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AN ACT
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relating to the creation of the Grayson County Municipal Utility |
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District No. 8; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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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 7912A to read as follows: |
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CHAPTER 7912A. GRAYSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 8 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7912A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Grayson County Municipal |
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Utility District No. 8. |
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Sec. 7912A.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7912A.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7912A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7912A.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7912A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7912A.0106. 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 enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting 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 the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7912A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7912A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7912A.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7912A.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7912A.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7912A.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7912A.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7912A.0302. 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. 7912A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7912A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7912A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7912A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section |
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7912A.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7912A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7912A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7912A.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7912A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. 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, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7912A.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7912A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Grayson County Municipal Utility District |
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No. 8 initially includes all the territory contained in the |
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following area: |
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BEING A TRACT OF LAND LOCATED IN THE UEL D. FOX SURVEY, |
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ABSTRACT NO. 423 AND THE SAMUEL PRUITT SURVEY, ABSTRACT NO. 956, |
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GRAYSON COUNTY, TEXAS AND BEING ALL OF THOSE TRACTS OF LAND |
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DESCRIBED IN DEEDS TO WCH FAMILY PARTNERSHIP, LTD., RECORDED IN |
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VOLUME 5188, PAGE 153 AND VOLUME 5188, PAGE 159, DEED RECORDS, |
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GRAYSON COUNTY, TEXAS (D.R.G.C.T.) AND BEING ALL OF A TRACT OF LAND |
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DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS, |
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RECORDED IN VOLUME 1304, PAGE 793, D.R.G.C.T. AND BEING MORE |
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PARTICULARLY DESCRIBED AS FOLLOWS: |
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BEGINNING AT A 1/2-INCH IRON ROD FOUND AT THE MOST WESTERLY |
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NORTHWEST CORNER OF SAID WCH FAMILY PARTNERSHIP TRACT AND THE |
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SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO RICK |
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WALKER, RECORDED IN VOLUME 3917, PAGE 626, D.R.G.C.T., FROM WHICH A |
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1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF LOT 1 OF HUNTER'S |
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CROSSING, PHASE 1, AN ADDITION TO GRAYSON COUNTY, TEXAS ACCORDING |
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TO THE PLAT THEREOF RECORDED IN VOLUME 13, PAGE 44, PLAT RECORDS, |
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GRAYSON COUNTY, TEXAS (P.R.G.C.T.) BEARS NORTH 00°21'42" WEST, A |
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DISTANCE OF 38.44 FEET; |
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THENCE NORTH 89°08'11" EAST, A DISTANCE OF 595.08 FEET TO A |
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1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND |
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DESCRIBED IN DEED TO PAUL D. YATES AND WIFE, TINA Y. YATES, RECORDED |
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IN VOLUME 2447, PAGE 187, D.R.G.C.T.; |
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THENCE NORTH 00°53'40" WEST, A DISTANCE OF 240.03 FEET TO A |
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CALCULATED POINT IN THE SOUTH LINE OF SAID WALKER TRACT AT THE |
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NORTHEAST CORNER OF SAID YATES TRACT, FROM WHICH A 1/2-INCH IRON ROD |
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FOUND BEARS NORTH 00°53'40" WEST, A DISTANCE OF 0.40 FEET; |
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THENCE NORTH 89°08'11" EAST, ALONG THE COMMON LINE OF SAID WCH |
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FAMILY PARTNERSHIP TRACT AND SAID WALKER TRACT, PASSING A 5/8-INCH |
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IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR REFERENCE AT |
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A DISTANCE OF 1,726.26 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF |
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1,776.26 FEET TO A CALCULATED POINT FOR CORNER IN THE WEST PRONG OF |
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WHITES CREEK; |
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THENCE SOUTH 00°51'29" EAST, CONTINUING ALONG SAID COMMON |
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LINE AND SAID CREEK, A DISTANCE OF 21.30 FEET TO A CALCULATED POINT |
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AT THE MOST WESTERLY NORTHWEST CORNER OF LOT 16 OF THE REPLAT OF LOT |
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14 & PART OF LOTS 13 AND 15, HACKBERRY HEIGHTS, AN ADDITION TO |
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GRAYSON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN |
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VOLUME 11, PAGE 23, P.R.G.C.T.; |
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THENCE SOUTH 02°01'10" WEST, LEAVING SAID COMMON LINE AND |
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CONTINUING ALONG SAID CREEK AND ALONG SAID WEST LINE, A DISTANCE OF |
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76.98 FEET TO A CALCULATED POINT FOR CORNER; |
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THENCE SOUTH 17°00'08" EAST, CONTINUING ALONG SAID CREEK AND |
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SAID WEST LINE, A DISTANCE OF 147.69 FEET TO A CALCULATED POINT FOR |
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CORNER; |
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THENCE NORTH 89°08'56" EAST, LEAVING SAID CREEK AND ALONG THE |
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SOUTH LINE OF SAID LOT 16, A DISTANCE OF 219.81 FEET TO A CALCULATED |
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POINT FOR CORNER IN THE APPROXIMATE CENTER OF A BRANCH OF SAID CREEK |
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AT THE NORTH CORNER OF LOT 13 OF HACKBERRY HEIGHTS PHASE TWO, AN |
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ADDITION TO GRAYSON COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF |
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RECORDED IN VOLUME 10, PAGE 92, P.R.G.C.T.; |
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THENCE SOUTH 23°54'50" WEST, ALONG SAID BRANCH AND THE WEST |
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LINE OF SAID HACKBERRY HEIGHTS PHASE TWO, A DISTANCE OF 108.98 FEET |
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TO A CALCULATED POINT FOR CORNER IN SAID WEST PRONG OF WHITES CREEK; |
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THENCE SOUTHERLY, ALONG SAID WEST PRONG, SAME BEING THE |
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COMMON LINE OF SAID WCH FAMILY PARTNERSHIP TRACT AND SAID HACKBERRY |
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HEIGHTS PHASE TWO, THE FOLLOWING FIFTEEN (15) COURSES AND |
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DISTANCES: |
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1. SOUTH 05 °37'51" WEST, A DISTANCE OF 162.05 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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2. SOUTH 17°32'07" EAST, A DISTANCE OF 134.22 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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3. SOUTH 10°29'21" WEST, A DISTANCE OF 65.27 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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4. SOUTH 42°00'02" EAST, A DISTANCE OF 60.19 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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5. NORTH 62°06'14" EAST, A DISTANCE OF 43.26 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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6. NORTH 03°18'47" EAST, A DISTANCE OF 56.58 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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7. NORTH 59°29'48" EAST, A DISTANCE OF 117.66 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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8. SOUTH 01°37'31" WEST, A DISTANCE OF 481.14 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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9. SOUTH 53°49'07" WEST, A DISTANCE OF 198.83 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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10. NORTH 69°18'14" WEST, A DISTANCE OF 113.04 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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11. NORTH 29°21'52" WEST, A DISTANCE OF 124.86 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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12. SOUTH 36°44'06" WEST, A DISTANCE OF 88.97 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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13. SOUTH 65°01'56" EAST, A DISTANCE OF 40.98 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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14. SOUTH 27°31'46" EAST, A DISTANCE OF 196.90 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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15. SOUTH 41°45'29" WEST, A DISTANCE OF 127.35 FEET TO A |
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CALCULATED POINT AT THE MOST SOUTHERLY NORTHWEST CORNER |
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OF LOT 16 OF SAID HACKBERRY HEIGHTS PHASE TWO AND THE |
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NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO |
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BRIGGS LIVING TRUST, RECORDED IN VOLUME 3204, PAGE 646, |
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D.R.G.C.T.; |
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THENCE SOUTHWESTERLY, ALONG THE APPROXIMATE CENTER OF SAID |
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WEST PRONG, SAME BEING THE COMMON LINE OF SAID WCH FAMILY |
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PARTNERSHIP TRACT AND SAID BRIGGS LIVING TRUST TRACT, THE FOLLOWING |
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THIRTY- THREE (33) COURSES AND DISTANCES: |
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1. SOUTH 71°32'08" WEST, A DISTANCE OF 78.07 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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2. NORTH 84°23'14" WEST, A DISTANCE OF 91.09 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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3. SOUTH 85°15'30" WEST, A DISTANCE OF 30.10 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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4. SOUTH 62°11'39" WEST, A DISTANCE OF 41.25 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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5. SOUTH 04°28'27" WEST, A DISTANCE OF 34.86 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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6. SOUTH 09°39'18" EAST, A DISTANCE OF 37.43 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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7. SOUTH 54°53'18" EAST, A DISTANCE OF 19.07 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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8. NORTH 66°44'16" EAST, A DISTANCE OF 15.43 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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9. SOUTH 68°06'44" EAST, A DISTANCE OF 30.52 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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10. SOUTH 62°01'54" EAST, A DISTANCE OF 33.64 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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11. SOUTH 34°19'34" EAST, A DISTANCE OF 53.12 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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12. SOUTH 02°52'27" EAST, A DISTANCE OF 28.55 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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13. SOUTH 42°01'01" WEST, A DISTANCE OF 38.44 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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14. SOUTH 69°56'13" WEST, A DISTANCE OF 128.54 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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15. SOUTH 83°04'08" WEST, A DISTANCE OF 53.04 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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16. NORTH 41°44'15" WEST, A DISTANCE OF 122.78 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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17. NORTH 81°21'43" WEST, A DISTANCE OF 13.51 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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18. SOUTH 76°55'42" WEST, A DISTANCE OF 11.79 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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19. SOUTH 65°12'40" WEST, A DISTANCE OF 29.57 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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20. SOUTH 33°03'38" WEST, A DISTANCE OF 42.81 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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21. SOUTH 10°00'47" WEST, A DISTANCE OF 11.45 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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22. SOUTH 16°36'13" EAST, A DISTANCE OF 12.00 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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23. SOUTH 43°21'35" EAST, A DISTANCE OF 19.22 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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24. SOUTH 23°19'51" EAST, A DISTANCE OF 15.43 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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25. SOUTH 04°42'58" WEST, A DISTANCE OF 17.64 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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26. SOUTH 22°18'01" WEST, A DISTANCE OF 25.94 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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27. SOUTH 54°52'25" WEST, A DISTANCE OF 35.73 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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28. SOUTH 62°47'42" WEST, A DISTANCE OF 33.74 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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29. SOUTH 14°24'32" WEST, A DISTANCE OF 24.78 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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30. SOUTH 05°50'31" EAST, A DISTANCE OF 36.58 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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31. SOUTH 06°48'15" EAST, A DISTANCE OF 61.82 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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32. SOUTH 44°48'52" EAST, A DISTANCE OF 37.81 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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33. SOUTH 25°16'42" EAST, A DISTANCE OF 16.01 FEET TO A |
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CALCULATED POINT FOR CORNER; |
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|
THENCE SOUTH 88°50'56" WEST, LEAVING SAID WEST PRONG AND |
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|
CONTINUING ALONG THE COMMON LINE OF SAID WCH FAMILY PARTNERSHIP |
|
|
TRACT AND SAID BRIGGS LIVING TRUST TRACT, PASSING A 5/8-INCH IRON |
|
|
ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR REFERENCE AT A |
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|
DISTANCE OF 50.00 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF |
|
|
354.36 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS |
|
|
5674" SET FOR CORNER NEAR A FENCE CORNER POST; |
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|
THENCE SOUTH 07°35'56" WEST, A DISTANCE OF 599.94 FEET TO A |
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|
DEAD BOIS D'ARC TREE FOUND FOR CORNER; |
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|
THENCE NORTH 80°08'23" WEST, PASSING AT A DISTANCE OF 748.66 |
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|
FEET A 1/2-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF |
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|
LAND DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS, |
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|
RECORDED IN VOLUME 1304, PAGE 793, D.R.G.C.T., PASSING AGAIN AT A |
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|
DISTANCE OF 1119.45 FEET A WOOD FENCE POST FOUND AT THE CALLED |
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|
NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO RICKFORD B. |
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|
STILL AND MARTHA A. STILL, RECORDED IN VOLUME 3435, PAGE 152, |
|
|
D.R.G.C.T., AND CONTINUING FOR A TOTAL DISTANCE OF 1,120.62 FEET TO |
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|
A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE |
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|
MOST SOUTHERLY SOUTHWEST CORNER OF SAID KERNS TRACT; |
|
|
THENCE SOUTH 00°26'09" WEST, PASSING A 1/2-INCH IRON ROD FOUND |
|
|
AT A DISTANCE OF 2.64 FEET, AND CONTINUING FOR A TOTAL DISTANCE OF |
|
|
469.12 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS |
|
|
5674" SET AT THE SOUTHEAST CORNER OF SAID WCH FAMILY PARTNERSHIP |
|
|
TRACT, FROM WHICH A 1/2- INCH IRON ROD FOUND WITH A CAP STAMPED |
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|
"SARTIN 3694" BEARS NORTH 83°16'09" EAST, A DISTANCE OF 3.65 FEET; |
|
|
THENCE SOUTH 88°27'06" WEST, A DISTANCE OF 118.91 FEET TO A |
|
|
PK-NAIL FOUND IN MAJORS ROAD AT THE SOUTH COMMON CORNER OF SAID WCH |
|
|
FAMILY PARTNERSHIP TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO |
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|
BILLY WAYNE TURNER, RECORDED IN INSTRUMENT NO. 2017-00006509, |
|
|
D.R.G.C.T.; |
|
|
THENCE NORTH 40°07'29" WEST, ALONG SAID MAJORS ROAD AND THE |
|
|
COMMON LINE OF SAID WCH PARTNERSHIP TRACT AND SAID TURNER TRACT, A |
|
|
DISTANCE OF 376.00 FEET TO A MAG NAIL SET FOR CORNER IN SAID MAJORS |
|
|
ROAD; |
|
|
THENCE NORTH 24°15'14" WEST, LEAVING THE COMMON LINE OF SAID |
|
|
WCH FAMILY PARTNERSHIP TRACT AND SAID TURNER TRACT, A DISTANCE OF |
|
|
215.66 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS |
|
|
5674" SET FOR CORNER ON THE WESTERLY SIDE OF SAID MAJORS ROAD; |
|
|
THENCE NORTH 00°03'20" WEST, CONTINUING ALONG SAID WEST SIDE |
|
|
OF MAJORS ROAD, A DISTANCE OF 206.05 FEET TO A 1/2-INCH IRON ROD |
|
|
FOUND AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID KERNS TRACT; |
|
|
THENCE NORTH 01°09'57" EAST, CONTINUING ALONG SAID WEST SIDE |
|
|
OF MAJORS ROAD AND PASSING AT A DISTANCE OF 50.95 FEET THE NORTHWEST |
|
|
CORNER OF SAID KERNS TRACT, PASSING AGAIN AT A DISTANCE OF 170.27 |
|
|
FEET A 1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF A TRACT |
|
|
OF LAND DESCRIBED IN DEED TO LC. ACHIMON AND WIFE DONNITA ACHIMON, |
|
|
RECORDED IN VOLUME 2697, PAGE 690, D.R.G.C.T. AND A TRACT OF LAND |
|
|
DESCRIBED IN DEED TO DEANNA M. BUNCH, RECORDED IN VOLUME 4588, PAGE |
|
|
799, D.R.G.C.T., AND CONTINUING ALONG THE COMMON LINE OF SAID WCH |
|
|
FAMILY PARTNERSHIP TRACT AND SAID BUNCH TRACT FOR A TOTAL DISTANCE |
|
|
OF 550.82 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED |
|
|
"RPLS 5674" SET AT THE NORTHWEST CORNER OF SAID WCH FAMILY |
|
|
PARTNERSHIP TRACT RECORDED IN VOLUME 5188, PAGE 153; |
|
|
THENCE NORTH 89°43'01" EAST, LEAVING THE COMMON LINE OF SAID |
|
|
WCH FAMILY PARTNERSHIP TRACT AND SAID BUNCH TRACT, A DISTANCE OF |
|
|
22.30 FEET TO A MAG NAIL SET NEAR THE APPROXIMATE CENTERLINE OF SAID |
|
|
MAJORS ROAD AT THE SOUTHWEST CORNER OF SAID WCH FAMILY PARTNERSHIP |
|
|
TRACT RECORDED IN 5188, PAGE 159; |
|
|
THENCE NORTH 00°12'54" EAST, ALONG SAID APPROXIMATE |
|
|
CENTERLINE, A DISTANCE OF 1,312.29 FEET TO THE POINT OF BEGINNING |
|
|
AND CONTAINING 5,517,945 SQUARE FEET OR 126.675 ACRES OF LAND, MORE |
|
|
OR LESS. |
|
|
SAVE AND EXCEPT: |
|
|
BEING A TRACT OF LAND LOCATED IN THE SAMUEL PRUITT SURVEY, |
|
|
ABSTRACT NO. 956, GRAYSON COUNTY, TEXAS AND BEING ALL OF A TRACT OF |
|
|
LAND DESCRIBED IN DEED TO GEORGE M. KERNS AND WIFE, DIANA SUE KERNS, |
|
|
RECORDED IN VOLUME 1304, PAGE 793, DEED RECORDS, GRAYSON COUNTY, |
|
|
TEXAS (D.R.G.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS |
|
|
FOLLOWS: |
|
|
BEGINNING AT A 1/2-INCH IRON ROD FOUND ON THE WEST SIDE OF |
|
|
MAJORS ROAD AT THE NORTHWEST CORNER OF SAID KERNS TRACT AND THE MOST |
|
|
WESTERLY SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO |
|
|
WCH FAMILY PARTNERSHIP, LTD., RECORDED IN VOLUME 5188, PAGE 153, |
|
|
D.R.G.C.T.; |
|
|
THENCE SOUTH 81°42'03" EAST, ALONG THE COMMON LINE OF SAID |
|
|
KERNS TRACT AND SAID WCH FAMILY PARTNERSHIP TRACT, A DISTANCE OF |
|
|
864.10 FEET TO A CALCULATED POINT FOR CORNER; |
|
|
THENCE SOUTH 09°51'07" WEST, CONTINUING ALONG SAID COMMON |
|
|
LINE AND PASSING A 1/2-INCH IRON ROD FOUND AT A DISTANCE OF 210.52 |
|
|
FEET, AND CONTINUING FOR A TOTAL DISTANCE OF 210.88 FEET TO A |
|
|
CALCULATED POINT AT THE SOUTH COMMON CORNER OF SAID KERNS TRACT AND |
|
|
SAID WCH FAMILY PARTNERSHIP TRACT; |
|
|
THENCE NORTH 80°08'23" WEST, LEAVING SAID COMMON LINE AND |
|
|
ALONG THE SOUTH LINE OF SAID KERNS TRACT, PASSING AT A DISTANCE OF |
|
|
370.79 FEET A WOOD FENCE POST FOUND AT THE CALLED NORTHWEST CORNER |
|
|
OF A TRACT OF LAND DESCRIBED IN DEED TO RICKFORD B. STILL AND MARTHA |
|
|
A. STILL, RECORDED IN VOLUME 3435, PAGE 152, D.R.G.C.T., AND |
|
|
CONTINUING FOR A TOTAL DISTANCE OF 371.96 FEET TO A 5/8-INCH IRON |
|
|
ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET IN THE EAST LINE OF A |
|
|
SECOND TRACT DESCRIBED IN SAID DEED TO WCH FAMILY PARTNERSHIP TRACT |
|
|
AT THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID KERNS TRACT; |
|
|
THENCE NORTH 01°17'18" EAST, ALONG THE COMMON LINE OF SAID |
|
|
KERNS TRACT AND SAID WCH FAMILY PARTNERSHIP TRACT, A DISTANCE OF |
|
|
178.17 FEET TO A CALCULATED POINT FOR CORNER; |
|
|
THENCE NORTH 85°02'11" WEST, CONTINUING ALONG SAID COMMON |
|
|
LINE, A DISTANCE OF 459.27 FEET TO A 1/2-INCH IRON ROD FOUND ON THE |
|
|
WEST SIDE OF MAJORS ROAD AT THE MOST WESTERLY SOUTHWEST CORNER OF |
|
|
SAID KERNS TRACT; |
|
|
THENCE NORTH 01°09'57" EAST, ALONG THE WEST LINE OF SAID KERNS |
|
|
TRACT, A DISTANCE OF 50.95 FEET TO THE POINT OF BEGINNING AND |
|
|
CONTAINING 96,752 SQUARE FEET OR 2.221 ACRES OF LAND, MORE OR LESS. |
|
|
SECTION 3. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act are fulfilled |
|
|
and accomplished. |
|
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
7912A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7912A.0306 to read as |
|
|
follows: |
|
|
Sec. 7912A.0306. NO EMINENT DOMAIN POWER. The district may |
|
|
not exercise the power of eminent domain. |
|
|
(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Section 17(c), |
|
|
Article I, Texas Constitution. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2021. |
|
|
|
|
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|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 2207 passed the Senate on |
|
|
May 5, 2021, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 2207 passed the House on |
|
|
May 14, 2021, by the following vote: Yeas 106, Nays 39, two |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
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| |
|
|
Approved: |
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|
|
|
|
______________________________ |
|
|
Date |
|
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|
______________________________ |
|
|
Governor |