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AN ACT
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relating to the creation of the Rolling V Ranch Water Control and |
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Improvement District No. 1 of Wise County; providing authority to |
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impose a 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 I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9021 to read as follows: |
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CHAPTER 9021. ROLLING V RANCH WATER CONTROL AND IMPROVEMENT |
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DISTRICT NO. 1 OF WISE COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9021.001. 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 Rolling V Ranch Water Control |
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and Improvement District No. 1 of Wise County. |
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Sec. 9021.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district in Wise County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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and Section 52, Article III, Texas Constitution. |
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Sec. 9021.003. 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 9021.024 before November 4, 2009: |
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(1) the district is dissolved November 4, 2009, except |
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that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Wise 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. 9021.004. 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 9021.005-9021.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 9021.021. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Brian Hull; |
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(2) Ronnie Hess; |
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(3) Steve Pike; |
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(4) Robert Stennett; and |
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(5) Craig Wade. |
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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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9021.024; or |
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(2) the date this chapter expires under Section |
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9021.003. |
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Sec. 9021.022. 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. If a location cannot be |
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agreed upon, the directors shall meet at the Wise County |
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Courthouse. At the meeting, the temporary directors shall elect |
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officers from among the temporary directors and conduct any other |
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district business. |
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Sec. 9021.023. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 9021.024 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has: |
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(1) adopted a resolution consenting to the creation of |
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the district; and |
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(2) entered into a development agreement with all |
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owners of real property in the district. |
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Sec. 9021.024. 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. 9021.025. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 9021.024 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. 9021.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires November 4, 2012. |
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[Sections 9021.027-9021.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9021.051. 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 9021.052-9021.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9021.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, including Chapters 49 and 51, |
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Water Code, applicable to water control and improvement districts |
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created under Section 59, Article XVI, Texas Constitution. |
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Sec. 9021.102. ROAD PROJECTS. To the extent authorized by |
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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 improvements in aid of those roads. |
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Sec. 9021.103. AUTHORITY TO CONTRACT WITH OWNERS OF REAL |
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PROPERTY IN DISTRICT. The board may contract with an owner of real |
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property in the district to construct, acquire, finance, own, |
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maintain, or operate a work, project, service, or commodity |
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necessary for a project authorized by Section 9021.101 or 9021.102. |
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Sec. 9021.104. 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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outside the area described by Section 2 of the Act creating this |
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chapter. |
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Sec. 9021.105. DISSOLUTION OF DISTRICT. (a) Before |
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December 31, 2017, the district may not be dissolved unless the |
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dissolution is approved by: |
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(1) the board; and |
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(2) the governing body of each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located. |
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(b) This section expires December 31, 2017. |
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[Sections 9021.106-9021.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9021.151. 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 9021.201. |
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[Sections 9021.152-9021.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 9021.201. 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 51, Water Code, to finance the |
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construction, maintenance, or operation of a project under Section |
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9021.101 or 9021.102. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 9021.102 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 called 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 9021.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Rolling V Ranch Water Control and |
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Improvement District No. 1 of Wise County initially includes all |
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the territory contained in the following area: |
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BEING a tract of land situated in the A.G. Harris Survey, Abstract |
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Number 379, the A. Moss Survey, Abstract Number 558, the Cain T. |
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Brush Survey, Abstract Number 93, the Cain T. Brush Survey, |
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Abstract Number 29, the J. Proctor Survey, Abstract Number 1143, |
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the J.J. Hudson Survey, Abstract Number 1080, the R.H. Steele |
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Survey, Abstract Number 1147, the J. Junes Survey, Abstract Number |
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473, the J.B. Fansworth Survey, Abstract Number 1417, the J.B. |
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Fansworth Survey, Abstract Number 991, the J. Moffatt Survey, |
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Abstract 554, the Smith County School Land Survey, Abstract Number |
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743, the B.H. Oats Survey, Abstract Number 667, the M.E.P. & P. |
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Railroad Company Survey, Abstract 1332 and the A. Black Survey, |
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Abstract Number 72, Wise County, Texas, and being all of those |
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certain tracts of land described by deeds to Chisholm 2000, LP |
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recorded as Second Tract in Volume 958, Page 428, Chisholm 2000, LP |
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recorded in Volume 962, Page 235 and Johnny Vinson recorded in |
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Volume 406, Page 10, Deed Records, Wise County, Texas, and a portion |
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of those certain tracts of land described by deeds to Johnny Vinson |
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recorded in Volume 321, Page 450, Chisholm 2000, LP recorded as |
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First Tract and Tract Three in Volume 958, Page 428, Johnny and |
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Eloise Vinson recorded as Tract I and Tract II in Volume 699, Page |
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877, and Chisholm 2000, LP recorded in Volume 958, Page 437, Deed |
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Records, Wise County, Texas, and being more particularly described |
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by metes and bounds as follows: |
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BEGINNING at the southeast corner of said Second Tract, said point |
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also being in the west right-of-way line of State Highway 287 and |
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being in Ramhorn Hill Road; |
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THENCE S 89°50'10"W, along said Ramhorn Hill Road, at 2026.64 feet |
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the southwest corner of said Second Tract, said point being an ell |
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corner in the east line of said First Tract, at 3883.66 feet an ell |
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corner in said east line, said point also being the northwest corner |
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of that certain tract of land described by deed to Sam & Juanita |
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Frankenfield recorded in Volume 552, Page 831, Deed Records, Wise |
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County, Texas, in all 3951.13 feet to a point in the approximate |
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Extra-Territorial Jurisdiction (ETJ) line of the City of Rhome, |
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said point being the beginning of a non-tangent curve to the left; |
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THENCE along said ETJ line and with said non-tangent curve to the |
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right, an arc distance of 3400.16 feet, through a central angle of |
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72°25'19", having a radius of 2690.00 feet, the long chord of which |
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bears S 31°34'08"W, 3178.29 feet; |
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THENCE S 67°46'48"W, 2447.07 feet, continuing along said ETJ line to |
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the beginning of a curve to the left; |
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THENCE continuing along said ETJ line and with said curve to the |
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left, an arc distance of 213.07 feet, through a central angle of |
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122°04'56", having a radius of 100.00 feet, the long chord of which |
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bears S 06°44'20"W, 174.99 feet; |
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THENCE S 54°18'08"E, 1723.11 feet, continuing along said ETJ line to |
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a point in the south line of said First Tract, said point also being |
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in the north line of that certain tract of land described by deed to |
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Walsh Ranch recorded in Volume 695, Page 747, Deed Records, Wise |
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County, Texas; |
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THENCE N 89°23'34"W, 384.46 feet along the common line of said First |
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Tract and said Walsh Ranch; |
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THENCE S 00°44'25"E, 125.37 feet, continuing along the common line |
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of said First Tract and said Walsh Ranch; |
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THENCE N 89°07'22"W, 3361.41 feet, continuing along the common line |
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of said First Tract and said Walsh Ranch; |
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THENCE N 00°00'16"W, 254.57 feet, continuing along the common line |
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of said First Tract and said Walsh Ranch; |
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THENCE S 89°25'46"W, 890.90 feet, continuing along the common line |
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of said First Tract and said Walsh Ranch to the southwest corner of |
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said First Tract, said point also being the southeast corner of that |
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certain tract of land described by deed to the Secretary of Housing |
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and Urban Development (HUD) recorded in Volume 1728, Page 250, Deed |
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Records, Wise County, Texas; |
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THENCE N 00°25'28"E, 204.69 feet along the common line of said First |
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Tract and said HUD tract to the northeast corner of said HUD tract, |
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said point also being the easternmost southeast corner of the |
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aforementioned Chisholm 2000 tract; |
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THENCE N 66°17'53"W, along the common line of said Chisholm 2000 |
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tract and said HUD tract at 112.39 feet the northwest corner of said |
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HUD tract, said point also being the northeast corner of that |
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certain tract of land described by deed to Rick & Margaret Taylor |
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recorded in Volume 1602, Page 802, Deed Records, Wise County, |
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Texas, in all 193.06 feet to the northwest corner of said Taylor |
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tract; |
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THENCE S 34°18'26"W, 280.03 feet along the common line of said |
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Chisholm 2000 tract and said Taylor tract to the southernmost |
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southeast corner of said Chisholm 2000 tract, said point also being |
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the southwest corner of said Taylor tract, and being in the north |
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right-of-way line of State Highway 718; |
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THENCE N 53°25'58"W, 283.08 feet along the south line of said |
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Chisholm 2000 tract and the north right-of-way line of said State |
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Highway 718 to the southwest corner of said Chisholm 2000 tract, |
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said point also being the southeast corner of that certain tract of |
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land described by deed to James and Doris Martin recorded as Tract |
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Two in Volume 634, Page 4, Deed Records, Wise County, Texas; |
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THENCE N 30°44'05"E, 131.00 feet along the common line of said |
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Chisholm 2000 tract and said Tract Two; |
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THENCE N 00°54'21"E, 52.00 feet, continuing along the common line of |
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said Chisholm 2000 tract and said Tract Two to the northernmost |
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corner of said Tract Two; |
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THENCE N 22°22'46"E, with the west line of said Chisholm 2000 tract, |
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at 30.34 feet the southeast corner of that certain tract of land |
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described by deed to James and Doris Martin recorded as Tract Three |
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in Volume 634, Page 4, Deed Records, Wise County, Texas, in all |
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229.87 feet to the northwest corner of said Chisholm 2000 tract, |
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said point also being the northeast corner of said Martin tract; |
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THENCE S 88°46'25"E, 409.60 feet along the north line of said |
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Chisholm 2000 tract, to a point in the west line of the |
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aforementioned First Tract, said point also being the northeast |
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corner of said Chisholm 2000 tract; |
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THENCE N 00°25'23"E, 1141.47 feet along the west line of said First |
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Tract to the northeast corner of that certain tract of land |
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described by deed to Charlie & Brenda Pryor recorded in Volume 464, |
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Page 624, Deed Records, Wise County, Texas, said point also being |
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the southeast corner of Velma Lipsey Addition, an addition to the |
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City of Newark recorded in Cabinet A, Page 155, Plat Records, Wise |
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County, Texas; |
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THENCE N 01°04'45"E, 861.67 feet, along the common line of said |
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First Tract and said Velma Lipsey Addition to the northeast corner |
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of said Velma Lipsey Addition; |
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THENCE S 55°59'07"W, 1144.41 feet, continuing along the common line |
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of said First Tract and said Velma Lipsey Addition; |
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THENCE N 90°00'00"W, 150.76 feet, continuing along a south line of |
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said First Tract; |
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THENCE S 00°00'00"W, 211.04 feet, continuing along a south line of |
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said First Tract; |
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THENCE N 89°44'54"W, 1269.83 feet, continuing along a south line of |
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said First Tract; |
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THENCE N 51°06'36"W, 234.69 feet, continuing along a south line of |
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said First Tract to a point in the east right-of-way line of FM |
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Highway 3433; |
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THENCE N 00°56'49"E, 1106.61 feet along the west line of said First |
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Tract and the east right-of-way line of said FM Highway 3433; |
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THENCE N 55°21'41"E, 30.00 feet, continuing along the west line of |
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said First Tract and the east right-of-way line of said FM Highway |
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3433; |
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THENCE N 06°23'23"E, 208.46 feet, continuing along the west line of |
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said First Tract and the east right-of-way line of said FM Highway |
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3433; |
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THENCE N 23°46'22"E, 125.50 feet, continuing along the west line of |
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said First Tract and the east right-of-way line of said FM Highway |
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3433 to a point in the south line of that certain tract of land |
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described by deed to Robert Alan Harvey recorded in Volume 978, Page |
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728, Deed Records, Wise County, Texas; |
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THENCE S 58°13'55"E, 72.20 feet along the common line of said First |
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Tract and said Harvey tract; |
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THENCE S 82°33'45"E, 211.36 feet, continuing along the common line |
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of said First Tract and said Harvey tract; |
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THENCE N 54°56'15"E, 166.60 feet, continuing along the common line |
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of said First Tract and said Harvey tract; |
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THENCE N 08°11'19"E, 677.80 feet, continuing along the common line |
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of said First Tract and said Harvey tract; |
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THENCE N 45°59'17"E, 202.59 feet, continuing along the common line |
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of said First Tract and said Harvey tract; |
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THENCE N 24°00'25"E, 154.39 feet, continuing along the common line |
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of said First Tract and said Harvey tract; |
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THENCE N 00°59'26"W, 275.20 feet, continuing along the common line |
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of said First Tract and said Harvey tract; |
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THENCE N 00°34'26"W, 496.00 feet, continuing along the common line |
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of said First Tract and said Harvey tract; |
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THENCE N 74°24'14"E, 339.77 feet, continuing along the common line |
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of said First Tract and said Harvey tract; |
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THENCE N 32°42'56"E, 555.59 feet, continuing along the common line |
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of said First Tract and said Harvey tract; |
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THENCE N 37°50'53"E, 303.27 feet, continuing along the common line |
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of said First Tract and said Harvey tract; |
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THENCE N 89°46'22"E, along the common line of said First Tract and |
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said Harvey tract, at 6180.22 feet the southeast corner of said |
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Harvey tract, said point also being the easternmost southwest |
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corner of that certain tract of land described by deed to the Nell |
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Huddleston Family Trust recorded in Volume 463, Page 525, Deed |
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Records, Wise County, Texas, in all 7206.47 feet to an ell corner in |
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the north line of said First tract, said point also being the |
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southeast corner of said Huddleston tract; |
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THENCE N 00°23'46"E, 1888.92 feet along the common line of said |
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First Tract and said Huddleston tract to the northernmost northwest |
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corner of said First Tract, said point also being the northeast |
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corner of said Huddleston tract and the southeast corner of said |
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Vinson tract recorded in Volume 321, Page 450; |
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THENCE N 89°28'32"W, along the common line of said Vinson tract and |
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said Huddleston tract at 3586.06 feet the southeast corner of said |
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Tract Three, in all 8920.73 feet to the southwest corner of said |
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Chisholm 2000 tract, said point also being the northwest corner of |
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said Huddleston tract, and being in the east right-of-way line of |
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said FM Highway 3433, and being the beginning of a non-tangent curve |
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to the right; |
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THENCE along said east right-of-way line of FM Highway 3433 and with |
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said non-tangent curve to the right, an arc distance of 2285.59 |
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feet, through a central angle of 23°03'26", having a radius of |
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5679.58 feet, the long chord of which bears N 18°37'33"E, 2270.20 |
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feet; |
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THENCE N 30°01'47"E, 463.94 feet, continuing along said east |
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right-of-way line of FM Highway 3433 to the westernmost corner of |
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Chisholm Creek Subdivision, Phase I recorded in Cabinet B, Slide |
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515, Plat Records, Wise County, Texas and being at the intersection |
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of the east right-of-way Line of FM Highway 3433 and the south |
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right-of-way line of Chisholm Creek Parkway; |
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THENCE S 59°59'24"E, 312.20 feet along the south right-of-way line |
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of said Chisholm Creek Parkway to the beginning of a curve to the |
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left; |
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THENCE continuing along the south right-of-way line of said |
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Chisholm Creek Parkway and with said curve to the left, an arc |
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distance of 63.51 feet, through a central angle of 18°11'39", having |
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a radius of 200.00 feet, the long chord of which bears S 69°05'14"E, |
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63.24 feet to the beginning of a reverse curve to the right; |
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THENCE continuing along the south right-of-way line of said |
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Chisholm Creek Parkway and with said reverse curve to the right, an |
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arc distance of 42.91 feet, through a central angle of 12°17'34", |
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having a radius of 200.00 feet, the long chord of which bears S |
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72°02'16"E, 42.83 feet to the northwest corner of Lot 1, Block A of |
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said Chisholm Creek Subdivision, Phase I; |
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THENCE S 11°55'43"W, 240.64 feet along the west line of said Block A; |
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THENCE S 12°03'51"E, 364.17 feet continuing along the west line of |
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said Block A; |
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THENCE S 51°42'32"E, 287.33 feet continuing along the west line of |
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said Block A; |
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THENCE S 46°03'37"E, 301.10 feet continuing along the west line of |
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said Block A; |
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THENCE S 25°23'20"E, 70.82 feet continuing along the west line of |
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said Block A; |
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THENCE S 19°47'33"E, 268.63 feet continuing along the west line of |
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said Block A to the southwest corner of Lot 22, Block A; |
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THENCE along the south and east lines of said Chisholm Creek |
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Subdivision, Phase I the following calls: |
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N 81°21'12"E, 169.68 feet; |
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S 24°42'01"E, 37.87 feet; |
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N 65°17'59"E, 60.00 feet; |
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S 89°30'35"E, 182.88 feet; |
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N 13°37'59"W, 232.70 feet; |
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N 30°05'26"E, 446.01 feet; |
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N 59°59'24"W, 50.00 feet; |
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N 30°31'43"E, 60.00 feet to the northeast corner of said Chisholm |
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Creek Subdivision, Phase I, said point also being the southeast |
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corner of Chisholm Creek Subdivision, Phase II, an addition to the |
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City of Rhome recorded in Cabinet B, Slide 516, Plat Records, Wise |
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County, Texas; |
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THENCE N 30°17'27"E, 1053.45 feet along the east line of said |
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Chisholm Creek Subdivision, Phase II to its northeast corner; |
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THENCE N 58°44'55"W, 712.46 feet along the north line of said |
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Chisholm Creek Subdivision, Phase II to its northwest corner, said |
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point being in the east line of Chisholm Trail Campus, an addition |
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to the City of Rhome recorded in Cabinet B, Slide 542, Plat Records, |
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Wise County, Texas; |
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THENCE N 30°04'35"E, 302.33 feet along said east line of Chisholm |
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Trail Campus; |
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THENCE N 01°00'26"W, 620.79 feet, continuing along said east line to |
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the northeast corner of said Chisholm Trail Campus, said point |
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being in the south line of the aforementioned Tract II; |
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THENCE S 89°54'36"W, along the common line of said Tract II and said |
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Chisholm Trail Campus, at 801.13 feet the southwest corner of said |
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Tract II, said point also being the northwest corner of said |
|
Chisholm Trail Campus and being in the east right-of-way line of FM |
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Highway 3433, at 901.93 feet the southeast corner of the |
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aforementioned Tract I, said point also being the northeast corner |
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of that certain tract of land described by deed to the Estates at |
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Chisholm Ridge 1996-I, LP recorded in Volume 648, Page 109, Deed |
|
Records, Wise County, Texas, and being in the west right-of-way |
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line of said FM Highway 3433, in all 3017.78 feet to an ell corner in |
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the south line of said Tract I, said point also being the northwest |
|
corner of said Estates tract, and being in the east line of an |
|
unrecorded subdivision; |
|
THENCE N 00°00'20"W, 35.29 feet along the common line of said Tract I |
|
and said unrecorded subdivision; |
|
THENCE S 89°59'40"W, 392.13 feet, continuing along the common line |
|
of said Tract I and said unrecorded subdivision to the City of Rhome |
|
ETJ line, said point also being the beginning of a non-tangent curve |
|
to the left; |
|
THENCE departing said common line of Tract I and the unrecorded |
|
subdivision, along said ETJ line and with said non-tangent curve to |
|
the left, an arc distance of 1268.57 feet, through a central angle |
|
of 27°01'12", having a radius of 2690.00 feet, the long chord of |
|
which bears N 30°42'55"E, 1256.84 feet to the beginning of a |
|
non-tangent curve to the right; |
|
THENCE continuing along said ETJ line and with said non-tangent |
|
curve to the right, an arc distance of 2812.18 feet, through a |
|
central angle of 59°53'53", having a radius of 2690.00 feet, the |
|
long chord of which bears N 49°35'59"W, 2685.86 feet to a point in |
|
the south line of that certain tract of land described by deed to |
|
Daniel and Bernadette McEntire recorded as Tract One in Volume |
|
1618, Page 894, Deed Records, Wise County, Texas; |
|
THENCE N 88°52'06"E, 552.71 feet along the common line of said Tract |
|
I and said Tract One; |
|
THENCE N 05°22'25"E, 886.51 feet, continuing along the common line |
|
of said Tract I and said Tract One to the northeast corner of said |
|
McEntire tract, said point also being in the south line of that |
|
certain tract of land described by deed to Maxine Thorell Griffin |
|
recorded in Volume 469, Page 723, Deed Records, Wise County, Texas; |
|
THENCE N 89°59'40"E, at 91.93 feet the southeast corner of said |
|
Griffin tract, said point also being the southwest corner of that |
|
certain tract of land described by deed to Geneva Thorell Burch |
|
recorded in Volume 469, Page 719, Deed Records, Wise County, Texas, |
|
at 284.52 the southeast corner of said Burch tract, said point also |
|
being the southwest corner of that certain tract of land described |
|
by deed to Carl Thorell recorded in Volume 469, Page 715, Deed |
|
Records, Wise County, Texas, at 475.83 the southeast corner of said |
|
Thorell tract, said point also being the southwest corner of that |
|
certain tract of land described by deed to Jerry and Alice Lee |
|
recorded in Volume 777, Page 529, Deed Records, Wise County, Texas, |
|
in all 1215.86 feet to a point in County Road 4651; |
|
THENCE N 22°28'33"E, 90.81 feet along said County Road; |
|
THENCE N 01°03'38"W, 392.11 feet along said County Road; |
|
THENCE N 89°35'40"E, 651.22 feet, departing said County Road to a |
|
point in the west line of Ellis Homestead, Phase I, an addition to |
|
the City of Rhome recorded in Cabinet B, Slide 483 & 484, Plat |
|
Records, Wise County, Texas; |
|
THENCE S 00°23'23"E, 469.62 feet along the common line of said Tract |
|
I and said Ellis Homestead; |
|
THENCE N 89°36'02"E, 2324.68 feet, continuing along the common line |
|
of said Tract I and said Ellis Homestead; |
|
THENCE N 00°15'59"W, 32.47 feet, continuing along the common line of |
|
said Tract I and said Ellis Homestead; |
|
THENCE N 29°31'35"E, continuing along the common line of said Tract |
|
I and said Ellis Homestead at 1067.75 the northeast corner of said |
|
Ellis Homestead, in all 1940.14 feet to a point in the south |
|
right-of-way line of State Highway 287; |
|
THENCE S 62°07'13"E, 388.05 feet along said south right-of-way line |
|
of State Highway 287 to the northwest corner of that certain tract |
|
of land described by deed to Continental State Bank recorded as |
|
Parcel L in Volume 737, Page 894, Deed Records, Wise County, Texas; |
|
THENCE S 14°12'57"W, 408.46 feet, departing said south right-of-way |
|
line of State Highway 287, and along the common line of said Tract I |
|
and said Bank tract; |
|
THENCE S 75°52'31"E, 336.85 feet, continuing along the common line |
|
of said Tract I and said Bank tract to a point in the west |
|
right-of-way line of FM Highway 3433; |
|
THENCE S 30°02'40"E, 113.22 feet to the southwest corner of that |
|
certain tract of land described by deed to Eagle-C Stores, Inc. |
|
recorded in Volume 965, Page 470, Deed Records, Wise County, Texas, |
|
said point also being in the east right-of-way line of FM Highway |
|
3433; |
|
THENCE S 67°02'33"E, 220.38 feet along the south line of said |
|
Eagle-C tract to its southeast corner; |
|
THENCE N 14°01'53"E, 399.40 feet along the east line of said Eagle-C |
|
tract to a point in the south right-of-way line of said State |
|
Highway 287; |
|
THENCE S 67°00'28"E, 223.61 feet along said south right-of-way line |
|
of State Highway 287; |
|
THENCE S 50°13'52"E, 104.06 feet along said south right-of-way line |
|
of State Highway 287; |
|
THENCE S 66°52'41"E, 410.47 feet along said south right-of-way line |
|
of State Highway 287; |
|
THENCE S 70°14'39"E, 192.10 feet along said south right-of-way line |
|
of State Highway 287; |
|
THENCE S 70°31'24"E, 181.79 feet along said south right-of-way line |
|
of State Highway 287 to the northeast corner of the aforementioned |
|
Tract II; |
|
THENCE S 00°18'45"E, along the east line of said Tract II, at 687.20 |
|
feet the southeast corner of the aforementioned Chisholm 2000, LP |
|
tract recorded in Volume 958, Page 437, in all 2201.45 feet to the |
|
northwest corner of that certain tract of land described by deed to |
|
Arizona Lemonade Springs, LLLP recorded in Volume 1729, Page 391, |
|
Deed Records, Wise County, Texas; |
|
THENCE S 34°57'01"W, 306.15 feet along the common line of said Tract |
|
II and said Arizona tract; |
|
THENCE S 00°13'35"E, continuing along the common line of said Tract |
|
II and said Arizona tract at 2140.79 the southeast corner of said |
|
Tract II in all 2334.30 feet to the southwest corner of said Arizona |
|
tract, said point also being an ell corner in the north line of the |
|
aforementioned Vinson tract recorded in Volume 321, Page 450; |
|
THENCE S 89°11'19"E, 3621.78 feet along the common line of said |
|
Arizona tract and said Vinson tract to the northeast corner of said |
|
Vinson tract, said point also being the southeast corner of said |
|
Arizona tract and the southernmost corner of that certain tract of |
|
land described by deed to David Lance Smith recorded in Volume 221, |
|
page 572, Deed Records, Wise County, Texas and the northwest corner |
|
of that certain tract of land described by deed to Jack Hays |
|
recorded in Volume 421, Page 65, Deed Records, Wise County, Texas; |
|
THENCE S 00°26'03"W, 519.86 feet along the common line of said |
|
Vinson tract and said Hays tract to the southernmost corner of said |
|
Hays tract; |
|
THENCE N 40°38'38"E, 2136.47 feet along the south line of said Hays |
|
tract to the west right-of-way line of State Highway 287; |
|
THENCE S 32°27'57"E, 3501.53 feet along said west right-of-way line |
|
of State Highway 287 to the northernmost corner of the |
|
aforementioned Vinson tract recorded in Volume 406, Page 10; |
|
THENCE S 33°03'00"E, 681.20 feet, continuing along said west |
|
right-of-way line of State Highway 287 and the east line of said |
|
Vinson tract to the beginning of a curve to the right; |
|
THENCE continuing along said west right-of-way line of State |
|
Highway 287 and said east line of the Vinson tract, and with said |
|
curve to the right, an arc distance of 893.89 feet, through a |
|
central angle of 09°13'14", having a radius of 5554.58 feet, the |
|
long chord of which bears S 28°26'23"E, 892.93 feet; |
|
THENCE S 18°25'56"E, 650.28 feet, continuing along said west |
|
right-of-way line of State Highway 287 and said east line of the |
|
Vinson tract to the northeast corner of the aforementioned First |
|
Tract; |
|
THENCE S 18°02'13"E, 462.79 feet, continuing along said west |
|
right-of-way line of State Highway 287 and said First Tract to the |
|
northeast corner of the aforementioned Second Tract; |
|
THENCE S 18°13'27"E, 1943.55 feet, continuing along said west |
|
right-of-way line of State Highway 287 and the east line of said |
|
Second Tract; |
|
THENCE S 01°41'43"W, 195.49 feet, continuing along said west |
|
right-of-way line of State Highway 287 and the east line of said |
|
Second Tract; |
|
THENCE S 26°58'37"W, 614.91 feet, continuing along said west |
|
right-of-way line of State Highway 287 and the east line of said |
|
Second Tract; |
|
THENCE S 17°59'56"E, 79.24 feet, continuing along said west |
|
right-of-way line of State Highway 287 and the east line of said |
|
Second Tract to the POINT OF BEGINNING and containing 2942.775 |
|
acres of land, more or less. |
|
Including all of that land beneath the existing surface |
|
(topography) of the above described tract of land which extends |
|
vertically downward a distance of 50 feet from all points on said |
|
existing surface. |
|
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. 3991 was passed by the House on May |
|
11, 2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 3991 was passed by the Senate on May |
|
23, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |