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AN ACT
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relating to the creation of the Needmore Ranch Municipal Utility |
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District No. 1; 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, or 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 8471 to read as follows: |
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CHAPTER 8471. NEEDMORE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8471.001. 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 Needmore Ranch Municipal |
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Utility District No. 1. |
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Sec. 8471.002. 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. 8471.003. 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. 8471.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8471.003 |
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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. 8471.005. LEGISLATIVE FINDINGS OF PUBLIC PURPOSE AND |
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BENEFIT. (a) The district is created to serve a public purpose and |
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benefit. |
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(b) The creation of the district is essential to accomplish |
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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; |
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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; and |
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(3) Section 52-a, Article III, Texas Constitution, |
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that relate to the development and diversification of the economy |
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of this state. |
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(c) The creation of the district is necessary to develop, |
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encourage, and maintain safety and the public welfare in the |
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district. |
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(d) All land and other property in the district will benefit |
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from the improvements and services to be provided by the district |
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under this chapter. |
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(e) The district will: |
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(1) seek and provide funding for the district to |
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maintain and enhance the economic health and vitality of the |
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territory in the district as a residential community and business |
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center; and |
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(2) provide for the preservation and conservation of |
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the natural resources within the district, while protecting private |
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property rights to develop and beneficially use those resources in |
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an organized and lawfully regulated manner. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 8471.006. 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. 8471.051. 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 8471.052, directors serve |
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staggered four-year terms. |
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Sec. 8471.052. 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 8471.003; 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 8471.003 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 8471.003; 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. 8471.101. 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. 8471.102. 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. 8471.103. RESIDENTIAL OR PLANNED COMMUNITY |
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DEVELOPMENT; WASTEWATER TREATMENT FACILITY. (a) In the event that |
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a residential subdivision or planned community is developed in the |
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territory of the district, the district shall develop a wastewater |
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treatment facility in coordination with Hays County and the City of |
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Wimberley. |
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(b) A developer who proposes to build a residential |
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subdivision or planned community in the territory of the district |
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must agree to develop the property in a manner that works in |
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conjunction with the design and specifications of any wastewater |
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treatment facility developed under Subsection (a). |
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(c) If a residential subdivision or planned community is |
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developed in the district, the district shall import water to |
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provide for the needs of that development. |
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Sec. 8471.104. LIMITATION ON USE OF EMINENT DOMAIN. |
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(a) The district may not exercise the power of eminent domain |
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except for the purpose of importing surface water or nonlocal |
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groundwater into the district. |
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(b) For purposes of this section, nonlocal groundwater |
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includes only groundwater that is withdrawn from a source outside |
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the Edwards Aquifer and the Trinity Aquifer. |
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Sec. 8471.105. LIMITATION ON ANNEXATION. The district may |
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not add land by petition of less than all the landowners under |
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Section 49.302, Water Code, unless the petition required under that |
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section is signed by the owners of a two-thirds majority of the |
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assessed value of the land in the defined area described by the |
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petition. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8471.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The 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 8471.153. |
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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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Sec. 8471.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8471.151, 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. 8471.153. 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. 8471.201. 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. 8471.202. TAXES FOR BONDS. (a) At the time the |
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district issues bonds payable wholly or partly from ad valorem |
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taxes, the board shall provide for the annual imposition of a |
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continuing direct ad valorem tax, without limit as to rate or |
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amount, while all or part of the bonds are outstanding as required |
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and in the manner provided by Sections 54.601 and 54.602, Water |
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Code. |
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(b) The board's order to issue bonds and impose an ad |
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valorem tax must provide that on retirement of the bonds for which |
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the tax is originally authorized, unless a subsequent bond election |
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authorizes a continuation of the tax, the imposition of the tax, |
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including the district's authority to assess and collect the tax, |
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ends. |
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SECTION 2. The Needmore Ranch Municipal Utility District |
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No. 1 initially includes all the territory contained in the |
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following area, except that portion of the territory located in the |
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extraterritorial jurisdiction of the Village of Wimberly, Texas, as |
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that jurisdiction existed on January 1, 2013: |
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TRACT 1 - 5003.632 ACRES |
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LEGAL DESCRIPTION: BEING 5003.632 ACRES OF LAND LYING IN AND BEING |
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SITUATED OUT OF THE: |
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DAVID WILSON SURVEY, ABSTRACT 476 |
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BENJAMIN WEED SURVEY, ABSTRACT 483 |
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DAY LAND AND CATTLE COMPANY SURVEY, ABSTRACT 672 |
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F.W. ROBERTSON SURVEY, ABSTRACT 385 |
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HUGH G. PANNELL SURVEY, ABSTRACT 368 |
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T.C. RAILROAD CO. SURVEY, ABSTRACT 696 |
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M.E. ANDREWS SURVEY, ABSTRACT 659 |
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MARGARET DUNN SURVEY, ABSTRACT 147 |
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ROBERT S. LOVE SURVEY, ABSTRACT 283 |
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WILLIAM GRAY SURVEY, ABSTRACT 192 |
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AND SAN GERONIMO IRRIGATION CO. SURVEY, ABSTRACT 535 |
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ALL IN HAYS COUNTY, TEXAS AND BEING |
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A PORTION OF THAT CERTAIN 4,924.865 ACRE TRACT OF LAND CONVEYED TO |
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O'QUINN LAND & CATTLE CO., LTD. BY DEED RECORDED IN DOCUMENT NO. |
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9927995 OF THE DEED RECORDS OF HAYS COUNTY, TEXAS; |
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ALL OF THAT CERTAIN 5.018 ACRE TRACT OF LAND CONVEYED TO O'QUINN |
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LAND & CATTLE CO., LTD. BY DEED RECORDED IN DOCUMENT NO. 9927995 OF |
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THE DEED RECORDS OF HAYS COUNTY, TEXAS; |
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AND ALL OF THAT CERTAIN 324.442 ACRE TRACT OF LAND CONVEYED TO |
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O'QUINN LAND & CATTLE CO., LTD. BY DEED RECORDED IN VOLUME 1950, |
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PAGE 237 OF THE DEED RECORDS OF HAYS COUNTY, TEXAS; |
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SAID 5003.632 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS |
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AND AS SURVEYED ON THE GROUND UNDER THE SUPERVISION OF JAMES E. |
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GARON, REGISTERED PROFESSIONAL LAND SURVEYOR IN AUGUST, 2010 AND |
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JANUARY 2011: |
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BEGINNING at a 1/2" iron rod found for an angle point in the west |
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line of the San Geronimo Irrigation Co. Survey, Abstract 535 and |
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that certain 418.49 acre tract of land conveyed to Big Oak Ranch, LP |
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by deed recorded in Volume 2616, Page 93 of said deed records for |
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the southeast corner of the William Gray Survey, Abstract 192 and |
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that certain 13.817 acre tract of land conveyed to Kent Keith by |
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deed recorded in Volume 2639, Page 309 of said deed records and a |
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corner of the David Wilson Survey, Abstract 476; |
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THENCE along said west line, common with the David Wilson Survey, S |
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46°32'53° E a distance of 2631.83 feet to an angle point and S |
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46°40'47" E a distance of 274.89 feet to a 3/8" iron rod found for |
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the southerly corner of said Big Oak Ranch, LP 418.49 acre tract and |
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the westerly corner of said O'Quinn Land & Cattle Co., LTD 5.018 |
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acre tract; |
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THENCE with said 5.018 acre tract the following three (3) calls: |
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1. N 44°43'39" E a distance of 814.44 feet to a 1/2" iron rod found |
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for the northerly corner of said 5.018 acre tract; |
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2. S 27°06'39" E a distance of 274.32 feet along the southwesterly |
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line of Homestead Road as dedicated by plat of The Highlands Section |
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"B" recorded in Volume 1, Page 178 of the plat records of Hays |
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County, Texas to a 1/2" iron rod found for the easterly corner of |
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said 5.018 acre tract and northerly corner of Lot 69, The Highlands |
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Section "B"; |
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3. S 41°19'12" W a distance of 726.51 feet to a 3/8" iron rod found |
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on the common line of the San Geronimo Irrigation Co. Survey, |
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Abstract 535 and Robert S. Love Survey, Abstract 283 for the |
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westerly corner of Lot 69 and southerly corner of said 5.018 acre |
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tract; |
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THENCE S 45°39'21" E a distance of 1023.72 feet along said line to a |
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fence corner post found for the easterly corner of said O'Quinn Land & |
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Cattle Co., LTD 4924.865 acre tract and northerly corner of that |
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certain 1203.9 acre tract of land conveyed to Joe Freeman and Harold |
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Freeman by deed recorded in Volume 122, Page 158 of said deed |
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records; |
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THENCE S 44°07'25" W a distance of 8989.63 feet to a 1/2" iron rod |
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found on the northeasterly line of Fulton Ranch Road for the |
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westerly corner of said Freeman 1203.9 acre tract; |
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THENCE S 42°06'01" W a distance of 47.36 feet to a point on the |
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southwesterly line of Fulton Ranch Road for corner; |
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THENCE S 46°27'42" E a distance of 4.21 feet with said line to a |
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point on the northerly line of that certain 37.535 acre strip of |
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land conveyed to Hays County, Texas for road easement (Fulton Ranch |
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Road) purposes by deed recorded in Volume 2507, Page 881 of said |
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deed records; |
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THENCE with said 37.535 acre strip of land the following sixty (60) |
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calls: |
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1. a length of 1538.88 feet along the arc of a curve to the right |
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having a radius of 1770.00 feet and a chord bearing N 86°25'18" W a |
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distance of 1490.87 feet to an iron rod set for endpoint; |
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2. N 61°30'52" W a distance of 293.82 feet to an iron rod set for |
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the beginning of a curve to the left; |
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3. a length of 142.44 feet along the arc of said curve to the left |
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having a radius of 600.00 feet and a chord bearing N 68°18'56" W a |
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distance of 142.11 feet to an iron rod set for endpoint, |
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4. N 75°07'00" W a distance of 114.15 feet to an iron rod set for |
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the beginning of a curve to the right; |
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5. a length of 158.57 feet along the arc of said curve to the right |
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having a radius of 670.00 feet and a chord bearing N 68°20'12" W a |
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distance of 158.20 feet to an iron rod set for endpoint, |
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6. N 61°33'24" W a distance of 238.29 feet to an iron rod set for |
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the beginning of a curve to the right; |
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7. a length of 291.20 feet along the arc of said curve to the right |
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having a radius of 870.00 feet and a chord bearing N 51°58'04" W a |
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distance of 289.85 feet to an iron rod set for endpoint, |
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8. N 42°22'44" W a distance of 138.33 feet to an Iron rod set for |
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the beginning of a curve to the left; |
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9. a length of 238.07 feet along the arc of said curve to the left |
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having a radius of 830.00 feet and a chord bearing N 50°35'46" W a |
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distance of 237.26 feet to an iron rod set for endpoint, |
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10. N 58°48'48" W a distance of 74.93 feet to an iron rod set for |
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the beginning of a curve to the right; |
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11. a length of 215.71 feet along the arc of said curve to the |
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right having a radius of 570.00 feet and a chord bearing N 47°58'19" |
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W a distance of 214.42 feet to an iron rod set for endpoint, |
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12. N 37°07'51" W a distance of 334.54 feet to an iron rod set for |
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the beginning of a curve to the left; |
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13. a length of 62.48 feet along the arc of said curve to the left |
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having a radius of 630.00 feet and a chord bearing N 39°58'18" W a |
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distance of 62.45 feet to an iron rod set for endpoint, |
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14. N 42°48'45" W a distance of 664.85 feet to an iron rod set for |
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the beginning of a curve to the right; |
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15. a length of 47.16 feet along the arc of said curve to the right |
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having a radius of 370.00 feet and a chord bearing N 39°09'41" W a |
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distance of 47.12 feet to an iron rod set for endpoint, |
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16. N 35°30'37" W a distance of 272.51 feet to an iron rod set for |
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the beginning of a curve to the left; |
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17. a length of 31.09 feet along the arc of said curve to the left |
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having a radius of 430.00 feet and a chord bearing N 37°34'53" W a |
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distance of 31.08 feet to an iron rod set for endpoint, |
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18. N 39°39'09" W a distance of 211.70 feet to an iron rod set for |
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the beginning of a curve to the right; |
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19. a length of 92.03 feet along the arc of said curve to the right |
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having a radius of 370.00 feet and a chord bearing N 32°31'36" W a |
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distance of 91.80 feet to an iron rod set for endpoint, |
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20. N 25°24'03" W a distance of 168.36 feet to an iron rod set for |
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the beginning of a curve to the left; |
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21. a length of 351.70 feet along the arc of said curve to the left |
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having a radius of 730.00 feet and a chord bearing N 39°12'10" W a |
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distance of 348.31 feet .to an iron rod set for endpoint, |
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22. N 53°00'18" W a distance of 186.99 feet to an iron rod set for |
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the beginning of a curve to the right; |
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23. a length of 48.79 feet along the arc of said curve to the right |
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having a radius of 370.00 feet and a chord bearing N 49°13'37" W a |
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distance of 48.76 feet to an iron rod set for endpoint, |
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24. N 45°26'57" W a distance of 212.79 feet to an iron rod set for |
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the beginning of a curve to the left; |
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25. a length of 220.34 feet along the arc of said curve to the left |
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having a radius of 280.00 feet and a chord bearing N 67°59'36" W a |
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distance of 214.70 feet to an iron rod set for endpoint, |
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26. S 89°27'45" W a distance of 99.93 feet to an iron rod set for |
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the beginning of a curve to the left; |
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27. a length of 308.80 feet along the arc of said curve to the left |
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having a radius of 1130.00 feet and a chord bearing S 81°38'02" W a |
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distance of 307.84 feet to an iron rod set for endpoint, |
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28. S 73°48'18" W a distance of 555.94 feet to an iron rod set for |
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the beginning of a curve to the right; |
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29. a length of 423.10 feet along the arc of said curve to the |
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right having a radius of 2070.00 feet and a chord bearing S 79°39'38" |
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W a distance of 422.36 feet to an iron rod set for endpoint; |
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30. S 85°30'58" W a distance of 272.11 feet to an iron rod set for |
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the beginning of a curve to the right; |
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31. a length of 261.29 feet along the arc of said curve to the |
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right having a radius of 370.00 feet and a chord bearing N 74°15'10" |
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W a distance of 255.90 feet to an iron rod set for endpoint, |
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32. N 54°01'18" W a distance of 179.15 feet to an iron rod set for |
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the beginning of a curve to the left; |
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33. a length of 258.03 feet along the arc of said curve to the left |
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having a radius of 380.00 feet and a chord bearing N 73°28'26" W a |
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distance of 253.10 feet to an iron rod set for endpoint, |
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34. S 87°04'25" W a distance of 451.60 feet to an iron rod set for |
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the beginning of a curve to the left; |
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35. a length of 150.89 feet along the arc of said curve to the left |
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having a radius of 630.00 feet and a chord bearing S 80°12'44" W a |
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distance of 150.53 feet to an iron rod set for endpoint, |
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36. S 73°21'03" W a distance of 92.66 feet to an iron rod set for |
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the beginning of a curve to the right; |
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37. a length of 384.14 feet along the arc of said curve to the |
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right having a radius of 520.00 feet and a chord bearing N 85°29'11" |
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W a distance of 375.46 feet to an iron rod set for endpoint, |
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38. N 64°19'24" W a distance of 5272.10 feet to an iron rod set for |
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the beginning of a curve to the right; |
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39. a length of 188.61 feet along the arc of said curve to the |
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right having a radius of 170.00 feet and a chord bearing N 32°32'22" |
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W a distance of 179.08 feet to an iron rod set for endpoint, |
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40. N 00°31'45" W a distance of 3534.51 feet to an iron rod set for |
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the beginning of a curve to the right; |
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41. a length of 578.82 feet along the arc of said curve to the |
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right having a radius of 370.00 feet and a chord bearing N 44°26'44" |
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E a distance of 521.58 feet to an iron rod set for endpoint, |
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42. N 89°23'02" E a distance of 632.34 feet to an iron rod set for |
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the beginning of a curve to the left; |
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43. a length of 159.30 feet along the arc of said curve to the left |
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having a radius of 105.00 feet and a chord bearing N 45°55'14" E a |
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distance of 144.46 feet to an iron rod set for endpoint, |
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44. N 02°27'27" E a distance of 179.23 feet to an iron rod set for |
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the beginning of a curve to the right; |
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45. a length of 242.43 feet along the arc of said curve to the |
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right having a radius of 370.00 feet and a chord bearing N 21°13'40" |
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E a distance of 238.11 feet to an iron rod set for endpoint, |
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46. N 39°59'53" E a distance of 440.24 feet to an iron rod set for |
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the beginning of a curve to the left; |
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47. a length of 807.38 feet along the arc of said curve to the left |
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having a radius of 2530.00 feet and a chord bearing N 30°51'22" E a |
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distance of 803.95 feet to an iron rod set for endpoint, |
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48. N 21°42'50" E a distance of 579.37 feet to an iron rod set for |
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the beginning of a curve to the left; |
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49. a length of 431.25 feet along the arc of said curve to the left |
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having a radius of 1430.00 feet and a chord bearing N 13°04'28" E a |
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distance of 429.62 feet to an iron rod set for endpoint, |
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50. N 04°26'06" E a distance of 142.88 feet to an iron rod set for |
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the beginning of a curve to the right; |
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51. a length of 783.56 feet along the arc of said curve to the |
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right having a radius of 370.00 feet and a chord bearing N 65°06'11" |
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E a distance of 645.13 feet to an iron rod set for endpoint, |
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52. S 54°13'43" E a distance of 603.97 feet to an iron rod set for |
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the beginning of a curve to the left; |
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53. a length of 589.99 feet along the arc of said curve to the left |
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having a radius of 430.00 feet and a chord bearing N 86°27'52" E a |
|
distance of 544.79 feet to an iron rod set for endpoint, |
|
54. N 47°09'28" E a distance of 303.91 feet to an iron rod set for |
|
the beginning of a curve to the right; |
|
55. a length of 937.31 feet along the arc of said curve to the |
|
right having a radius of 745.00 feet and a chord bearing N 83°12'03" |
|
E a distance of 876.71 feet to an iron rod set for endpoint, |
|
56. S 60°45'22" E a distance of 102.31 feet to an iron rod set for |
|
the beginning of a curve to the left; |
|
57. a length of 345.31 feet along the arc of said curve to the left |
|
having a radius of 630.00 feet and a chord bearing S 76°27'30" E a |
|
distance of 341.00 feet to an iron rod set for endpoint, |
|
58. N 87°50'22" E a distance of 234.12 feet to an iron rod set for |
|
the beginning of a curve to the left; |
|
59. a length of 278.36 feet along the arc of said curve to the left |
|
having a radius of 405.00 feet and a chord bearing N 68°08'58" E a |
|
distance of 272.91 feet to an iron rod set for endpoint, |
|
60. S 44°51'54" E a distance of 3.67 feet to an iron rod set on the |
|
easterly line of a that certain 75' right-of-way dedication to Hays |
|
County, Texas for Fulton Ranch Road recorded in Volume 2028, Page |
|
544 of said deed records; |
|
THENCE continuing along the easterly right-of-way of Fulton Ranch |
|
Road the following eighteen (18) calls: |
|
1. a length of 446.38 feet along the arc of a curve to the left |
|
having a radius of 337.50 feet and a chord bearing N 08°10'14" E a |
|
distance of 414.55 feet to an iron rod set for endpoint, |
|
2. N 29°43'10" W a distance of 174.44 feet to an iron rod set for |
|
the beginning of a curve to the left; |
|
3. a length of 161.10 feet along the arc of said curve to the left |
|
having a radius of 339.50 feet and a chord bearing N 16°07'33" W a |
|
distance of 159.59 feet to an iron rod set for endpoint, |
|
4. N 02°31'56" W a distance of 420.28 feet to an iron rod set for |
|
the beginning of a curve to the left; |
|
5. a length of 813.14 feet along the arc of said curve to the left |
|
having a radius of 729.50 feet and a chord bearing N 34°27'52" W a |
|
distance of 771.69 feet to an iron rod set for endpoint, |
|
6. N 69°12'36" W a distance of 588.69 feet to an iron rod set for |
|
the beginning of a curve to the right; |
|
7. a length of 408.25 feet along the arc of said curve to the right |
|
having a radius of 662.50 feet and a chord bearing N 51°33'24" W a |
|
distance of 401.82 feet to an iron rod set for endpoint, |
|
8. N 33°35'41" W a distance of 251.05 feet to an iron rod set for |
|
the beginning of a curve to the right; |
|
9. a length of 38.96 feet along the arc of said curve to the right |
|
having a radius of 262.50 feet and a chord bearing N 29°20'37" W a |
|
distance of 38.92 feet to an iron rod set for endpoint, |
|
10. N 25°05'33" W a distance of 269.77 feet to an iron rod set for |
|
the beginning of a curve to the right; |
|
11. a length of 109.75 feet along the arc of said curve to the |
|
right having a radius of 262.50 feet and a chord bearing N 12°32'53" |
|
W a distance of 108.95 feet to an iron rod set for endpoint; |
|
12. N 00°34'15" W a distance of 807.10 feet to an iron rod set for |
|
angle point; |
|
13. N 01°17'19" W a distance of 283.82 feet to an iron rod set for |
|
the beginning of a curve to the left; |
|
14. a length of 502.03 feet along the arc of said curve to the left |
|
having a radius of 337.50 feet and a chord bearing N 43°54'10" W a |
|
distance of 457.01 feet to an iron rod set for endpoint, |
|
15. N 86°31'01" W a distance of 71.00 feet to an iron rod set for |
|
the beginning of a curve to the left; |
|
16. a length of 195.52 feet along the arc of said curve to the left |
|
having a radius of 287.50 feet and a chord bearing S 74°00'03" W a |
|
distance of 191.77 feet to an iron rod set for endpoint |
|
17. S 54°31'07" W a distance of 194.97 feet to an iron rod set for |
|
the beginning of a curve to the right; |
|
18. a length of 5.73 feet along the arc of said curve to the right |
|
having a radius of 162.40 feet and a chord bearing S 55°31'44" W a |
|
distance of 5.73 feet to an iron rod set for endpoint, |
|
THENCE N 14°03'03" W a distance of 204.20 feet to an iron rod set for |
|
corner; |
|
THENCE N 37°18'46" E a distance of 103.88 feet to a fence post found |
|
for angle point; |
|
THENCE N 59°09'46" W a distance of 12.53 feet to an angle point and N |
|
50°46'24" W a distance of 26.95 feet to a point on the bank of the |
|
Blanco River; |
|
THENCE downstream with the bank of the Blanco River the following |
|
twenty-six (26) calls: |
|
1. N 29°11'43" E a distance of 233.50 feet; |
|
2. N 20°18'00" E a distance of 173.47 feet; |
|
3. N 29°59'40" E a distance of 155.61 feet; |
|
4. N 39°30'45" E a distance of 243.10 feet; |
|
5. N 51°29'39" E a distance of 192.25 feet; |
|
6. N 52°29'58" E a distance of 253.06 feet; |
|
7. N 68°47'27" E a distance of 400.98 feet; |
|
8. N 84°52'19" E a distance of 222.11 feet; |
|
9. S 85°28'03" E a distance of 211.65 feet; |
|
10. S 61°48'59" E a distance of 220.30 feet; |
|
11. S 43°14'04" E a distance of 236.01 feet; |
|
12. S 20°46'57" E a distance of 250.74 feet; |
|
13. S 22°35'03" E a distance of 417.23 feet; |
|
14. S 45°54'45" E a distance of 378.32 feet; |
|
15. S 71°18'30" E distance of 238.22 feet; |
|
16. S 03°49'52" E a distance of 32.54 feet; |
|
17. S 60°25'14" E a distance of 298.43 feet; |
|
18. S 76°54'01" E a distance of 217.47 feet; |
|
19. S 87°14'30" E a distance of 229.31 feet; |
|
20. N 68°08'23" E a distance of 241.37 feet; |
|
21. N 52°14'05" E a distance of 295.18 feet; |
|
22. N 44°17'11" E a distance of 161.63 feet; |
|
23. N 24°55'35" E a distance of 618.53 feet; |
|
24. N 36°53'33" E a distance of 503.94 feet; |
|
25. N 49°57'59" E a distance of 354.65 feet; |
|
26. N 01°32'16" E a distance of 103.74 feet; |
|
THENCE N 41°30'09" E a distance of 173.14 feet to a point in the |
|
approximate center of the Blanco River and N 50°22' 14" E a distance |
|
of 435.86 feet to a point on the bank of the Blanco River and |
|
easterly line of that certain 125.73 acre tract of land conveyed to |
|
the Texas State Teacher's College (now Texas State) by deed |
|
recorded in Volume 148, Page 636 of said deed records; |
|
THENCE continuing with the east line of said Texas State Teacher's |
|
College (now Texas State) 125.73 acre tract the following five (5) |
|
calls: |
|
1. N 43°58'02" E a distance of 241.76 feet to a 3/8" iron rod found |
|
for angle point; |
|
2. N 41°35'40" E a distance of 418.28 feet to a 1/2" iron rod found |
|
at a fence corner; |
|
3. N 23°38'18" E a distance of 331.10 feet to a fence post found for |
|
angle point; |
|
4. N 13°19'17" E a distance of 204.76 feet to a 3/8" iron rod found |
|
at a fence intersection; |
|
5. N 24°25'41" E a distance of 188.16 feet to a 3/8" iron rod found |
|
at a fence corner post on the north line of the Day Land & Cattle Co. |
|
Survey, Abstract 672 for the common corner of Lots 2H and 2J; |
|
Resubdivision of Tract 2 River Creek Subdivision as recorded by |
|
plat in Volume 7, Page 207 of said plat records; |
|
THENCE along said survey line and south line of said subdivision the |
|
following three (3) calls: |
|
1. N 89°33'46" E a distance of 1569.75 feet to a fence post found |
|
for angle point; |
|
2. N 89°53'46" E a distance of 374.77 feet to an iron rod set for |
|
angle point; |
|
3. N 88°48'14" E a distance of 648.73 feet to a 3/8" iron rod found |
|
at a fence corner post for the common corner of Lot 2G, |
|
Resubdivision of Tract 2 River Creek Subdivision and Lot 3A; |
|
Resubdivision of Tract 3 River Creek Subdivision as recorded by |
|
plat in Volume 7, Page 398 of said plat records; |
|
THENCE continuing along the westerly line of Lot 3A the following |
|
three (3) calls: |
|
1. S 24°15'38" E a distance of 111.08 feet to a 3/8" iron rod found |
|
in tree for angle point; |
|
2. S 52°51'51" E a distance of 212.24 feet to a 3/8" iron rod found |
|
at fence post for angle point; |
|
3. S 36°55'04" E a distance of 397.49 feet to a 1/2" iron rod with |
|
cap stamped "PRO TECH" found on the north line of Lot 1, Estrillita |
|
Estates as recorded by plat in Volume 7, Page 145 of said plat |
|
records for the southwest corner of Lot 3A; |
|
THENCE S 52°32'55" W a distance of 4.11 feet to an iron rod set for |
|
the northwest corner of Lot 1, Estrellita Estates; |
|
THENCE along the west line of Lot 1, Estrellita Estates the |
|
following eight (8) calls: |
|
1. S 39°12'04" E a distance of 98.79 feet to a 1/2" iron rod found |
|
for angle point; |
|
2. S 12°37'23" E a distance of 101.15 feet to a 1/2" iron rod found |
|
for angle point; |
|
3. S 05°16'37" E a distance of 639.82 feet to a 1/2" iron rod found |
|
for angle point; |
|
4. S 13°21'25" E a distance of 414.64 feet to a 1/2" iron rod found |
|
for angle point; |
|
5. S 49°01'11" E a distance of 179.61 feet to a 1/2" iron rod set |
|
for angle point; |
|
6. S 23°06'17" E a distance of 159.86 feet to a 3/8" iron rod found |
|
for angle point; |
|
7. S 01°08'17"W a distance of 125.52 feet to a 3/8" iron rod found |
|
for angle point; |
|
8. S 02°24'56" E a distance of 257.84 feet to a point for the |
|
northeast corner of the O'Quinn Family Cemetery tract as recorded |
|
in Document No. 201010031372 of said deed records from which a 1/2" |
|
iron rod with cap found bears N 81°49'43" E a distance of 0.59 feet; |
|
THENCE with said Cemetery tract the following three (3) calls: |
|
1. S 81°49'43" W a distance of 139.26 feet to a 1/2" iron rod with |
|
cap found for the northwest corner; |
|
2. S 02°33'16" E a distance of 149.97 feet to a 1/2" iron rod with |
|
cap found for the southwest corner; |
|
3. N 81°52'13" E a distance of 138.88 feet to a point on the west |
|
line of Lot 1, Estrellita Estates for the southeast corner of said |
|
Cemetery from which a 1/2" iron rod with cap found bears N 81°52'13" |
|
E a distance of 1.03 feet; |
|
THENCE S 02°24'56" E a distance of 132.94 feet to a mag nail found |
|
for the southwest corner of Lot 1, Estrellita Estates and |
|
continuing for a total distance of 356.89 feet to a point on the |
|
south bank of the Blanco River for the northwest corner of said |
|
O'Quinn Land & Cattle Co., LTD 324.442 acre tract; |
|
THENCE downstream with the south bank of the Blanco River the |
|
following nine (9) calls: |
|
1. N 60°14'02" E a distance of 193.77 feet; |
|
2. N 65°51'28" E a distance of 183.60 feet; |
|
3. N 50°09'43" E a distance of 227.46 feet; |
|
4. N 82°00'13" E a distance of 142.24 feet; |
|
5. S 78°21'57" E a distance of 132.19 feet; |
|
6. S 55°05'17" E a distance of 96.98 feet; |
|
7. S 50°59'10" E a distance of 788.01 feet; |
|
8. S 56°11'56" E a distance of 250.98 feet; |
|
9. S 63°20'26" E a distance of 249.35 feet to a point for the |
|
northeast corner hereof and said O'Quinn Land & Cattle Co., LTD |
|
324.442 acre tract and the northwest corner of that certain 95.344 |
|
acre tract of land conveyed to Lamplighter 54, LLC by deed recorded |
|
in Volume 3593, Page 511 of said deed records; |
|
THENCE S 01°37'07" E, passing a 1/2" iron rod with cap stamped |
|
"Driftwood Surveying" found for reference at a distance of 117.88 |
|
feet and continuing for a total distance of 1518.04 feet to a 1/2" |
|
iron rod with cap stamped "Driftwood Surveying" found in the center |
|
of a 60' reciprocal easement of record in Volume 1378, Page 385 of |
|
said deed records and a 60' ingress - egress easement of record in |
|
Volume 1443, Page 572 and amended in Volume 1470, Page 56 of said |
|
deed records for a westerly corner of said Lamplighter 54, LLC |
|
95.344 acre tract; |
|
THENCE with said centerline and continuing with said Lamplighter |
|
54, LLC 95.344 acre tract the following five (5) calls: |
|
1. N 58°17'45" E a distance of 111.24 feet to a 1/2" iron rod with |
|
cap stamped "JE Garon RPLS4303" found for angle point; |
|
2. S 71°29'55" E a distance of 186.02 feet to a calculated point |
|
from which a 1/2" iron rod with cap stamped "BYRN" found for |
|
reference bears S 34°35'42" W a distance of 31.22 feet; |
|
3. S 39°18'41" E a distance of 248.00 feet to a calculated point |
|
from which a 1/2" iron rod with cap stamped "JE Garon RPLS4303" |
|
found for reference bears S 34°13'42" W a distance of 31.28 feet; |
|
4. S 72°09'03" E a distance of 176.86 feet to a calculated angle |
|
point; |
|
5. N 88°15'34" E a distance of 47.81 feet to a calculated point for |
|
corner; |
|
THENCE S 00°51'24" E, passing a 1/2" iron rod with cap stamped "JE |
|
Garon RPLS4303" found for reference at a distance of 29.92 feet and |
|
continuing for a total distance of 3880.81 feet to a 1/2" iron rod |
|
found for the southeast corner of said O'Quinn Land & Cattle Co., |
|
LTD 324.442 acre tract; |
|
THENCE S 89°08'51" W a distance of 2474.70 feet to a 1/2" iron rod |
|
with cap stamped "JE Garon RPLS4303" found for the southwest corner |
|
of said O'Quinn Land & Cattle Co., LTD 324.442 acre tract and |
|
northwest corner of that certain 53.152 acre tract of land conveyed |
|
to the E.F. Romano Ill Trust by deed recorded in Volume 2639, Page |
|
309 of said deed records; |
|
THENCE S 01°20'07" E a distance of 1151.77 feet to a cedar fence |
|
corner post found for the southwest corner of said E.F. Romano III |
|
Trust 53.152 acre tract and the William Gray Survey, Abstract 192; |
|
THENCE N 89°09'53" E a distance of 3394.68 feet along the south line |
|
of said survey to the POINT OF BEGINNING, containing 5003.632 acres |
|
of land, more or less. |
|
TRACT 2 - 33.145 ACRES |
|
LEGAL DESCRIPTION: BEING 33.145 ACRES OF LAND LYING IN AND BEING |
|
SITUATED OUT OF THE DAVID WILSON SURVEY, ABSTRACT NO. 476, THE F.W. |
|
ROBERTSON SURVEY, ABSTRACT NO. 385 AND THE HUGH G. PANNELL SURVEY, |
|
ABSTRACT NO. 368, ALL IN HAYS COUNTY, TEXAS AND BEING A PORTION OF |
|
THAT CERTAIN 4,924.865 ACRE TRACT OF LAND CONVEYED TO O'QUINN LAND & |
|
CATTLE COMPANY, LTD. BY DEED RECORDED IN DOCUMENT NO. 9927995 OF THE |
|
DEED RECORDS OF HAYS COUNTY, TEXAS; SAID 33.145 ACRES BEING MORE |
|
PARTICULARLY DESCRIBED AS FOLLOWS AND AS SURVEYED ON THE GROUND |
|
UNDER THE SUPERVISION OF JAMES E. GARON, REGISTERED PROFESSIONAL |
|
LAND SURVEYOR IN AUGUST, 2010: |
|
BEGINNING at a 1/2" iron rod set on the northerly line of Fulton |
|
Ranch Road, a sixty (60) foot wide dedicated right-of-way to Hays |
|
County, Texas by deed recorded in Volume 2507, Page 881 of said deed |
|
records for the southeasterly corner of that certain 22.874 acre |
|
tract of land conveyed to E.F. Romano III Trust by deed recorded in |
|
Volume 3762, Page 237 of said deed records for the southwesterly |
|
corner hereof; |
|
THENCE with easterly and northerly lines of said Romano 22.874 acre |
|
tract the following eleven (11) calls: |
|
1. N 20°53'51" E a distance of 334.69 feet to a 1/2" iron rod set |
|
for angle point, |
|
2. N 61°43'20" E a distance of 166.98 feet to a 1/2" iron rod set |
|
for angle point, |
|
3. N 05°26'44" E a distance of 59.60 feet to a 1/2" iron rod set for |
|
angle point, |
|
4. N 32°13'15" E a distance of 180.33 feet to a 1/2" iron rod set |
|
for angle point, |
|
5. N 07°23'35" E a distance of 153.84 feet to a 1/2" iron rod set |
|
for angle point, |
|
6. N 08°35'30" W a distance of 151.44 feet to a 1/2" iron rod set |
|
for angle point, |
|
7. N 24°05'46" W a distance of 145.46 feet to a 1/2" iron rod set |
|
for angle point, |
|
8. N 43°26'11" W a distance of 143.96 feet to a 1/2" iron rod set |
|
for angle point, |
|
9. N 85°14'27" W a distance of 136.21 feet to a 1/2" iron rod set |
|
for angle point, |
|
10. S 59°33'31" W a distance of 167.29 feet to a 1/2" iron rod set |
|
for angle point, |
|
11. S 23°48'31" W a distance of 301.42 feet to a 1/2" iron rod found |
|
in the easterly line of that certain 172.761 acre tract of land |
|
conveyed to Texas Porch House, Inc. by deed recorded in Volume 1383, |
|
Page 142 of said deed records and a westerly line of said O'Quinn |
|
4,924.865 acre tract, |
|
THENCE with the easterly line of said Texas Porch House tract and |
|
the westerly line of said O'Quinn 4,924.865 acre tract for a |
|
westerly line hereof the following ten (10) calls: |
|
1. N 04°37'32" E a distance of 237.10 feet to a 1/2" iron rod found |
|
for angle point, |
|
2. N 00°01'52" W a distance of 359.83 feet to a 1/2" iron rod found |
|
for angle point, |
|
3. N 12°03'15" E a distance of 67.60 feet to a 1/2" iron rod found |
|
for angle point, |
|
4. N 28°38'32" E a distance of 116.03 feet to a 1/2" iron rod found |
|
for angle point, |
|
5. N 15°41'54" W a distance of 106.67 feet to a fence corner post |
|
found for angle point, |
|
6. N 33°07'20" W a distance of 135.09 feet to a 60d nail in fence |
|
corner post found for angle point, |
|
7. N 38°56'02" W a distance of 428.43 feet to a 1/2" iron rod set |
|
for angle point, |
|
8. N 38°08'41" W a distance of 414.01 feet to a 1/2" iron rod found |
|
for angle point, |
|
9. N 00°27'03" W a distance of 1055.11 feet to a 1/2" iron rod set |
|
for angle point, |
|
10. N 01°17'19" W a distance of 354.66 feet to a 1/2" iron rod set |
|
in the curving westerly line of Fulton Ranch Road, a seventy-five |
|
(75) foot wide right-of-way dedicated to Hays County, Texas by deed |
|
recorded in Volume 2028, Page 544 of said deed records for the most |
|
northerly corner hereof; |
|
THENCE with the westerly and northerly right-of-way lines of said |
|
Fulton Ranch Road for easterly and southerly line hereof the |
|
following twenty (20) calls: |
|
1. an arc length of 72.70 feet along said curve to the right having |
|
a radius of 263.04 feet and a chord bearing S 09°10'10" E, a chord |
|
length of 72.47 feet to a 1/2" iron rod set for an endpoint of said |
|
curve, |
|
2. S 01°17'19" E a distance of 283.25 feet to a 1/2" iron rod set |
|
for angle point, |
|
3. S 00°34'15" E a distance of 806.73 feet to a 1/2" iron rod set at |
|
the beginning of a curve to the left, |
|
4. an arc length of 141.49 feet along said curve to the left having |
|
a radius of 337.50 feet and a chord bearing S 12°34'54" E, a chord |
|
length of 140.46 feet to a 1/2" iron rod set for an endpoint of said |
|
curve, |
|
5. S 25°05'33" E a distance of 275.31 feet to a 1/2" iron rod set at |
|
the beginning of a curve to the left, |
|
6. an arc length of 44.52 feet along said curve to the left having |
|
a radius of 300.00 feet and a chord bearing S 29°20'37" E a chord |
|
length of 44.48 feet to a 1/2" iron rod set for an endpoint of said |
|
curve, |
|
7. S 33°35'41" E a distance of 251.24 feet to a 1/2" iron rod set at |
|
the beginning of a curve to the left, |
|
8. an arc length of 454.68 feet along said curve to the left having |
|
a radius of 737.50 feet and a chord bearing S 51°32'55" E a chord |
|
length of 447.51 feet to a 1/2" iron rod set for an endpoint of said |
|
curve, |
|
9. S 69°12'36" E a distance of 586.80 feet to a 1/2" iron rod set at |
|
the beginning of a curve to the right, |
|
10. an arc length of 727.74 feet along said curve to the right |
|
having a radius of 654.50 feet and a chord bearing S 34°23'10" E, a |
|
chord length of 690.83 feet to a 1/2" iron rod set for an endpoint of |
|
said curve, |
|
11. S 02°31'56" E a distance of 420.28 feet to a 1/2" iron rod set |
|
at the beginning of a curve to the left, |
|
12. an arc length of 196.68 feet along said curve to the left |
|
having a radius of 414.50 feet and a chord bearing S 16°07'33" E a |
|
chord length of 194.84 feet to a 1/2" iron rod set for an endpoint of |
|
said curve, |
|
13. S 29°43'10" E a distance of 174.44 feet to a 1/2" iron rod set |
|
at the beginning of a curve to the right, |
|
14. an arc length of 348.40 feet along said curve to the right |
|
having a radius of 262.50 feet and a chord bearing S 08°18'10" W, a |
|
chord length of 323.39 feet to a 1/2" iron rod set at the |
|
southwesterly corner of said Fulton Ranch Road, seventy-five (75) |
|
foot wide right-of-way dedication for an angle point, |
|
15. S 44°51'54" E a distance of 11.21 feet to a 1/2" iron rod set at |
|
the most northeasterly corner of Fulton Ranch Road, a sixty (60) |
|
foot wide dedicated right-of-way to Hays County, Texas by deed |
|
recorded in Volume 2507, Page 881 of said deed records, |
|
16. an arc length of 233.64 feet along said curve to the right |
|
having a radius of 345.00 feet and a chord bearing S 68°26'21" W, a |
|
chord length of 229.20 feet to a 1/2" iron rod set for an endpoint of |
|
said curve, |
|
17. S 87°50'22" W a distance of 234.12 feet to a 1/2" iron rod set |
|
at the beginning of a curve to the right, |
|
18. an arc length of 312.42 feet along said curve to the right |
|
having a radius of 570.00 feet and a chord bearing N 76°27'30" W, a |
|
chord length of 308.53 feet to a 1/2" iron rod set for an endpoint of |
|
said curve, |
|
19. N 60°45'22" W a distance of 102.31 feet to a 1/2" iron rod set |
|
at the beginning of a curve to the left, |
|
20. an arc length of 171.70 feet along said curve to the left |
|
having a radius of 805.00 feet and a chord bearing N 66°51'59" W, a |
|
chord length of 171.37 feet to the POINT OF BEGINNING, containing |
|
33.145 acres of land, more or less. |
|
TRACT 3 - 1.640 ACRES |
|
LEGAL DESCRIPTION: BEING 1.640 ACRES OF LAND LYING IN AND BEING |
|
SITUATED OUT OF THE DAVID WILSON SURVEY, ABSTRACT NO. 476 IN HAYS |
|
COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 4,924.865 ACRE |
|
TRACT OF LAND CONVEYED TO O'QUINN LAND & CATTLE COMPANY, LTD. BY |
|
DEED RECORDED IN DOCUMENT NO. 9927995 OF THE DEED RECORDS OF HAYS |
|
COUNTY, TEXAS; SAID 1.640 ACRES BEING MORE PARTICULARLY DESCRIBED |
|
AS FOLLOWS AND AS SURVEYED ON THE GROUND UNDER THE SUPERVISION OF |
|
JAMES E. GARON, REGISTERED PROFESSIONAL LAND SURVEYOR IN AUGUST, |
|
2010: |
|
BEGINNING at a 1/2" iron rod found in the easterly line of Lot 120, |
|
Saddleridge, a subdivision recorded in Volume 7, Pages 348-354 of |
|
the Plat Records of Hays County, Texas for a northwesterly corner of |
|
that certain 388.68 acre tract of land conveyed to Ingram Ranches I, |
|
Ltd. by deed recorded in Volume 1197, Page 550 of said deed records |
|
and an angle point in the west line of said O'Quinn 4,924.865 acre |
|
tract for a westerly corner hereof; |
|
THENCE N 00°42'41" W a distance of 160.66 feet with the easterly line |
|
of said Saddleridge and the westerly line of said O'Quinn 4,924.865 |
|
acre tract for the westerly line hereof to a 1/2" iron rod set at the |
|
endpoint of a curve in southwesterly line of Fulton Ranch Road, a |
|
sixty (60) foot wide right-of-way dedicated to Hays County, Texas |
|
by deed recorded in Volume 2507, Page 881 of said deed records for |
|
the most northerly corner hereof; |
|
THENCE with the southwesterly right-of-way line of said Fulton |
|
Ranch Road, an arc length of 255.35 feet along said curve to the |
|
left having a radius of 230.00 feet and a chord bearing S 32°32'51" |
|
E, a chord length of 242.44 feet to a 1/2" iron rod set for an |
|
endpoint of said curve and S 64°19'24" E a distance of 5271.98 feet |
|
to a 1/2" iron rod set at the northwesterly corner of that certain |
|
126.836 acre tract of land conveyed to E.F. Romano III Trust by deed |
|
recorded in Volume 3762, Page 236 of said deed records for an |
|
easterly corner hereof; |
|
THENCE S 25°22'59" W a distance of 8.07 feet to a 1/2" iron rod set in |
|
the northeasterly line of said Ingram Ranches I, Ltd. 388.68 acre |
|
tract of land and the southwesterly line of said O'Quinn 4,924.865 |
|
acre tract for a westerly corner of said Romano 126.836 acre |
|
tract-of land; |
|
THENCE with the northeasterly line of said Ingram 388.68 acre tract |
|
and the southwesterly line of said O'Quinn 4,924.865 acre tract the |
|
following five (5) calls: |
|
1. N 64°37'01" W a distance of 1926.82 feet to a 1/2" iron rod set |
|
for angle point, |
|
2. N 64°06'10" W a distance of 924.94 feet to a 1/2" iron rod set |
|
for angle point, |
|
3. N 64°43'32" W a distance of 420.52 feet to a 1/2" iron rod set |
|
for angle point, |
|
4. N 63°31'24" W a distance of 1017.94 feet to a 1/2" iron rod set |
|
for angle point, |
|
5. N 64°59'49" W a distance of 1116.71 feet to the POINT OF |
|
BEGINNING, containing 1.640 acres of land, more or less. |
|
TRACT 4 - 1.500 ACRES |
|
LEGAL DESCRIPTION: BEING 1.500 ACRES OF LAND LYING IN AND BEING |
|
SITUATED OUT OF THE DAVID WILSON SURVEY, ABSTRACT NO. 476 IN HAYS |
|
COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 4,924.865 ACRE |
|
TRACT OF LAND CONVEYED TO O'QUINN LAND & CATTLE COMPANY, LTD. BY |
|
DEED RECORDED IN DOCUMENT NO. 9927995 OF THE DEED RECORDS OF HAYS |
|
COUNTY, TEXAS; SAID 1.500 ACRES BEING MORE PARTICULARLY DESCRIBED |
|
AS FOLLOWS AND AS SURVEYED ON THE GROUND UNDER THE SUPERVISION OF |
|
JAMES E. GARON, REGISTERED PROFESSIONAL LAND SURVEYOR IN AUGUST, |
|
2010: |
|
BEGINNING at a 1/2" iron rod found in the westerly line of said |
|
O'Quinn 4,924.865 acre tract at the northeasterly corner of Lot |
|
104, Saddleridge, a subdivision recorded in Volume 7, Pages 348-354 |
|
of the Plat Records of Hays County, Texas and a southerly corner of |
|
that certain 955.36 acre tract of land conveyed to H.W. Lennie by |
|
deed recorded in Volume 152, Page 219 of said deed records; |
|
THENCE with the common line of said Lennie 955.36 acre tract and |
|
O'Quinn 4,924.865 acre tract the following four (4) calls: |
|
1. N 26°57'42" E a distance of 230.96 feet to a fence corner post |
|
found for angle point, |
|
2. N 88°47'41" E a distance of 992.46 feet to a fence corner post |
|
found for angle point, |
|
3. N 03°49'20" E a distance of 301.14 feet to a 1/2" iron rod at |
|
fence corner post found for angle point, |
|
4. N 32°19'27" E a distance of 85.60 feet to a calculated point in |
|
the curving westerly line of Fulton Ranch Road, a sixty (60) foot |
|
wide right-of-way dedicated to Hays County, Texas by deed recorded |
|
in Volume 2507, Page 881 of said deed records for the most northerly |
|
corner hereof; |
|
THENCE with westerly and northerly right-of-way lines of said |
|
Fulton Ranch Road the following six (6) calls: |
|
1. an arc length of 168.78 feet along said curve to the left having |
|
a radius of 430.00 feet and a chord bearing S 13°42'07" W, a chord |
|
length of 167.70 feet to a 1/2" iron rod set for an endpoint, |
|
2. S 02°27'27" W a distance of 179.23 feet to a 1/2" iron rod set at |
|
the beginning of a curve to the right, |
|
3. an arc length of 68.27 feet along said curve to the right having |
|
a radius of 45.00 feet and a chord bearing S 45°55'14" W, a chord |
|
length of 61.91 feet to a 1/2" iron rod set for an endpoint, |
|
4. S 89°23'02" W a distance of 632.37 feet to a 1/2" iron rod set at |
|
the beginning of a curve to the left, |
|
5. an arc length of 672.78 feet along said curve to the left having |
|
a radius of 430.00 feet and a chord bearing S 44°27'07" W, a chord |
|
length of 606.23 feet to a 1/2" iron rod set for an endpoint, |
|
6. S 00°31'45" E a distance of 3534.73 feet to a 1/2" iron rod set |
|
for the most southerly corner hereof, being in the westerly line of |
|
Lot 120 of said Saddleridge, being an easterly line of said O'Quinn |
|
4,924.865 acre tract; |
|
THENCE N 00°42'41" W a distance of 3759.93 feet with the common line |
|
of said Saddleridge and said O'Quinn 4,924.865 acre tract to the |
|
POINT OF BEGINNING, containing 1.500 acres of land, more or less. |
|
TRACT 5 - 0.103 ACRE |
|
LEGAL DESCRIPTION: BEING 0.103 ACRE OF LAND LYING IN AND BEING |
|
SITUATED OUT OF THE DAVID WILSON SURVEY, ABSTRACT NO. 476 IN HAYS |
|
COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 4,924.865 ACRE |
|
TRACT OF LAND CONVEYED TO O'QUINN LAND & CATTLE COMPANY, LTD. BY |
|
DEED RECORDED IN DOCUMENT NO. 9927995 OF THE DEED RECORDS OF HAYS |
|
COUNTY, TEXAS; SAID 0.103 ACRE BEING MORE PARTICULARLY DESCRIBED AS |
|
FOLLOWS AND AS SURVEYED ON THE GROUND UNDER THE SUPERVISION OF JAMES |
|
E. GARON, REGISTERED PROFESSIONAL LAND SURVEYOR IN AUGUST, 2010: |
|
BEGINNING at a 1/2" iron rod set in the easterly line of that |
|
certain 955.36 acre tract of land conveyed to H.W. Lennie by deed |
|
recorded in Volume 152, Page 219 of said deed records and a westerly |
|
line of said O'Quinn 4,924.865 acre tract and Fulton Ranch Road, a |
|
sixty (60) foot wide right-of-way dedicated to Hays County, Texas |
|
by deed recorded in Volume 2507, Page 881 of said deed records for |
|
the most southerly corner hereof, from which a 1/2" iron rod found |
|
at the northeasterly corner of Lot 104, Saddleridge, a subdivision |
|
recorded in Volume 7, Pages 348-354 of the Plat Records of Hays |
|
County, Texas and a southerly corner of said Lennie 955.36 acre |
|
tract bears the following five (5) calls: |
|
1. S 32°28'20" W a distance of 112.64 feet, |
|
2. S 32°19'27" W a distance of 85.60 feet, |
|
3. S 03°49'20" W a distance of 301.14 feet, |
|
4. S 88°47'41" W a distance of 992.46 feet, |
|
5. S 26°57'42" W a distance of 230.96 feet; |
|
THENCE with the common line of said Lennie 955.36 acre tract and |
|
O'Quinn 4,924.865 acre tract, N 32°19'27" E a distance of 93.10 feet |
|
to a 1/2" iron rod found for angle point and N 40°56'43" E a distance |
|
of 494.99 feet to a calculated point in the curving westerly |
|
right-of-way line of said Fulton Ranch Road for the most northerly |
|
corner hereof; |
|
THENCE with westerly the right-of-way line of said Fulton Ranch |
|
Road the following three (3) calls: |
|
1. an arc length of 144.82 feet along said curve to the right having |
|
a radius of 2470.00 feet and a chord bearing S 38°19'07" W, a chord |
|
length of 144.80 feet to a 1/2" iron rod set for an endpoint, |
|
2. S 39°59'53" W a distance of 440.24 feet to a 1/2" iron rod set at |
|
the beginning of a curve to the left, |
|
3. an arc length of 2.22 feet along said curve to the left having a |
|
radius of 430.00 feet and a chord bearing S 39°51 '00" W, a chord |
|
length of 2.22 feet to the POINT OF BEGINNING, containing 0.103 acre |
|
of land, more or less. |
|
TRACT 6 - 0.258 ACRE |
|
LEGAL DESCRIPTION: BEING A 0.258 ACRE TRACT OF LAND LYING IN AND |
|
BEING SITUATED OUT OF THE DAVID WILSON SURVEY, ABSTRACT NO. 476 IN |
|
HAYS COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 4,924.865 |
|
ACRE TRACT OF LAND CONVEYED TO O'QUINN LAND & CATTLE COMPANY, LTD. |
|
BY DEED RECORDED IN DOCUMENT NO. 9927995 OF THE DEED RECORDS OF HAYS |
|
COUNTY, TEXAS; SAID 0.258 ACRE BEING MORE PARTICULARLY DESCRIBED AS |
|
FOLLOWS AND AS SURVEYED ON THE GROUND UNDER THE SUPERVISION OF JAMES |
|
E. GARON, REGISTERED PROFESSIONAL LAND SURVEYOR IN AUGUST, 2010: |
|
BEGINNING at a 1/2" iron rod set in the westerly line of Fulton |
|
Ranch Road, a sixty (60) foot wide right-of-way dedicated to Hays |
|
County, Texas by deed recorded in Volume 2507, Page 881 of said deed |
|
records for the most southerly corner of that certain 22.874 acre |
|
tract of land conveyed to E.F. Romano III Trust by deed recorded in |
|
Volume 3762, Page 237 of said deed records; |
|
THENCE with westerly the right-of-way line of said Fulton Ranch |
|
Road, S 21°42'50" W a distance of 226.02 feet to a 1/2" iron rod set |
|
at the beginning of a curve to the right and an arc length of 543.84 |
|
feet along the arc of said curve to the right having a radius of |
|
2470.00 feet and a chord bearing S 28°01'18" W, a chord length of |
|
542.75 feet to a calculated point in the easterly line of that |
|
certain 955.36 acre tract of land conveyed to H.W. Lennie by deed |
|
recorded in Volume 152, Page 219 of said deed records and a westerly |
|
line of said O'Quinn 4,924.865 acre tract for the most southerly |
|
corner hereof; |
|
THENCE with the common line of said Lennie 955.36 acre tract and |
|
O'Quinn 4,924.865 acre tract, N 26°44'53" E a distance of 655.85 |
|
feet to a 1/2" iron rod found for angle point and N 16°22'14" E a |
|
distance of 259.48 feet to a 1/2" iron rod set in the westerly line |
|
of said Romano 22.874 acre tract for the most northerly corner |
|
hereof; |
|
THENCE S 11°32'10" W a distance of 148.52 feet to the POINT OF |
|
BEGINNING, containing 0.258 acre of land, more or less. |
|
TRACT 7 - 0.961 ACRE |
|
LEGAL DESCRIPTION: BEING 0.961 ACRE OF LAND LYING IN AND BEING |
|
SITUATED OUT OF THE HUGH G. PANNELL SURVEY, ABSTRACT NO. 368 IN HAYS |
|
COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 4,924.865 ACRE |
|
TRACT OF LAND CONVEYED TO O'QUINN LAND & CATTLE COMPANY, LTD. BY |
|
DEED RECORDED IN DOCUMENT NO. 9927995 OF THE DEED RECORDS OF HAYS |
|
COUNTY, TEXAS; SAID 0.961 ACRE BEING MORE PARTICULARLY DESCRIBED AS |
|
FOLLOWS AND AS SURVEYED ON THE GROUND UNDER THE SUPERVISION OF JAMES |
|
E. GARON, REGISTERED PROFESSIONAL LAND SURVEYOR IN AUGUST, 2010: |
|
BEGINNING at a 1/2" iron rod set at the intersection of the curving |
|
southerly line of Fulton Ranch Road, a seventy-five (75) foot wide |
|
right-of-way dedicated to Hays County, Texas by deed recorded in |
|
Volume 2028, Page 544 of said deed records with the northerly line |
|
of that certain 172.761 acre tract of land conveyed to Texas Porch |
|
House, Inc. by deed recorded in Volume 1383, Page 142 of said deed |
|
records and a southerly line of said O'Quinn 4,924.865 acre tract |
|
for the southeast corner hereof, from which a 1/2" iron rod found at |
|
the northeast corner of said Texas Porch House 172.761 acre tract |
|
and an ell corner of said O'Quinn 4,924.865 acre tract bears N |
|
88°43'00" E a distance of 38.27 feet; |
|
THENCE S 88°43'00" W a distance of 519.30 feet with the northerly |
|
line of said Texas Porch House 172.761 acre tract to a 1/2" iron rod |
|
set for the southwest corner hereof; |
|
THENCE with the southerly right-of-way line of Fulton Ranch Road |
|
the following four (4) calls: |
|
1. N 54°31'07" E a distance of 143.29 feet to a 1/2" iron rod set at |
|
the beginning of a curve to the right, |
|
2. an arc length of 144.51 feet along said curve to the right |
|
having a radius of 212.50 feet and a chord bearing N 74°00'03" E, a |
|
chord length of 141.74 feet to a 1/2" iron rod set for an endpoint, |
|
3. S 86°31'01" E a distance of 71.00 feet to a 1/2" iron rod set at |
|
the beginning of a curve to the right, |
|
4. an arc length of 229.67 feet along said curve to the right |
|
having a radius of 262.50 feet and a chord bearing S 61°27'06" E, a |
|
chord length of 222.42 feet to the POINT OF BEGINNING, containing |
|
0.961 acre of land, more or less. |
|
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) Section 8471.104, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 8471, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 8471.104 to read as follows: |
|
Sec. 8471.104. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Subsection (c), |
|
Section 17, 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, 2013. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1868 passed the Senate on |
|
April 29, 2013, by the following vote: Yeas 31, Nays 0; and that |
|
the Senate concurred in House amendment on May 16, 2013, by the |
|
following vote: Yeas 29, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1868 passed the House, with |
|
amendment, on May 10, 2013, by the following vote: Yeas 142, |
|
Nays 1, two present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |