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AN ACT
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relating to the creation of the Preston Summit Municipal Utility |
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District No. 1 of Grayson County; providing authority to impose a |
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tax and issue bonds; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8254 to read as follows: |
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CHAPTER 8254. PRESTON SUMMIT MUNICIPAL UTILITY DISTRICT NO. 1 OF |
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GRAYSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8254.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Preston Summit Municipal |
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Utility District No. 1 of Grayson County. |
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Sec. 8254.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Grayson County created under and |
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essential to accomplish the purposes of Section 52, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 8254.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8254.023 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Grayson County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 8254.004. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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indebtedness; or |
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(4) the legality or operation of the district or the |
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board. |
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[Sections 8254.005-8254.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8254.021. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2007, a person who owns land in the district may submit |
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a petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as temporary directors the |
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five persons named in the petition. |
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(b) The commission shall appoint as temporary directors the |
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five persons named in the first petition received by the commission |
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under Subsection (a). |
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(c) If a temporary director fails to qualify for office, the |
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commission shall appoint a person to fill the vacancy. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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8254.023; or |
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(2) the date this chapter expires under Section |
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8254.003. |
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Sec. 8254.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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temporary directors shall meet at a location in the district |
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agreeable to a majority of the directors. At the meeting, the |
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temporary directors shall elect officers from among the temporary |
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directors and conduct any other district business. |
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Sec. 8254.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION; ANNEXATION BY CITY. (a) The temporary directors shall |
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hold an election to confirm the creation of the district and to |
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elect five directors as provided by Section 49.102, Water Code. |
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(b) The temporary directors may not hold the election until |
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the City of Gunter has annexed into its corporate limits all |
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territory described by Section 2 of the Act creating this chapter. |
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Sec. 8254.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8254.023 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 8254.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8254.026-8254.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8254.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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[Sections 8254.052-8254.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8254.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8254.102. WATER AND WASTEWATER FACILITIES AND |
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SERVICES. (a) The district shall make available any district water |
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or wastewater facility to each person that holds a certificate of |
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convenience and necessity for land in the district. |
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(b) The district may not provide retail water or wastewater |
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services. |
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Sec. 8254.103. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads or turnpikes, or improvements in aid of |
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those roads or turnpikes, inside the district. |
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(b) A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulations of |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located. |
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Sec. 8254.104. MAINTENANCE AND REPAIR OF ROADS IN TERRITORY |
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EXCLUDED FROM CITY. If the City of Gunter excludes district |
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territory from the city's corporate limits, the district shall |
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maintain, improve, operate, and repair any road located in that |
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territory in accordance with the ordinances and rules of each |
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political subdivision in whose jurisdiction the road is located. |
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Sec. 8254.105. DIVISION OF DISTRICT. (a) The district may |
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be divided into two new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) The division procedure is prescribed by Sections 53.030 |
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through 53.041, Water Code. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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(d) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land: |
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(1) outside the area described by Section 2 of the Act |
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creating this chapter; or |
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(2) outside the corporate limits of the city of |
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Gunter. |
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Sec. 8254.106. COMPLIANCE WITH MUNICIPAL CONSENT |
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RESOLUTIONS. The district shall comply with all applicable |
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requirements of any ordinance or resolution adopted by the |
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governing body of each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located. |
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Sec. 8254.107. LIMITATION ON ANNEXATION. (a) The district |
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may not add land to the district under Subchapter J, Chapter 49, |
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Water Code, if the land is located outside the corporate limits of |
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the city of Gunter. |
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(b) Section 43.075, Local Government Code, does not apply to |
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the district. |
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[Sections 8254.108-8254.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8254.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds or other |
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obligations issued under Section 8254.201. |
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[Sections 8254.152-8254.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8254.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49 and 54, Water Code, to finance the |
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construction, maintenance, or operation of a project under Section |
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8254.101 or 8254.103. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 8254.103 unless the issuance |
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is approved by a vote of a two-thirds majority of the district |
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voters voting at an election held for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8254.103 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Preston Summit Municipal Utility District |
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No. 1 of Grayson County includes all the territory contained in the |
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following area: |
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TRACT 1: |
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SITUATED in the County of Grayson, State of Texas, being a part of |
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the John Blundell Survey, Abstract No. 95, a part of the Orry A. |
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VanDusen Survey, Abstract, No. 1424, a part of the William P. |
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Johnson Survey, Abstract No. 628 and a part of the Daniel Lloyd |
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Survey, Abstract No. 706, being a part of the 709.93648 acre tract |
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of land (Tract Two) and a part of the "approximate" 68.3 acre tract |
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of land (Tract One), conveyed by Correction Warranty Deed from C. J. |
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Christie and wife, Mattie P. Christie, to Christie Farm, Ltd., on |
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February 12, 1993 (effective date: June 17, 1992), recorded in |
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Volume 2255, Page 516, Real Property Records, Grayson County, |
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Texas, and being more particularly described as one tract of land, |
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by metes and bounds as follows, to-wit: |
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BEGINNING at a 1/2 inch rebar set in the South line of said Blundell |
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Survey and the North line of the Asa Hartfield Survey, Abstract No. |
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490, at an angle point in the East line of the Tommy Allen, III, |
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537.375 ac. in Vol. 3187, Pg. 766, O.P.R.G.C.T., at the Southwest |
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corner of said Christie 709.93648 ac. and the Northwest corner of |
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the Sangani Properties, Ltd. 26.861 ac. (Tract 3) in Vol. 3684, Pg. |
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182, O.P.R.G.C.T., said rebar being in the West ditch of Fallon |
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Road, a "North-South" public road, and being 15.5 ft. West of the |
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center of the asphalt paving of Fallon Road, and being in-line with |
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the center of Savage Road, a public road to the East; |
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THENCE North 24 deg. 58 min. 30 sec. East, with the East line of said |
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Allen 537.375 ac., intersecting the center of the asphalt paving of |
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Fallon Road at about 100 ft., and continuing now with said center of |
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Fallon Road, leaving said center of road at about 2400, and |
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continuing for a total distance of 2457.37 ft. to a 1/2 inch rebar |
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set near the East edge of said asphalt paving of said road, in the |
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East line of said VanDusen Survey and the most Western West line of |
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said Johnson Survey, at an angle point in said East line of the |
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Allen 537.375 ac.; |
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THENCE North 01 deg. 50 min. 30 sec. East, with said East line of the |
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VanDusen Survey and then the most Eastern East line of the H.T. & |
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B.R.R. Survey, Abstract No. 605 and with said Western West line of |
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the Johnson Survey, intersecting the center of the asphalt paving |
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of Fallon Road at about 80 ft., and continuing now with said center |
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of Fallon Road, leaving said center of road at about 4800, and |
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continuing for a total distance of 5330.70 ft. to a 1/2 inch rebar |
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set in an "East-West" wire fence maintaining the South line of both |
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the John S. Thom (AKA.; John. S. Thorn) Survey, Abstract No. 1189 |
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and the Phillip S. Wildman 183.689 ac. (Exhibit "A") in Vol. 2535, |
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Pg. 484, O.P.R.G.C.T., at the Northwest corner of both said Johnson |
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Survey and the Christie 709.93648 ac., the most Eastern Northeast |
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corner of said H.T. & B.R.R. Survey; |
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THENCE South 89 deg. 00 min. 22 sec. East, with the general course |
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of said wire fence maintaining said South line of the Thom Survey |
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and the North line of said Johnson Survey, a distance of 1618.98 ft. |
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to a 5/8 inch rebar found in concrete, at the Southeast base of a |
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crosstie corner post, at the Southeast corner of said Wildman |
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183.689 ac. and the Southwest corner of the Phillip Sherwood |
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Wildman and wife, Teresa Marie "Donohoe" Wildman 240.811 ac. |
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(Exhibit "A") in Vol. 2583, Pg. 538, O.P.R.G.C.T.; |
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THENCE South 87 deg. 56 min. 05 sec. East, with the "scattered" |
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remains of an old fence, continuing with said South line of the Thom |
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Survey and said North line of the Johnson Survey, a distance of |
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2665.50 ft. to a spike nail found near the West base of a corner |
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post, in the center of an old "North-South" public road, now |
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abandoned, in the West line of both the Mary Miller Survey, Abstract |
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No. 775 and the Jack A. Turpin 233.480 ac. (Tract No. 1) in Vol. |
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1963, Pg. 436. R.P.R.G.C.T., at the Southeast corner of both the |
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Thom Survey and the Wildman 240.811 ac., the Northeast corner of |
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both the Johnson Survey and the Christie 709.93648 ac.; |
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THENCE South 00 deg. 12 min. 02 sec. East, with the general course |
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of a wire fence along the center of said abandoned road, with said |
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West line of the Miller Survey and the East line of said Johnson |
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Survey, a distance of 1331.48 ft. to an 8 inch wood post maintaining |
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an angle point in the west line of said Turpin 233.480 ac.; |
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THENCE South 17 deg. 23 min.. 18 sec. East, with a wire fence |
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maintaining the West line of said Turpin 233.480 ac., but not with |
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said Miller & Johnson Survey lines and not with the center of said |
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abandoned road, a distance of 301.70 ft. to an 8 inch wood post |
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maintaining another angle point in the West said Turpin 233.480 ac, |
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in the West line of said abandoned road; |
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THENCE South 00 deg. 28 min. 22 sec. East, with the general course |
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of a wire fence maintaining the West line of said Turpin 233.480 |
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ac., and along the West line of said abandoned road, a distance of |
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1461.48 ft. to a crosstie corner post maintaining the Southwest |
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corner of said Turpin 233.480 ac.; |
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THENCE South 89 deg. 20 min. 53 sec. East, with a wire fence |
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maintaining the South line of said Turpin 233.480 ac., a distance of |
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16.97 ft. to a 1/2 inch rebar found at the base of a corner post, in |
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the center of said abandoned road, in the East line of both said |
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Johnson Survey and the Christie 709.93648 Sc., the West line of said |
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Miller Survey, at the Northwest corner of the Edwin A. Trapp, Jr. |
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Revocable Trust, 278.389 ac. (Tract One Exhibit "A") in Vol. 2271, |
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Pg. 274, R.P.R.G.C.T.; |
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THENCE South 00 deg. 17 min. 02 sec. East, with the general course |
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of a wire fence along the center of said abandoned road, with said |
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West line of the Miller Survey and said East line of the Johnson |
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Survey, a distance of 1813.09 ft. to a 5/8 inch rebar found at the |
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base of a corner post, at the Southwest corner of said Miller |
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Survey, the most Western Southwest corner of said Trapp 278.389ac. |
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and the Northwest corner of both said Daniel Lloyd Survey and the |
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Christie 68.3 ac.; |
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THENCE North 89 deg. 30 min. 05 sec. East, with the general course |
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of a wire fence maintaining a South line of said Miller Survey and |
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the North line of both said Lloyd Survey and the Christie 68.3 ac., |
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leaving said abandoned road at 17 ft., and continuing with said |
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fence, for a total distance 914.48 ft. to a 1/2 inch rebar found at |
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the base of a corner post, in the West right-of-way line of State |
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Hwy. 289, at the most Eastern Northeast corner of the herein |
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described tract; |
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THENCE Southwesterly, with the West right-of-way line of State Hwy. |
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289, the following calls and distances: |
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1. South 28 deg. 15 min. 55 sec. West, a distance of 774.73 ft. to a |
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point at the East base of fence post; |
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2. South 15 deg. 32 min. 08 sec. West, a distance of 251.91 ft. to a |
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point at the East base of a corner post, in North right-of-way line |
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of the St. Louis, San Francisco & Texas (Frisco) Railroad, at the |
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most Eastern Southeast corner of the herein described tract; |
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THENCE Southwesterly, with the North right-of-way line of said |
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Frisco Railroad, the following calls and distances: |
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1. South 76 deg. 48 min. 15 sec. West, a distance of 3250.09 ft. to a |
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point at the beginning of a curve; |
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2. Southwesterly, with a curve to the left having a central angle |
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(delta) of 29 deg. 09 min. 37 sec. and a radius of 3869.83 ft. (chord |
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bears South 62 deg. 13 min.. 27 sec. West, 1948.33 ft.), an arc |
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distance of 1969.52 ft. to a 1/2 inch rebar set in the center of said |
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Savage Road, in the South line of said Blundell Survey and the North |
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line of said Hartfield Survey, at the most Southern Southeast |
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corner of both the Christie 709.93648 ac. and the herein described |
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tract; |
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THENCE North 88 deg. 36 mm, 08 sec. West, with the center of Savage |
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Road and with said Survey lines, a distance of 1216.55 ft. to the |
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PLACE OF BEGINNING and containing 721.495 ACRES of land. |
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TRACT 2: |
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SITUATED in the County of Grayson, State of Texas, being a part of |
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the John Blundell Survey, Abstract No. 95, a part of the William P. |
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Johnson Survey, Abstract No. 628 and a part of the Daniel Lloyd |
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Survey, Abstract No. 706, being part of the 90.71166 acre tract of |
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land (Tract Three) and a part of the "approximate" 68.3 acre tract |
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of land (Tract One), conveyed by Correction Warranty Deed from C. J. |
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Christie and wife, Mattie P. Christie, to Christie Farm, Ltd., on |
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February 12, 1993 (effective date: June 17, 1992), recorded in |
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Volume 2255, Page 516, Real Property Records, Grayson County, |
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Texas, and being more particularly described as one tract of land, |
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by metes and bounds as follows, to-wit: |
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BEGINNING at a 1/2 inch rebar found in the West right-of-way line of |
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State Hwy. 289 and the center of Savage Road, a public road to the |
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West, in the most Southern South line of said Johnson Survey, in the |
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South line of said Christie 90.71166 ac. and the North line of the |
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Asa Hartfield Survey, Abstract No. 490, at the most Southern |
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Southeast corner of the herein described tract and the Northeast |
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corner of the Sangani Properties, Ltd. 278.933 ac. (Tract 2) in Vol. |
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3684, Pg. 182, O.P.R.G.C.T.; |
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THENCE Westerly, with the center of Savage Road, with the South line |
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of said Christie 90.71166 ac. and the North line of said Sangani |
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278.933 ac., the following calls and distances: |
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1. North 88 deg. 01 min. 29 sec. West, a distance of 2702.40 ft. to |
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an angle point; |
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2. North 88 deg. 36 min. 08 sec. West, 969.77 ft. to a 1/2 inch rebar |
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set in the South or Southeast right-of-way line of the St. Louis, |
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San Francisco & Texas (Frisco) Railroad, at the Southwest corner of |
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said Christie 90.71166 ac. and the Northwest corner of said Sangani |
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278.933 ac.; |
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THENCE Northeasterly, with the South or Southeast right-of-way line |
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of said Frisco Railroad, the following calls and distances: |
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1. Northeasterly, with a curve to the right having a central angle |
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(delta) of 27 deg. 32 min. 56 sec. and a radius of 3769.83 ft. (chord |
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bears North 61 deg, 01 min. 47 sec. East, 1795.20 ft.), an arc |
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distance of 1812.61 ft. to a point at the end of said curve; |
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2. North 76 deg. 48 min. 15 sec. East, a distance of 3195.27 ft. to a |
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point at the East base of a corner post, in the West right-of-way |
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line of State Hwy. 289, at the Northeast corner of the herein |
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described tract; |
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THENCE Southeasterly, with the West right-of-way line of State Hwy. |
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289. the following calls and distances: |
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1. South 15 deg. 32 min. 08 sec. West, a distance of 625.74 ft. to a |
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point on a concrete & brass monument, said point being North 38 deg. |
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West, 0.5 ft. from the center of said monument; |
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2. South 25 deg. 08 min. 43 sec. West, a distance of 632.15 ft. to a |
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point on a concrete & brass monument, said point being North 17 deg. |
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West, 0.3 ft. from the center of said monument; |
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3. South 41 deg. 35 min. 40 sec. West, a distance of 314.23 ft. to a |
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point on a concrete & brass monument, said point being North 21 deg. |
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West, 0.2 ft. from the center of said monument; |
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4. South 46 deg. 32 min. 40 sec. West, a distance of 251.92 ft. to a |
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point on a concrete & brass monument, in the North line of said |
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Savage Road, said point being North 47 deg. West, 0.2 ft. from the |
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center of said monument; |
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THENCE North 88 deg. 59 min. 29 sec. West, continuing with said West |
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right-of-way line of Hwy. 289, along a "flare-out in said |
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right-of-way and with the North line of Savage Road, a distance of |
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210.77 ft. to a point on a concrete & brass monument, said point |
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being 0.8 ft. South of the center of said monument; |
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THENCE South 01 deg. 37 min. 50 sec. West, again with said West |
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right-of-way line of Hwy. 289 and partially across Savage Road, a |
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distance of 33.58 ft. to the PLACE OF BEGINNING and containing |
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95.259 ACRES of land. |
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TRACT 3: |
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SITUATED in the County of Grayson, State of Texas, being a part of |
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the Daniel Lloyd Survey, Abstract No. 706, being a part of the |
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"approximate" 68.3 acre tract of land (Tract One), conveyed by |
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Correction Warranty Deed from C. J. Christie and wife, Mattie P. |
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Christie, to Christie Farm, Ltd., on February 12, 1993 (effective |
|
date: June 17, 1992), recorded in Volume 2255, Page 516, Real |
|
Property Records, Grayson County, Texas, and being more |
|
particularly described by metes and bounds as follows, to-wit: |
|
BEGINNING at a 1/2 inch rebar found in East right-of-way line of |
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State Hwy. 289 and the center of Strawn Road, an "East-West" public |
|
road, in the North line of the Asa Hartfield Survey, Abstract No. |
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490, at the Southwest corner of both said Daniel Lloyd Survey and |
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the Christie 68.3 ac., the Southeast corner of the William P. |
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Johnson Survey, Abstract No. 628; |
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THENCE North 00 deg, 13 min. 14 sec. West, with the East |
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right-of-way line of said Hwy. 289, with the West line of both said |
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Daniel Lloyd Survey and the Christie 68.3 ac. and the East line of |
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said Johnson Survey, a distance of 180.01 ft. to a point in the |
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center of a concrete & brass monument, at an angle point in said |
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right-of-way; |
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THENCE Northeasterly, continuing with said East right-of-way line |
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of Hwy. 289, but not with said Survey lines, the following calls and |
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distances: |
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1. North 39 deg. 45 min. 23 sec. East, a distance of 104.24 ft. to a |
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point in the center of a concrete & brass monument at an angle |
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point; |
|
2. North 46 deg. 32 min. 40 sec. East, a distance of 656.69 ft. to a |
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point at the beginning of a curve; |
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3. Northeasterly, with a curve to the left having a central angle |
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(delta) of 42 deg. 14 min. 00 sec. and a radius of 1482.21 ft. (chord |
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bears North 25 deg. 25 min. 40 sec. East, 1067.99 ft.), an arc |
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distance of 1092.55 ft. to a point at the end of said curve; |
|
4. North 04 deg. 18 min. 40 sec. East, a distance of 75.10 ft. to a |
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1/2 inch rebar set in the South right-of-way line of the St. Louis, |
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San Francisco & Texas (Frisco) Railroad, at most Northern Northwest |
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corner of the herein described tract; |
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THENCE North 76 deg. 48 min. 15 sec. East, with the South |
|
right-of-way line of said Frisco Railroad, a distance of 324.79 ft. |
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to a point in the East line of said Christie 68.3 ac. and a West line |
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of the Edwin A. Trapp, Jr. Revocable Trust, 278.389 ac. (Tract One, |
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Exhibit "A") in Vol. 2271, Pg. 274, R.P.R.G.C.T., at the Northeast |
|
corner of the herein described tract; |
|
THENCE South 00 deg. 09 min. 43 sec. East, with said West line of the |
|
Trapp 278.389 ac., passing a crosstie corner post at 8 ft., and |
|
continuing now with the general course of a wire fence, passing a |
|
1/2 inch rebar found in fence at 1777.7 ft., passing a corner post |
|
in the North line of Strawn Road and leaving said fence at about |
|
1792 ft., and continuing for a total distance of 1816.60 ft. to a |
|
point in the center of Strawn Road in the South line of said Daniel |
|
Lloyd Survey and the North line of said Hartfield Survey, at the |
|
Southeast corner of said Christie 68.3 ac. and the most Southern |
|
Southwest corner of said Trapp 278.389 ac.; |
|
THENCE South 89 deg. 37 min. 18 sec. West, with the center of Strawn |
|
Road and with said Survey lines, a distance of 1328.26 ft. to the |
|
PLACE OF BEGINNING and containing 29.764 ACRES of land. |
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TRACT 4: |
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SITUATED in the County of Grayson, State of Texas, being a part of |
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the Daniel Lloyd Survey, Abstract No. 706, being a part of the |
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"approximate" 68.3 acre tract of land (Tract One), conveyed by |
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Correction Warranty Deed from C. J. Christie and wife, Mattie P. |
|
Christie, to Christie Farm, Ltd., on February 12, 1993 (effective |
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date: June 17, 1992), recorded in Volume 2255, Page 516, Real |
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Property Records, Grayson County, Texas, and being more |
|
particularly described by metes and bounds as follows, to-wit: |
|
BEGINNING at a point in the East right-of-way line of State Hwy. |
|
289, in the North line of both said Daniel Lloyd Survey and the |
|
Christie 68.3 ac., in the South line of the Mary Miller Survey, |
|
Abstract No. 775 and a South line of the Edwin A. Trapp, Jr. |
|
Revocable Trust, 278.389 ac. (Tract One, Exhibit "A") in Vol. 2271, |
|
Pg. 274, R.P.R.G.C.T., at the Northwest corner of the herein |
|
described tract, said point being 2.1 ft. West of a 1/2 inch rebar |
|
found at the base of a corner post; |
|
THENCE North 89 deg. 36 min. 08 sec. East, with said South line of |
|
the Trapp 278.389 ac. and with said Survey lines, passing said rebar |
|
at 2.1 ft., and continuing now with a wire fence, for a total |
|
distance of 155.34 ft. to a 1/2 inch rebar found at the base of a |
|
corner post, at the Northeast corner of said Christie 68.3 ac. and |
|
an Ell corner of said Trapp 278.389 ac.; |
|
THENCE South 00 deg. 09 min. 43 sec. East, with the general course |
|
of a wire fence maintaining a West line of said Trapp 278.389 ac. |
|
and the East line of said Christie 68.3 ft., a distance of 727.30 |
|
ft. to a point in the North right-of-way line of the St. Louis, San |
|
Francisco & Texas (Frisco) Railroad, at the Southeast corner of the |
|
herein described tract; |
|
THENCE South 76 deg. 48 min. 15 sec. West with the North |
|
right-of-way line of said Frisco Railroad, a distance of 316.39 ft. |
|
to a concrete & brass monument found in said East right-of-way line |
|
of State Hwy. 289, at the Southwest corner of the herein described |
|
tract; |
|
THENCE North 10 deg. 41 min. 06 sec. East, with the East |
|
right-of-way line of State Hwy. 289, a distance of 812.53 ft. to the |
|
PLACE OF BEGINNING and containing 3.995 ACRES of land. |
|
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. This Act takes effect September 1, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4099 was passed by the House on May 9, |
|
2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4099 was passed by the Senate on May |
|
23, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
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APPROVED: _____________________ |
|
Date |
|
|
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_____________________ |
|
Governor |