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A BILL TO BE ENTITLED
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AN ACT
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relating to the Parklands Municipal Utility District No. 1; |
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providing authority to impose a tax and issue bonds. |
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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 8368 to read as follows: |
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CHAPTER 8368. PARKLANDS MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8368.001. 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 Parklands Municipal Utility |
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District No. 1. |
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Sec. 8368.002. 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. 8368.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. 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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Sec. 8368.004. ELECTION DATES. Section 41.001(a), Election |
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Code, does not apply to an election to: |
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(1) confirm the district's creation; |
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(2) elect initial permanent directors; or |
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(3) approve a maintenance tax, bond, or contract. |
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Sec. 8368.005. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8368.003 |
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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. 8368.006. TERRITORY ADDED. (a) The territory |
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described by Section 2 of the Act creating this chapter is added to |
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the district's territory as of the effective date of this section. |
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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 8368.007-8368.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8368.051. 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 8368.052, directors serve |
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staggered four-year terms. |
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Sec. 8368.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Benjamin B. Tolson; |
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(2) Jordan R. Smith; |
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(3) Shad Schmid; |
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(4) Ryan N. Stevens; and |
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(5) Janet Cobbel. |
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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 8368.003; 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 8368.003 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 earlier of: |
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(1) the date permanent directors are elected under |
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Section 8368.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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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 8368.053-8368.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8368.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8368.102. 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, |
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including bridges, storm drainage, and other improvements or |
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appurtenances in aid of those roads. |
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Sec. 8368.103. 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 a municipality or county will maintain and operate |
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the road, the municipality or county must approve the plans and |
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specifications of the road project. |
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(d) 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. 8368.104. 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 or assessments. |
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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, including the power to divide in accordance |
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with this section. |
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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: |
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(1) the territory of the district at the time the |
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district was created; or |
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(2) the area described by Section 2 of the Act creating |
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this 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 according to the most recent |
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certified appraisal roll for each county in which the district is |
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located, may adopt an order dividing the district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8368.003 to confirm the district's creation. |
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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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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 8368.003. |
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(i) Any new district created by the division of the district |
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must hold an election as required by Chapters 49 and 54, Water Code, |
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and this chapter to obtain voter approval before the district may |
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impose a maintenance tax or issue bonds payable wholly or partly |
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from ad valorem taxes. |
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[Sections 8368.105-8368.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8368.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds issued under |
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Section 8368.201. |
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[Sections 8368.152-8368.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8368.201. BONDS FOR ROAD PROJECTS. (a) The district |
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may not issue bonds payable from ad valorem taxes 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 the district voters voting at an election held for that |
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purpose. |
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(b) At the time of issuance, the total principal amount of |
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bonds or other obligations issued or incurred to finance road |
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projects and payable from ad valorem taxes may not exceed |
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one-fourth of the assessed value of the real property in the |
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district. |
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SECTION 2. The Parklands Municipal Utility District No. 1 |
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includes all the territory contained in the following area in |
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addition to the district's territory immediately before the |
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effective date of this Act: |
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TRACT ONE LEGAL DESCRIPTION |
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DESCRIBING 928.19 ACRES OF LAND OUT OF THE CHRISTOPHER WALTER |
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SURVEY A-495, THE ARMAND WELCH SURVEY A-494 AND THE D.A. NANCE |
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SURVEY A-684, ALL IN HAYS COUNTY, TEXAS, SAME BEING A PORTION OF A |
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580.054 TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 03024985 |
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OF THE OFFICIAL PUBLIC RECORDS OF SAID HAYS COUNTY, A PORTION OF A |
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386.954 ACRE TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. |
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9928116 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, AND ALL OF A |
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19.277 ACRE TRACT DESCRIBED IN A DEED RECORDED IN VOLUME 2283, PAGE |
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749 OF THE DEED RECORDS OF SAID COUNTY, SAID 928.19 ACRES BEING MORE |
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PARTICULARLY DESCRIBED AS FOLLOWS: |
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BEGINNING at an iron pipe found at the most northerly corner |
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of said 386.954 acre tract, said iron pipe being in the south |
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right-of-way of Rohde Road also designated County Road 126; |
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Thence, with said south Right of Way line S47°04'13"E for |
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650.80 feet; |
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Thence, with the northwest line of a 13.14 acre tract |
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described in a deed recorded in Volume 3200, Page 560 of the Deed |
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Records of said County, S43°45'03"W, 603.68 feet to an iron rod set |
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at the southeast corner of that 1.40 acre tract of land described in |
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a deed to Hays CISD as recorded in Document Number 2008-80010641 of |
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the Deed Records of said County; |
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Thence, with the east, north and west lines of said 1.40 acre |
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tract, the following three (3) courses: |
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1) N17°27'45"W, 378.15 feet to an iron rod set; |
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2) S43°44'54"W, 184.28 feet to an iron rod set; |
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3) S17°27'45"E, 378.14 feet to an iron rod set; |
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Thence, with the west, south and east lines of said 13.14 acre |
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tract, the following seven (7) courses: |
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1) S43°45'03"W for 180.09 feet to an iron rod found; |
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2) S72°37'43"E for 458.04 feet to an iron rod found at the |
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beginning of a horizontal curve the radius point of which bears |
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S17°21'35"W, 349.70 feet; |
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3) Along said curve through a central angle of 28°08'48" for |
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an arc distance of 171.79 feet and whose chord bears S 58°34'01"E, |
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170.07 to an iron rod found; |
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4) S44°32'12"E for 93.29 feet to an iron rod found at the |
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beginning of a horizontal curve, the radius point of which bears |
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N45°31'27"E, 25.00 feet; |
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5) Along said curve through a central angle of 90°10'44" for |
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an arc distance of 39.35 feet and whose chord bears S89°33'55"E, |
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35.41 feet to a point; |
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6) N45°28'02"E for 631.36 feet to a point; |
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7) N0°14'22"W for 119.68 feet to an iron rod found in the south |
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Right of Way of said Rohde Road; |
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Thence, with said south Right of Way S47°13'16"E for 258.41 |
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feet to an iron rod found at the most northerly corner of a 7.00 acre |
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tract described in a deed recorded in Document No. 9909010 of the |
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Official Public Records of said Hays County; |
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Thence, with the west, south and East lines of said 7.00 acres |
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the following three (3) courses: |
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1) S42°51'06"W for 634.09 feet to an iron rod found; |
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2) S47°12'07"E for 481.23 feet iron rod found; |
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3) N42°53'17"E for 150.56 feet iron rod found at the most |
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easterly corner of a 1.55 acre tract described in a deed recorded in |
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Document No. 999006 of the Official Public records of said Hays |
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County; |
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Thence, with the south line of said 1.55 acres S47°13'03"E for |
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410.16 feet to an iron rod found in the northwest line of a 66.38 |
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acre tract described in a deed recorded in Volume 3200, Page 560 of |
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the deed records of said Hays County; |
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Thence, with the west and south lines of said 66.38 acres the |
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following twenty eight (28) courses: |
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1) S42°39'26"W for 949.13 feet to a point; |
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2) S27°18'12"W for 204.33 feet to a point at the beginning of |
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a horizontal curve the radius point of which bears S62°41'43"E, |
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25.00 feet; |
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3) Along said curve through a central angle of 48°12'31" for |
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an arc distance of 21.04 feet and whose chord bears S03°12'01"W, |
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20.42 feet to a point; |
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4) S20°54'11"E for 56.97 feet to a point at the beginning of a |
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horizontal curve the radius point of which bears S69°05'52"W, 175.00 |
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feet; |
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5) Along said curve through a central angle of 31°26'39" for |
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an arc distance of 96.04 feet and whose chord bears S05°10'49"E, |
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94.84 feet to a point; |
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6) S10°32'33"W for 81.44 feet to a point at the beginning of a |
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horizontal curve the radius point of which bears S79°16'04"E, 25.00 |
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feet; |
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7) Along said curve through a central angle of 87°25'07" for |
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an arc distance of 38.14 feet and whose chord bears S32°58'38"E, |
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34.55 feet to a point at the beginning of a horizontal curve the |
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radius point of which bears S13°08'42"W, 1625.00 feet; |
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8) Along said curve through a central angle of 1°16'38", for |
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an arc distance of 36.22 feet and whose chord bears S76°12'59"E, |
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36.22 feet to a point at the beginning of a horizontal curve the |
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radius point of which bears S14°25'20"W, 1625.00 feet; |
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9) Along said curve through a central angle of 0°34'28" for |
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an arc distance of 16.29 feet and whose chord bears S75°17'26"E, |
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16.29 feet to a point at the beginning of a horizontal curve the |
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radius point of which bears S14°59'49"W, 1625.00 feet; |
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10) Along said curve through a central angle of 2°17'53" for |
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an arc distance of 65.17 feet and whose chord bears S73°51'15"E, |
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65.17 feet to a point at the beginning of a horizontal curve the |
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radius point of which bears S17°17'42"W, 125.00 feet; |
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11) Along said curve through a central angle of 34°54'20" for |
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an arc distance of 76.15 feet and whose chord bears S55°15'08"E, |
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74.98 feet to a point; |
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12) Thence, S37°47'57"E for 508.31 feet to a point at the |
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beginning of a horizontal curve the radius point of which bears |
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S52°12'04"W, 125.00 feet; |
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13) Along said curve through a central angle of 47°01'35" for |
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an arc distance of 102.60 feet and whose chord bears S14°17'09"E, |
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99.74 feet to a point; |
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14) Thence, S9°13'39"W for 168.56 feet; |
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15) Thence, S10°50'01"W for 38.35 feet; |
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16) Thence, S72°48'50"E for 245.61 feet; |
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17) Thence, N46°29'55"E for 53.98 feet to a point at the |
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beginning of a horizontal curve the radius point of which bears |
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S43°29'58"E, 50.00 feet; |
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18) Along said curve through a central angle of 4°38'32" for |
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an arc distance of 4.05 feet and whose chord bears N48°49'18"E, 4.05 |
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feet to a point; |
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19) Thence, N51°08'41"E for 78.97 feet; |
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20) Thence, N58°31'09"E for 47.60 feet; |
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21) Thence, N63°58'34"E for 47.60 feet; |
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22) Thence, N69°25'59"E for 47.60 feet; |
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23) Thence, N77°46'06"E for 497.54 feet; |
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24) Thence, N76°38'06"E for 378.51 feet; |
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25) Thence, N75°13'11"E for 338.23 feet; |
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26) Thence, N67°06'40"E for 247.43 feet; |
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27) Thence, N62°06'40"E for 392.14 feet; |
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28) Thence, N43°32'30"E for 48.17 feet to a point in the south |
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right of way line of said Rohde Road; |
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Thence, with said south line the following two (2) courses: |
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1) S46°27'51"E for 438.63 feet to a PK nail found in a fence |
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post; |
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2) S46°27'39"E for 1013.76 feet to an iron rod found at the |
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most easterly corner of said 580.054 acres and the herein described |
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tract; |
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Thence, with the east line of said 544.054 acres and the west |
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line of El Camino Real, an abandoned roadway, the following seven |
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(7) courses: |
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1) S57°04'23"W for 287.92 feet to a PK nail found in a fence |
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post; |
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2) S60°50'45"W for 981.92 feet to a PK nail found in a fence |
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post; |
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3) S54°33'21"W for 157.41 feet to a point; |
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4) S47°43'22"W for 192.44 feet to a PK nail found in a fence |
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post; |
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5) S40°44'33"W for 1462.10 feet to a point; |
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6) S52°12'31"W for 534.37 feet to a PK nail found in a fence |
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post; |
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7) S55°12'15"W for 99.88 feet to a point at the most easterly |
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corner of said 19.277 acres; |
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Thence, with the east line of said 19.277 acres and said west |
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line of El Camino Real S55°38'03"W for 465.78 feet to a point; |
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Thence, with the east line of said 19.277 acres S54°15'22"W |
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for 237.09 feet to a point |
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Thence, with the south line of said 19.277 acres and in part |
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with the north line of lot 2, El Camino Real Estates, a subdivision |
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recorded in Book 7, Page 269 of the Plat Records of said Hays |
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County, and in part with the north line of a 9.970 acre tract |
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described in a deed recorded in Volume 1085, Page 547 and Volume |
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1891, Page 409 of the deed records of said county, N46°40'09"W for |
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742.06 feet to an iron rod found; |
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Thence, with the west line of said 9.970 acres S42°44'50"W for |
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1148.63 feet to the most easterly point of a 33.57 acre tract |
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described in a deed as recorded in Volume 3200, Page 560 of the deed |
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records of said county; |
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Thence, with the north, west and south lines of said 33.57 |
|
acres the following seventeen (17) courses: |
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1) N47°18'18"W for 270.18 feet to a point; |
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2) N32°51'01"W for 187.92 feet to a point; |
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3) N37°24'25"W for 530.74 feet to a point; |
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4) N37°26'57"W for 80.18 feet to a point; |
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5) N40°36'02"W for 217.24 feet to a point; |
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6) N40°52'21"W for 33.16 feet to a point; |
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7) N49°52'50"W for 143.73 feet to a point; |
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8) S68°43'00"W for 39.67 feet to a point; |
|
9) S28°19'23"W for 208.89 feet to a point at the beginning of |
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a horizontal curve the radius point of which bears N62°43'46"W, and |
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2681.32 feet |
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10) Along said curve through a central angle of 3°25'40" for |
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an arc distance of 160.41 feet and whose chord bears S28°59'04"W, |
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160.39 feet to a point; |
|
11) S33°13'37"W for 53.33 feet to a point at the beginning of |
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a horizontal curve the radius point of which bears N55°17'48"W, and |
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1035.00 feet; |
|
12) Along said curve through a central angle of 5°50'56" for |
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an arc distance of 105.66 feet and whose chord bears S37°37'40"W, |
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105.61 feet to a point; |
|
14) S42°38'02"W for 678.96 feet to a point; |
|
15) S47°18'18"E for 430.00 feet to a point; |
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16) N42°41'42"E for 120.00 feet; |
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17) S47°18'18"E for 924.14 feet to a point in the east line of |
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said 580.054 acres and in the west line of said 9.970 acres; |
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Thence, with the west line of said 9.970 acres S42°44'50"W for |
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170.99 feet to a PK nail found in a fence post at the most northerly |
|
corner of an 80.36 acre tract described in a deed recorded in Volume |
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294, Page 349 of the deed records of said county; |
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Thence, with the west line of said 80.36 acres S42°48'37"W for |
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2017.58 feet to a nail found in a fence post in the south line of |
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said 580.054 acre tract; |
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Thence, in part with the north line of a 222.099 acre tract |
|
described in a deed recorded in Volume 2084, Page 707 of the deed |
|
records of said county, N46°59'17"W for 898.75 feet to a point and |
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N48°00'54"W for 496.20 feet to a concrete monument found at the most |
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easterly corner of a 203 acre tract described in a deed recorded in |
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Volume 1703, Page 587 of the deed records of said County; |
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Thence, continuing with the north line of said 203 acres and |
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the north line of a 80 acre tract described in a deed recorded in |
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Volume 1679, Page 405 of the deed records of said County, |
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N46°04'15"W for 1036.80 feet to an iron rod found and N51°04'03"W for |
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1743.37 feet to a fence post and N47°29'18"W for 686.69 feet to an |
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iron pipe found in an east line of an 811.315 acre tract of land |
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described in a deed recorded in Document No. 9917880 of the Official |
|
Public Records of said Hays county; |
|
Thence, with the east line of said 811.315 acres N42°48'24"E |
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for 1993.62 feet to an iron rod found and N42°22'36"E for 1641.39 |
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feet to a fence post at the most southerly corner of a 368.2 acre |
|
tract described in a deed recorded in volume 239, Page587 of the |
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deed records of said county; |
|
Thence, with the east line of said 368.2 acre tract and an |
|
east line of a 130 acre tract described in a deed recorded in Volume |
|
849, Page 728 of the deed records of said County, N42°56'47"E for |
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5116.97 feet to the Point of Beginning containing 928.19 ACRES OF |
|
LAND within these metes and bounds; |
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TRACT TWO LEGAL DESCRIPTION |
|
DESCRIBING A TRACT OF LAND CONTAINING 257.66 ACRES, BEING A |
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PORTION OF THE ARMAND WELCH SURVEY A-494, I. & G.N. RAILROAD CO. |
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SURVEY A-577, JAMES M. W. HALL SURVEY A-227 AND THE SAMUEL LITTLE |
|
SURVEY A-286, HAYS COUNTY, TEXAS ALSO BEING A PORTION OF THAT |
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CERTAIN 811.315 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO |
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RICK ANDERSON, PAUL SCHAEFER, AND SUSAN G. SNOW EXECUTED ON JULY 15, |
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1999 AND RECORDED IN DOCUMENT NUMBER 9917880 OF THE OFFICIAL PUBLIC |
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RECORDS OF THE SAID COUNTY, SAID 257.66 ACRES BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at a fence corner post found for the most easterly |
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corner of said 811.315 acre tract, said fence corner being in a |
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northwest line of that certain 386.954 acre tract described in a |
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deed to Rohde Lane Group, Ltd. as recorded in Document #9928116 of |
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the said Official Public Records; |
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THENCE, along the northwesterly line of the said 386.954 acre |
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tract, S 42° 22' 29" W a distance of 1641.37 feet to a fence post and |
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S 42° 48' 54" W a distance of 1994.15 feet to an iron pipe found in |
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the northeast line of that certain 80 acre tract described in a deed |
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to Jackie Ray Schawe and Vickie Sue Schawe as recorded in Volume |
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1679 Page 405 of the said Official Public Records; |
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THENCE with the said line of the Schawe tract, N 46° 57' 53" W |
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a distance of 1004.59 feet to a fence post found and N 46° 57' 20" W a |
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distance of 427.28 feet to a fence post found at end of the |
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southeast line of County Road 128; |
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THENCE, along said County Road 128, the following four (4) |
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courses: |
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1. N 50° 19' 02" W a distance of 51.68 feet to a fence |
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post found; |
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2. S 47° 54' 28" W a distance of 31.84 feet to a fence |
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post found; |
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3. S 47° 53' 50" E a distance of 9.76 feet to a fence |
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corner post on the northwesterly R.O.W. line of County road 128 as |
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fenced; |
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4. S 42° 42' 50" W, 2285.24 feet to a point; |
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THENCE, through the interior of said 811.315 acre tract, the |
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following twenty-two (22) courses: |
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1. N02°47'53"W, 308.38 feet to a point; |
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2. Along a curve to the left having a radius of 60.00 |
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feet, central angle of 128°03'31" and chord bearing of N10°51'05"E |
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and chord distance of 107.88 feet to a point; |
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3. Along a curve to the left with a radius of 430.00 |
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feet, central angle of 09°28'22" and chord bearing of N57°54'52"W and |
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chord distance of 71.01 feet to a point; |
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4. N18°45'59"E, a distance of 170.57 feet to a point; |
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5. N00°02'43"E, a distance of 204.98 feet to a point; |
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6. Along a curve to the left with a radius of 60.00 |
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feet, central angle of 71°55'00" and chord bearing of N03°40'47"E and |
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chord distance of 70.46 feet to a point; |
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7. N10°46'26"E, a distance of 191.38 feet to a point; |
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8. N09°37'08"E, a distance of 200.23 feet to a point; |
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9. N15°41'31"E, a distance of 195.32 feet to a point; |
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10. N18°27'06"E, a distance of 148.65 feet to a point; |
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11. N19°39'00"E, a distance of 162.54 feet to a point; |
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12. Along a curve to the right with a radius of 450.00 |
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feet, central angle of 05°01'44" and chord bearing of S84°19'28"W and |
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chord distance of 39.48 feet to a point; |
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13. Along a curve to the left with a radius of 60.00 |
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feet, central angle of 94°24'42" and chord bearing of N39°37'59"E and |
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chord distance of 88.06 feet to a point; |
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14. N31°24'45"E, a distance of 150.73 feet to a point; |
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15. N29°30'29"E, a distance of 173.50 feet to a point; |
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16. N32°25'50"E, a distance of 262.06 feet to a point; |
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17. Along a curve to the left with a radius of 60.00 |
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feet, central angle of 97°58'52" and chord bearing of N30°23'59"E and |
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chord distance of 90.55 feet to a point; |
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18. N42°55'24"E, a distance of 149.43 feet to a point; |
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19. N43°26'00"E, a distance of 1593.30 feet to a point; |
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20. N42°55'23"E, a distance of 983.76 feet to a point; |
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21. N42°33'11"E, a distance of 639.21 feet to a point; |
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22. N42°33'53"E, a distance of 329.50 feet to a point in |
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the southwest line of that 125.52 acre tract described in a deed to |
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Thaddeus Charles McCormick III as recorded in Volume 748 Page 143 of |
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the Deed Records of said County; |
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THENCE S 48° 43' 36" E a distance of 164.64 feet to a fence |
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post found and S 53° 32' 50" E a distance of 22.34 feet to a fence |
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post found at the southerly corner of said McCormick Tract; |
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THENCE S 41° 51' 32" W a distance of 113.47 feet to a fence |
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post found at the westerly corner of that certain 368.2 acre tract |
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described in a Deed to Flora Nickel as recorded in Volume 239, Page |
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587 of the said Official Public Records; |
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THENCE along the southwesterly line of said Nickel tract, the |
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following three (3) courses: |
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1. S 52° 10' 20" E a distance of 1445.87 feet to a fence |
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post found; |
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2. S 51° 28' 34" E a distance of 987.00 feet to a fence |
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post found; |
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3. S 40° 11' 03" E a distance of 25.20 feet to the POINT |
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OF BEGINNING and containing 257.66 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect 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 |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |