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A BILL TO BE ENTITLED
|
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AN ACT
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relating to the creation of the Fairfields Municipal Utility |
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District of Kaufman County; providing authority to impose a tax and |
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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 8162 to read as follows: |
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CHAPTER 8162. FAIRFIELDS MUNICIPAL UTILITY DISTRICT OF KAUFMAN |
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COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8162.001. 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 Fairfields Municipal Utility |
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District of Kaufman County. |
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Sec. 8162.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Kaufman 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. 8162.003. FINDING OF PUBLIC USE AND BENEFIT. The |
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district is created to serve a public use and benefit. |
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Sec. 8162.004. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8162.023 before September 1, 2009: |
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(1) the district is dissolved September 1, 2009, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Kaufman County any assets 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, 2012. |
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Sec. 8162.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; or |
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(3) the legality or operation of the board. |
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[Sections 8162.006-8162.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8162.021. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Anthony Francis Apollaro Jr.; |
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(2) John Ryan Brown; |
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(3) Mary Patricia Carson; |
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(4) Paris Milton Rutherford IV; and |
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(5) Marcus Lee Scroggins. |
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(b) If a temporary director fails to qualify for office, the |
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temporary directors who have qualified shall appoint a person to |
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fill the vacancy. If at any time there are fewer than three |
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qualified temporary directors, the Texas Commission on |
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Environmental Quality shall appoint the necessary number of persons |
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to fill all vacancies on the board. |
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(c) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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8162.023; or |
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(2) the date this chapter expires under Section |
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8162.004. |
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Sec. 8162.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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temporary directors shall convene the organizational meeting of the |
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district at a location in the district agreeable to a majority of |
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the directors. If a location cannot be agreed upon, the |
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organizational meeting shall be at the Kaufman County Courthouse. |
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Sec. 8162.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five directors as |
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provided by Section 49.102, Water Code. |
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Sec. 8162.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8162.023 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. 8162.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2012. |
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[Sections 8162.026-8162.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8162.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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[Sections 8162.052-8162.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8162.101. 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. 8162.102. ROAD PROJECTS. (a) The district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads or improvements in aid of those roads. |
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(b) A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulations of |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located. If the district is not |
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located in the corporate limits or extraterritorial jurisdiction of |
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a municipality, a road project must meet all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulations of each county in which the district is located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by resolution. If |
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the district is not located in the corporate limits or |
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extraterritorial jurisdiction of a municipality, the district may |
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not undertake a road project unless each county in which the |
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district is located consents by resolution. |
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Sec. 8162.103. ROAD CONTRACTS. The district may contract |
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for a road project in the manner provided by Subchapter I, Chapter |
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49, Water Code. |
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[Sections 8162.104-8162.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8162.151. OPERATION AND MAINTENANCE TAX. (a) The |
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district may impose a tax for any district operation and |
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maintenance purpose in the manner provided by Section 49.107, Water |
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Code. |
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(b) Section 49.107(f), Water Code, does not apply to |
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reimbursements for projects constructed or acquired under Section |
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8162.102. |
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Sec. 8162.152. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of and interest on bonds issued under |
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Section 8162.201. |
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Sec. 8162.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; |
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(4) a cable operator as defined by 47 U.S.C. Section |
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522; or |
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(5) a person who provides to the public advanced |
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telecommunications services. |
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[Sections 8162.154-8162.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8162.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49 and 54, Water Code, and to finance the |
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construction, maintenance, or operation of projects under Section |
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8162.102. |
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(b) The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, grants, or other district money. |
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(c) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxation to finance projects |
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authorized by Section 8162.102 unless the issuance is approved by a |
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vote of a two-thirds majority of district voters voting at an |
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election called for that purpose. |
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(d) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8162.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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(e) Sections 49.181 and 49.182, Water Code, do not apply to |
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a project undertaken by the district under Section 8162.102 or to |
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bonds issued by the district to finance the project. |
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[Sections 8162.202-8162.250 reserved for expansion] |
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SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 8162.251. DIVISION OF DISTRICT; REQUIREMENTS. (a) At |
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any time before the district issues indebtedness secured by taxes |
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or net revenue, the district may be divided into two or more new |
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districts. |
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(b) A new district created by division of the district must |
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be at least 100 acres. |
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(c) 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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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board may consider a proposal to divide the district |
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on: |
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(1) a petition of a landowner in the district; or |
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(2) a motion by the board. |
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(e) If the board decides to divide the district, the board |
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shall: |
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(1) set the terms of the division, including names for |
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the new districts and a plan for the payment or performance of any |
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outstanding district obligations; and |
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(2) prepare a metes and bounds description for each |
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proposed district. |
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Sec. 8162.252. ELECTION FOR DIVISION OF DISTRICT. (a) |
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After the board has complied with Section 8162.251(e), the board |
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shall hold an election in the district to determine whether the |
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district should be divided as proposed. |
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(b) The board shall give notice of the election not later |
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than the 35th day before the date of the election. The notice must |
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state: |
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(1) the date and location of the election; and |
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(2) the proposition to be voted on. |
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(c) If a majority of the votes cast are in favor of the |
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division: |
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(1) the district is divided; and |
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(2) not later than the 30th day after the date of the |
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election, the district shall provide written notice of the division |
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to: |
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(A) the Texas Commission on Environmental |
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Quality; |
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(B) the attorney general; |
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(C) the commissioners court of each county in |
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which a new district is located; and |
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(D) any municipality having extraterritorial |
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jurisdiction over territory in each new district. |
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(d) If a majority of the votes cast are not in favor of the |
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division, the district may not be divided. |
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Sec. 8162.253. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a) |
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Not later than the 90th day after the date of an election in favor of |
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the division of the district, the board shall: |
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(1) appoint itself as the board of one of the new |
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districts; and |
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(2) appoint five directors for each of the other new |
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districts. |
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(b) Directors appointed under Subsection (a)(1) serve the |
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staggered terms to which they were elected in the original |
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district. Directors appointed under Subsection (a)(2) serve until |
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the election for directors under Subsection (c). |
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(c) On the uniform election date in May of the first |
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even-numbered year after the year in which the directors are |
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appointed, the appointed board shall hold an election to elect five |
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directors in each district for which directors were appointed under |
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Subsection (a)(2). The directors shall draw lots to determine |
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which two shall serve until the next regularly scheduled election |
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of directors and which three shall serve until the second regularly |
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scheduled election of directors. |
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Sec. 8162.254. CONTINUING POWERS AND OBLIGATIONS OF NEW |
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DISTRICTS. (a) Each new district may incur and pay debts and has |
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all powers of the original district created by this chapter. |
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(b) If the district is divided as provided by this |
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subchapter, the current obligations and any bond authorizations of |
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the district are not impaired. Debts shall be paid by revenue or by |
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taxes or assessments imposed on real property in the district as if |
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the district had not been divided or by contributions from each new |
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district as stated in the terms set by the board under Section |
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8162.251(e). |
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(c) Any other district obligation is divided pro rata among |
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the new districts on an acreage basis or on other terms that are |
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satisfactory to the new districts. |
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Sec. 8162.255. CONTRACT AUTHORITY OF NEW DISTRICTS. The |
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new districts may contract with each other for: |
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(1) water and wastewater services; or |
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(2) any other matter the boards of the new districts |
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consider appropriate. |
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SECTION 2. The Fairfields Municipal Utility District of |
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Kaufman County initially includes all the territory contained in |
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the following described area: |
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TRACT 1 |
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BEING a tract of and situated in the Benjamin Kimberling Survey, |
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Abstract No. 265, Joseph Russell Survey, Abstract No. 429, William |
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Clement Survey, Abstract No. 104, Hudson Tabor Survey, Abstract No. |
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542, J. H. Hamilton Survey, Abstract No. 207, A. J. Paschall Survey, |
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Abstract No. 396, E. Helmstetter Survey, Abstract No. 229, W. C. |
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Moody Survey, Abstract No. 322, William McMurry Survey, Abstract |
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No. 348, and the James W. Cude Survey, Abstract No. 90, Kaufman |
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County, Texas, and being a portion of a 834.0416 acre tract of land |
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as described in instrument to H. L. Hunt and recorded in Volume 318, |
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Page 542, a portion of a tract of land as described in instrument to |
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Hunt Oil Company and recorded in Volume 458, Page 2, all of a tract |
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of land as described in instrument to H. L. Hunt as recorded in |
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Volume 1034, Page 877, all of a tract of land as described in |
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instrument to Hunt Oil Company and recorded in Volume 2466, Page |
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210, a portion of a tract of land to H. L. Hunt as described in |
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instrument Volume 322, Page 182, all of a tract of land as described |
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in instrument to H. L. Hunt and recorded in Volume 328, Page 299, |
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all of a tract of land as described in instrument to Hunt Oil |
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Company and recorded in Volume 482, Page 410, all of a tract of land |
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as described in instrument to Hunt Oil Company and recorded in |
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Volume 2484, Page 320, all of a tract of land as described in |
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instrument to Hunt Oil Company and recorded in Volume 2489, Page |
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349, all of a tract of land as described in instrument to Hunt Oil |
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Company and recorded in Volume 2468, Page 127, all of the Deed |
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Records of Kaufman County, Texas, and being more particularly |
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described as follows: |
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BEGINNING at concrete right-of-way monument found at the |
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intersection of the southerly right-of-way line of the Union |
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Pacific Railroad (formerly the Texas & Pacific Railroad) with the |
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westerly right-of-way line of Farm-to-Market Highway No. 429 (F.M. |
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429), a 90 foot wide right-of-way as established by instrument |
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recorded in Volume 355, Page 203 of the Deed Records of Kaufman |
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County, Texas; |
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THENCE, along the westerly right-of-way line of said F.M. 429, |
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South 03 degrees 04 minutes 11 seconds East a distance of 3,527.31 |
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feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at |
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the beginning of a curve to the left having a radius of 565.87 feet; |
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THENCE, continuing along the southwesterly right-of-way line of |
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F.M. 429 and along said curve to the left through a central angle of |
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43 degrees 43 minutes 48 seconds, an arc length of 431.89 feet, |
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being subtended by a chord of South 24 degrees 56 minutes 05 seconds |
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East a distance of 421.48 feet to a 5/8 inch iron rod set with cap |
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stamped "Huitt-Zollars"; |
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THENCE, South 46 degrees 47 minutes 59 seconds East continuing |
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along the Southwesterly right-of-way line of F.M. 429 a distance of |
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2,248.36 feet to a 3/8 inch iron rod found for the most Northerly |
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corner of a 5 acre tract of land as described in General Warranty |
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Deed to Harless Steven Rattan and wife, Reva O. Rattan as recorded |
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in Volume 1881, Page 1, Deed Records of Kaufman County, Texas; |
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THENCE, departing the Southwesterly right-of-way line of said FM |
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429, South 43 degrees 22 minutes 31 seconds West along the |
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Northwesterly line of said Rattan Tract, a distance of 838.79 feet |
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to a 3/8 inch iron rod found for the most Westerly corner of said |
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Rattan Tract; |
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THENCE, South 46 degrees 46 minutes 43 seconds East a distance of |
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259.56 feet to a point for a corner on the southeasterly line of |
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said McCaghren Tract, from which a 3/8 inch iron rod found bears |
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North 87 degrees 13 minutes 08 seconds East, a distance of 0.68 feet |
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and a second 3/8 inch iron rod found bears South 49 degrees 11 |
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minutes 33 seconds West, a distance of 2.24 feet; |
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THENCE, South 43 degrees 21 minutes 30 seconds West a distance of |
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1,275.46 feet to a 5/8 inch iron rod set with cap stamped |
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"Huitt-Zollars" at the North corner of said tract of land to H. L. |
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Hunt, as recorded in Volume 1034, Page 877, said point being the |
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North corner of the said William Clements Survey; |
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THENCE, South 47 degrees 03 minutes 28 seconds East with the |
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Northeast line of the said William Clements Survey and continuing |
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with the Northerly Northeast line of the said Joseph Russell Survey |
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a distance of 5,301.60 feet to a bent 5/8 iron rod found, said rod |
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being in the Northwest line of the H. L. Hunt tract as described in |
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Volume 318, Page 542; |
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THENCE, North 43 degrees 07 minutes 35 seconds East along the |
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Northwest line of the H. L. Hunt tract as described in Volume 318, |
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Page 542 a distance of 3,067.25 feet to a 5/8 inch iron rod set with |
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cap stamped "Huitt-Zollars" in the Southwest right-of-way line of |
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F.M. 429 and being the beginning of a non-tangent curve to the left |
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having a radius of 1,190.92 feet; |
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THENCE, in a Southeasterly direction along the Southwest |
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right-of-way line of F.M. 429 along said curve to the left through a |
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central angle of 04 degree 12 minutes 53 seconds, an arc length of |
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87.61 feet, being subtended by a chord of South 73 degrees 11 |
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minutes 23 seconds East a distance of 87.59 feet to a 5/8 inch iron |
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rod set with cap stamped "Huitt-Zollars" in a North line of said H. |
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L. Hunt tract as described in Volume 318, Page 542; |
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THENCE, South 58 degrees 51 minutes 00 seconds East along the North |
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line of the last mentioned H. L. Hunt tract a distance of 58.41 feet |
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to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the |
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beginning of a curve to the left having a radius of 364.54 feet; |
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THENCE, continuing along the North line of the last mentioned H. L. |
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Hunt tract along said curve to the left through a central angle of |
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56 degrees 25 minutes 53 seconds, an arc length of 359.04 feet, |
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being subtended by a chord of South 87 degrees 03 minutes 57 seconds |
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East a distance of 344.70 feet to a 5/8 inch iron rod set with cap |
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stamped "Huitt-Zollars" in the Southwest right-of-way line of F. M. |
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429; |
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THENCE, continuing along the Southwest right-of-way line of F.M. |
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429 the following courses and distances: |
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South 86 degrees 09 minutes 28 seconds East a distance of 77.03 feet |
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to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the |
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beginning of a curve to the right having a radius of 671.20 feet; |
|
along said curve to the right through a central angle of 40 degrees |
|
09 minutes 57 seconds, an arc length of 470.53 feet, being subtended |
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by a chord of South 66 degrees 04 minutes 29 seconds East a distance |
|
of 460.95 feet to a 5/8 inch iron rod set with cap stamped |
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"Huitt-Zollars"; |
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South 45 degrees 59 minutes 30 seconds East a distance of 2,629.80 |
|
feet to a point for corner, from which a concrete Texas Department |
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of Transportation (TxDOT) monument found bears North 37 degrees 36 |
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minutes 31 seconds East, 0.48 feet, said point being the beginning |
|
of a non-tangent curve to the right having a radius of 2,819.79 |
|
feet; |
|
along said curve to the right through a central angle of 06 degrees |
|
48 minutes 00 seconds, an arc length of 334.66 feet, being subtended |
|
by a chord of South 42 degrees 35 minutes 30 seconds East a distance |
|
of 334.46 feet to a point for corner, from which a concrete Texas |
|
Department of Transportation (TxDOT) monument found bears North 71 |
|
degrees 55 minutes 44 seconds West, 0.48 feet; |
|
South 39 degrees 11 minutes 30 seconds East a distance of 115.12 |
|
feet to a point for corner, from which a concrete Texas Department |
|
of Transportation (TxDOT) monument found bears North 14 degrees 10 |
|
minutes 37 seconds West, 0.26 feet, said point being the beginning |
|
of a curve to the left having a radius of 2,909.79 feet; |
|
along said curve to the left through a central angle of 06 degrees |
|
12 minutes 00 seconds, an arc length of 314.87 feet, being subtended |
|
by a chord of South 42 degrees 17 minutes 30 seconds East a distance |
|
of 314.72 feet to a 5/8 inch iron rod set with cap stamped |
|
"Huitt-Zollars"; |
|
South 45 degrees 23 minutes 30 seconds East a distance of 705.00 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at |
|
the beginning of a curve to the left having a radius of 2,909.83 |
|
feet; |
|
along said curve to the left through a central angle of 05 degrees |
|
27 minutes 28 seconds, an arc length of 277.18 feet, being subtended |
|
by a chord of South 48 degrees 06 minutes 43 seconds East a distance |
|
of 277.07 feet to a 5/8 inch iron rod set with cap stamped |
|
"Huitt-Zollars"; |
|
South 50 degrees 32 minutes 30 seconds East a distance of 154.67 |
|
feet to a point for corner, from which a concrete Texas Department |
|
of Transportation (TxDOT) monument found bears North 66 degrees 02 |
|
minutes 36 seconds West, 0.30 feet at the beginning of a curve to |
|
the right having a radius of 1,387.64 feet; |
|
along said curve to the right through a central angle of 07 minutes |
|
40 minutes 00 seconds, an arc length of 185.68 feet, being subtended |
|
by a chord of South 46 degrees 42 minutes 30 seconds East a distance |
|
of 185.54 feet to a 5/8 inch iron rod set with cap stamped |
|
"Huitt-Zollars" |
|
South 42 degrees 52 minutes 30 seconds East a distance of 316.47 |
|
feet to a point for corner, said point being in Northwest line of a |
|
tract of land described in instrument to Ernest V. Rogers and wife, |
|
Cynthia Sue Rogers and recorded in Volume 952, Page 788 of the Deed |
|
Records of Kaufman County, Texas, from which a 1/2 inch iron rod |
|
found bears South 44 degrees 48 minutes 38 seconds, 0.48 feet; |
|
THENCE, South 44 degrees 48 minutes 38 seconds West along the |
|
Northwest line of the said Rogers and the southeast line of the said |
|
H. L. Hunt tract as described in Volume 458, Page 2, a distance of |
|
2,422.47 feet to a fence corner post; |
|
THENCE, North 45 degrees 19 minutes 53 seconds West a distance of |
|
1,756.49 feet to a fence corner post; |
|
THENCE, South 42 degrees 59 minutes 38 seconds West a distance of |
|
1,465.41 feet to a fence corner post; |
|
THENCE, South 46 degrees 07 minutes 41 seconds East a distance of |
|
1,642.52 feet to a fence corner post; |
|
THENCE, South 43 degrees 02 minutes 42 seconds West a distance of |
|
888.12 feet to a 10" Hackberry Tree found on the north line of |
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Interstate Highway 20; |
|
THENCE, along the north right-of-way line of Interstate Highway 20 |
|
the following courses and distance: |
|
North 74 degrees 59 minutes 38 seconds West a distance of 2,680.90 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 75 degrees 26 minutes 04 seconds West a distance of 1,300.04 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 74 degrees 59 minutes 38 seconds West a distance of 1,600.00 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 66 degrees 27 minutes 38 seconds West a distance of 303.36 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 27 degrees 15 minutes 38 seconds West a distance of 148.64 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 35 degrees 13 minutes 22 seconds East a distance of 249.92 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 44 degrees 22 minutes 22 seconds East a distance of 107.90 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 45 degrees 51 minutes 38 seconds West a distance of 368.81 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars at |
|
the most Westerly Northwest corner of a tract of land as described |
|
in instrument to H. L. Hunt and recorded in Volume 318, Page 542; |
|
THENCE, North 43 degrees 06 minutes 41 seconds East along the |
|
northwest line of said H. L. Hunt tract as recorded in Volume 318, |
|
Page 542 a distance of 24.21 feet to a 5/8 inch iron rod set with cap |
|
stamped "Huitt-Zollars at the south corner of said H. L. Hunt tract |
|
as recorded in Volume 1034, Page 877; |
|
THENCE, North 46 degrees 18 minutes 38 seconds West along the |
|
Southwest line of said H. L. Hunt tract as recorded in Volume 1034, |
|
Page 877 a distance of 5,289.65 feet to a 1/2 iron rod found at the |
|
west corner of the last mentioned H. L. Hunt tract; |
|
THENCE, North 43 degrees 04 minutes 01 seconds East along the |
|
Northwest line of the last mentioned H. L. Hunt tract a distance of |
|
0.56 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars |
|
in the north right-of-way line of Airport Road as established by |
|
instrument to the City of Terrell for road right-of-way dated July |
|
27, 2004; |
|
THENCE, along the North right-of-way line of Airport Road the |
|
following courses and distances: |
|
North 46 degrees 42 minutes 19 seconds West a distance of 136.81 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 46 degrees 21 minutes 25 seconds West a distance of 480.30 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 46 degrees 08 minutes 50 seconds West a distance of 582.25 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 46 degrees 42 minutes 43 seconds West a distance of 195.07 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 48 degrees 12 minutes 12 seconds West a distance of 100.52 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 49 degrees 05 minutes 54 seconds West a distance of 151.43 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
North 45 degrees 04 minutes 36 seconds West a distance of 1,121.91 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars in |
|
the Northwest line of the said Hunt Oil Company tract as recorded in |
|
Volume 2466, Page 210; |
|
THENCE, South 43 degrees 35 minutes 44 seconds West along the |
|
Northwest line of the last mentioned Hunt Oil Company tract a |
|
distance of 91.96 feet to a cut cross found in concrete at the West |
|
corner of the said Hunt Oil Company tract as recorded in Volume |
|
2466, Page 210, said corner also being the south corner of the said |
|
H. L. Hunt tract as recorded in Volume 328, Page 299; |
|
THENCE, North 42 degrees 27 minutes 27 seconds West along the |
|
Southwest line of the said H. L. Hunt tract as recorded in Volume |
|
328, Page 299 a distance of 769.09 feet to a 5/8 inch iron rod set |
|
with cap stamped "Huitt-Zollars; |
|
THENCE, North 46 degrees 19 minutes 18 seconds West continuing |
|
along the Southwest line of the last mention H. L. Hunt tract a |
|
distance of 2,272.73 feet to a cut cross set in concrete at the west |
|
corner of the last mentioned H. L. Hunt tract; |
|
THENCE, North 64 degrees 21 minutes 57 seconds East along a |
|
Northwest line of the last mention H. L. Hunt tract a distance of |
|
1,775.49 feet to a fence corner, same being a large tree; |
|
THENCE, North 30 degrees 23 minutes 40 seconds East along a West |
|
line of the last mention H. L. Hunt tract a distance of 166.50 feet |
|
to a railroad spike set in tree root; |
|
THENCE, North 14 degrees 01 minute 46 seconds West continuing along |
|
a Southwest line of the last mention H. L. Hunt tract a distance of |
|
226.95 feet to a 5/8 inch iron rod set with cap stamped |
|
"Huitt-Zollars in fence line; |
|
THENCE, North 21 degrees 49 minutes 11 seconds West continuing |
|
along a Southwest line of the last mention H. L. Hunt tract and |
|
along a fence line a distance of 294.75 feet to a fence corner post; |
|
THENCE, North 27 degrees 38 minutes 46 seconds West continuing |
|
along a Southwest line of the last mention H. L. Hunt tract and |
|
along a fence line a distance of 785.05 feet to a fence corner post; |
|
THENCE, North 25 degrees 07 minutes 59 seconds West continuing |
|
along a Southwest line of the last mention H. L. Hunt tract and |
|
along a fence a distance of 520.74 feet to a 1/2 iron rod found with |
|
cap stamped "Neagles RPLS 5239"; |
|
THENCE, North 73 degrees 05 minutes 55 seconds West a distance of |
|
742.11 feet to a 5/8 inch iron rod found; |
|
THENCE, South 64 degrees 39 minutes 12 seconds West continuing a |
|
Southeast line of the last mention H. L. Hunt tract a distance of |
|
382.45 feet to a fence corner post; |
|
THENCE, North 46 degrees 40 minutes 18 seconds West continuing |
|
along a Southwest line of the last mention H. L. Hunt tract and |
|
along a fence line and an extension thereof a distance of 287.37 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars in |
|
the centerline of a road at the most northerly west corner of the |
|
last mentioned H. L. Hunt tract, from which a 1/2 inch iron rod |
|
found bears North 63 degrees 28 minutes 24 seconds West, 2.38 feet; |
|
THENCE, North 43 degrees 13 minutes 19 seconds East along a |
|
Northwest line of the last mentioned H.L. Hunt and along the |
|
centerline of a road a distance of 1,259.54 feet to a 5/8 inch iron |
|
rod set with cap stamped "Huitt-Zollars in the centerline of |
|
College Mound Road; |
|
THENCE, South 47 degrees 34 minutes 51 seconds East along a |
|
Northeast line of the last mentioned H.L. Hunt and along the |
|
centerline of College Mound Road a distance of 1,080.86 feet to a |
|
5/8 inch iron rod set with cap stamped "Huitt-Zollars; |
|
THENCE, South 73 degrees 23 minutes 16 seconds East continuing |
|
along a Northerly line of the last mentioned H.L. Hunt and along the |
|
centerline of College Mound Road a distance of 691.14 feet to a |
|
metal bar found in the center of a wooden bridge, same being the |
|
centerline of Kings Creek; |
|
THENCE, North 13 degrees 19 minutes 44 seconds East along the |
|
centerline of Kings Creek a distance of 30.33 feet to the Southeast |
|
corner of the Greenbelt Addition, recorded in Cabinet 1, Sleeve 324 |
|
of the Plat Records of Kaufman County, Texas; |
|
THENCE, with the Northeasterly line of the said Greenbelt Addition |
|
and the centerline of Kings Creek the following courses and |
|
distances: |
|
North 09 degrees 03 minutes 42 seconds East a distance of 47.11 feet |
|
to a point for corner; |
|
North 36 degrees 13 minutes 18 seconds West a distance of 36.15 feet |
|
to a point for corner; |
|
North 74 degrees 58 minutes 16 seconds West a distance of 307.46 |
|
feet to a point for corner; |
|
North 02 degrees 53 minutes 41 seconds West a distance of 38.38 feet |
|
to a point for corner; |
|
North 44 degrees 58 minutes 25 seconds East a distance of 107.34 |
|
feet to a point for corner; |
|
North 02 degrees 08 minutes 44 seconds East a distance of 45.54 feet |
|
to a point for corner; |
|
North 42 degrees 29 minutes 01 second West a distance of 100.80 feet |
|
to a point for corner; |
|
North 34 degrees 15 minutes 02 seconds East a distance of 116.47 |
|
feet to a point for corner; |
|
North 10 degrees 59 minutes 15 seconds East a distance of 55.00 feet |
|
to a point for corner; |
|
North 31 degrees 10 minutes 25 seconds West a distance of 171.33 |
|
feet to a point for corner; |
|
North 25 degrees 01 minutes 25 seconds East a distance of 70.09 feet |
|
to a point for corner; |
|
North 74 degrees 52 minutes 25 seconds East a distance of 120.41 |
|
feet to a point for corner; |
|
North 01 degree 02 minutes 44 seconds East a distance of 52.80 feet |
|
to a point for corner; |
|
North 18 degrees 07 minutes 02 seconds West a distance of 111.02 |
|
feet to a point for corner; |
|
North 40 degrees 43 minutes 56 seconds East a distance of 40.31 feet |
|
to the confluence of Kings Creek and a branch for corner; |
|
THENCE, with the Northeasterly line of the said Greenbelt Addition |
|
and the centerline of Branch the following courses and distances: |
|
North 14 degrees 09 minutes 42 seconds West a distance of 122.13 |
|
feet to a point for corner; |
|
North 73 degrees 19 minutes 07 seconds West a distance of 22.83 feet |
|
to a point for corner; |
|
North 45 degrees 24 minutes 53 seconds West a distance of 127.01 |
|
feet to a point for corner; |
|
North 07 degrees 38 minutes 33 seconds West a distance of 15.00 feet |
|
to a point for corner; |
|
North 49 degrees 28 minutes 56 seconds West a distance of 46.17 feet |
|
to a point for corner; |
|
North 18 degrees 48 minutes 09 seconds West a distance of 59.93 feet |
|
to a point for corner; |
|
North 34 degrees 18 minutes 35 seconds West a distance of 203.21 |
|
feet to a point for corner; |
|
North 74 degrees 55 minutes 58 seconds West a distance of 73.06 feet |
|
to a point for corner; |
|
North 37 degrees 01 minute 03 seconds West a distance of 284.75 feet |
|
to the north corner of said Greenbelt Addition; |
|
THENCE, South 42 degrees 27 minutes 36 seconds West along the |
|
northwest side of the said Greenbelt Addition a distance of 48.18 |
|
feet to a fence corner post, said post being in the southwest line |
|
of the Hunt Oil Company tract as recorded in Volume 482, Page 410; |
|
THENCE, North 46 degrees 55 minutes 28 seconds West along a |
|
southwest line of the last mentioned Hunt Oil Company tract and |
|
along a fence line a distance of 2,111.39 feet to a fence corner |
|
post; |
|
THENCE, North 51 degrees 15 minutes 08 seconds East along a |
|
northwesterly line of the last mentioned Hunt Oil Company tract and |
|
along a fence line passing at 310.00 feet a 5/8 inch iron rod set, in |
|
all a distance of 320.00 feet to an inner ell corner of the Hunt Oil |
|
Company tract as recorded in Volume 482, Page 410; |
|
THENCE, North 63 degrees 38 minutes 20 seconds West along a |
|
southwest line of the last mentioned Hunt Oil Company tract a |
|
distance of 324.26 feet to a 5/8 inch iron rod set with cap stamped |
|
"Huitt-Zollars"; |
|
THENCE, North 61 degrees 09 minutes 01 second West continuing along |
|
a southwest line of the last mentioned Hunt Oil Company tract a |
|
distance of 445.60 feet to a fence corner post in the southerly |
|
right-of-way line of the Union Pacific Railroad spur, said post |
|
being the beginning of a non-tangent curve to the right having a |
|
radius of 795.00 feet; |
|
THENCE, along the southerly right-of-way line of the Texas & |
|
Pacific Railroad spur and along a curve to the right through a |
|
central angle of 20 degrees 21 minutes 36 seconds, an arc length of |
|
282.50 feet, being subtended by a chord of North 77 degrees 21 |
|
minutes 05 seconds East a distance of 281.02 feet to a 5/8 inch iron |
|
rod set with cap stamped "Huitt-Zollars" in the south right-of-way |
|
line of the Union Pacific Railroad, a 100.00 foot wide |
|
right-of-way; |
|
THENCE, South 82 degrees 57 minutes 54 seconds East along the south |
|
right-of-way line of the Union Pacific Railroad a distance of |
|
3,744.63 feet to a 5/8 inch iron rod set with cap stamped |
|
"Huitt-Zollars" at the northwest corner of a tract of land as |
|
described in instrument to Texas Power and Light Company as |
|
recorded in Volume 526, Page 665 of the Deed Records of Kaufman |
|
County, Texas; |
|
THENCE, South 11 degrees 36 minutes 24 seconds West departing the |
|
south right-of-way line of the Union Pacific Railroad and along the |
|
west ling of the said Texas Power and Light Company tract a distance |
|
of 300.79 feet to a 5/8 inch iron rod set with cap stamped |
|
"Huitt-Zollars" at the southwest corner of the said Texas Power and |
|
Light Company Tract; |
|
THENCE, along the southerly line of said Texas Power and Light |
|
Company Tract, South 83 degrees 00 minutes 21 seconds East along the |
|
south line of the said Texas Power and Light Company tract passing |
|
at 110.00 feet a concrete Texas Power & Light Company monument with |
|
a brass cap found at the southeast corner of the last mentioned |
|
Texas Power and Light Company tract, said monument also being the |
|
southwest corner of a tract of land as described in instrument to |
|
Texas Power & Light Company as recorded in Volume 195, Page 158 of |
|
the Deed Records of Kaufman County, Texas, in all a distance of |
|
410.66 feet to a galvanized steel post in concrete stamped "T P& L |
|
Co. prop. corner" at the southeast corner of said Texas Power and |
|
Light Company Tract; |
|
THENCE, along the easterly line of said Texas Power and Light |
|
Company Tract (Vol. 195, Page 158) and continuing along the |
|
aforementioned Texas Power and Light Company Tract (Vol. 206, Page |
|
380) North 11 degrees 27 minutes 59 seconds East a distance of |
|
300.44 feet (Deed North 13 degrees 27 minutes 16 seconds East, |
|
300.00 feet) to a one inch iron rod found in the south right-of-way |
|
line of the Union Pacific Railroad; |
|
THENCE, South 82 degrees 57 minutes 54 seconds East along the south |
|
right-of-way line of the Union Pacific Railroad a distance of |
|
2,270.17 feet to the POINT OF BEGINNING and CONTAINING 2,352.6 |
|
acres of land, more or less. |
|
TRACT 2 |
|
BEING a tract of land situated in the Benjamin Kimberling Survey, |
|
Abstract No. 265, Kaufman County, Texas, and being a portion of a |
|
834.0416 acre tract of land as described in instrument to H. L. Hunt |
|
as recorded in Volume 318, Page 542, subsequently deeded to Hunt Oil |
|
Company in Volume 427, Page 119 of the Deed Records of Kaufman |
|
County, Texas, and being a portion of a 22.634 acre tract of land as |
|
described in instrument to Hunt Oil Company as recorded in Volume |
|
2622, Page 444 of the Deed Records of Kaufman County, Texas, and |
|
being all of a 65.24 acre tract of land as described in instrument |
|
to Hunt Oil Company as recorded in Volume 2723, Page 294 of the Deed |
|
Records of Kaufman County, Texas, and being more particularly |
|
described as follows: |
|
BEGINNING 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at |
|
the intersection of the south right-of-way line of Interstate |
|
Highway 20, a variable width right-of-way, with the east line of the |
|
Kaufman-Van Zandt Baptist Area Church, Inc. tract as described in |
|
instrument recorded in Volume 1470, Page 1 of the Deed Records of |
|
Kaufman County, Texas; |
|
THENCE, along the south right-of-way of Interstate Highway 20 the |
|
following: |
|
South 74 degrees 59 minutes 38 seconds East a distance of 1,388.56 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars"; |
|
South 74 degrees 06 minutes 45 seconds East a distance of 1,300.15 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars", |
|
from which a Texas Department of Transportation concrete highway |
|
monument found bears South 33 degrees 20 minutes 55 seconds East, |
|
1.16 feet; |
|
South 74 degrees 59 minutes 38 seconds East a distance of 2,473.19 |
|
feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" in |
|
a southeast line of the said H. L. Hunt tract, from which a Texas |
|
Department of Transportation concrete highway monument found bears |
|
South 78 degrees 07 minutes 55 seconds East, 1.47 feet; |
|
South 74 degrees 59 minutes 38 seconds East a distance of 326.81 |
|
feet to a five-eighths inch iron rod set with cap stamped |
|
"Huitt-Zollars", from which a TxDOT concrete monument found bears |
|
South 84 degrees 10 minutes 06 seconds East, 1.13 feet; |
|
South 74 degrees 30 minutes 59 seconds East a distance of 600.02 |
|
feet to a point for corner, from which a TxDOT concrete monument |
|
found bears North 47 degrees 49 minutes 51 seconds East, 0.33 feet; |
|
South 74 degrees 59 minutes 38 seconds East a distance of 600.00 |
|
feet to a point for corner, from which a TxDOT concrete monument |
|
found bears South 75 degrees 52 minutes 04 seconds East, 0.48 feet; |
|
South 73 degrees 33 minutes 42 seconds East a distance of 400.12 |
|
feet to a point for corner, from which a TxDOT concrete monument |
|
found bears North 13 degrees 14 minutes 53 seconds East, 0.48 feet; |
|
South 74 degrees 59 minutes 38 seconds East a distance of 78.53 feet |
|
to a five-eighths inch iron rod found with cap stamped |
|
"Huitt-Zollars" in the southeasterly line of said Hunt Oil Company |
|
tract (Vol. 2723, Pg. 294); |
|
THENCE, South 46 degrees 58 minutes 57 seconds West along the |
|
southeast line of the last mentioned Hunt Oil Company tract a |
|
distance of 2,162.15 feet to a fence corner post at the south corner |
|
of the said last mentioned Hunt Oil Company tract; |
|
THENCE, North 46 degrees 30 minutes 03 seconds West along the |
|
southwest line of the last mentioned Hunt Oil Company tract a |
|
distance of 1,628.60 feet to a fence corner post at the west corner |
|
of the last mentioned Hunt Oil Company tract, said corner also being |
|
a south corner of the said Hunt Oil Company Tract (Vol. 427, Pg. |
|
119) and the west corner of said Hunt Oil Company tract (Vol. 2723, |
|
Pg. 294); |
|
THENCE, North 46 degrees 52 minutes 48 seconds West along a |
|
southwest line of the said Hunt Oil Company tract (Vol. 427, Pg. |
|
119) and along a fence line a distance of 744.85 feet to the |
|
southeast line of the said Hunt Oil Company tract (Vol. 2622, Pg. |
|
444); |
|
THENCE, South 44 degrees 33 minutes 51 seconds West along a |
|
southeast of the last mentioned Hunt Oil Company tract a distance of |
|
1,374.94 feet to a 5/8 inch iron rod set with cap stamped |
|
"Huitt-Zollars"; |
|
THENCE, North 46 degrees 22 minutes 46 seconds West a distance of |
|
200.00 feet to a five-eighths inch iron rod found with cap stamped |
|
"Huitt-Zollars"; |
|
THENCE, South 44 degrees 33 minutes 51 seconds West a distance of |
|
217.83 feet to a five-eighths inch iron rod found with cap stamped |
|
"Huitt-Zollars" on the south line of the last mentioned Hunt Oil |
|
Company tract; |
|
THENCE, North 46 degrees 22 minutes 46 seconds West a distance of |
|
419.46 feet to the west corner of the last mentioned Hunt Oil |
|
Company tract, and being on the southeast line of the said Hunt Oil |
|
Company (Vol. 427, Pg. 119), from which a five-eighths inch iron rod |
|
found with cap stamped "Huitt-Zollars", bears North 44 degrees 37 |
|
minutes 00 seconds East a distance of 20.77 feet; |
|
THENCE, South 44 degrees 37 minutes 00 seconds West a distance of |
|
5.65 feet to the southern most corner of the last mentioned Hunt Oil |
|
Company tract, and being in the centerline of County Road 136; |
|
THENCE, North 45 degrees 58 minutes 05 seconds West along a |
|
southwest line of the last mentioned Hunt Oil Company tract and |
|
generally along the centerline of said County Road 136, a distance |
|
of 3,081.35eet to a PK nail found at the most southerly corner of |
|
said Kaufman-Van Zandt Baptist Area Church, Inc. tract; |
|
THENCE, North 43 degrees 49 minutes 13 seconds East along the east |
|
line of said Kaufman-Van Zandt Baptist Area Church, Inc. tract a |
|
distance of 195.34 feet to a 5/8 inch iron rod set with cap stamped |
|
"Huitt-Zollars"; |
|
THENCE, North 14 degrees 34 minutes 18 seconds East continuing |
|
along the east line of said Kaufman-Van Zandt Baptist Area Church, |
|
Inc. tract a distance of 168.66 feet to a the POINT OF BEGINNING and |
|
CONTAINING 201.3 acres of land, more or less. |
|
TRACT 3 |
|
BEING a tract of land situated in the Benjamin Kimberling Survey, |
|
Abstract No. 265 and the Joseph Russell Survey, Abstract No. 429, |
|
Kaufman County, Texas, and being a portion of a tract of 110.5 acre |
|
tract of land as described in instrument to H. L. Hunt as recorded |
|
in Volume 322, Page 129 of the Deed Records of Kaufman County, |
|
Texas, and being more particularly described as follows: |
|
BEGINNING 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at |
|
the west corner of said Hunt tract, said point being at the |
|
intersection of the projected centerline of F.M. 429 (formerly |
|
known as College Mound Road) with the centerline of Kaufman County |
|
Road No. 309; |
|
THENCE, North 43 degrees 58 minutes 52 seconds East along the |
|
northwest line of said Hunt tract a distance of 2,252.13 feet to a |
|
fence corner post; |
|
THENCE, South 46 degrees 32 minutes 42 seconds East along the |
|
northeast line of said Hunt tract and along a fence line a distance |
|
of 2,129.12 feet to a 5/8 inch iron rod set with cap stamped |
|
"Huitt-Zollars" at the east corner of said Hunt tract; |
|
THENCE, South 44 degrees 17 minutes 57 seconds West along the |
|
southeast line of said Hunt tract and along a fence line a distance |
|
of 2,227.72 feet to a 5/8 inch iron rod set with cap stamped |
|
"Huitt-Zollars" in the northerly right-of-way line of F.M. 429, a |
|
90.0 foot wide right-of-way, as established deed recorded in Volume |
|
355, Page 221 of the Deed Records of Kaufman County, Texas; |
|
THENCE, North 45 degrees 59 minutes 30 seconds West along the |
|
northerly right-of-way line of F.M. 429 a distance of 1,623.46 feet |
|
to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the |
|
beginning of a curve to the left having a radius of 761.20 feet; |
|
THENCE, continuing along the northerly right-of-way line of F.M. |
|
429 and along said curve to the left through a central angle of 19 |
|
degrees 47 minutes 59 seconds, arc length of 263.05 feet, being |
|
subtended by a chord of North 55 degrees 53 minutes 30 seconds West |
|
a distance of 261.74 feet to a 5/8 inch iron rod set with cap stamped |
|
"Huitt-Zollars" in the southwest line of the said Hunt tract; |
|
THENCE, North 45 degrees 59 minutes 30 seconds West along the |
|
southwest line of the said Hunt tract a distance of 235.34 feet a |
|
the POINT OF BEGINNING and CONTAINING 108.39 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. 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, 2007. |