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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Venable Ranch Municipal Utility |
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District No. 1 of Denton County; granting a limited power of eminent |
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domain; providing authority to issue bonds; providing authority to |
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impose 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 8469 to read as follows: |
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CHAPTER 8469. VENABLE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF |
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DENTON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8469.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Aubrey, Texas. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "Director" means a board member. |
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(5) "District" means the Venable Ranch Municipal |
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Utility District No. 1 of Denton County. |
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Sec. 8469.002. 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. 8469.003. 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. 8469.004. CONSENT OF CITY REQUIRED. The temporary |
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directors may not hold an election under Section 8469.003 until: |
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(1) the city has consented by ordinance or resolution |
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to the creation of the district and to the inclusion of land in the |
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district; and |
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(2) the city and an owner or owners of land in the |
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district have entered into a development agreement under Section |
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212.172, Local Government Code. |
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Sec. 8469.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8469.006. 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. 8469.051. 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 8469.052, directors serve |
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staggered four-year terms. |
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Sec. 8469.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2013, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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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 8469.003; or |
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(2) September 1, 2017. |
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(c) If permanent directors have not been elected under |
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Section 8469.003 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 8469.003; 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. 8469.101. 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. 8469.102. 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. 8469.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8469.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8469.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8469.106. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8469.151 to authorize the issuance of bonds. |
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(f) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8469.003. |
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(i) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(j) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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Sec. 8469.107. FIREFIGHTING SERVICES. Notwithstanding |
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Section 49.351(a), Water Code, the district may, as authorized by |
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Section 59(f), Article XVI, Texas Constitution, and Section 49.351, |
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Water Code: |
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(1) establish, operate, and maintain a fire |
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department; |
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(2) contract with another political subdivision for |
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the joint operation of a fire department; or |
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(3) contract with any other person to perform |
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firefighting services in the district and may issue bonds and |
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impose taxes to pay for the department and the activities. |
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Sec. 8469.108. FEES AND CHARGES. (a) The district may |
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adopt and enforce all necessary charges, mandatory fees, or |
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rentals, in addition to taxes, for providing or making available |
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any district facility or service, including firefighting |
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activities provided under Section 8469.107. |
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(b) To enforce payment of an unpaid fee or charge due to the |
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district, on the request of the district, a retail public utility, |
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as defined by Section 13.002, Water Code, providing water or sewer |
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service to a customer in the district shall terminate the service. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8469.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8469.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8469.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8469.151, 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. 8469.153. 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. 8469.201. 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. 8469.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8469.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SUBCHAPTER F. ANNEXATION BY CITY |
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Sec. 8469.251. EFFECT OF ANNEXATION BY CITY. (a) |
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Notwithstanding any other law, if all of the territory of the |
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district is annexed by the city into the corporate limits of the |
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city before the date of the election held to confirm the creation of |
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the district and the district is confirmed at that election, the |
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district may not be dissolved and continues in existence following |
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annexation until: |
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(1) water, sanitary sewer, and drainage improvements |
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and roads have been constructed to serve at least 90 percent of the |
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territory of the district capable of development; or |
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(2) the board adopts a resolution consenting to the |
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dissolution of the district. |
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(b) After annexation by the city: |
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(1) the district may not impose an ad valorem tax; |
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(2) the district may impose a special assessment in |
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the manner provided by Subchapter F, Chapter 375, Local Government |
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Code; and |
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(3) Section 375.161, Local Government Code, does not |
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apply to the district. |
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SECTION 2. The Venable Ranch Municipal Utility District |
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No. 1 of Denton County initially includes all the territory |
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contained in the following area: |
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VENABLE PROPERTY DESCRIPTION: |
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TRACT 1 |
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Being a tract of land situated in the George Smith Survey, Abstract |
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No. 1219, the S. Williams Survey, Abstract No. 1333, the M. McBride |
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Survey, Abstract No. 804, the N. McMillan Survey, Abstract No. 841, |
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the J. Cantwell Survey, Abstract No. 282, the T. Chambers Survey, |
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Abstract No. 223, the J. Moses Survey, Abstract No. 894, the J. |
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Wells Survey, Abstract No. 1426, the J. Wilburn Survey, Abstract |
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No. 1427, and the W. Boydston Survey, Abstract No. 117, Denton |
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County, Texas and being all of the following tracts of land conveyed |
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to Venable Royalty, LTD.; a called 10.69 acre tract by deed recorded |
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in Volume 5128, Page 563 of the Real Property Records of Denton |
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County, Texas (R.P.R.D.C.T.); a called 11.00 acre tract by deed |
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recorded in Volume 5144, Page 2973, R.P.R.D.C.T.; a called a called |
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29.089 acre tract by deed recorded in Volume 4077, Page 1372, |
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R.P.R.D.C.T.; a called 27.20 acre tract by deed recorded in Volume |
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5076, Page 822, R.P.R.D.C.T. (50% interest); a called 54.08 acre |
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tract by deed recorded in Volume 4867, Page 3255, R.P.R.D.C.T.; a |
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called 7.000 acre tract, called Parcel One, Tract I, a called 0.228 |
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acre tract, called Parcel One, Tract II, and a called 14.586 acre |
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tract, called Parcel Two by deed recorded in Volume 4506, Page 1340 |
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of the Deed Records of Denton County, Texas (D.R.D.C.T.); all of |
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Lots 16 and 17 of Scenic Acres by deed recorded in Volume 4399, Page |
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1845, R.P.R.D.C.T., said Scenic Acres being an addition to Denton |
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County, Texas according to the plat recorded in Cabinet B, Page 379 |
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of the Map Records of Denton County, Texas (M.R.D.C.T.); all of the |
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following tracts of land conveyed to Venable Estate, LTD.; a called |
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4.02 acre tract by deed recorded in Instrument No. 2008-41088 of the |
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Official Records of Denton County, Texas (O.R.D.C.T.); a called |
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27.20 acre tract by deed recorded in Instrument No. 2004-101157, |
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O.R.D.C.T. (50% interest); all of the following recorded in |
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Instrument No. 2005-43578, O.R.D.C.T.; of Exhibit "A-1"; a called |
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48.9 acre tract, called First Tract; a called 70 acre tract, called |
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Second Tract; a called 40 acre tract, called Third Tract; a called |
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30 acre tract, called Fourth Tract; a called 70.80 acre tract, |
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called Fifth Tract; a called 70.62 acre tract, called Sixth Tract; a |
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called 53.83 acre tract, called Seventh Tract; a called 88 acre |
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tract, called Eighth Tract; a called 40 acre tract, called Ninth |
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Tract; a called 40 acre tract, called Tenth Tract; a called 54 acre |
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tract, called Eleventh Tract; a called 63 acre tract, called |
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Twelfth Tract; a called 55 acre tract, called Thirteenth Tract; a |
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called 50 acre tract, called Fourteenth Tract; a called 3 acre |
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tract, called Fifteenth Tract; a called 6 acre tract, called |
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Sixteenth Tract; a called 100 acre tract, called Seventeenth Tract; |
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a called 58 acre tract, called Eighteenth Tract; a called 29.37 acre |
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tract, called Nineteenth Tract; the remainder of a called 20 acre |
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tract, called Twentieth Tract; a called 80 acre tract, called |
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Twenty-First Tract; a called 3.5 acre tract, called Twenty-Second |
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Tract; a called 114.8 acre tract, called Twenty-Third Tract; a |
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called 412 acre tract, called Twenty-Fourth Tract; a called 40 acre |
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tract, called Twenty-Fifth Tract; a called 40 acre tract, called |
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Twenty-Sixth Tract; a called 65.93 acre tract, called |
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Twenty-Seventh Tract; of Exhibit "A-2"; First Tract; Second Tract; |
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and a called 118.3 acre tract, called Third Tract; all of Exhibit |
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"A-3", called 24 acres; all of Exhibit "A-6", called 70 acres; of |
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Exhibit "A-7"; a called 63 acre tract, called First Tract; and a |
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called 80 acre tract, called Second Tract; and all of Exhibit "A-8", |
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called 54.089 acres, and being more particularly described as |
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follows: |
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BEGINNING at a 1/2 inch iron rod found for the northeast corner of |
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said Venable 10.69 acre tract, said corner being in the west line of |
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the Texas and Pacific Railway Company right-of-way (80 foot wide |
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right-of-way); |
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THENCE along the west line of said Texas and Pacific Railway Company |
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right-of-way the following courses and distances: |
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South 07°41'12" West, a distance of 3421.85 feet to the |
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beginning of a tangent curve to the right; |
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Southwesterly along said tangent curve to the right having a |
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central angle of 18°23'37", a radius of 5679.58 feet, a chord |
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bearing of South 16°53'01" West, a chord distance of 1815.49 feet, |
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and an arc length of 1823.31 feet to a point at the end of said |
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curve; |
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South 26°04'49" West, a distance of 3713.98 feet to the |
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southeast corner of said Venable Exhibit "A-1" Twenty-Fourth Tract, |
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said point being in the approximate centerline of Black Jack Road; |
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THENCE with the approximate centerline of Black Jack Road and along |
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the south lines of said Venable Exhibit "A-1" Twenty-Fourth Tract |
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and Twentieth Tract, the following courses and distances: |
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North 89°23'03" West, passing at a distance of 88.61 feet the |
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northeast corner of Quail Ridge Estates, an addition to the City of |
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Aubrey, Texas according to the plat recorded in Cabinet T, Page 40, |
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M.R.D.C.T., and continuing for a total distance of 1122.68 feet to |
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the most northerly northwest corner of said Quail Ridge Estates; |
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North 89°59'13" West, a distance of 2643.79 feet to the |
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northwest corner of a called 15.000 acre tract of land, called Tract |
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Eight, conveyed to Old south Royalty Company by deed recorded in |
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Volume 2138, Page 809, R.P.R.D.C.T. and the northeast corner of a |
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called 15.28 Acre tract of land conveyed to Robert A. Foster and |
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Etta J. Luongo, by deed recorded in Document No. 2007-88559, |
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O.R.D.C.T.; |
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South 89°49'29" West, passing at a distance of 39.40 feet a |
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mag nail found, and continuing for a total distance of 368.29 feet |
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to the southwest corner of said Venable Exhibit "A-1" Twentieth |
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Tract, said point being in the west line of Wilson Cemetery Road; |
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THENCE North 01°18'58" West, along the west line of said Venable |
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Exhibit "A-1" Twentieth Tract and the west line of said Wilson |
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Cemetery Road, passing at a distance of 8.98 feet a mag nail found |
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for the southeast corner of a called 25.196 acre tract of land |
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conveyed to Russell W. Streng and Truly W. Streng, by deed recorded |
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in Volume 4326, Page 1990, R.P.R.D.C.T., and continuing along said |
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west lines and the east line of said 25.196 acre tract for a total |
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distance of 224.04 feet to a point in a fence line at the southerly |
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corner of a called 0.100 acre tract of land conveyed to Russell W. |
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Streng and Truly W. Streng by deed recorded in Document No. |
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2012-53458, O.R.D.C.T.; |
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THENCE North 00°08'42" West, with said fence line along the west |
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line of said Wilson Cemetery Road, and along the east line of said |
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0.100 acre tract, a distance of 653.39 feet to the northeast corner |
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of said 0.100 acre tract and the southeast corner of a called 0.422 |
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acre tract of land conveyed to Rodney Ivan Streng and Judith Ann |
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Streng, Trustees, or Their Successor Trustees Under The Rodney I. |
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Streng and Judith A. Streng Living Trust, by deed recorded in |
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Document No. 2012-53328, O.R.D.C.T.; |
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THENCE continuing along said fence line along the west line of said |
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Wilson Cemetery Road, and along the east line of said 0.422 acre |
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tract, the following courses and distances: |
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North 00°10'08" West, a distance of 816.15 feet to a point for |
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corner; |
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North 15°07'16" West, a distance of 23.99 feet to a point for |
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corner; |
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North 54°47'59" West, a distance of 29.83 feet to the most |
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northerly corner of said 0.422 acre tract, said point being in the |
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west line of said Venable Exhibit "A-1" Twentieth Tract and east |
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line of a called 25.196 acre tract of land conveyed to Rodney I. |
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Streng and Judith A. Streng Family Trust, by deed recorded in |
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Instrument Number 2010-59229, O.R.D.C.T.; |
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THENCE North 01°18'58" West, a distance of 12.03 feet to a mag nail |
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found for the northwest corner of said Venable Exhibit "A-1 |
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Twentieth Tract and the northeast corner of said Streng Family |
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Trust 25.196 acre tract, said corner being in the south line of said |
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Venable Exhibit "A-1" Eighth Tract; |
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THENCE North 89°45'07" West, with said Wilson Cemetery Road, and |
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along the south line of said Venable Exhibit "A-1" Eighth Tract and |
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the north line of said Streng Family Trust 25.196 acre tract, a |
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distance of 1254.71 feet to a 1/2 inch iron rod found for the |
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southwest corner of said Venable Exhibit "A-1" Eighth Tract and the |
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northwest corner of said Streng Family Trust 25.196 acre tract, |
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said corner being in the east line of a called 5.30 acre tract of |
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land, called Tract Three, conveyed to Cedars Development, Inc. by |
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deed recorded in Instrument Number 2011-95252, O.R.D.C.T.; |
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THENCE North 01°20'47" West, with said Wilson Cemetery Road, and |
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along the west line of said Venable Exhibit "A-1" Eighth Tract and |
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the east line of said 5.30 acre tract, a distance of 573.91 feet to a |
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1/2 inch iron rod found for the northeast corner of said 5.30 acre |
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tract and the southeast corner of said Venable Exhibit "A-1" |
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Fourteenth Tract, said corner being at the intersection of Wilson |
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Cemetery Road with Grubbs Road; |
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THENCE North 88°33'37" West, with said Grubbs Road, and along the |
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south lines of said Venable Exhibit "A-1" Fourteenth Tract and |
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Fifteenth Tract, a distance of 1429.54 feet to a mag nail found for |
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the southwest corner of said Venable Exhibit "A-1" Fifteenth Tract, |
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and the southeast corner of a called 0.743 acre tract of land, |
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called Tract One, conveyed to Old South Royalty Company by deed |
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recorded in Volume 2138, Page 809, R.P.R.D.C.T.; |
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THENCE North 00°16'29" East, along the west line of said Venable |
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Exhibit "A-1" Fifteenth Tract and the east line of said 0.743 acre |
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tract, passing at a distance of 1078.75 feet the northeast corner of |
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said 0.743 acre tract and the most southerly southeast corner of a |
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called 352.393 acre tract of land, called Tract Three, conveyed to |
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Old South Royalty Company by deed recorded in Volume 2138, Page 809, |
|
R.P.R.D.C.T., and continuing along said west line and the east line |
|
of said 352.393 acre tract, for a total distance of 2079.16 feet to |
|
a 1/2 inch iron rod with plastic cap stamped "J E Smith 3700" found |
|
for the northwest corner of said Venable Exhibit "A-1" Fifteenth |
|
Tract and an ell corner of said 352.393 acre tract; |
|
THENCE South 89°57'36" East, along the north line of said Venable |
|
Exhibit "A-1" Fifteenth Tract and a south line of said 352.393 acre |
|
tract, a distance of 69.55 feet to a 1/2 inch iron rod with plastic |
|
cap stamped "J E Smith 3700" found for the northeast corner of said |
|
Venable Exhibit "A-1" Fifteenth Tract, the northwest corner of said |
|
Venable Exhibit "A-1" Fourteenth Tract, the southwest corner of |
|
said Venable Exhibit "A-1" Twelfth Tract, and the most easterly |
|
southeast corner of said 352.393 acre tract; |
|
THENCE North 00°07'55" West, along the west line of said Venable |
|
Exhibit "A-1" Twelfth Tract and the east line of said 352.393 acre |
|
tract, a distance of 1866.24 feet to a 1/2 inch iron rod with |
|
plastic cap stamped "J E Smith 3700" found for the northeast corner |
|
of said 352.393 acre tract and the southeast corner of said Venable |
|
Exhibit "A-1" Nineteenth Tract; |
|
THENCE along the south line of said Venable Exhibit "A-1" |
|
Nineteenth Tract and the north line of said 352.393 acre tract the |
|
following courses and distances: |
|
South 84°01'58" West, a distance of 569.60 feet to a point for |
|
corner; |
|
South 89°43'26" West, a distance of 841.22 feet to a 1/2 inch |
|
iron rod with plastic cap stamped "J E Smith 3700" found for the |
|
corner; |
|
South 51°33'10" West, a distance of 179.90 feet to a 1/2 inch |
|
iron rod with plastic cap stamped "J E Smith 3700" found for corner; |
|
South 87°42'24" West, a distance of 225.93 feet to a 1/2 inch |
|
iron rod with plastic cap stamped "J E Smith 3700" found for corner; |
|
South 62°36'29" West, a distance of 502.48 feet to a 1/2 inch |
|
iron rod with plastic cap stamped "J E Smith 3700" found the |
|
southwest corner of said Venable Exhibit "A-1" Nineteenth Tract and |
|
the southeast corner of said Venable Exhibit "A-1" Fifth Tract; |
|
THENCE North 89°55'15" West, continuing along the north line of said |
|
352.393 acre tract and the south lines of said Venable Exhibit "A-1" |
|
Fifth Tract and Seventh Tract, passing at a distance of 4118.63 feet |
|
a Corps. of Engineers concrete monument with brass disk found for |
|
the northeast corner of Tract No. 2512E, conveyed to the United |
|
States of America by deed recorded in County Clerk's File No. |
|
95-R0068092, D.R.D.C.T., and continuing along the south line of |
|
said Venable Exhibit "A-1" Seventh Tract and the north line of said |
|
Tract No. 2512E, for a total distance of 4768.62 feet to a 5/8 inch |
|
iron rod found for the northwest corner of said Tract No. 2512E, |
|
said corner being in the east line of Tract No. 2512, conveyed to |
|
the United States of America by deed recorded in County Clerk's File |
|
No. 95-R0068092, D.R.D.C.T.; |
|
THENCE North 14°20'32" East, along the east line of said Tract No. |
|
2512, a distance of 116.96 feet to a 5/8 inch iron rod found for the |
|
northeast corner of said Tract No. 2512; |
|
THENCE South 89°21'47" West, along the north line of said Tract No. |
|
2512, passing at a distance of 63.04 feet the northwest corner of |
|
said Tract No. 2512 and a northeast corner of Tract No. 2510, |
|
conveyed to the United States of America by deed recorded in County |
|
Clerk's File No. 97-R0083048, D.R.D.C.T., and continuing along a |
|
north line of said Tract No. 2510, for a total distance of 325.98 |
|
feet to a 5/8 inch iron rod found for an ell corner of said Tract No. |
|
2510, said corner being in the west line of said Venable Exhibit |
|
"A-1" Sixth Tract and the east line of a called 2.73 acre tract of |
|
land conveyed to Venable Estate, LTD., by deed recorded in |
|
Instrument No. 2005-43578, O.R.D.C.T.; |
|
THENCE North 00°37'33" West, along the east lines of said Tract No. |
|
2510 and said Venable Exhibit "A-4", 2.73 acre tract and the west |
|
line of said Venable Exhibit "A-1" Sixth Tract, a distance of |
|
2548.77 feet to a Corps. of Engineers concrete monument with brass |
|
disk found for the northeast corners of said Tract No. 2510 and said |
|
Venable Exhibit "A-4", 2.73 acre tract, the Northwest corner of |
|
said Venable Exhibit "A-1" Sixth Tract, the southwest corner of |
|
said Venable Exhibit "A-1" Fourth Tract, and the southeast corner |
|
of a called 331.388 acre tract of land conveyed to Robert G. McGraw |
|
and Helen McGraw, by deed recorded in County Clerk's File No. |
|
97-R0089771, D.R.D.C.T.; |
|
THENCE North 00°44'14" West, along the west line of said Venable |
|
Exhibit "A-1" Fourth Tract and the east line of said 331.388 acre |
|
tract, a distance of 750.63 feet to a Corps. of Engineers concrete |
|
monument with brass disk found for the northwest corner of said |
|
Venable Exhibit "A-1" Fourth Tract and a northeast corner of said |
|
331.388 acre tract, being in the south line of a called 119.83 acre |
|
tract of land conveyed to Helen McGraw, by deed recorded in Volume |
|
4407, Page 1179, R.P.R.D.C.T.; |
|
THENCE South 89°47'07" East, along the north lines of said Venable |
|
Exhibit "A-1" Fourth Tract and Third Tract, and the south line of |
|
said 119.83 acre tract, a distance of 1787.66 feet to a 1/2 inch |
|
iron rod found for a southeast corner of said 119.83 acre tract and |
|
the southwest corner of said Venable Parcel Two, 14.586 acre tract, |
|
said corner being in the approximate centerline of McKinney Bridge |
|
Road; |
|
THENCE with the approximate centerline of McKinney Bridge Road, and |
|
with the northwesterly line of said Venable Parcel Two, 14.586 acre |
|
tract, and the southeasterly line of said 119.83 acre tract, the |
|
following courses and distances: |
|
North 67°10'55" East, a distance of 1377.39 feet to a 1/2 inch |
|
iron rod found for corner; |
|
North 36°16'40" East, a distance of 261.33 feet to a 1/2 inch |
|
iron rod with yellow plastic cap stamped "THROUGH CAP" found for |
|
corner; |
|
North 49°01'29" East, passing at a distance of 270.75 feet a |
|
1/2 inch iron rod found, and continuing for a total distance of |
|
273.58 feet to the most northerly corner of said Venable Parcel Two, |
|
14.586 acre tract, and the most easterly southeast corner of said |
|
119.83 acre tract, said corner being in the west line of the |
|
aforesaid Scenic Acres; |
|
THENCE South 00°22'24" West, along the east line of said Venable |
|
Parcel Two, 14.586 acre tract, and the west line of said Scenic |
|
Acres, a distance of 714.48 feet to the northwest corner of Lot 17 |
|
of said Scenic Acres; |
|
THENCE South 89°37'31" East, along the north line of said Lot 17, a |
|
distance of 206.82 feet to the most northerly northeast corner of |
|
said Lot 17, said corner being in a 60 foot radius cul-de-sac |
|
right-of-way line of Scenic Drive and being at the beginning of a |
|
non-tangent curve to the left; |
|
THENCE, southeasterly along said cul-de-sac right-of-way line and |
|
with said non-tangent curve to the left having a central angle of |
|
165°08'50", a radius of 60.00 feet, a chord bearing of South |
|
82°18'25" East, a chord distance of 118.99 feet, passing at an arc |
|
length of 72.26 feet the most easterly northeast corner of said Lot |
|
17 and the most westerly northwest corner of Lot 16 of said Scenic |
|
Acres, and continuing for a total arc length of 172.94 feet to the |
|
most easterly northwest corner of said Lot 16, being in the south |
|
right-of-way line of Scenic Drive (a 60 foot wide right-of-way); |
|
THENCE North 74°55'19" East, along the south right-of-way line of |
|
said Scenic Drive, a distance of 18.10 feet to the northeast corner |
|
of said Lot 16; |
|
THENCE South 05°05'59" West, along the east line of said Lot 16, a |
|
distance of 422.16 feet to the southeast corner of said Lot 16, said |
|
corner being in the south line of said Scenic Acres and the north |
|
line of said Venable Exhibit "A-1" Third Tract; |
|
THENCE South 89°37'50" East, along the south line of said Scenic |
|
Acres and the north lines of said Venable Exhibit "A-1" Third Tract |
|
and Second Tract, a distance of 667.01 feet to a 1/2 inch iron rod |
|
found for the southeast corner of said Scenic Acres and the |
|
southwest corner of a called 39.04 acre tract of land conveyed to |
|
Pete Kenny, by deed recorded in Instrument No. 2010-28786, |
|
O.R.D.C.T.; |
|
THENCE North 89°55'56" East, along the north lines of said Venable |
|
Exhibit "A-1" Second Tract and Seventeenth Tract, and the south |
|
line of said 39.04 acre tract, a distance of 958.70 feet to a wood |
|
corner post found for the southeast corner of said 39.04 acre tract |
|
and an ell corner of said Venable Exhibit "A-1" Seventeenth Tract; |
|
THENCE North 00°47'57" West, along the east line of said 39.04 acre |
|
tract and the west lines of said Venable Exhibit "A-1" Seventeenth |
|
Tract and Venable Exhibit "A-7" First Tract, a distance of 1748.72 |
|
feet to a 1/2 inch iron rod found for the northeast corner of said |
|
39.04 acre tract and the southeast corner of said Venable Parcel |
|
One, Tract I, 7.000 acre tract; |
|
THENCE South 89°17'34" West, along the south line of said Venable |
|
Parcel One, Tract I, and the north line of said 39.04 acre tract, a |
|
distance of 72.46 feet to a 1/2 inch iron rod found for the |
|
southwest corner of said Venable Parcel One, Tract I, and the |
|
southeast corner of a called 7.000 acre tract of land conveyed to |
|
Ronald G. Johnson and Wife, Hester L. Johnson, by deed recorded in |
|
Volume 1191, Page 694, D.R.D.C.T.; |
|
THENCE North 52°27'48" West, along the southwesterly line of said |
|
Venable Parcel One, Tract I and the northeasterly line of said |
|
Johnson 7.000 acre tract, a distance of 989.37 feet to the northwest |
|
corner of said Venable Parcel One, Tract I, the southwest corner of |
|
said Venable Parcel One, Tract II, 0.228 acre tract, the northeast |
|
corner of said Johnson 7.000 acre tract, and the southeast corner of |
|
a called 0.110 acre tract of land conveyed to Ronald G. Johsnon et |
|
ux, Hester L. Johnson, by deed recorded in Volume 1197, Page 860, |
|
D.R.D.C.T.; |
|
THENCE North 04°02'10" West, along the west line of said Venable |
|
Parcel One, Tract II and the east line of said 0.110 acre tract, a |
|
distance of 104.40 feet to the northwest corner of said Venable |
|
Parcel One, Tract II and the northeast corner of said 0.110 acre |
|
tract, said point being in the approximate centerline of McKinney |
|
Bridge Road; |
|
THENCE with the approximate centerline of said McKinney Bridge |
|
Road, and along the northwesterly line of said Venable Parcel One, |
|
Tract II the following courses and distances: |
|
North 39°51'20" East, a distance of 56.10 feet to a point for |
|
corner; |
|
North 20°28'10" East, a distance of 132.92 feet to the |
|
northeast corner of said Venable Parcel One, Tract II, said corner |
|
being in the west line of a called 103.4117 acre tract of land |
|
conveyed to E E Ranches of Texas, Inc., by deed recorded in Volume |
|
2256, Page 840, R.P.R.D.C.T.; |
|
THENCE South 00°18'17" East, along the east line of said Venable |
|
Parcel One, Tract II and the west line of said 103.4117 acre tract, |
|
a distance of 266.23 feet to the southeast corner of said Venable |
|
Parcel One, Tract II and the most westerly southwest corner of said |
|
103.4117 acre tract, said point being in the north line of said |
|
Venable Parcel One, Tract I; |
|
THENCE North 85°40'16" East, along the north line of said Venable |
|
Parcel One, Tract I and a south line of said 103.4117 acre tract, a |
|
distance of 774.60 feet to a concrete monument found for the |
|
northeast corner of said Venable Parcel One, Tract I and an ell |
|
corner of said 103.4117 acre tract; |
|
THENCE South 00°41'49" East, along the east line of said Venable |
|
Parcel One, Tract I and a west line of said 103.4117 acre tract, a |
|
distance of 427.62 feet to the northwest corner of said Venable |
|
Exhibit "A-7" First Tract and the most southerly southwest corner |
|
of said 103.4117 acre tract; |
|
THENCE North 89°37'44" East, along the north line of said Venable |
|
Exhibit "A-7" First Tract and the south line of said 103.4117 acre |
|
tract, passing at a distance of 25.00 a concrete monument found, and |
|
continuing for a total distance of 1995.90 feet to a concrete |
|
monument found for the northeast corner of said Venable Exhibit |
|
"A-7" First Tract and the southeast corner of said 103.4117 acre |
|
tract, said corner being in the west line of said Venable Exhibit |
|
"A-7" Second Tract; |
|
THENCE North 00°17'05" East, along the west line of said Venable |
|
Exhibit "A-7" Second Tract and the east line of said 103.4117 acre |
|
tract, a distance of 788.98 feet to a wood corner post found for the |
|
northwest corner of said Venable Exhibit "A-7" Second Tract and an |
|
ell corner of said 103.4117 acre tract; |
|
THENCE South 89°29'26" East, along the north line of said Venable |
|
Exhibit "A-7" Second Tract and a south line of said 103.4117 acre |
|
tract, passing at a distance of 99.73 feet a wood corner post found |
|
for the most easterly southeast corner of said 103.4117 acre tract |
|
and the southwest corner of a called 51.9010 acre tract of land |
|
conveyed to Helen K. McGraw, by deed recorded in County Clerk's File |
|
No. 94-R0085683, D.R.D.C.T., and continuing along said north line |
|
and the south line of said 51.9010 acre tract, for a total distance |
|
of 1357.89 feet to a 1/2 inch iron rod found for the northeast |
|
corner of said Venable Exhibit "A-7" Second Tract, the northwest |
|
corner of said Venable Exhibit "A-1" Ninth Tract, the southeast |
|
corner of said 51.9010 acre tract, and the southwest corner of Lot |
|
28 of Yellow Rose Estates Subdivision, an addition to Denton |
|
County, Texas according to the plat recorded in Cabinet L, Page 177, |
|
M.R.D.C.T.; |
|
THENCE South 88°46'23" East, along the north line of said Venable |
|
Exhibit "A-1" Ninth Tract and the south line of said Yellow Rose |
|
Estates Subdivision, a distance of 1323.42 feet to a 1/2 inch iron |
|
rod found for the northeast corner of said Venable Exhibit "A-1" |
|
Ninth Tract and the northwest corner of Lot 10 of St. John's Place, |
|
an addition to Denton County, Texas according to the plat recorded |
|
in Cabinet L, Page 119, M.R.D.C.T.; |
|
THENCE South 00°48'05" West, along the east line of said Venable |
|
Exhibit "A-1" Ninth Tract and the west line of said St. John's |
|
Place, a distance of 1315.38 feet to a 1/2 inch iron rod found for |
|
the southeast corner of said Venable Exhibit "A-1" Ninth Tract, the |
|
northeast corner of said Venable Exhibit "A-1" Tenth Tract, the |
|
northwest corner of said Venable Exhibit "A-1" Twenty-Fifth Tract, |
|
and the southwest corner of Lot 9 of said St. John's Place; |
|
THENCE South 88°50'34" East, along the north line of said Venable |
|
Exhibit "A-1" Twenty-Fifth Tract and the south line of said St. |
|
John's Place, a distance of 978.68 feet to metal corner post found |
|
for the southeast corner of Lot 8 of said St. John's Place, and the |
|
southwest corner of a called 129.223 acre tract of land conveyed to |
|
Texas Motor Speedway, Inc. d/b/a Texas International Raceways, by |
|
deed recorded in County Clerk's File No. 96-R0079309, D.R.D.C.T.; |
|
THENCE South 88°46'04" East, along the north lines of said Venable |
|
Exhibit "A-1" Twenty-Fifth Tract and Twenty-Sixth Tract and the |
|
south line of said 129.223 acre tract, a distance of 1653.96 feet to |
|
a metal corner post found for the northeast corner of said Venable |
|
Exhibit "A-1" Twenty-Sixth Tract and the southeast corner of said |
|
129.223 acre tract, said corner being in the west line of a called |
|
71.114 acre tract of land, File No. F0072.00, conveyed to The Rudman |
|
Partnership, by deed recorded in Volume 2844, Page 42, |
|
R.P.R.D.C.T.; |
|
THENCE South 01°46'53" West, along the east line of said Venable |
|
Exhibit "A-1" Twenty-Sixth Tract and the west line of said 71.114 |
|
acre tract, passing at a distance of 789.91 feet a 1/2 inch iron rod |
|
found for the southwest corner of said 71.114 acre tract and the |
|
northwest corner of a called 61.36 acre tract of land conveyed to |
|
Michelle Lynette Roberts, by deed recorded in Instrument No. |
|
2008-40245, O.R.D.C.T., and continuing along said east line and the |
|
west line of said 61.36 acre tract, for a total distance of 1296.74 |
|
feet to a wood corner post found for the southeast corner of said |
|
Venable Exhibit "A-1" Twenty-Sixth Tract and the most westerly |
|
southwest corner of said 61.36 acre tract, said corner being in the |
|
north line of said Venable Exhibit "A-2" Third Tract; |
|
THENCE along the north line of said Venable Exhibit "A-2" Third |
|
Tract and the south line of said 61.36 acre tract, the following |
|
courses and distances: |
|
North 89°02'25" East, a distance of 1193.53 feet to a wood |
|
corner post found for corner; |
|
South 03°32'32" West, a distance of 565.50 feet to a wood |
|
corner post found for corner; |
|
South 85°40'05" East, passing at a distance of 1460.68 feet a |
|
wood corner post found fort the most northerly northeast corner of |
|
said Venable Exhibit "A-2" Third Tract, the northwest corner of |
|
said Venable Exhibit "A-3", 24 acre tract, the most southerly |
|
southeast corner of said 61.36 acre tract, and the most westerly |
|
southwest corner of a called 18.78 acre tract of land conveyed to |
|
Zandra Bean, by deed recorded in Volume 4229, Page 2901, |
|
R.P.R.D.C.T., and continuing along the south line of said 18.78 |
|
acre tract for a total distance of 1552.99 feet to a wood corner |
|
post found for and ell corner of said 18.78 acre tract; |
|
THENCE South 02°38'27" West, along a west line of said 18.78 acre |
|
tract, a distance of 210.21 feet to a wood corner post found for the |
|
most southerly southwest corner of said 18.78 acre tract; |
|
THENCE South 87°34'17" East, along the south line of said 18.78 acre |
|
tract, a distance of 925.13 feet to a 5/8 inch iron rod found for the |
|
southeast corner of said 18.78 acre tract, said corner being in the |
|
west line of said Venable 10.69 acre tract, and being in the |
|
approximate centerline of Massey Road; |
|
THENCE North 04°51'52" East, with the approximate centerline of said |
|
Massey Road, and along the west line of said Venable 10.69 acre |
|
tract and east line of said 18.78 acre tract, a distance of 228.51 |
|
feet to the northwest corner of said Venable 10.69 acre tract, from |
|
which a 1/2 inch iron rod found bears North 87°55'27" West a distance |
|
of 6.38 feet; |
|
THENCE South 87°55'27" East, along the north line of said Venable |
|
10.69 acre tract, passing at a distance of 24.76 feet a 1/2 inch |
|
iron rod found in the east line of said Massey Road, and continuing |
|
for a total distance of 526.66 feet to the POINT OF BEGINNING and |
|
containing 2521.094 acres or 109,818,863 square feet of land, more |
|
or less. |
|
SAVE AND EXCEPT THE FOLLOWING TRACTS A, B, and C: |
|
TRACT A |
|
Being a tract of land situated in the J. Moses Survey, Abstract No. |
|
894 and the N. McMillan Survey, Abstract No. 841, Denton County, |
|
Texas, and consisting of the following; those tracts of land |
|
conveyed to Patricia Ann Harmon Brockett, a 105 foot by 210 foot |
|
tract, called Tract 1, a called 27.20 acre tract, called Tract 2, |
|
and a called 26.23 acre tract, called Tract 3, by deed recorded in |
|
Instrument No. 2011-9037, O.R.D.C.T.; a called 27.20 acre tract of |
|
land conveyed to Willie Pearlene Harmon Johnson by deed recorded in |
|
Volume 5033, Page 3166, R.P.R.D.C.T.; a called 0.5 acre tract of |
|
land conveyed to J. R. Johnson and wife, Pearlene Johnson by deed |
|
recorded in Volume 400, Page 32, D.R.D.C.T.; a called 1.000 acre |
|
tract of land conveyed to Pearlene Johnson, et ux by deed recorded |
|
in Volume 794, Page 219, D.R.D.C.T.; a called 1.001 acre tract of |
|
land conveyed in deed to J.S. Dubose and/or Lee J. Brookshire, Jr., |
|
Trustees, by deed recorded in Volume 2015, Page 147, R.P.R.D.C.T.; |
|
a called 3.046 acre tract of land conveyed to Tracy Glenn Henderson |
|
and Linda Gail Henderson by deed recorded in Volume 4897, Page 3357, |
|
R.P.R.D.C.T.; a called 1.001 acre tract of land conveyed to Michael |
|
J. Behrend by deed recorded in Volume 3016, Page 596, R.P.R.D.C.T.; |
|
a called 5.061 acre tract of land conveyed to Michael Jon Behrend by |
|
deed recorded in County Clerk's File No. 94-R0003414, D.R.D.C.T.; a |
|
called 1.000 acre tract of land conveyed to Brad Hines and Margaret |
|
Hines by deed recorded in Volume 4991, Page 695, R.P.R.D.C.T.; the |
|
remainder of a called 29.553 acre tract of land conveyed to L.Z. |
|
Harmon, Sr., by deed recorded in Volume 5033, Page 3143, |
|
R.P.R.D.C.T.; a called 2.116 acre tract of land conveyed to Wade |
|
Franklin Lewis and Harry Lou Lewis, husband and wife, by deed |
|
recorded in County Clerk's File No. 94-R008814, D.R.D.C.T.; a |
|
called 1.000 acre tract of land, called Tract 1 and a called 1.00 |
|
acre tract of land, called Tract 2, conveyed to Brad Hines and Wife, |
|
Margaret Hines, by deed recorded in Volume 4401, Page 1042, |
|
R.P.R.D.C.T.; a called 1.000 acre tract of land conveyed to Hugo E. |
|
Richter, Jr. and Wife, Jolene J., by deed recorded in Volume 733, |
|
Page 574, D.R.D.C.T.; a called 1.01 acre tract of land conveyed to |
|
Carol Puckett by deed recorded in Instrument No. 2007-96075, |
|
R.P.R.D.C.T.; a called 0.724 acre tract of land conveyed to Marcus |
|
Wayne Pierce, et ux, by deed recorded in Instrument No. |
|
2004-104661, O.R.D.C.T.; a tract of land conveyed to Kenneth W. |
|
Wilson and Wife, Carolyn Wilson by deed recorded in Volume 4873, |
|
Page 2682, R.P.R.D.C.T.; a called 3.00 acre tract of land conveyed |
|
to George Wayne Pierce and Wife, Sue Pierce by deed recorded in |
|
Volume 719, Page 602, D.R.D.C.T.; a called 1.269 acre tract of land |
|
conveyed to Kenneth W. Wilson and Wife, Carolyn Wilson by deed |
|
recorded in Document No. 2011-95837, O.R.D.C.T.; and a called 0.254 |
|
acre tract of land conveyed to Black Rock Water Supply Corporation |
|
by deed recorded in Volume 1788, Page 989, R.P.R.D.C.T., and being |
|
more particularly described as follows: |
|
BEGINNING at a 1/2 inch iron rod with yellow plastic cap stamped "H & |
|
N 1849" found for the northwest corner of said 27.20 acre Patricia |
|
Ann Harmon Brockett tract, called Tract 2, and the southwest corner |
|
of the above mentioned 27.20 acre tract of land conveyed to Venable |
|
Roaylty, Ltd., by deed recorded in Volume 5076, Page 822, |
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R.P.R.D.C.T. and to Venable Estate, Ltd., by deed recorded in |
|
Instrument No. 2004-101157, O.R.D.C.T., said corner being in the |
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east line of the above mentioned Venable Exhibit "A-1" |
|
Twenty-First Tract; |
|
THENCE North 89°20'09" East, a distance of 1045.44 feet to a 1/2 inch |
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iron rod with yellow plastic cap stamped "H & N 1849" found for the |
|
southeast corner of said Venable 27.20 acre tract, said corner |
|
being in the west line of said 26.23 acre Patricia Ann Harmon |
|
Brockett tract, called Tract 3; |
|
THENCE North 0°38'15" West, along the east line of said Venable |
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27.20 acre tract and the west line of said 26.23 acre tract, a |
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distance of 1112.40 feet to the northeast corner of said Venable |
|
27.20 acre tract and northwest corner of said 26.23 acre tract, said |
|
corner being in the south line of the above mentioned Venable |
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Exhibit "A-8", 54.089 acre tract, being the same as the above |
|
mentioned Venable 54.08 acre tract recorded in Volume 4867, Page |
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3255, R.P.R.D.C.T.; |
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THENCE South 88°18'52" East, along the south line of said Venable |
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Exhibit "A-8", 54.089 acre tract and the north line of said 26.23 |
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acre tract, a distance of 907.17 feet to the southeast corner of |
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said Venable Exhibit "A-8", 54.089 acre tract and the northeast |
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corner of said 26.23 acre tract, said corner being in the west line |
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of the above mentioned Venable Exhibit "A-2" Second Tract; |
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THENCE South 0°33'39" West, along the west line of said Venable |
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Exhibit "A-2" Second Tract and the east line of said 26.23 acre |
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tract, a distance of 1151.30 feet to a wood corner post found for |
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the southwest corner of said Venable Exhibit "A-2" Second Tract and |
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the northwest corner of said Harmon 29.553 acre tract; |
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THENCE South 88°23'05" East, along the south line of said Venable |
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Exhibit "A-2" Second Tract and the north line of said 29.553 acre |
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tract, a distance of 555.23 feet to a 1/2 inch iron rod found for the |
|
most westerly northeast corner of said 29.553 acre tract and the |
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northwest corner of said Pierce 3.00 acre tract; |
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THENCE South 88°18'08" East, continuing along the south line of said |
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Venable Exhibit "A-2" Second Tract and the north line of said Pierce |
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3.00 acre tract, a distance of 626.29 feet to a 1/2 inch iron rod |
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found for the northeast corner of said Pierce 3.00 acre tract and |
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the northwest corner of said Wilson 1.269 acre tract; |
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THENCE South 88°04'56" East, continuing along the south line of said |
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Venable Exhibit "A-2" Second Tract and the north lines of said |
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Wilson 1.269 acre tract and said Black Rock Water Supply |
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Corporation 0.254 acre tract, a distance of 365.79 feet to a wood |
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corner post found for the northeast corner of said Black Rock Water |
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Supply Corporation 0.254 acre tract and the northwest corner of the |
|
above mentioned Venable Exhibit "A-6" 70 acre tract; |
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THENCE South 01°20'17" West, along the west line of said Venable |
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Exhibit "A-6" 70 acre tract and the east lines of said Black Rock |
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Water Supply Corporation 0.254 acre tract, said Harmon 29.553 acre |
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tract, and said Pierce 0.724 acre tract, passing at a distance of |
|
1388.97 feet a 1/2 inch iron rod found in the north line of Richter |
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Road for the southeast corner of said Pierce 0.724 acre tract, and |
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continuing along said west line for a total distance of 1413.97 feet |
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to the southwest corner of said Venable Exhibit "A-6" 70 acre tract, |
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said corner being in the north line of the above mentioned Venable |
|
Exhibit "A-1" Twenty-Fourth Tract; |
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THENCE North 88°16'47" West, along the north line of said Venable |
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Exhibit "A-1" Twenty-Fourth Tract, a distance of 1403.72 feet to |
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the most southerly southeast corner of said Lewis 2.116 acre tract, |
|
from which a 1/2 inch iron rod found in the north line of Richter |
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Road bears North 00°28'03" East a distance of 25.01 feet; |
|
THENCE North 88°01'16" West, continuing along the north line of said |
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Venable Exhibit "A-1" Twenty-Fourth Tract and the south lines of |
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said Lewis 2.116 acre tract, said Johnson 0.5 acre tract, and said |
|
Johnson 27.20 acre tract, a distance of 2024.03 feet to a wood |
|
corner post found for the southwest corner of said Johnson 27.20 |
|
acre tract, the northwest corner of said Venable Exhibit "A-1" |
|
Twenty-Fourth Tract, the northeast corner of the above mentioned |
|
Venable Exhibit "A-1" Eighth Tract, and the southeast corner of |
|
said Venable Exhibit "A-1" Twenty-First Tract; |
|
THENCE North 00°39'41" West, along the east line of said Venable |
|
Exhibit "A-1" Twenty-First Tract and the west lines of said Johnson |
|
27.20 acre tract and said 27.20 acre Patricia Ann Harmon Brockett |
|
tract, a distance of 1401.57 feet to the POINT OF BEGINNING and |
|
containing 135.931 acres or 5,921,167 square feet of land, more or |
|
less. |
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TRACT B |
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Being a tract of land situated in the George Smith Survey, Abstract |
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No. 1219, Denton County, Texas, and being described as a 210 foot by |
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210 foot tract of land conveyed to Faith Assembly Church by deed |
|
recorded in Instrument No. 2004-26872, O.R.D.C.T., and being more |
|
particularly described as follows: |
|
BEGINNING at the northeast corner of said Church tract, from which a |
|
wood corner post found bears South 89°52'15" East a distance of |
|
130.00 feet; |
|
THENCE South 00°07'45" West, along the east line of said Church |
|
tract, passing at a distance of 203.40 feet a wood corner post found |
|
in the north line of Black Jack Road, and continuing along said east |
|
line for a total distance of 210.00 feet to the southeast corner of |
|
said Church tract; |
|
THENCE North 89°52'15" West, along the south line of said Church |
|
tract, a distance of 210.00 feet to the southwest corner of said |
|
Church tract, said corner being in the approximate centerline of |
|
Harmon Road; |
|
THENCE North 00°07'45" East, with the approximate centerline of |
|
Harmon Road and along the west line of said Church tract, a distance |
|
of 210.00 feet to the northwest corner of said Church tract; |
|
THENCE South 89°52'15" East, along the north line of said Church |
|
tract, a distance of 210.00 feet to the POINT OF BEGINNING and |
|
containing 1.012 acres or 44,100 square feet of land, more or less. |
|
TRACT C |
|
Being a tract of land situated in the J. Moses Survey, Abstract No. |
|
894, Denton County, Texas, and being all of a called 2 acre tract of |
|
land, conveyed to Trustees of Wilson Cemetery by deed recorded in |
|
Volume 57, Page 402, D.R.D.C.T., and being more particularly |
|
described as follows: |
|
BEGINNING at a chain link fence corner post found for the northwest |
|
corner of said Cemetery tract and the southwest corner of the above |
|
mentioned Venable Exhibit "A-1" Twenty-Second Tract, said corner |
|
being in the east line of the above mentioned Venable Exhibit "A-1" |
|
Fourteenth Tract; |
|
THENCE North 89°39'39" East, along the north line of said Cemetery |
|
tract and the south line of said Venable Exhibit "A-1" |
|
Twenty-Second Tract; passing at a distance of 288.86 feet a chain |
|
link fence corner post found and continuing for a total distance of |
|
305.55 feet to the northeast corner of said Cemetery tract, the |
|
southwest corner of the above mentioned Venable Exhibit "A-1" |
|
Twenty-First Tract, and the northwest corner of the above mentioned |
|
Exhibit "A-1" Eighth Tract; |
|
THENCE South 00°20'21" East, along the east line of said Cemetery |
|
tract and the west line of said Venable Exhibit "A-1" Eighth Tract, |
|
a distance of 285.28 feet to the southeast corner of said Cemetery |
|
tract and the most easterly northeast corner of said Venable |
|
Exhibit "A-1" Fourteenth Tract; |
|
THENCE South 89°39'39" West, along the south line of said Cemetery |
|
tract and a north line of said Venable Exhibit "A-1" Fourteenth |
|
Tract; a distance of 305.55 feet to the southwest corner of said |
|
Cemetery tract and an ell corner of said Venable Exhibit "A-1" |
|
Fourteenth Tract, from which a chain link fence corner post found |
|
bears North 30°04'24" East a distance of 9.80 feet; |
|
THENCE North 00°20'21" West, along the west line of said Cemetery |
|
tract and the east line of said Venable Exhibit "A-1" Fourteenth |
|
Tract, a distance of 285.28 feet to the POINT OF BEGINNING and |
|
containing 2.001 acres or 87,168 square feet of land, more or less. |
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________________________________________________________________ |
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____________ |
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VENABLE PROPERTY DESCRIPTION |
|
TRACT 2 |
|
Being a tract of land situated in the T. Chambers Survey, Abstract |
|
No. 223, Denton County, Texas, and being all the following tracts of |
|
land conveyed to Venable Royalty, Ltd.; a called 4.37 acre tract of |
|
land by deed recorded in Instrument No. 2003-193459 of the Official |
|
Records of Denton County, Texas, and all of a called 4.35 acre tract |
|
of land by deed recorded in Volume 4952, Page 1406 of the Real |
|
Property Records of Denton County, Texas, and being more |
|
particularly described as follows: |
|
BEGINNING at a wood corner post found for the northwest corner of |
|
said 4.35 acre tract and the southwest corner of a called 2.726 acre |
|
tract of land conveyed to Dennard's Farm Supply Incorporated by |
|
deed recorded in Instrument No. 2009-52074 of the Official Records |
|
of Denton County, Texas, said corner being in the east line of the |
|
Texas and Pacific Railway Company right-of-way (80 foot wide |
|
right-of-way); |
|
THENCE South 87°59'39" East, along the north line of said 4.35 acre |
|
tract and the south line of said 2.726 acre tract, a distance of |
|
307.30 feet to the northeast corner of said 4.35 acre tract and the |
|
southeast corner of said 2.726 acre tract, said corner being in the |
|
west right-of-way line of State Highway 377 (a 120 foot wide |
|
right-of-way), from which a metal corner post found bears North |
|
87°59'39" West a distance of 1.44 feet, said point also being at the |
|
beginning of a non-tangent curve to the right; |
|
THENCE along the west right-of-way line of State Highway 377, the |
|
following courses and distances: |
|
Southwesterly, along said non-tangent curve to the right |
|
having a central angle of 02°03'24", a radius of 5669.58 feet, a |
|
chord bearing of South 03°44'56" West, a chord distance of 203.52 |
|
feet, passing at an arc length of 203.12 feet a wood highway marker |
|
found for the southeast corner of said 4.35 acre tract and being at |
|
the intersection of the west right-of-way line of State Highway 377 |
|
with the northwesterly right-of-way line of Farm to Market 3524 (a |
|
80 foot wide right-of-way), and continuing for a total an arc length |
|
of 203.53 feet to the end of said curve; |
|
South 04°46'38" West, passing at a distance of 570.19 feet the |
|
northeast corner of said 4.37 acre tract, from which a 60d nail |
|
found bears South 85°13'22" East a distance of 1.33 feet, and |
|
continuing for a total distance of 1120.24 feet to the southeast |
|
corner of said 4.37 acre tract, from which a 1/2 inch iron rod found |
|
bears North 88°16'01" West a distance of 1.06 feet; |
|
THENCE North 88°16'01" West, along the south line of said 4.37 acre |
|
tract, a distance of 387.22 feet to the southwest corner of said |
|
4.37 acre tract, said corner being in the east line of said Texas |
|
and Pacific Railway Company right-of-way, from which a 1/2 inch |
|
iron rod found bears North 88°16'01" West a distance of 1.30 feet, |
|
said point also being at the beginning of a non-tangent curve to the |
|
left; |
|
THENCE along the west lines of said 4.35 acre tract and said 4.37 |
|
acre tract and the east line of said Texas and Pacific Railway |
|
Company right-of-way, the following courses and distances: |
|
Northeasterly along said non-tangent curve to the left having |
|
a central angle of 03°06'33", a radius of 5779.58 feet, a chord |
|
bearing of North 09°14'29" East, a chord distance of 313.59 feet, |
|
and an arc length of 313.63 feet to the end of said curve; |
|
North 07°41'12" East, passing at a distance of 91.78 feet the |
|
northwest corner of said 4.37 acre tract in the southeasterly line |
|
of said Farm to Market 3524, and passing at a distance of 204.92 |
|
feet a 1/2 inch iron rod with red plastic cap stamped "ALLIANCE" |
|
found for the most southerly corner of said 4.35 acre tract in the |
|
northwesterly right-of-way line of said Farm to Market 3524, and |
|
continuing for a total distance of 1018.10 feet to the POINT OF |
|
BEGINNING and containing 10.487 acres or 456,819 square feet of |
|
land, more or less. |
|
This document was prepared under 22 TAC §663.21, does not reflect |
|
the results of an on the ground survey, and is not to be used to |
|
convey or establish interests in real property except those rights |
|
and interests implied or established by the creation or |
|
reconfiguration of the boundary of the political subdivision for |
|
which it was prepared. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8469, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8469.109 to read as follows: |
|
Sec. 8469.109. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect September 1, 2013. |