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AN ACT
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relating to the creation of the Denton County Municipal Utility |
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District No. 7; providing authority to impose a tax and issue bonds; |
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granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8190 to read as follows: |
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CHAPTER 8190. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 7 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8190.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Denton County Municipal |
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Utility District No. 7. |
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Sec. 8190.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Denton County created under and |
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essential to accomplish the purposes of Section 52, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 8190.003. FINDING OF PUBLIC USE AND BENEFIT. The |
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district is created to serve a public use and benefit. |
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Sec. 8190.004. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8190.023 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Denton County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 8190.005. 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 impose taxes; or |
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(3) the legality or operation of the board. |
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[Sections 8190.006-8190.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8190.021. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2007, a person who owns land in the district may submit |
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a petition to the Texas Commission on Environmental Quality to |
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appoint as temporary directors the five persons named in the |
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petition. |
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(b) The commission shall appoint as temporary directors the |
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five persons named in the first petition received by the commission |
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under Subsection (a). |
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(c) If a temporary director fails to qualify for office or |
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if a vacancy occurs in the office of temporary director, the vacancy |
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shall be filled as provided by Section 49.105, Water Code. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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8190.023; or |
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(2) the date this chapter expires under Section |
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8190.004. |
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Sec. 8190.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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temporary directors shall convene the organizational meeting of the |
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district at a location in the district agreeable to a majority of |
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the directors. If a location cannot be agreed upon, the |
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organizational meeting shall be at the Denton County Courthouse. |
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Sec. 8190.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five directors as |
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provided by Section 49.102, Water Code. |
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Sec. 8190.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8190.023 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 8190.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8190.026-8190.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8190.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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[Sections 8190.052-8190.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8190.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8190.102. ROAD PROJECTS. (a) The district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads, or improvements in aid of those roads. |
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(b) A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulations of |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located. If the district is not |
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located in the corporate limits or extraterritorial jurisdiction of |
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a municipality, a road project must meet all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulations of each county in which the district is located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by resolution. If |
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the district is not located in the corporate limits or |
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extraterritorial jurisdiction of a municipality, the district may |
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not undertake a road project unless each county in which the |
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district is located consents by resolution. |
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Sec. 8190.103. ROAD CONTRACTS. The district may contract |
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for a road project in the manner provided by Subchapter I, Chapter |
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49, Water Code. |
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[Sections 8190.104-8190.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8190.151. OPERATION AND MAINTENANCE TAX. The district |
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may impose a tax for any district operation and maintenance purpose |
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in the manner provided by Section 49.107, Water Code. |
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Sec. 8190.152. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of and interest on bonds issued under |
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Section 8190.201. |
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Sec. 8190.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; |
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(4) a cable operator as defined by 47 U.S.C. Section |
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522; or |
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(5) a person who provides to the public advanced |
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telecommunications services. |
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[Sections 8190.154-8190.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8190.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49 and 54, Water Code, and to finance the |
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construction, maintenance, or operation of projects under Section |
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8190.102. |
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(b) The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, grants, or other district money. |
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(c) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxation to finance projects |
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authorized by Section 8190.102 unless the issuance is approved by a |
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vote of a two-thirds majority of district voters voting at an |
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election called for that purpose. |
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(d) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8190.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Denton County Municipal Utility District No. |
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7 initially includes all the territory contained in the following |
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described area: |
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SITUATED in Denton County, Texas, in the J. Melroy Survey, |
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Abstract No. 895, the MEP &P Railroad Survey, Abstract No. 926, the |
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L. Robinson Survey, Abstract No. 1488, the McPherson Survey, |
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Abstract No. 1481, the Cowan Survey, Abstract No. 211, the T & P |
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Railroad Survey, Abstract No. 1299 and the Norwood Survey, Abstract |
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No. 969, being a resurvey of the 693.6925 acres of land described in |
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a deed from Winst, Inc. to Shiney Hiney Partners I dated Dec. 31, |
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1992, Recorded in Volume 3435, Page 478 and the 333.47 acres of land |
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described in a deed from Winst, Inc. to Shiney Hiney Partners II |
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dated Dec. 31, 1992, recorded in Volume 3435, Page 483, both deeds |
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of the Denton County Deed Records, being described by metes and |
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bounds as follows: |
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BEGINNING at an iron pin found at the northwest corner of said |
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693.6925 acre tract, in the east R.O.W. line of Farm Road No. 1385 |
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and at the southwest corner of the TIGE INVESTMENTS LTD 77.880 |
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acres, Ref. Doc. No. 05-45758; |
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Thence easterly with the north line of said 693.6925 acre |
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tract, with the south line of said 77.880 acre tract, with the south |
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line of the TIGE INVESTMENTS LTD 130.805 acres, Ref. Doc. No. |
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05-45758 and with an old fence as follows: |
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South 89° 04'12" East, 637.91 feet; South 89° 17'14" East, |
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426.71 feet; |
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South 89° 37'34" East, 154.91 feet; South 89° 42'47" East, |
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472.76 feet; |
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North 89° 56'39" East, 339.52 feet; South 89° 26'34" East, |
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188.6 feet; |
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South 88° 50'23" East, passing an iron pin found beside an |
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old, old post at 236.3 feet and continuing in all 254.28 feet to an |
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iron pipe set at the east, northwest corner of said 693.6925 acre |
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tract and at the south, northwest corner said 333.47 acre tract, in |
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the center of the old bed of Little Elm Creek; |
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Thence generally in a northeasterly direction with the |
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northwest line said 333.47 acre tract, with the southeast line of |
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the TIGE INVESTMENTS LTD 7.195 acres, Ref. Doc. No. 05-45758 and up |
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the center of the old bed of Little Elm Creek as follows: |
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South 68°24'25" East, 119.81 feet; South 45°06' East, 161.3 |
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feet; |
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South 25°50' East, 129.17 feet; South 76°01' East, 90.54 feet; |
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North 63°34' East, 121.24 feet; North 77°53' East, 61.98 feet; |
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North 59°26' East, 101.2 feet; North 51°05' East, 125.5 feet; |
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North 89°37' East, 182.51 feet; North 50°35' East, 76.66 feet; |
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North 36°17' East, 141.61 feet; North 18°45' East, 115.12 |
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feet, an iron pipe set; |
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North 16°04' West, 35.56 feet; North 60°39' West, 93.52 feet; |
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South 74°35' West, 110.19 feet; North 59°58' West, 50.23 feet; |
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North 24°08' West, 48.85 feet; North 14°34' East, 147.11 feet; |
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North 60°10' West, 57.76 feet; North 1°29' West, 55.34 feet; |
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North 22°12' East, 47.74 feet; North 63°23' East, 112.42 feet, |
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an iron pipe set; |
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South 55°13' East, 281.18 feet; South 22°14' East, 135.0 feet; |
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South 67°05' East, 56.0 feet; North 73°54' East, 40.2 feet; |
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North 35°49' East, 35.0 feet; North 12°01' East, 72.3 feet; |
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North 11°09' West, 67.0 feet; North 20°37' West, 182.3 feet, an |
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iron pipe set; |
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North 2°23' West, 49.64 feet; North 22°37' East, 120.0 feet; |
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North 13°35' East, 113.3 feet; North 38°39' East, 61.2 feet; |
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North 60°37' East, 63.0 feet; South 85°01' East, 122.2 feet; |
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North 78°01' East, 115.0 feet; North 34°40' East, 60.0 feet; |
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North 10°53' East, 109.67 feet, an iron pipe set; North 36°21' |
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East, 70.5 feet; |
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North 78°45' East, 70.0 feet; South 86°25' East, 134.8 feet; |
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North 74°24' East, 195.09 feet, an iron pipe set; South 74°44' |
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East, 96.08 feet; |
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South 88°55' East, 107.86 feet; South 78°57' East, 134.98 |
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feet; |
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North 77°07' East, 46.45 feet; South 80°46' East, 50.53 feet; |
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South 53°33' East, 111.6 feet; South 80°09' East, 54.06 feet; |
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North 48°08' East, 66.4 feet; South 56°57' East, 73.7 feet; |
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North 68°01 East, 90.24 feet; North 42°56' East, 55.92 feet; |
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North 10°29' East, 112.91 feet, an iron pipe set; North 22°56' |
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West, 138.5 feet; |
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North 66°27' West, 142.4 feet; North 34°34' West, 117.0 feet; |
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North 81°20' West, 76.2 feet; South 81°46' West, 58.5 feet; |
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North 53°49' West, 140.0 feet; North 60°03 West, 31.7 feet; |
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North 89°40'58" West, 28.54 feet; North 61°10' West, 59.03 |
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feet; |
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North 48°13' West, 50.2 feet to a point in said Creek from |
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which a 1/2 inch iron pin set lies North 27°34' east, 61.0 feet; |
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North 7°40' East, 89.2 feet; |
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North 25°05' East, 62.0 feet; North 53°10' East, 78.33 feet to |
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a point in said Creek from which a 1/2 inch iron pin set lies North |
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79°09'east, 59.0 feet; |
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North 65°14' East, 102.08 feet; South 79°09' East, 91.04 feet; |
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South 68°14' East, 49.56 feet; South 79°13' East, 80.58 feet to |
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a point in said Creek from which a 1/2 inch iron pin set lies South |
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64°02'east, 21.0 feet; |
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North 67°14' East, 140.87 feet; South 70°46' East, 55.18 feet; |
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North 77°32' East, 61.82 feet to a point in said Creek from |
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which a 1/2 inch iron pin set lies South 26°06'east, 27.0 feet; North |
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51°37' 43"East, 88.62 feet; |
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North 7°03' East, 37.0 feet; North 25°07' West, 43.0 feet; |
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North 48°56' West, 38.0 feet; North 73°10' West, 41.0 feet; |
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North 4°39' West, 32.0 feet; North 28°33' East, 47.4 feet; |
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North 37°15' East, 52.5 feet; North 51°21' East, 71.8 feet; |
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South 88°50' East, 48.7 feet; North 63°40' East, 71.6 feet; |
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North 77°02' East, 65.0 feet; South 71°12' East, 48.0 feet, an |
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iron pin set; |
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South 20°46' East, 130.0 feet to a point in said Creek where |
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the man-made channel of said Creek takes the waters of Little Elm |
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Creek to the south and at the southeast corner of the Talley Ranch |
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Management 113.75 acres, Ref. Doc. No. 96-0089522; |
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Thence continuing up the center of Little Elm Creek and with |
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the northwest line said 333.47 acre tract and with the southeast |
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line of said 113.75 acre tract as follows: |
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South 89°00' East, 64.5 feet; |
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South 60°27' East, 56.2 feet; South 73°16' East, 53.0 feet; |
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North 84°45' East, 47.0 feet; North 78°45' East, 69.0 feet; |
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North 1°44' East, 225.0 feet; North 45°00' East, 98.0 feet; |
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North 63°50' East, 139.3 feet; North 74°27' East, 44.5 feet; |
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North 59°00' East, 80.5 feet; South 82°10' East, 57.2 feet; |
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North 69°32' East, 112.4 feet; North 80°09' East, 96.0 feet; |
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South 71°12'45"East, 83.84 feet to a point in said Creek from |
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which a 1/2 inch iron pin set lies South 58°18'east, 64.78 feet; |
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South 81°12' East, 82.0 feet; |
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North 64°54' East, 111.5 feet; North 73°58' East, 92.0 feet; |
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South 89°09'35"East, 111.88 feet to a point in said Creek from |
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which a 1/2 inch iron pin set lies South 57°30'east, 33.65 feet; |
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North 56°15' East, 41.5 feet; |
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North 39°34' East, 53.0 feet; North 23°29' East, 69.4 feet; |
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North 19°37' West, 49.0 feet; North 42°02' East, 35.0 feet; |
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North 15°56' East, 65.5 feet; North 18°18' West, 46.6 feet; |
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North 58°17' West, 64.7 feet; South 88°12' West, 183.5 feet; |
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North 60°20' West, 50.3 feet; North 87°25' West, 63.7 feet; |
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North 78°27' West, 123.0 feet; North 75°31' West, 119.5 feet; |
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North 13°48' West, 199.0 feet; North 24°51' East, 76.3 feet; |
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North 45°38' East, 155.0 feet; North 56°41'14"East, 78.49 feet |
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to a point in said Creek at the northwest corner said 333.47 acre |
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tract, the southwest corner of the Samuel A. Piga 127.2128 acres, |
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Ref. V. 3369, P. 700 and in the east line of said 113.75 acre tract; |
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Thence south 33°34'02"east, 62.52 feet with the north line |
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said 333.47 acre tract and with the south line of said 127.2128 acre |
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tract to an iron pin found; |
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Thence south 66°32'27"east, 1572.33 feet with the north line |
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said 333.47 acre tract, with the south line of said 127.2128 acre |
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tract and with a fence to an iron pin found beside a steel pipe |
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corner post at the northeast corner said 333.47 acre tract and at an |
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ell corner of said 127.2128 acre tract; |
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Thence south 0°21'55"west, with the east line said 333.47 acre |
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tract, the east line of said 693.6925 acre tract, with the west line |
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of the Donnie J. Tamplen 61.016 acres, Ref. Doc. No. 96-0067653, the |
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west line of the Sangani Properties Ltd 19.3670 acres, Ref. Doc. No. |
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04-1110047 and with the west line of the MBJ #2 LLC UNITED STATES |
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POST OFFICE LOT 1, Ref. Doc. No. 04-85524, passing a 1/2 inch iron |
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pin set at 300.0 feet and continuing with the center of Smiley Road, |
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in all 3703.1 feet to an iron pin found in said east line and Road |
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for an angle point; |
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Thence south 0°02'08"east, 1826.54 feet with the east line of |
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said 693.6925 acre tract, with the west line of said Lot 1 and with |
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the center of Smiley Road to an iron pin found at the southeast |
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corner of said 693.6925 acre tract, the southwest corner of said Lot |
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1 and in the north R.O.W. line of Farm Road No. 428; |
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Thence southwesterly with the south line of said 693.6925 |
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acre tract and with the north R.O.W. line of Farm Road No. 428 as |
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follows: |
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South 37°48'16"West, 159.72 feet to the beginning of a curve |
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to the left; |
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with said curve to the left an arc of 117.26 feet on a radius |
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of 1196.28 feet, around a central angle of 5°36'58" with a chord of |
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117.21 feet which bears South 68°46'west; |
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South 60°42'46" West, 104.26 feet to the beginning of a curve |
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to the left; |
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with said curve to the left an arc of 258.7 feet around a |
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central angle of 12°26'32" on a radius of 1191.28 feet with a chord |
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of 258.19 feet which bears South 54°44' west to the end of said |
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curve; |
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South 48°31'west, 760.55 feet to a wood R.O.W. Mon.; |
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South 69°26'30"West, 186.8 feet to a 1/2 inch iron pin set; |
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South 20°33'24"East, 71.44 feet to a wood R.O.W. Mon.; |
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South 48°31'west, 88.7 feet; South 54°14'west, 100.5 feet; |
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South 48°31'west, 300.0 feet; South 45°39' west, 100.1 feet; |
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South 48°31'west, 1100.0 feet; South 45°39' west, 100.1 feet; |
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South 48°31'west, 1298.93 feet; South 51°23' west, 100.1 feet; |
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South 48°31'west, 169.23 feet to an iron pin found at the south |
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corner of said 693.6925 acre tract and at the southeast corner of |
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the Bilal K. Nabahani 73.861 acres, Ref. V. 2414, P. 583; |
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Thence north 1°08'42"east, 1802.89 feet with a west line of |
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said 693.6925 acre tract, with the east line of said 73.861 acre |
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tract and on a line near a fence to an iron pin found at an ell |
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corner of said 693.6925 acre tract and at the northeast corner of |
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said 73.861 acre tract; |
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Thence north 89°26'26"west, 4747.32 feet with a south line of |
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said 693.6925 acre tract, with the north line of said 73.861 acre |
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tract, the north line of the Bilal K. Nabahani 107.10 acres and |
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22.265 acres, Ref. V. 2414, P. 583 and with the center of the |
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apparently abandoned Tom Cole Road to an iron pin found at the west, |
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southwest corner of said 693.6925 acre tract, the northwest corner |
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of said 22.265 acre tract and in the east R.O.W. line of Farm Road |
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No. 1385; |
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Thence north 2°40'26"east, 3167.33 feet with the west line of |
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said 693.6925 acre tract and with said east R.O.W. line to a R.O.W. |
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Mon. for an angle point; |
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Thence north 2°49'23"east, 886.52 feet with said west line and |
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said east R.O.W. line to the PLACE OF BEGINNING and containing |
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1027.0755 acres of land. |
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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, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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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, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and 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. 4061 was passed by the House on May 9, |
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2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House adopted H.C.R. 272 authorizing certain |
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corrections in H.B. 4061 on May 25, 2007, by a non-record vote. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4061 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0; and that the |
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Senate adopt H.C.R. 272 authorizing certain corrections in H.B. |
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4061 on May 26, 2007, by viva-voce vote. |
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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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Governor |