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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 Galveston County Municipal Utility |
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District No. 65; providing authority to impose a tax and issue |
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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 8216 to read as follows: |
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CHAPTER 8216. GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 65 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8216.001. 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 Galveston County Municipal |
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Utility District No. 65. |
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Sec. 8216.002. NATURE OF DISTRICT. (a) The district is a |
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municipal utility district and a navigation district created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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(b) The district, to the extent authorized by Section |
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8216.103 and Section 52, Article III, Texas Constitution, has road |
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powers. |
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Sec. 8216.003. CONFIRMATION ELECTION REQUIRED. The board |
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shall hold an election to confirm the creation of the district as |
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provided by Section 49.102, Water Code. |
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Sec. 8216.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All |
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land and other property in the district will benefit from the |
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improvements and services to be provided by the district. |
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Sec. 8216.005. 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 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 the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose an assessment or tax; or |
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(4) legality or operation. |
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[Sections 8216.006-8216.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8216.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8216.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) ____________; |
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(2) ____________; |
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(3) ____________; |
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(4) ____________; and |
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(5) ____________. |
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(b) Unless the initial board agrees otherwise, the initial |
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directors shall draw lots to determine which two shall serve until |
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the first regularly scheduled election of directors and which three |
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shall serve until the second regularly scheduled election of |
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directors. |
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(c) This section expires September 1, 2014. |
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[Sections 8216.053-8216.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8216.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8216.102. 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. 8216.103. ROAD PROJECTS. (a) Under Section 52, |
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Article III, Texas Constitution, a district may finance, construct, |
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or acquire a road project as provided by this section. |
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(b) The district shall employ, or contract with, a licensed |
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engineer to certify whether a proposed road project meets the |
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criteria for a thoroughfare, arterial, or collector road of: |
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(1) a county in whose jurisdiction the proposed road |
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project is located; or |
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(2) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the proposed road project is |
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located. |
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(c) After certification by the licensed engineer, the |
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district may finance, construct, or acquire the thoroughfare, |
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arterial, or collector road, or any improvements in aid of the road |
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project. |
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(d) A road project must meet all applicable standards, |
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regulations, ordinances, or orders of: |
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(1) each municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; and |
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(2) each county in which the road project is located. |
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(e) The district may, with the consent of the municipality |
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or county, convey a completed road project to: |
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(1) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; or |
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(2) a county in which the road project is located. |
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Sec. 8216.104. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution, adopted by the |
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governing body of a municipality under Section 54.016, Water Code, |
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that consents to the creation of the district or to the inclusion of |
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land in the district. |
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Sec. 8216.105. NAVIGATION DISTRICT POWERS. (a) The |
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district has the powers provided by the general law of this state, |
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including Chapters 60 and 62, Water Code, applicable to navigation |
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districts created under Section 59, Article XVI, Texas |
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Constitution. |
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(b) The district may purchase, construct, acquire, own, |
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operate, maintain, improve, or extend, inside or outside the |
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district, a canal, waterway, bulkhead, dock, or other improvement |
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necessary or convenient to accomplish the navigation purposes of |
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the district. |
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[Sections 8216.106-8216.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8216.151. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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Except as provided by Subsection (c), the district may issue, |
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without an election, bonds and other obligations secured by revenue |
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or contract payments from a source other than ad valorem taxation. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds to finance a road |
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project unless the issuance is approved by a vote of a two-thirds |
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majority of district voters voting at an election held for that |
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purpose. |
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Sec. 8216.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8216.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district as provided by Chapter 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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[Sections 8216.153-8216.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8216.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, grants, or other district money, or any combination of |
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those sources, to pay for any authorized district purpose. |
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Sec. 8216.202. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of a bond, note, or other |
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obligation issued or incurred to finance a road project may not |
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exceed one-fourth of the assessed value of real property in the |
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district according to the most recent certified tax appraisal roll |
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for Galveston County. |
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Sec. 8216.203. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. The Galveston County Municipal Utility District |
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No. 65 initially includes all the territory contained in the |
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following area: |
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A tract of land containing 492.662 acres out of the B.B.B. & C.R.R. |
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Survey, Abstract No. 629, and the J.S. Jones Survey, Abstract No. |
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129, Galveston County, Texas, being comprised of a 273.547 acre |
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tract (Tract "A"), and a 219.115 acre tract (Tract "B"), said |
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273.547 acre tract (Tract "A") being the remainder of that certain |
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376.289 acre tract described in deed dated May 17, 1924, from Susie |
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C. Robinson to Horace L. Thompson recorded in Volume 357, Page 470 |
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of the Deed Records of Galveston County (D.R.G.C.), said 219.115 |
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acre tract (Tract "B") being the remainder of a 135.085 acre tract |
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also described in the abovementioned deed, and the remainder of a |
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97.73 acre tract and a 21.2 acre tract described in deed dated April |
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20, 1926, from E.J. Condon to E.E. Townes recorded in Volume 381, |
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Page 605 of the D.R.G.C., the remainder of a 5.0 acre tract |
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described in deed dated January 4, 1926, from E.J. Condon to E.E. |
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Townes, recorded in Volume 381, Page 167 of the D.R.G.C., the |
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remainder of a 10.16 acre tract described in deed dated January 12, |
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1926, from E.J. Condon to E.E. Townes, recorded in Volume 495, Page |
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38 of the D.R.G.C. and being the same 10.16 acre tract dated January |
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12, 1926, described in deed from J.D. Taryer to E.E. Townes, |
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recorded in Volume 381, Page 161 of the D.R.G.C., said Tract "A" and |
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Tract "B" being more particularly described by metes and bounds as |
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follows: (All bearings are based on the Texas Coordinate System, |
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South Central Zone, NAD 83 (CORS96) as established by GPS |
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observations from continuously operating reference stations COH 3, |
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TS11 and TXLM) |
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273.547 ACRES (TRACT "A") |
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BEGINNING at a 3/8-inch iron rod found at the intersection of the |
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line dividing the east and west halves of the J.S. Jones Survey, |
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Abstract No. 129, and the north right-of-way line of F.M. 517 (80 |
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feet wide) formerly known as the Dickinson-San Leon County Road, |
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being the southwest corner of that certain 135.1988 acre tract |
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referred to as "Tract No. 1" in deed to Dickinson Land, L.L.C., as |
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recorded under County Clerk's File No. 9963052 of the Official |
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Public Records of Real Property of Galveston County |
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(O.P.R.R.P.G.C.), and also being the southeast corner of the herein |
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described 273.547 acre tract (Tract "A"); |
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THENCE South 77° 37' 57" West, 2511.18 feet along said north |
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right-of-way line to a 5/8-inch iron rod with cap set at the |
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southwest corner of the herein described 273.547 acre tract (Tract |
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"A"), same being the southeast corner of that certain 21.2440 acre |
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tract referred to as "Tract 2" in deed to E. Hopmann, as recorded |
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under County Clerk's File No. 2000012494 of the O.P.R.R.P.G.C.; |
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THENCE North 02° 06' 25" West, 1,880.12 feet along the common |
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boundary line of said 21.2440 acre tract and said 273.547 acre tract |
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(Tract "A") to a 5/8-inch iron rod with cap set at a westerly corner |
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of the herein described tract; |
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THENCE North 01° 54' 40" West, 3,160.60 feet continuing along said |
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common boundary line to a 5/8-inch iron rod with cap set at the |
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northwest corner of the herein described 273.547 acre tract (Tract |
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"A"), and also being an interior corner of said 21.440 acre tract; |
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THENCE North 87° 45' 18" East, 431.29 feet along the common line of |
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said 21.2440 acre tract to a 1-1/2-inch iron pipe found at a |
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northerly corner of the herein described 273.547 acre tract (Tract |
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"A"), and the southwest corner of that certain 1.004 acre tract |
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conveyed by deed to Ngyen Thanh Toan, as recorded under County |
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Clerk's File No. 8741146 of the O.P.R.R.P.G.C.; |
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THENCE North 87° 37' 54" East, 2,036.78 feet along the north line of |
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said 273.547 acre tract (Tract "A") and with the south line of said |
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Ngyen Thanh Toan 1.004 acre tract, the Phillip R. Baldwin tract, and |
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a 1.004 acre tract conveyed to Phuc Huu Luu, recorded under County |
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Clerk's File No. 8741132 of the O.P.R.R.P.G.C., and another 1.004 |
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acre tract conveyed to Dickinson Independent School District, |
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Trustee, as recorded under County Clerk's File No. 2002059673 of |
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the O.P.R.R.P.G.C., and a 1.007 acre tract conveyed to Ba Van To, as |
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recorded under County Clerk's File No. 8741137 of the |
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O.P.R.R.P.G.C., to a 1-inch iron pipe found at the northwest corner |
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of the herein described tract, lying in the west line of the |
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aforementioned 135.1988 acre tract; |
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THENCE South 02° 00' 35" East, 4,603.74 feet with the common |
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boundary line of said 135.1988 acre tract and the herein described |
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273.547 acre tract (Tract "A") to the POINT OF BEGINNING, |
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containing 273.547 acres (11,915,712 square feet) of land. |
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219.115 ACRES (TRACT "B") |
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BEGINNING at a 3/8-inch iron rod found at the intersection of the |
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line dividing the east and west halves of the J.S. Jones Survey, |
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Abstract No. 129, and the south right-of-way line of F.M. 517 (80 |
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feet wide), formerly known as the Dickinson-San Leon County Road, |
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being the northwest corner of that certain 183.5474 acre tract |
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referred to as "Tract No. 2" in deed to Dickinson Land, L.L.C., as |
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recorded under County Clerk's File No. 9963052 of the Official |
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Public Records of Real Property of Galveston County |
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(O.P.R.R.P.G.C.), and also being the northeast corner of the herein |
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described 219.115 acre tract (Tract "B"); |
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South 02° 00' 35" East, at 5,101.97 feet passing a 5/8-inch iron rod |
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with cap set for reference and continuing for a total distance of |
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5,551.97 feet with said dividing line and with the common boundary |
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line of said 183.5474 acre tract and the herein described 219.115 |
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acre tract (Tract "B") to the northerly limits of Dickinson Bayou, |
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being the southeast corner of the herein described tract; |
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THENCE with the northerly limits and meanders of Dickinson Bayou |
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the following courses and distances: |
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North 62° 44' 29" West, 79.11 feet to a point; |
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North 63° 27' 23" West, 165.55 feet to a point; |
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North 48° 29' 22" West, 190.58 feet to a point; |
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North 59° 25' 13" West, 225.23 feet to a point; |
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North 34° 53' 24" East, 79.20 feet to a point; |
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North 57° 14' 47" East, 71.51 feet to a point; |
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North 19° 46' 01" East, 93.53 feet to a point; |
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North 65° 03' 09" East, 69.38 feet to a point; |
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North 54° 57' 59" West, 62.70 feet to a point; |
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North 35° 06' 22" West, 52.61 feet to a point; |
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North 05° 29' 53" West, 48.90 feet to a point; |
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South 55° 51' 23" West, 132.54 feet to a point; |
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South 69° 08' 52" West, 77.06 feet to a point; |
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South 87° 34' 12" West, 90.14 feet to a point; |
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North 63° 18' 31" West, 122.00 feet to a point; |
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North 52° 37' 21" West, 53.95 feet to a point; |
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North 39° 00' 14" West, 124.84 feet to a point; |
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North 37° 00' 46" West, 140.12 feet to a point; |
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North 28° 48' 25" West, 183.17 feet to a point; |
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North 68° 50' 42" West, 80.53 feet to a point; |
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South 83° 18' 14" West, 101.23 feet to a point; |
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North 52° 58' 46" West, 52.37 feet to a point; |
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North 10° 46' 01" East, 1.52 feet to a point; |
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North 66° 34' 38" West, 20.30 feet to a point; |
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North 62° 44' 20" West, 19.38 feet to a point; |
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North 17° 03' 37" West, 14.90 feet to a point; |
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North 31° 14' 44" West, 91.10 feet to a point; |
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North 29° 18' 07" West, 111.23 feet to a point; |
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North 32° 18' 17" West, 119.46 feet to a point; |
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North 36° 31' 30" West, 72.43 feet to a point; |
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North 35° 11' 13" West, 50.78 feet to a point; |
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North 42° 30' 53" West, 93.57 feet to a point; |
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South 86° 45' 52" West, 11.31 feet to a point; |
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North 43° 04' 08" West, 36.11 feet to a point; |
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North 11° 50' 44" East, 14.29 feet to a point; |
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North 37° 07' 31" West, 54.21 feet to a point; |
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North 53° 28' 37" West, 94.53 feet to a point; |
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North 52° 30' 59" West, 61.18 feet to a point; |
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North 86° 47' 20" West, 33.94 feet to a point; |
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North 80° 35' 23" West, 16.67 feet to a point; |
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North 38° 12' 29" West, 18.66 feet to a point; |
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North 79° 25' 31" West, 31.83 feet to a point; |
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South 26° 43' 00" West, 14.77 feet to a point; |
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South 74° 59' 14" West, 14.75 feet to a point; |
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North 75° 53' 07" West, 49.46 feet to a point; |
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North 40° 42' 38" West, 20.62 feet to a point; |
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North 77° 34' 11" West, 76.16 feet to a point; |
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North 71° 38' 03" West, 86.16 feet to a point; |
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North 61° 51' 10" West, 86.94 feet to a point; |
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North 51° 55' 57" West, 56.28 feet to a point; |
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North 42° 04' 45" West, 49.09 feet to a point; |
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North 51° 50' 00" West, 52.83 feet to a point; |
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North 79° 27' 09" West, 60.68 feet to a point; |
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South 71° 25' 59" West, 54.76 feet to a point; |
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South 67° 11' 09" West, 70.30 feet to the southwest corner of the |
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herein described 219.599 acre tract (Tract "B"), same being the |
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southeast corner of that certain 59.804 acre tract conveyed by deed |
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to 517 Bayou, L.L.C., as recorded under County Clerk's File No. |
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2004054781 of the O.P.R.R.P.G.C.; |
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North 02° 04' 55" West along the common boundary line of said 59.804 |
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acre tract and said 219.115 acre tract (Tract "B"), at 16.09 feet |
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passing a found 5/8-inch iron rod, and continuing for a total |
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distance of 1,800.16 feet to a 5/8-inch iron rod found at a westerly |
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corner of the herein described 219.115 acre tract (Tract "B"), same |
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being the southwest corner of that certain 5.0 acre tract conveyed |
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by deed to Community Public Service Company, as recorded in Volume |
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1651, Page 679 of the Deed Records of Galveston County (D.R.G.C.); |
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North 87° 55' 16" East, 657.60 feet to a 5/8-inch iron rod with cap |
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set at a westerly interior corner of the herein described 219.115 |
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acre tract (Tract "B") and at the southeast corner of said 5.0 acre |
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tract; |
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North 02° 04' 44" West, 1,383.28 feet with the east boundary line of |
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said 5.0 acre tract to a 5/8-inch iron rod with cap set in the south |
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right-of-way line of the aforementioned F.M. 517, being the |
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northwest corner of the herein described 219.115 acre tract (Tract |
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"B") and the northeast corner of a tract of land conveyed by deed to |
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Robert P. McGuire, as recorded under County Clerk's File No. |
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2000044076 of the O.P.R.R.P.G.C.; |
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North 77° 42' 17" East, 1,875.03 feet along said south right-of-way |
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line to the POINT OF BEGINNING, containing 219.115 acres (9,544,630 |
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square feet) 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 |
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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 |
|
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 immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2007. |