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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 Sangani Ranch Municipal Utility |
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District No. 1 of Grayson County; providing authority to impose a |
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tax and issue bonds; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8258 to read as follows: |
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CHAPTER 8258. SANGANI RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF |
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GRAYSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8258.001. 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 Sangani Ranch Municipal |
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Utility District No. 1 of Grayson County. |
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Sec. 8258.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Grayson County created under and |
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essential to accomplish the purposes of Section 52, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 8258.003. 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 8258.023 before September 1, 2009: |
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(1) the district is dissolved September 1, 2009, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Grayson County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2012. |
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Sec. 8258.004. 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 8258.005-8258.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8258.021. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2007, a person who owns land in the district may submit |
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a petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as temporary directors the |
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five persons named in the petition. |
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(b) The commission shall appoint as temporary directors the |
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five persons named in the first petition received by the commission |
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under Subsection (a). |
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(c) If a temporary director fails to qualify for office, the |
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commission shall appoint a person to fill the vacancy. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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8258.023; or |
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(2) the date this chapter expires under Section |
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8258.003. |
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Sec. 8258.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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temporary directors shall meet at a location in the district |
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agreeable to a majority of the directors. At the meeting, the |
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temporary directors shall elect officers from among the temporary |
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directors and conduct any other district business. |
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Sec. 8258.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION; ANNEXATION BY CITY. (a) The temporary directors shall |
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hold an election to confirm the creation of the district and to |
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elect five directors as provided by Section 49.102, Water Code. |
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(b) The temporary directors may not hold the election until |
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the City of Gunter has annexed into its corporate limits all |
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territory described by Section 2 of the Act creating this chapter. |
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Sec. 8258.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8258.023 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 8258.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8258.026-8258.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8258.051. 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 8258.052-8258.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8258.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8258.102. WATER AND WASTEWATER FACILITIES AND |
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SERVICES. (a) The district shall make available any district water |
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or wastewater facility to each person that holds a certificate of |
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convenience and necessity for land in the district. |
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(b) The district may not provide retail water or wastewater |
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services. |
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Sec. 8258.103. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads or turnpikes, or improvements in aid of |
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those roads or turnpikes, inside the district. |
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(b) A road project must meet all applicable construction |
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standards, subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located. |
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Sec. 8258.104. MAINTENANCE AND REPAIR OF ROADS IN TERRITORY |
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EXCLUDED FROM CITY. If the City of Gunter excludes district |
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territory from the city's corporate limits, the district shall |
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maintain, improve, operate, and repair any road located in that |
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territory in accordance with the ordinances and rules of each |
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political subdivision in whose jurisdiction the road is located. |
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Sec. 8258.105. DIVISION OF DISTRICT. (a) The district may |
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be divided into two new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) The division procedure is prescribed by Sections 53.030 |
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through 53.041, Water Code. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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(d) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land: |
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(1) outside the area described by Section 2 of the Act |
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creating this chapter; or |
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(2) outside the corporate limits of the city of |
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Gunter. |
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Sec. 8258.106. LIMITATION ON ANNEXATION. (a) The district |
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may not add land to the district under Subchapter J, Chapter 49, |
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Water Code, if the land is located outside the corporate limits of |
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the city of Gunter. |
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(b) Section 43.075, Local Government Code, does not apply to |
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the district. |
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[Sections 8258.107-8258.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8258.151. 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 8258.201. |
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[Sections 8258.152-8258.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8258.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49 and 54, Water Code, to finance the |
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construction, maintenance, or operation of a project under Section |
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8258.101 or 8258.103. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 8258.103 unless the issuance |
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is approved by a vote of a two-thirds majority of the district |
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voters voting at an election held for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8258.103 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Sangani Ranch Municipal Utility District No. |
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1 of Grayson County includes all the territory contained in the |
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following area: |
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Tract 1 |
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All that certain tract or parcel of land situated in the A. S. A. |
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Hartfield Survey, Abstract Number 490, Grayson County, Texas, and |
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being part of a called Tract No. 3 as described in a deed from Jack |
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A. Turpin to JMS & Co., a Texas General Partnership as recorded in |
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Volume 1963, Page 451, Deed Records of Grayson County, Texas, and |
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being more particularly described as follows: |
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Beginning at a 1/2" iron rod found in the south line of said Tract |
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No. 3 and in the east right-of-way line of State Highway 289 and |
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also in an asphalt road under apparent public use posted as Mackey |
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Road; |
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Thence North 00 Degrees 32 Minutes 59 Seconds West with the said |
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east monumented right-of-way line and generally with a fence line, |
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a distance of 114.58 feet to a right-of-way monument found for |
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corner; |
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Thence North 45 Degrees 35 Minutes 10 Seconds East with the said |
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east monumented right-of-way line and generally with a fence line, |
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a distance of 180.50 feet to a right-of-way monument found for |
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corner; |
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Thence North 40 Degrees 07 Minutes 07 Seconds East with the said |
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east right-of-way line and generally with a fence line, a distance |
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of 329.14 feet to a 1/2" capped iron rod set for corner; |
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Thence North 45 Degrees 35 Minutes 13 Seconds East with the said |
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east right-of-way line and generally with a fence line, a distance |
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of 1391.07 feet to a 1/2'' capped iron rod set for corner; |
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Thence North 51 Degrees 15 Minutes 05 Seconds East with the said |
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east monumented right-of-way line and generally with a fence line, |
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a distance of 494.20 feet to a concrete monument for corner; |
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Thence North 45 Degrees 35 Minutes 13 Seconds East with the said |
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east right-of-way line and generally with a fence line, a distance |
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of 131.23 feet to a l/2" capped iron rod set for corner; |
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Thence North 42 Degrees 32 Minutes 58 Seconds East with the said |
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east monumented right-of-way line and generally with a fence line, |
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a distance of 3 15.33 feet to a concrete monument for corner; |
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Thence North 45 Degrees 35 Minutes 13 Seconds East with the said |
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east right-of-way line and generally with a fence line, a distance |
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of 98.43 feet to a 1/2" capped iron rod set for corner; |
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Thence North 40 Degrees 15 Minutes 20 Seconds East with the said |
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east right-of-way line and generally with a fence line, a distance |
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of 354.85 feet to a 1/2" capped iron rod set for the north corner of |
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said Tract No. 3 and at the northwest corner of a called 26.14 acre |
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tract of land described in a deed to Penny S. Avery as recorded in |
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Volume 2670, Page 802, Deed Records of Grayson County, Texas; |
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Thence South 01 Degrees 16 Minutes 21 Seconds East with the east |
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line of said Tract No. 3 and with the west line of said 26.14 acre |
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tract and also with or near a fence line, passing a 1/2" iron rod |
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found at 2400.96 feet and continuing along said coarse for a total |
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distance of 2425.74 feet to a 60 D nail found at the southeast comer |
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of said Tract No. 3 and at the southwest corner of said 26.14 acre |
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tract and also in said asphalt road; |
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Thence South 89 Degrees 39 Minutes 37 Seconds West with the south |
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line of said Tract No. 3 and along said asphalt road, a distance of |
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2379.51 feet to the POINT OF BEGINNING and containing in total |
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69.234 acres of land and in the occupied road way and a total of |
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1.413 acres of land. |
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Tract 2 |
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All that certain tract or parcel of land situated in the A. S. A. |
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Hartfield Survey, Abstract Number 490, Grayson County, Texas, and |
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being part of a called Tract No. 2 as described in a deed from Jack |
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A. Turpin to JMS & Co., a Texas General Partnership as recorded in |
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Volume 1963, Page 451, Deed Records of Grayson County, Texas, and |
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being more particularly described as follows: |
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Beginning at a 1/2" capped iron rod set at the southwest corner of |
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said Tract No. 2 and in an asphalt road under apparent public use |
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posted as Fallow Road and also in the west line of said Hartfield |
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Survey; |
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Thence North 00 Degrees 57 Minutes 46 Seconds East with the west |
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line of said Tract No. 2 and along said asphalt road most of the way |
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and also with the said west line, a distance of 1786.81 feet to a |
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1/2" capped iron rod set for corner in the southeast right-of-way |
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line of S.C. & S.F. RAILROAD; |
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Thence North 12 Degrees 29 Minutes 16 Seconds East with the west |
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line of said Tract No, 2 and with the said southeast right-of-way |
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line, a distance of 1260.61 feet to a 1/2" capped iron rod set for |
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corner at the start of a curve to the right having a radius of |
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3699.71 feet; |
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Thence with said curve to the right and with the said west line and |
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also with the said southeast right-of-way line an arc length of |
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991.94 feet and said curve having a chord bearing of North 20 |
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Degrees 16 Minutes 14 Seconds East, a distance of 988.97 feet to a |
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1/2" capped iron rod set for corner at the start of a curve to the |
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right having a radius of 3772.73 feet; |
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Thence with said curve to the right and with the said west line and |
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also with the said southeast right-of-way line an arc length |
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1350.21 feet and said curve having a chord bearing of North 38 |
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Degrees 02 Minutes 43 Seconds East, a distance of 1343.02 feet to a |
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60 D nail found at the northwest corner of said Tract No. 2 and in an |
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asphalt road under apparent public use posted as Savage Road; |
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Thence South 89 Degrees 33 Minutes 30 Seconds East with the north |
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line of said Tract No. 2 and along said asphalt road, a distance of |
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969.10 feet to a 60 D nail found for corner; |
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Thence South 89 Degrees 58 Minutes 51 Seconds East with the said |
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north line and along said asphalt road, a distance of 2702.37 feet |
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to a point for the northeast corner of said Tract No. 2 and in the |
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west right-of-way line of State Highway 289; |
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Thence South 00 Degrees 40 Minutes 28 Seconds West with the said |
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west monumented right-of-way line, a distance of 198.93 feet to a |
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1/2" iron rod found in concrete for corner; |
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Thence South 45 Degrees 35 Minutes 18 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 967.85 feet to a brass capped monument found for |
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corner; |
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Thence South 51 Degrees 18 Minutes 23 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 494.83 feet to a brass capped monument found for |
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corner; |
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Thence South 45 Degrees 49 Minutes 03 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 97.35 feet to a brass capped monument found for |
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corner; |
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Thence South 39 Degrees 52 Minutes 13 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 494.65 feet to a brass capped monument found for |
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corner; |
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Thence South 45 Degrees 35 Minutes 18 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 1205.10 feet to a brass capped monument found for |
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corner; |
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Thence South 51 Degrees 19 Minutes 11 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 329.75 feet to a brass capped monument found for |
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corner; |
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Thence South 45 Degrees 28 Minutes 36 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 98.33 feet to a brass capped monument found for |
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corner; |
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Thence South 48 Degrees 35 Minutes 13 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 315.45 feet to a brass capped monument found for |
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corner; |
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Thence South 45 Degrees 56 Minutes 27 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 130.31 feet to a brass capped monument found for |
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corner; |
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Thence South 39 Degrees 47 Minutes 37 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 495.56 feet to a brass capped monument found for |
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corner; |
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Thence South 45 Degrees 35 Minutes 13 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 1226.52 feet to a concrete monument found for corner; |
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Thence South 51 Degrees 18 Minutes 15 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 494.51 feet to a concrete monument found for corner; |
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Thence South 46 Degrees 15 Minutes 32 Seconds West with the said |
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west monumented right-of-way line and generally near a fence line, |
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a distance of 97.79 feet to a concrete monument found for corner; |
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Thence South 37 Degrees 09 Minutes 28 Seconds West with the said |
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west right-of-way line, a distance of 409.29 feet to a 1/2" capped |
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iron rod set at the southeast corner of said Tract No. 2; |
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Thence South 89 Degrees 39 Minutes 37 Seconds West with the south |
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line of said Tract No. 2, a distance of 261.85 feet to the POINT OF |
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BEGINNING and containing in total 278.933 acres of land and in the |
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occupied in roadway and a total of 6.477 acres of land. |
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Tract 3 |
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All that certain tract or parcel of land situated in the A. S. A. |
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Hartfield Survey, Abstract Number 490, Grayson County, Texas, and |
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being all of a called Tract No. 1 and all of a called Tract No. 4 as |
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described in a deed from Jack A. Turpin to JMS & Co., a Texas General |
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Partnership as recorded in Volume 1963, Page 451, Deed Records of |
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Grayson County, Texas, and being more particularly described as |
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follows: |
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Beginning at a 1/2" capped iron rod set at the northwest corner of |
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said Tract No. 1 and at the northwest corner of said Hartfield |
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Survey and also in an asphalt road under apparent public use posted |
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as Fallow Road; |
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Thence South 89 Degrees 33 Minutes 30 Seconds East with the north |
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line of said Tract No. 1 and with the north line of said Hartfield |
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Survey, a distance of 1212.54 feet to a 60 D nail found for the |
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northeast corner of said Tract No. 4 and in an asphalt road under |
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apparent public use posted as Savage Road and in the northwest |
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right-of-way line of S.C. & S.F. RAILROAD and also in a curve to the |
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left having a radius of 3872.73 feet; |
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Thence with said curve to the left and with the said northwest |
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right-of-way line an arc length of 1276.90 feet and said curve |
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having a chord bearing of South 37 Degrees 14 Minutes 32 Seconds |
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West, a distance of 1271.12 feet to a 1/2" capped iron rod set for |
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corner at the start of a curve to the left having a radius of 3799.71 |
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feet; |
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Thence with said curve to the left and with said northwest line an |
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arc length of 1018.75 feet and said curve having a chord bearing of |
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South 20 Degrees 16 Minutes 14 Seconds West, a distance of 1015.70 |
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feet to a 1/2" capped iron rod set for corner; |
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Thence South 12 Degrees 29 Minutes 16 Seconds West with the said |
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northwest right-of-way line, a distance of 771.10 feet to a 60 D |
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nail set for the south corner of said Tract No. 1 and in said Fallow |
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Road and also in the west line of said Hartfield Survey; |
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Thence North 00 Degrees 57 Minutes 32 Seconds East with the west |
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line of said Tract No. 1 and with the said west line and also with |
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said Fallow Road, a distance of 1721.54 feet to a 60 D nail set for |
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corner; |
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Thence North 01 Degrees 57 Minutes 45 Seconds East with the west |
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line of said Tract No. 1 and with the said west line and also with |
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said Fallow Road, a distance of 866.75 feet to a 60 D nail set for |
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corner; |
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Thence North 06 Degrees 54 Minutes 43 Seconds East with the west |
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line of said Tract No. 1, a distance of 140.40 feet to the POINT OF |
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BEGINNING and containing in total 26.861 acres of land and in an |
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occupied road way and a total of 2.173 acres of land. |
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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 |
|
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 |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
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(b) The governor, one of the required recipients, has |
|
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 |
|
its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
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(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 |
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and accomplished. |
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SECTION 4. This Act takes effect September 1, 2007. |