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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 Canyon Falls Water Control and |
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Improvement District No. 1 of Denton 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 9016 to read as follows: |
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CHAPTER 9016. CANYON FALLS WATER CONTROL AND IMPROVEMENT DISTRICT |
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NO. 1 OF DENTON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9016.001. 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 Canyon Falls Water Control |
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and Improvement District No. 1 of Denton County. |
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Sec. 9016.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district in Denton County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 9016.003. 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 9016.023 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Denton 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. 9016.004. 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 9016.005-9016.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 9016.021. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Leigh Ann Mayfield |
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(2) Kelly Oltman; |
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(3) Richard Ross; |
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(4) Timothy Anglin; and |
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(5) Julie Spencer. |
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(b) The terms of the first three directors named in |
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Subsection (a) expire on the uniform election date in May of the |
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first even-numbered year after the year in which the creation of the |
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district is confirmed at an election held under Section 9016.023, |
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and the terms of the last two directors named in Subsection (a) |
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expire on the uniform election date in May of the next even-numbered |
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year. |
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Sec. 9016.022. CONSENT OF MUNICIPALITY REQUIRED. The |
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initial board may not hold an election under Section 9016.023 until |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located has adopted a resolution or an |
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ordinance consenting to the creation of the district. |
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Sec. 9016.023. CONFIRMATION ELECTION. The initial board |
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shall hold an election to confirm the creation of the district. |
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Sec. 9016.024. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 9016.025-9016.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9016.051. 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 9016.052-9016.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9016.101. 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. 9016.102. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads, or improvements in aid of those roads, |
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inside the district. |
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(b) A road project must meet all applicable construction |
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standards, subdivision requirements, and regulatory ordinances or |
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orders of each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located. |
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[Sections 9016.103-9016.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9016.151. 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 9016.201. |
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[Sections 9016.152-9016.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 9016.201. 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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9016.101 or 9016.102. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 9016.102 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 9016.102 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 Canyon Falls Water Control and Improvement |
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District No. 1 of Denton County initially includes all the |
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territory contained in the following area: |
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FIELD NOTE DESCRIPTION |
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CITY OF ARGYLE |
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STATE OF TEXAS |
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COUNTY OF DENTON |
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BEING a tract of land situated in the F. THORNTON SURVEY, Abstract |
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No. 1244 and being a portion of a tract of land described in a deed |
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to CANYON FALLS LAND PARTNERS L.P. as recorded in Instrument No. |
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2006-35531 of the Deed Records of Denton County, Texas ( DRDCT ) and |
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being more particularly described as follows; |
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BEGINNING at a ½ inch iron rod found for the most southeasterly |
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corner of a tract of land conveyed to Ray Wolfe as recorded in |
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CC#95-R0061399 ( DRDCT ), said point being found in the approximate |
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centerline of STONECREST ROAD ( variable width Right-of-Way ); |
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THENCE along the approximate centerline of said STONECREST ROAD as |
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follows; |
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South 01 deg 26 min 35 sec West a distance of 681.53 feet to a Pk. |
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Nail found in asphalt pavement for the most northwesterly corner of |
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the STONECREST ADDITION, as recorded in Volume 5, Page 37 ( PRDCT ); |
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South 00 deg 05 min 06 sec West a distance of 1273.98 feet to a point |
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for corner the northerly line of the City of Flower Mound city limit |
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line; |
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THENCE departing the approximate centerline of said STONECREST ROAD |
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North 89 deg 03 min 28 sec West a distance of 2748.07 feet to a point |
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for the beginning of a curve to the right having a radius of 2640.00 |
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feet, a chord bearing North 73 deg 26 min 39 sec West and a chord |
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distance of 1421.10 feet; |
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THENCE along said curve to the right through central angle of 31 deg |
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13 min 37 sec for an arc length of 1438.84 feet to a point for |
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corner; |
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THENCE North 00 deg 56 min 32 sec East a distance of 1336.30 feet to |
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a point for corner; |
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THENCE North 89 deg 03 min 28 sec West a distance of 702.00 feet to a |
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point for corner in the southerly line of a tract of land conveyed |
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to Ronald Lee McCutchin as recorded in Volume 527, Page 68 (DRDCT); |
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THENCE along the southerly line of said McCutchin tract and along a |
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barb wire fence as follows; |
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North 00 deg 08 min 51 sec East a distance of 94.23 feet to a 5/8 |
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inch iron rod found for corner; |
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South 89 deg 41 min 56 sec East a distance of 1442.20 feet to a ½ |
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inch iron rod found for the most southwesterly corner of THE |
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SETTLEMENT II as recorded in Cabinet E, Page 33 of the Plat Records |
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of Denton County, Texas ( PRDCT ); |
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THENCE along the southerly line of said THE SETTLEMENT II and along |
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a barb wire feet as follows; |
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South 89 deg 42 min 54 sec East a distance of 1607.35 feet to a ½ |
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inch iron rod found for corner; |
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South 88 deg 29 min 54 sec East passing through a ½ inch iron rod |
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found at a distance of 311.48 feet continuing in all a distance of |
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366.95 feet to a wood fence post found for corner; |
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South 89 deg 45 min 57 sec East passing through a ½ inch iron rod |
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found at a distance of 119.13 feet and passing through a ½ inch iron |
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rod found at a distance of 294.24 feet continuing in all a distance |
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of 732.14 feet to a wood fence post found for the the most |
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southeasterly corner of said THE SETTLEMENT II; |
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THENCE along the easterly line of said THE SETTLEMENT II North 01 |
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deg 19 min 54 sec East a distance of 83.74 feet to a ½ inch iron rod |
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found for corner, said point being the most southwesterly corner of |
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a tract of land conveyed to Ray Wolfe as recorded in CC#95-R0061399 |
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( DRDCT ); |
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THENCE along the southerly line of said White tract North 89 deg 19 |
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min 34 sec East a distance of 658.25 feet to the POINT OF BEGINNING; |
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CONTAINING within these metes and bounds 172.579 acres or 7,517,538 |
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square feet of land more or less. Bearings contained within this |
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field note description are based upon an on the ground survey |
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performed in field on the 19th day of November, 2005 utilizing |
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G.P.S. Measurements. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect September 1, 2007. |