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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 Kimberlin Ranch Municipal Utility |
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District No. 2 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 8265 to read as follows: |
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CHAPTER 8265. KIMBERLIN RANCH MUNICIPAL UTILITY DISTRICT NO. 2 OF |
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GRAYSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8265.001. 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 Kimberlin Ranch Municipal |
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Utility District No. 2 of Grayson County. |
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Sec. 8265.002. 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. 8265.003. 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 8265.023 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 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, 2014. |
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Sec. 8265.004. 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 8265.005-8265.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8265.021. 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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8265.023; or |
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(2) the date this chapter expires under Section |
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8265.003. |
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Sec. 8265.022. 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. 8265.023. 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. 8265.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8265.023 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. 8265.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8265.026-8265.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8265.051. 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 8265.052-8265.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8265.101. 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. 8265.102. WATER AND WASTEWATER FACILITIES AND |
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SERVICES. (a) The district shall make available any district |
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water or wastewater facility to each person that holds a |
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certificate of 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. 8265.103. 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. 8265.104. 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. 8265.105. 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. 8265.106. 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 8265.107-8265.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8265.151. 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 8264.201. |
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[Sections 8265.152-8265.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8265.201. 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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8265.101 or 8265.103. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 8265.103 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 8265.103 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 Kimberlin Ranch Municipal Utility District |
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No. 2 of Grayson County includes all the territory contained in the |
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following area: |
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SITUATED in the County of GRAYSON, State of Texas, being a part of |
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the ROBERT MASON SURVEY, ABSTRACT NO. 784 and the SAMUEL Q. PETTUS |
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SURVEY, ABSTRACT NO. 939, being a part of a 297.715 acre tract of |
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land (described as 300.715 acres less 3.00 acres) conveyed by Regis |
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J. Sutton to Jean Anna Sutton in Agreement of Regis J. Sutton and |
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Jean Anna Sutton Partitioning Community Property dated June 3, |
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1983, recorded in Volume 1650, Page 260, Deed Records, GRAYSON |
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County, Texas, and being more particularly described by metes and |
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bounds as follows to-wit: |
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BEGINNING at a found 1/2 inch rebar on the most Southerly South line |
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of said 297.715 acre tract, the North line of a 201.711 acre tract |
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of land conveyed by Charles C. Graham, et ux to Mario Feliciano, |
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Trustee by Deed dated July 9, 1980, recorded in Volume 1523, Page |
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109, Deed Records, GRAYSON County, Texas, said rebar being North 87 |
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degrees 08 minutes 06 seconds West, a distance of 626.13 feet from a |
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found spike nail maintaining the most Southerly Southeast corner of |
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said 297.715 acre tract, the most Northerly Northeast corner of |
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said 201.711 acre tract, in a public road known as Wall Street Road |
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and on an East line of said Mason Survey, the West line of the |
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William Kinnamon Survey, Abstract No. 676; |
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THENCE North 87 degrees 08 minutes 06 seconds West, with the general |
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line of a fence, the most Southerly South line of said 297.715 acre |
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tract, the North line of said 201.711 acre tract, a distance of |
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1141.44 feet to a fence post; |
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THENCE North 87 degrees 24 minutes 28 seconds West, continuing with |
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the general line of said fence, the Southerly South line of said |
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297.715 acre tract, the North line of said 201.77 acre tract, a |
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distance of 2156.98 feet to a set spike nail at the base of a fence |
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corner post for the Northwest corner of said 201.711 acre tract, the |
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most Southerly Southwest corner of said 297.715 acre tract, on the |
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East line of a 223.5639 acre tract of land conveyed by Kent Berlin |
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to The Berlin Family Limited Partnership by Deed dated January 10, |
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2000, recorded in Volume 2881, Page 924, Official Public Records,
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GRAYSON County, Texas; |
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THENCE North 03 degrees 33 minutes 37 seconds East, with the general |
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line of a fence, the East line of said 223.5639 acre tract, a |
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distance of 1112.63 feet to a fence corner post maintaining the |
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Northeast corner of said 223.5639 acre tract, an ell corner of said |
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297.715 acre tract on a North line of said Mason Survey, the South |
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line of said Pettus Survey; |
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THENCE North 87 degrees 19 minutes 23 seconds West, with the general |
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line of a fence, the North line of said 223.5639 acre tract, a North |
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line of said Mason Survey, the South line of said Pettus Survey, |
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passing the Northwest corner of said 223.5639 acre tract, the |
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Northeast corner of a 20 foot wide strip of land described in Second |
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Tract in Deed from George M. Carter, et ux to Joe D. Johnson by Deed |
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dated March 29, 1961, recorded in Volume 930, Page 211, Deed |
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Records, GRAYSON County, Texas and continuing for a total distance |
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of 2911.41 feet to a set spike nail at the base of a fence corner |
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post for the Northwest corner of said Mason Survey, the most |
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Westerly Southwest corner of said 297.715 acre tract, the Southwest |
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corner of said Pettus Survey, on the East line of the Sarah Shoto |
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Survey, Abstract No. 1079, the East line of a 100 acre tract of land |
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described in First Tract in said Volume 930, Page 211; |
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THENCE North 03 degrees 27 minutes 34 seconds East, with the West |
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line of said Pettus Survey, the East line of both said Shoto Survey |
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and 100 acre tract, passing the Northeast corner of said 100 acre |
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tract, the Southeast corner of a 499.67 acre tract of land conveyed |
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by Mary H. Martinek to Mary H. Martinek, Trustee of the Mary H. |
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Martinek Revocable Living Trust by Deed dated April 11, 1997, |
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recorded in Volume 2562, Page 196, Official Public Records, GRAYSON |
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County, Texas and continuing with an East line of said 499.67 acre |
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tract for a total distance of 1263.89 feet to a found 1/2 inch rebar |
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at the base of a fence corner post, said rebar maintaining the |
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Northwest corner of said 297.715 acre tract, the Southwest corner |
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of a 223 acre tract of land now or formerly owned by Thelma Hunter |
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(no Deed reference available); |
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THENCE South 87 degrees 25 minutes 47 seconds East, with the general |
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line of a fence, the South line of said 223 acre tract, at a distance |
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of 6798.67 feet to a found 3/8 inch rebar maintaining the Southeast |
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corner of said 223 acre tract, the most Northerly Northeast corner |
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of said 297.715 acre tract, in said Wall Street Road and on the East |
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line of said Pettus Survey, the West line of said William Kinnamon |
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Survey, the West line of a tract of land described in North Tract in |
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Quitclaim Deed dated September 30, 1997 from Susan C. deCordova to |
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Susan C. deCordova, Trustee of the deCordova Trust recorded in |
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Volume 2577, Page 155, Official Public Records, GRAYSON County, |
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Texas; |
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THENCE South 03 degrees 15 minutes 00 seconds West, with an East |
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line of both said 297.715 acre tract and Mason Survey, the West line |
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of both said Kinnamon Survey and North Tract, passing the Southeast |
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corner of said Pettus Survey, the most Northerly Northeast corner |
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of said Mason Survey and continuing for a total distance of 1680.66 |
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feet to a found spike nail maintaining a Southeast corner of said |
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297.715 acre tract, the Northeast corner of a 3.00 acre tract of |
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land conveyed by Anna Houck Trust to AHG Trust by Deed dated January |
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30, 2002, recorded in Volume 3194, Page 458, Official Public |
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Records, GRAYSON County, Texas; |
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THENCE North 87 degrees 04 minutes 00 seconds West with the North |
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line of said 3.00 acre tract, a distance of 626.13 feet to a found |
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1/2 inch rebar maintaining its Northwest corner; |
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THENCE South 03 degrees 15 minutes 00 seconds West, with the West |
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line of said 3.00 acre tract, at a distance of 208.71 feet passing a |
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found 1/2 inch rebar maintaining its Southwest corner and |
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continuing for a total distance of 711.76 feet to the PLACE OF |
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BEGINNING and CONTAINING 288.92 acres of land, more or less. |
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TRACT 2 |
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All that certain tract or parcel of land situated in the Robert |
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Mason Survey, Abstract Number 784 County of Grayson, State of |
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Texas, said tract being part of a called 69 1\2 acres tract as |
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described in Deed to Marshall E. Anderson et ux, Marquerite |
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Anderson, filed 11 January 1962, and Recorded in Volume 947 Page 387 |
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of the Deed Records of the County of Grayson, State of Texas, and |
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being more fully described as follows: |
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Beginning for the northeast corner of the tract being described |
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herein at a set 1\2 inch Steel Square Tubing, said tubing being the |
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northeast corner of said Anderson tract, and the southeast corner |
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of a called 100 acres tract as described in the First Tract, and on |
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the west line of a called 1.56 acre tract as described in the Second |
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tract in Deed to Joe D. Johnson, filed 30 March 1961, and Recorded |
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in Volume 930 Page 211 of said Deed Records; |
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Thence: South 03 degrees 29 minutes 22 seconds West, with the east |
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line of said Anderson tract, and with the west line of said Johnson |
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Second Tract, a distance of 609.07 feet to a found 1\2 inch Steel |
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Square Tubing for the northeast corner of a 1.25 acre tract as |
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surveyed out for Dennis Keating dated 27 December 1999; |
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Thence: North 86 degrees 56 minutes 26 seconds West, with the north |
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line of said Keating tract, a distance of 124.72 feet to a found 1\2 |
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inch Steel Square Tubing for the northwest corner of said Keating |
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tract; |
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Thence: South 03 degrees 32 minutes 41 seconds West, with the west |
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line of said Keating tract, a distance of 435.58 feet to a found 1\2 |
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inch Steel Square Tubing for the southwest corner of said Heating |
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tract, and on the north Right-of-Way line of Farm-to-Market Road |
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Number 121 as described in Deed to The State of Texas, filed 11 |
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November 1953 and Recorded in Volume 744 Page 72 of said Deed |
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Records |
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Thence: North 87 degrees 07 minutes 47 seconds West, with the south |
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line of said Anderson tract, and the north ROW line of said FM 121, |
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a distance of 1856.89 feet to a found State of Texas Concrete |
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Right-of-Way Monument for a corner; |
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Thence: North 73 degrees 24 minutes 31 seconds West, with the south |
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line of said Anderson tract, and the north ROW line of FM 121, a |
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distance of 332.15 feet to a found 1\2 inch Steel Square Tubing for |
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the southeast corner of a 5 acre tract as described in Deed to |
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Ronald R. Baker et ux, Joanie C. Baker, filed 06 November 1995, and |
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Recorded in Volume 2428 Page 31 of said Deed Records; |
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Thence: North 29 degrees 08 minutes 03 seconds West, with the east |
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line of said Baker tract, a distance of 1078.23 feet to a found 1\2 |
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inch Steel Square Tubing for the northeast corner of said Baker |
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tract, and on the south line of a tract as described in Deed to Steve |
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Bryant et ux, Judy Bryant, filed 02 January 2003, and Recorded in |
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Volume 3393 Page 846 of said Deed Records; |
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Thence: South 88 degrees 17 minutes 06 seconds East, with the north |
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line of said Anderson tract, and with the south line of said Bryant |
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tract, a distance of 1574.07 feet to a found 1\2 inch Steel Rebar at |
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the base of a wood fence corner post for the southeast corner of |
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said Bryant tract, and the southwest corner of said Johnson First |
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tract; |
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Thence: South 87 degrees 58 minutes 16 seconds East, with the north |
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line of said Anderson tract, and the south line of said Johnson |
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First Tract, a distance of 1313.83 feet to the POINT OF BEGINNING |
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and containing 58.946 acres of land. |
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TRACT 3 |
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All that certain tract or parcel of land situated in the Robert |
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Mason Survey, Abstract Number 784 and the Sarah Shoto Survey, |
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Abstract Number 1079, County of Grayson, State of Texas, said tract |
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being all of a called 100 acres tract as described in the First |
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Tract, and all of a called 1.56 acre tract as described in the |
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Second tract in Deed to Joe D. Johnson, filed 30 March 1961, and |
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Recorded in Volume 930 Page 211 of the Deed Records of the County of |
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Grayson, State of Texas, and being more fully described as follows: |
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Beginning for the southeast corner of the tract being described |
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herein at a found 1\2 inch Steel Square Tubing, said tubing being |
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the southeast corner of said Johnson tract, and the southwest |
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corner of a called 223.457 acre tract as described in Deed to Gunter |
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223, LTD, filed 06 June 2005, and Recorded in Volume 3870 Page 800 |
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of said Deed Records, said tubing also being on the north |
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Right-of-Way line of Farm-to-Market Road Number 121 as described in |
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Deed to The State of Texas, filed 11 November 1953 and Recorded in |
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Volume 744 Page 72 of said Deed Records; |
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Thence: North 86 degrees 52 minutes 52 seconds West, with the south |
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line of said Johnson Seconds Tract, and with the north ROW line of |
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said FM 121, a distance of 20.00 feet to a found 1\2 inch Steel |
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Square Tubing for the southwest corner of said Johnson Seconds |
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Tract, and the southeast corner of a 1.25 acre tract as surveyed out |
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for Dennis Keating dated 27 December 1999; |
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Thence: North 03 degrees 29 minutes 02 seconds East, with the west |
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line of said Johnson Second tract, a distance of 1044.78 feet to a |
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set 1\2 inch Steel Square Tubing with a plastic cap marked COX 4577 |
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for the southeast corner of said Johnson First tract and the |
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northeast corner of a tract as described in Deed to Marshall E. |
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Anderson et ux, Marquerite Anderson, filed 11 January 1962, and |
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Recorded in Volume 947 Page 387 of said Deed Records; |
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Thence: North 87 degrees 58 minutes 16 seconds West, with the south |
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line of said Johnson First Tract, and with the north line of said |
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Anderson tract, a distance of 1313.82 feet to a found 1\2 inch Steel |
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Rebar for the southwest corner of said Johnson First Tract, and the |
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southeast corner of a tract as described in Deed to Steve Bryant et |
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ux, Judy Bryant, filed 02 January 2003, and Recorded in Volume 3393 |
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Page 846 of said Deed Records; |
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Thence: North 03 degrees 21 minutes 26 seconds East, with the west |
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line of said Johnson First Tract, a distance of 3311.44 feet to a |
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Wood Fence corner Post for the northwest corner of said Johnson |
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First Tract; |
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Thence: South 86 degrees 54 minutes 56 seconds East, with the north |
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line of said Johnson First Tract, a distance of 1313.67 feet to a |
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set 1\2 inch Steel Square Tubing for the northeast corner of said |
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Johnson First Tract, and on the west line of a called 288.92 acre |
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tract as described in Deed to Inwood Plaza Joint Venture, filed 07 |
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January 2004, and Recorded in Volume 3594 Page 147 of said Deed |
|
Records; |
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Thence: South 03 degrees 27 minutes 34 seconds West, with the east |
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line of said Johnson First Tract, a distance of 960.75 feet to a |
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found 1\2 inch Steel Rebar at the base of a Wood Fence corner Post |
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for the northwest corner of said Johnson Second Tract, and the |
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southwest corner of said Inwood Plaza Joint Venture tract; |
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Thence: South 87 degrees 14 minutes 29 seconds East, with the north |
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line of said Johnson Second Tract, and with the south line of said |
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Inwood Plaza tract, a distance of 20.98 feet to a found 1\2 inch |
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Steel Rebar at the base of a wood fence corner post for the |
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northeast corner of said Johnson Second Tract, and the northwest |
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corner of said Gunter 223 tract; |
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Thence: South 03 degrees 20 minutes 36 seconds West, with the east |
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line of said Johnson Second Tract, and the west line of said Gunter |
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223 tract, a distance of 2326.24 feet to a Wood Fence corner Post |
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for an angle point; |
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Thence: South 03 degrees 29 minutes 00 seconds West, with the east |
|
line of said Johnson Second Tract, and the west line of said Gunter |
|
223 tract, a distance of 1045.16 feet to the POINT OF BEGINNING and |
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containing 101.005 acre of land. |
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SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
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SECTION 4. This Act takes effect September 1, 2007. |