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AN ACT
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relating to asset management and acquisition by institutions of |
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higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 73.115, Education Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) In any contract for the acquisition of goods and |
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services to which an institution of higher education is a party, a |
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provision required by applicable law to be included in the contract |
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is considered to be a part of the executed contract without regard |
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to: |
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(1) whether the provision appears on the face of the |
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contract; or |
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(2) whether the contract includes any provision to the |
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contrary. |
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SECTION 2. Chapter 64, Property Code, as added by Chapter |
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918 (S.B. 1368), Acts of the 82nd Legislature, Regular Session, |
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2011, is amended by adding Section 64.0011 to read as follows: |
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Sec. 64.0011. APPLICATION TO INSTITUTIONS OF HIGHER |
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EDUCATION. This chapter does not apply to residential property for |
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which an institution of higher education is a co-owner. |
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SECTION 3. Subsection (d), Section 66.08, Education Code, |
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is amended to read as follows: |
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(d) The board of directors of the corporation shall have |
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nine members, determined as follows: |
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(1) seven [six] members appointed by the board, of |
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whom: |
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(A) three must be members of the board; |
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(B) [and the other] three must have a substantial |
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background and expertise in investments; and |
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(C) one must be a qualified individual as |
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determined by the board, which may include |
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[(2)] the chancellor of The University of Texas |
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System; and |
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(2) [(3)] two members appointed by the board of |
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regents of The Texas A&M University System, at least one of whom |
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must have a substantial background and expertise in investments. |
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SECTION 4. Section 74.002, Education Code, is repealed. |
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SECTION 5. Subsection (b), Section 85.25, Education Code, |
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is amended to read as follows: |
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(b) The board may grant, sell, lease, or otherwise dispose |
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of the lands and mineral interests under its jurisdiction [that do
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not comprise any portion of the original main campus of Texas A&M
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University] to other units or agencies of government, or to any |
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individual, group of individuals, corporation, or other entity, |
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under terms and conditions the board considers [it deems] best in |
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the public interest. |
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SECTION 6. Subsections (c) and (d), Section 85.25, |
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Education Code, are repealed. |
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SECTION 7. (a) The board of regents of The University of |
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Texas System may acquire by purchase, exchange, gift, or otherwise, |
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for campus and other university purposes, all or any part of the |
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land described in this section, and all improvements located on the |
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land, in or near the City of Brownsville, Cameron County, Texas, |
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consisting of multiple parcels, the boundaries of which tracts of |
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land are more specifically described in Subsections (b), (c), and |
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(d) of this section. |
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(b) All or any part of the land described as follows: |
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BEGINNING at the intersection of West University Boulevard |
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and Ringgold Road; |
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THENCE Northeast along the South right of way line of |
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Ringgold Road to the intersection of Ringgold Road/Ridgely Road |
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with the common property line between Lots 11 and 12, Block 14, |
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Colonia Alta Vista, recorded in Volume 8, Page 39, Map Records of |
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Cameron County, Texas; |
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THENCE continuing in a Northeasterly direction along the |
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common property line between Lots 11 and 12, Block 14, Colonia Alta |
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Vista, to the Southwesterly right of way line of East Jackson Road; |
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THENCE Southeast along the Southwesterly right of way line of |
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East Jackson Road to the intersection of East Jackson Road and East |
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24th Street; |
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THENCE Northeast along the South right of way line of East |
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24th Street to the Southwest right of way line of U. S. Highways |
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77/83; |
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THENCE South along the Southwest right of way line of U. S. |
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Highways 77/83, continuing past the intersection of the frontage |
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road with West University Boulevard and following the Easternmost |
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property line of an approximately 21.5-acre tract identified in the |
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Cameron County Appraisal District Records as Parcel 62191; |
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THENCE continuing along the property line of the 21.5-acre |
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tract as it turns West, to a point at which the 21.5-acre parcel |
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property line intersects the Easternmost property line of an |
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approximately 47.96-acre tract identified in the Cameron County |
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Appraisal District Records as Parcel 384258; |
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THENCE South following the Easternmost property line of the |
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47.96-acre tract to its Southernmost point; |
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THENCE Northwest along the Southern property line of the |
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47.96-acre tract and continuing in a Northwesterly direction beyond |
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the Southwest corner of the 47.96-acre tract and along the Southern |
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property line of an approximately 17.4-acre tract whose Eastern |
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property line shares a common property line with the Western |
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property line of the 47.96-acre tract, to the Southwest corner of |
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the 17.4-acre tract; |
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THENCE North along the Western property line of the 17.4-acre |
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tract to West University Boulevard; |
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THENCE Northwest along the Eastern right of way line of West |
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University Boulevard to the intersection of West University |
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Boulevard and Ringgold Road, to the point of BEGINNING; |
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But expressly excluding Lot 1, Block 3, and Lot 6, Block 4, |
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University Park Subdivision Unit 1, and Lot 2, Block 3, University |
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Park Subdivision Unit 2. |
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(c) All or any part of an irregularly shaped parcel |
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containing approximately 432 acres in Cameron County, Texas, more |
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specifically described as follows: |
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BEGINNING at a point on the northern right of way line of |
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Texas Highway 100 that is approximately 1.3 miles east of the |
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intersection of Texas Highway 100 and U. S. Highways 77/83 and which |
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point is the midpoint of a resaca that intersects Texas Highway 100, |
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for the most southerly southwest corner of the tract; |
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THENCE along the northern right of way line of Texas Highway |
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100 and continuing in an easterly direction for a distance of |
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approximately 3,400 feet, to the most southerly southeast corner of |
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the tract; |
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THENCE in a northerly direction for approximately 3,400 feet |
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for the most easterly northeast corner of this tract; |
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THENCE west for approximately 500 feet to the westernmost |
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edge of a resaca; |
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THENCE following the meandering of the resaca north and west |
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to a point that is approximately 850 feet north of the point at |
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which the resaca turns north for a second time; |
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THENCE continuing west for a distance of approximately 3,400 |
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feet to the most northerly northwest corner of the tract; |
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THENCE south for approximately 2,000 feet to a southwesterly |
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corner of the tract; |
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THENCE east for approximately 2,800 feet ; |
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THENCE south for approximately 800 feet to the midpoint of a |
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resaca; |
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THENCE following the meanderings of that resaca east and then |
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south to the point of BEGINNING. |
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(d) All or any part of an approximately 750.402-acre tract |
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described in a deed recorded as Document No. 6590, Official Public |
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Records of Cameron County, more specifically described as follows: |
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Being 750.402 Acres of land, more or less, out of Share 14 of |
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the Espiritu Santo Grant in Cameron County; Texas and being out of a |
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1,635.53 Acre Tract conveyed to Milton E. Wentz and wife, Monica C. |
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Wentz from G. Philip Wardner, Trustee by deed dated January 15, 1959 |
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and recorded in Volume 671, Page 8 of the Cameron County Deed |
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Records; said 750.402 Acre Tract being more particularly located |
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and described as follows: |
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BEGINNING at a 1/2 inch iron pin with a yellow plastic cap |
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stamped "M&R INC" set on the west line of the Olmito Townsite as |
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recorded in Volume 8, Page 83 of the Cameron County Map Records and |
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being the intersection of the north right-of-way line of U.S. |
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Expressway 77 & 83 (r.o.w. varies) with the east line of said Share |
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14 for the southeast corner of this tract; |
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THENCE, along the north right-of-way line of U.S: Expressway |
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77 & 83, North 45 deg 12 min 33 sec West a distance of 2919.87 feet |
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to a 1/2 inch iron pin found for a corner of this tract; |
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THENCE, continuing along the north right-of-way line of U.S. |
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Expressway 77 & 83, North 40 deg 48 min 33 sec West a distance of |
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1303.84 feet to a 1/2 inch iron pin with a yellow plastic cap |
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stamped "M&R INC" set for a corner of this tract; |
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THENCE, continuing along the north right-of-way line of U.S. |
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Expressway 77 & 83, North 45 deg 12 min 33 sec West a distance of |
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989.45 feet to a 1/2 inch iron pin with a yellow plastic cap stamped |
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"M&R INC" set on the west line of said Share 14 for the southwest |
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corner of this tract; |
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THENCE, along the west line of said Share 14 and being the |
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east line of San Carlos Estates Subdivision as recorded in Volume 8, |
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Page 37 of the Cameron County Map Records, North 07 deg 38 min 21 sec |
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East, at 5500.20 feet a 1/2 inch iron pin with a yellow plastic cap |
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stamped "M&R INC" set on lane for reference, a total distance of |
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5553.85 feet to a point on the centerline of Cameron County Drainage |
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District No. One Main Drain No. 2 for the northwest corner of this |
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tract; |
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THENCE, along the approximate centerline of said Main Drain |
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No. 2 the following courses: |
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North 75 deg 11 min 53 sec East a distance of 386.52 feet, |
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North 74 deg 56 min 03 sec East a distance of 665.61 feet; |
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South 88 deg 38 min 55 sec East a distance of 198.80 feet; |
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and South 54 deg 01 min 55 sec East a distance of 362.78 feet to a |
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point for a corner of this tract; |
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THENCE, out of said Main Drain No. 2, North 07 deg 16 min 53 |
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sec East, at 55.82 feet a 1/2 inch iron pin with a yellow plastic cap |
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stamped "M&R INC" set on line for reference, at 1059.55 feet a 1/2 |
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inch iron pin with a yellow plastic cap stamped "M&R INC" set on |
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line for reference, a total distance of 1243.64 feet to a point |
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within the Resaca De Las Flores for a corner of this tract; |
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THENCE, through said resaca, South 66 deg 59 min 07 sec East a |
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distance of 1028:24 feet and South 41 deg 59 min 07 sec East a |
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distance of 715.00 feet to a point for a corner of this tract; |
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THENCE, out of said resaca, North 42 deg 44 min 53 sec East a |
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distance of 639.80 feet to a point in the center of a drain ditch for |
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a corner of this tract; |
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THENCE, along the approximate center of said drain ditch, |
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North 78 deg 12 min 53 sec East a distance of 88.63 feet to a 1/2 |
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inch iron pin with a yellow plastic cap stamped "M&R INC" set for a |
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corner of this tract; |
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THENCE, continuing along the approximate center of said drain |
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ditch, North 81 deg 58 min 00 sec East a distance of 474.27 feet to a |
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point within a drain ditch and being on the east line of said Share |
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14 for the northeast corner of this tract; |
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THENCE, through said drain ditch and along the east line of |
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said Share 14 also being the west line of Parker Tract Subdivision |
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as recorded in Volume 4, Page 40 of the Cameron County Map Records, |
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South 07 deg 13 min West, at 1844.59 feet a point on the centerline |
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of said Main Drain No. 2 for the northwest corner of Saint Francis |
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of Assisi Subdivision as recorded in Cabinet I, Slot 895-B of the |
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Cameron County Map Records, at 2669.69 feet a concrete monument |
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found for the southwest corner of said Saint Francis of Assisi |
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Subdivision, a total distance of 3913.73 feet to a point for the |
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southwest corner of said Parker Tract Subdivision and for the |
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northwest corner of Olmito Gardens Tract No. I as recorded in Volume |
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6, Page 41 of the Cameron County Map Records and for a corner of this |
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tract; |
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THENCE, continuing along the east line of said Share 14, |
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South 07 deg 14 min 40 sec West, at 6145.84 feet the common corner |
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between said Olmito Gardens Tract No. 1 and said Olmito Townsite, a |
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total distance of 6342.28 feet to the POINT OF BEGINNING. |
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Containing 750.402 Acres of land, more or less. |
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(e) The title to the land shall be taken in the name of the |
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board of regents of The University of Texas System and shall be |
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subject to the control and management of the board in the same |
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manner and to the same extent that the lands now owned by The |
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University of Texas System are held and controlled. |
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SECTION 8. 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, 2013. |
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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. 1604 passed the Senate on |
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May 2, 2013, by the following vote: Yeas 31, 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. 1604 passed the House on |
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May 22, 2013, by the following vote: Yeas 148, Nays 0, two |
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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 |