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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. 2 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 9017 to read as follows: |
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CHAPTER 9017. CANYON FALLS WATER CONTROL AND IMPROVEMENT DISTRICT |
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NO. 2 OF DENTON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9017.001. 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. 2 of Denton County. |
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Sec. 9017.002. 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. 9017.003. 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 9017.023 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. 9017.004. 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 9017.005-9017.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 9017.021. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) John Mayfield; |
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(2) Greg Nelson; |
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(3) Scott Spencer; |
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(4) Dan Rudkin; and |
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(5) Steve Oltmann. |
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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 9017.023, |
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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. 9017.022. CONSENT OF MUNICIPALITY REQUIRED. The |
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initial board may not hold an election under Section 9017.023 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. 9017.023. 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. 9017.024. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 9017.025-9017.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9017.051. 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 9017.052-9017.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9017.101. 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. 9017.102. 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 9017.103-9017.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9017.151. 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 9017.201. |
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[Sections 9017.152-9017.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 9017.201. 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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9017.101 or 9017.102. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 9017.102 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 9017.102 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. 2 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 NORTHLAKE TRACT 1 |
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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 M.E.P. & P. R.R. SURVEY, |
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Abstract No. 913, F. THORNTON SURVEY, Abstract No. 1244, J. WILBURN |
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SURVEY, Abstract No. 1416 and the W. LOVE SURVEY, Abstract No. 728 |
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and being a portion of a tract of land described in a deed to CANYON |
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FALLS LAND PARTNERS L.P. as recorded in Instrument No. 2006-35531 |
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of the Deed Records of Denton County, Texas ( DRDCT ) and being more |
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particularly described as follows; |
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BEGINNING at a capped ½ inch iron rod found at the most |
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northwesterly corner of a tract of land conveyed to Mark Wayne |
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Judge, and wife Mary Abb Judge as recorded in Volume 4144, Page 2082 |
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( DRDCT ); |
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THENCE departing the northerly line of said Judge tract North 00 deg |
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30 min 31 sec East along a barb wire fence a distance of 2895.65 feet |
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to a wood fence post found for corner, said point being the most |
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northeasterly corner of a tract of land conveyed to D.W. Coin, and |
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wife Christene Coin as recorded in Volume 1015, Page 432 ( DRDCT ); |
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THENCE North 89 deg 30 min 59 sec West along a barb wire fence a |
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distance of 2944.98 feet to a 3/8 inch iron rod found for corner in |
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the approximate centerline of CLEVLAND-GIBBS ROAD, said point being |
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the most northwesterly corner of a tract of land conveyed to Elton |
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Dee Gardner, Jr. as recorded in CC# 93-0084282 ( DRDCT ); |
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THENCE along the approximate centerline of as CLEVALND-GIBBS ROAD |
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as follows; |
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North 00 deg 05 min 55 sec West a distance of 1407.56 feet to a ½ |
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inch iron rod set with a red plastic cap stamped "W.A.I." for |
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corner; |
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North 13 deg 10 min 14 sec West a distance of 622.96 feet to a Pk. |
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Nail set in asphalt pavement for corner, said point being set in the |
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southeasterly Right-of-Way of INTERSTATE 35W ( variable width |
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Right-of-Way ); |
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THENCE departing the approximate centerline of said CLEVLAND-GIBBS |
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ROAD and along the southeasterly Right-of-Way line of said |
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INTERSTATE 35W as follows; |
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North 77 deg 44 min 47 sec East a distance of 17.12 feet to a TXDOT |
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Concrete Monument found for corner; |
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North 07 deg 49 min 52 sec East a distance of 75.37 feet to a ½ inch |
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iron rod set with a red plastic cap stamped "W.A.I." for corner; |
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North 13 deg 52 min 40 sec West a distance of 160.00 feet to a TXDOT |
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Concrete Monument found for corner; |
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North 20 deg 34 min 02 sec West a distance of 217.85 feet to a point |
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for corner in a tree; |
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North 89 deg 26 min 40 sec West a distance of 16.86 feet to a ½ inch |
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iron rod found for corner; |
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North 18 deg 23 min 39 sec West a distance of 6.22 feet to a TXDOT |
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Concrete Monument found for corner; |
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North 88 deg 35 min 44 sec West a distance of 57.52 feet to a TXDOT |
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Concrete Monument found for corner; |
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North 64 deg 58 min 47 sec West a distance of 136.61 feet to a TXDOT |
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Concrete Monument found for corner; |
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North 21 deg 08 min 10 sec West passing through a TXDOT Concrete |
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Monument at a distance of 248.70 feet continuing in all a distance |
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of 528.90 feet to a TXDOT Concrete Monument found for corner; |
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North 24 deg 05 min 25 sec East a distance of 743.70 feet to a broken |
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TXDOT Concrete Monument found for corner in the approximate |
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centerline of a creek; |
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THENCE departing the southeasterly Right-of-Way line of said |
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INTERSTATE 35W and along the approximate centerline of said creek |
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as follows: |
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South 64 deg 18 min 23 sec East a distance of 53.75 feet to a point; |
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South 79 deg 10 min 35 sec East a distance of 79.02 feet to a point; |
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South 35 deg 21 min 52 sec East a distance of 57.79 feet to a point; |
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South 48 deg 30 min 57 sec East a distance of 75.64 feet to a point; |
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South 32 deg 34 min 23 sec East a distance of 129.42 feet to a point; |
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South 46 deg 50 min 25 sec East a distance of 148.50 feet to a point; |
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North 53 deg 05 min 10 sec East a distance of 122.04 feet to a point; |
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South 56 deg 56 min 44 sec East a distance of 175.61 feet to a point; |
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South 64 deg 34 min 41 sec East a distance of 102.00 feet to a point; |
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South 65 deg 10 min 30 sec East a distance of 137.84 feet to a point; |
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South 24 deg 48 min 23 sec East a distance of 21.57 feet to a point; |
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South 75 deg 14 min 20 sec East a distance of 190.64 feet to a point; |
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South 05 deg 18 min 14 sec East a distance of 106.22 feet to a point; |
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South 51 deg 12 min 41 sec East a distance of 86.44 feet to a point; |
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South 38 deg 52 min 18 sec West a distance of 70.06 feet to a point; |
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South 47 deg 56 min 51 sec East a distance of 223.88 feet to a point; |
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South 50 deg 48 min 32 sec West a distance of 120.96 feet to a point; |
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South 42 deg 42 min 30 sec East a distance of 105.51 feet to a point; |
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North 71 deg 06 min 00 sec East a distance of 85.98 feet to a point; |
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South 71 deg 43 min 46 sec East a distance of 194.40 feet to a point; |
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South 25 deg 22 min 35 sec East a distance of 66.32 feet to a point; |
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North 77 deg 27 min 41 sec East a distance of 95.93 feet to a point; |
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South 20 deg 19 min 13 sec East a distance of 76.45 feet to a point; |
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North 75 deg 40 min 42 sec East a distance of 72.63 feet to a point; |
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South 15 deg 51 min 41 sec West a distance of 40.94 feet to a point; |
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South 68 deg 22 min 35 sec East a distance of 56.47 feet to a point; |
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South 17 deg 49 min 47 sec East a distance of 11.57 feet to a point; |
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South 89 deg 36 min 34 sec East a distance of 3553.80 feet to a |
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point; |
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South 00 deg 30 min 49 sec West a distance of 3470.64 feet to a wood |
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fence post found for most northwesterly corner of a 1% tract of land |
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conveyed to Frances McLendon Ewing as recorded in Volume 1552, Page |
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949 ( DRDCT ); |
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Thence along the westerly line of said Frances McLendon Ewing tract |
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South 00 deg 32 min 43 sec West a distance of 1233.08 feet to a 1/2 |
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inch iron rod with a red plastic cap stamped W.A.I. set for corner; |
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Thence departing the westerly line of said Frances McLendon Ewing |
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tract North 89 deg 20 min 44 sec West a distance of 1195.75 feet to a |
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1/2 inch iron rod with a red plastic cap stamped W.A.I. set for |
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corner; |
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THENCE South 10 deg 04 min 59 sec West a distance of 1215.25 feet to |
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a 1/2 inch iron rod with a red plastic cap stamped W.A.I. set for |
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corner in the northerly Right-of-Way line of said F.M. 1171; |
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THENCE along the northerly Right-of-Way line of said F.M. 1171 as |
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follows; |
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South 66 deg 26 min 52 sec West a distance of 33.64 feet to a ½ inch |
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iron rod set with a red plastic cap stamped "W.A.I." for the |
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beginning of a non-tangent curve to the left having a radius of |
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5659.58 feet and having a chord bearing of North 70 deg 03 min 39 sec |
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West and a chord length of 231.34 feet; |
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Continuing along said non-tangent curve to the left through a |
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central angle of 02 deg 20 min 32 sec and an arc length of 231.36 |
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feet to the point of tangency; |
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North 69 deg 22 min 11 sec West a distance of 33.82 feet to a capped ½ |
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inch iron rod found at the most southeasterly corner of said Judge |
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tract; |
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THENCE along the easterly line of said Judge tract as follows; |
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North 00 deg 54 min 19 sec West a distance of 250.23 feet to a capped ½ |
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inch iron rod found for corner; |
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North 05 deg 57 min 32 sec West a distance of 225.22 feet to a capped ½ |
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inch iron rod found for the most northeasterly corner of said |
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Judge tract; |
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THENCE along the northerly line of said Judge tract North 89 deg 24 |
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min 30 sec West a distance of 313.03 feet to the POINT OF BEGINNING; |
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CONTAINING within these metes and bounds 433.539 acres or |
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18,884,940 square feet of land more or less. Bearings contained |
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within this field note description are based upon an on the ground |
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survey performed in field on the 19th day of November, 2005 |
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utilizing G.P.S. Measurements. |
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FIELD NOTE DESCRIPTION |
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CITY OF NORTHLAKE TRACT 2 |
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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 W. LOVE SURVEY, Abstract No. |
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728 and being a portion of a tract of land conveyed as 11.2% to Gail |
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Obenchain Schoellkopt, 11.2% to Melinda Calvert Obenchain, 11.2% to |
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Thomas A. Obenchain, 26.4% to The Hartnett Law Firm, 13.335% to |
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Jason Mclean, 13.335% to Jason Mclean as next friend for |
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Christopher Taylor and 13.33% to McCracken, Taylor & Nelson, P.C. |
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as recorded in CC# 05-12627 of the Deed Records of Denton County, |
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Texas (DRDCT) and being more particularly described as follows; |
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BEGINNING at a 5/8" iron rod found at the intersection of the common |
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line of a tract of land conveyed as 1% Frances McLendon Ewing as |
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recorded in Volume 1552, Page 949 (DRDCT) and the said Obenchain |
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tract and the southerly Right-of-Way line of F.M. 1171 (a variable |
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width Right-of-Way); |
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THENCE along the southerly Right-of-Way line of said F.M. 1171 as |
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follows; |
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South 69 deg 30 min 13 sec East a distance of 353.33 feet to a wood |
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TXDOT monument found for corner; |
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South 70 deg 08 min 26 sec East a distance of 235.35 feet to a wood |
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TXDOT monument found for corner; |
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South 25 deg 13 min 15 sec East a distance of 80.88 feet to a wood |
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TXDOT monument found for corner; |
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South 71 deg 38 min 42 sec East passing through a wood TXDOT |
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monument found at a distance of 145.00 feet and passing through a |
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wood TXDOT monument found at a distance of 253.46 feet continuing in |
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all a distance of 500.00 feet to a wood TXDOT monument found for |
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corner; |
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North 77 deg 33 min 25 sec East a distance of 116.11 feet to a wood |
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TXDOT monument found for corner; |
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South 71 deg 48 min 04 sec East a distance of 593.69 feet to a 1/2 |
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inch iron rod found for corner, said point being found in the |
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northerly line of said Ewing tract; |
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THENCE along the northerly line of said Ewing tract and along a barb |
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wire fence as follows; |
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North 89 deg 25 min 20 sec West a distance of 1739.14 feet to a wood |
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fence post found for corner; |
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North 00 deg 02 min 00 sec East a distance of 577.16 feet to the |
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POINT OF BEGINNING; |
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CONTAINING within these metes and bounds 10.427 acres or 454,192 |
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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. |