT;
THENCE S 21 DEG 22 MIN 40 SEC E 1929.48 FEET TO AN IRON ROD FOUND AT
THE NORTHEAST CORNER OF THE SAID 10 ACRE TRACT, FOR THE EASTMOST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE S 68 DEG 34 MIN 43 SEC W 439.77 FEET TO AN IRON ROD FOUND, FOR
AN INTERIOR ELL CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE S 21 DEG 22 MIN 07 SEC E 986.75 FEET TO THE POINT OF
BEGINNING, CONTAINING 49.994 ACRES OF LAND, MORE OR LESS.
TRACT 13
BEING 227.039 ACRES OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS,
PART OF THE STEPHEN THORNTON SURVEY, ABSTRACT NO. 611, AND BEING THE
SAME TRACT DESCRIBED AS 207.129 ACRES IN A DEED TO RICHARD E. HARRIS
RECORDED IN VOLUME 1147, PAGE 759, OFFICIAL RECORDS OF WILLIAMSON
COUNTY, TEXAS, AND ALL OF THE SAME TRACT DESCRIBED AS A 20.00 ACRES
IN A DEED TO SUSAN R. HARRIS RECORDED IN VOLUME 1146, PAGE 799,
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found in the north right of way line of
F. M.1869 being the southwest corner of the Joseph T. DeFrancisco
50.0 acre tract recorded in Volume 737, Page 269 and the southeast
corner of the 207.129 acre tract, for the southeast corner of this.
THENCE with the north right of way line of F. M.1869 as follows:
S. 71 deg. 43' 05" W., 138.03 feet (S. 71 deg. 32' 47" W., 137.94
feet) to a concrete highway monument found, being the beginning of a
curve to the left, with said curve 543.85 feet, Long Chord S. 64
deg. 51' 37" W., 542.62 feet, Radius 2331.83 feet (543.85 feet, Long
Chord S. 64 deg. 50' 20" W., 542.62 feet, Radius 2331.83 feet) to a
concrete highway monument found,
S. 58 deg. 12' 17" W., 459.83 feet passing a 1/2" iron rod found and
an additional 595.47 feet for a total distance of 1055.30 feet (S.
58 deg. 11' W., 1055.41 feet) to a concrete highway monument found,
being the beginning of a curve to the left, with said curve 482.52
feet Long Chord S. 53 deg. 29' 00" W., 481.96 feet, Radius 2904.79
feet (482.80 feet, Long Chord S. 53 deg. 26' 20" W., 482.26 feet,
Radius 2904.79 feet) to a concrete highway monument found,
S. 48 deg. 34' 07" W., 383.78 feet (S. 48 deg. 37' 20" W., 383.67
feet) to a concrete highway monument found, being the beginning of a
curve to the right, with said curve 418.14 feet Long Chord S. 57
deg. 33' 02" W., 416.57 feet, Radius 1392.39 feet (Long Chord S. 57
deg. 27' 10" W., 417.07 feet, Radius 1392.39 feet) to a 3" metal
fence post found being the southeast corner of the Roy A. Butler
599.49 acre tract recorded in Volume 1757, Page 927 and the
southwest corner of the Harris 207.129 acre tract, for the
southwest corner of this.
THENCE with east line of the Butler 599.49 acre tract as follows:
N. 18 deg. 09' 40" W., 3469.74 feet (N.18 deg. 09' 40" W., 3469.81
feet - Base Bearing) to a #60 spike found and N. 16 deg. 29' 26" W.,
249.26 feet (N. 16 deg. 37' W., 248.30 feet) to a 3" metal fence post
found being the southwest corner of the Roy A. Butler 740.10 acre
tract recorded in Volume 1904, Page 255 and the northwest corner of
the Harris 207.129 acre tract, for the southwest corner of this.
THENCE with the south line of the Butler 740.10 acre tract as
follows:
N. 50 deg. 54' 33" E., 1552.19 feet passing a 3" metal fence post
found and continuing an additional 26.71 feet for a total distance
of 1578.90 feet (N. 50 deg. 48' 10" E., 1580.33 feet) to a #60 spike
found in a dead oak,
S. 19 deg. 14' 58" E., 54.04 feet passing a 3" metal fence post found
and continuing an additional 549.01 feet for a total distance of
603.05 feet (S. 19 deg.16' 10" E., 605.17 feet) to a 3" metal fence
post found,
N. 69 deg. 26' 12" E., 567.68 feet (N. 69 deg. 23' 40" E., 559.47
feet) to a 3" metal fence post found,
N. 72 deg. 45' 39" E., 253.55 feet (N. 72 deg. 51' 40" E., 251.19
feet) to a 3" metal fence post found, and
N. 70 deg. 39' 14" E., 541.06 feet (N. 70 deg. 32' 55" E) to a 1/2"
iron rod found being the northwest corner of the DeFrancisco tract
and the northeast corner of the Harris 207.129 acre tract, for the
northeast corner of this.
THENCE S. 19 deg. 19' 34" E., 2990.31 feet (S. 19 deg. 20' 36" E.,
2989.57 feet) to the place of beginning containing 227.039 acres of
land, according to my Survey and my Calculations.
The bearings of this Legal Description are based on the west line of
the tract described as 207.129 acres in a Deed to Richard E. Harris
recorded in Volume 1147, Page 759, Official Records of Williamson
County, Texas.
TRACT 14
BEING 98.03 ACRES OF LAND SITUATED IN THE A. LEFEBRE SURVEY,
ABSTRACT NO. 398, IN WILLIAMSON COUNTY, TEXAS; PART OF 108 ACRES
WHICH IS DESCRIBED IN A DEED TO GABRIEL PINA & SUSIE C. PINA
(INCLUDING ALL OF THE 52 ACRES TRACT 2, AND PART OF THE 56 ACRES
TRACT 1), OF RECORD IN VOL. 910, PG. 461, OF THE OFFICIAL PUBLIC
RECORDS OF WILLIAMSON COUNTY, TEXAS (OPRWCT), AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
This tract was surveyed on the ground in June of 2015 under the
direction of William F. Forest, Jr., Registered Professional Land
Surveyor No. 1847. Survey note: The bearing basis for this survey,
is the State Plane Coordinate System, Texas Central Zone Western
Data VRS Network.
BEGINNING at an iron pin which was found in the North line of Ranch
Road 1869, at the Southeast corner of Tract One of Gabriel and Susie
Pina. This corner exists at the Southwest corner of the property of
the Liberty Hill Land Partnership, Ltd. (640 ac. Doc. 20060799904);
THENCE with the North line of Ranch Road 1869, S 78° 58' 14" W 947.01
feet to an iron pin which was set for the lower Southeast corner of a
10.00 acre tract;
THENCE with the East boundary of the said 10.00 acres, setting iron
pins at bends in the fence as follows; N 21° 16' 10" W 624.17 feet; N
14° 58' 25" E 172.11 feet; and N 18° 07' 04" E 128.77 feet; departing
the fence and continuing with the East boundary of the 10.00 acres;
setting iron pins as follows; N 13° 40' 06" E 266.82 feet; and N 21°
22' 44" W 591.79 feet to the Northeast corner of the 10.00 acres;
THENCE with the North boundary of the 10.00 acres, S 68° 37' 1.6" W
732.69 feet to an iron pin which was set in the West boundary of the
Pina 56 acre Tract 1 at the Northwest corner of the 10 acres;
THENCE along or near the existing fence, with the West line of Pina
and the East boundary of the property of Travis and Carol Shelton
(10.10 ac. Doc. 2012923335);
N 21° 04' 27" W 368.41 feet to a nail which was set in top of a fence
post in the East boundary of the property of Darvin and Shiela
Willhoite (10.10 ac. Doc. 2012058065); continuing with the common
boundary of Pina and Willhoite;
N 21° 04' 27" W 210.94 feet to an iron pin found on the East side of
the fence at the common West corner of the two Pina tracts; and
N 21° 02' 50" W passing the property corners in the East line of the
property of Chad M. Gilley (Ex. A, 20.193 ac. Doc. 2012008374),
continuing with the common line between Pina and William Allen
Jackson (20.30 ac, Doc. 2014082867), continuing in all 1534.18 feet
to an iron pin which was set in the South boundary of Lot 10, Block
P, of Durham Park Sec. 3 (Cabinet C, Slide 95, Plat Records). This
corner exists North of the fence corner;
THENCE with the South boundary of said Lot 10 and the North boundary
of the Pina Tract 2, N 68° 34' 55" E 1371.81 feet to an iron pin which
was found at the remains of a fence corner post;
THENCE with the East line of the property of Gabriel and Susie Pina,
and the West boundary of the property of the Liberty Hill Land
Partnership, Ltd. (640 ac. Doc. 2006079904);
S 20° 43' 35" E 1048.87 feet to a mag spike set in the East base of a
16 inch Elm that exists in the fence line; S 20° 34' 08" E 734.09 feet
to an iron pin which was found at the common East corner of the two
Pina tracts (2' Westerly from an 8' tall game fence);
S 20° 34' 08" E 552.91 feet to 20 iron pin which was found (2'
Westerly from an 8' tall game fence); and
S 20° 28' 34" E 1621.49 feet to the POINT OF BEGINNING.
TRACT 15
BEING A PORTION OF LOT 3, BLOCK D, OF DURHAM PARK SECTION FOUR, A
SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN CABINET C, SLIDES 97-99, PLAT RECORDS,
WILLIAMSON COUNTY, TEXAS, CONSISTING OF AN APPROXIMATE 5.02 ACRE
TRACT OF LAND, BEING THAT CERTAIN TRACT OF LAND CONVEYED TO NAUMANN
DEVELOPMENT CORPORATION, BEING LOT 3B, BLOCK D, CALLED 5.01 ACRES,
AS RECORDED IN VOLUME 902, PAGE 21 OF THE DEED RECORDS OF WILLIAMSON
COUNTY, TEXAS. SURVEYED ON THE GROUND IN THE MONTH OF DECEMBER,
1989, UNDER THE SUPERVISION OF DON H. BIZZELL, REGISTERED PUBLIC
SURVEYOR, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at an iron pin found at the Southeast corner of the above
referenced Lot 3B, being also the Southeast corner of Lot 3, Block
D, Durham Park Section Four, for the Southeast corner hereof;
THENCE, along the North line of North San Gabriel Loop and the South
line of the said Lot 3, S 70° 30' W, 240.57 feet to an iron pin set at
the beginning of a curve to the right, and along said curve, having
a radius of 950.00 feet, a cord bearing and distance of S 76° 54' W,
66.12 feet, for an arc distance of 66.13 feet to an iron pin found at
the Southwest corner of said Lot 3B and the Southeast corner of a
5.00 acre tract described in a Contract of Sale & Purchase between
the Veterans Land Board at Texas and Claud Carrol Pinson of record
in Volume 641, Page 176 of the Deed Records of Williamson County,
Texas, for the Southwest corner hereof;
THENCE, along the West line of the said Lot 3B, N 12° 56' W, 767.91
feet to an iron pin found at the Northwest corner of said Lot 3B and
the Northeast corner of the said Pinson 5.00 acre tract, for the
Northwest corner hereof;
THENCE, along the North line of said Lot 3B, being also a North line
of Durham Park Section Four, N 70° 34' E. 261.11 feet, to the
Northeast corner of said Lot 3B, for the Northeast corner hereof;
THENCE, along the East line of said Lot 3B, being also the East line
of the previously mentioned Lot 3, S 16° 20' E, 771.11 feet to the
Place of BEGINNING and containing 5.02 acres of land. Being the same
property conveyed to Roy Butler by Warranty Deed from Raymond O.
Horn and wife, Susie Horn, and Richard D. Horn and wife, Jeffra L.
Horn, dated April 13, 1990.
TRACT 16
TRACTS 1 AND 2, DURHAM PARK SUBDIVISION SECTION NO. 5, A SUBDIVISION
IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT OF RECORD
IN CABINET C, SLIDE 134, PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS,
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEING a tract of land containing 49.49 acres, more or less,
comprised of two (2) tracts known as 26.68 acre Tract 1, but found
to contain 26.52 acres by re-calculation 22.95 acre Tract 2, but
found to contain 22.97 acres by re-calculation, of Section No. 5 of
the Durham Park Subdivision of record in Cabinet C-134 of the Map
Records of Williamson County, Texas. Said 49.49 acres being now
described hereof by metes and bounds, to-wit:
BEGINNING at an iron rod found for the northeasterly corner of said
Tract No. 2, the northwesterly corner of Tract No. 3 of said
Subdivision and the northeasterly corner hereof;
THENCE S 19° 16' E along the common boundary of tracts 2 and 3 of said
subdivision, at 767.57 pass an iron rod in the northwesterly
boundary of a 50 foot roadway easement, at 792.57 feet in all, an
iron rod for the common corner of Tracts 2, 3, 4 and 5 of said
subdivision and the southeasterly corner hereof;
THENCE S 70° 30' W along the centerline of said 50 foot roadway
easement, at 1265.30 feet pass an iron rod for the common corner of
Tracts 1, 2, 5, and 6 of said subdivision, at 2738.94 feet in all, a
point for the common corner of Tracts 1 and 6 for the southwesterly
corner hereof;
THENCE N 19° 30' W at 25.0 feet an iron rod in the northwesterly
boundary of said 50 foot roadway, also being the southeasterly
corner of Lot 3 Block 'D' of the Durham Park Subdivision, of record
in Cabinet C-98 of said Map Records, and being a westerly corner
hereof;
THENCE N 16° 20' W along the common boundary of said Lot 3 Block 'D'
and this tract hereof, at 768.74 feet an iron rod found for the
northeasterly corner of said Lot 3 Block 'D' and the northwesterly
corner of Tract No. 1 and this tract hereof;
THENCE N 70° 30' E along the northwesterly boundary of said
subdivision at 1440.0 feet pass an iron rod for the northwesterly
corner of Tract No. 2 and the northeasterly corner of Tract No. l,
at 2700.0 feet in all, the place of beginning, along with and
subject to said roadway easement as shown per plat;
Being the same property conveyed to Roy A. Butler by Warranty Deed
with Vendor's Lien from Naumann Development Corporation, dated
August 24, 1984, recorded at Vol. 1075, Page 738, Official Records
of Williamson County, Texas.
TRACT 17
Lot 3, DURHAM PARK, SECTION FIVE, a subdivision recorded in Cabinet
C, Slide 134, Plat Records, Williamson County, Texas.
TRACT 18
Lot 4, DURHAM PARK, SECTION FIVE, a subdivision recorded in Cabinet
C, Slide 134, Plat Records, Williamson County, Texas.
TRACT 19
Lot 5, DURHAM PARK, SECTION FIVE, a subdivision recorded in Cabinet
C, Slide 134, Plat Records, Williamson County, Texas.
TRACT 20
BEING 3.56 ACRES OF LAND OUT OF THE STEPHEN THORNTON SURVEY ABST.
#611 IN WILLIAMSON COUNTY, TEXAS, AND A PART OF A 33.88 ACRE TRACT
DESCRIBED IN A DEED TO NEAL C. FOUST, SR., OF RECORD IN VOL. 417,
PAGE 186, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SURVEYED ON THE
GROUND BY W. F. FOREST IN JANUARY OF 1975, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pipe found in the North R O W of RM 1869, N 60
deg. 27' E 79.3 feet from the original NW comer of the 33.88 acre
tract, the SW corner of the Horace Cromer tract described in a deed
of record in Vol. 554, Page 440, Deed Records, bears S 71 deg. 41' W
77.95 feet, said point is in the centerline of an old County Road
which is now closed;
THENCE with the centerline of the abandoned road and following a
fence line N 60 deg. 27' E 993.0 feet to an iron pipe, N 89 deg. 08' E
411.22 feet to an iron pipe and N 83 deg. 20' E 188.55 feet to an
iron pipe in the North R O W of RM 1869;
THENCE S 11 deg. 41' W 38.04 feet to a concrete R O W marker where
the R O W widens;
THENCE with the North R O W S 71 deg. 41' W at 200 feet pass a R O W
marker, in all 1532.4 feet to the POINT OF BEGINNING, containing in
all 3.56 acres of land.
Being the same property retained by Roy A. Butler in Warranty Deed
to Horace E. Cromer dated July 24, 1975, recorded at Vol. 617, Page
524, 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.0307 to read as
follows:
Sec.
8004A.0307.
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, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 5674 was passed by the House on May
10, 2025, by the following vote: Yeas 81, Nays 47, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5674 was passed by the Senate on May
28, 2025, by the following vote: Yeas 27, Nays 4.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor