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AN ACT
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relating to the creation, administration, powers, duties, |
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functions, operations, and financing of the Fort Griffin Special |
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Utility District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7210 to read as follows: |
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CHAPTER 7210. FORT GRIFFIN SPECIAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7210.001. DEFINITION. In this chapter, "district" |
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means the Fort Griffin Special Utility District. |
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Sec. 7210.002. NATURE OF DISTRICT. The district is a |
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special utility district in portions of Shackelford, Stephens, and |
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Throckmorton Counties created under and essential to accomplish the |
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purposes of Section 59, Article XVI, Texas Constitution. The |
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district is created to serve a public use and benefit. |
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Sec. 7210.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation and |
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initial directors' election held before September 1, 2009: |
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(1) the district is dissolved on September 1, 2009, |
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except that: |
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(A) any debts of the district incurred shall be |
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paid; |
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(B) any assets of the district that remain after |
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the payment of debts shall be transferred to Shackelford, Stephens, |
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and Throckmorton Counties as appropriate; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2012. |
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Sec. 7210.004. APPLICABILITY OF OTHER SPECIAL UTILITY |
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DISTRICT LAW. Except as otherwise provided by this chapter, |
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Chapters 49 and 65, Water Code, apply to the district. |
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Sec. 7210.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to issue any type of |
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bond, including a refunding bond, for a purpose for which the |
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district is created or to pay the principal of and interest on a |
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bond; or |
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(3) the legality or operation of the district or the |
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board of directors of the district. |
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[Sections 7210.006-7210.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 7210.021. TEMPORARY DIRECTORS. (a) The temporary |
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board of directors of the district is composed of: |
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(1) E. D. "Buddy" Fincher; |
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(2) Sam R. Snyder; |
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(3) Burrell R. McKelvain; |
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(4) John A. Adams; |
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(5) James Lamoine Johnson; |
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(6) Sidney Collinsworth; and |
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(7) Richard Lawrence Spore. |
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(b) Each temporary director shall qualify for office as |
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provided by Section 49.055, Water Code. |
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(c) If a temporary director fails to qualify for office, the |
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temporary directors who have qualified shall appoint a person to |
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fill the vacancy. If at any time there are fewer than four |
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qualified temporary directors, the Texas Commission on |
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Environmental Quality shall appoint the necessary number of |
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directors to fill all vacancies on the board. |
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(d) Temporary directors serve until initial directors are |
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elected under Section 7210.022. |
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(e) As soon as practicable after all the temporary directors |
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have qualified under Section 49.055, Water Code, the temporary |
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directors shall meet and elect officers from among their |
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membership. |
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Sec. 7210.022. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. (a) The temporary directors shall hold an election to |
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confirm the creation of the district and to elect seven initial |
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directors in accordance with Chapters 49 and 65, Water Code, on or |
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before September 1, 2009. |
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(b) The temporary board of directors shall determine the |
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method for determining the initial term of each person on the |
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initial board of directors. The terms must be clearly stated on the |
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ballot for the confirmation and directors' election. |
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(c) Section 41.001(a), Election Code, does not apply to a |
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confirmation election held as provided by this section. |
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(d) Initial directors serve until the first regularly |
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scheduled election of directors under Subchapter C, Chapter 65, |
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Water Code. |
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Sec. 7210.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If the |
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district's creation is confirmed under Section 7210.022, the |
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Shackelford Water Supply Corporation shall transfer the assets, |
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debts, and contractual rights and obligations of the corporation to |
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the district. |
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(b) Not later than the 30th day after the date of the |
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transfer under Subsection (a), the board of directors of the |
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Shackelford Water Supply Corporation shall commence dissolution |
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proceedings of the corporation. |
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(c) On dissolution of the Shackelford Water Supply |
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Corporation, Certificate of Convenience and Necessity No. 11637 is |
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considered to be held by the district. |
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(d) The board of directors of the Shackelford Water Supply |
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Corporation shall notify the Texas Commission on Environmental |
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Quality of the dissolution of the corporation and of the transfer of |
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Certificate of Convenience and Necessity No. 11637 to the district. |
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(e) On receipt of notice under Subsection (d), the Texas |
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Commission on Environmental Quality shall note in its records that |
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Certificate of Convenience and Necessity No. 11637 is held by the |
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district and shall reissue the certificate in the name of the |
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district without further application, notice, or hearing. A person |
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does not have a right to protest or to request an administrative |
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review of the transfer prescribed by this section. |
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Sec. 7210.024. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2012. |
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[Sections 7210.025-7210.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7210.051. DIRECTORS. The district is governed by a |
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board of not fewer than five and not more than 11 directors. |
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[Sections 7210.052-7210.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7210.101. GENERAL POWERS. Except as otherwise |
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provided by this subchapter, the district has all of the rights, |
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powers, privileges, functions, and duties provided by the general |
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law of this state, including Chapters 49 and 65, Water Code, |
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applicable to special utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7210.102. WATER SERVICE IMPACT FEE. (a) The district |
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may charge a water service impact fee that is equal to the equity |
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buy-in fee charged by the Shackelford Water Supply Corporation on |
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December 31, 2006, under that corporation's tariff. |
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(b) Chapter 395, Local Government Code, does not apply to |
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the initial water service impact fee set under this section. |
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(c) The district may increase the water service impact fee |
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only as provided by Chapter 395, Local Government Code, or as |
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approved by the Texas Commission on Environmental Quality. |
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SECTION 2. The Fort Griffin Special Utility District |
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initially includes all the territory contained in the following |
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area: |
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BEING that portion of Stephens, Shackelford and Throckmorton |
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Counties of Texas, which has a boundary more particularly described |
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as follows: |
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BEGINNING at the Northwest corner of said Stephens County, |
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same being the Northeast corner of said Shackelford County and said |
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point being on the South line of said Throckmorton County; |
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Thence North 89 degrees 36 minutes East, 8,314 feet along the |
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common boundary line of said Stephens and Throckmorton Counties to |
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a point; |
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Thence North 00 degrees 35 minutes West, cross-country, a |
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distance of 16,454 feet to a point 500 feet at right angles and in a |
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southerly direction from the centerline of FM Highway 209; |
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Thence North 88 degrees 42 minutes East, parallel and 500 |
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feet in a southerly direction from said centerline of FM Highway 209 |
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a distance of 916 feet to a point; |
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Thence North 00 degrees 13 minutes West, perpendicular to |
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said centerline of FM Highway 209, at 500 feet pass said centerline, |
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continuing a total distance of 1,000 feet to a point 500 feet at |
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right angles and in a northerly direction from said centerline; |
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Thence South 89 degrees 35 minutes West, parallel and 500 |
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feet in a northerly direction from said centerline 3,470 feet to a |
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point; |
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Thence North, cross-country, a distance of 11,956 feet to the |
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centerline of U.S. Highway 183; |
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Thence North 60 degrees 36 minutes West, along said |
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centerline of U.S. Highway 183 a distance of 5,864 feet to the |
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intersection of said centerline with the centerline of County Road |
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334; |
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Thence North 00 degrees 11 minutes West along said centerline |
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of County Road 334 a distance of 6,722 feet to the beginning of a |
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curve to the right in said centerline; |
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Thence North 89 degrees 25 minutes East continuing along the |
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centerline of said County Road 334 a distance of 11,154 feet to the |
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intersection of said centerline with the centerline of FM Highway |
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1710; |
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Thence North 00 degrees 30 minutes West along said centerline |
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of FM Highway 1710, at approximately 6,300 feet pass a point being |
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the beginning of a curve to the right in said centerline, said point |
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further being the beginning of the centerline of County Road 324, at |
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approximately 11,200 feet pass a point where said centerline of |
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County Road 324 turns easterly, and continuing, cross country, a |
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total distance of 43,858 feet to the intersection of said |
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centerline with the centerline of U.S. Highway 380; |
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Thence along said centerline of U.S. Highway 380 the |
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following calls; |
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North 89 degrees 05 minutes West 4,062 feet; |
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South 77 degrees 54 minutes West 1,867 feet; |
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South 89 degrees 32 minutes West 6,804 feet; |
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North 75 degrees 17 minutes West 2,895 feet; |
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South 88 degrees 57 minutes West 7,936 feet to its |
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intersection with the centerline of County Road 306; |
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Thence South 00 degrees 23 minutes East along said centerline |
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of County Road 306 a distance of 6,413 feet to the intersection of |
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said centerline with the centerline of County Road 304; |
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Thence North 89 degrees 41 minutes West along said centerline |
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of County Road 304 a distance of 13,076 feet to the intersection of |
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said centerline with the centerline of U.S. Highway 183; |
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Thence South 31 degrees 42 minutes East, along said |
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centerline 2,752 feet to a point being the beginning of a curve to |
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the right; |
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THENCE along said curve to the right (said curve having a |
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radius of 1,322 feet, a delta angle of 67 degrees 43 minutes and a |
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long chord having a bearing of South 02 degrees 09 minutes West and |
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length of 1,473 feet) a distance of 1,563 feet to its point of |
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tangency; |
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Thence South 36 degrees 00 minutes West, along said |
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centerline 1,457 feet to a point; |
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Thence North 89 degrees 25 minutes West, cross-country, |
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12,592 feet to the centerline of County Road 212; |
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Thence North 00 degrees 45 minutes West, along said |
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centerline of said County Road 212, at approximately 4,225 feet |
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pass the termination of County Road 212 at a point on the centerline |
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of FM Highway 923, and continuing along said centerline of FM |
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Highway 923 a total distance of 9,190 feet to its intersection with |
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the centerline of U.S. Highway 380; |
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Thence along the centerline of said U.S. Highway 380 the |
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following calls: |
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South 89 degrees 41 minutes West 51,385 feet; |
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North 85 degrees 33 minutes West 11,181 feet; |
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South 89 degrees 38 minutes West 15,590 feet to the |
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common boundary line of Haskell and Throckmorton Counties; |
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Thence South 00 degrees 24 minutes East 82,400 feet along |
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said Haskell/ Throckmorton County line to the Southeast corner of |
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Haskell County, same being the Southwest corner of Throckmorton |
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County at a point on the North line of Shackelford County; |
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Thence North 89 degrees 39 minutes East 25,380 feet along |
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said Throckmorton/Shackelford County line to a point; |
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Thence South, cross-country, 128,518 feet to a point; |
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Thence South 34 degrees 23 minutes East, cross-country, at |
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28,145 feet pass County Road 191, continuing a total distance of |
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29,405 feet to the centerline of U.S. Highway 283; |
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Thence South 00 degrees 22 minutes East, cross-country, 7,662 |
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feet to the common boundary line of Callahan and Shackelford |
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Counties; |
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Thence North 89 degrees 38 minutes East, along said |
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Callahan/Shackelford County line 51,503 feet to the centerline of |
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County Road 192; |
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Thence North 00 degrees 39 minutes West, along said |
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centerline of County Road 192 a distance of 7,283 feet to a point; |
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Thence South 89 degrees 58 minutes East, cross-country, a |
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distance of 4,299 feet to the centerline of State Highway 6; |
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Thence South 27 degrees 09 minutes East, along said State |
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Highway 6 a distance of 8,125 feet to the common boundary line of |
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Shackelford and Callahan Counties; |
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Thence North 89 degrees 32 minutes East, along said |
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Shackelford/Callahan County line a distance of 33,782 feet to a |
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point; |
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Thence North 00 degrees 59 minutes West, cross-county, 48,780 |
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to a point in the centerline of FM Highway 576; |
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Thence along said centerline of FM Highway 576 the following |
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calls: |
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South 89 degrees 25 minutes West 10,714 feet; |
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South 57 degrees 34 minutes West 1,302 feet; |
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South 89 degrees 18 minutes West 13,752 feet to a point |
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being the intersection of said centerline with the centerline of FM |
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Road 601; |
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Thence North 00 degrees 52 minutes West, along said |
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centerline of FM Highway 601, at 12,500 feet pass a point for the |
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centerline of County Road 103; continuing along said centerline of |
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County Road 103 a total distance 18,909 feet to a point; |
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Thence North 55 degrees 13 minutes East, along said |
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centerline of County Road No. 103 a distance of 5,285 feet to a |
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point; |
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Thence North 89 degrees 12 minutes East, continuing along |
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said centerline, a distance of 2,752 feet to its intersection with |
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said Stephens/Shackelford County line; |
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Thence North 00 degrees 26 minutes West, along said |
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Stephens/Shackelford County line 300 feet to a point; |
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Thence parallel and 300 feet in a northerly direction from |
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the centerline of said County Road 290 the following calls: |
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North 89 degrees 21 minutes East 15,589 feet; |
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North 65 degrees 32 minutes East 6,569 feet to a point; |
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Thence North 10 degrees 07 minutes East 7,500 feet |
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cross-country to a point on the normal pool elevation contour line |
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of 1,183.0 feet of Hubbard Creek Reservoir; |
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Thence in a westerly direction, following said normal pool |
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elevation contour line of Hubbard Creek Reservoir the following |
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calls: |
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North 14 degrees 42 minutes West 798 feet, |
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North 56 degrees 41 minutes West 341 feet, |
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South 78 degrees 23 minutes West 1,080 feet, |
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South 40 degrees 02 minutes West 548 feet, |
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South 01 degrees 49 minutes West 356 feet, |
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North 45 degrees 39 minutes West 488 feet, |
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South 78 degrees 34 minutes West 681 feet, |
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South 49 degrees 07 minutes West 818 feet, |
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North 24 degrees 51 minutes East 765 feet, |
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North 49 degrees 12 minutes East 994 feet, |
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North 44 degrees 31 minutes West 1,128 feet, |
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South 65 degrees 08 minutes East 1,441 feet, |
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North 51 degrees 45 minutes East 756 feet, |
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North 20 degrees 46 minutes West 259 feet, |
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North 85 degrees 17 minutes East 1,469 feet, |
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North 05 degrees 50 minutes East 1,678 feet, |
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South 78 degrees 09 minutes West 1,089 feet, |
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North 12 degrees 03 minutes West 1,011 feet, |
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South 48 degrees 45 minutes East 772 feet, |
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North 61 degrees 43 minutes East 883 feet, |
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South 71 degrees 21 minutes East 936 feet, |
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North 08 degrees 26 minutes West 902 feet, |
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South 76 degrees 11 minutes West 638 feet, |
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North 22 degrees 04 minutes East 1,302 feet, |
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North 62 degrees 46 minutes West 1,505 feet, |
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North 85 degrees 17 minutes East 2,391 feet, |
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North 11 degrees 30 minutes East 843 feet, |
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North 47 degrees 29 minutes West 949 feet, |
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North 00 degrees 59 minutes East 904 feet, |
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North 65 degrees 41 minutes West 2,405 feet, |
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South 85 degrees 31 minutes East 2,093 feet, |
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North 41 degrees 29 minutes East 1,802 feet, |
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North 10 degrees 38 minutes East 2,348 feet, |
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North 32 degrees 30 minutes West 1,822 feet, |
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North 58 degrees 19 minutes East 1,293 feet, |
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South 71 degrees 24 minutes East 2,456 feet, |
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North 17 degrees 07 minutes West 2,413 feet, |
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South 66 degrees 37 minutes West 1,790 feet, |
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South 15 degrees 38 minutes West 580 feet, |
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South 57 degrees 54 minutes West 1,376 feet, |
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North 31 degrees 12 minutes West 1,354 feet, |
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North 55 degrees 19 minutes East 1,038 feet, |
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North 55 degrees 51 minutes West 1,083 feet, |
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North 16 degrees 24 minutes East 2,303 feet, |
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North 76 degrees 32 minutes East 1,995 feet, |
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North 04 degrees 06 minutes West 841 feet, |
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North 39 degrees 22 minutes West 1,360 feet, |
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North 80 degrees 09 minutes West 987 feet, |
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South 60 degrees 46 minutes West 1,275 feet, |
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North 42 degrees 32 minutes West 1,347 feet, |
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North 65 degrees 32 minutes West 1,348 feet, |
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South 82 degrees 51 minutes West 2,614 feet, |
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South 33 degrees 44 minutes West 1,103 feet, |
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South 83 degrees 49 minutes East 2,399 feet, |
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South 35 degrees 51 minutes East 1,001 feet, |
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South 55 degrees 19 minutes West 2,608 feet, |
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South 55 degrees 51 minutes East 903 feet, |
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South 61 degrees 05 minutes West 990 feet, |
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South 16 degrees 47 minutes East 1,321 feet, |
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North 51 degrees 40 minutes West 2,153 feet, |
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South 76 degrees 54 minutes West 805 feet, |
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South 05 degrees 19 minutes West 878 feet, |
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South 59 degrees 52 minutes West 914 feet, |
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South 01 degrees 04 minutes West 1,839 feet, |
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North 33 degrees 07 minutes West 1,741 feet, |
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South 78 degrees 25 minutes West 2,466 feet, |
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South 04 degrees 51 minutes East 3,943 feet, |
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South 69 degrees 49 minutes West 1,608 feet, |
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South 19 degrees 57 minutes West 1,582 feet, |
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South 75 degrees 11 minutes West 1,824 feet, |
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North 49 degrees 11 minutes West 3,135 feet, |
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South 42 degrees 33 minutes West 1,928 feet, |
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North 23 degrees 21 minutes East 1,751 feet, |
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North 34 degrees 28 minutes West 605 feet, |
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South 56 degrees 49 minutes West 1,215 feet, |
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North 53 degrees 37 minutes West 632 feet, |
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South 02 degrees 53 minutes West 2,606 feet, |
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South 24 degrees 24 minutes West 1,692 feet, |
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North 20 degrees 18 minutes West 1,789 feet, |
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South 80 degrees 27 minutes West 1,621 feet, |
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South 74 degrees 51 minutes West 1,258 feet, to said |
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Stephens/Shackelford County line; |
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Thence North 00 degrees 26 minutes West, along said |
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Stephens/Shackelford County line, a distance of 70,649 feet to the |
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POINT OF BEGINNING; |
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SAVE AND EXCEPT the following tract of land that includes the |
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City of Albany: |
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BEGINNING at a point on the centerline of U.S. Highway 283 a |
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distance of 3,040 feet North of the intersection of U.S. Highway 283 |
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and County Road 147; |
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Thence South 81 degrees 20 minutes East 6,252 feet to a |
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beginning of a curve to the left; |
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Thence along said curve having a radius of 2,000 feet, at |
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approximately 1,730 feet pass State Highway 6, continuing a total |
|
|
distance of 2,265 feet to the point of tangency, said curve having a |
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long chord with a bearing of North 66 degrees 13 minutes East and a |
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length of 2,146 feet; |
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Thence North 33 degrees 46 minutes East at approximately |
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2,820 feet pass FM Highway 601, continuing a total distance of 6,692 |
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feet to the beginning of curve to the left; |
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Thence along said curve having a radius of 2,000 feet, a total |
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distance 3,790 feet to the point of tangency, said curve having a |
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long chord with a bearing of North 20 degrees 30 minutes West and a |
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length of 3,247 feet; |
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Thence North 74 degrees 47 minutes West 2,226 feet to the |
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beginning of a curve to the right; |
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Thence along said curve having a radius of 2,000 feet, a |
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distance of 1,885 feet to the point of tangency, said curve having a |
|
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long chord which bears North 47 degrees 46 minutes West and a length |
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of approximately 1,817 feet; |
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Thence North 20 degrees 44 minutes West 3,045 feet to the |
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beginning of curve to the left; |
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Thence along said curve having a radius of 2,000 feet, a |
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distance of approximately 3,140 feet to the point of tangency, said |
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curve having a long chord which bears North 65 degrees 41 degrees |
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West 2,826 feet; |
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Thence South 69 degrees 22 minutes West 1,026 feet to the |
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beginning of curve to the right; |
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Thence along said curve having a radius of 2,000 feet, a |
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distance of approximately 476 feet to the point of tangency, said |
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curve having a long chord which bears South 76 degrees 11 minutes |
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West 475 feet; |
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Thence South 83 degrees 00 minutes West 10,307 feet to the |
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beginning of a curve to the left; |
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Thence along said curve having a radius of 2,000 feet, a |
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distance of approximately 2,930 feet to the point of tangency, same |
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being a point in the centerline of a county road, said curve having |
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a long chord with a bearing of South 41 degrees 02 minutes West and a |
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length of 2,675 feet; |
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Thence South 00 degrees 56 minutes East 7,434 feet to the |
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beginning of curve to the left; |
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Thence along said curve having a radius of 2,000 feet, 2,805 |
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feet to the point of tangency, said curve having a long chord which |
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bears South 41 degrees 08 minutes East and a length of approximately |
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2,582 feet; |
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Thence South 81 degrees 20 minutes East 3,088 feet to a point; |
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Thence South 10,168 feet to a point; |
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Thence East 4,957 feet to a point; |
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Thence North 9,413 feet to the POINT OF BEGINNING. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor has submitted the notice and Act to the |
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Texas Commission on Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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|
its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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|
within the required time. |
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(d) The general law relating to consent by political |
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subdivisions to the creation of a conservation and reclamation |
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|
district and the inclusion of land in the district has been complied |
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|
with. All requirements of the constitution and laws of this state |
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and the rules and procedures of the legislature with respect to the |
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|
notice, introduction, and passage of this Act are fulfilled and |
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accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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|
Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1573 was passed by the House on May 8, |
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2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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| |
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I certify that H.B. No. 1573 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |