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AN ACT
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relating to the creation of the Gastonia-Scurry Special Utility |
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District; providing authority to impose taxes 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 C, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7213 to read as follows: |
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CHAPTER 7213. GASTONIA-SCURRY SPECIAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7213.001. DEFINITION. In this chapter, "district" |
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means the Gastonia-Scurry Special Utility District. |
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Sec. 7213.002. NATURE OF DISTRICT. The district is a |
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special utility district in Kaufman County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. The district is created to serve a public use |
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and benefit. |
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Sec. 7213.003. 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 the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Kaufman County any assets of the |
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district that 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, 2012. |
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Sec. 7213.004. 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. 7213.005. 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 7213.006-7213.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 7213.021. TEMPORARY DIRECTORS. (a) The temporary |
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board of directors of the district is composed of: |
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(1) Frank Skube; |
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(2) Thomas Kintz; |
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(3) Rhonda Davenport; |
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(4) Carole Giddings; |
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(5) Angel McKinnon; |
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(6) Roger Brock; and |
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(7) Michael Reese. |
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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 7213.022. |
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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 convene the organizational meeting of the district |
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and elect officers from among the temporary directors. |
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Sec. 7213.022. 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. 7213.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If |
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the district's creation is confirmed under Section 7213.022, the |
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Gastonia-Scurry Water Supply Corporation shall transfer the |
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assets, debts, and contractual rights and obligations of the |
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corporation to 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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Gastonia-Scurry Water Supply Corporation shall commence |
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dissolution proceedings of the corporation. |
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(c) On dissolution of the Gastonia-Scurry Water Supply |
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Corporation, Certificate of Convenience and Necessity No. 10837 is |
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considered to be held by the district. |
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(d) The board of directors of the Gastonia-Scurry Water |
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Supply Corporation shall notify the Texas Commission on |
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Environmental Quality of the dissolution of the corporation and of |
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the transfer of Certificate of Convenience and Necessity No. 10837 |
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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. 10837 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 request an administrative review |
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of the transfer prescribed by this section. |
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Sec. 7213.024. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2012. |
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[Sections 7213.025-7213.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7213.051. DIRECTORS. The district is governed by a |
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board of not fewer than 5 and not more than 11 directors. |
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[Sections 7213.052-7213.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7213.101. GENERAL POWERS. Except as otherwise |
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provided by this chapter, 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. 7213.102. WATER SERVICE IMPACT FEE. (a) The district |
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may charge a water service impact fee that is not greater than the |
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equity buy-in fee charged by the Gastonia-Scurry Water Supply |
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Corporation on 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 Gastonia-Scurry 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 Kaufman County, Texas, which has a boundary |
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more particularly described as follows: |
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Being a boundary comprised of three tracts, located in Kaufman |
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County, Texas, set forth in and described as follows: |
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Tract 1 |
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BEGINNING at the southernmost point of the Gastonia Scurry Water |
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Supply Corporation CCN No. 10837 boundary, being S 26° 22' 32" E |
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16,233.35 feet from the intersection of County Road 2451 and |
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Highway 34; |
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Thence N 82° 42' 40" W 12101.18 ft. for a point for corner; |
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Thence generally S 62° 32' 13" W 734.23 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 79° 37' 45" W 1880.96 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 57° 47' 01" W 7084.43 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 30° 28' 40" W 4110.34 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 36° 52' 59" E 911.81 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 10° 40' 29" W 1828.90 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 81° 52' 26" W 737.07 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally S 59° 02' 54" W 607.73 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 73° 49' 37" W 3328.45 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 47° 32' 50" E 2083.82 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 17° 02' 44" W 1689.12 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 22° 58' 25" E 1669.17 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 38° 03' 38" W 760.87 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 70° 41' 08" W 2126.27 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 26° 16' 39" W 2236.77 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 11° 18' 55" E 531.27 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 36° 52' 59" W 1693.35 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 81° 01' 54" W 501.26 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 32° 09' 53" W 1076.93 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 51° 02' 48" E 2278.70 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 82° 52' 42" E 840.39 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 4° 54' 05" W 914.99 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 84° 17' 32" W 1309.48 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 42° 48' 15" W 843.67 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 08° 45' 01" W 685.20 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 34° 55' 57" E 1683.88 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 70° 01' 33" E 305.00 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally S 05° 21' 30" E 837.16 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally S 55° 08' 16" E 1048.07 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 33° 42' 10" E 751.42 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 03° 05' 44" W 965.15 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally S 74° 03' 43" E 1138.26 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 78° 12' 44" E 4845.04 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 28° 15' 41" E 1981.33 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 05° 06' 17" W 1464.44 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 38° 52' 53" W 2241.84 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 02° 29' 27" E 2998.24 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 30° 01' 12" E 6523.79 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 04° 34' 34" E 4572.81 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 19° 59' 31" W 2134.23 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 19° 50' 27" E 1689.14 ft. meandering up Trinity |
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River for a point for corner; |
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Thence generally N 21° 43' 38" W 3308.61 ft. meandering up Trinity |
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River for a point for corner; |
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Thence N 46° 13' 58" E 1732.13 ft. for a point for corner; |
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Thence N 44° 16' 11" W 2837.29 f ft. or a point for corner; |
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Thence N 15° 27' 05" W 1074.13 ft. for a point for corner; |
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Thence N 45° 31' 24" E 14499.15 ft. for a point for corner; |
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Thence S 70° 21' 18" E 774.77 ft. for a point for corner; |
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Thence N 45° 00' 50" E 884.28 ft. for a point for corner; |
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Thence S 46° 24' 20" E 2835.40 ft. for a point for corner; |
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Thence N 43° 13' 55" E 4147.01 ft. for a point for corner; |
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Thence S 44° 06' 42" E 4679.86 ft. for a point for corner; |
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Thence N 44° 47' 00" E 5442.90 ft. for a point for corner; |
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Thence N 87° 57' 20" E 730.13 ft. for a point for corner; |
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Thence N 45° 00' 50" E 3389.74 ft. for a point for corner; |
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Thence N 00° 00' 00" E 4896.85 ft. for a point for corner; |
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Thence N 88° 14' 51" W 2555.04 ft. for a point for corner; |
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Thence N 58° 00' 25" W 245.81 ft. for a point for corner; |
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Thence N 43° 36' 32" W 3476.83 ft. for a point for corner; |
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Thence N 46° 59' 20" E 534.58 ft. for a point for corner; |
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Thence N 47° 08' 06" W 1991.03 ft. for a point for corner; |
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Thence N 45° 00' 50" E 2579.15 ft. for a point for corner; |
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Thence N 44° 31' 42" W 4347.85 ft. for a point for corner; |
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Thence N 47° 16' 52" E 3724.33 ft. for a point for corner; |
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Thence S 47° 18' 16" E 1382.82 ft. for a point for corner; |
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Thence N 43° 24' 28" E 1971.96 ft. for a point for corner (being |
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defined as Point No. 68); |
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Thence generally S 45° 07' 06" E 10113.98 ft. meandering up Big |
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Brushy for a point for corner; |
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Thence generally S 12° 12' 22" W 986.03 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 15° 57' 10" E 568.90 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 45° 00' 50" E 700.06 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 12° 29' 06" E 3254.71 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S27° 05' 00" W 1316.48 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 10° 24' 45" E 1297.68 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 19° 24' 23" E 1960.74 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 23° 47' 16" E 3181.26 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 01° 07' 26" E 1328.66 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 29° 12' 33" E 1014.62 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 08° 32' 05" W 526.78 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 62° 06' 51" W 501.21 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 17° 45' 10" E 1367.47 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 34° 29' 32" E 2623.02 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence generally S 42° 53' 34" E 497.74 ft. meandering up Big Brushy |
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for a point for corner; |
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Thence S 83° 27' 25" E 1600.06 ft. for a point for corner; |
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Thence N 18° 18' 50" E 3649.09 ft. for a point for corner; |
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Thence N 34° 13' 43" W 1575.17 ft. for a point for corner; |
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Thence S 75° 12' 36" W 1428.49 ft. for a point for corner; |
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Thence N 14° 02' 34" W 536.99 ft. for a point for corner; |
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Thence N 75° 58' 13" E 2578.65 ft. for a point for corner; |
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Thence N 43° 53' 26" E 1879.44 ft. for a point for corner; |
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Thence S 29° 29' 16" E 688.24 ft. for a point for corner; |
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Thence S 17° 35' 16" W 2759.76 ft. for a point for corner; |
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Thence S 31° 26' 31" E 549.54 ft. for a point for corner; |
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Thence S 43° 09' 58" E 1714.16 ft. for a point for corner; |
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Thence S 46° 33' 43" E 681.89 ft. for a point for corner; |
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Thence S 48° 22' 49" W 627.47 ft. for a point for corner; |
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Thence S 37° 14' 53" E 818.04 ft. for a point for corner; |
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Thence N 46° 20' 46" E 792.39 ft. for a point for corner; |
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Thence S 47° 44' 24" E 387.32 ft. for a point for corner; |
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Thence S 45° 55' 24" W 1160.77 ft. for a point for corner; |
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Thence N 46° 48' 13" W 1179.63 ft. for a point for corner; |
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Thence S 45° 00' 50" W 1031.66 ft. for a point for corner; |
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Thence N 86° 25' 31" W 417.77 ft. for a point for corner; |
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Thence N 20° 33' 55" W 445.12 ft. for a point for corner; |
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Thence S 15° 46' 10" W 3356.15 ft. for a point for corner; |
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Thence S 80° 10' 16" E 3967.18 ft. for a point for corner; |
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Thence S 06° 10' 23" W 969.36 ft. for a point for corner; |
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Thence S 88° 48' 25" W 1251.13 ft. for a point for corner; |
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Thence N 78° 07' 01" W 4047.81 ft. for a point for corner; |
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Thence S 45° 50' 25" W 9670.86 ft. for a point for corner; |
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Thence S 11° 56' 22" E 12363.66 ft. for a point for corner; |
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Thence S 53° 32' 53" E 16243.50 ft. for a point for corner; |
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Thence S 28° 06' 19" E 8297.65 ft. for a point for corner; |
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Thence S 01° 19' 29" W 7837.10 ft. for a point for corner; |
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Thence S 39° 17' 25" W 8312.75 ft. for a point for corner; |
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Thence N 85° 36' 31" W 5553.17 ft. for a point for corner; |
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Thence S 55° 43' 52" W 22389.01 ft. to PLACE OF BEGINNING. |
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Also including; |
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Tract Two |
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BEGINNING at the west corner of this tract N 45° 52' 54" E 3325.19 |
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feet from the previously defined Point No. 68; |
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Thence N 45° 52' 54" E 3325.19 ft. for a point for corner; |
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Thence S 46° 52' 51" E 5823.43 ft. for a point for corner; |
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Thence N 45° 00' 50" E 901.59 ft. for a point for corner; |
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Thence N 14° 56' 18" W 1060.17 ft. for a point for corner (being |
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defined as Point No. 122); |
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Thence N 45° 12' 11" W 4878.30 ft. for a point for corner; |
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Thence S 45° 52' 54" W 1606.72 ft. for a point being the PLACE OF |
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BEGINNING. |
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Also including; |
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Tract Three |
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Beginning at the south corner of this tract N 53° 08' 36 W 2390.87 |
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feet from the previously defined Point No. 122 |
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Thence N 53° 08' 36" W 2390.87 ft. for a point for corner; |
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Thence N 39° 49' 09" W 355.64 ft. for a point for corner; |
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Thence N 42° 00' 03" E 306.31 ft. for a point for corner; |
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Thence N 59° 02' 54" W 2257.23 ft. for a point for corner; |
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Thence N 40° 49' 44" E 661.84 ft. for a point for corner; |
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Thence N 59° 36' 04" W 2429.18 ft. for a point for corner; |
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Thence N 46° 12' 56" E 2302.81 ft. for a point for corner; |
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Thence N 87° 08' 20" E 456.05 ft. for a point for corner; |
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Thence S 38° 40' 24" E 291.57 ft. for a point for corner; |
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Thence N 90° 00' 00" E 364.39 ft. for a point for corner; |
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Thence S 42° 17' 15" E 4061.68 ft. for a point for corner; |
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Thence S 45° 00' 58" W 2511.58 ft. ending at PLACE 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 hereby certify that S.B. No. 1942 passed the Senate on |
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May 3, 2007, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendment on May 25, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1942 passed the House, with |
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amendment, on May 23, 2007, by the following vote: Yeas 144, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |