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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration, powers, territory, and financing of |
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the Garfield Municipal Utility District No. 1. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 776, Acts of the 78th Legislature, |
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Regular Session, 2003, is amended by adding Section 5A to read as |
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follows: |
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SECTION 5A. EXCLUDED LAND. The following land is excluded |
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from the territory of the district: |
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Approximately 402.839 acres of land, consisting of the |
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following tracts: |
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Tract 1: a 267.792 acre portion of that parcel of land |
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described by metes and bounds in Section 15(g) of this Act; |
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Tract 2: being a 135.047 acre portion of that parcel of land |
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described by metes and bounds in Section 15(h) of this Act. |
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SECTION 2. Chapter 776, Acts of the 78th Legislature, |
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Regular Session, 2003, is amended by adding Sections 7A, 7B, 7C, 7D, |
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and 7E to read as follows: |
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SECTION 7A. AUTHORITY FOR ROAD PROJECTS. Under Section 52, |
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Article III, Texas Constitution, the district may design, acquire, |
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construct, finance, issue bonds for, improve, operate, maintain, |
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and convey to this state, a county, or a municipality for operation |
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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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SECTION 7B. 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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SECTION 7C. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS |
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FOR ROAD PROJECTS. The district may issue bonds or other |
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obligations payable wholly or partly from ad valorem taxes, impact |
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fees, revenue, contract payments, grants, or other district money, |
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or any combination of those sources, to pay for a road project |
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authorized by Section 7A of this Act. At the time of issuance, the |
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total principal amount of bonds or other obligations issued or |
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incurred to finance road projects and payable from ad valorem taxes |
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may not exceed one-fourth of the assessed value of the real property |
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in the district. |
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SECTION 7D. TAXES FOR ROAD PROJECT BONDS. At the time the |
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district issues bonds payable wholly or partly from ad valorem |
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taxes for a road project authorized by Section 7A of this Act, 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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SECTION 7E. ELECTIONS REGARDING ROAD PROJECT BONDS. The |
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district may not issue bonds payable from ad valorem taxes to |
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finance a road project unless the issuance is approved by a vote of |
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a two-thirds majority of the district voters voting at an election |
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held for that purpose. |
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SECTION 3. Section 11(a), Chapter 776, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended to read as follows: |
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(a) The temporary board consists of: |
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(1) C. T. Granger III [Ricky Turner]; |
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(2) Nathan L. Kennedy [John Lefner]; |
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(3) Jason Howell Levine [Tom Granger]; |
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(4) David Gonzalez [Allen Williams]; and |
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(5) William J. Murphy [Elroy Williams]. |
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SECTION 4. Section 12, Chapter 776, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended to read as follows: |
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SECTION 12. CONFIRMATION AND INITIAL DIRECTORS ELECTION. |
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The [(a) Not later than the fourth anniversary of the effective |
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date of this Act, the] temporary board shall hold an election to |
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confirm establishment of the district and to elect five initial |
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directors as provided by Section 49.102, Water Code. |
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[(b) Section 41.001(a), Election Code, does not apply to a |
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confirmation and initial directors election held under this |
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section.] |
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SECTION 5. Section 15, Chapter 776, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended by adding |
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Subsections (g) and (h) to read as follows: |
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(g) FIELD NOTES FOR A 267.792 ACRE TRACT OF LAND OUT OF THE |
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REUBEN GAGE SURVEY, ABSTRACT NO. 31, BASTROP COUNTY, TEXAS; BEING |
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ALL OF A CALLED 261.430 ACRE TRACT OF LAND DESCRIBED AS TRACT 1 AS |
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CONVEYED TO CTX HWY 21, LP BY WARRANTY DEED WITH VENDOR'S LIEN |
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RECORDED IN DOCUMENT NUMBER 202216695 OF THE OFFICIAL PUBLIC |
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RECORDS OF BASTROP COUNTY, TEXAS, BEING ALL OF A CALLED 6.362 ACRE |
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TRACT OF LAND AS CONVEYED TO CTX HWY 21, LP BY SPECIAL WARRANTY DEED |
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100' ROW RECORDED IN DOCUMENT NUMBER 202221197 OF THE OFFICIAL |
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PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, BEING A PORTION OF A |
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100-FOOT WIDE UNIMPROVED RIGHT-OF-WAY AS DEDICATED BY VOLUME 427, |
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PAGE 848 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, |
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AND BEING A PORTION OF LOTS 7, 8, 10 AND 11 OF MARK YOUNG RANCH, A |
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SUBDIVISION AS REFERENCED IN VOLUME 52, PAGE 351 OF THE DEED RECORDS |
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OF BASTROP COUNTY, TEXAS; SAID 267.792 ACRES OF LAND BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 1/2-inch iron rod with cap stamped "BGE Inc" |
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set on the southeast line of THE RANCH, a subdivision recorded in |
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Cabinet 1, Page 74-B of the Plat Records of Bastrop County, Texas, |
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at the most westerly corner of the above described CTX HWY 21 Tract |
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1, and at the most northerly corner of a called 100.842 acre tract |
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of land described as Tract 1 as conveyed to Cedar Creek East LP by |
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Special Warranty Deed recorded in Document Number 202114074 of the |
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Official Public Records of Bastrop County, Texas, for the most |
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westerly corner of the herein described tract, from which a found |
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1/2-inch iron rod bears N 46°52'57" W a distance of 2.59 feet, and |
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from which a found 1/2-inch iron pipe bears S 43°03'13" W a distance |
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of 321.19 feet; |
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THENCE, with a northwest line of said CTX HWY 21 Tract 1 and |
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the southeast line of said THE RANCH, N 43°08'04" E a distance of |
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314.84 feet to a 1/2-inch iron rod with cap stamped "BGE Inc" set at |
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an exterior corner of said CTX HWY 21 Tract 1, and at the most |
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westerly corner of a called 135.047 acre tract of land described as |
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Tract 2 as conveyed to CTX SPE 4, LP by Warranty Deed with Vendor's |
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Lien recorded in said Document Number 202216695 of the Official |
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Public Records of Bastrop County, Texas, for an exterior corner of |
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the herein described tract, from which a 1/2-inch iron rod with cap |
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stamped "BGE Inc" set at the most easterly corner of said THE RANCH, |
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at the most southerly corner of FOREST LAKES, a subdivision |
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recorded in Cabinet 1, Page 164-A of the Plat Records of Bastrop |
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County, Texas, and at the most southerly terminus of Lakeview Drive |
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(50 feet wide) as dedicated by said FOREST LAKES, bears |
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N 43°08'04" E a distance of 204.63 feet; |
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THENCE, departing the southeast line of said THE RANCH, with |
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the north line of said CTX HWY 21 Tract 1 and the south line of said |
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CTX SPE 4 Tract, the following six (6) courses: |
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(1) S 84°51'25" E a distance of 407.47 feet to a 1/2-inch iron rod |
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with cap stamped "BGE Inc" set for an angle point; |
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(2) N 77°52'25" E a distance of 373.22 feet to a 1/2-inch iron rod |
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with cap stamped "BGE Inc" set for an angle point; |
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(3) N 27°47'35" E a distance of 215.08 feet to a 1/2-inch iron rod |
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with cap stamped "BGE Inc" set for an exterior corner of said CTX |
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HWY 21 Tract 1, and at an interior corner of said CTX SPE 4 Tract, |
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for an exterior corner of the herein described tract; |
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(4) S 62°12'25" E a distance of 1,071.49 feet to a 1/2-inch iron rod |
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with cap stamped "BGE Inc" set for an interior corner of said CTX |
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HWY 21 Tract 1, and at an exterior corner of said CTX SPE 4 Tract, |
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for an interior corner of the herein described tract; |
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(5) N 60°51'43" E a distance of 490.04 feet to a 1/2-inch iron rod |
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with cap stamped "BGE Inc" set for an angle point; and |
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(6) N 43°03'50" E a distance of 2,814.94 feet to a 1/2-inch iron rod |
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with cap stamped "BGE Inc" set on the southwest line of THOUSAND |
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OAKS, a subdivision recorded in Cabinet 1, Page 129-A of the Plat |
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Records of Bastrop County, Texas, at the most northerly corner of |
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said CTX HWY 21 Tract 1, and at the most easterly corner of said CTX |
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SPE 4 Tract, for the most northerly corner of the herein described |
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tract, from which a 1/2-inch iron rod found at the most southerly |
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corner of Lot 53 and the most westerly corner of Lot 52, both of said |
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THOUSAND OAKS, bears N 47°03'28" W a distance of 206.43 feet; |
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THENCE, with the northeast line of said CTX HWY 21 Tract 1 and |
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the southwest line of said THOUSAND OAKS, S 47°03'28" E a distance |
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of 1,016.21 feet to a 3/8-inch iron rod found at the most southerly |
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corner of Lot 48 and the most westerly corner of Lot 47, both of said |
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THOUSAND OAKS, for an angle point; |
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THENCE, continuing with the northeast line of said CTX HWY 21 |
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Tract 1 and the southwest line of said THOUSAND OAKS and partly with |
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the southwest line of AMENDED PLAT OF LOT 46 AND PORTION OF LOT 47, |
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THOUSAND OAKS, a subdivision recorded in Cabinet 6, Sheet 28A of the |
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Plat Records of Bastrop County, Texas, S 46°46'54" E a distance of |
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770.36 feet to a 3/8-inch iron rod found for an angle point; |
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THENCE, continuing with the northeast line of said CTX HWY 21 |
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Tract 1 and the southwest line of said AMENDED PLAT OF LOT 46 AND |
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PORTION OF LOT 47, THOUSAND OAKS, S 46°27'13" E a distance of 342.84 |
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feet to a fence post found at the most easterly corner of said CTX |
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HWY 21 Tract 1, and at the most northerly corner of a called 587.274 |
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acre tract of land described as Tract 3 as conveyed to Cedar Creek |
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East LP by Special Warranty Deed recorded in said Document Number |
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202114074 and Correction Instruments as to a Recorded Original |
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Instrument recorded in Document Numbers 202216447 and 202216495, |
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all of the Official Public Records of Bastrop County, Texas, for the |
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most easterly corner of the herein described tract, from which a |
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1/2-inch iron rod found at the most southerly corner of said AMENDED |
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PLAT OF LOT 46 AND PORTION OF LOT 47, THOUSAND OAKS, bears |
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S 46°52'02" E a distance of 1,345.39 feet; |
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THENCE, generally along a fence, with the southeast line of |
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said CTX HWY 21 Tract 1 and the northwest line of said Cedar Creek |
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East Tract 3, S 42°54'02" W a distance of 4,643.68 feet to a |
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1/2-inch iron rod found at the most southerly corner of said CTX HWY |
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21 Tract 1, and at the most easterly corner of a called 121.000 acre |
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tract of land described as Tract 2 as conveyed to Cedar Creek East |
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LP by Special Warranty Deed recorded in said Document Number |
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202114074 of the Official Public Records of Bastrop County, Texas, |
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for the most southerly corner of the herein described tract, from |
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which a found 3/8-inch iron rod bears N 38°41'24" W a distance of |
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0.68 feet, and from which a 1/2-inch iron rod with cap stamped "BGE |
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Inc" found on the north line of a called 141.079 acre tract of land |
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as conveyed to NEU Community Creekside LLC by Special Warranty Deed |
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recorded in Document Number 202207532 of the Official Public |
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Records of Bastrop County, Texas, at a common corner of the |
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remainders of said Cedar Creek East Tract 2 and said Cedar Creek |
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East Tract 3, bears S 43°02'33" W a distance of 2,032.33 feet; |
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THENCE, generally along a fence, with the southwest line of |
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said CTX HWY 21 Tract 1 and the northeast line of said Cedar Creek |
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East Tract 2, N 46°52'57" W, pass a 1/2-inch iron rod with cap |
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stamped "BGE Inc" set on the south line of said 100-foot wide |
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unimproved right-of-way, at an exterior corner of said CTX HWY 21 |
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Tract 1, at the most southerly corner of the above described CTX HWY |
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21 6.362 acre tract, and at the northeast corner of said Cedar Creek |
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East Tract 2 at a distance of 476.83 feet, and continuing on |
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generally along a fence, with the southwest line of said CTX HWY 21 |
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6.362 acre tract and over and across said 100-foot wide unimproved |
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right-of-way, pass a 1/2-inch iron rod with cap stamped "BGE Inc" |
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set on the north line of said 100-foot wide unimproved |
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right-of-way, at an exterior corner of said CTX HWY 21 Tract 1, at |
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the most westerly corner of said CTX HWY 21 6.362 acre tract, and at |
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the most easterly corner of said Cedar Creek East Tract 1 at a |
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distance of 588.33 feet, and continuing on generally along a fence, |
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with the southwest line of said CTX HWY 21 Tract 1 and the northeast |
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line of said Cedar Creek East Tract 1 for a total distance of |
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3,804.30 feet to the POINT OF BEGINNING and containing 267.792 |
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acres of land, more or less. |
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(h) FIELD NOTES FOR A 135.047 ACRE TRACT OF LAND OUT OF THE |
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REUBEN GAGE SURVEY, ABSTRACT NO. 31, THE HIRAM BEALES SURVEY, |
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ABSTRACT NO. 12, AND THE ISAAC LINDSEY SURVEY, ABSTRACT NO. 226, ALL |
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OF BASTROP COUNTY, TEXAS; BEING A PORTION OF A CALLED 808.872 ACRE |
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TRACT OF LAND AS CONVEYED TO FREDDIE WAYNE HOSKINS, TRUSTEE OF THE |
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HOSKINS GRANTOR RETAINED ANNUITY TRUST BY WARRANTY DEED RECORDED IN |
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DOCUMENT NUMBER 200411085 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP |
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COUNTY, TEXAS, AND BEING A PORTION OF LOT 7 AND LOT 10 OF MARK YOUNG |
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RANCH, A SUBDIVISION AS REFERENCED IN VOLUME 52, PAGE 351 OF THE |
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DEED RECORDS OF BASTROP COUNTY, TEXAS; SAID 135.047 ACRES OF LAND |
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BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 1/2-inch iron rod found on the northwest line |
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of the above described Hoskins Tract and the southwest right-of-way |
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line of Privada Drive (50 feet wide) as shown on the plat of |
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ESCONDIDO, a subdivision recorded in Cabinet 1, Page 66-A of the |
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Plat Records of Bastrop County, Texas, at the most easterly corner |
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of Lot 20 of said ESCONDIDO, for the most northerly corner and POINT |
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OF BEGINNING of the herein described tract; |
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THENCE, leaving the southeast line of said ESCONDIDO, over |
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and across said Hoskins Tract and with the apparent southwest |
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right-of-way line of said Privada Drive, S 47°24'40" E a distance of |
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31.39 feet to a 1/2-inch iron rod with cap stamped "BGE Inc" set on a |
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southeast line of said Hoskins Tract and the northwest line of |
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THOUSAND OAKS, a subdivision recorded in Cabinet 1, Page 129-A of |
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the Plat Records of Bastrop County, Texas, at the intersection with |
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the southeast right-of-way line of Elm Forest Loop (called 12 varas |
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wide) as recorded in Volume 55, Page 223 of the Deed Records of |
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Bastrop County, Texas, and as shown on said ESCONDIDO and said |
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THOUSAND OAKS, for an exterior corner of the herein described |
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tract; |
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THENCE, with a southeast line of said Hoskins Tract and the |
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northwest line of said THOUSAND OAKS, S 43°23'38" W a distance of |
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65.41 feet to a 1/2-inch iron rod found at an interior corner of |
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said Hoskins Tract, and at the most westerly corner of said THOUSAND |
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OAKS, for an interior corner of the herein described tract; |
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THENCE, with the northeast line of said Hoskins Tract and the |
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southwest line of said THOUSAND OAKS, S 46°56'10" E a distance of |
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1,427.18 feet to a 1/2-inch iron rod found at the most southerly |
|
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corner of Lot 53 and the most westerly corner of Lot 52, both of said |
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THOUSAND OAKS, for an angle point; |
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THENCE, continuing with the northeast line of said Hoskins |
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Tract and the southwest line of said THOUSAND OAKS, S 47°03'28" E a |
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distance of 206.43 feet to a 1/2-inch iron rod with cap stamped "BGE |
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Inc" set for the most easterly corner of the herein described tract, |
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from which a 3/8-inch iron rod found at the most southerly corner of |
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Lot 48 and the most westerly corner of Lot 47, both of said THOUSAND |
|
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OAKS, bears S 47°03'28" E a distance of 1,016.21 feet; |
|
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THENCE, leaving the southwest line of said THOUSAND OAKS, |
|
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over and across said Hoskins Tract, S 43°03'50" W a distance of |
|
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2,814.94 feet to a 1/2-inch iron rod with cap stamped "BGE Inc" set |
|
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for an angle point; |
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THENCE, continuing over and across said Hoskins Tract, |
|
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S 60°51'43" W a distance of 490.04 feet to a 1/2-inch iron rod with |
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cap stamped "BGE Inc" set for the most southerly corner of the |
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herein described tract; |
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THENCE, continuing over and across said Hoskins Tract, |
|
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N 62°12'25" W a distance of 1,071.49 feet to a 1/2-inch iron rod |
|
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with cap stamped "BGE Inc" set for an interior corner of the herein |
|
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described tract; |
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THENCE, continuing over and across said Hoskins Tract, |
|
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S 27°47'35" W a distance of 215.08 feet to a 1/2-inch iron rod with |
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cap stamped "BGE Inc" set for an angle point; |
|
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THENCE, continuing over and across said Hoskins Tract, |
|
|
S 77°52'25" W a distance of 373.22 feet to a 1/2-inch iron rod with |
|
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cap stamped "BGE Inc" set for an angle point; |
|
|
THENCE, continuing over and across said Hoskins Tract, |
|
|
N 84°51'25" W a distance of 407.47 feet to a 1/2-inch iron rod with |
|
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cap stamped "BGE Inc" set on the northwest line of said Hoskins |
|
|
Tract and the southeast line of Lot 22, THE RANCH, a subdivision |
|
|
recorded in Cabinet 1, Page 74-B of the Plat Records of Bastrop |
|
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County, Texas, for the most westerly corner of the herein described |
|
|
tract, from which a 1/2-inch iron rod with cap stamped "BGE Inc" set |
|
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at the most westerly corner of said Hoskins Tract, and at the most |
|
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northerly corner of a called 100.842 acre tract of land described as |
|
|
Tract 1 as conveyed to Cedar Creek East LP by Special Warranty Deed |
|
|
recorded in Document Number 202114074 of the Official Public |
|
|
Records of Bastrop County, Texas, bears S 43°08'04" W a distance of |
|
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314.84 feet; |
|
|
THENCE, with the northwest line of said Hoskins Tract and the |
|
|
southeast line of said THE RANCH, N 43°08'04" E a distance of 204.63 |
|
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feet to a 1/2-inch iron rod with cap stamped "BGE Inc" set at the |
|
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most easterly corner of said THE RANCH, at the most southerly corner |
|
|
of FOREST LAKES, a subdivision recorded in Cabinet 1, Page 164-A of |
|
|
the Plat Records of Bastrop County, Texas, and at the most southerly |
|
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terminus of Lakeview Drive (50 feet wide) as dedicated by said |
|
|
FOREST LAKES, for an angle point, from which a found flagged |
|
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3/8-inch iron rod extruding from the ground bears N 38°18'55" W a |
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distance of 2.42 feet; |
|
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THENCE, continuing with the northwest line of said Hoskins |
|
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Tract, S 84°13'54" E a distance of 34.74 feet to 1/2-inch iron rod |
|
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with cap stamped "BGE Inc" set at an angle point, from which a found |
|
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flagged t-post bears N 40°56'38" W a distance of 2.76 feet; |
|
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THENCE, continuing with the northwest line of said Hoskins |
|
|
Tract, N 42°44'59" E a distance of 1,113.08 feet to a 1/2-inch iron |
|
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rod found at the most southerly corner of said ESCONDIDO, for an |
|
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angle point; |
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THENCE, continuing with the northwest line of said Hoskins |
|
|
Tract and the southeast line of said ESCONDIDO the following eight |
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(8) courses: |
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(1) N 43°11'44" E a distance of 720.41 feet to an 8-foot tall |
|
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10-inch by 10-inch concrete pillar found at the most easterly |
|
|
corner of Lot 39 of said ESCONDIDO, and at the most southerly |
|
|
terminus of Escondido Drive (50 feet wide) as dedicated by said |
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ESCONDIDO, for an angle point; |
|
|
(2) N 43°40'05" E a distance of 48.94 feet to a 5/8-inch iron rod |
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found at the most easterly terminus of said Escondido Drive, and at |
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the most southerly corner of Lot 29 of said ESCONDIDO, for an angle |
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point; |
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(3) N 43°09'00" E a distance of 456.59 feet to a 5/8-inch iron rod |
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found for an angle point; |
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(4) N 43°03'58" E a distance of 629.59 feet to a 1/2-inch iron rod |
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found for an angle point; |
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(5) N 43°30'21" E a distance of 145.94 feet to a 1/2-inch iron rod |
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found at the most easterly corner of said Lot 29, and at the most |
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southerly corner of Lot 20 of said ESCONDIDO, for an angle point; |
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(6) N 43°01'51" E a distance of 681.62 feet to a 1/2-inch iron rod |
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with cap stamped "BGE Inc" set for an angle point; |
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(7) N 07°13'53" E a distance of 52.30 feet to a 1/2-inch iron rod |
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with cap stamped "BGE Inc" set for an angle point; and |
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(8) N 43°23'23" E a distance of 328.55 feet to the POINT OF |
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BEGINNING and containing 135.047 acres of land, more or less. |
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SECTION 6. As soon as practicable after the effective date |
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of this Act, the temporary board of the Garfield Municipal Utility |
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District No. 1 shall hold an election to confirm the establishment |
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of the district and to elect five initial directors as provided by |
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Section 12, Chapter 776, Acts of the 78th Legislature, Regular |
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Session, 2003, as amended by this Act. |
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SECTION 7. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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|
Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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|
Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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|
Environmental Quality. |
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|
(c) The Texas Commission on Environmental Quality has filed |
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|
its recommendations relating to this Act with the governor, the |
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|
lieutenant governor, and the speaker of the house of |
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|
representatives within the required time. |
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|
(d) All requirements of the constitution and laws of this |
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|
state and the rules and procedures of the legislature with respect |
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|
to the notice, introduction, and passage of this Act are fulfilled |
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|
and accomplished. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |