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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 Clearwater Ranch Municipal Utility |
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District No. 1; providing authority to impose a tax and issue bonds; |
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granting a limited 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 8353 to read as follows: |
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CHAPTER 8353. CLEARWATER RANCH MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8353.001. 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 Clearwater Ranch Municipal |
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Utility District No. 1. |
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Sec. 8353.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8353.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. (a) The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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(b) If the creation of the district is not confirmed at a |
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confirmation election held under this section before December 31, |
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2013: |
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(1) the district is dissolved December 31, 2013, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Burnet County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2016. |
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Sec. 8353.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8353.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8353.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8353.006. 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 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 the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8353.007-8353.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8353.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8353.052, directors serve |
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staggered four-year terms. |
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Sec. 8353.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8353.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8353.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earliest of: |
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(1) the date permanent directors are elected under |
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Section 8353.003; |
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(2) the date the requirements of Section |
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8353.003(b)(1) are fulfilled; or |
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(3) September 1, 2016. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 8353.053-8353.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8353.101. 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. 8353.102. 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. 8353.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8353.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8353.105. 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 that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8353.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8353.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 8353.107. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more 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) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) 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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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district only |
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after the date on which the creation of the district is confirmed at |
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an election under Section 8353.003. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district |
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or provide that the owner or owners of a majority of the assessed |
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value of the real property in each new district may submit a |
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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; and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8353.003(a). A new district that is not confirmed is |
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subject to dissolution under general law. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8353.004 acts as municipal consent to the creation of any new |
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district created by division of the district and to the inclusion of |
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land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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[Sections 8353.108-8353.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8353.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8353.153. |
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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 payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8353.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8353.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 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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Sec. 8353.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8353.154-8353.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8353.201. 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, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8353.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8353.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Clearwater Ranch Municipal Utility District |
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No. 1 initially includes all the territory contained in the |
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following area: 1800.01 Acres of land, consisting of the 870.04 |
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acre tract described below as "TRACT 1", the 66.05 acre tract |
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described below as "TRACT 2", the 90.12 acre tract described below |
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as "TRACT 3" and 773.80 acre tract described below as "TRACT 4": |
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TRACT 1: Being 870.04 acres out of the Spring Creek IRR. Co. |
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Survey No. 22, A-1050, the S.F.I.W. Co. Survey No. 1, A-843, the |
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Johannes Braumholz Survey No. 954, A-109, the Jeptha Boyce Survey |
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No. 47, A-114, the R.R. Robarts Survey No. 963, A-765, the John |
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Hasseldanz Survey No. 959, A-430, and the Wayne Barton Survey No. 3, |
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A-112; Being a portion of a called 21,304.716 acre tract as |
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described in a Special Warranty Deed to Oakhurst Properties, L.P. |
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of record in Instrument File Number 700684, Real Property Records |
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of Burnet County, Texas; Said 21,304.716 acre tract being |
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referenced in the Correction Special Warranty Deed to Oakhurst |
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Properties, L.P. of record in Instrument File Number 0800010, Real |
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Property Records of Burnet County, Texas; and being more |
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particularly described by metes and bounds as follows: |
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BEGINNING at a point in a west line of the said 21,304.716 |
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acre tract, for the POINT OF BEGINNING of the tract described |
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herein; |
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THENCE with a west and south line of the said 21,304.716 acre |
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tract, the following twenty-three (23) courses and distances: |
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1. N 01° 44' 33" W a distance of 39.44 feet to a point of curvature, |
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2. with the arc of a curve to the right having a radius of 1195.10 |
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feet, an arc distance of 81.65 feet, and a chord of which bears S 84° |
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40' 47" E a distance of 81.63 feet to a point, |
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3. N 01° 07' 46" W a distance of 1928.52 feet to a point, |
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4. S 88° 18' 02" W a distance of 1966.50 feet to a point, |
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5. N 01° 58' 03" W a distance of 5180.83 feet to a point, |
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6. N 88° 00' 26" E a distance of 1161.15 feet to a point, |
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7. N 87° 18' 58" E a distance of 347.82 feet to a point, |
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8. N 87° 18' 56" E a distance of 1018.61 feet to a point, |
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9. N 88° 14' 21" E a distance of 1485.39 feet to a point, |
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10. S 77° 25' 44" E a distance of 204.78 feet to a point, |
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11. S 61° 02' 57" E a distance of 196.93 feet to a point, |
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12. N 85° 47' 32" E a distance of 162.77 feet to a point, |
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13. S 61° 28' 56" E a distance of 182.89 feet to a point, |
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14. S 03° 38' 40" E a distance of 387.97 feet to a point, |
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15. S 29° 50' 10 E a distance of 372.55 feet to a point, |
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16. S 56° 06' 57" E a distance of 129.92 feet to a point, |
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17. S 37° 58' 22" E a distance of 101.04 feet to a point, |
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18. N 75° 28' 05" E a distance of 140.83 feet to a point, |
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19. S 89° 37' 37" E a distance of 132.69 feet to a point, |
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20. N 31° 26' 53" E a distance of 516.63 feet to a point, |
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21. S 52° 36' 15" E a distance of 72.31 feet to a point, |
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22. S 53° 20' 10" E a distance of 374.14 feet to a point, and |
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23. S 53° 16' 09" E a distance of 467.48 feet to a point; |
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THENCE crossing the said 21,304.716 acre tract, the following |
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fifteen (15) courses and distances: |
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1. S 37° 03' 44" E a distance of 2152.43 feet to a point of |
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curvature, |
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2. with the arc of a curve to the right having a radius of 965.00 |
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feet, an arc distance of 168.13 feet, and a chord of which bears S |
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45° 56' 37" W a distance of 167.91 feet to a point, |
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3. S 50° 56' 05" W a distance of 150.90 feet to a point of |
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curvature, |
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4. with the arc of a curve to the right having a radius of 965.00 |
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feet, an arc distance of 148.69 feet, and a chord of which bears S |
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55° 20' 57" W a distance of 148.55 feet to a point, |
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5. S 59° 45' 48" W a distance of 175.46 feet to a point of |
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curvature, |
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6. with the arc of a curve to the left having a radius of 965.00 |
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feet, an arc distance of 449.47 feet, and a chord of which bears S |
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46° 25' 12" W a distance of 445.42 feet to a point, |
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7. S 33° 04' 36" W a distance of 149.14 feet to a point of |
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curvature, |
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8. with the arc of a curve to the left having a radius of 650.00 |
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feet, an arc distance of 467.73 feet, and a chord of which bears S |
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12° 27' 43" W a distance of 457.71 feet to a point, |
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9. S 08° 09' 10" E a distance of 77.76 feet to a point of curvature, |
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10. with the arc of a curve to the right having a radius of 450.00 |
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feet, an arc distance of 344.33 feet, and a chord of which bears S |
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13° 46' 06" W a distance of 335.99 feet to a point, |
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11. S 35° 41' 21" W a distance of 329.62 feet to a point of |
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curvature, |
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12. with the arc of a curve to the right having a radius of 965.00 |
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feet, an arc distance of 614.74 feet, and a chord of which bears S |
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53° 56' 20" W a distance of 604.40 feet to a point, |
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13. S 72° 11' 19" W a distance of 223.39 feet to a point of |
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curvature, |
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14. with the arc of a curve to the left having a radius of 965.00 |
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feet, an arc distance of 346.22 feet, and a chord of which bears S |
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61° 54' 38" W a distance of 344.37 feet to a point, and |
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15. S 51° 37' 56" W a distance of 1645.00 feet to a point; |
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THENCE with an interior line of the said 21,304.716 acre |
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tract, the following eight (8) courses and distances: |
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1. N 30° 34' 16" W a distance of 335.31 feet to a point, |
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2. N 37° 38' 09" W a distance of 269.46 feet to a point, |
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3. N 74° 23' 51" W a distance of 65.84 feet to a point, |
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4. S 37° 28' 46" E a distance of 108.89. feet to a point, |
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5. S 16° 44' 16" E a distance of 311.64. feet to a point, |
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6. S 27° 58' 37" E a distance of 456.02. feet to a point, |
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7. S 15° 58' 33" E a distance of 662.26. feet to a point, and |
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8. S 12° 09' 46" W a distance of 112.03. feet to a point; |
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THENCE crossing the said 21,304.716 acre tract, the following |
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six (6) courses and distances: |
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1. with the arc of a curve to the left having a radius of 11,273.10 |
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feet, an arc distance of 517.85 feet, and a chord of which bears N |
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77° 16' 44" W a distance of 517.80 feet to a point of compound |
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curvature, |
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2. with the arc of a curve to the left having a radius of 6956.95 |
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feet, an arc distance of 288.93 feet, and a chord of which bears N |
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79° 47' 04" W a distance of 288.91 feet to a point of compound |
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curvature, |
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3. with the arc of a curve to the left having a radius of 966.42 |
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feet, an arc distance of 285.74 feet, and a chord of which bears N |
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89° 26' 41" W a distance of 284.70 feet to a point, |
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4. S 82° 59' 52" W a distance of 342.99. feet to a point of |
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curvature, |
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5. with the arc of a curve to the right having a radius of 1318.17 |
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feet, an arc distance of 411.62 feet, and a chord of which bears N |
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84° 06' 10" W a distance of 409.95 feet to a point of reverse |
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curvature, and |
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6. with the arc of a curve to the left having a radius of 1611.43 |
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feet, an arc distance of 293.69 feet, and a chord of which bears N |
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80° 22' 41" W a distance of 293.29 feet to the POINT OF BEGINNING, |
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containing 870.04 acres of land; and |
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TRACT 2: Being 66.05 acres of land out of the Wayne Barton |
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Survey No. 3, A-112, the William J. Asher Survey No. 693, A-11, and |
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the John Hasseldanz Survey No. 959, A-430; being a portion of a |
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called 21,304.716 acre tract as described in a Special Warranty |
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Deed to Oakhurst Properties, L.P. of record in Instrument File |
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Number 700684, Real Property Records of Burnet County, Texas; said |
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21,304.716 acre tract being referenced in the Correction Special |
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Warranty Deed to Oakhurst Properties, L.P. of record in Instrument |
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File Number 0800010, Real Property Records of Burnet County, Texas; |
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and being more particularly described by metes and bounds as |
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follows: |
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BEGINNING at a point in an interior line of the said |
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21,304.716 acre tract, for the POINT OF BEGINNING of the tract |
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described herein; |
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THENCE with an interior line and a western line of the said |
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21,304.716 acre tract, the following thirty-six (36) courses and |
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distances: |
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1. S 12° 09' 46" W a distance of 513.70 feet to a point, |
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2. S 35° 53' 28" W a distance of 151.96 feet to a point, |
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3. S 55° 57' 49" W a distance of 109.21 feet to a point, |
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4. S 75° 26' 52" W a distance of 76.39 feet to a point, |
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5. N 89° 01' 42" W a distance of 107.23 feet to a point, |
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6. N 34° 15' 53" W a distance of 49.61 feet to a point, |
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7. N 39° 31' 17" W a distance of 109.25 feet to a point, |
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8. N 30° 02' 27" W a distance of 67.75 feet to a point, |
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9. S 85° 18' 47" W a distance of 41.19 feet to a point, |
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10. S 19° 00' 18" W a distance of 96.93 feet to a point, |
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11. S 03° 44' 34" W a distance of 116.52 feet to a point, |
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12. S 42° 53' 24" W a distance of 81.73 feet to a point, |
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13. S 71° 05' 19" W a distance of 222.63 feet to a point, |
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14. N 42° 48' 59" W a distance of 145.65 feet to a point, |
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15. S 21° 10' 17" W a distance of 197.97 feet to a point, |
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16. S 50° 10' 36" W a distance of 91.96 feet to a point, |
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17. S 73° 37' 59" W a distance of 88.80 feet to a point, |
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18. N 72° 05' 19" W a distance of 46.97 feet to a point, |
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19. N 46° 48' 36" W a distance of 30.88 feet to a point, |
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20. N 02° 01' 21" W a distance of 271.67 feet to a point, |
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21. S 71° 36' 05" W a distance of 211.06 feet to a point, |
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22. S 41° 56' 24" W a distance of 315.57 feet to a point, |
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23. S 59° 44' 22" W a distance of 407.41 feet to a point, |
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24. S 55° 04' 35" W a distance of 393.64 feet to a point, |
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25. S 77° 58' 46" W a distance of 216.79 feet to a point, |
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26. S 89° 37' 43" W a distance of 96.28 feet to a point, |
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27. N 41° 44' 38" W a distance of 161.69 feet to a point, |
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28. S 52° 50' 27" W a distance of 116.54 feet to a point; |
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29. N 74° 17' 39" W a distance of 94.22 feet to a point, |
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30. N 01° 35' 16" W a distance of 219.50 feet to a point, |
|
31. N 27° 33' 48" W a distance of 187.71 feet to a point, |
|
32. N 07° 28' 09" E a distance of 381.09 feet to a point, |
|
33. N 19° 36' 07" E a distance of 69.77 feet to a point, |
|
34. N 21° 21' 37" E a distance of 89.13 feet to a point, |
|
35. N 87° 32' 13" E a distance of 933.07 feet to a point, and |
|
36. N 01° 44' 33" W a distance of 685.02 feet to a point of |
|
curvature; |
|
THENCE crossing the said 21,304.716 acre tract, the following |
|
six (6) courses and distances: |
|
1. with the arc of a curve to the right having a radius of 1611.43 |
|
feet, an arc distance of 293.69 feet, and a chord of which bears S |
|
80° 22' 41" E a distance of 293.29 feet to a point of reverse |
|
curvature, |
|
2. with the arc of a curve to the left having a radius of 1318.17 |
|
feet, an arc distance of 411.62 feet, and a chord of which bears S |
|
84° 06' 10" E a distance of 409.95 feet to a point, |
|
3. N 82° 59' 52" E a distance of 342.99 feet to a point of |
|
curvature, |
|
4. with the arc of a curve to the right having a radius of 966.42 |
|
feet, an arc distance of 285.74 feet, and a chord of which bears S |
|
89° 26' 41" E a distance of 284.70 feet to a point of compound |
|
curvature, |
|
5. with the arc of a curve to the right having a radius of 6956.95 |
|
feet, an arc distance of 288.93 feet, and a chord of which bears S |
|
79° 47' 04" E a distance of 288.91 feet to a point of compound |
|
curvature, |
|
6. with the arc of a curve to the right having a radius of |
|
11,273.10 feet, an arc distance of 517.85 feet, and a chord of which |
|
bears S 77° 16' 44" E a distance of 517.80 feet to the POINT OF |
|
BEGINNING, containing 66.05 acres of land; and |
|
TRACT 3: Being 90.12 acres of land out of the Wayne Barton |
|
Survey No. 3, A-112, the William J. Asher Survey No. 693, A-11, and |
|
the John Hasseldanz Survey No. 959, A-430; being a portion of a |
|
called 21,304.716 acre tract as described in a Special Warranty |
|
Deed to Oakhurst Properties, L.P. of record in Instrument File |
|
Number 700684, Real Property Records of Burnet County, Texas; said |
|
21,304.716 acre tract being referenced in the Correction Special |
|
Warranty Deed to Oakhurst Properties, L.P. of record in Instrument |
|
File Number 0800010, Real Property Records of Burnet County, Texas; |
|
and being more particularly described by metes and bounds as |
|
follows: |
|
BEGINNING at a point in an interior line of the said |
|
21,304.716 acre tract, for the POINT OF BEGINNING of the tract |
|
described herein; |
|
THENCE crossing the said 21,304.716 acre tract, the following |
|
eight (8) courses and distances: |
|
1. with the arc of a curve to the right having a radius of |
|
11,273.10 feet, an arc distance of 128.50 feet, and a chord of which |
|
bears S 73° 54' 15" E a distance of 128.50 feet to a point of reverse |
|
curvature, |
|
2. with the arc of a curve to the left having a radius of 1,317.71 |
|
feet, an arc distance of 255.48 feet, and a chord of which bears S |
|
79° 07' 55" E a distance of 255.08 feet to a point of reverse |
|
curvature, |
|
3. with the arc of a curve to the right having a radius of 607.59 |
|
feet, an arc distance of 502.31 feet, and a chord of which bears S |
|
61° 00' 09" E a distance of 488.13 feet to a point of compound |
|
curvature, |
|
4. with the arc of a curve to the right having a radius of 400.80 |
|
feet, an arc distance of 429.83 feet, and a chord of which bears S |
|
06° 35' 46" E a distance of 409.53 feet to a point of compound |
|
curvature, |
|
5. with the arc of a curve to the right having a radius of 1133.46 |
|
feet, an arc distance of 441.33 feet, and a chord of which bears S |
|
35° 16' 52" W a distance of 438.55 feet to a point of reverse |
|
curvature, |
|
6. with the arc of a curve to the left having a radius of 1264.26 |
|
feet, an arc distance of 415.88 feet, and a chord of which bears S |
|
37° 00' 42" W a distance of 414.01 feet to a point of compound |
|
curvature, |
|
7. with the arc of a curve to the left having a radius of 600.99 |
|
feet, an arc distance of 556.00 feet, and a chord of which bears S |
|
01° 05' 04" W a distance of 536.39 feet to a point of compound |
|
curvature, and |
|
8. with the arc of a curve to the left having a radius of 798.92 |
|
feet, an arc distance of 408.33 feet, and a chord of which bears S |
|
40° 03' 39" E a distance of 403.90 feet to a point; |
|
THENCE with a south line and an interior line of the said |
|
21,304.716 acre tract, the following forty-two (42) courses and |
|
distances: |
|
1. N 89° 58' 50" W a distance of 65.58 feet to a point, |
|
2. S 88° 43' 19" W a distance of 1966.32 feet to a point, |
|
3. S 00° 00' 47" E a distance of 540.91 feet to a point, |
|
4. S 88° 03' 31" W a distance of 1510.53 feet to a point, |
|
5. N 46° 29' 55" E a distance of 637.86 feet to a point, |
|
6. N 64° 44' 13" E a distance of 258.92 feet to a point, |
|
7. N 53° 23' 17" E a distance of 117.03 feet to a point, |
|
8. S 83° 34' 48" E a distance of 54.02 feet to a point, |
|
9. S 04° 19' 09" E a distance of 111.22 feet to a point, |
|
10. S 08° 41' 40" W a distance of 38.84 feet to a point, |
|
11. S 22° 43' 53" E a distance of 41.31 feet to a point, |
|
12. N 62° 49' 16" E a distance of 54.63 feet to a point, |
|
13. N 60° 31' 18" E a distance of 85.09 feet to a point, |
|
14. N 39° 17' 25" E a distance of 85.64 feet to a point, |
|
15. N 14° 38' 43" E a distance of 93.63 feet to a point, |
|
16. N 26° 48' 58" E a distance of 124.75 feet to a point, |
|
17. N 32° 00' 31" E a distance of 172.29 feet to a point, |
|
18. N 28° 39' 34" E a distance of 210.95 feet to a point, |
|
19. N 25° 06' 51" E a distance of 155.56 feet to a point, |
|
20. N 38° 53' 57" E a distance of 127.37 feet to a point, |
|
21. N 68° 58'39" E a distance of 69.29 feet to a point, |
|
22. S 56° 59' 22" E a distance of 56.19 feet to a point, |
|
23. S 41° 45' 07" E a distance of 82.01 feet to a point, |
|
24. N 70° 48' 34" E a distance of 15.71 feet to a point, |
|
25. N 00° 12' 58" W a distance of 81.42 feet to a point, |
|
26. N 09° 59' 31" W a distance of 133.73 feet to a point, |
|
27. N 19° 57' 24" E a distance of 84.69 feet to a point, |
|
28. N 74° 15' 02" E a distance of 132.60 feet to a point, |
|
29. N 39° 30' 32" E a distance of 104.75 feet to a point, |
|
30. N 62° 08' 58" E a distance of 257.83 feet to a point, |
|
31. N 81° 48' 22" E a distance of 106.37 feet to a point, |
|
32. N 35° 49' 44" E a distance of 51.40 feet to a point, |
|
33. N 72° 52' 40" E a distance of 129.23 feet to a point, |
|
34. N 65° 44' 31" E a distance of 104.43 feet to a point, |
|
35. N 74° 22' 24" E a distance of 60.64 feet to a point, |
|
36. N 48° 58' 40" E a distance of 166.27 feet to a point, |
|
37. N 37° 23' 34" E a distance of 140.36 feet to a point, |
|
38. N 23° 42' 41" E a distance of 304.57 feet to a point, |
|
39. N 33° 22' 43" E a distance of 75.08 feet to a point, |
|
40. N 19° 04' 34" E a distance of 313.98 feet to a point, |
|
41. N 16° 59' 38" W a distance of 64.83 feet to a point, and |
|
42. N 20° 11' 16" E a distance of 23.09 feet to the POINT OF |
|
BEGINNING, containing 90.12 acres of land; and |
|
TRACT 4: Being 773.80 acres of land out of the Johannes |
|
Braunholz Survey No. 954, A-109, the L.R. Parks Survey No. 2, |
|
A-1140, the S.F.I.W. Co. Survey No. 3, A-845, the T. & N.O. RR. Co. |
|
Survey No. 17, A-916, the John Hasseldanz Survey No. 959, A-430, the |
|
Wayne Barton Survey No. 3, A-112, and the William Asher Survey No. |
|
693, A-11; Being a portion of a called 21,304.716 acre tract as |
|
described in the Special Warranty Deed to Oakhurst Properties, L.P. |
|
of record in Instrument File Number 700684, Real Property Records |
|
of Burnet County, Texas; Said 21,304.716 acre tract being reference |
|
din the Correction Special Warranty Deed to Oakhurst Properties, |
|
L.P. of record in Instrument File Number 0800010, Real Property |
|
Records of Burnet County, Texas; and being more particularly |
|
described by metes and bounds as follows: |
|
BEGINNING at a point at an interior corner of the said |
|
21,304.716 acre tract, for the POINT OF BEGINNING of the tract |
|
described herein; |
|
THENCE with a south and east line of the said 21,304.716 acre |
|
tract, the following seven (7) courses and distances: |
|
1. S 89° 38' 19" W a distance of 2318.51 feet to a point, |
|
2. S 00° 43' 57" E a distance of 2482.65 feet to a point, |
|
3. S 25° 55' 39" E a distance of 2196.15 feet to a point, |
|
4. S 89° 26' 42" W a distance of 1914.11 feet to a point, |
|
5. S 89° 08' 43" W a distance of 748.04 feet to a point, |
|
6. S 87° 55' 45" W a distance of 1130.14 feet to a point, and |
|
7. N 89° 58' 50" W a distance of 73.15 feet to a point of curvature; |
|
THENCE crossing the said 21,304.716 acre tract, the following |
|
eight (8) courses and distances: |
|
1. with the arc of a curve to the right having a radius of 798.92 |
|
feet, an arc distance of 408.33 feet, and a chord of which bears N |
|
40° 03' 39" W a distance of 403.90 feet to a point of compound |
|
curvature, |
|
2. with the arc of a curve to the right having a radius of 600.99 |
|
feet, an arc distance of 556.00 feet, and a chord of which bears N |
|
01° 05' 04" E a distance of 536.39 feet to a point of compound |
|
curvature, |
|
3. with the arc of a curve to the right having a radius of 1264.26 |
|
feet, an arc distance of 415.88 feet, and a chord of which bears N |
|
37° 00' 42" E a distance of 414.01 feet to a point of reverse |
|
curvature, |
|
4. with the arc of a curve to the left having a radius of 1133.46 |
|
feet, an arc distance of 441.33 feet, and a chord of which bears N |
|
35° 16' 52" E a distance of 438.55 feet to a point of compound |
|
curvature, |
|
5. with the arc of a curve to the left having a radius of 400.80 |
|
feet, an arc distance of 429.83 feet, and a chord of which bears N |
|
06° 35' 46" W a distance of 409.53 feet to a point of compound |
|
curvature, |
|
6. with the arc of a curve to the left having a radius of 607.59 |
|
feet, an arc distance of 502.31 feet, and a chord of which bears N |
|
61° 00' 09" W a distance of 488.13 feet to a point of reverse |
|
curvature, |
|
7. with the arc of a curve to the right having a radius of 1,317.71 |
|
feet, an arc distance of 255.48 feet, and a chord of which bears N |
|
79° 07' 55" W a distance of 255.08 feet to a point of reverse |
|
curvature, and |
|
8. with the arc of a curve to the left having a radius of 11,273.10 |
|
feet, an arc distance of 128.50 feet, and a chord of which bears N |
|
73° 54' 15" W a distance of 128.50 feet to a point; |
|
THENCE with an interior line of the said 21,304.716 acre |
|
tract, the following five (5) courses and distances: |
|
1. N 20° 11' 16" E a distance of 27.57 feet to a point, |
|
2. N 87° 16' 17" E a distance of 158.53 feet to a point, |
|
3. N 72° 08' 03" E a distance of 80.32 feet to a point, |
|
4. N 59° 29' 17" W a distance of 155.40 feet to a point, and |
|
5. N 30° 34' 16" W a distance of 1120.38 feet to a point |
|
THENCE crossing the said 21,304.716 acre tract, the following |
|
fifteen (15) courses and distances: |
|
1. N 51° 37' 56" E a distance of 1645.00 feet to a point of |
|
curvature, |
|
2. with the arc of a curve to the right having a radius of 965.00 |
|
feet, an arc distance of 346.22 feet, and a chord of which bears N |
|
61° 54' 38" E a distance of 344.37 feet to a point, |
|
3. N 72° 11' 19" E a distance of 223.39 feet to a point of |
|
curvature, |
|
4. with the arc of a curve to the left having a radius of 965.00 |
|
feet, an arc distance of 614.74 feet, and a chord of which bears N |
|
53° 56' 20" E a distance of 604.40 feet to a point, |
|
5. N 35° 41' 21" E a distance of 329.62 feet to a point of |
|
curvature, |
|
6. with the arc of a curve to the left having a radius of 450.00 |
|
feet, an arc distance of 344.33 feet, and a chord of which bears N |
|
13° 46' 06" E a distance of 335.99 feet to a point, |
|
7. N 08° 09' 10"W a distance of 77.77 feet to a point of curvature, |
|
8. with the arc of a curve to the right having a radius of 650.00 |
|
feet, an arc distance of 467.73 feet, and a chord of which bears N |
|
12° 27' 43" E a distance of 457.71 feet to a point, |
|
9. N 33° 04' 36" E a distance of 149.14 feet to a point of |
|
curvature, |
|
10. with the arc of a curve to the right having a radius of 965.00 |
|
feet, an arc distance of 449.47 feet, and a chord of which bears N |
|
46° 25' 12" E a distance of 445.42 feet to a point, |
|
11. N 59° 45' 48" E a distance of 175.46 feet to a point of |
|
curvature, |
|
12. with the arc of a curve to the left having a radius of 965.00 |
|
feet, an arc distance of 148.69 feet, and a chord of which bears N |
|
55° 20' 57" E a distance of 148.55 feet to a point, |
|
13. N 50° 56' 05" E a distance of 150.90 feet to a point of |
|
curvature, |
|
14. with the arc of a curve to the left having a radius of 965.00 |
|
feet, an arc distance of 168.13 feet, and a chord of which bears N |
|
45° 56' 37" E a distance of 167.91 feet to a point, and |
|
15. N 37° 03' 44" W a distance of 2152.43 feet to a point; |
|
THENCE with an interior line of the said 21,304.716 acre |
|
tract, the following five (5) courses and distances: |
|
1. N 29° 22' 42" E a distance of 208.41 feet to a point, |
|
2. N 51° 02' 36" E a distance of 151.27 feet to a point, |
|
3. N 64° 33' 37" E a distance of 148.51 feet to a point, |
|
4. N 28° 41' 14" E a distance of 592.04 feet to a point, and |
|
5. N 27° 35' 39" E a distance of 118.08 feet to a point; |
|
THENCE crossing the said 21,304.716 acre tract, the following |
|
fifteen (15) courses and distances: |
|
1. S 66° 36' 52" E a distance of 457.43 feet to a point, |
|
2. S 33° 30' 06" E a distance of 451.35 feet to a point, |
|
3. S 59° 30' 16" E a distance of 376.53 feet to a point, |
|
4. N 64° 15' 36" E a distance of 471.65 feet to a point, |
|
5. S 63° 39' 20" E a distance of 611.38 feet to a point, |
|
6. N 73° 46' 08" E a distance of 240.54 feet to a point, |
|
7. S 56° 55' 21" E a distance of 408.57 feet to a point, |
|
8. N 80° 47' 34" E a distance of 478.13 feet to a point, |
|
9. S 81° 22' 28" E a distance of 416.69 feet to a point, |
|
10. S 30° 06' 52" E a distance of 966.78 feet to a point, |
|
11. S 78° 06' 19" E a distance of 1843.43 feet to a point, |
|
12. S 38° 32' 40" E a distance of 311.43 feet to a point, |
|
13. S 62° 59' 05" W a distance of 673.48 feet to a point of |
|
curvature, |
|
14. with the arc of a curve to the right having a radius of 4000.00 |
|
feet, an arc distance of 2117.86 feet, and a chord of which bears S |
|
78° 09' 10" W a distance of 2093.21 feet to a point, and |
|
15. S 00° 39' 29" E a distance of 1891.59 feet to the POINT OF |
|
BEGINNING, and containing 773.80 acres of land. |
|
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. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
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, 2009. |