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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of certain state property from the Texas |
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Department of Criminal Justice to Fort Bend County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) In this Act: |
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(1) "Utility" means: |
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(A) an electric utility, as defined by Section |
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31.002, Utilities Code; or |
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(B) a gas utility, as defined by Section 101.003 |
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or 121.001, Utilities Code. |
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(2) "Utility infrastructure" means any facility owned |
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by a utility. |
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(b) Not later than December 31, 2015, the Texas Board of |
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Criminal Justice shall donate and transfer to Fort Bend County the |
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real property described by Subsection (i) of this section. |
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(c) Fort Bend County may use the property transferred under |
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this Act only for a public road and utility right-of-way. If Fort |
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Bend County uses the property for any purpose other than a public |
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road and utility right-of-way, ownership of the property |
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automatically reverts to the Texas Department of Criminal Justice. |
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(d) The Texas Board of Criminal Justice shall transfer the |
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property by an appropriate instrument of transfer. The instrument |
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of transfer must: |
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(1) provide that: |
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(A) Fort Bend County may use the property only |
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for a public road and utility right-of-way; |
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(B) ownership of the property will automatically |
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revert to the Texas Department of Criminal Justice if Fort Bend |
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County uses the property for any purpose other than a purpose |
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described by Paragraph (A) of this subdivision; |
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(C) if a relocation of utility infrastructure |
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located within the property is requested, the relocation costs are |
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paid by the requesting party; and |
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(D) the property is subject to an easement |
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created for all existing utility infrastructure located within the |
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property; and |
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(2) describe the property to be transferred by metes |
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and bounds. |
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(e) The Texas Department of Criminal Justice shall retain |
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custody of the instrument of transfer after the instrument of |
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transfer is filed in the real property records of Fort Bend County. |
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(f) Fort Bend County shall identify and convert Texas |
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Department of Criminal Justice utilities located along and within |
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the existing roadway to public utilities of the county as necessary |
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without disruption in service or cost to the Texas Department of |
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Criminal Justice. |
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(g) Fort Bend County shall identify and preserve all |
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existing access locations to Texas Department of Criminal Justice |
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properties and facilities. |
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(h) Fort Bend County shall grant all easements, without |
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reservation, to the Texas Department of Criminal Justice as |
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necessary to maintain utility infrastructure retained by the Texas |
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Department of Criminal Justice. |
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(i) The real property referred to in this section consists |
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of the following two tracts of land: |
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(1) Being 10.58 acres (460,792 square feet) of land, |
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out of the Remainder of a called 5656.65 acres, conveyed to the |
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State of Texas, by deed recorded under Volume 152, Page 423 Deed |
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Records of Fort Bend County, Texas (D.R. F.B.C.T.), said 10.58 acre |
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tract lying in the Jane Wilkins Survey, Abstract 96 and being more |
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particularly described by metes and bounds as follows; |
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COMMENCING at a found 5/8 inch iron rod with cap in the east |
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right-of-way of Harlem Road, Public R.O.W. varies, being 70' east |
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at a right angle of station point 109+40.00, also being the west |
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line of said Remainder; |
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THENCE South 03°33'12" East, a distance of 426.05 feet to a set 5/8 |
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inch iron rod with cap, marking the west corner of a Proposed Owens |
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Road and the POINT OF BEGINNING; |
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THENCE South 48°12'05" East, a distance of 35.57 feet to a set 5/8 |
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inch iron rod with cap, marking an angle point of the herein |
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described tract; |
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THENCE North 87°09'03" East, a distance of 243.73 feet to a set 5/8 |
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inch iron rod with cap, marking a point of curvature of the herein |
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described tract; |
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THENCE along a curve to the left, having a radius of 810.00 feet, an |
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internal angle of 37°07'53", a chord bearing of North 68°35'06" East, |
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a distance of 515.79 feet, an arc length of 524.93 feet to a point of |
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tangency of the herein described tract; |
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THENCE North 50°01'10" East, a distance of 149.90 feet to a set 5/8 |
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inch iron rod with cap, marking a point of curvature of the herein |
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described tract; |
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THENCE along a curve to the right, having a radius of 900.00 feet, |
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an internal angle of 36°18'06", a chord bearing of North 68°10'13" |
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East, a distance of 560.74 feet, an arc length of 570.23 feet to a |
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point of tangency of the herein described tract; |
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THENCE North 86°19'16" East, a distance of 956.53 feet to a set 5/8 |
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inch iron rod with cap, marking a point of curvature of the herein |
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described tract; |
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THENCE along a curve to the right, having a radius of 1650.00 feet, |
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an internal angle of 31°15'05", a chord bearing of South 78°05'07" |
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East, a distance of 888.85 feet, an arc length of 899.98 feet to a |
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point of tangency of the herein described tract; |
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THENCE South 61°03'29" East, a distance of 1158.75 feet to a set 5/8 |
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inch iron rod with cap in the west line of called Tract IV, 143.287 |
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acres, Grand Parkway 1358, LP by deed recorded under County Clerk's |
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File Number (C.F.) 2014037769 Official Public Records of Fort Bend |
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County, Texas (O.P.R. F.B.C.T.), marking the northeast corner of |
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the herein described tract; |
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THENCE South 03°00'25" East, along said west line, a distance of |
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117.85 feet to a found 5/8 inch iron rod with cap, marking the |
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southeast corner of the herein described tract; |
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THENCE North 61°03'29" West, a distance of 1221.11 feet to a set 5/8 |
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inch iron rod with cap, marking a point of curvature of the herein |
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described tract; |
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THENCE along a curve to the left, having a radius of 1550.00 feet, |
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an internal angle of 31°09'47", a chord bearing of North 78°08'01" |
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West, a distance of 832.69 feet, an arc length of 843.04 feet to a |
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point of tangency of the herein described tract; |
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THENCE South 86°19'16" West, a distance of 956.53 feet to a set 5/8 |
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inch iron rod with cap, marking a point of curvature of the herein |
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described tract; |
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THENCE along a curve to the left, having a radius of 800.00 feet, an |
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internal angle of 36°18'06", a chord bearing of South 68°10'13" West, |
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a distance of 498.3 feet, an arc length of 506.87 feet to a point of |
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tangency of the herein described tract; |
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THENCE South 50°01'10" West, a distance of 173.14 feet to a set 5/8 |
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inch iron rod with cap, marking a point of curvature of the herein |
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described tract; |
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THENCE along a curve to the right, having a radius of 900.00 feet, |
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an internal angle of 37°07'53", a chord bearing of South 68°35'06" |
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West, a distance of 573.11 feet, an arc length of 583.26 feet to a |
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point of tangency of the herein described tract; |
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THENCE South 87°09'03" West, a distance of 229.86 feet to a set 5/8 |
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inch iron rod with cap, marking an angle point of the herein |
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described tract; |
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THENCE South 41°47'55" West, a distance of 35.14 feet to a set 5/8 |
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inch iron rod with cap in said west line of said Harlem Road, |
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marking the southwest corner of the herein described tract; |
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THENCE North 03°33'12" West, along said west R.O.W., a distance of |
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162.01 feet to the POINT OF BEGINNING and containing a computed |
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10.58 acres (460,792 square feet) of land. |
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(2) Being 7.24 acres (315,413 square feet) of land, |
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out of the Remainder of a called 5656.65 acres, conveyed to the |
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State of Texas, by deed recorded under Volume 152, Page 423 Deed |
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Records of Fort Bend County, Texas (D.R. F.B.C.T.) and all of a |
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called 5.076 acres, conveyed to said State of Texas, by deed |
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recorded under County Clerk's File Number (C.F.) 20100011358 |
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Official Public Records of Fort Bend County, Texas (O.P.R. F.B.T.), |
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said 7.24 acre tract lying in the Jane Wilkins Survey, Abstract 96 |
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and the Jessee H. Cartwright Survey, Abstract 16 and being more |
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particularly described by metes and bounds as follows; |
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BEGINNING at a found 3/4 inch iron rod with cap, Texas State Plane |
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Coordinates, Texas South Central, Y: 13788421.417 & X: 3022318.446, |
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in the west right-of-way (R.O.W.) of F.M. 1464, Public R.O.W. |
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varies, marking the northeast corner of the Remainder of a called |
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151.20 acres, conveyed to LRI Investments Group, LTD. by deed |
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recorded under C.F. 2008008821 O.P.R. F.B.C.T. and the southeast |
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corner of said 5.076 acres, also being the southeast corner of a |
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Proposed Owens Road and the herein described tract; |
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THENCE North 68°11'14" West, along the north line of said remainder |
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of a called 151.20 acres, a distance of 2220.51 feet to a found 3/4 |
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inch iron rod with cap, marking an angle point of the herein |
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described tract, from which a found 1/2 inch iron rod with cap bears |
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North 24°29'19" East, a distance of 10.05 feet; |
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THENCE North 61°02'45" West, along the north line of said remainder |
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of a called 151.20 acres, a distance of 1012.92 feet to a found 3/4 |
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inch iron rod with cap, marking an angle point of the herein |
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described tract; |
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THENCE North 61°20'20" West, along the north line of said remainder |
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of a called 151.20 acres, a distance of 1411.48 feet to a found 3/4 |
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inch iron rod with cap in the east line of Grand Parkway (Highway |
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99), marking the southwest corner of the herein described tract, |
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from which a found 5/8 inch iron rod with cap, bears North 73°21'42" |
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East, a distance of 13.99 feet; |
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THENCE North 23°17'56" West, along said Grand Parkway, passing at a |
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distance of 76.28 feet to a spike nail, marking the common corner of |
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said Remainder of a called 151.20 acres and said 5.076 acres and |
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continuing for a total distance of 110.53 feet to a set 5/8 inch |
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iron rod with cap, marking the northwest corner of the herein |
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described tract; |
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THENCE South 61°20'24" East, a distance of 1525.67 feet to a set 5/8 |
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inch iron rod with cap, marking an angle point of the herein |
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described tract; |
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THENCE South 61°02'49" East, a distance of 860.17 feet to a set 5/8 |
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inch iron rod with cap, marking a point of curvature of the herein |
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described tract; |
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THENCE along a curve to the left, having a radius 1950.00 feet, an |
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internal angle of 07°08'18", a chord bearing of South 64°36'58" East, |
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a distance of 242.79 feet, arc distance of 242.95 feet to a set 5/8 |
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inch iron rod with cap, marking an point of tangency of the herein |
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described tract; |
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THENCE South 68°11'07" East, a distance of 2007.90 feet to a found |
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alum disk in said west R.O.W. of F.M. 1464, marking the northeast |
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corner of the herein described tract; |
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THENCE South 21°59'27" West, along said west R.O.W., a distance of |
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57.11 feet to a found alum disk to an internal corner of the herein |
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described tract; |
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THENCE South 68°01'33" East, along said west R.O.W., a distance of |
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80.02 feet to a point for corner, marking an external corner of the |
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herein described tract; |
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THENCE South 00°27'54" East, along said west R.O.W., a distance of |
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18.26 feet to the POINT OF BEGINNING and containing a computed 7.24 |
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acres (315,413 square feet) of land. |
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SECTION 2. This Act takes effect September 1, 2015. |