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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 154; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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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 7974 to read as follows: |
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CHAPTER 7974. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 154 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7974.001. 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 Montgomery County Municipal |
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Utility District No. 154. |
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Sec. 7974.002. 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. 7974.003. 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. 7974.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7974.003 |
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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. 7974.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7974.006. 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 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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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7974.051. 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 7974.052, directors serve |
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staggered four-year terms. |
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Sec. 7974.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7974.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7974.003 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 7974.003; 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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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7974.101. 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. 7974.102. 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. 7974.103. 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. 7974.104. 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. 7974.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 7974.106. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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7974.003 to confirm the district's creation. |
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(f) 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 or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the 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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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 7974.003. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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7974.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) 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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7974.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7974.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7974.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7974.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7974.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7974.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7974.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7974.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Montgomery County Municipal Utility District |
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No. 154 initially includes all the territory contained in the |
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following area: |
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TRACT 1 |
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A METES AND BOUNDS description of a 279.07 acre tract of land |
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situated in the Edward Taylor Survey, Abstract Number 554, |
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Montgomery County, Texas; being all of a called 279.65 acre tract |
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conveyed to Mitchell Energy Corporation by Surface Deed and |
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Subsurface Easement dated January 1, 1995 and filed for record |
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under Clerk's File No. 9509774 of the Montgomery County Official |
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Public Records of Real Property; said 279.07 acres being more |
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particularly described as follows with all bearing based on the |
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Texas Coordinate System of 1983, Central Zone: |
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BEGINNING at a found 1/2-inch iron rod in the apparent west |
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right-of-way of Cripple Creek Drive North, for an angle corner in |
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the north line of Lot 1 of Galleria Oaks Estates as shown on a plat |
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filed for record in Cabinet B, Sheet 79 of the Montgomery County Map |
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Records and the southeast corner of said 279.65 acres, same being |
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the southeast corner of the herein described tract, from which a |
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found 1/2-inch iron rod bears North 77°23'58" East, 38.23 feet; |
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THENCE, South 86°25'45" West, along the north line of Lots 1- |
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7 of said Galleria Oaks Estates and the south line of said 279.65 |
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acres, passing a found 1-inch iron pipe at 244.84 feet, a found axle |
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at 544.26 feet, 5.56 feet right, a found 8-inch by 8-inch concrete |
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monument at 544.89 feet, 4.90 feet right, and a found 1-inch iron |
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pipe at 1170.28 feet, continuing for a total distance of 1988.05 |
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feet (called 1997.31) to a set 3/4-inch iron rod (with cap stamped |
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"JonesCarter Property Corner") in the northeast right-of-way of |
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the Union Pacific Railroad (formerly I & G.N. Railroad Company) |
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(width varies) filed for record under Volume 26, Page 351 of the |
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Montgomery County Deed Records, for the south corner of the herein |
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described tract, from which a found 8-inch by 8-inch concrete |
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monument bears South 86°25'45" West, 9.14 feet; |
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THENCE, along the northeast right-of-way of the said Union |
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Pacific Railroad and the southwest line of the herein described |
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tract the following five (5) courses and distances: |
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1. North 59°15'02" West, 1127.60 feet, departing the |
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north line of said Lot 7, to a set 3/4-inch iron rod (with cap |
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stamped "JonesCarter Property Corner"); |
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2. North 30°44'58" East, 25.00 feet to a set 3/4-inch |
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iron rod (with cap stamped "JonesCarter Property Corner"); |
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3. North 59°15'02" West, 600.00 feet to a set 3/4-inch |
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iron rod (with cap stamped "JonesCarter Property Corner"); |
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4. South 30°44'58" West, 25.00 feet to a set 3/4-inch |
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iron rod (with cap stamped "JonesCarter Property Corner"); |
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5. North 59°15'02" West, 1371.85 feet to a set 3/4-inch |
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iron rod (with cap stamped "JonesCarter Property Corner") in the |
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south line of a called 139.384 acre tract conveyed to Norma Helen |
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Schoessow by Special Warranty Deed dated October 23, 1995 and filed |
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for record under Clerk's File No. 9559657 of the Montgomery County |
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Official Public Records of Real Property, for the west corner of the |
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herein described tract, from which a found 8-inch by 8-inch |
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concrete monument bears South 87°11'00" East, 8.79 feet; |
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THENCE, North 87°11'00" East, 2105.63 feet (called 2114.59 |
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feet), departing the northeast right-of-way of the said Union |
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Pacific Railroad, along the south line of said 139.384 acres, a |
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north line of said 279.65 acres, and a north line of the herein |
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described tract to a found 8-inch by 8-inch concrete monument, for |
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an angle corner for said 139.384 acres, said 279.65 acres, and the |
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herein described tract; |
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THENCE, North 32°44'24" East, along the southeast line of said |
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139.384 acres, the northwest line of said 279.65 acres, and the |
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northwest line of the herein described tract, passing a found |
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1/2-inch iron rod (bent) at 2037.03 feet, 4.74 feet right, |
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continuing for a total distance of 2056.48 feet to a found 1-inch |
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pinched top pipe, for an angle corner for said 139.384 acres, said |
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279.65 acres, and the herein described tract; |
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THENCE, North 02°29'44" West, 2678.96 feet (called 2681.84 |
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feet) along the east line of said 139.384 acres, the west line of |
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said 279.65 acres, and the west line of the herein described tract |
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to a found 8-inch by 8-inch concrete monument in the south line of a |
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called 77.051 acre tract conveyed to Susan Halstead, Vincent S. |
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Halstead, Steven B. Schoessow, Clarice J. Fore, Curtis F. |
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Schoessow, Douglas P. Schoessow, Jana B. McNeil and Adrianne Leigh |
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Fore by Gift Deed dated October 10, 2014 and filed for record under |
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Clerk's File No. 2014100067 of the Montgomery County Official |
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Public Records of Real Property, for the northeast corner of said |
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139.384 acres and the northwest corner of said 279.65 acres, same |
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being the northwest corner of the herein described tract, from |
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which a found 1/2-inch iron pipe bears North 01°41'45" East, 0.61 |
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feet; |
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THENCE, North 86°56'34" East, along the south line of said |
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77.051 acres, the north line of said 279.65 acres, and the north |
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line of the herein described tract, passing a found 1-inch pinched |
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top pipe at 298.14 feet, continuing along the north line of said |
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279.65 acres and the north line of the herein described tract for a |
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total distance of 715.80 feet to a set 3/4-inch iron rod (with cap |
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stamped "JonesCarter Property Corner") for an angle corner; |
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THENCE, North 86°38'34" East, 561.72 feet (called 561.50 |
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feet), continuing along the north line of said 279.65 acres and the |
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north line of the herein described tract to a found 1/2-inch iron |
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pipe in the apparent east line of the Edward Taylor Survey, Abstract |
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Number 554 and the apparent west line of the Leander Wescott Survey, |
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Abstract Number 616, for the southeast corner of a called 10 acre |
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tract conveyed to Axe Em Investments, L.P. by Special Warranty Deed |
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dated October 1, 2003 and filed for record under Clerk's File |
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No. 2003-134286 of the Montgomery County Official Public Records of |
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Real Property and the northeast corner of said 279.65 acres, same |
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being the northeast corner of the herein described tract, from |
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which a found 1/2-inch iron rod bears North 03°18'03" West, 941.08 |
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feet; |
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THENCE, South 02°35'38" East, along the apparent east line of |
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the Edward Taylor Survey, Abstract Number 554, the apparent west |
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line of the Leander Wescott Survey, Abstract Number 616, the east |
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line of said 279.65 acres and the east line of the herein described |
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tract, passing a found 1/2-inch iron pipe at a distance of 2090.96 |
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feet, 12.71 feet right, a found 5/8-inch iron rod at a distance of |
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2094.87 feet, 12.74 feet right and a found 3/4-inch iron rod (with |
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cap stamped "JonesCarter Property Corner") (previously set for |
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survey of adjoining acreage) at a distance of 2107.96 feet, |
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continuing along apparent east line of the Edward Taylor Survey, |
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Abstract Number 554, the apparent west line of the Robin George |
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Survey, Abstract Number 470, the apparent west line of the Leander |
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Wescott Survey, Abstract Number 615, the west line of Block 4 of |
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Cripple Creek Farms North Section Three (an unrecorded |
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subdivision), the east line of said 279.65 acres and the east line |
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of the herein described tract, same being the common line of a |
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Boundary Agreement dated August 11, 1958 filed for record in Volume |
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458, Page 386 of the Montgomery County Deed Records, passing a found |
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1/2-inch iron pipe at a distance of 2978.61 feet, 4.46 feet right, a |
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found 1/2-inch iron pipe at a distance of 3178.70 feet, 4.50 feet |
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right, a found 5/8-inch iron rod at a distance of 3408.76 feet, 4.96 |
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feet right, a found 1/2-inch iron pipe at a distance of 3638.37 |
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feet, 5.76 feet right, a found 1/2-inch iron pipe at a distance of |
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3846.97 feet, 5.42 feet right, a found 1/2-inch iron pipe at a |
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distance of 4046.44 feet, 4.77 feet right, a found 3/4-inch iron rod |
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at a distance of 4246.56 feet, 4.32 feet right, a found 1/2-inch |
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iron pipe at a distance of 4446.96 feet, 5.22 feet right, a found |
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1/2-inch iron pipe at a distance of 4646.61 feet, 6.40 feet right, a |
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found 5/8-inch iron rod at a distance of 4845.95 feet, 6.30 feet |
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right, a found 1/2-inch iron pipe at a distance of 5044.96 feet, |
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6.79 feet right, a found 1/2-inch iron pipe at a distance of 5644.64 |
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feet, 6.54 feet right, a found 1/4-inch iron pipe at a distance of |
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5665.25 feet, 7.16 feet right, a found 5/8-inch iron rod at a |
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distance of 5665.30 feet, 6.86 feet right, continuing for a total |
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distance of 6047.81 feet (called 6051.88 feet) to the POINT OF |
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BEGINNING, CONTAINING 279.07 acres of land in Montgomery County, |
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Texas, as shown on drawing number 9629-A. |
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TRACT 2 |
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A METES AND BOUNDS description of a 842.23 acre tract of land |
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situated in the Charles Frazier Survey, Abstract Number 206, the |
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Andrew J. Hensley Survey, Abstract Number 255, the Azariah Prather |
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Survey, Abstract Number 427 and the Leander Wescott Survey, |
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Abstract Number 616, Montgomery County, Texas; being out of and a |
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part of a called 881.183 acre tract (Tract 1) conveyed to Mitchell |
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Energy Corporation by Special Warranty Deed dated July 31, 1997 and |
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filed for record under Clerk's File No. 9746155 of the Montgomery |
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County Official Public Records of Real Property; said 842.23 acres |
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being more particularly described as follows with all bearings |
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based on the Texas Coordinate System of 1983, Central Zone: |
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BEGINNING at a found 3-inch iron pipe for the north corner |
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Greentree Forest Estates (an Unrecorded Subdivision), same being an |
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interior corner of the herein described tract; |
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THENCE, South 42°47'48" West, along the northwest line of said |
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Greentree Forest Estates and a southeast line of said 881.183 |
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acres, passing a found 5/8-inch iron rod at 256.52 feet, a found |
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1/2-inch iron rod at 374.49 feet, 0.17 feet left, a found 5/8-inch |
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iron rod at 847.40 feet, a found 5/8-inch iron rod at 965.59 feet, |
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0.38 feet right, a found 1/2-inch iron rod at 1202.01 feet, a found |
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1/2-inch iron rod at 1442.52 feet, 1.05 feet right, a found 5/8-inch |
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iron rod at 1686.50 feet and a found 1/2-inch iron rod at 1921.45 |
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feet, continuing for a total distance of 2155.95 feet (called |
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2155.95 feet) to a set 3/4-inch iron rod (with cap stamped |
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"JonesCarter Property Corner") in the northeast line of called |
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4.615 acre tract, known as Tract 17, Block 4 of Cripple Creek Farms |
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North Section Three (an unrecorded subdivision), conveyed to Larry |
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Dan McQuerry and wife, Mary Margaret McQuerry by General Warranty |
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Deed dated April 2, 1980 and filed for record under Clerk's File |
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No. 8011618 of the Montgomery County Official Public Records of |
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Real Property, for a southwest corner of the herein described |
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tract, from which a found 1/2-inch iron rod bears South 47°45'18" |
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East, 171.07 feet; |
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THENCE, North 47°25'32" West, 433.31 feet (called 1246.42 |
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feet), departing the northwest line of said Greentree Forest |
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Estates, along the northeast line of said 4.615 acres and a |
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southwest line of said 881.183 acres to a set 3/4-inch iron rod |
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(with cap stamped "JonesCarter Property Corner") in the east line |
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of a called 279.65 acre tract conveyed to Mitchell Energy |
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Corporation by Surface Deed and Subsurface Easement dated January |
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1, 1995 and file for record under Clerk's File No. 9509774 of the |
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Montgomery County Official Public Records of Real Property, same |
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being the apparent east line of the Edward Taylor Survey, Abstract |
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Number 554 and the apparent west line of the Leander Wescott Survey, |
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Abstract Number 616, from which found 3-1/2" iron pipe bears North |
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47°25'32" West, 812.94 feet, and a found 1/2-inch iron rod bears |
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South 02°35'38" East, 3939.85 feet; |
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THENCE, North 02°35'38" West, departing the northeast line of |
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said 4.615 acres, along the east line of said 279.65 acres, the |
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apparent east line of the Edward Taylor Survey, Abstract Number 554 |
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and the apparent west line of the Leander Wescott Survey, Abstract |
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Number 616, passing a 5/8-inch iron rod at 13.09 feet, 12.74 feet |
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left and a found 1/2-inch iron pipe at 17.01 feet, 12.71 feet left, |
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continuing for a total distance of 2107.96 feet to a found 1/2-inch |
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iron pipe for the southeast corner of a called 10 acre tract |
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conveyed to Axe Em Investments, L.P. by Special Warranty Deed dated |
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October 1, 2003 and filed for record under Clerk's File |
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No. 2003-134286 of the Montgomery County Official Public Records of |
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Real Property, the northeast corner of said 279.65 acres and an |
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angle point in the west line of the herein described tract, from |
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which a found 3/4-inch iron rod (with cap stamped "JonesCarter |
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Property Corner") bears South 86°38'34" West, 561.72 feet; |
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THENCE, North 03°18'03" West, continuing along the apparent |
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east line of the Edward Taylor Survey, Abstract Number 554, the |
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apparent west line of the Leander Wescott Survey, Abstract Number |
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616, and the east line of said 10 acres, passing a 1/2-inch iron rod |
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at 220.99 feet, continuing along the east line of said 10 acres, the |
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east line of a called 5 acre tract and another called 10 acre tract |
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(hereinafter referred to as "northern 10 acres"), both conveyed to |
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Axe Em Investments, L.P. by Special Warranty Deed dated October 1, |
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2003 and filed for record under Clerk's File No. 2003-134286 of the |
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Montgomery County Official Public Records of Real Property for a |
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total distance of 941.08 feet to a found 1/2-inch iron rod in the |
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north line of said 881.183 acres for an angle point in the south |
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line of a called 757.02 acre tract ("Tract III") conveyed to 1488 |
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Corp. by Special Warranty Deed dated December 29, 2015 and filed for |
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record under Clerk's File No. 2016002467 of the Montgomery County |
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Official Public Records of Real Property, same being the northwest |
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corner of the herein described tract, from which a found axle bears |
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North 48°48'43" West, 728.19 feet and a found 3/4-inch pinched top |
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pipe bears North 03°04'57" West, 1286.89 feet; |
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THENCE, departing the east line of said northern 10 acres, |
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the apparent east line of the Edward Taylor Survey, Abstract Number |
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554 and the apparent west line of the Leander Wescott Survey, |
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Abstract Number 616, along the south line of said 757.02 acres and |
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the north line of said 881.183 acres the following six (6) courses |
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and distances: |
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1. South 48°52'00" East, 593.66 feet (called 1321.86 |
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feet) to a found 3-inch iron pipe for an angle point; |
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2. North 42°00'28" East, 807.36 feet (called 807.98 |
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feet) to a found 3-inch iron pipe; |
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3. North 43°20'46" East, 781.14 feet (called 779.36 |
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feet) to a found 3/4-inch iron pipe; |
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4. North 41°41'25" East, 1538.43 feet (called 1540.14 |
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feet) to a found 3-inch iron pipe; |
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5. North 42°24'04" East, 777.81 feet (called 778.99 |
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feet) to a found 1/2-inch iron rod; |
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6. North 42°15'57" East, 706.71 feet (called 710.25 |
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feet) to a point in the centerline of Mill Creek, for the west |
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corner of a called 6.11186 acre tract, known as Tract 12 of Wildwood |
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Estates (an unrecorded subdivision), conveyed to John M. Burdick |
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and wife, Sandra A. Burdick by Warranty Deed dated October 14, 1991 |
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and file for record under Clerk's File No. 9148107 of the |
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Montgomery County Official Public Records of Real Property, same |
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being the north corner of said 881.183 acres and the herein |
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described tract, from which a found 1-inch iron pipe bears North |
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42°15'57" East, 1881.50 feet; |
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THENCE, departing the south line of said 757.02 acres, along |
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the centerline meanders of said Mill Creek, same being the east line |
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of said 881.183 acres, the following two-hundred and forty-six |
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(246) courses and distances: |
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1. South 12°18'18" East, 20.94 feet to a point; |
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2. South 22°23'59" East, 74.66 feet to a point; |
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3. South 42°53'52" West, 46.44 feet to a point; |
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4. South 36°58'56" West, 46.01 feet to a point; |
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5. South 09°52'55" East, 37.33 feet to a point; |
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6. North 87°56'29" East, 80.12 feet to a point; |
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7. South 45°12'31" East, 17.10 feet to a point; |
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8. South 10°52'22" East, 26.87 feet to a point; |
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9. South 02°05'39" East, 26.13 feet to a point; |
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10. South 12°44'29" East, 19.29 feet to a point; |
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11. South 04°45'43" West, 43.16 feet to a point; |
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12. South 35°59'36" East, 36.12 feet to a point; |
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13. South 09°16'25" West, 32.54 feet to a point; |
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14. South 12°40'55" West, 171.14 feet to a point; |
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15. South 06°14'53" East, 70.78 feet to a point; |
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16. South 41°23'52" East, 61.54 feet to a point; |
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17. South 14°42'38" East, 130.27 feet to a point; |
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18. South 23°55'53" East, 126.21 feet to a point; |
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19. South 10°03'51" East, 50.67 feet to a point; |
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20. South 36°50'20" East, 107.39 feet to a point; |
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21. South 10°43'38" East, 60.21 feet to a point; |
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22. South 21°14'15" West, 153.28 feet to a point; |
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23. South 22°33'14" West, 58.07 feet to a point; |
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24. South 05°35'01" West, 20.25 feet to a point; |
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25. South 61°22'44" East, 38.41 feet to a point; |
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26. South 69°02'33" East, 58.99 feet to a point; |
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27. South 12°12'50" East, 124.16 feet to a point; |
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28. South 32°31'48" East, 44.10 feet to a point; |
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29. South 57°36'47" East, 61.05 feet to a point; |
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30. South 53°27'39" East, 56.94 feet to a point; |
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31. South 33°14'19" East, 97.80 feet to a point; |
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32. South 21°00'11" East, 47.88 feet to a point; |
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33. South 00°14'08" West, 9.48 feet to a point; |
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34. South 35°38'34" West, 15.42 feet to a point; |
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35. South 05°09'49" West, 35.23 feet to a point; |
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36. South 41°24'16" East, 29.71 feet to a point; |
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37. South 59°26'29" East, 22.32 feet to a point; |
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38. South 69°02'33" East, 324.70 feet to a point; |
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39. South 85°20'52" East, 48.71 feet to a point; |
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40. North 78°12'44" East, 26.46 feet to a point; |
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41. North 42°26'02" East, 37.26 feet to a point; |
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42. North 09°57'57" East, 21.44 feet to a point; |
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43. North 71°11'45" West, 44.32 feet to a point; |
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44. North 43°20'43" West, 8.72 feet to a point; |
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45. North 01°04'41" West, 22.38 feet to a point; |
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46. North 21°27'17" East, 14.55 feet to a point; |
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47. North 35°12'16" East, 57.34 feet to a point; |
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48. South 40°49'24" East, 26.21 feet to a point; |
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49. South 26°33'49" East, 19.14 feet to a point; |
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50. South 78°44'47" East, 39.61 feet to a point; |
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51. South 42°37'50" East, 117.76 feet to a point; |
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52. South 63°31'02" East, 54.42 feet to a point; |
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53. North 86°22'35" East, 14.48 feet to a point; |
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54. South 83°23'38" East, 50.81 feet to a point; |
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55. South 41°53'26" East, 37.41 feet to a point; |
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56. South 10°42'29" East, 156.83 feet to a point; |
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57. South 50°37'37" East, 26.55 feet to a point; |
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58. South 35°05'48" East, 74.85 feet to a point; |
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59. South 34°45'59" East, 50.28 feet to a point; |
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60. South 63°14'51" East, 163.53 feet to a point; |
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61. South 87°53'24" East, 20.12 feet to a point; |
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62. North 48°15'22" East, 95.09 feet to a point; |
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63. South 57°40'49" East, 12.18 feet to a point; |
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64. South 55°52'46" East, 39.03 feet to a point; |
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65. South 30°38'19" East, 13.33 feet to a point; |
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66. South 17°12'36" East, 20.13 feet to a point; |
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67. South 54°53'29" East, 145.28 feet to a point; |
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68. South 66°39'02" East, 56.87 feet to a point; |
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69. South 75°44'05" East, 87.52 feet to a point; |
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70. South 58°53'21" East, 90.35 feet to a point; |
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71. North 88°28'59" East, 42.27 feet to a point; |
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72. South 56°16'37" East, 181.99 feet to a point; |
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73. South 40°53'21" East, 125.58 feet to a point; |
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74. South 31°26'40" West, 50.99 feet to a point; |
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75. South 28°10'18" West, 24.21 feet to a point; |
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76. South 77°29'22" East, 19.73 feet to a point; |
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77. South 50°09'42" East, 96.47 feet to a point; |
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78. South 56°32'41" East, 38.23 feet to a point; |
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79. South 54°49'44" East, 31.98 feet to a point; |
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80. North 77°40'42" East, 30.26 feet to a point; |
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81. North 80°05'57" East, 64.03 feet to a point; |
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82. South 66°03'01" East, 290.35 feet to a point; |
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83. South 63°25'23" East, 170.62 feet to a point; |
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84. South 62°41'27" East, 181.12 feet to a point; |
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85. South 49°53'40" East, 59.94 feet to a point; |
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86. South 39°07'27" East, 46.28 feet to a point; |
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87. South 05°14'20" West, 92.52 feet to a point; |
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88. South 63°37'44" West, 38.32 feet to a point; |
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89. South 46°52'08" West, 17.69 feet to a point; |
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90. South 30°30'24" West, 32.48 feet to a point; |
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91. South 52°08'30" West, 30.87 feet to a point; |
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92. North 88°59'43" West, 56.63 feet to a point; |
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93. South 40°10'42" West, 137.98 feet to a point; |
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94. South 17°29'36" West, 77.42 feet to a point; |
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95. South 00°37'28" East, 30.27 feet to a point; |
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96. South 83°36'36" East, 64.24 feet to a point; |
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97. South 86°39'20" East, 105.45 feet to a point; |
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98. South 46°06'16" East, 176.19 feet to a point; |
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99. South 56°22'42" East, 61.38 feet to a point; |
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100. South 53°51'41" East, 64.61 feet to a point; |
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101. North 46°16'54" East, 19.60 feet to a point; |
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102. North 42°53'51" East, 33.81 feet to a point; |
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103. North 81°54'47" East, 105.65 feet to a point; |
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104. South 78°49'30" East, 53.59 feet to a point; |
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105. South 39°53'14" East, 18.21 feet to a point; |
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106. South 27°02'07" East, 57.44 feet to a point; |
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107. South 40°36'08" East, 83.23 feet to a point; |
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108. South 36°14'03" East, 104.79 feet to a point; |
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109. South 21°55'33" West, 120.32 feet to a point; |
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110. South 45°28'18" West, 24.82 feet to a point; |
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111. North 87°16'18" West, 60.19 feet to a point; |
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112. South 04°03'57" West, 40.49 feet to a point; |
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113. South 19°30'55" West, 113.56 feet to a point; |
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114. South 17°09'33" West, 26.63 feet to a point; |
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115. South 06°32'51" West, 52.58 feet to a point; |
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116. South 48°03'00" East, 198.07 feet to a point; |
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117. South 78°07'22" East, 39.83 feet to a point; |
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118. South 45°15'38" East, 108.53 feet to a point; |
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119. South 15°27'32" East, 74.05 feet to a point; |
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120. South 29°42'12" East, 187.05 feet to a point; |
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121. South 10°51'23" East, 98.64 feet to a point; |
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122. South 13°57'22" West, 16.81 feet to a point; |
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123. South 05°41'13" East, 152.49 feet to a point; |
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124. South 04°31'17" East, 117.06 feet to a point; |
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125. South 04°48'51" West, 67.94 feet to a point; |
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126. South 20°51'03" West, 86.27 feet to a point; |
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127. South 48°35'35" West, 63.11 feet to a point; |
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128. South 48°58'11" West, 27.31 feet to a point; |
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129. South 41°19'59" West, 147.94 feet to a point; |
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130. South 16°43'24" West, 51.25 feet to a point; |
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131. South 38°48'25" West, 129.88 feet to a point; |
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132. South 48°43'18" West, 33.26 feet to a point; |
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133. South 49°33'27" West, 63.28 feet to a point; |
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134. South 34°02'23" West, 138.93 feet to a point; |
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135. South 43°19'50" West, 77.02 feet to a point; |
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136. South 21°42'27" East, 21.32 feet to a point; |
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137. South 19°31'50" East, 69.55 feet to a point; |
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138. South 10°43'23" East, 164.23 feet to a point; |
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139. South 50°46'56" East, 96.05 feet to a point; |
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140. South 38°12'17" East, 124.95 feet to a point; |
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141. South 14°25'39" East, 40.20 feet to a point; |
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142. South 04°53'50" East, 123.95 feet to a point; |
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143. South 32°39'47" East, 115.61 feet to a point; |
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144. South 15°59'49" East, 145.05 feet to a point; |
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145. South 44°34'59" East, 144.65 feet to a point; |
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146. South 62°03'10" East, 95.40 feet to a point; |
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147. South 79°38'44" East, 72.91 feet to a point; |
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148. South 10°24'52" East, 229.66 feet to a point; |
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149. North 68°22'11" West, 80.47 feet to a point; |
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150. South 07°25'05" East, 48.42 feet to a point; |
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151. South 02°41'47" West, 198.27 feet to a point; |
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152. South 43°12'25" West, 88.27 feet to a point; |
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153. South 51°53'13" West, 53.80 feet to a point; |
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154. South 46°45'22" East, 42.20 feet to a point; |
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155. South 61°43'29" East, 161.36 feet to a point; |
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156. South 28°19'40" East, 101.12 feet to a point; |
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157. South 32°48'06" East, 144.76 feet to a point; |
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158. South 50°37'24" East, 51.47 feet to a point; |
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159. South 28°01'42" East, 126.58 feet to a point; |
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160. South 38°57'45" East, 107.31 feet to a point; |
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161. South 50°24'34" East, 71.71 feet to a point; |
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162. South 09°29'22" East, 212.34 feet to a point; |
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163. South 00°20'59" West, 132.90 feet to a point; |
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164. South 19°40'54" East, 86.34 feet to a point; |
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165. South 14°58'26" West, 140.70 feet to a point; |
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166. South 10°08'09" West, 74.76 feet to a point; |
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167. South 53°21'21" West, 115.04 feet to a point; |
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168. South 27°54'49" West, 62.71 feet to a point; |
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169. South 34°48'30" East, 61.40 feet to a point; |
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170. South 66°20'22" East, 141.85 feet to a point; |
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171. South 72°53'56" East, 64.16 feet to a point; |
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172. South 80°40'10" East, 93.92 feet to a point; |
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173. North 88°21'42" East, 215.53 feet to a point; |
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174. North 72°22'13" East, 72.02 feet to a point; |
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175. North 30°33'22" East, 51.13 feet to a point; |
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176. North 53°06'11" East, 67.65 feet to a point; |
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177. South 89°23'41" East, 60.02 feet to a point; |
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178. North 69°42'48" East, 89.16 feet to a point; |
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179. North 84°21'21" East, 28.12 feet to a point; |
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180. South 65°03'29" East, 63.15 feet to a point; |
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181. South 24°31'20" East, 153.15 feet to a point; |
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182. South 79°55'10" East, 74.23 feet to a point; |
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183. South 30°19'44" East, 69.41 feet to a point; |
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184. South 26°36'17" West, 67.33 feet to a point; |
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185. South 51°53'55" East, 28.30 feet to a point; |
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186. South 48°09'02" East, 20.98 feet to a point; |
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187. South 69°54'32" East, 42.71 feet to a point; |
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188. South 49°35'02" East, 114.15 feet to a point; |
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189. South 61°51'29" East, 70.82 feet to a point; |
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190. North 56°45'53" East, 81.24 feet to a point; |
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191. North 10°22'42" West, 27.52 feet to a point; |
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192. North 44°20'07" West, 46.76 feet to a point; |
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193. North 14°23'02" West, 40.60 feet to a point; |
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194. North 81°26'55" East, 88.16 feet to a point; |
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195. South 81°27'52" East, 225.26 feet to a point; |
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196. North 50°13'30" East, 52.21 feet to a point; |
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197. South 83°42'53" East, 38.65 feet to a point; |
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198. South 53°20'17" East, 54.33 feet to a point; |
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199. South 34°41'44" East, 78.36 feet to a point; |
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200. South 04°59'36" West, 17.83 feet to a point; |
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201. South 75°56'24" West, 26.48 feet to a point; |
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202. North 80°06'10" West, 22.44 feet to a point; |
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203. South 15°30'22" West, 102.03 feet to a point; |
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204. South 77°49'42" West, 77.55 feet to a point; |
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205. South 05°43'31" West, 17.16 feet to a point; |
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206. South 36°38'48" East, 52.50 feet to a point; |
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207. South 22°17'18" West, 18.42 feet to a point; |
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208. South 46°04'19" West, 106.13 feet to a point; |
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209. South 00°20'40" East, 46.25 feet to a point; |
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210. North 86°03'23" East, 65.78 feet to a point; |
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211. South 88°15'33" East, 59.39 feet to a point; |
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212. South 72°52'21" East, 84.16 feet to a point; |
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213. South 22°30'03" East, 31.04 feet to a point; |
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214. South 07°37'19" West, 34.13 feet to a point; |
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215. South 13°51'28" East, 32.68 feet to a point; |
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216. South 42°01'46" East, 82.75 feet to a point; |
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217. South 32°57'14" East, 31.07 feet to a point; |
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218. South 26°42'20" West, 36.83 feet to a point; |
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219. South 51°10'47" West, 104.44 feet to a point; |
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220. South 78°09'38" West, 133.44 feet to a point; |
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221. North 65°18'54" West, 40.51 feet to a point; |
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222. North 20°57'04" West, 19.22 feet to a point; |
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223. North 20°58'16" East, 21.54 feet to a point; |
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224. North 31°10'24" West, 21.19 feet to a point; |
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225. South 86°54'36" West, 98.56 feet to a point; |
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226. South 62°17'52" West, 61.48 feet to a point; |
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227. South 10°48'36" West, 14.13 feet to a point; |
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228. South 68°28'09" West, 146.02 feet to a point; |
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229. South 66°50'57" West, 13.98 feet to a point; |
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230. South 54°14'31" West, 9.13 feet to a point; |
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231. South 28°53'35" West, 47.36 feet to a point; |
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232. South 14°53'51" East, 38.67 feet to a point; |
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233. South 33°16'15" West, 110.49 feet to a point; |
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234. South 25°51'57" West, 87.36 feet to a point; |
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235. South 24°40'48" West, 168.46 feet to a point; |
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236. South 18°07'49" West, 119.57 feet to a point; |
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237. South 07°55'38" West, 73.03 feet to a point; |
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238. South 30°22'38" East, 68.89 feet to a point; |
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239. South 08°41'13" West, 43.89 feet to a point; |
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240. South 20°25'31" West, 64.73 feet to a point; |
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241. South 06°48'07" West, 63.29 feet to a point; |
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242. South 07°37'07" West, 39.79 feet to a point; |
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243. South 28°55'17" West, 36.09 feet to a point; |
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244. South 66°13'24" West, 56.17 feet to a point; |
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245. South 43°02'27" West, 59.63 feet to a point; |
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246. South 13°44'31" West, 6.84 feet to a point in the |
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northeast line of Mill Creek Forest as shown on a plat filed for |
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record in Volume 5, Page 491 of the Montgomery County Deed Records |
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for the most southerly corner of said 881.183 acres and the herein |
|
described tract; |
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THENCE, North 46°43'05" West, departing the centerline |
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meanders of said Mill Creek, along the northeast line of said Mill |
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Creek Forest, and the southwest line of said 881.183 acres, passing |
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a found 1/2-inch iron rod (with cap stamped "Reinke 3971") at 61.41 |
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feet, continuing for a total distance of 397.79 feet (called |
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414.06) to a found 1/2-inch iron rod (with cap stamped "Geomatics |
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Inc.") for the north corner of said Mill Creek Forest, and an |
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interior corner of said 881.183 acres and the herein described |
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tract; |
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THENCE, South 43°03'45" West, along the northwest line of said |
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Mill Creek Forest and a southeast line of said 881.183 acres, |
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passing a found 3/4-inch iron pipe at 104.79 feet, 0.97 feet right, |
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continuing for a total distance of 198.18 feet (called 192.78 feet) |
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to a set 3/4-inch iron rod (with cap stamped "JonesCarter Property |
|
Corner") for the east corner of Lot 14, Block 44 of Hazy Hollow East |
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Estates Section 7 (an unrecorded subdivision) conveyed to Malcom |
|
James Johnson by Warranty Deed dated April 5, 1991 and filed for |
|
record under Clerk's File No. 9230908 of the Montgomery County |
|
Official Public Records of Real Property, a south corner of said |
|
881.183 acres and the herein described tract; |
|
THENCE, departing the northwest line of said Mill Creek |
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Forest along the southwest line of said 881.183 acres and the herein |
|
described tract the following seven (7) courses and distances: |
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1. North 47°15'15" West, along the northeast line said |
|
Hazy Hollow East Estates Section 7, passing a found 3/8-inch iron |
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rod at 1321.03 feet, 1.17 feet left, passing a found 1/2-inch iron |
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rod at 1429.95 feet, 1.21 feet left, continuing for a total distance |
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of 1755.51 feet to an angle point, from which a found 1/2-inch iron |
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rod bears North 21°27'43" West 4.22 feet; |
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2. North 47°29'30" West, along the northeast line of |
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said Hazy Hollow East Estates Section 7 and the northeast line of |
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Hazy Hollow East Estates Section 4 (an unrecorded subdivision), |
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passing a found 3/8-inch iron rod at 393.30 feet, 1.24 feet right, |
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continuing for a total distance of 711.72 feet to a point; |
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3. North 47°20'39" West, along the northeast line of |
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Hazy Hollow East Estates Section 10 (an unrecorded subdivision), |
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passing a found 3/8-inch iron rod at 126.64 feet, 2.16 feet right, |
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passing a found 3/8-inch iron rod at 375.33 feet, 1.09 feet right, |
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passing a found 3/8-inch iron rod at 499.77 feet, 0.63 feet right, |
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continuing for a total distance of 527.41 feet to a point; |
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4. North 47°17'20" West, along the northeast line of |
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said Hazy Hollow East Estates Section 10, passing a found 5/8-inch |
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iron rod at 96.90 feet, 0.38 feet right, a found 1/2-inch iron rod |
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(bent) at 289.53 feet, a found 3/8-inch iron rod at 422.16 feet, |
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0.24 feet right, a found 1/2-inch iron rod at 554.92 feet, a found |
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5/8-inch iron rod at 687.54 feet, a found 3/8-inch iron rod at |
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1116.06 feet, 0.31 feet left, a found 3/8-inch iron rod at 1239.11 |
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feet, 0.41 feet left, a found 3/8-inch iron rod at 1484.87 feet, |
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0.98 feet left, a found 3/8-inch iron rod at 1608.04 feet, 1.32 feet |
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left, a found 3/8-inch iron rod at 1731.04 feet, 1.21 feet left, a |
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found 3/8-inch iron rod at 1854.08 feet, 0.55 feet left, a found |
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5/8-inch square iron bar at 1977.47 feet, 0.11 feet right, a found |
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5/8-inch square iron bar at 2037.11 feet, 0.36 feet right, a found |
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3/8-inch iron rod at 2159.55 feet, 1.03 feet right, a found 1/2-inch |
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iron rod (with cap stamped "C&C Surveying") at 2282.80 feet, 0.18 |
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feet right, a found 1/2-inch iron rod (with cap stamped "C&C |
|
Surveying") at 2405.70 feet, and a found 3/8-inch iron rod at |
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2897.75 feet, 0.13 feet right, continuing for a total distance of |
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3015.29 feet to a point; |
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5. North 47°22'30" West, along the northeast line of |
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Hazy Hollow East Estates Section 11 (an unrecorded subdivision), |
|
passing a found 3/8-inch iron rod at 5.37 feet, 2.20 feet left, a |
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found 3/8-inch iron rod at 128.11 feet, 3.14 feet left, a found |
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3/8-inch iron rod at 251.00 feet, 3.59 feet left, a found 3/8-inch |
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iron rod at 373.97 feet, 3.79 feet left, a found 3/8-inch iron rod |
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at 496.74 feet, 3.70 feet left, a found 3/8-inch iron rod at 619.44 |
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feet, 3.76 feet left, a found 3/8-inch iron rod at 743.26 feet, |
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1.81 feet left, and a found 3/8-inch iron rod at 988.51 feet, 0.13 |
|
feet left, continuing for a total distance of 1784.65 feet to a |
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found 1/2-inch iron rod for the north corner of said Hazy Hollow |
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East Estates Section 11 and the east corner of Greentree Forest |
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Estates (an unrecorded subdivision); |
|
6. North 47°01'59" West, along the northeast line of |
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said Greentree Forest Estates, passing a found 1/2-inch iron rod at |
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354.40 feet, passing a found 5/8-inch iron rod at 414.22 feet, |
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continuing for a total distance of 498.04 feet to a found 3-1/2-inch |
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iron pipe; |
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7. North 47°36'37" West, 270.64 feet (called 270.76 |
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feet) to the POINT OF BEGINNING, CONTAINING 842.23 acres of land in |
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Montgomery County, Texas, as shown on drawing number 9630-A. |
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SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
7974, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7974.107 to read as follows: |
|
Sec. 7974.107. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) 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. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |