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AN ACT
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relating to the Hudson Ranch Fresh Water Supply District No. 1. |
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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 8360 to read as follows: |
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CHAPTER 8360. HUDSON RANCH WATER DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8360.001. NAME CHANGE. The name of Hudson Ranch Fresh |
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Water Supply District No. 1 is changed to Hudson Ranch Water |
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District. |
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Sec. 8360.002. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Hudson Ranch Water District. |
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Sec. 8360.003. NATURE OF DISTRICT. The district is a fresh |
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water supply district and municipal utility district created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 8360.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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All land and other property in the district will benefit from the |
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improvements and services to be provided by the district. |
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(b) The district serves a public use and benefit. |
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Sec. 8360.005. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 2 of the Act enacting |
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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 closures. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8360.006-8360.100 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 8360.101. MUNICIPAL UTILITY DISTRICT AND FRESH WATER |
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SUPPLY DISTRICT POWERS AND DUTIES. (a) Except as provided by |
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Subsection (b), the district has the powers and duties provided by |
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the general law of this state, including Chapters 49, 53, and 54, |
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Water Code, applicable to fresh water supply districts and |
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municipal utility districts created under Section 59, Article XVI, |
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Texas Constitution. |
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(b) If a provision of Chapter 49 or 53, Water Code, is in |
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conflict or inconsistent with this chapter or Chapter 54, Water |
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Code, this chapter and Chapter 54, Water Code, prevail. |
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SECTION 2. The Hudson Ranch Water District includes all the |
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territory contained in the following area: |
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THREE SEPARATE PARCELS OF LAND IN HAYS COUNTY, TEXAS CONTAINING A |
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TOTAL OF 606.755 ACRES, MORE OR LESS: |
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FIELD NOTE DESCRIPTION FOR TRACT 1 - 573.231 ACRES OF LAND: |
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BEING A TRACT OR PARCEL OF LAND SITUATED IN HAYS COUNTY, TEXAS, AND |
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BEING OUT OF AND A PART OF THE THOMAS F. GRAY SURVEY NO. 11, THE JOHN |
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BECKHAM SURVEY NO. 800, AND THE ANDREW DUNN SURVEY NO. 9, AND BEING |
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ALL OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A DEED OF |
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DISTRIBUTION BY TRUSTEE OF TESTAMENTARY TRUST TO DUSTIN HUDSON FROM |
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DELTON HUDSON, TRUSTEE, DATED SEPTEMBER 2, 2004, AND RECORDED IN |
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VOLUME 2536, PAGE 139, OF THE OFFICIAL PUBLIC RECORDS OF HAYS |
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COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND |
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BOUNDS AS FOLLOWS: |
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COMMENCING for a point of reference at an iron rod found in the |
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south right-of-way line of State Highway F. M. 967, and in a curve |
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to the left, for the Northwest corner of that certain tract of land |
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as described in a Warranty Deed to James C. Ruby, Jr., Trustee of |
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the James C. Ruby, Jr. Family Trust from James C. Ruby, Sr., Trustee |
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of the James C. Ruby, Sr. Revocable Trust, dated July 30, 1992, and |
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recorded in Volume 945, Page 677, of the Official Public Records of |
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Hays County, Texas, and for the Northeast corner of that certain |
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tract said to contain 11.30 acres of land as described in a Deed |
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Without Warranty with Vendor's Lien to Delton Hudson from Scott |
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Nance, dated October 21, 1998, and recorded in Volume 1468, Page |
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733, of the Official Public Records of Hays County, Texas; |
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THENCE with the west line of the said Ruby tract and the east line of |
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the said Hudson 11.30 acre tract, South 00°55'20" East, a distance |
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of 140.13 feet to an iron rod found, for the Northeast corner and |
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POINT OF BEGINNING of the herein described tract; |
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THENCE continuing with the west line of the said Ruby tract and the |
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east line of the said Hudson acre tract, South 00°50'35" East, a |
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distance of 101.29 feet to an iron found, for the Northeast corner |
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of that certain tract of land as described in a Warranty Deed to |
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Cindi Hudson from James Pogue, dated May 31, 1994, and recorded in |
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Volume 1082, Page 753, of the Real Property Records of Hays County, |
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Texas, for an angle corner of the said Hudson tract, and for an |
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angle corner of this tract; |
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THENCE with the north line of the said Cindi Hudson tract, common to |
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the said Hudson tract, South 80°03'52" West, a distance of 658.61 |
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feet to an iron rod found, for the Northwest corner of the said |
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Cindi Hudson tract, for an angle corner of the said Hudson tract, |
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and for an angle corner of this tract; |
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THENCE with the south line of the said Cindi Hudson tract, common to |
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the said Hudson tract, North 89°00'08" East, a distance of 650.83 |
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feet to an iron rod found in the west line of the said Ruby tract, |
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for the Southeast corner of the said Cindi Hudson tract, for an |
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angle corner of the Hudson tract, and for an angle corner of this |
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tract; |
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THENCE with the east line of the said Hudson tract, the following |
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eleven (11) courses: |
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1. South 01°00'03" East, a distance of 317.37 feet to an iron rod |
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found, for an angle corner of this tract; |
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2. South 05°12'19" West, a distance of 408.56 feet to an iron rod |
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set, for an angle corner of this tract; |
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3. South 01°36'25" East, a distance of 604.01 feet to an iron rod |
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found, for an angle corner of this tract; |
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4. South 00°24'06" East, a distance of 60.95 feet to an iron rod |
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set, for an angle corner of this tract; |
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5. South 01°32'05" East, a distance of 37.75 feet to an iron rod |
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set, for an angle corner of this tract; |
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6. South 00°10'30" East, a distance of 84.30 feet to an iron rod |
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set, for an angle corner of this tract; |
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7. South 01°44'34" East, at a distance of 2,783.22 feet pass the |
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Southwest corner of the remainder of the said Ruby tract, the same |
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being the Northwest corner of Ruby Ranch, Phase Four, a subdivision |
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recorded in Volume 8, Page 237, of the Plat Records of Hays County, |
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Texas, in all a total distance of 3,216.47 feet to an iron rod |
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found, for an angle corner of this tract; |
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8. South 03°10'19" East, a distance of 968.28 feet to an iron rod |
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found, for an angle corner of this tract; |
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9. North 89°35'58" East, a distance of 504.82 feet to an iron rod |
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found, for an angle corner of this tract; |
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10. South 01°05'33" East, a distance of 953.38 feet to an iron rod |
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found, for an angle corner of this tract; |
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11. South 01°23'50" East, a distance of 330.29 feet to an iron rod |
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found, for an angle corner of said Ruby Ranch, Phase Four, for an |
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angle corner of Ruby Ranch, Phase Five, a subdivision recorded in |
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Volume 8, Page 243, of the Plat Records of Hays County, Texas, for |
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the Southeast corner of the said Hudson tract, and for the Southeast |
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corner of this tract; |
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THENCE with the north line of said Ruby Ranch, Phase Five and the |
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south line of the said Hudson tract, the following ten (10) courses: |
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1. South 64°52'23" West, a distance of 550.25 feet to an iron rod |
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found, for an angle corner of this tract; |
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2. South 77°51'11" West, a distance of 513.00 feet to an iron rod |
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found, for an angle corner of this tract; |
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3. South 82°55'12" West, a distance of 174.93 feet to an iron rod |
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found, for an angle corner of this tract; |
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4. South 78°35'19" West, a distance of 196.55 feet to an iron rod |
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found, for an angle corner of this tract; |
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5. South 55°58'50" West, a distance of 313.22 feet to an iron rod |
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found, for an angle corner of this tract; |
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6. South 85°02'04" West, a distance of 35.39 feet to an iron rod |
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found, for an angle corner of this tract; |
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7. South 89°52'48" West, a distance of 481.44 feet to an iron rod |
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found, for an angle corner of this tract; |
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8. South 88°33'49" West, a distance of 16.35 feet to an iron rod |
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found, for an angle corner of this tract; |
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9. North 89°53'00" West, a distance of 87.21 feet to an iron rod |
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found, for an angle corner of this tract; |
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10. South 89°59'17" West, a distance of 420.72 feet to an iron rod |
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found in the west line of that certain tract of land as described in |
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a deed to P. R. Rutherford, recorded in Volume 211, Page 313, of the |
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Deed Records of Hays County, Texas, for the Northwest corner of said |
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Ruby Ranch, Phase Five, for the Southwest corner of the said Hudson |
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tract, and for the Southwest corner of this tract; |
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THENCE with the east line of the said Rutherford tract and a west |
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line of the said Hudson tract, the following five (5) courses: |
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1. North 01°12'13" West, a distance of 333.89 feet to an iron rod |
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set, for an angle corner of this tract; |
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2. North 00°55'39" West, a distance of 576.65 feet to an iron rod |
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set, for an angle corner of this tract; |
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3. North 00°50'24" West, a distance of 384.50 feet to an iron rod |
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set, for an angle corner of this tract; |
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4. North 01°09'38" West, a distance of 573.80 feet to an iron rod |
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set, for an angle corner of this tract; |
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5. North 00°50'20" West, a distance of 123.37 feet to an iron rod |
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found, for an angle corner of the said Hudson tract, and for an |
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angle corner of this tract; |
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THENCE with the north line of the said Rutherford tract and a south |
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line of the said Hudson tract, the following two (2) courses: |
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1. South 61°02'59" West, a distance of 628.69 feet to an iron rod |
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found, for an angle corner of this tract; |
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2. South 49°09'13" West, a distance of 569.46 feet to an iron rod |
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found, for the Southeast corner of that certain tract of land as |
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described in a deed to the City of Austin, recorded in Volume 2506, |
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Page 671, of the Official Public Records of Hays County, Texas, for |
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an angle corner of the said Hudson tract, and for an angle corner of |
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this tract; |
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THENCE with the west line of the said Hudson tract, the following |
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six (6) courses: |
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1. North 00°27'37" West, a distance of 2,946.82 feet to an iron rod |
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found, for an angle corner of this tract; |
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2. North 00°24'21" West, a distance of 2,352.61 feet to an iron rod |
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found, for an angle corner of this tract; |
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3. North 00°34'43" West, a distance of 532.11 feet to an iron rod |
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found, for an angle corner of this tract; |
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4. North 01°31'08" East, a distance of 27.58 feet to an iron rod |
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found, for an angle corner of this tract; |
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5. North 00°36'08" West, a distance of 745.49 feet to an iron rod |
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found, for the Northeast corner of the said City of Austin tract, |
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and for an angle corner of this tract; |
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6. North 00°09'42" West, a distance of 569.34 feet to an iron rod |
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found, for the Southwest corner of that certain tract of land as |
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described in a deed to Michael Waite and wife, Gaylene Waite, |
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recorded in Volume 1211, Page 729, of the Real Property Records of |
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Hays County, Texas, for the Northwest corner of the said Hudson |
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tract, and for the Northwest corner of this tract; |
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THENCE with the south line of the said Waite tract, common to the |
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said Hudson tract, South 87°23'55" East, a distance of 1,360.72 feet |
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to an iron rod found, for the Southeast corner of the said Waite |
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tract, for an angle corner of the said Hudson tract, and for an |
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angle corner of this tract; |
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THENCE with the east line of the said Waite tract, common to the |
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said Hudson tract, North 02°29'03" West, a distance of 470.77 feet |
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to an iron rod set, for the Northeast corner of the said Waite |
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tract, for the West corner of the said Hudson 11.30 acre tract, for |
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an angle corner of the said Hudson tract, and for an angle corner of |
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this tract; |
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THENCE with the south line of the said Hudson 11.30 acre tract and |
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the north line of the said Hudson tract, North 80°03'52" East, a |
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distance of 1,728.63 feet to the POINT OF BEGINNING, containing |
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573.231 acres of land, more or less. |
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FIELD NOTE DESCRIPTION FOR TRACT 2 - 11.297 ACRES OF LAND: |
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BEING A TRACT OR PARCEL OF LAND SITUATED IN HAYS COUNTY, TEXAS, AND |
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BEING OUT OF AND A PART OF THE THOMAS F. GRAY SURVEY NO. 11, AND |
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BEING ALL OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A DEED |
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WITHOUT WARRANTY WITH VENDOR'S LIEN TO DELTON HUDSON FROM SCOTT |
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NANCE, ET AL, DATED OCTOBER 21, 1998, AND RECORDED IN VOLUME 1468, |
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PAGE 733, OF THE REAL PROPERTY RECORDS OF HAYS COUNTY, TEXAS, AND |
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BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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COMMENCING at an iron rod found in the south right-of-way line of |
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State Highway F. M. 967, and in a curve to the left, for the |
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Northwest corner of that certain tract of land as described in a |
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Warranty Deed to James C. Ruby, Jr., Trustee of the James C. Ruby, |
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Jr. Family Trust from James C. Ruby, Sr., Trustee of the James C. |
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Ruby, Sr., Revocable Trust, dated July 30, 1992, and recorded in |
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Volume 945, Page 677, of the Official Public Records of Hays County, |
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Texas, for the Northeast corner of the said Hudson tract, and for |
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the Northeast corner and POINT OF BEGINNING of the herein described |
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tract; |
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THENCE with the west line of the said Ruby tract and the east line of |
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the said Hudson tract, South 00°55'20" East, a distance of 140.13 |
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feet to an iron rod found, for the Northeast corner of that certain |
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tract of land said to contain 573.40 acres of land as described in a |
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Deed of Distribution by Trustee of Testamentary Trust to Dustin |
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Hudson from Delton Hudson, Trustee, dated September 2, 2004, and |
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recorded in Volume 2536, Page 139, of the Official Public Records of |
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Hays County, Texas, for the Southeast corner of the said Hudson |
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tract, and for the Southeast corner of this tract; |
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THENCE with the north line of the said Hudson 573.40 acre tract and |
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the said Hudson tract, South 80°03'52" West, a distance of 1,728.63 |
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feet to an iron rod found, for the Northeast corner of that certain |
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tract of land as described in a deed to Michael Waite and wife, |
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Gaylene Waite, recorded in Volume 1211, Page 729, of the Real |
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Property Records of Hays County, Texas, for an angle corner of that |
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certain tract of land as described in a deed to Michael Waite and |
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wife, Gaylene Waite, recorded in Volume 1468, Page 759, of the |
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Official Public Records of Hays County, Texas, for the West corner |
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of the said Hudson tract, and for the West corner of this tract; |
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THENCE with the south line of the said Waite tract, North 56°42'25" |
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East, a distance of 1,356.90 feet to an iron rod found in the south |
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right-of-way line of said F. M. 967, for the Southeast corner of the |
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said Waite tract, for the North corner of the said Hudson tract, and |
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for the North corner of this tract; |
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THENCE with the south right-of- way line of said F.M. 967, the |
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following two (2) courses: |
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South 54°12'36" East, a distance of 116.15 feet to a concrete |
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right-of-way monument found at the beginning of a curve to the left; |
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Along said curve to the left an arc length of 531.10 feet, having a |
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radius of 1,678.05 feet, a delta angle of 18°08'02", a chord bearing |
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of South 63°11'28" East, and a chord distance of 528.88 feet to the |
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POINT OF BEGINNING, containing 11.297 acres of land, more or less. |
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FIELD NOTE DESCRIPTION FOR TRACT 3 - 22.229 ACRES OF LAND: |
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BEING A TRACT OR PARCEL OF LAND SITUATED IN HAYS COUNTY, TEXAS, AND |
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BEING OUT OF AND A PART OF THE THOMAS F. GRAY SURVEY NO, 11, AND |
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BEING ALL OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A WARRANTY |
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DEED TO C1NDI G. HUDSON FROM JAMES POG'UE, DATED MAY 31, 1994, AND |
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RECORDED IN VOLUME 1082, PAGE 753, OF THE REAL PROPERTY RECORDS OF |
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HAYS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES |
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AND BOUNDS AS FOLLOWS: |
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COMMENCING for a point of reference at an iron rod found in the |
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south right-of-way line of State Highway F. M. 967, and in a curve |
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to the left, for the Northwest corner of that certain tract of land |
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as described in a Warranty Deed to James C. Ruby, Jr., Trustee of |
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the James C. Ruby, Jr. Family Trust from James C. Ruby, Sr., Trustee |
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of the James C. Ruby, Sr. Revocable Trust, dated July 30, 1992, and |
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recorded in Volume 945, Page 677, of the Official Public Records of |
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Hays County, Texas, and for the Northeast corner of that certain |
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tract of land as described in a Deed Without Warranty with Vendor's |
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Lien to Delton Hudson from Scott Nance, dated October 21, 1998, and |
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recorded in Volume 1468, Page 733, of the Official Public Records of |
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Hays County, Texas; |
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THENCE with the west line of the said Ruby tract and the east line of |
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the said Hudson tract, South 00°55'20" East, a distance of 140.13 |
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feet to an iron rod found, for the Northeast corner of that certain |
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tract of land said to contain 573.40 acres of land as described in a |
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Dead of Distribution by Trustee of Testamentary Trust to Dustin |
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Hodson from Delton Hudson, Trustee, dated September 2, 2004, and |
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recorded in Volume 2536, Page 139, of the Official Public Records of |
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Hays County, Texas, and for the Southeast corner of the said Hudson |
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tract; |
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THENCE continuing with the west line of the said Ruby tract and the |
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east line of the said Hudson 573.40 acre tract, South 00°50'35" |
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East, a distance of 101.29 feet to an iron found, for an angle |
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corner of the said Hudson 573.40 acre tract, for the Northeast |
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corner of the said Cindi Hudson tract, and for the Northeast corner |
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and POINT OF BEGINNING of the herein described tract; |
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THENCE with the west line of the said Ruby tract and the east line of |
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the said Cindi Hudson tract, the following three (3) courses: |
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1. South 00°54'40" East, a distance of 66.49 feet to an iron rod |
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found, for an angle corner of this tract; |
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2. South 00°44'47" East, a distance of 258.03 feet to an iron rod |
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found, for an angle corner of this tract; |
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3. South 00°57'03" East, a distance of 1,215.76 feet to an iron rod |
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found, for an angle corner of the said Hudson 573.40 acre tract, for |
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the Southeast corner of the said Cindi Hudson tract, and for the |
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Southeast corner of this tract; |
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THENCE with the south line of the said Cindi Hudson tract, common to |
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the said Hudson 573.40 acre tract, South 89°00'08" West, a distance |
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of 650.83 feet to an iron rod found, for the Southwest corner of the |
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said Cindi Hudson tract, for an angle corner of the said Hudson |
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573.40 acre tract, and for the Southwest corner of this tract; |
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THENCE with the west line of the said Cindi Hudson tract, common to |
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the said Hudson 573.40 acre tract, North 00°54'02" West, a distance |
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of 1,437.95 feet to an iron rod found, for the Northwest corner of |
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the said Cindi Hudson tract, for an angle corner of the said Hudson |
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573.40 acre tract, and for the Northwest corner of this tract; |
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THENCE with the north line of the said Cindi Hudson tract, common to |
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the said Hudson 573.40 acre tract, North 80°03'52" East, a distance |
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of 658.61 feet to the POINT OF BEGINNING, containing 22.229 acres of |
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land, more or less. |
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SECTION 3. (a) The creation of the Hudson Ranch Fresh Water |
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Supply District No. 1 by the Hays County Commissioners Court on May |
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1, 2007, and all elections conducted by the district are validated. |
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No further election is necessary to confirm the district. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 4. (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 5. 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, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3813 was passed by the House on May |
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13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3813 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |