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A BILL TO BE ENTITLED
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relating to the creation of the Case Creek Municipal Utility |
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District No. 1 of Grayson County; providing authority to impose a |
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tax and issue bonds; 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 8249 to read as follows: |
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CHAPTER 8249. CASE CREEK MUNICIPAL UTILITY DISTRICT NO. 1 OF |
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GRAYSON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8249.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Case Creek Municipal Utility |
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District No. 1 of Grayson County. |
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Sec. 8249.002. 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. 8249.003. 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. 8249.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8249.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting 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 8249.006-8249.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8249.051. 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 8249.052, directors serve |
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staggered four-year terms. |
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Sec. 8249.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2011, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8249.003; or |
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(2) September 1, 2015. |
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(c) If permanent directors have not been elected under |
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Section 8249.003 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 8249.003; 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 commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8249.053-8249.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8249.101. 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. 8249.102. 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. 8249.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8249.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8249.105. COSTS OF ROAD PROJECT. The district shall |
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bear the cost of maintaining, improving, operating, and repairing a |
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road located in the district and authorized by Section 8249.103 in |
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accordance with all applicable ordinances and rules of the |
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political subdivision authorized to exercise jurisdiction over the |
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road, regardless of whether the district conveys the road to this |
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state, a county, or a municipality. |
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Sec. 8249.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8249.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 8249.107. LIMITATION ON WATER SUPPLY AND WASTEWATER |
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SERVICES; USE OF DISTRICT FACILITIES BY TWO WAY SPECIAL UTILITY |
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DISTRICT. (a) The district may not act as a retail provider of |
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water or wastewater services in the district except as provided by |
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this section. |
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(b) Except as provided by Subsection (c), the district shall |
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convey or otherwise assign the district's water supply facilities |
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and wastewater facilities to Two Way Special Utility District. |
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(c) If Two Way Special Utility District refuses or is unable |
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to provide water supply or wastewater service to customers located |
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in the district, the district may retain the necessary facilities |
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and provide water supply or wastewater service, as applicable, to |
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those customers. |
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[Sections 8249.108-8249.150 reserved for expansion] |
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SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 8249.151. DIVISION OF DISTRICT; PREREQUISITES. The |
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district may be divided into two or more new districts only if the |
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district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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Sec. 8249.152. LAW APPLICABLE TO NEW DISTRICT. This |
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chapter applies to any new district created by division of the |
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district, and a new district has all the powers and duties of the |
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district. |
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Sec. 8249.153. LIMITATION ON AREA OF NEW DISTRICT. A new |
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district created by the division of the district may not, at the |
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time the new district is created, contain any land outside the area |
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described by Section 2 of the Act enacting this chapter. |
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Sec. 8249.154. DIVISION PROCEDURES. (a) The board, on its |
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own motion or on receipt of a petition signed by the owner or owners |
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of a majority of the assessed value of the real property in the |
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district, may adopt an order dividing the district. |
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(b) 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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8249.003 to confirm the district's creation. |
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(c) An order dividing the district must: |
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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 the new districts. |
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(d) 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 commission and record the order in the real property |
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records of each county in which the district is located. |
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Sec. 8249.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) |
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A new district created by the division of the district shall hold a |
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confirmation and directors' election as required by Section |
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8249.003. |
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(b) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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Sec. 8249.156. TAX OR BOND ELECTION. Before a new district |
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created by the division of the district may impose a maintenance tax |
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or issue bonds payable wholly or partly from ad valorem taxes, the |
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new district must hold an election as required by this chapter to |
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obtain voter approval. |
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[Sections 8249.157-8249.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 8249.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8249.203. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8249.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8249.201, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8249.203. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8249.204-8249.250 reserved for expansion] |
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SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
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Sec. 8249.251. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8249.252. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8249.253. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Case Creek Municipal Utility District No. 1 |
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of Grayson County initially includes all the territory contained in |
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the following area: |
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TRACT 1 |
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BEING A 734.245 ACRE TRACT OF LAND SITUATED IN THE PATSY KITCHENS |
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SURVEY, ABSTRACT NO. 666, THE RACHEL HANNING SURVEY, ABSTRACT NO. |
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547, THE JAMES THOMAS SURVEY, ABSTRACT NO. 1235, THE B.B.B. & C.R.R. |
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SURVEY, ABSTRACT NO. 167 AND THE H.L. NOLAND SURVEY, ABSTRACT NO. |
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1550, GRAYSON COUNTY, TEXAS AND BEING ALL OF THE FOLLOWING TRACTS OF |
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LAND, THAT TRACT OF LAND DESCRIBED IN DEED TO BLUE ISLAND PARTNERS, |
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LTD., RECORDED IN VOLUME 4076, PAGE 824, THAT TRACT OF LAND |
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DESCRIBED IN DEED TO THE NICID LIMITED PARTNERSHIP, RECORDED IN |
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VOLUME 3734, PAGE 246 AND THAT TRACT OF LAND DESCRIBED IN DEED TO |
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202 BOREN ROAD PARTNERS, LLC, RECORDED IN VOLUME 4223, PAGE 252 OF |
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THE OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS. SAID 734.245 |
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ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE |
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COORDINATES, NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002), |
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DETERMINED BY GPS OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND |
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JULIAN DAY 259, 2004, CALCULATED FROM COLLIN CORS ARP (PID-DF8982) |
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AND DENTON CORS ARP (PID-DF8986), |
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BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING AT A 60D NAIL FOUND FOR THE NORTHEAST CORNER OF SAID BLUE |
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ISLAND TRACT, SAID NAIL BEING THE SOUTHEAST CORNER OF A TRACT AS |
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DESCRIBED IN DEED TO JERRY TODD, FILED JUNE 27, 1977, AND RECORDED |
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IN VOLUME 1392 PAGE 797 OF SAID DEED RECORDS, SAID NAIL ALSO BEING |
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IN THE WEST LINE OF A TRACT AS DESCRIBED IN DEED TO JEFF JOHNSON AND |
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WIFE CARYANN JOHNSON, FILED DECEMBER 05, 2002, AND RECORDED IN |
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VOLUME 3363, PAGE 624 OF DEED RECORDS, GRAYSON COUNTY, TEXAS, SAID |
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NAIL ALSO BEING AT THE INTERSECTION OF DAVIS ROAD AND MACOMB |
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CEMETERY ROAD; |
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THENCE, SOUTH 00 DEGREES 41 MINUTES 37 SECONDS EAST, WITH THE EAST |
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LINE OF SAID BLUE ISLAND TRACT, AND WITH THE WEST LINE OF SAID |
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JOHNSON TRACT, AND ALONG SAID DAVIS ROAD, A DISTANCE OF 1738.20 FEET |
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TO A 1/2 INCH STEEL SQUARE TUBING FOUND FOR AN ELL CORNER OF SAID |
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BLUE ISLAND TRACT, AND THE SOUTHWEST CORNER OF SAID JOHNSON TRACT, |
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AND AT A TURN IN SAID ROAD; |
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THENCE, NORTH 88 DEGREES 46 MINUTES 03 SECONDS EAST, WITH A NORTH |
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LINE OF SAID BLUE ISLAND TRACT, AND WITH THE SOUTH LINE OF SAID |
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JOHNSON TRACT, AND ALONG SAID DAVIS ROAD, A DISTANCE OF 620.31 FEET |
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TO A 1/2 INCH STEEL REBAR FOUND FOR THE MOST EASTERLY NORTHEAST |
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CORNER OF SAID BLUE ISLAND TRACT, SAID REBAR BEING ON THE SOUTH LINE |
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OF SAID JOHNSON TRACT, SAID REBAR BEING THE NORTHWEST CORNER OF A |
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TRACT AS DESCRIBED IN DEED TO THE NICID LIMITED PARTNERSHIP, FILED |
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SEPTEMBER 22, 2004, AND RECORDED IN VOLUME 3734, PAGE 246, OFFICIAL |
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PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID REBAR ALSO BEING IN |
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SAID ROAD; |
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THENCE, NORTH 89 DEGREES 31 MINUTES 32 SECONDS EAST, WITH THE NORTH |
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LINE OF SAID NICID TRACT, AND IN DAVIS ROAD, A DISTANCE OF 2414.87 |
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FEET TO A 1/2 INCH STEEL SQUARE TUBING FOUND, SAID TUBING BEING THE |
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NORTHEAST CORNER OF SAID NICID TRACT, AND THE NORTHWEST CORNER OF A |
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TRACT AS DESCRIBED IN DEED TO DIAMOND H RANCH, LP, AND RECORDED IN |
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VOLUME 4052, PAGE 184, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, |
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TEXAS, SAID TUBING ALSO BEING IN DAVIS ROAD; |
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THENCE, SOUTH 00 DEGREES 26 MINUTES 08 SECONDS EAST, WITH THE EAST |
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LINE OF SAID NICID TRACT, AND THE WEST LINE OF SAID DIAMOND H TRACT, |
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AND PASSING AT 20.34 FEET A PIPE FENCE CORNER POST ON THE SOUTH SIDE |
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OF SAID DAVIS ROAD, AND CONTINUING ON SAID COURSE FOR A TOTAL |
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DISTANCE OF 2645.90 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC |
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CAP STAMPED "CARTER BURGESS" SET FOR AN ELL CORNER OF SAID NICID AND |
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DIAMOND H TRACTS; |
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THENCE, SOUTH 89 DEGREES 24 MINUTES 16 SECONDS WEST, WITH THE SOUTH |
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LINE OF SAID NICID TRACT, A DISTANCE OF 989.63 FEET TO A 5/8 INCH |
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IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR AN |
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ELL CORNER OF SAID NICID AND DIAMOND H TRACT; |
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THENCE, SOUTH 00 DEGREES 31 MINUTES 07 SECONDS EAST, A DISTANCE OF |
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614.83 FEET TO A 1/2 INCH STEEL REBAR FOUND FOR A SOUTHEAST CORNER |
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OF SAID NICID AND AN ELL CORNER OF SAID DIAMOND H TRACT; |
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THENCE, SOUTH 89 DEGREES 38 MINUTES 58 SECONDS WEST, WITH THE |
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APPARENT SOUTH LINE OF SAID NICID TRACT, A DISTANCE OF 2189.66 FEET |
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TO A POINT CORNER; |
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THENCE, SOUTH 00 DEGRESS 58 MINUTES 28 SECONDS WEST, PASSING AT A |
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DISTANCE OF 14.49 FEET A 1/2" IRON ROD FOUND AT THE NORTHEAST CORNER |
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OF SAID 202 BOREN ROAD PARTNERS TRACT AND THE NORTHWEST CORNER OF |
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THAT TRACT OF LAND DESCRIBED IN DEED TO DEWEY MCGILL, JR., RECORDED |
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IN VOLUME 2426, PAGE 836, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, |
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TEXAS, AND CONTINUING WITH THE EAST LINE OF SAID 202 BOREN ROAD |
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PARTNERS TRACT, THE WEST LINE OF SAID MCGILL TRACT, CROSSING THE |
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SOUTH LINE OF SAID NOLAND SURVEY AND THE NORTH LINE OF SAID B.B.B. & |
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C.R.R. SURVEY, AND CONTINUING FOR A TOTAL DISTANCE OF 2317.78 FEET |
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TO A 1/2 INCH IRON ROD FOUND ON THE NORTH LINE OF THAT TRACT OF LAND |
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DESCRIBED IN DEED TO DIANE S. MORGAN, RECORDED IN VOLUME 3368, PAGE |
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355, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
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THENCE, NORTH 88 DEGRESS 25 MINUTES 06 SECONDS WEST, WITH THE NORTH |
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LINES OF SAID DIANE MORGAN TRACT, THE NORTH LINE OF A 20.000 ACRE |
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TRACT OF LAND CONVEYED TO GLEN D. MORGAN BY DEED DATED APRIL 11, |
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2000, RECORDED IN VOLUME 2914, PAGE 61, OFFICIAL PUBLIC RECORDS, |
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GRAYSON COUNTY, TEXAS AND THE SOUTH LINE OF SAID 202 BOREN ROAD |
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PARTNERS TRACT, FOR A DISTANCE OF 1627.84 FEET TO A 60D NAIL FOUND |
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AT THE SOUTHWEST CORNER OF BOTH SAID B.B.B. & C.R.R. SURVEY AND THE |
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SOUTHEAST CORNER OF SAID THOMAS SURVEY, FOR THE MOST SOUTHERLY |
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SOUTHWEST CORNER OF SAID 202 BOREN ROAD PARTNERS TRACT AND THE |
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SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO TOM W. |
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PINGLETON, DATED AUGUST 15, 2006, RECORDED IN VOLUME 4105, PAGE |
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811, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, |
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THENCE, NORTH 01 DEGREES 40 MINUTES 41 SECONDS EAST, WITH THE WEST |
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LINES OF BOTH SAID B.B.B. & C.R.R. SURVEY, AND SAID 202 BOREN ROAD |
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PARTNERS TRACT AND THE EAST LINES OF THE FOLLOWING, SAID THOMAS |
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SURVEY, TRACT 1 DESCRIBED IN DEED TO JAMES DOUGLAS SCHULTZ, |
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RECORDED IN VOLUME 1646, PAGE 617 DEED RECORDS, GRAYSON COUNTY, |
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TEXAS, SAID PINGLETON TRACT, THAT TRACT OF LAND DESCRIBED IN DEED TO |
|
GINGER BLALOCK, DATED AUGUST 28,1998, RECORDED IN VOLUME 2695, PAGE |
|
380, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, THAT TRACT OF |
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LAND DESCRIBED IN DEED TO JAMES C. BLAKE, ET UX, DATED OCTOBER 9, |
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1998, RECORDED IN VOIUME 2709, PAGE 366, OFFICIAL PUBLIC RECORDS, |
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GRAYSON COUNTY, TEXAS, THAT TRACT OF LAND DESCRIBED IN DEED TO |
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MICHAEL W. WALKER, AND MONIQUE R. WALKER, DATED DECEMBER 22, 2004, |
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RECORDED IN VOLUME 3790, PAGE 348, OFFICIAL PUBLIC RECORDS, GRAYSON |
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COUNTY, TEXAS AND THAT TRACT OF LAND DESCRIBED IN DEED TO NANCY |
|
SUSAN PARKER, DATED DECEMBER 1, 1993, RECORDED IN VOLUME 2306, PAGE |
|
433, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS FOR A DISTANCE |
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OF 2132.79 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHEAST CORNER |
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OF SAID PARKER TRACT AT AN ELL CORNER OF SAID 202 BOREN ROAD |
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PARTNERS TRACT; |
|
THENCE, NORTH 86 DEGRESS 41 MINUTES 55 SECONDS WEST, WITH THE NORTH |
|
LINE OF SAID PARKER TRACT, AND A SOUTH LINE OF SAID 202 BOREN ROAD |
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PARTNERS TRACT, A DISTANCE OF 1332.93 FEET TO A PK NAIL FOUND FOR |
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THE NORTHWEST CORNER OF SAID PARKER TRACT IN THE EAST LINE OF THAT |
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TRACT OF LAND DESCRIBED IN DEED TO MYRNA RHEUDASIL, INDIVIDUALLY BY |
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DEED DATED APRIL 21, 1992, RECORDED IN VOLUME 2208, PAGE 492, |
|
OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS IN THE CENTER OF A |
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PUBLIC ROAD KNOWN AS BOREN ROAD; |
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THENCE NORTH 01 DEGREES, 59 MINUTES 16 SECONDS EAST, WITH THE CENTER |
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OF SAID BOREN ROAD, THE WEST LINE OF SAID 202 BOREN ROAD PARTNERS |
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TRACT, THE EAST LINE OF SAID RHEUDASIL TRACT FOR A DISTANCE OF |
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411.44 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF |
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SAID RHEUDASIL TRACT, ON THE NORTH LINE OF SAID THOMAS SURVEY, THE |
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SOUTH LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN |
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ROAD PARTNERS TRACT; |
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THENCE, NORTH 88 DEGRESS 28 MINUTES 34 SECONDS WEST, WITH THE NORTH |
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LINE OF BOTH SAID THOMAS SURVEY, AND SAID RHEUDASIL TRACT, THE SOUTH |
|
LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN ROAD |
|
PARTNERS TRACT, CONTINUING ALONG SAID BOREN ROAD, FOR A DISTANCE OF |
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1333.90 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED |
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"CARTER BURGESS" SET AT THE SOUTHWEST CORNER OF BOTH SAID RACHEL |
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HANNING SURVEY, AND SAID 202 BOREN ROAD PARTNERS TRACT, THE |
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SOUTHEAST CORNER OF THE JAMES M. THOMAS SURVEY, ABSTRACT NO. 1212, |
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THE MOST SOUTHERLY SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED |
|
IN DEED TO CALVIN BLEDSOE, RECORDED IN VOLUME 2546, PAGE 224, |
|
OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 01 DEGRESS 36 MINUTES 58 SECONDS EAST, WITH THE WEST |
|
LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN ROAD |
|
PARTNERS TRACT, THE EAST LINE OF SAID JAMES THOMAS SURVEY, ABST. NO. |
|
1212, AND SAID BLEDSOE TRACT, FOR A DISTANCE OF 1595.82 FEET TO A |
|
1/2 INCH IRON ROD CAPPED "COX 4577" FOUND AT THE NORTHWEST CORNER OF |
|
SAID 202 BOREN ROAD PARTNERS TRACT, THE MOST WESTERLY SOUTHWEST |
|
CORNER OF A 300.43 ACRE TRACT OF LAND DESCRIBED IN DEED TO BLUE |
|
ISLAND PARTNERS, LTD. BY DEED DATED JUNE 28, 2006, RECORDED IN |
|
VOLUME 4076, PAGE 824, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, |
|
TEXAS; |
|
THENCE, NORTH 01 DEGREES 26 MINUTES 55 SECONDS EAST, WITH THE WEST |
|
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE EAST LINE OF SAID |
|
BLEDSOE TRACT, A DISTANCE OF 1631.30 FEET TO A 1/2 INCH IRON ROD |
|
CAPPED "COX 4577" FOUND FOR THE WESTERN MOST NORTHWEST CORNER OF |
|
BLUE ISLAND TRACT, AND THE NORTHEAST CORNER OF SAID BLEDSOE TRACT; |
|
THENCE, NORTH 89 DEGREES 27 MINUTES 39 SECONDS EAST, WITH A NORTH |
|
LINE OF SAID BLUE ISLAND TRACT, A DISTANCE OF 1676.04 FEET TO A 5/8 |
|
INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET |
|
FOR AN ELL CORNER OF SAID BLUE ISLAND TRACT, AND THE SOUTHEAST |
|
CORNER OF A TRACT AS DESCRIBED IN DEED TO NANCY SUSAN PARKER, FILED |
|
SEPTEMBER 15, 1993, AND RECORDED IN VOLUME 2306 PAGE 433,OFFICIAL |
|
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 00 DEGREES 18 MINUTES 02 SECONDS WEST, WITH THE WEST |
|
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE EAST LINE OF SAID |
|
PARKER TRACT, A DISTANCE OF 1411.57 FEET TO A 5/8 INCH IRON ROD WITH |
|
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE NORTHWEST |
|
CORNER OF SAID BLUE ISLAND TRACT, SAID IRON ROD BEING THE NORTHEAST |
|
CORNER OF SAID PARKER TRACT, SAID IRON ROD ALSO BEING ON THE SOUTH |
|
LINE OF SAID BLEDSOE TRACT, SAID IRON ROD BEING IN SAID MACOMB |
|
CEMETERY ROAD; |
|
THENCE, SOUTH 88 DEGREES 57 MINUTES 45 SECONDS EAST, WITH THE NORTH |
|
LINE OF SAID BLUE ISLAND TRACT, ALONG SAID ROAD, PASSING THE |
|
SOUTHEAST CORNER OF SAID BLEDSOE TRACT, AND THE SOUTHWEST CORNER OF |
|
SAID TODD TRACT, AND CONTINUING ALONG SAID COURSE, A DISTANCE OF |
|
2597.18 FEET TO THE POINT OF BEGINNING AND CONTAINING 734.245 ACRES |
|
OF LAND, MORE OR LESS. |
|
TRACT 2 |
|
BEING A 558.197 ACRE TRACT OF LAND SITUATED IN THE BURK TRAMMEL |
|
SURVEY, ABSTRACT NUMBER 1229, GRAYSON COUNTY, TEXAS, SAID 558.132 |
|
ACRE TRACT BEING COMPRISED BY THE TOTAL OF 6 TRACTS OF LAND RECORDED |
|
IN THE OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, A TRACT OF |
|
LAND DESCRIBED IN A DEED TO W.P. PELPHREY AND C.F. PELPHREY AS |
|
RECORDED IN VOLUME 205, PAGE 591, DEED RECORDS, GRAYSON COUNTY, |
|
TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO W.P. PELPHREY AS |
|
RECORDED IN VOLUME 234, PAGE 113, DEED RECORDS, GRAYSON COUNTY, |
|
TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO A.T. PELPHREY AS |
|
RECORDED IN VOLUME 129, PAGE 171, DEED RECORDS, GRAYSON COUNTY, |
|
TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO JACK M. DECORDOVA AND |
|
WIFE FRANCES M. DECORDOVA AS RECORDED IN VOLUME 1280, PAGE 29, DEED |
|
RECORDS, GRAYSON COUNTY, TEXAS, A TRACT OF LAND DESCRIBED IN A DEED |
|
TO C.F. PELPHREY AS RECORDED IN VOLUME 550, PAGE 399, DEED RECORDS, |
|
GRAYSON COUNTY, TEXAS, AND A TRACT OF LAND DESCRIBED IN A DEED TO |
|
W.P. PELPHREY AS RECORDED IN VOLUME 234, PAGE 113, DEED RECORDS, |
|
GRAYSON COUNTY, TEXAS, SAID 558.197 ACRE TRACT WITH BEARING BASIS |
|
BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL |
|
ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS |
|
OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, |
|
CALCULATED FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP |
|
(PID-DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS |
|
AS FOLLOWS: |
|
BEGINNING AT A P.K. NAIL SET FOR THE NORTHWEST CORNER OF SAID W.P. |
|
PELPHREY AND C.F. PELPHREY TRACT, SAME POINT BEING IN THE |
|
APPROXIMATE INTERSECTION OF SOUTHMAYD ROAD (AN APPARENT |
|
PERSCRIPTIVE RIGHT OF WAY) WITH MCGEEHE ROAD (AN APPARENT |
|
PERSCRIPTIVE RIGHT OF WAY); |
|
THENCE, SOUTH 88 DEGREES 22 MINUTES 04 SECONDS EAST, IN SAID |
|
SOUTHMAYD ROAD, A DISTANCE OF 2563.72 FEET TO A P.K. NAIL FOUND FOR |
|
THE NORTHWEST CORNER OF THE AFOREMENTIONED W.P. PELPHREY TRACT |
|
DESCRIBED IN VOLUME 234 AT PAGE 113, DEED RECORDS, GRAYSON COUNTY, |
|
TEXAS FOR AN ANGLE POINT; |
|
THENCE, SOUTH 88 DEGREES 29 MINUTES 07 SECONDS EAST, CONTINUING IN |
|
SAID ROAD, FOR A DISTANCE OF 1926.86 FEET TO A P.K. NAIL SET FOR THE |
|
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AND THE NORTHWEST |
|
CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO GLEN D. |
|
MORGAN AS RECORDED IN VOLUME 2752, PAGE 321, OFFICIAL PUBLIC |
|
RECORDS, GRAYSON COUNTY, TEXAS |
|
THENCE, SOUTH 00 DEGREES 58 MINUTES 51 SECONDS WEST, WITH THE WEST |
|
LINE OF SAID MORGAN TRACT AND ALONG A FENCE LINE AT A DISTANCE |
|
3314.73 PASSING A 1/2" IRON ROD FOR THE SOUTHWEST CORNER OF SAID |
|
MORGAN TRACT, THE SAME BEING THE NORTHWEST CORNER OF THAT CERTAIN |
|
TRACT OF LAND DESCRIBED IN A DEED TO LOY RODERICK MAYFIELD AS |
|
RECORDED IN VOLUME 2889, PAGE 672 OF THE OFFICIAL PUBLIC RECORDS, |
|
GRAYSON COUNTY, TEXAS AND WITH THE WEST LINE OF SAID MAYFIELD TRACT |
|
FOR A TOTAL DISTANCE 5469.03 FEET TO A 5/8" IRON ROD WITH YELLOW |
|
PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER THE SAME BEING |
|
THE SOUTHEAST CORNER OF THE AFOREMENTIONED JACK M. DECORDOVA TRACT; |
|
THENCE, NORTH 88 DEGREES 58 MINUTES 51 SECONDS WEST, WITH THE SOUTH |
|
LINE OF SAID JACK M. DECORDOVA TRACT, IN BATES ROAD (AN APPARENT |
|
PERSCRIPTIVE RIGHT OF WAY) FOR A DISTANCE OF 2596.11 FEET TO A 1/2" |
|
CAPPED IRON ROD FOUND STAMPED "SARTIN" FOR CORNER IN THE EAST LINE |
|
OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO CHALLENGE MOTOR |
|
SPORTS AS RECORDED IN VOLUME 4224, PAGE 225, OFFICIAL PUBLIC |
|
RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 00 DEGREES 40 MINUTES 14 SECONDS WEST, AT TIMES WITHIN |
|
SAID BATES ROAD, A DISTANCE OF 248.68 FEET A 5/8" IRON ROD WITH |
|
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER AND |
|
BEING THE SOUTHEAST CORNER OF THE AFOREMENTIONED C.F. PELPHREY |
|
TRACT; |
|
THENCE, NORTH 88 DEGREES 23 MINUTES 47 SECONDS WEST, WITH THE SOUTH |
|
LINE OF SAID C.F. PHELPHREY TRACT AND GENERALLY ALONG SAID BATES |
|
ROAD A DISTANCE OF 1944.93 FEET TO A P.K. NAIL SET FOR CORNER AT THE |
|
INTERSECTION OF SAID BATES ROAD WITH RICE ROAD (AN APPARENT |
|
PERSCRIPTIVE RIGHT OF WAY) THE SAME BEING THE SOUTHWEST CORNER OF |
|
SAID C.F. PELPHREY TRACT; |
|
THENCE NORTH 01 DEGREES 36 MINUTES 42 SECONDS EAST, WITH THE WEST |
|
LINE OF SAID PELPHREY TRACTS, AND GENERALLY ALONG SAID RICE AND |
|
SOUTHMAYD ROADS, A DISTANCE OF 5245.00 FEET TO THE POINT OF |
|
BEGINNING, CONTAINING 558.197 ACRES OR OF LAND MORE OR LESS. |
|
TRACT 3 |
|
BEING A 185.677 ACRE TRACT OF LAND SITUATED IN THE SAMUEL GILMAN |
|
SURVEY, ABSTRACT NO. 456, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A |
|
185.677 ACRE TRACT OF LAND, CONVEYED TO WALTON TEXAS, L.P. BY DEED |
|
RECORDED IN VOLUME 4782, PAGE 760, OFFICIAL PUBLIC RECORDS, GRAYSON |
|
COUNTY, TEXAS, SAID 185.677 ACRE TRACT, WITH BEARING BASIS BEING |
|
GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, |
|
NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS |
|
BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED |
|
FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP (PID-DF8986), |
|
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING AT A 1/2" IRON ROD FOND AT THE MOST WESTERLY SOUTHWEST |
|
CORNER OF SAID 185.677 ACRE TRACT, SAID POINT BEING ON THE EAST |
|
RIGHT-OF-WAY LINE OF F.M. HIGHWAY NO. 902 (A 100' RIGHT OF WAY); |
|
THENCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS WEST, ALONG SAID EAST |
|
RIGHT OF WAY LINE, A DISTANCE OF 996.90 FEET TO A 60D NAIL FOUND FOR |
|
CORNER NEAR THE CENTER LINE OF A PUBLIC ROAD; |
|
THENCE, NORTH 88 DEGREES 59 MINUTES 45 SECONDS EAST, WITH THE |
|
GENERAL DIRECTION OF SAID CENTERLINE OF SAID PUBLIC ROAD, A |
|
DISTANCE OF 839.41 FEET TO A 1/2" IRON ROD WITH YELLOW PLASTIC CAP |
|
STAMPED "RPLS 5433" FOUND FOR AND ELL CORNER OF SAID 185.677 ACRE |
|
TRACT, SAID POINT BEING ON THE WEST LINE OF A 51.465 ACRE TRACT OF |
|
LAND CONVEYED BY DEED TO CHALLENGE MOTOR SPORTS, L.P., RECORDED IN |
|
VOLUME 4224, PAGE 225, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, |
|
TEXAS; |
|
THENCE, SOUTH 01 DEGREES 09 MINUTES 35 SECONDS WEST, ALONG SAID WEST |
|
LINE, A DISTANCE OF 18.26 FEET TO A 1/2" IRON ROD FOUND FOR AN ELL |
|
CORNER OF SAID 185.677 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF |
|
SAID 51.465 ACRE TRACT; |
|
THENCE, NORTH 87 DEGREES 42 MINUTES 40 SECONDS EAST, ALONG THE NORTH |
|
LINE OF SAID 185.677 ACRE TRACT AND THE SOUTH LINE OF SAID 51.465 |
|
ACRE TRACT, A DISTANCE OF 1953.64 FEET TO A 1/2" IRON ROD FOUND FOR |
|
CORNER; |
|
THENCE, NORTH 88 DEGREES 42 MINUTES 58 SECONDS EAST, CONTINUING |
|
ALONG SAID NORTH LINE OF 185.677 ACRE TRACT, A DISTANCE OF 664.80 |
|
FEET TO A 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433" |
|
FOUND FOR THE NORTHEAST CORNER OF SAID 185.677 ACRE TRACT, SAID |
|
POINT BEING THE ELL CORNER OF A 10.001 ACRE TRACT CONVEYED TO JESSE |
|
WHITTINGTON, RECORDED IN VOLUME 4272, PAGE 659, OFFICIAL PUBLIC |
|
RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, ALONG THE EAST LINE OF SAID 185.677 ACRE TRACT, THE |
|
FOLLOWING COURSES AND DISTANCES |
|
SOUTH 00 DEGREES 27 MINUTES 48 SECONDS EAST, ALONG THE WEST |
|
LINE OF SAID 10.001 ACRE TRACT, A DISTANCE OF 413.59 FEET TO A |
|
1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433" |
|
FOUND FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF |
|
SAID 10.001 ACRE TRACT AND THE NORTHWEST CORNER OF A 136.85 |
|
ACRE TRACT OF LAND CONVEYED BY DEED TO SUTTER INVESTMENTS, |
|
L.P., RECORDED IN VOLUME 4224, PAGE 231, OFFICIAL PUBLIC |
|
RECORDS, GRAYSON COUNTY, TEXAS; |
|
SOUTH 00 DEGREES 46 MINUTES 35 SECONDS EAST, ALONG THE WEST |
|
LINE OF SAID 136.85 ACRE TRACT, A DISTANCE OF 2334.85 FEET TO |
|
A 1" IRON PIPE FOUND FOR CORNER, SAID POINT BEING THE |
|
SOUTHWEST CORNER OF SAID 136.85 ACRE TRACT AND THE NORTHWEST |
|
CORNER OF 15.00 ACRE TRACT OF LAND CONVEYED BY DEED TO BILLY |
|
LYNN, RECORDED IN VOLUME 1462, PAGE 390, DEED RECORDS, |
|
GRAYSON COUNTY, TEXAS; |
|
SOUTH 00 DEGREES 04 MINUTES 17 SECONDS WEST, ALONG THE WEST |
|
LINE OF SAID 15.00 ACRE TRACT, A DISTANCE OF 510.69 FEET TO A |
|
1/2" SQUARE IRON ROD FOUND FOR CORNER, SAID POINT BEING THE |
|
SOUTHWEST CORNER OF SAID 15.00 ACRE TRACT AND THE NORTHWEST |
|
CORNER OF A 16.866 ACRE TRACT OF LAND CONVEYED BY DEED TO |
|
JAMES D. HOOVER, RECORDED IN VOLUME 3245, PAGE 578, OFFICIAL |
|
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT ALSO LYING |
|
NEAR THE CENTER OF A PUBLIC ROAD KNOWN AS COBLER ROAD; |
|
SOUTH 00 DEGREES 23 MINUTES 38 SECONDS EAST, ALONG THE WEST |
|
LINE OF SAID 16.866 ACRE TRACT AND WITH THE GENERAL DIRECTION |
|
OF THE CENTERLINE OF COBLER ROAD, A DISTANCE OF 407.48 FEET TO |
|
A 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433" |
|
FOUND FOR THE SOUTHWEST CORNER OF SAID 185.677 ACRE TRACT, |
|
SAID POINT BEING AT THE INTERSECTION OF SAID COBLER ROAD AND A |
|
PUBLIC ROAD KNOWN AS MINNIS ROAD; |
|
THENCE, SOUTH 89 DEGREES 02 MINUTES 11 SECONDS WEST, ALONG THE SOUTH |
|
LINE OF SAID 185.677 ACRE TRACT AND WITH THE GENERAL DIRECTION OF |
|
SAID COBLER ROAD, A DISTANCE OF 1748.05 FEET TO A 1/2" IRON ROD |
|
FOUND FOR CORNER; THE SOUTHWEST CORNER OF SAID 185.677 ACRE TRACT |
|
AND THE SOUTHEAST CORNER OF A 33.04 ACRE TRACT OF LAND CONVEYED BY |
|
DEED TO THOMAS W. BYROM, SR., RECORDED IN 3117, PAGE 40, OFFICIAL |
|
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 00 DEGREES 49 MINUTES 46 SECONDS WEST, ALONG THE |
|
COMMON WEST LINE OF SAID 185.677 ACRE TRACT AND THE EAST LINE OF |
|
SAID 33.04 ACRE TRACT, A DISTANCE OF 2562.49 FEET TO A 1/2" IRON ROD |
|
FOUND FOR THE NORTHEAST CORNER OF SAID 33.04 ACRE TRACT AND THE |
|
SOUTHEAST CORNER OF A 12.352 ACRE TRACT OF LAND CONVEYED BY DEED TO |
|
THE MILDRED L. BROWN REVOCABLE TRUST, RECORDED IN VOLUME 3194, PAGE |
|
344, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 01 DEGREES 43 MINUTES 38 SECONDS WEST, CONTINUING |
|
ALONG THE WEST LINE OF SAID 185.677 ACRE TRACT AND THE COMMON EAST |
|
LINE OF SAID 12.352 ACRE TRACT, A DISTANCE OF 103.58 FEET TO A 1/2" |
|
IRON ROD FOUND FOR AND INTERIOR ELL CORNER OF SAID 185.677 ACRE |
|
TRACT AND THE NORTHEAST CORNER OF SAID 12.352 ACRE TRACT; |
|
THENCE, SOUTH 88 DEGREES 06 MINUTES 00 SECONDS WEST, ALONG THE |
|
COMMON SOUTH LINE OF SAID 185.677 ACRE TRACT AND THE NORTH LINE OF |
|
SAID 12.352 ACRE TRACT, A DISTANCE OF 1695.09 FEET; TO THE POINT OF |
|
BEGINNING AND CONTAINING 185.677 ACRES LAND, MORE OR LESS. |
|
TRACT 4 |
|
BEING A 207.484 ACRE TRACT OF LAND SITUATED IN THE SAMUEL GILMAN |
|
SURVEY, ABSTRACT NO. 456 AND THE S. PRATHER SURVEY, ABSTRACT NO. |
|
934, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A 207.51 ACRE TRACT OF |
|
LAND, CONVEYED AS TRACT 1 TO WALTON TEXAS, L.P., BY DEED RECORDED IN |
|
VOLUME 4861, PAGE 258, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, |
|
TEXAS, SAID 207.484 ACRE TRACT, WITH BEARING BASIS BEING GRID |
|
NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 |
|
(CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS BETWEEN |
|
JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED FROM |
|
COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP (PID-DF8986), |
|
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING AT A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID |
|
207.484 ACRE TRACT, SAID POINT BEING THE NORTHEAST CORNER OF A |
|
130.028 ACRE TRACT OF LAND CONVEYED BY DEED TO LITTLE CREEK |
|
INVESTMENTS, L.P., RECORDED IN VOLUME 3751, PAGE 802, OFFICIAL |
|
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT BEING ON THE WEST |
|
LINE OF F.M. HIGHWAY NO. 902 (A 100 FOOT RIGHT-OF-WAY) AND IN A |
|
PUBLIC ROAD KNOWN AS SPRING CREEK ROAD; |
|
THENCE, SOUTH 89 DEGREES 47 MINUTES 51 SECONDS WEST, ALONG THE |
|
COMMON SOUTH LINE OF SAID 207.484 ACRE TRACT AND THE NORTH LINE OF |
|
SAID 130.028 ACRE TRACT, A DISTANCE OF 1751.93 FEET TO A 1/2" IRON |
|
ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 3688" FOUND FOR THE |
|
SOUTHWEST CORNER OF SAID 207.484 ACRE TRACT AND THE SOUTHEAST |
|
CORNER OF A 20.992 ACRE TRACT OF LAND CONVEYED BY DEED TO JOHN |
|
DANIEL BROWN JR. AND TWALLA Y. BROWN RECORDED IN VOLUME 4292, PAGE |
|
423, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 00 DEGREES 57 MINUTES 18 SECONDS EAST, ALONG THE |
|
COMMON WEST LINE OF SAID 207.484 ACRE TRACT AND THE EAST LINE OF |
|
SAID 20.992 ACRE TRACT, A DISTANCE OF 880.65 FEET TO A 1/2" IRON ROD |
|
WITH FOUND FOR AN INTERIOR ELL CORNER OF SAID 207.484 ACRE TRACT AND |
|
THE NORTHEAST CORNER OF SAID 20.992 ACRE TRACT; |
|
THENCE, SOUTH 88 DEGREES 18 MINUTES 15 SECONDS WEST, ALONG THE |
|
COMMON SOUTH LINE OF SAID 207.484 ACRE TRACT AND THE NORTH LINE OF |
|
SAID 20.992 ACRE TRACT AND THE NORTH LINES OF A 9.000 ACRE TRACT OF |
|
LAND CONVEYED BY DEED TO JONATHAN L. HACKETT, RECORDED IN VOLUME |
|
3909, PAGE 579, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; A |
|
5.334 ACRE TRACT OF LAND CONVEYED BY DEED TO TIMOTHY A GARBACIK AND |
|
DEBBIE J. GARBACIK RECORDED IN VOLUME 3570, PAGE 885, OFFICIAL |
|
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; AND A 13.000 ACRE TRACT OF |
|
LAND CONVEYED BY DEED TO DOYLE ALAN COULTER, RECORDED IN VOLUME |
|
3356, PAGE 501, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; A |
|
DISTANCE OF 2631.70 FEET TO A 1/2" IRON ROD FOUND FOR THE SOUTHWEST |
|
CORNER OF SAID 207.484 ACRE TRACT AND THE NORTHWEST CORNER OF SAID |
|
13.000 ACRE TRACT AND BEING ON THE EAST LINE OF A TRACT OF LAND |
|
CONVEYED BY WILL TO NANCY L. LINDSAY, RECORDED IN VOLUME 4039, PAGE |
|
877, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, NORTH 01 DEGREES 06 MINUTES 22 SECONDS EAST, ALONG THE |
|
COMMON WEST LINE OF SAID 207.484 ACRE TRACT AND THE EAST LINE OF |
|
SAID LINDSAY TRACT, A DISTANCE OF 518.13 FEET TO A 60D NAIL FOUND IN |
|
FENCE POST FOR A NORTHWEST CORNER OF SAID 207.484 ACRE TRACT AND |
|
BEING THE SOUTHWEST CORNER OF A 78.974 ACRE TRACT OF LAND CONVEYED |
|
BY DEED TO TOW W. PINGLETON RECORDED IN VOLUME 4042, PAGE 73, |
|
OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; |
|
THENCE, SOUTH 89 DEGREES 59 MINUTES 22 SECONDS EAST, ALONG THE |
|
COMMON NORTH LINE OF SAID 78.974 ACRE TRACT, A DISTANCE OF 409.90 |
|
FEET TO A 1/2" IRON ROD FOUND FOR AND INTERIOR ELL CORNER OF SAID |
|
207.484 ACRE TRACT AND THE SOUTHEAST CORNER OF SAID 78.974 ACRE |
|
TRACT; |
|
THENCE, NORTH 01 DEGREES 11 MINUTES 10 SECONDS EAST, ALONG THE |
|
COMMON WEST LINE OF SAID 207.484 TRACT AND THE EAST LINE OF SAID |
|
78.974 ACRE TRACT, A DISTANCE OF 1352.83 FEET TO A 1/2" IRON ROD |
|
WITH PLASTIC CAP STAMPED "COX4577" FOUND FOR THE NORTHWEST CORNER |
|
OF SAID 207.484 ACRE TRACT; |
|
THENCE, NORTH 88 DEGREES 22 MINUTES 08 SECONDS EAST, ALONG THE NORTH |
|
LINE OF SAID 207.484 ACRE TRACT, A DISTANCE OF 3816.13 FEET TO A |
|
5/8" IRON ROD WITH PLASTIC CAP STAMPED "PEISER SUR" FOUND FOR THE |
|
NORTHEAST CORNER OF SAID 207.484 ACRE TRACT, SAID POINT BEING ON THE |
|
AFORESAID WEST LINE OF F.M. HIGHWAY 902 AND BEING THE BEGINNING OF A |
|
NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 16 DEGREES |
|
45 MINUTES 31 SECONDS, A RADIUS OF 1860.00 FEET, AND A LONG CHORD |
|
THAT BEARS SOUTH 08 DEGREES 38 MINUTES 43 SECONDS EAST, A DISTANCE |
|
OF 542.10 FEET; |
|
THENCE, ALONG SAID NON-TANGENT CURVE TO THE RIGHT AND THE COMMON |
|
EAST LINE OF SAID 207.484 ACRE TRACT AND SAID WEST LINE OF F.M. |
|
HIGHWAY 902, AN ARC DISTANCE OF 544.04 FEET TO A 5/8" IRON ROD WITH |
|
PLASTIC CAP STAMPED "PEISER SUR" FOUND FOR CORNER; |
|
THENCE, SOUTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, CONTINUING |
|
ALONG SAID COMMON LINE, A DISTANCE OF 2239.76 FEET TO THE POINT OF |
|
BEGINNING AND CONTAINING 207.484 ACRES LAND, MORE OR LESS. |
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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 |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) Section 8249.106, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 8249, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 8249.106 to read as follows: |
|
Sec. 8249.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. Except as provided by Section 4 of this Act, this |
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Act takes effect September 1, 2011. |