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AN ACT
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relating to the creation of the Seven Oaks Ranch Municipal Utility |
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District; 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 8347 to read as follows: |
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CHAPTER 8347. SEVEN OAKS RANCH MUNICIPAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8347.001. 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 Seven Oaks Ranch Municipal |
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Utility District. |
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Sec. 8347.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under and essential to |
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accomplish the purposes of Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 8347.003. CONFIRMATION ELECTION REQUIRED. (a) The |
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board shall hold an election to confirm the creation of the district |
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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 before September 1, 2013: |
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(1) the district is dissolved September 1, 2013, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Williamson County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2016. |
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Sec. 8347.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8347.003 |
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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. 8347.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All |
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land and other property in the district will benefit from the |
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improvements and services to be provided by the district. |
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Sec. 8347.006. 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 a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose an assessment or tax; or |
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(4) legality or operation. |
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[Sections 8347.007-8347.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8347.051. 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 8347.052, directors serve |
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staggered four-year terms. |
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Sec. 8347.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Edward Rathgeber; |
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(2) R. Tim Mitchell; |
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(3) Mike Wittenberg; |
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(4) Marcos Canchola; and |
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(5) Bob Brent. |
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(b) Unless the initial board agrees otherwise, the initial |
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directors shall draw lots to determine which two shall serve until |
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the first regularly scheduled election of directors and which three |
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shall serve until the second regularly scheduled election of |
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directors. |
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(c) This section expires September 1, 2016. |
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[Sections 8347.053-8347.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8347.101. 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. 8347.102. 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. 8347.103. REGIONAL WASTE DISPOSAL POWERS AND DUTIES. |
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The district has the powers and duties applicable to a district |
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under Chapter 30, Water Code. |
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Sec. 8347.104. COMPLIANCE WITH MUNICIPAL CONSENT |
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RESOLUTION. The district shall comply with all applicable |
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requirements of any resolution, adopted by the governing body of a |
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municipality under Section 54.016, Water Code, 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. 8347.105. WASTEWATER TREATMENT FACILITY DESIGN |
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APPROVAL. The district must obtain the approval of the Brazos River |
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Authority for the design of any district wastewater treatment |
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facility. |
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Sec. 8347.106. WASTEWATER SERVICE PROVIDERS. Only the |
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Brazos River Authority or a provider approved by the Brazos River |
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Authority may provide wastewater service in the district. |
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Sec. 8347.107. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT. |
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The district shall comply with the terms of the "Agreement |
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Regarding Sewer Services Areas and Customers" among the Lower |
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Colorado River Authority, the Brazos River Authority, the City of |
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Georgetown, the City of Liberty Hill, and the Chisholm Trail |
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Special Utility District dated February 1, 2005. |
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Sec. 8347.108. STREET REPAIR AND MAINTENANCE. (a) After |
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September 1, 2019, the district, at the district's expense, shall |
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repair and maintain any streets in the district. |
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(b) A district's repair and maintenance of streets under |
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this section must meet all applicable construction standards and |
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regulations of Williamson County. |
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Sec. 8347.109. 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 a recreational facility |
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as defined by Section 49.462, Water Code. |
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[Sections 8347.110-8347.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8347.151. 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 revenue or contract payments from a source |
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other than ad valorem taxation. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) An ad valorem tax rate imposed by the district may not |
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exceed the rate approved at the election. |
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Sec. 8347.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8347.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district as provided by 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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[Sections 8347.153-8347.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8347.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, grants, or other district money, or any combination of |
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those sources, to pay for any authorized district purpose. |
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Sec. 8347.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, at a rate not to exceed the rate approved at an |
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election held under Section 8347.151, for each year that all or part |
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of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. The Seven Oaks Ranch Municipal Utility District |
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initially includes all the territory contained in the following |
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area: |
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DESCRIPTION FOR JAY ALAN LANSDALE ET. UX. - ROBERT D. WUNSCH, |
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TRUSTEE |
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BEING 35.00 acres of the William Ashworth Survey, Abstract |
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No. 24, in Williamson County, Texas. This tract is the same property |
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called 35 acres as described in a deed to Jay A. Lansdale, et. ux., |
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of record in Doc. 2004025768, Official Records of Williamson |
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County, Texas (ORWCT). This tract was surveyed on the ground in |
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April of 2008, by William F. Forest, Jr., Registered Professional |
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Land Surveyor No. 1847. Survey note: The bearing basis for this |
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survey is the State Plane Coordinate System, Grid North, Texas |
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Central Zone. |
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BEGINNING at an iron pin which was found in the curved South |
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line of State Highway 29, at the Northwest corner of a 49.99 acre |
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tract which is described in a deed to River Chase Subdivision II |
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Ltd. of record in Doc. 2007104313 (ORWCT), and at the Northeast |
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corner of the said 35 ac. property of Jay A. Lansdale. |
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THENCE along or near the general line of an existing fence, |
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with the East boundary Lansdale and the West boundary of the said |
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49.99 acre tract, S 20 deg. 32 min. 40 sec. E at 2468.65 feet pass an |
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iron pin found, continuing an additional (L10) 126.38 feet, in all |
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2595.03 feet to the approximate center of the San Gabriel River. |
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THENCE upstream with the approximate center of the River, and |
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with the lower North boundary of a 137.21 acre property which is |
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described in a deed to River Chase Subdivision II Ltd. (Doc. |
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2008004193 ORWCT), as follows; (L9) S 81 deg. 42 min. 13 sec. W |
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225.43 feet; (L8) N 85 deg. 25 min. 07 sec. W 260.32 feet; and N 70 |
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deg. 09 min. 07 sec. W 154.29 feet. |
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THENCE with the East boundary of the reserve of a tract of |
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0.93 ac. as conveyed to Robert Scruggs (2092/414 ORWCT); less 0.255 |
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acre as conveyed by Court Judgment to David Kelley, et. ux. Cause |
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82-180C, (L23) N 20 deg. 36 min. 51 sec. W 133.22 feet to an iron pin |
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found at the Southeast corner of the said 0.255 ac. Kelley tract. |
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THENCE with the boundary of the property conveyed to Jay A. |
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Lansdale, (L24) S 74 deg. 15 min. 31 sec. W 36.49 feet to an iron pin |
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set. |
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THENCE with the common boundary between Lansdale and Scruggs, |
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N 20 deg. 07 min. 50 sec. W 331.71 feet to an iron pin found at the |
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Southeast corner of a 14.558 acre property conveyed to Henry and |
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Patricia Blum (1618/75). |
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THENCE with the common boundary between Lansdale and Blum |
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finding iron pins in a fence line as follows; (L25) N 20 deg. 10 min. |
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26 sec. W 44.99 feet; N 07 deg. 00 min. 16 sec. W 131.76 feet; N 18 |
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deg. 33 min. 47 sec. W 416.90 feet; and continuing with a line that |
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departs the fence, N 20 deg. 56 min. 52 sec. W 706.17 feet. |
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THENCE with an unfenced boundary finding iron pins that are |
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West of the fence, following the East line of the 13.83 acre |
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property which is described in a deed to Albert and Cynthia Garcia |
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(2476/920); N 21 deg. 02 min. 33 sec. W 419.30 feet to an iron pin |
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found; and continuing with the East line of the property of William |
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C. and Catherine Carrizales-Pintor (3.37 ac. Doc. 9624329 ORWCT), N |
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20 deg. 57 min. 29 sec. W 629.07 feet to an iron pin set Northerly |
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from an iron pin found which stands S 20 deg. 57 min. 29 sec. E 0.88 |
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feet. |
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THENCE with the South boundary of S.H. 29 and the North |
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boundary of Jay Lansdale, finding concrete right-of-way monuments |
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as follows; (L26) S 53 deg. 59 min. 35 sec. E 96.86 feet; and (L27) S |
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41 deg. 57 min. 59 sec. E 95.73 feet to the beginning of a curve to |
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the left having a radius of 697.27 feet; continuing with the arc of |
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the curve 592.49 feet, the chord bears S 78 deg. 25 min. 45 sec. E |
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574.83 feet to the POINT OF BEGINNING. |
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* * * * * |
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DESCRIPTION FOR RIVER CHASE SUBDIVISION II LTD. |
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BEING 49.99 acres of the William Ashworth Survey, Abstract |
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No. 24, in Williamson County, Texas. This tract is the same 49.99 |
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acre property which is described in a deed to River Chase |
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Subdivision II Ltd. of record in Doc. 2007104313, Official Records |
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of Williamson County, Texas (ORWCT). This tract was surveyed on |
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the ground in December of 2008, under the supervision of William F. |
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Forest, Jr., Registered Professional Land Surveyor No. 1847. Survey |
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note: The bearing basis for this survey is the State Plane |
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Coordinate System, Grid North, Texas Central Zone. Line codes used |
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herein are in agreement with the survey plat prepared this date. |
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BEGINNING at an iron pin which was found in the curved South |
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line of State Highway 29, at the Northwest corner of the said 49.99 |
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acre property and at the Northeast corner of the 35 ac. property |
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conveyed to Waterstone Land and Cattle Co. L.P. as described in Doc. |
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2008050683 (ORWCT). |
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THENCE with the South line of State Highway 29, (C1) 54.10 |
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feet with the arc of a curve to the left having a radius of 697.27 |
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feet; the chord bears N 75 deg. 00 min. 18 sec. E 54.09 feet to an |
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iron pin found at the end of the curve; N 68 deg. 44 min. 48 sec. E |
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417.01 feet to a concrete right-of-way marker found; and N 73 deg. |
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18 min. 54 sec. E 328.98 feet to an iron pin found. |
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THENCE with the East line of the said 49.99 acre tract and the |
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upper West line of the 137.21 acre tract which is described in a |
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deed to River Chase Subdivision II Ltd. (Doc. 2008004193), S 20 deg. |
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32 min. 29 sec. E at 2748.66 feet pass an iron pin found; continuing |
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(L16) S 20 deg. 32 min. 29 sec. E an additional 116.99 feet to the |
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approximate center of the San Gabriel River, continuing in all |
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2865.65 feet. |
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THENCE upstream with the approximate center of the River and |
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the South boundary of the said tract called 49.99 acres, following |
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the boundary of the said 137.21 acres, (L15) S 78 deg. 19 min. 05 |
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sec. W 61.75 feet; (L14) N 85 deg. 06 min. 10 sec. W 108.27 feet; |
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(L13) N 81 deg. 53 min. 40 sec. W 106.23 feet; (L12) N 89 deg. 43 |
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min. 10 sec. W 440.07 feet; and (L11) S 81 deg. 42 min. 20 sec. W |
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138.73 feet. |
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THENCE with the West line of the said tract called 49.99 acres |
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and with the East line of the 35 acre tract conveyed to Waterstone |
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Land and Cattle Co. L.P. (L10) N 20 deg. 32 min. 40 sec. W at 126.38 |
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feet pass an iron pin found on the North bank of a waterway; |
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continuing N 20 deg. 32 min. 40 sec. W an additional 2468.65 feet, |
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continuing in all 2595.03 feet to the POINT OF BEGINNING. |
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* * * * * |
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DESCRIPTION FOR DAVID L. KELLEY, TRUSTEE - ROBERT D. WUNSCH, |
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TRUSTEE |
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BEING 137.21 acres of the William Ashworth Survey, Abstract |
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No. 24, in Williamson County, Texas. This tract is part of the |
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property which was described in a deed to David L. Kelley, Trustee |
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of the David L. Kelley Asset Liquidating Trust as set out in Doc. |
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2002001651 of the Official Records of Williamson County, Texas |
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(ORWCT). This tract was surveyed on the ground in October of 2007, |
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by William F. Forest, Jr., Registered Professional Land Surveyor |
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No. 1847. Survey note: The bearing basis for this survey is the |
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State Plane Coordinate System, Grid North, Texas Central Zone. |
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Line numbers utilized herein correlate to the attached survey plat |
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prepared this date. |
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BEGINNING at an iron pin which was found in the West line of |
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the property conveyed to Sam A. Easley Jr. as described in Vol. 221, |
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Pg. 55 (Deed Records), and in the East boundary of the 100 acre |
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property conveyed to Gladys Townsend as described in Doc. |
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2003078951 (ORWCT). This corner exists at the Southwest corner of |
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Tract 1 called 375.88 acres (formerly 821/499) as described in the |
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said Correction Deed to David L. Kelley, at the Northwest corner of |
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the 433.04 acre tract conveyed to L. Kotrla Property, LLC. of record |
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in Doc. 2005094096 (ORWCT) and at the Southwest corner of the 108.91 |
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acre Tract 4 described in said Kelley deed (Tract 4 is an exception |
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tract out of Tract 1). |
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THENCE along or near the general line of an existing fence, N |
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20 deg. 06 min. 11 sec. W 469.98 feet with the East line of Townsend |
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to an iron pin found; continuing with the East line of the 483.20 |
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acre tract conveyed to Wallace Seggern as described in Vol. 742, Pg. |
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295 (Deed Records); setting iron pins in the fence line as follows; |
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(L1) N 18 deg. 58 min. 54 sec. W 122.43 feet; (L2) N 33 deg. 28 min. |
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04 sec. W 92.26 feet; N 20 deg. 25 min. 40 sec. W 338.43 feet; and |
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(L3) N 22 deg. 29 min. 25 sec. W 106.13 feet to an iron pin found; |
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continuing with the common line of Seggern, with a line that departs |
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the fence, as follows; (L4) N 15 deg. 01 min. 45 sec. E 45.37 feet to |
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a pipe found; and (L5) N 20 deg. 17 min. 05 sec. W 219.29 feet to an |
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iron pin set in the fence line, continuing along or near the East |
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side of the fence with the West line of the said 108.91 acre Kelley |
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tract, N 19 deg. 50 min. 50 sec. W 345.41 feet to an iron pin set 1.5 |
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feet East of the fence; N 20 deg. 12 min. 18 sec. W 1142.13 feet to |
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an iron pin set; departing the West line of the 108.91 acre Tract 4 |
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and continuing with the West line of the said 375.88 acre tract and |
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its common line with Seggern, (L6) N 20 deg. 12 min. 18 sec. W 165.97 |
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feet to the approximate center of the channel of the San Gabriel |
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River. |
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THENCE downstream with the South line of the 35 acre tract |
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conveyed to Jay A. Lansdale (Doc. 2004025768) and with the |
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approximate center of the river, as follows; (L7) S 70 deg. 09 min. |
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07 sec. E 203.33 feet; (L8) S 85 deg. 25 min. 07 sec. E 260.32 feet; |
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(L9) N 81 deg. 42 min. 13 sec. E 225.43 feet; continuing with the |
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South line of the 50 acre tract conveyed to Round Rock Hydromulch, |
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Inc. as described in Doc. 2004018474 (ORWCT); (L11) N 81 deg. 42 |
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min. 20 sec. E 138.73 feet; (L12) S 89 deg. 43 min. 10 sec. E 440.07 |
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feet; (L13) S 81 deg. 53 min. 40 sec. E 106.23 feet; (L14) S 85 deg. |
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06 min. 10 sec. E 108.27 feet; and (L15) N 78 deg. 19 min. 05 sec. E |
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61.75 feet. |
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THENCE with the East boundary of the said 50 acre Hydromulch |
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tract, (L16) N 20 deg. 32 min. 29 sec. W 116.99 feet to an iron pin |
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found on the North bank of the river; and N 20 deg. 32 min. 29 sec. W |
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2748.66 feet to an iron pin found. |
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THENCE with the South line of State Highway 29, N 73 deg. 18 |
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min. 19 sec. E 422.98 feet to an iron pin set at the Northeast corner |
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of the said 375.88 acre tract. This corner is the Northeast corner |
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of the 224.18 acre property partitioned to Dorothy Aline Edwards as |
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described in Vol. 582, Pg. 291, Deed Records. |
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THENCE with the common boundary between Kelly (Edwards) and |
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Clare C. Mashburn (563/68), with a line that departs the existing |
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fence, S 19 deg. 58 min. 13 sec. E 3445.88 feet to an iron pin found. |
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THENCE with the boundary of the Easley Sloan Cemetery (Doc. |
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2007079512), (L17) S 17 deg. 25 min. 25 sec. W 162.99 feet to an iron |
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pin found; and (L18) S 73 deg. 28 min. 54 sec. E 125.17 feet to an |
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iron pin found. An iron pin found at the Southeast corner of the |
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Cemetery stands (L19) S 66 deg. 25 min. 32 sec. E 13.69 feet. |
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THENCE with the East line of the said 108.91 acre tract and |
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the West line of the Clare Mashburn property, with a line that does |
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not follow area fencing, S 19 deg. 59 min. 28 sec. E 1658.10 feet to |
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an iron pin set. Most of this line follows the West line of a 30 |
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foot wide easement to the Easley Sloan Cemetery (see covenant |
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563/68). |
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THENCE with the North boundary of the 100.08 acre property |
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conveyed to Oak Stump, LLC. as described in Doc. 2003094213 |
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(ORWCT), S 69 deg. 59 min. 39 sec. W 482.83 feet to an iron pin found |
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at a fence corner; continuing along or near an existing fence, with |
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the North boundary of the said 433.04 acre Kotrla tract, S 69 deg. |
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59 min. 40 sec. W 1321.01 feet to the POINT OF BEGINNING. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
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(b) The governor has submitted the notice and Act to the |
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Texas Commission on 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, |
|
lieutenant governor, and speaker of the house of representatives |
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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 September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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|
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I certify that H.B. No. 4799 was passed by the House on May |
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15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4799 on May 29, 2009, by the following vote: Yeas 140, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4799 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |