HomeMy WebLinkAboutRES 022205-V - Create MUD Hamilton SurveyRESOLUTION NO. o&&a 05- V RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS REGARDING THE CREATION OF A MUNICIPAL UTILITY DISTRICT TO BE LOCATED IN WILLIAMSON COUNTY, TEXAS, ON A TRACT CONSISTING OF APPROXIMATELY 530 ACRES OF LAND GENERALLY SITUATED IN THE JOHN HAMILTON SURVEY, ABSTRACT NO. 282 IN WILLIAMSON COUNTY, TEXAS AND LOCATED OUTSIDE OF THE CITY'S CURRENT EXTRATERRITORIAL JURISDICTION. WHEREAS, a regular meeting of the City Council of the City of Georgetown, Texas (the "City Council") was held on February 22, 2005; and WHEREAS, notice of this regular meeting was properly posted, and a quorum of the City Council was present at the meeting; and WHEREAS, at the meeting, the City Council considered the creation of a Municipal Utility District in Williamson County, Texas to be located on approximately 530 acres of land in the area shown on the attached "Exhibit A," which is outside of the City of Georgetown's extraterritorial jurisdiction and WHEREAS, Article XVI, Section 59 (e) of the Texas Constitution provides that: "No law creating a conservation and reclamation district shall be passed unless, at the time notice of the intention to introduce a bill is published as provided in Subsection (d) of this section, a copy of the proposed bill is delivered to the commissioners court of each county in which said district or any part thereof is or will be located and to the governing body of each incorporated city or town in whose jurisdiction said district or any part thereof is or will be located. Each such commissioners court and governing body may file its written consent or opposition to the creation of the proposed district with the governor, lieutenant governor, and speaker of the house of representatives. Each special law creating a conservation and reclamation district shall comply with the provisions of the general laws then in effect relating to consent by political subdivisions to the creation of conservation and reclamation districts and to the inclusion of land within the district;" and WHEREAS, the City Council of the City of Georgetown, Texas has received a copy of a proposed bill entitled 'AN ACT RELATING TO THE CREATION, ADMINISTRATION, POWERS, DUTIES, OPERATION, AND FINANCING OF THE WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT 21," a copy of which is attached hereto as "Exhibit B; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1. The City Council hereby does not object to the creation of the Municipal Utility District in Williamson County, Texas as described in Exhibits 'A" and "B ", copies of which are attached hereto and made a part hereof as if set forth in full, provided that the following conditions are met: (1) wastewater service is provided to the District by a regional wastewater authority; and (2) the District complies with the ten is and conditions of the `AGREEMENT REGARDING SEWER SERVICE AREAS AND CUSTOMERS BY AND BETWEEN LOWER COLORADO RIVER AUTHORITY BRAZOS RIVER AUTHORITY, CITY OF GEORGETOWN, CITY OF LIBERTY HILL AND CHISHOLM TRAIL SPECIAL UTILITY DISTRICT' DATED TO BE EFFECTIVE AS OF FEBRUARY 1, 2005,' relating to provision of water and wastewater services to the District. SECTION 2. The Mayor is hereby authorized to sign this Resolution, and the City Secretary to attest. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this 22nd day of February, 2005. ATTEST, Sandra Lee, City Secretary APPR ?VED AS TO FORM: Patricia E. Carls BROWN & CARLS, LLP, City Attorney THE ETOWN: Gary Ne of , Mayor Res. baaol©s-v Kueera rnik z1 1\Vw 111f Ala II\V+1 1 I IWI Jil,T I GOTUJ p.e Exhibif 886-4 200/ZOO'd 019-1 09t2 SEP 219 .d.1_1 u*ai0 ! 1e11JRNIVJu011 oe12:11 90-LI-70 Res. 0zz2,05-V E h1;bed- "A" 02-18-05 10:18am From -Armbrust & B_Gcwn L.L.P. • 512 435 2360 T-715 P 004/018 F-021 H. B. No. AN ACT relating to the creation, administration, powers, duties, operation and financing of the Williamson County Municipal Utility District No. 21. BE IT ENAC 1 ED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. DEFINITIONS In this Act: (1) `Board" means the board of directors of the district. (2) "Commission" means the Texas Commission on Environmental Quality. (3) "District" means the Williamson County Municipal Utility District No. 21. SECTION 2. CREATION. (a) A municipal utility district, to be known as the Williamson County Municipal Utility District No. 21, is created in Williamson County, subject to approval at a confirmation election under Section 9 of this Act. (b) The district is a governmental agency and a political subdivision of this state. SECTION 3. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve a public use and benefit. (b) The distract is created under and is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. (c) All of the land and other property included within the boundaries of the district will be benefited by the works and projects that are to be accomplished by the district under powers conferred by Section 59, Article XVI, Texas Constitution. 1 207175-1 02/17/2005 Res. 02zzos-v Ex 02-18-05 10:18am From -Armbrust & BLown L.L.P. 512 435 2360 T-715 P.0051018 F-021 SECTION 4. 13OU^NDARIES. The boundaries of the district are as follows: BEING approximately 530 acres of land, situated in the John Hamilton Survey, Abstract No 282, 1n Williamson County, Texas, said land being those certain tracts of land, called 147.2 acres (Save and Except 45.3 acres) as described in Tract "A", and called 79.33 acres, as described in Tract ` B", as conveyed to Aubrey J. Daniell and wife Evangeline Jacob Daniell, by deed as recorded in Volume 444, Page 325, of the Deed Records of Williamson County, Texas, that certain tract of land, called 264.56 acres, as described in a deed to Gerald Kucera of record in Volume 1965, Page 587, of the Official Records of Williamson County, 'Texas, as described in Tract "C" that certain tract of land, called 1 31 acres, as conveyed to Gerald D. Kucera by deed recorded as Document No 2001010697 of the Official Records of Williamson County, Texas, as described in Tract "D", and that certain tract of land, called 117.34 acres, as conveyed to Gerald Kucera by deed recorded as Document No. 199962150 of the Official Records of Williamson County, Texas, as described in Tract "E", SAVE AND EXCEPT that portion of the above -referenced tracts included in the extraterritonal jurisdiction of the City of Georgetown, Texas, as of January 1, 2005. Those individual tracts being described as follows: Tract "A" Beginning 50 varas South 19 East from the most Easterly Southeast corner of a tract of 158 6 acres of land out of the C H Delaney and John Hamilton Surveys, this day conveyed to Mamie James by Emily Conaway, et al, thence North 19 West 674 varas to the most Easterly Northeast corner of the said 158.6 acre tract of land; thence South 71 West 400 varas for the most Northerly Southwest comer of this tract; thence North 19 West, at 138 varas, pass the Southwest comer of School Lot, at 253 varas, the Northwest comer of said school lot for the most Westerly Northwest comer of this tract thence with the fence line North 71 East, at 115 varas pass the Northeast comer of said school lot, and at 800 varas, a fence corner, and the Northeast comer of a 100 acre tract of land conveyed by Ed Conaway and wife to Emily Conaway by Deed dated November 25, 1924, and recorded in Volume 217, Page 500, of the Deed Records of Williamson County, Texas; thence North 19 West 292 varas, the Southwest comer of a 142 4/5 acre tract of land out of' said Hamilton Survey conveyed to Mrs. Elizabeth Tucker by her father; thence North 71 East 396 varas to a fence comer on the South line of said 142 4/5 acre tract; thence South 19 East 909 varas to a fence corner, thence South 71 West 396 varas to a fence corner; thence South 19 East 323 varas to the Northeast comer of the Second Tract of land described in Deed of even date herewith from Emily Conaway, et al to Rebecca Britton; thence South 71 West 400 varas to the place of beginning, containing 147.2 acres of land. Said field notes include the school lot above mentioned. SAVE AND EXCEPT 45.3 acres out of that portion of the above described lands which has been cultivated and is known as the "Field", the most westerly line being the fence on the east side of the Old Georgetown and Florence Road, extending East between the fence on the north and south sides of the "Feld" to a line parallel to the pasture fence on the East line of the field, so as to include 45.3 acres and no more. 207175-1 02/17/2005 2 ,es 022405 -V ►bi4 fPgt, 02-16-05 10:19am From -Armbrust & Brwn LL.P. 512 435 2360 T-715 P.006/016 F-021 Tract "B" FIRST TRACT: Beginning at the S E corner of a tract of 142-4/5 acres conveyed to Mrs. Tucker, by her father, a stone for corner, from which the S E comer of Mrs. Tucker's 200 acre tract brs N 19 W 51 grs and a large elm tree on the North Bank of Berry's Creek brs N 19 W 59 vrs and a post oak tree 14 inches in dia brs S 19 E 25 vrs; Thence S 71 W with the south line of said 142-4/5 acre tract, 199.62 vrs a stake from which a Post Oak. 5 inches in dia brs S 61-3/4 W 4-1/5 vrs and another post oak 5 inches in dia brs S 47'/2 E 2-1/5 vrs; Thence S 19 E 909 vrs diameter brs N 19 W 91/2 vrs 14 inches in diameter brs S 71 W 3-3/5 vrs; Thence N 71 E 198.87 vrs to a stake for a S E corner; Thence N 19 W 909 vrs to the place of beginning, containing 32.08 acres of land more or less. Second Tract: Beginning at the N W corner of the above described tract; Thence S 19 E with the West line of the above described tract, 909 vrs to a stake for the S W corner of the above described tract and the S E corner hereof; Thence S 71 W 199 vrs to the S W comer hereof Thence N 19 W at 1293 vrs the center of Berry's Creek from which an elm 20 inches m dia marked X brs N 42-10 E 25 / vrs, a hackberry 18 inches in dia marked X brs N 20-191/2 vrs; Thence down said Creek with meanders of same about as follows: N 78 E 55 vrs; S 80 E 150 vrs S11E120vrs;S68'/2E150vrs, N88'/2E123vrs tothe S E comer of the Tucker's Home tract and the S W corner of Mrs. Mary M. Poole's home tract; Thence S 19 E 51 vrs to the N E comer of the above mentioned tract of 32.08 acres; Thence S 71 W 199 vrs to the place of beginning, containing 47-1/4 acres of land more or less. Tract "C" Field notes for a tract of 264.56 acres of land out of the John Hamilton Survey, Abstract No. 282, in Williamson County, Texas; bemg out of and a part of that tract of land described as containing 261.44 acres in: (1) a deed from Russell Kinningham, et ux, to Glenn Neans, dated July 8 1976 and recorded in Volume 641 Page 288 of the Deed Records of Williamson County texas; and (2) a sales contract from Glenn Neans to Crest Homes (a Division of Mark Electric, Inc ) that is dated October 3, 1978. Beginning at the point of intersection of the center of Berrys Creek, which bounds this tract along the north, with the northerly projection of the northmost portion of an old wire fence line along the west hne of the above described 261.44 acre tract, said point bearing N 16°26' W 47 ft distant from a dead 12" tree trunk, at the end of said fence line, on the south hank of said creek; said point of intersection being at or near the following: (1) the northwest comer of the above described 261.44 acre tract; (2) the northeast corner of that 47.25 acre tract described in a deed from Frank Conaway, et al, to Aubrey J. Daniell, et ux, dated March 20, 1961, and recorded in Volume 444, Page 325 of the Deed Records; (3) the southeast corner of that 200 acre tract described in a deed from Laveta Tisdale, et al, to Wallace Suttles, dated September 4, 1946, and recorded in Volume 339, Page 514 of the Deed Records; and (4) the southwest corner of that 319 acre tract described in a deed from George Meatsler, et ux, to Mary Poole, dated June 26, 1894, and recorded in 3 207175-1 02/17/2005 0 22205-V Sc 02-18-05 10:19am From -Armbrust & Brown L.L.P. 512 435 2360 T-715 P.00T/018 F-021 Volume 71, Page 272 of the Deed Records (said 319 acre tract having been granted to the Cumberland Presbyterian Church Orphans Home in the will of said Mary Poole which was dated February 3. 1944); for the POINT OF BEGINNING and Northwest corner hereof. Thence leaving said Berrys Creek, and proceeding along the aforementioned old wire fence line along the west line of said 261.44 acre tract and the upper east line of the above descnbed Daniell 47 25 acre tract, S 16°26' E, at 47 ft. pass the aforementioned dead 12" tree trunk at the beginning of said fence, in all 160.14 ft. to a fairly new cedar comer post at an ell corner, as fenced, of said 47.25 acre tract, said point being the northeast fence corner of that 32.08 acre tract described in the aforementioned deed to Daniell. Thence continuing along said old wire fence line along the west line of said 261.44 acre tract, and along the east line of said Daniell 32.08 acre tract, as follows: S 17°08' E 193 56 ft , a post; S 18°38 E 463.36 ft., a post; S 20°33' E 195.58 ft., a post; S 21°06' E 32.22 ft., a post; S 18'58' E 218.85 ft., a 17" Live Oak; S 21°06' E 130.80 feet, a post at the north end of a gate; S 28°09' E 16.75 ft., a post at the south end of said gate, S 21°04' E 90.94 ft., a post, S 18°52' E 64.38 it, a post, S 18°14' E 100 79 ft., a post; S 20°14' E 258.38 ft., a 13" Cedar; S 18°27' E 288.70 ft., a post; S 15°15' E 299.65 ft , a post; and S 12°59' E 78.58 ft. to an old comer post at the southeast fence comer of said Daniell 32.08 acre tract, also being the northeast fence corner of that 128 acre "FIRST TRACT" descnbed in a deed from Oscar M. Beaver, Jr, et ux, to Ernest G. Walston, et al, dated June 20, 1962, and recorded in Volume 452, Page 382 of the Deed Records. Thence proceeding along a fairly new wire fence line, along the west line of said 261.44 acre tract and the east line of said Walston 128 acre ' FIRST TRACT" as follows S 19°58' E 139 79 ft., a post; S 19°46' E 471.85 if, a post; S 19°42' E 1092.80 ft., a post in concrete; and S 19°38' E 432.03 ft. to a large cedar corner post, in concrete, at the southwest fence corner of said 261.44 acre tract; said point being the northwest fence corner of that 1.5 acre tract which is an approximately 30 ft. wide land running along the south line of said 261.44 acre tract, described as the "SECOND TRACT" in the aforementioned deed from Beaver to Walston; for the Southwest comer hereof; Thence leaving said Walston 128 acre east line, and proceeding along an old wire fence line along the south line of said 261.44 acre tract and the north line of said Walston 1 5 acre "SECOND TRACT' as follows N 71°39' E 382 38 ft., a post; N 69°59' E 265.02 ft., a dead 5' tree trunk; N 71°35 E 587.40 ft., an 11" Cedar; N 74°20' E 416 14 ft., a 4" dead tree trunk in a cluster; N 79°18' E 362.23 ft., a 7" Oak; N 77°18' E 157.46 ft., a 5" tree; and N 70°57' E 44.50 ft. to an iron stake found, beside an old corner post, at the southeast fence corner of said 261.44 acre tract and the northeast fence corner of said 1.5 acre Walston tract; said point being in the west fence line of that 4.39 acre tract described in a deed from Russell Kinningham et ux, to William O. Reed, Jr., dated February 15 1979, and recorded in Volume 748, Page 630 of the Deed Records; said point also being in the west fence line of that 100 acre tract described in a deed from Oscar M. Beaver, Jr , et ux, to Edward Y. Beaver, dated January 17, 1964, and recorded in Volume 465, Page 207175-102/17/2005 4 Res. oznzo$-V hib; i tJ 02-16-05 10:l0am From -Armbrust & Brown L.L.P. 512 435 2360 T-715 P.006/018 F-021 615 of the Deed Records; said point also being in the west line of a 30 ft. wide easement which was conveyed in the aforementioned deed from Oscar Beaver to Ernest Walston, said easement beginning at the southeast comer of the aforementioned 1.5 acre "SECOND TRACT" tmd running northerly and parallel to the west line of that 324.3 acre tract, described in a deed from Edward Y. Beaver, et al, to Oscar M. Beaver, Jr , dated October 24, 1949, and recorded in Volume 358, Page 335 of the Deed Records, for a distance of about "2776 ft." to the south line of a ` community road running easterly and westerly through the Beaver and Brooks properties'; for the Southeast corner hereof. Thence proceeding along an old wire fence, along the east line of said 261.44 acre tract and the west line of said Reed 4.39 acre tract (and west line of said Edward Beaver 100 acre tract), N 13°36' W 100.22 it. to an iron stake set, west of a newer cedar post, at or near the northwest corner of said Reed 4.39 acre tract and an ell corner of said 261.44 acre tract, for an ell corner hereof Thence proceeding along a fairly new wire fence along the upper north line of said Reed tract, N 76°58' E 31.69 ft. to an iron stake found, beside a comer post at an ell corner of said 261.44 acre tract; for an ell corner hereof. Thence proceeding along a fairly new wire fence line running along the east line of said 261.44 acre tract said fence also running along that line described in a fence line agreement between Russell Kinningham, et ux and Edward Y. Beaver, et ux, dated July 8, 1976, and recorded in Volume 641, Page 283 of the Deed Records, as follows: N 16°36' W 367.71 ft., a large corner post which bears N 85°04' E 11.8 ft. distant from an iron stake found in the remains of an old wire fence line running in a northerly direction; N 16°55' W 710.60 ft., a post; N 17°17' W 470.20 ft., a post; N 17°25' W .52 ft., a post; N 17°44' W 382.69 ft., a post, N 17°28' W 392.16 ft., a large post, at the south end of a gate, in the south margin of a lane; leaving said fence, N 64°42 W 33.86 ft., an iron stake found in the base of a broken off post; and N 20°41' W 44.16 ft. to a cedar post, in concrete, at the present northwest fence corner of the land owned by said Edward Beaver, also being the southwest comer of that 20 acre tract described in a sales contract from the Texas Veterans Land Board to William Gray Bryant, Jr., dated July 13, 1974, and recorded in Volume 591, Page 731 of the Deed Records; said point also being at or near the most northwesterly comer of that 50 ft, wide easement conveyed from Edward Y. Beaver, et ux to Russell Kinningham, dated October 15, 1974, and recorded in Volume 597, Page 385 of the Deed Records (said easement connecting with three additional easements, conveyed to Russell Kinningham of record in Volume 597, Pages 382, 359 and 362 of the Deed Records of Williamson County, Texas, which proceed northeasterly to Texas State Highway 195). Thence proceeding along an old wire fence, along the east line of said 261.44 acre tract and the west line of said Bryant 20 acre tract, as follows: N 20°41' W 37.00 ft., a post; N 19°50' W 261.20 ft., a post; N 21°02' W 129.08 ft., a post; N 19°29' W 18335 ft., a post N 17° 14' W 707.51 ft., a post; N 18°02' W 593.71 ft., a post; N 17° 11' W 267.60 ft , a 30' Live Oak; N 45°22' W 40.04 ft., a 12' Bois d'Arc, on the south bank of the aforementioned Berrys Creek, at the end of said fence line; and N 13°25' W 39.61 ft. to a 5 207175-1 02/172005 es. DzzzO5-V Ex.hibi} "0" 02-18-05 10:20am From -Armbrust & Brown L L P. • 512 435 2360 7-715 P.008/018 F-021 point in the center of said Creek, being at or near the northeast corner of said 261.44 acre tract and the northwest comer of said Bryant 20 acre tract said point also being at or near the following: (1) the southeast corner of the aforementioned Mary Poole 319 acre tract; and (2) an ell corner of that 177.79 acre tract described in a deed from Oscar M. Beaver, Jr., et ux, to William Gray Bryant, Jr., et ux, dated April 24, 1974, and recorded in Volume 586, Page 812 of the Deed Records; for the Northeast corner hereof; Thence proceeding up the center of said Berrys Creek, being the north line of said 261.44 acre tract and the south line of said 319 acre tract, as follows: S 73°05' W 216.60 ft.; S 69°48' W 349 60 ft.; N 77°53' W 174 00 ft.; N 64°57' W 147.40 ft.; N 67°04 W 151.00 ft.; S 62°52' W 547.60 ft.; S 80°32' W 122.40 ft.; S 70°13' W 177 00 ft.; S 20°34 W 240 00 ft. S 30°22' W 197.60 ft.; S 81°33' W 151.00 ft.; and S 88°33' W 100.70 ft. to the POINT OF BEGINNING, containing 264.56 acres of land. Tract "D" BEING 1.31 acres of land, situated in the John Hamilton Survey, Abstract No. 282, in Williamson County, Texas, said land being a portion of that certain Second Tract, called 1.5 acres, as conveyed to Ernest G. Walston and Buford M. Homeyer by deed as recorded in Volume 452, Page 382, of the Deed Records of Williamson County, Texas Surveyed on the ground in the month of September, 1999, under the supervision of Don H. Bizzell Registered Professional Land Surveyor, and being more particularly described as follows; BEGINNING at an iron pin found marking the Northeast corner of the above -referenced Walston and Homeyer Second Tract, being the Southeast comer of that certain tract of land, called 264.56 acres, as conveyed to Gerald Kucera by deed as recorded in Volume 1965, Page 587, of the Official Records of Williamson County, Texas, being on the west line of that certain Tract II, called 4.39 acres, as conveyed to Robert C. Williamson and wife, to Ann Williamson, by deed as recorded in Volume 873, Page 349, of the Deed Records of Williamson County, Texas, for the Northeast comer hereof; THENCE, along the west line of the said Williamson Tract II, S 14° 22'E, 31.24 feet to an iron pin found marking the Southeast corner of the said Walston and Homeyer Second Tract, being the Northeast comer of that certain tract of land, called 117.34 acres as conveyed to Gerald Kucera by deed recorded as Document No. 199962150 of the Official Public Records of Williamson County, Texas, for the Southeast corner hereof; THENCE, along the occupied south line of the said Walston and Homeyer Second Tract, being the north line of the said 117 34 acre Kucera tract, as follows; S 76° 25' 30" W, 256.33 feet to an iron pin found; S 78° 56' W, 289.62 feet to an iron pin found; S 74° 09' W, 308.57 feet to an iron pin found; S 72° 17' W, 274.28 feet to an iron pin found; S 71 ° 30' W, 277.22 feet to an iron pin found; S 70° 35' 30" W, 266.63 feet to an iron pin found and S 70° 46' 30" W, 209.61 feet to an iron pin set for the Southwest corner hereof; said point being N 70° 46' 30" E, 60.00 feet from the most northerly Northwest corner of the said 117.34 acre Kucera tract; 207175-102/17/2005 Res. ozzzos-v 6 6 02-18-05 10:20am From -Armbrust & Br_4.wn L.L.P. 512 435 2360 T-715 P.010/016 F-021 THENCE, N 19° 16' 30" W, 26.84 feet to a mag nail set in rock on the occupied north line of the said Walston and Holneyer Second Tract, being the south line of the said 264.56 acre Kucera tract, for the Northwest corner hereof; THENCE, along the occupied north line of the said Walston and Horneyer Second Tract, being the south line of the said 264 56 acre Kucera tract, as follows; N 71° 15' 30" E, 52.51 feet to an iron pin set; N 69° 35' 30" E, 265.02 feet to an iron pin set; N 71° 11' 30" E, 587 40 feet to a spindle set in the east side of a 16" Cedar 6 feet above ground N 73° 56' 30" E, 416.14 feet to an iron pin set; N 73° 54' 30" E, 362.33 feet to an iron pin. set; N 76° 54' 30" E, 157.46 feet to an iron pin set and N 7D° 33' 30" E, 44 50 feet to the Place of BEGINNING and containing 1.31 acres of land. Tract "E" BEING 117.34 acres of land, situated in the John Hamilton Survey, Abstract No. 282 and the Frederick Foy Survey, Abstract No 229, in Williamson County, Texas, said land being that certain Tract One, called 117.23 acres and that certain Tract Two, called 0 138 of an acre, as conveyed to Keystar Whisperwood II, Ltd by deed as recorded in Volume 2510, Page 125, of the Official Records of Williamson County, Texas. Surveyed on the ground in the month of August, 1999, under the supervision of Don 14. Bizzell, Registered Professional Land Surveyor, and being more particularly described as follows; BEGINNING at an iron pin found at the Northwest corner of Jennings Branch, an existing dedicated roadway, marking the Southwest corner of the above -referenced Tract Two, being on the east line of the Resubdivision of a Portion of Lot 16, Block One, Whisper -wood I and a 0.0358 of an acre, a subdivision of record in Cabinet N, Slide 239, of the Plat Records of Williamson County, Texas, marking the most easterly Southwest corner of that certain tract of land, called 13.536 acres, as conveyed to Martin L. McCarley, by deed as recorded to Volume 2445, Page 227, of the Official Records of Williamson County, Texas, for the most westerly Southwest corner hereof; THENCE, along the west and north lines of the said Tract Two, N 19° 33' W, at 29.92 feet pass an iron pin found marking the Northeast corner of the said Resubdivision of a Portion of Lot 16 Block One, Whisperwood 1, and a 0.0358 of an acre, being an interior corner of the said McCarley tract, for a total distance of 106.04 feet, in all, to an iron pin set at the beginning of a curve to the right, (Radius = 75.00 feet, Long Chord bears N 25° 42' E, 106.38 feet); Thence, along the said curve for an arc distance of 118.26 feet to an iron pin set for the Northeast corner of the said Tract Two, being the most westerly Northwest comer of the above -referenced Tract One and an interior corner of the said McCarley tract; Thence N 70° 28' 30" E, 280.30 feet to an iron pin found marking an interior comer of the said Tract One, being the most easterly Southeast comer of the said McCarley tract, for an interior corner hereof; 7 2071754 02/17/2005 Res. pz2205-V Ex-h4bft 02-18-05 10:21am From -Armbrust & B o n L.L.P. 512 435 2360 7-715 P.011/018 F-021 THENCE, N 19° 16' 30" W 804.04 feet to an iron pin found marking the moct northerly Northwest corner of the said Tract One, being the Northeast corner of the said McCarley tract and on the south line of that certain Second Tract, called 1.5 acre, as conveyed to Ernest G. Walston and Buford M. Horneyer by deed as recorded in Volume 452, Page 382, of the Deed Records of Williamson County, Texas, for the Northwest corner hereof; THENCE, along the north line of the said Tract One, being the south line of the said Walston and Homeyer tract, as follows; N 70° 46' 30" E, 269.61 feet to an iron pin found; N 70° 35' 30" E, 266.63 feet to an iron pin found; N 71° 30 E, 277.22 feet to an iron pin found; N 72° 17' E, 274.28 feet to an iron pin found; N 74° 09' E, 308.57 feet to an iron pin found; N 78° 56' E, 289.62 feet to an iron pin found and N 76° 25' 30" E, 256.33 feet to an iron put found on the west line of that certain Tract I1, called 4.39 acres, as conveyed to Robert C. Williamson and wife, Jo Ann Williamson, by deed as recorded in Volume 873, Page 349, of the Deed Records of Williamson County, Texas, marking the Northeast corner of the above -referenced Tract One, being the Southeast corner of the said Walston and Homeyer tract, for the Northeast corner hereof; THENCE, along the east line of the said Tract One, being the west line of the said Williamson Tract II, as follows; S 14° 54' 30' E, 53 14 feet to a nail set; S 20° 42 30" E, 147 05 feet to a nail found; S 27° 05' E, 470 13 feet to a nail found; S 29° 20' 307 E, 66.21 feet to an iron pin found; S 29° 52' E, 461.47 feet to a nail found; S 13° 35' 30" E 44.93 feet to a nail found and S 3° 25' 30' E, 29.75 feet to an iron pin found marking the Southwest corner of the said Williamson Tract II, being the Northwest corner of that certain tract of land, called 15.00 acres, as described in a Contract of Sale and Purchase between the Veteran's Land Board of Texas and James Eugene Lax, of record in Volume 859, Page 912, of the Deed Records of Williamson County, Texas, said Contract being assigned to Coy Fancher by Assignment of Veteran's Land Board Contract of Sale and Purchase of record in Volume 1774, Page 539, of the Official Records of Williamson County, Texas, and continuing along the west line of the said Fancher tract, S 2° 03' E, 46.95 feet to an iron pin found; S 2° 17' 30" E, 188.35 feet to a nail found; S 12° 52' 30" E, 156.29 feet to a nail found; S 16° 28' 30" E, 160.13 feet to a nail found at a 25" Live Oak; S 11 ° 25' 30" E, 105.55 feet to a nail found S 31° 21' E, 33.76 feet to a nail found; S 14° 20' 30" E, 174.86 feet to an iron pin found, S 15° 22' E, 337.70 feet to an iron pin found and S 14° 59' 30" E, passing the common line between the John Hamilton Survey, Abstract No. 282 and the Frederick Foy Survey, Abstract No. 229, for a total distance of 356 22 feet, in all, to an iron pin found at a fence comer marking the Southeast corner of the above -referenced Tract One, being on the north line of that certain Tract I, called 900.86 acres, as conveyed to John F. Yearwood by deed as recorded in Volume 1813 Page 665, of the Official Records of Williamson County, Texas, being the Southwest corner of the said Fancher tract, for the Southeast corner hereof; THENCE, S 70° 34' 30" W, 1229.98 feet to an iron pin found marlcing the most southerly Southwest corner of the said Tract One, being on the east line of Lot 9, Block Two, of Whisperwood 1, a subdivision of record in Cabinet I, Slide 102, of the Plat Records of Williamson County, Texas, being the Northwest corner of the said Yearwood tract, for the Southwest corner hereof; 207175-1 02/17/2005 8 Res. Dzz205-V bit 02-18-05 10:21am From -Armbrust & B,r-nwn L.L.P. 512 435 2360 T-715 P.012/018 F-021 THENCE, along the west line of' the said Tract One, being the east line of the said Whisperwood 1, N 19° 17' 30" W, 130.08 feet to an iron pin found marking the Northeast corner of the said Lot 9, Block Two, being the most easterly corner of Lot 10, Block Two, of the said Whisperwood 1, being on, or near, theco Survey,on Abstract Nobetween . Frederick Foy Survey, Abstract No. 229 and 282 N 66° 32' 30" W, 418.29 feet to an iron pin found marking the Northeast corner of the said Lot 10, Block Two, being the Southeast corner of Lot 11, Block Two, of the said Whisperwood I, and N 19° 31' W, at 324.93 feet pass the Northeast comer of the said Lot 11 Block Two, being the Southeast corner of Lot 12, Block Two, of the said Whisperwood I, at 649 82 feet pass the Northeast corner of the said Lot 12, Block Two , being the Southeast corner of the said Lot 13, Block Two for a total distance of 974.89 feet, in all, to an iron pin found marking an interior comer of the said Tract One, being the Northeast corner of the said Lot 13, Block Two, for an interior comer hereof; THENCE, along the north line of the said Lot 13, Block Two, S 70° 28' 30" W, 335.04 feet to an iron pin found marking a southwesterly corner of the said Tract One, marking the Southeast corner of Lot 14, Block Two, of the said Whisperwood I, for a southwesterly corner hereof; THENCE, N 19° 29' 30" W, 650.10 feet to an iron pin found marking an interior corner of the said Tract One, being the Northeast corner of the said Lot 14, Block Two, for an interior comer hereof; THENCE, along the south and east lines of the said Tract One, being the north and west lines of the said Lot 14, Block Two to thes °llows, S left, (Radius 28' 30" 15 00 feet3 Long Chord bearsiron S pin set at the beginning of a c 25° 13' W, 21.28 feet); Thence, along the said curve for an arc distance 23.66 feet to an iron pin found; Thence, S 19° 28' E, 106.07 feet to a railroad spike found at the Northeast comer of the said Jennings Branch, marking the most westerly Southeast comer of the said Tract One, for the most westerly Southeast corner hereof; THENCE, along the north line of the said Jennings Branch, S 70° 39' 30" W, at 30.01 feet pass a cotton picker spindle found marking the most westerly Southwest corner of the said Tract One, being the most l southerly Pla�e of BEGINNING and utheast corner of the said Tract 1,1for 34 total distance of 59.95 feet,, acres of land. 9 207175-1 02/17/2005 g 5, 0 22.105 -V Lx Ir 02-18-05 10:22am From -Armbrust & Brown L.L.P. 512 435 2380 T-715 P.013/018 F-021 SECTION 5. FINDINGS RELATIVE TO BOUNDARIES. The legislature finds that the boundaries and field notes of the district form a closure. If a mistake is made in the field notes or in copying the field notes in the Iegislative process, the mistake does not affect in any way: (1) the organization, existence, or validity of the district; (2) the right of the district to impose taxes; or (3) the legality or operation of the district or the board. SECTION 6. APPLICABILITY OF OTHER LAW. This Act prevails over any provision of general law that is in conflict or inconsistent with this Act. SECTION 7. BOARD OF DIRECTORS. (a) The district is governed by a board of five directors. (b) Section 9 of this Act. (c) Initial directors serve until permanent directors are elected under Section 10 of this Act. (d) Permanent directors serve staggered four-year terms. (e) Each director must qualify to serve as director in the manner provided by Section 49.055, Water Code. of: (I) Temporary directors serve until initial directors are elected under A director serves until the director's successor has qualified. SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board consists (1) Stephen Stilp (2) Stanton Meeks 10 207175-1 02/17/2005 Res. ozzzo5-V Exhi 02-18-05 10:22am From -Armbrust & Bt.)wn L.L.P. 512 435 2360 T-715 P.0141018 F-021 (3) Jeff Henley (4) Tommy Cain (5) David Crist (b) If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy. If at any time there are fewer than three qualified temporary directors, the commission shall appoint the necessary number of persons to fill all vacancies on the board. SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) The temporary board of directors shall call and hold an election to confirm the establishment of the district and to elect five initial directors as provided by Section 49.102, Water Code. (b) The initial directors elected shall draw lots to decide which two shall serve terms lasting until replacement directors are elected at the first regularly scheduled election of directors under Section 10 of this Act and which three shall serve until the second regularly scheduled election of directors. SECTION 10. ELECTION OF DIRECTORS. (a) On the first Saturday in May of the first even -numbered year after the year in which the district is authorized to be created at a confirmation election, an election shall be held in the district for the election of two directors to replace the two initial directors serving shorter terms from the confirmation election. (b) On the first Saturday in May of each subsequent even -numbered year following the election, the appropriate number of directors shall be elected. 11 207175-1 02/17/2005 es. 0 2.22.05-V Exhihif't3" 02-18-05 10:22am From -Armbrust & Brpwn L.L P. 512 435 2360 T-715 P.015/018 F-021 SECTION 11. GENERAL POWERS. The district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapter 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution. The district shall also have powers to finance and construct necessary roadways within the boundaries of the district. SECTION 12. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. A municipality in whose extraterritorial jurisdiction the district is located, partially or in its entirety, may not adopt an ordinance or resolution or take any other action that: (1) impairs the ability of the district to exercise its powers under this article; or (2) limits the ability of the district to finance, construct, or operate its water, wastewater, or drainage systems. SECTION 13. ANNEXATION. (a) A municipality may annex land within the district pursuant to Chapter 43 of the Local Government Code only after the installation of 90 percent of all works, improvements, facilities, plants, equipment, and appliances necessary and adequate to: (1) provide service to the proposed development within the district; (2) accomplish the purposes for which the district was created; and (3) exercise the powers provided by the general law of this state and this article. (b) Such installation of 90 percent prior to any annexation of land within the district by a municipality is required regardless of whether the district is located within the extraterritorial jurisdiction of one or more municipalities. 12 207175-1 02/17/2005 es. d 2,2.105-V Exhtbi 02-18-05 10:22am From -Armbrust & B''wn L.L.P. 512 435 2360 T-715 P 016/018 F-021 (c) The district may add or exclude land in the manner provided by Chapters 49 and 54, Water Code, without the consent of any municipality. SECTION 14. REIMBURSEMENT TO LANDOWNER OR DEVELOPER; INSTALLATION OF FACILITIES. If a municipality in whose extraterritorial jurisdiction the district is located annexes the district for full or limited purposes and the annexation precludes or impairs the ability of the district to issue bonds, the municipality shall: (1) simultaneously with the annexation, pay in cash to the landowner or developer of the district a sum equal to all actual costs and expenses incurred by the landowner or developer in connection with the district that the district has, in writing, agreed to pay and that would otherwise have been eligible for reimbursement from bond proceeds under the rules and requirements of the commission as such rules and requirements exist on the date of annexation; and (2) after the annexation, install all necessary water, wastewater, and drainage facilities to serve full buildout of development within the district. SECTION 15. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (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 and entities to which they are required to be furnished under Section. 59, Article XVI, Texas Constitution, and Chapter 313, Government Code. The governor, one of the required recipients, has submitted the notice and Act to the commission. 13 207175-1 02/17/2005 Reg. 0zzzo5-V axhibfd- 02-18-05 10:23am From -Armbrust & Brown L.L.P. 512 435 2360 T-715 P.01T/018 F-021 (b) The commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time. (c) 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 16. EFFECTIVE DATE; EXPIRATION DATE. This Act takes effect September 1, 2005. 14 207175-1 02/17/2005 022z05-V Exhib;f 02-18-05 10:23am From -Armbrust & Brnwn I LP. 512 435 2360 T-715 P 018/018 F-021 Notice This is to give notice of the intention to introduce, in the 79th Legislature, Regular Session, a bill to be entitled "An Act Relating to the Creation, Administration, Powers, Duties, Operation, and Financing of Williamson County Municipal Utility District No. 21 in Williamson County, Texas.' The proposed law would provide for the creation of Williamson County Municipal Utility District No. 21, upon all or a part of approximately 530 acres of land located in Williamson County, Texas. The proposed district would generally have the powers and authority provided by Chapters 49 and 54, Texas Water Code. 207159-1 (My1742005 Res. 022.203-V Ex h i hN t,