Bill Text: TX HB3914 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the creation or dissolution of certain special districts; providing authority to issue bonds; providing authority to impose an assessment, fee, or tax.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB3914 Detail]
Download: Texas-2013-HB3914-Enrolled.html
H.B. No. 3914 |
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relating to the creation or dissolution of certain special | ||
districts; providing authority to issue bonds; providing authority | ||
to impose an assessment, fee, or tax. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||
Code, is amended by adding Chapter 3918 to read as follows: | ||
CHAPTER 3918. COMANCHE MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3918.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Aubrey. | ||
(3) "County" means Denton County. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Comanche Municipal | ||
Management District No. 1. | ||
Sec. 3918.002. NATURE OF DISTRICT. The Comanche Municipal | ||
Management District No. 1 is a special district created under | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 3918.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
REQUIRED. The initial directors shall hold an election to confirm | ||
the creation of the district and to elect five permanent directors | ||
as provided by Section 49.102, Water Code. | ||
Sec. 3918.004. CITY CONSENT AND DEVELOPMENT AGREEMENT | ||
EXECUTION REQUIRED. (a) The initial directors may not hold an | ||
election under Section 3918.003 until the city has: | ||
(1) consented by ordinance or resolution to the | ||
creation of the district and to the inclusion of land in the | ||
district; and | ||
(2) entered into a development agreement with the | ||
owners of the real property in the district under Section 212.172, | ||
Local Government Code. | ||
(b) The district is dissolved and this chapter expires | ||
September 1, 2017, if: | ||
(1) the city has not consented to the creation of the | ||
district and to the inclusion of land in the district under | ||
Subsection (a)(1) before that date; or | ||
(2) the development agreement described by Subsection | ||
(a)(2) is not entered into before that date. | ||
Sec. 3918.005. PURPOSE; DECLARATION OF INTENT. (a) The | ||
creation of the district is essential to accomplish the purposes of | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution, and other public purposes stated in this | ||
chapter. By creating the district, and in authorizing the city and | ||
other political subdivisions to contract with the district, the | ||
legislature has established a program to accomplish the public | ||
purposes set out in Section 52-a, Article III, Texas Constitution. | ||
(b) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, housing, tourism, recreation, the arts, | ||
entertainment, economic development, safety, and the public | ||
welfare in the district. | ||
(c) This chapter and the creation of the district may not be | ||
interpreted to relieve the city or county from providing the level | ||
of services provided as of the effective date of the Act enacting | ||
this chapter to the area in the district. The district is created | ||
to supplement and not to supplant city and county services provided | ||
in the district. | ||
Sec. 3918.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the improvements and services to be provided by | ||
the district under powers conferred by Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||
other powers granted under this chapter. | ||
(c) The district is created to accomplish the purposes of a | ||
municipal management district as provided by general law and | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution. | ||
(d) The creation of the district is in the public interest | ||
and is essential to further the public purposes of: | ||
(1) developing and diversifying the economy of the | ||
state; | ||
(2) eliminating unemployment and underemployment; and | ||
(3) developing or expanding transportation and | ||
commerce. | ||
(e) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a community and business center; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas, which are necessary for the restoration, | ||
preservation, and enhancement of scenic beauty. | ||
(f) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, parking, and street art objects are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(g) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 3918.007. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes of the district contained | ||
in Section 2 of the Act enacting this chapter form a closure. A | ||
mistake in the field notes or in copying the field notes in the | ||
legislative process does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to borrow money or issue any type of bonds or | ||
other obligations described by Section 3918.203 for a purpose for | ||
which the district is created or to pay the principal of and | ||
interest on the bonds or other obligations; | ||
(3) right to impose or collect an assessment or | ||
collect other revenue; | ||
(4) legality or operation; or | ||
(5) right to contract. | ||
Sec. 3918.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
(a) All or any part of the area of the district that is not in the | ||
city's corporate limits is eligible to be included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code; | ||
(3) an enterprise zone created under Chapter 2303, | ||
Government Code; or | ||
(4) an industrial district created under Chapter 42, | ||
Local Government Code. | ||
(b) If the city creates a tax increment reinvestment zone | ||
described by Subsection (a), the city and the board of directors of | ||
the zone, by contract with the district, may grant money deposited | ||
in the tax increment fund to the district to be used by the district | ||
for: | ||
(1) the purposes permitted for money granted to a | ||
corporation under Section 380.002(b), Local Government Code; and | ||
(2) any other district purpose, including the right to | ||
pledge the money as security for any bonds or other obligations | ||
issued by the district under Section 3918.203. | ||
(c) All or any part of the area of the district that is | ||
within the city's corporate limits is eligible to be included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; or | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code. | ||
(d) If the city creates a tax increment reinvestment zone | ||
described by Subsection (c)(1), the city and the board of directors | ||
of the zone, by contract, may allocate money deposited in the tax | ||
increment fund between the city and the district to be used by the | ||
city and the district for: | ||
(1) the purposes permitted for money granted to a | ||
corporation under Section 380.002(b), Local Government Code; | ||
(2) any other district purpose, including the right to | ||
pledge the money as security for any bonds or other obligations | ||
issued by the district under Section 3918.203; and | ||
(3) funding services provided by the city to the area | ||
in the district. | ||
(e) A tax increment reinvestment zone created by the city in | ||
the district is not subject to the limitations provided by Section | ||
311.006, Tax Code. | ||
Sec. 3918.009. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3918.010. CONSTRUCTION OF CHAPTER. This chapter shall | ||
be liberally construed in conformity with the findings and purposes | ||
stated in this chapter. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3918.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 3918.052, directors serve | ||
staggered four-year terms, with two or three directors' terms | ||
expiring June 1 of each odd-numbered year. | ||
Sec. 3918.052. INITIAL DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district according to the most recent certified tax appraisal rolls | ||
for the county may submit a petition to the city requesting that the | ||
city appoint as initial directors the five persons named in the | ||
petition. The city shall appoint as initial directors the five | ||
persons named in the petition. | ||
(b) Initial directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 3918.003; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 3918.003 and the terms of the initial directors have | ||
expired, successor initial directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 3918.003; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
according to the most recent certified tax appraisal rolls for the | ||
county may submit a petition to the city requesting that the city | ||
appoint as successor initial directors the five persons named in | ||
the petition. The city shall appoint as successor initial | ||
directors the five persons named in the petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3918.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3918.102. IMPROVEMENT PROJECTS. The district may | ||
provide, or it may enter into contracts with a governmental or | ||
private entity to provide, the improvement projects described by | ||
Subchapter C-1 or activities in support of or incidental to those | ||
projects. | ||
Sec. 3918.103. WATER DISTRICT POWERS. The district has the | ||
powers provided by the general laws relating to conservation and | ||
reclamation districts created under Section 59, Article XVI, Texas | ||
Constitution, including Chapters 49 and 54, Water Code. | ||
Sec. 3918.104. ROAD DISTRICT POWERS. The district has the | ||
powers provided by the general laws relating to road districts and | ||
road utility districts created under Section 52(b), Article III, | ||
Texas Constitution, including Chapter 441, Transportation Code. | ||
Sec. 3918.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The | ||
district has the powers provided by Chapter 372, Local Government | ||
Code, to a municipality or county. | ||
Sec. 3918.106. CONTRACT POWERS. The district may contract | ||
with a governmental or private entity, on terms determined by the | ||
board, to carry out a power or duty authorized by this chapter or to | ||
accomplish a purpose for which the district is created. | ||
Sec. 3918.107. EMERGENCY SERVICES. (a) This section | ||
applies only to territory in the district: | ||
(1) that is in the extraterritorial jurisdiction of | ||
the city; | ||
(2) for which a plat has been filed; and | ||
(3) that includes 100 or more residents. | ||
(b) To protect the public interest, the district shall | ||
provide or contract with a qualified party to provide emergency | ||
services, including law enforcement, fire, and ambulance services, | ||
in the territory described by Subsection (a). | ||
Sec. 3918.108. NO TOLL ROADS. The district may not | ||
construct, acquire, maintain, or operate a toll road. | ||
Sec. 3918.109. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES | ||
Sec. 3918.151. IMPROVEMENT PROJECTS AND SERVICES. The | ||
district may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service using any money available to the district, or contract with | ||
a governmental or private entity to provide, design, construct, | ||
acquire, improve, relocate, operate, maintain, or finance an | ||
improvement project or service authorized under this chapter or | ||
Chapter 375, Local Government Code. | ||
Sec. 3918.152. BOARD DETERMINATION REQUIRED. The district | ||
may not undertake an improvement project unless the board | ||
determines the project: | ||
(1) is necessary to accomplish a public purpose of the | ||
district; and | ||
(2) complies with the development agreement entered | ||
into under Section 3918.004(a)(2) or the parties to that | ||
development agreement agree to the project, in writing. | ||
Sec. 3918.153. LOCATION OF IMPROVEMENT PROJECT. An | ||
improvement project may be inside or outside the district. | ||
Sec. 3918.154. CITY REQUIREMENTS. (a) An improvement | ||
project in the corporate limits of the city must comply with any | ||
applicable requirements of the city, including codes and | ||
ordinances, that are consistent with the development agreement | ||
entered into under Section 3918.004(a)(2). | ||
(b) The district may not provide, conduct, or authorize any | ||
improvement project on the city's streets, highways, | ||
rights-of-way, or easements without the consent of the governing | ||
body of the city. | ||
Sec. 3918.155. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE | ||
AREA. The district may undertake an improvement project or service | ||
that confers a special benefit on a definable area in the district | ||
and levy and collect a special assessment on benefited property in | ||
the district in accordance with: | ||
(1) Chapter 372, Local Government Code; or | ||
(2) Chapter 375, Local Government Code. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3918.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
board by resolution shall establish the number of directors' | ||
signatures and the procedure required for a disbursement or | ||
transfer of the district's money. | ||
Sec. 3918.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may undertake and provide an improvement project or | ||
service authorized by this chapter using any money available to the | ||
district. | ||
Sec. 3918.203. BORROWING MONEY; OBLIGATIONS. (a) The | ||
district may borrow money for a district purpose without holding an | ||
election by issuing bonds, notes, time warrants, or other | ||
obligations, or by entering into a contract or other agreement | ||
payable wholly or partly from an assessment, a contract payment, a | ||
grant, revenue from a zone created under Chapter 311 or 312, Tax | ||
Code, other district revenue, or a combination of these sources. | ||
(b) An obligation described by Subsection (a): | ||
(1) may bear interest at a rate determined by the | ||
board; and | ||
(2) may include a term or condition as determined by | ||
the board. | ||
Sec. 3918.204. ASSESSMENTS. (a) Except as provided by | ||
Subsection (b), the district may impose an assessment on property | ||
in the district to pay for an obligation described by Section | ||
3918.203 in the manner provided for: | ||
(1) a district under Subchapters A, E, and F, Chapter | ||
375, Local Government Code; or | ||
(2) a municipality or county under Subchapter A, | ||
Chapter 372, Local Government Code. | ||
(b) The district may not impose an assessment on a | ||
municipality, county, or other political subdivision. | ||
Sec. 3918.205. NOTICE OF ASSESSMENTS. (a) The board shall | ||
annually file written notice with the secretary of the city that | ||
specifies the assessments the district will impose in the | ||
district's next fiscal year in sufficient clarity to describe the | ||
assessments for the operation and maintenance of the district and | ||
the assessments for the payment of debt service of obligations | ||
issued or incurred by the district. | ||
(b) The board shall annually record in the deed records of | ||
the county a current assessment roll approved by the governing body | ||
of the city. | ||
(c) The assessment roll must clearly state that the | ||
assessments in the assessment roll are in addition to the ad valorem | ||
taxes imposed by other taxing units that tax real property in the | ||
district. | ||
(d) The district shall generate and implement a program to | ||
provide notification to a prospective purchaser of property in the | ||
district of the assessments that have been approved and are imposed | ||
by the district. | ||
Sec. 3918.206. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
375.161, Local Government Code, does not apply to the district. | ||
Sec. 3918.207. NO IMPACT FEES. The district may not impose | ||
an impact fee. | ||
Sec. 3918.208. NO AD VALOREM TAX. The district may not | ||
impose an ad valorem tax. | ||
SUBCHAPTER E. DISSOLUTION | ||
Sec. 3918.251. DISSOLUTION BY CITY. (a) The city may | ||
dissolve the district by ordinance after the city annexes the | ||
district. | ||
(b) Notwithstanding Subsection (a), the city may not | ||
dissolve the district until: | ||
(1) the district's outstanding debt or contractual | ||
obligations have been repaid or discharged; or | ||
(2) the city agrees to succeed to the rights and | ||
obligations of the district. | ||
Sec. 3918.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. | ||
(a) If the dissolved district has bonds or other obligations | ||
outstanding secured by and payable from assessments or other | ||
revenue, the city succeeds to the rights and obligations of the | ||
district regarding enforcement and collection of the assessments or | ||
other revenue. | ||
(b) The city shall have and exercise all district powers to | ||
enforce and collect the assessments or other revenue to pay: | ||
(1) the bonds or other obligations when due and | ||
payable according to their terms; or | ||
(2) special revenue or assessment bonds or other | ||
obligations issued by the city to refund the outstanding bonds or | ||
obligations of the district. | ||
Sec. 3918.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a) | ||
After the city dissolves the district, the city assumes the | ||
obligations of the district, including any bonds or other debt | ||
payable from assessments or other district revenue. | ||
(b) If the city dissolves the district, the board shall | ||
transfer ownership of all district property to the city. | ||
SECTION 2. The Comanche Municipal Management District No. 1 | ||
initially includes all the territory contained in the following | ||
area: | ||
TRACT 1 | ||
248.67 ACRE | ||
BEING a tract of land situated in the William Lumpkin Survey | ||
Abstract No. 730, Denton County, Texas, and also being all of a | ||
173.545 acre tract as recorded in Volume 5347, Page 4702 of the Deed | ||
Records of Denton County, Texas, also being all of a 75.125 acre | ||
tract as recorded in Volume 4895, Page 1900 D.R.D.C.T. and being | ||
more particularly described by metes and bounds as follows: | ||
BEGINNING at a capped 1/2 inch iron rod found for corner | ||
(controlling monument) at the northeast corner of said 173.545-acre | ||
tract; | ||
THENCE South 1 degree 53 minutes 56 seconds West a distance of | ||
2221.22 feet to a 1/2 inch iron rod set for comer in Bryan Road | ||
(gravel surface); | ||
THENCE North 88 degrees 04 minutes 11 seconds West following Bryan | ||
Road a distance of 1267.37 feet to a 1/2 inch iron rod found for | ||
corner in the east line of a 75.125-acre tract; | ||
THENCE South 02 degrees 13 minutes 34 seconds West a distance of | ||
900.51 feet to a 1/2 inch iron rod found for comer at the northeast | ||
comer of a 52.63 acre tract as recorded in Volume 2261, Page 53, | ||
D.R.D.C.T.; | ||
THENCE North 89 degrees 19 minutes 31 seconds West following the | ||
north line of said 52.63 acres tract a distance of 3578.05 feet to a | ||
5/8 inch iron rod (bent) found for comer in the east line of a tract | ||
conveyed to the United States of America as recorded in Volume 2585, | ||
Page 305, D.R.D.C.T.; | ||
THENCE North 02 degrees 15 minutes 46 seconds East following the USA | ||
tract a distance of 243.40 feet to concrete monument stamped 1033-4 | ||
for corner; | ||
THENCE North 02 degrees 18 minutes 26 seconds East following the USA | ||
tract a distance of 349.95 feet to concrete monument stamped 1033-5 | ||
for comer; | ||
THENCE North 36 degrees 42 minutes 11 seconds West following the USA | ||
tract a distance of 396.06 feet to concrete monument stamped 1033-6 | ||
for comer on the east bank of a dry creek; | ||
THENCE South 89 degrees 12 minutes 38 seconds East a distance of | ||
201.16 feet to 1/2 inch iron rod found for corner; | ||
THENCE North 00 degrees 47 minutes 22 seconds East a distance of | ||
131.81 feet to a point for comer in a creek; | ||
THENCE up said creek the following calls: | ||
N 09'28'51" E 13.38' | ||
N 07°11'52" E 163.03' | ||
N 72°07'15" E 37.14' | ||
S 63°04'41" E 103.03' | ||
S 88°21'20" E 52.55' | ||
N 04°13'19" E 21.33' | ||
N 11°19'26" W 59.51' | ||
N 18°42'11" E 87.30' | ||
N 17°43'03" W 81.64' | ||
N 74°51'43" E 136.16' | ||
N 31°30'01" E 64.83' | ||
S 88°00'53" E 66.68' | ||
S 35°42'40" E 58.03' | ||
S 82°36'34" E 31.64' | ||
N 17°26'44" E 95.82' | ||
S 42°05'36" E 150.73' | ||
N 83°20'18" E 36.07' | ||
N 05°26'09" E 107.43' | ||
N 31°37'22" W 51.38' | ||
N 20°57'03" E 66.43' | ||
N 28°51'15" W 102.21' | ||
N 71°19'55" E 53.49' | ||
S 53°48'09" E 44.26' | ||
N 85°29'09" E 65.70' | ||
N 40°30'41" E 86.41' | ||
N 78°32'11" E 40.09' | ||
N 24°32'25" E 53.98' | ||
N 77°19'49" E 92.67' | ||
N 58°04'48" E 80.57' | ||
S 32°29'24" E 38.45' | ||
N 48°05'23" E 47.84' | ||
N 25°13'19" E 47.92' | ||
S 89°41'30" E 57.89' | ||
S 78°26'24" E 91.22' | ||
N 67°15'30" E 29.70' | ||
S 23°35'53" E 132.38' | ||
S 87°07'12" E 40.32' | ||
N 00°43'32" W 44.48' | ||
N 56°26'03" E 92.01' | ||
S 51°37'41" E 87.66' | ||
S 01°35'49" w 42.96' | ||
S 59°48'32" E 8.73' | ||
N 60°27'41" E 125.92' | ||
N 44°01'02" E 75.88' | ||
N 01°26'58" E 82.39' | ||
N 73°27'50" E 73.60' | ||
N 54°29'34" E 46.92' | ||
N 81°58'33" E 46.29' | ||
N 49°14'37" E 44.19' | ||
N 53°45'54" W 113.00' | ||
N 18°22'20" W 130.69' | ||
N 29°43'26" E 28.51' | ||
N 50°28'25" W 43.10' | ||
N 17°32'30" W 68.50' | ||
N 88°47'34" E 108.29' | ||
S 55°53'19" E 47.42' | ||
S 45°21'21" E 32.24' | ||
N 52°55'59" E 49.96' | ||
S 35°25'53" E 72.10' | ||
N 24°00'28" E 43.50' | ||
N 49°35'12" W 52.21' | ||
N 07°23'52" E 54.05' | ||
N 01°09'32" E 45.90' | ||
N 84°16'29" E 94.67' | ||
N 86°33'49" E 67.50' | ||
S 74°49'52" E 56.94' | ||
N 51°27'10" E 21.10' | ||
N 21°28'46" W 35.20' | ||
N 67°07'22" E 44.39' | ||
S 30°10'20" E 49.02' | ||
S 85°45'43" E 39.09' | ||
N 18°14'15" E 39.69' | ||
N 69°16'16" E 39.39' | ||
S 49°20'27" E 59.65' | ||
N 55°13'09" E 41.34' | ||
N 40°35'34" W 70.10' | ||
N 33°06'50" E 69.98' | ||
N 66°20'41" E 42.96' | ||
N 01°12'16" E 3.53' | ||
THENCE North 86 degrees 41 minutes 34 seconds East a distance of | ||
401.38 feet to a 1/2 inch iron rod set for comer; | ||
THENCE South 88 degrees 18 minutes 26 seconds East a distance of | ||
2105.22 feet to the POINT OF BEGINNING and containing 10,832,069 | ||
square feet or 248.67 acres of land, more or less. | ||
RELEASE TRACT | ||
100.582 ACRE TRACT | ||
BEING a tract of land situated in the William Lumpkin Survey | ||
Abstract No. 730, Denton County, Texas, and also being part of a | ||
173.545 acre tract as recorded in Volume 5347, Page 4702 of the Deed | ||
Records of Denton County, Texas, also being part of a 75.125 acre | ||
tract as recorded in Volume 4895, Page 1900 D.R.D.C.T. and being | ||
more particularly described by metes and bounds as follows: | ||
BEGINNING at a capped 1/2 inch iron rod found for corner | ||
(controlling monument) at the northeast corner of said 173.545-acre | ||
tract; | ||
THENCE South 1 degree 53 minutes 56 seconds West a distance of | ||
2221.22 feet to a 1/2 inch iron rod set for comer in Bryan Road | ||
(gravel surface); | ||
THENCE North 88 degrees 04 minutes 11 seconds West following Bryan | ||
Road a distance of 1267.37 feet to a 1/2 inch iron rod found for | ||
corner in the east line of a 75.125-acre tract; | ||
THENCE South 02 degrees 13 minutes 34 seconds West a distance of | ||
528.88 feet to a 1/2 inch iron rod found for comer at the northeast | ||
comer of a 52.63 acre tract as recorded in Volume 2261, Page 53, | ||
D.R.D.C.T.; | ||
THENCE North 89 degrees 19 minutes 31 seconds West following the | ||
north line of said 52.63 acres tract a distance of 653.67 feet to a | ||
point; | ||
THENCE North 02 degrees 10 minutes 14 seconds East a distance of | ||
769.82.40 feet to the beginning of a tangent curve to the right; | ||
THENCE Northerly, along said tangent curve to the right which has a | ||
chord that bears North 11 degrees 39 minutes 21 seconds East for | ||
2017.05 feet, a central angle of 18 degrees 58 minutes 13 seconds | ||
and a radius of 6120.00 feet, for an arc distance of 2026.29 feet to | ||
the end of said curve; | ||
THENCE South 88 degrees 18 minutes 26 seconds East a distance of | ||
1578.43 feet to the POINT OF BEGINNING and containing 4,381,338 | ||
square feet or 100.582 acres of land. | ||
TRACT 2 | ||
52.631 ACRE TRACT | ||
All that certain tract or parcel of land situated in the WILLIAM | ||
LUMPKIN SURVEY, ABSTRACT NUMBER 73, County of DENTON, State of | ||
Texas, said tract being all of a called 52.630 acre tract as | ||
described in Deed 2261, Page 53 of the Real Property Records of the | ||
County of DENTON, State of Texas, and being more fully described as | ||
follows: | ||
Beginning for the Northeast corner of the tract described herein at | ||
a found 1/2 inch rebar said rebar being the Northeast corner of said | ||
Layman tract, same being the Southeast corner of a called 75.125 | ||
acre tract as described in deed to Denton County 250 LP, filed 29 | ||
June 2004, and recorded in County Clerk's Number 2004-85167 of said | ||
Real Property Records, and said rebar being on the West line of a | ||
called 166.48 acre tract as described in deed to Jos. A. I. Worsham, | ||
Trustee, filed 24 December 2003, and recorded in County Clerk's | ||
Number 2003-205831 of said deed records, said rebar also being in | ||
Bryan Road; | ||
Thence: South 02 degrees 07 minutes 23 seconds West, with the East | ||
line of said Layman tract, and with the West line of said Worsham | ||
tract, and with said road, a distance of 616.86 feet to a found 1/2 | ||
inch rebar for the Southeast corner of said Layman tract, same being | ||
the Northeast corner of Lot No. 2, a called 139.76 acre tract as | ||
described in partition, dated 18 September 1899, and recorded in | ||
Volume L, Page 587 of the District Court Minutes of DENTON County, | ||
Texas, and further described in Boundary Agreement, filed 22 May | ||
1985, and recorded in Volume 1640, Page 779 of said Real Property | ||
Records; | ||
Thence: North 89 degrees 19 minutes 30 seconds West, with the South | ||
line of said Layman tract, and with the North line of said Lot 2, and | ||
with the line as described in said Boundary Agreement, a distance of | ||
3950.80 feet to a found Corps of Engineers concrete monument with a | ||
brass cap marked 1033-1, 1034-5, dated 1966 for the Southwest | ||
corner of said Layman tract, said monument being the East line of | ||
USA Tract L-1033 (Lake Lewisville); | ||
Thence: North 40 degrees 32 minutes 30 seconds East, with the West | ||
line of said Layman tract, and with the East line of said USA tract, | ||
and with a barbed wire fence, a distance of 299.74 feet to a found | ||
Corps of Engineers concrete monument remains for an angle point in | ||
the West line of said Layman tract; | ||
Thence: North 40 degrees 28 minutes 28 seconds East, with the West | ||
line of said Layman tract, and with the East line of said USA tract, | ||
and with a barbed wire fence, a distance of 299.71 feet to a found | ||
Corps of Engineers concrete monument with a brass cap marked | ||
1033-3, dated 1966 for an angle point in the West line of said | ||
Layman tract, same being an angle point in the East line of said USA | ||
tract; | ||
Thence: North 02 degrees 16 minutes 40 seconds East, with the West | ||
line of said Layman tract, and with the East line of said USA tract, | ||
and with a barbed wire fence, a distance of 156.12 feet to a found I | ||
inch rebar by a pipe fence corner post for the Northwest corner of | ||
said Layman tract, same being the Southwest corner of said Denton | ||
County 250 tract; | ||
Thence: South 89 degrees 19 minutes 46 seconds East, with the North | ||
line of said Layman tract, and with the South line of said Denton | ||
County 250 tract, and with a barbed wire fence, and passing at | ||
3550.64 feet a pipe fence corner post on the West side of said road, | ||
and continuing on said course a total distance of 3578.04 feet to a | ||
POINT OF BEGINNING and CONTAINING 52.613 acres of land. | ||
RELEASE TRACT | ||
9.257 ACRE TRACT | ||
All that certain tract or parcel of land situated in the WILLIAM | ||
LUMPKIN SURVEY, ABSTRACT NUMBER 73, County of DENTON, State of | ||
Texas, said tract being part of a called 52.630 acre tract as | ||
described in Deed 2261, Page 53 of the Real Property Records of the | ||
County of DENTON, State of Texas, and being more fully described as | ||
follows: | ||
Beginning for the Northeast corner of the tract described herein at | ||
a found 1/2 inch rebar said rebar being the Northeast corner of said | ||
Layman tract, same being the Southeast corner of a called 75.125 | ||
acre tract as described in deed to Denton County 250 LP, filed 29 | ||
June 2004, and recorded in County Clerk's Number 2004-85167 of said | ||
Real Property Records, and said rebar being on the West line of a | ||
called 166.48 acre tract as described in deed to Jos. A. I. Worsham, | ||
Trustee, filed 24 December 2003, and recorded in County Clerk's | ||
Number 2003-205831 of said deed records, said rebar also being in | ||
Bryan Road; | ||
Thence: South 02 degrees 07 minutes 23 seconds West, with the East | ||
line of said Layman tract, and with the West line of said Worsham | ||
tract, and with said road, a distance of 616.86 feet to a found 1/2 | ||
inch rebar for the Southeast corner of said Layman tract, same being | ||
the Northeast corner of Lot No.2, a called 139.76 acre tract as | ||
described in partition, dated 18 September 1899, and recorded in | ||
Volume L, Page 587 of the District Court Minutes of DENTON County, | ||
Texas, and further described in Boundary Agreement, filed 22 May | ||
1985, and recorded in Volume 1640, Page 779 of said Real Property | ||
Records; | ||
Thence: North 89 degrees 19 minutes 30 seconds West, with the South | ||
line of said Layman tract, and with the North line of said Lot 2, and | ||
with the line as described in said Boundary Agreement, a distance of | ||
654.18 feet a point; | ||
Thence: North 02 degrees 10 minutes 14 seconds East, a distance of | ||
616.82 feet to a point; | ||
Thence: South 89 degrees 19 minutes 46 seconds East, with the North | ||
line of said Layman tract, and with the South line of said Denton | ||
County 250 tract, and with a barbed wire fence, a distance of 653.67 | ||
feet to a POINT OF BEGINNING and CONTAINING 9.257 acres of land. | ||
SECTION 3. Subtitle C, Title 4, Special District Local Laws | ||
Code, is amended by adding Chapter 3919 to read as follows: | ||
CHAPTER 3919. OLD CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3919.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Celina, Texas. | ||
(3) "County" means Collin County, Texas. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Old Celina Municipal | ||
Management District No. 1. | ||
Sec. 3919.002. CREATION AND NATURE OF DISTRICT. The Old | ||
Celina Municipal Management District No. 1 is a special district | ||
created under Sections 52 and 52-a, Article III, and Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 3919.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The | ||
creation of the district is essential to accomplish the purposes of | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution, and other public purposes stated in this | ||
chapter. By creating the district and in authorizing the city and | ||
other political subdivisions to contract with the district, the | ||
legislature has established a program to accomplish the public | ||
purposes set out in Section 52-a, Article III, Texas Constitution. | ||
(b) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, housing, tourism, recreation, the arts, | ||
entertainment, economic development, safety, and the public | ||
welfare in the district. | ||
(c) This chapter and the creation of the district may not be | ||
interpreted to relieve the city or county from providing the level | ||
of services provided to the area in the district as of the effective | ||
date of the Act enacting this chapter. The district is created to | ||
supplement and not to supplant the city and county services | ||
provided in the district. | ||
Sec. 3919.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the improvements and services to be provided by | ||
the district under powers conferred by Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||
other powers granted under this chapter. | ||
(c) The district is created to accomplish the purposes of a | ||
municipal management district as provided by general law and | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution. | ||
(d) The creation of the district is in the public interest | ||
and is essential to: | ||
(1) further the public purposes of developing and | ||
diversifying the economy of the state; | ||
(2) eliminate unemployment and underemployment; and | ||
(3) develop or expand transportation and commerce. | ||
(e) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a community and business center; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas in the district, which are necessary for | ||
the restoration, preservation, and enhancement of scenic beauty. | ||
(f) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, parking, and street art objects are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(g) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 3919.005. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 4 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 4 of | ||
the Act enacting this chapter form a closure. A mistake in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to contract; | ||
(3) authority to borrow money or issue bonds or other | ||
obligations described by Section 3919.203 or to pay the principal | ||
and interest of the bonds or other obligations; | ||
(4) right to impose or collect an assessment or | ||
collect other revenue; or | ||
(5) legality or operation. | ||
Sec. 3919.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
(a) All or any part of the area of the district is eligible to be | ||
included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code; or | ||
(3) an enterprise zone created under Chapter 2303, | ||
Government Code. | ||
(b) If the city creates a tax increment reinvestment zone | ||
described by Subsection (a), the city and the board of directors of | ||
the zone, by contract with the district, may grant money deposited | ||
in the tax increment fund to the district to be used by the district | ||
for: | ||
(1) the purposes permitted for money granted to a | ||
corporation under Section 380.002(b), Local Government Code; and | ||
(2) any other district purpose, including the right to | ||
pledge the money as security for any bonds or other obligations | ||
issued by the district under Section 3919.203. | ||
(c) If the city creates a tax increment reinvestment zone | ||
described by Subsection (a), the city may determine the percentage | ||
of the property in the zone that may be used for residential | ||
purposes and is not subject to the limitations provided by Section | ||
311.006, Tax Code. | ||
Sec. 3919.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICT LAW. Except as provided by this chapter, Chapter 375, | ||
Local Government Code, applies to the district. | ||
Sec. 3919.008. FORM OF CITY APPROVAL. (a) A statutory | ||
requirement relating to the duty of the district to obtain the | ||
approval or consent of the city in a manner other than the manner | ||
described by Subsection (b) before the district takes an action, | ||
including a requirement prescribed by Section 42.042 or Chapter | ||
375, Local Government Code, or Chapter 54, Water Code, does not | ||
apply to the district. | ||
(b) If a statute, including this chapter, requires the | ||
district to obtain the city's approval or consent before taking an | ||
action, the district may not take that action unless the action is | ||
authorized by a city resolution or ordinance approved by a majority | ||
of the governing body of the city. | ||
Sec. 3919.009. CONSTRUCTION OF CHAPTER. This chapter shall | ||
be liberally construed in conformity with the findings and purposes | ||
stated in this chapter. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3919.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five directors composed of: | ||
(1) three directors appointed by the governing body of | ||
the city; | ||
(2) the city manager; and | ||
(3) the city's chief financial officer. | ||
(b) Appointed directors serve staggered terms of four | ||
years, with one or two directors' terms expiring May 31 of each | ||
even-numbered year. | ||
Sec. 3919.052. QUALIFICATIONS OF DIRECTOR. (a) Sections | ||
375.063 and 375.072(a) and (c), Local Government Code, do not apply | ||
to a director. | ||
(b) Section 49.052, Water Code, does not apply to the | ||
district. | ||
(c) Notwithstanding any other law: | ||
(1) an officer or employee of the city may serve as a | ||
director of the district; | ||
(2) a member of the governing body of the city may | ||
serve as a director of the district; and | ||
(3) a person who qualifies to serve as a director is | ||
qualified to participate in all votes pertaining to the business of | ||
the district. | ||
Sec. 3919.053. VACANCY. The governing body of the city | ||
shall appoint a director to fill a vacancy on the board for the | ||
remainder of the unexpired term. | ||
Sec. 3919.054. DIRECTOR'S OATH OR AFFIRMATION. A director | ||
shall file the director's oath or affirmation of office with the | ||
district, and the district shall retain the oath or affirmation in | ||
the district records. | ||
Sec. 3919.055. OFFICERS. The board shall elect from among | ||
the directors a chair, a vice chair, and a secretary. | ||
Sec. 3919.056. COMPENSATION; EXPENSES. (a) The district | ||
shall compensate as provided by Section 49.060, Water Code, each | ||
director who is not a member of the governing body of the city or an | ||
employee of the city. | ||
(b) A director is entitled to reimbursement for necessary | ||
and reasonable expenses incurred in carrying out the duties and | ||
responsibilities of a director. | ||
Sec. 3919.057. LIABILITY INSURANCE. The district may | ||
obtain and pay for comprehensive general liability insurance | ||
coverage from a commercial insurance company or other source that | ||
protects and insures the directors against personal liability and | ||
from all claims for actions taken as directors or actions and | ||
activities taken by the district or by others acting on its behalf. | ||
Sec. 3919.058. BOARD MEETINGS. The board shall hold | ||
meetings at a place accessible to the public. | ||
Sec. 3919.059. REMOVAL OF DIRECTORS. The governing body of | ||
the city may remove a director appointed under Section | ||
3919.051(a)(1). | ||
Sec. 3919.060. INITIAL DIRECTORS. (a) The initial board | ||
consists of the following directors: | ||
(1) Mike Forman, city manager; | ||
(2) Jay Toutounchian, city chief financial officer; | ||
and | ||
(3) three directors appointed by the governing body of | ||
the city. | ||
(b) Of the initial directors, the term of one director | ||
appointed under Subsection (a)(3) expires May 31, 2016, and the | ||
terms of the other two directors appointed under Subsection (a)(3) | ||
expire May 31, 2014. | ||
(c) The governing body of the city shall determine which | ||
director's term expires May 31, 2016, and which directors' terms | ||
expire May 31, 2014. | ||
(d) This section expires September 1, 2016. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3919.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3919.102. IMPROVEMENT PROJECTS. The district may | ||
provide, or it may enter into contracts with a governmental or | ||
private entity to provide, the improvement projects described by | ||
Subchapter C-1 or activities in support of or incidental to those | ||
projects. | ||
Sec. 3919.103. WATER DISTRICT POWERS. (a) Except as | ||
provided by Subsection (b), the district has the powers provided by | ||
the general laws relating to conservation and reclamation districts | ||
created under Section 59, Article XVI, Texas Constitution, | ||
including Chapters 49 and 54, Water Code. | ||
(b) The district may not provide wholesale or retail water | ||
or wastewater service. | ||
(c) The district shall display a design selected by the city | ||
on a water tower or tank the district constructs or finances. The | ||
district may not display the name or logo of the district or of any | ||
other entity on the water tower or tank. | ||
Sec. 3919.104. ROAD PROJECT POWERS; LIMITATION. The | ||
district has the road project powers provided by Chapter 375, Local | ||
Government Code, except that the district may not impose an ad | ||
valorem tax under Section 375.0921, Local Government Code. | ||
Sec. 3919.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The | ||
district has the powers provided by Chapter 372, Local Government | ||
Code, to a municipality or county. | ||
Sec. 3919.106. CONTRACT POWERS. The district may contract | ||
with a governmental or private entity, on terms determined by the | ||
board, to carry out a power or duty authorized by this chapter or to | ||
accomplish a purpose for which the district is created. | ||
Sec. 3919.107. LIMITATIONS ON EMERGENCY SERVICES POWERS. | ||
Sections 49.216 and 49.351, Water Code, do not apply to the | ||
district. | ||
Sec. 3919.108. ECONOMIC DEVELOPMENT. The district may | ||
engage in activities that accomplish the economic development | ||
purposes of the district. | ||
Sec. 3919.109. ADDING OR REMOVING TERRITORY. As provided | ||
by Subchapter J, Chapter 49, Water Code, the board may add territory | ||
inside the boundaries of the city or the extraterritorial | ||
jurisdiction of the city to the district or remove territory inside | ||
the boundaries of the city or the extraterritorial jurisdiction of | ||
the city from the district, except that: | ||
(1) the addition or removal of the territory must be | ||
approved by the city; | ||
(2) the addition or removal may not occur without | ||
petition by the owners of the territory being added or removed; and | ||
(3) territory may not be removed from the district if | ||
bonds or other obligations of the district payable wholly or partly | ||
from assessments assessed on the territory are outstanding. | ||
Sec. 3919.110. NO TOLL ROADS OR MASS TRANSIT. The district | ||
may not construct, acquire, maintain, or operate a toll road or mass | ||
transit system. | ||
Sec. 3919.111. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES | ||
Sec. 3919.151. IMPROVEMENT PROJECTS AND SERVICES. Except | ||
as otherwise provided by this chapter, the district may provide, | ||
design, construct, acquire, improve, relocate, operate, maintain, | ||
or finance an improvement project or service using any money | ||
available to the district, or contract with a governmental or | ||
private entity to provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service authorized under this chapter or Chapter 372 or 375, Local | ||
Government Code. | ||
Sec. 3919.152. BOARD DETERMINATION REQUIRED. The district | ||
may not undertake an improvement project unless the board | ||
determines the project is necessary to accomplish a public purpose | ||
of the district. | ||
Sec. 3919.153. LOCATION OF IMPROVEMENT PROJECT. An | ||
improvement project may be located or provide service inside or | ||
outside the district. | ||
Sec. 3919.154. CITY REQUIREMENTS. (a) An improvement | ||
project in the city must comply with any applicable requirements of | ||
the city, including codes and ordinances. | ||
(b) The district may not provide, conduct, or authorize any | ||
improvement project on the city's streets, highways, | ||
rights-of-way, or easements without the consent of the city. | ||
Sec. 3919.155. ADDITIONAL CITY POWERS REGARDING | ||
IMPROVEMENT PROJECTS. (a) The city may: | ||
(1) by ordinance or resolution require that title to | ||
all or any portion of an improvement project vest in the city; or | ||
(2) by ordinance or resolution authorize the district | ||
to own, encumber, maintain, and operate an improvement project or | ||
convey the project to the city at a later date. | ||
(b) The district shall immediately comply with any city | ||
ordinance or resolution adopted under this section. | ||
Sec. 3919.156. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE | ||
AREA. The district may undertake an improvement project or service | ||
that confers a special benefit on a definable area in the district | ||
and levy and collect a special assessment on benefited property in | ||
the district in accordance with: | ||
(1) Chapter 372, Local Government Code; or | ||
(2) Chapter 375, Local Government Code. | ||
Sec. 3919.157. CONTRACTS. A contract to design, construct, | ||
acquire, improve, relocate, operate, maintain, or finance an | ||
improvement project is considered a contract for a good or service | ||
under Subchapter I, Chapter 271, Local Government Code. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3919.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
board by resolution shall establish the number of directors' | ||
signatures and the procedure required for a disbursement or | ||
transfer of the district's money. | ||
Sec. 3919.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may undertake and provide an improvement project or | ||
service authorized by this chapter using any money available to the | ||
district. | ||
Sec. 3919.203. BORROWING MONEY; OBLIGATIONS. (a) The | ||
district may borrow money for a district purpose, including the | ||
acquisition or construction of improvement projects authorized by | ||
this chapter and the reimbursement of a person who develops or owns | ||
an improvement project authorized by this chapter, without holding | ||
an election by issuing bonds, notes, time warrants, or other | ||
obligations, or by entering into a contract or other agreement | ||
payable wholly or partly from an assessment, a contract payment, a | ||
grant, other district revenue, or a combination of these sources. | ||
(b) An obligation described by Subsection (a): | ||
(1) may bear interest at a rate determined by the | ||
board; and | ||
(2) may include a term or condition as determined by | ||
the board. | ||
Sec. 3919.204. ASSESSMENTS. (a) Except as provided by | ||
Subsection (b), the district may impose an assessment on property | ||
in the district to pay for an obligation described by Section | ||
3919.203 in the manner provided for: | ||
(1) a district under Subchapter F, Chapter 375, Local | ||
Government Code; or | ||
(2) a municipality or county under Subchapter A, | ||
Chapter 372, Local Government Code. | ||
(b) The district may not impose an assessment on a | ||
municipality, county, or other political subdivision. | ||
Sec. 3919.205. NOTICE OF ASSESSMENTS. (a) The board shall | ||
annually file written notice with the secretary of the city that | ||
specifies the assessments the district will impose in the | ||
district's next fiscal year in sufficient clarity to describe the | ||
assessments for the operation and maintenance of the district and | ||
the assessments for the payment of debt service of obligations | ||
issued or incurred by the district. | ||
(b) The board shall annually record in the deed records of | ||
the county a current assessment roll approved by the city. | ||
(c) The assessment roll must clearly state that the | ||
assessments in the assessment roll are in addition to the ad valorem | ||
taxes imposed by other political subdivisions that tax real | ||
property in the district. | ||
(d) The district shall generate and implement a program to | ||
provide notice modeled on the notice described by Section | ||
49.452(c), Water Code, to a prospective purchaser of property in | ||
the district of the assessments that have been approved and are | ||
imposed by the district. | ||
Sec. 3919.206. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
375.161, Local Government Code, does not apply to the district. | ||
Sec. 3919.207. NO IMPACT FEES. The district may not impose | ||
an impact fee. | ||
Sec. 3919.208. NO AD VALOREM TAX. The district may not | ||
impose an ad valorem tax. | ||
SUBCHAPTER E. DISSOLUTION | ||
Sec. 3919.251. DISSOLUTION BY CITY. (a) The city may | ||
dissolve the district by ordinance. | ||
(b) The city may not dissolve the district until: | ||
(1) the district's outstanding debt or contractual | ||
obligations have been repaid or discharged; or | ||
(2) the city agrees to succeed to the rights and | ||
obligations of the district. | ||
Sec. 3919.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. | ||
(a) If the dissolved district has bonds or other obligations | ||
outstanding secured by and payable from assessments or other | ||
revenue, the city succeeds to the rights and obligations of the | ||
district regarding enforcement and collection of the assessments or | ||
other revenue. | ||
(b) The city shall have and exercise all district powers to | ||
enforce and collect the assessments or other revenue to pay: | ||
(1) the bonds or other obligations when due and | ||
payable according to their terms; or | ||
(2) special revenue or assessment bonds or other | ||
obligations issued by the city to refund the outstanding bonds or | ||
obligations of the district. | ||
Sec. 3919.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a) | ||
After the city dissolves the district, the city assumes the | ||
obligations of the district, including any bonds or other debt | ||
payable from assessments or other district revenue. | ||
(b) If the city dissolves the district, the board shall | ||
transfer ownership of all district property to the city. | ||
SECTION 4. The Old Celina Municipal Management District No. | ||
1 initially includes all the territory contained in the following | ||
area: | ||
TRACT 1 (40.233 ACRES): | ||
All that certain tract or parcel of land situated in the Henry | ||
Bentley Survey, Abstract Number 124 and the B.B.B. & C.R.R. Survey, | ||
Abstract Number 132, County of Collin, State of Texas, said tract | ||
being all of a called 30.45 acre tract as described in deed to | ||
Dorotha Cornelius, filed 24 April 2007, and recorded in county | ||
clerks number 07-000549120 of the deed records of the County of | ||
Collin, State of Texas, and said tract being part of a called 11.13 | ||
acre tract as described in deed to Cornelius Family Revocable | ||
Trust, filed 24 April 2007, and recorded In county clerks number | ||
07-000549090 of said deed records, and being more fully described | ||
as follows; | ||
Beginning for the southwest corner of the tract being described | ||
herein at a found 1/2 inch rebar, said rebar being the southwest | ||
corner of said Cornelius 30 acre tract, some being the southeast | ||
corner of a called 99.028 acre tract as described in deed to Old | ||
Celina, Ltd filed11 June 2002, and recorded in volume 5208 page 3408 | ||
of said deed records, said rebar also being on the north line of a | ||
called 73.558 acre tract as described in deed to Old Celina, Ltd, | ||
filed 11 June 2002, and recorded in volume 5208 page 3382 of said | ||
deed records; | ||
Thence: North 00 degrees 28 minutes 22 seconds West, with the west | ||
line of said Cornelius 30 acre tract, and with the east line of said | ||
Old Celina 99 acre tract, a distance of 867.05 feet to a found 3/8 | ||
Inch rebar for the northwest corner of said Cornelius 30 acre tract, | ||
same being the southwest corner of a called 39.02 acre tract as | ||
described in deed to the City of Celina, filed 10 October 2000, and | ||
recorded in volume 4770 page 2324 of said deed records; | ||
Thence: North 88 degrees 39 minutes 42 seconds East, with the south | ||
line of said City tract, a distance of 1561.03 feet to a set 1/2 inch | ||
steel square tubing for the southeast corner of said City tract, | ||
some being the southwest corner of a called 0.8024 acre tract as | ||
described in deed to the City of Celina; filed 01 September 2004, | ||
and recorded in volume 5744 page 4860 of said deed records; | ||
Thence: North 88 degrees 29 minutes, 00 seconds East, with the south | ||
line of said City tract, a distance of 224.07 feet to a set 1/2 inch | ||
steel square tubing for the northeast corner of this tract, said | ||
tubing being on the west right of way line of Farm to Market Road | ||
Number 428, and said tubing being in a curve to the left having a | ||
central angle of 01 degrees 37 minutes 20 seconds, and a radius of | ||
1190.91 feet and a chord bearing of South 40 degrees 42 minutes 20 | ||
seconds fast, and a chord distance of 33.72 feet; | ||
Thence: With said curve to the left and with the west line of said | ||
road an arc length of 33.72 feet to a set 1/2 inch steel square | ||
tubing for the end of said curve; | ||
Thence: South 41 degrees 31 minutes 00 seconds East, with the west | ||
line of said road a distance of 20.40 feet to a set 1/2 inch steel | ||
square tubing for the start of a curve to the right having a central | ||
angle of 40 degrees 02 minutes 00 seconds, and a radius of 1101.03 | ||
feet, and a chord bearing of South 21 degrees 30 minutes 00 seconds | ||
fast, and a chord distance- of 753.75 feet; | ||
Thence: With said curve to the right and with the west line of said | ||
road an arc length of 769.31 feet to a set 1/2 inch steel square. | ||
Tubing for the end of said curve; | ||
Thence: .South 01 degrees 29 minutes 00 seconds East, with the west | ||
line of said road, a distance of 129.80 feet to a set 1/2 inch steel | ||
square tubing for the southeast corner of this tract, same being the | ||
northeast corner of Exhibit "C" a called 28.15 acre tract as | ||
described in Partition Deed to Sandra Short Osborne, filed 12 March | ||
1986, and recorded In volume 2325 page 801 of said deed records; | ||
Thence: South 88 degrees 54 minutes 08 seconds West, with the north | ||
line of said Osborne tract, a distance of 1332.93 feet to a found 1 | ||
inch pipe by a pipe fence corner post for file northwest corner of | ||
Tract One a called 15.66 acre tract as described in deed to Jerry L. | ||
Moore, filed 24 October 1994; and recorded in county clerks number | ||
94-0095870 of said deed records, same being the northeast corner of | ||
a called 16.141 acre tract as described in deed to Old Celina Ltd., | ||
filed 11 June 2002, and recorded in volume 5208 page 3366 of said | ||
deed records; | ||
Thence: South 89 degrees 05 minutes 50 seconds West, with the north | ||
line of said Old Celina 16 acre tract, a distance of 759.97 feet to | ||
the POINT OF BEGINNING and containing 40.233 acres of land. | ||
TRACT 2 (0.837 ACRES): | ||
All that certain tract or parcel of land situated in the B.B.B. & | ||
C.R.R. Survey, Abstract Number 132, County of Collin, State of | ||
Texas, said tract being part of a called 11.l3 acre tract as | ||
described in deed to Cornelius Family Revocable Trust, filed 24 | ||
April 2007, and recorded in county clerks number 07-000549090 of | ||
the deed records of the County of Collin, State of Texas, and being | ||
more fully described as follows: | ||
Beginning for the southeast corner of the tract being described | ||
herein at a set 1/2 inch steel square tubing on the east line of said | ||
Cornelius tract in a county road said tubing being a southwest | ||
corner of a called 107:207 acre tract as described to deed to Martha | ||
Ann King and Peggy Sue Earthman filed 29 December 1992, and recorded | ||
in county clerks number 92-0091305 of said deed records, said | ||
tubing also being on the east right of way line of Farm to Market | ||
Road Number 428, | ||
Thence: South 88 degrees 31 minutes 00 seconds West, with the east | ||
line of said road a distance of 45.05 feet to a set 1/2 Inch steel | ||
square tubing for the start of a curve to the left having a central | ||
angle of 16 degrees 36 minutes 28 seconds, and a radius of 1191.03 | ||
feet, and a chord bearing of North 32 degrees 12 minutes 35 seconds | ||
attest, and a chord distance of 344.03 feet; | ||
Thence: With-said curve to the left and with the east line of said | ||
road, an arc length 345.23 feet to a set 1/2 inch steel square | ||
tubing for the northwest corner of this tract, said tubing being in | ||
Collin County Road Number 56; | ||
Thence: North 88 degrees 29 minutes 00 seconds East, with the north | ||
line of said Cornelius tract, and with said road a distance of | ||
220.82 feet to a set 1/2 inch steel square tubing for the northeast | ||
corner of said Cornelius tract, and sai tubing being on the west | ||
line of said King tract, said tubing also being at this intersection | ||
of said county roads; | ||
Thence: South 01 degrees 29 minutes 00 seconds East, with the east | ||
line of said Cornelius tract, and with the west line of sold King | ||
tract, _and with the center of said county road, a distance of | ||
295.86 feet to the POINT OF BEGINNING and containing 0.837 of an | ||
acre of land | ||
TRACT 3 (38.545 ACRES): | ||
BEING a tract of land situated in Collin County, Texas and being in | ||
the Henry Bentley Survey, Abstract No. 124 and being A part of that | ||
certain tract of land known as Tract One, conveyed to Clifford Gee | ||
McKnight, as recorded in Volume 2430, Page 665, of the Deed Records | ||
of Collin County. Texas. (D.R.C.C.T.) and being more particularly | ||
described by metes and bounds as follows: | ||
BEGINNING at a 2 1/2 inch iron pipe found for corner, said corner | ||
being in the south, right-of-way line of F.M. Highway No. 455 (a | ||
public thoroughfare) and also being the northeast corner of a tract | ||
of land conveyed to Rex Glendenning, et ux, as recorded in Volume | ||
4408, Page 1763, D.R.C_C.T.: | ||
THENCE North 88 degrees 23 minutes 45 seconds East along said south | ||
right-of-way line, a distance of 885.98 foot to a 3/8-inch iron rod | ||
found for corner, said corner being the northwest corner of a tract | ||
of land conveyed to Hassan Badii, as recorded in Volume 2031, Page | ||
943, D.R.C.C.T.; | ||
THENCE South 00 degrees 48 minutes 00 seconds East along the weal | ||
line of said Badii tract, and along the west line of a tract of land | ||
conveyed to Stephen Harold Mills, as recorded in Volume 4987, Page | ||
3011. D.R.C.C.T. and the west line of a tract of land conveyed to | ||
the City of Celina, as recorded in Volume 4770, Page 2324, | ||
D.R.C.C.T., a distance of 2150.90 feet to a 5/8-inch iron rod found | ||
for an ell comer of said City of Celina tract; | ||
THENCE South 89 degrees 02 minutes 12 seconds West along the most | ||
southerly north line of said City of Celina tract, a distance of | ||
881.92 feet to 1/2-inch iron rod with cap stamped "ALLIANCE" found | ||
for corner, said corner being on the east line of the aforementioned | ||
Glendenning tract; | ||
THENCE North 00 degrees 54 minutes 23 seconds West along the east | ||
line of said Glendenning tract, a distance of 2140.98 foot to the | ||
POINT OF BEGINNING; | ||
CONTAINING a computed area of 1,896,815 square feet or 43.545 acres | ||
of land. | ||
SAVE AND EXCEPT the following 5.00 acres to the City of Celina for | ||
Park Purposes: | ||
BEING all that certain tract or parcel of land situated in the H. | ||
BENTLEY SURVEY, Abstract No. 124 in the City of Celina, Collin | ||
County, Texas and being out of a 44.50 acre tract of land described | ||
in deed to Clifford Gee McKnight, recorded in Volume 2430, Page 665 | ||
of the Deed Records of Collin County, Texas (D.R.C.C.T.), and being | ||
more particularly described as follows: | ||
BEGINNING of a 1/2-inch iron rod found at the southeast corner of | ||
said McKnight tract of land, being an ell corner for a 39.02 acre | ||
tract of land described in deed to the City of Celina, recorded in | ||
Volume 4770. Page 2324, D.R.C.C,T.; | ||
THENCE S 89°03'24" W, along the common line of said McKnight and City | ||
of Celina tracts, a distance of 881.83 feet to a 1/2-inch iron rod | ||
found for a corner on the easterly line of a 99.028 acre tract of | ||
land described in deed to Rex Glendenning, recorded In Volume 4408, | ||
Page 1763, D.R.C.C.T.; | ||
THENCE N 01°05'22" W, along the common line of said McKnight and | ||
Glendenning tracts, a distance of 246.81 feet to a 1/2-inch capped | ||
iron rod (stamped "SRA 3225") set for a corner; | ||
THENCE N 89°03'24" E, departing said common line, a distance of | ||
883.07 feet to a 1/2-inch capped iron rod (stamped “SRA 3225") set | ||
for a corner on the westerly line of the aforesaid City of Celina | ||
tract of land; | ||
THENCE S 00°48'00" E, along the common line of sold McKnight and City | ||
of Celina tracts, a distance of 246.81 feet to the POINT OF | ||
BEGINNING and containing 217,600 square feet or 5.000 acres of | ||
land, more or less. | ||
Leaving an net area of 38.545 acres. | ||
TRACT 4 (99.028 ACRES): | ||
THENCE South 88 degrees 18 minutes 39 seconds West following the | ||
north line of said 73.558 acres a distance of 824.02 feet to 2 inch | ||
iron pipe found for corner at the northeast corner of said 73.558 | ||
acre tract; | ||
THENCE South 88 degrees 30 minutes 52 seconds West a distance of | ||
2900.39 feet to wood fence post in the creek for corner; | ||
THENCE North 00 degrees 59 minutes 11 seconds West a distance of | ||
421.72 feet to 1/2 inch iron rod found for corner at the southwest | ||
corner of a 75.0307 acre tract as recorded in County Clerk No. | ||
94-0092806 of Collin County, Texas; | ||
THENCE North 87 degrees 43 minutes 39 seconds East following the | ||
south line of said 75.0307 acre tract a distance of 2922.26 feet to | ||
a 1 inch iron pipe found for corner at an ell corner of said 75.0307 | ||
acre tract; | ||
THENCE North 00 degrees 48 minutes 41 seconds West following the | ||
east line of said 75.0307 acre tract a distance of 3339.14 feet to a | ||
60d nail found for corner in County Road No. 8; | ||
THENCE North 88 degrees 19 minutes 00 seconds East following said | ||
County Road No. 8 a distance of 75.37 feet to a 60d nail found for | ||
corner in the south ROW line of said FM No. 455, said 60d nail also | ||
being in a curve to the left with a chord bearing of South 80 degrees | ||
57 minutes 03 seconds East and a chord distance of 241.64 feet; | ||
THENCE along said curve to the left following the south ROW line of | ||
said FM No. 455 through a central angle of 21 degrees 27 minutes 53 | ||
seconds a radius distance of 648.80 feet and an arc distance of | ||
243.06 feet to a 1/2 inch iron rod set for corner; | ||
THENCE North 88 degrees 19 minutes 00 seconds East following the | ||
south ROW line of FM No. 455 a distance of 483.09 feet to the POINT | ||
OF BEGINNING and containing 4,313,677 square feet or 99.028 acres | ||
of land, more or less. | ||
TRACT 5 (93.523 ACRES): | ||
SITUATED in Collin County, Texas, in the George Wiley Survey, | ||
Abstract No. 988, and the Samuel McCullough Survey, Abstract No. | ||
593, being a resurvey of the 73.32 acre FIRST TRACT and the SECOND | ||
TRACT as described in a deed from Annie S. Yager to T.S. Yager, et al | ||
dated August 7, 1981, recorded in Volume 1421, Page 15 of the Collin | ||
County, Deed Records, being described by metes and bounds as | ||
follows: | ||
BEGINNING at an iron pipe found in the north R.O.W. line of Farm | ||
Road No. 428, at the northeast corner of the 1.622 acres R.O.W., | ||
Ref. V. 491, P. 47, at the southwest corner of the Rex Glendenning | ||
73.558 acres, Ref. V. 3968, P. 2169; | ||
Thence westerly with said north R.O.W, line (the north line of said | ||
1.622 acres) as follows: | ||
South 89 degrees 05 minutes west, 17.5 feet; | ||
South 88 degrees 43 minutes west, 1552.31 feet with said north | ||
R.O.W. line (the north line of said 1.622 acres) to an iron pin set | ||
at the northwest corner of said 1.622 acres, and at the southeast | ||
corner of the Robert L. King 86.849 acres, Ref. V. 1560, P. 259; | ||
Thence north 0 degrees 43 minutes 22 seconds west, 2594.58 feet with | ||
the west line of said 73.32 acre tract and the east line of said | ||
86.849 acre tract to an iron pin set at the northwest corner of said | ||
73.32 acre tract and the northeast corner of said 86.849 acres, same | ||
being in the south line of the Douglas Parker 99.288 acres; | ||
Thence north 88 degrees 40 minutes east, 1569.81 feet with the north | ||
line of said 73.32 acre tract and the north line of said SECOND | ||
TRACT and with the south line of said 99.288 acres to a 2" iron pipe | ||
found at the northeast corner of-said SECOND TRACT and the | ||
northwest corner of said 73.558 acre tract; | ||
Thence south 0 degrees 43 minutes 23 seconds east, 2596.06 feet with | ||
the east line of said SECOND TRACT and the west line of said 73.558 | ||
acre tract to the PLACE OF BEGINNING and containing 93.523 acres of | ||
land. | ||
TRACT 6 (16.141): | ||
BEING a tract of land situated in the Samuel McCullough Survey, | ||
Abstract No, 593, Collin County, Texas and also being all of a 16 | ||
acre tract as recorded in County Clerks No. 94-0111727, and being | ||
more particularly described by metes and bounds as follows: | ||
BEGINNING at a 1/2 inch iron rod set for corner, said iron rod being | ||
in the north Right of Way line of F. M. 428, said iron rod also being | ||
the most southwest corner of a tract conveyed to Randall L. & wife | ||
Bonnie P. Moore as recorded in Volume 995, Page 219 of the Deed | ||
Records of Collin County, Texas; | ||
THENCE North 89 degrees 04 minutes 23 seconds West following the | ||
north ROW line of said F.M. No. 428 a distance of 30.53 feet to a 1/2 | ||
inch iron rod found; | ||
THENCE North 00 degrees 44 minutes 59 seconds East a distance of | ||
2604.08 feet to a 1/2 inch iron rod found for corner, | ||
THENCE South 89 degrees 26 minutes 08 seconds East a distance of | ||
350.00 feet to a axle found for corner; | ||
THENCE South 00 degrees 43 minutes 06 seconds West a distance of | ||
1947.51 feet to a 1/2 inch iron rod found for corner in the north | ||
line of said Moore tract; | ||
THENCE North 89 degrees 19 minutes 15 seconds West following the | ||
north line of said Moore tract a distance of 319.00 feet to a 1/2 | ||
inch iron rod set for corner; | ||
THENCE South 0 degrees 53 minutes 01 seconds West following the west | ||
line of said Moore tract a distance of 657.40 feet to the POINT OF | ||
BEGINNING and containing 703,115 square feet or 16.141 acres of | ||
land. | ||
TRACT 7 (73.558 ACRES): | ||
BEING a tract of land situated in the Samuel McCullough Survey, | ||
Abstract No. 593, Collin County, Texas and also being part of a | ||
73.32 acre tract as recorded in Volume 348, Page 8 of the Deed | ||
Records of Collin County, Texas, and also being all of a 21 acre | ||
tract as recorded in Volume 577, Page 246 of the Deed Records of | ||
Collin County, Texas, and being more particularly described by | ||
metes and bounds as follows: | ||
BEGINNING at a 1/2 inch iron rod set for corner, said iron rod being | ||
in the North right of way line of F.M 428, said iron rod also being | ||
the most Southwest corner of a 16 acre tract as recorded in County | ||
Clerks No. 94-0111727; | ||
THENCE North 89 deg. 04 min. 23 sec. West following the North ROW | ||
line of said F.M. No. 428 a distance of 1231.00 feet to a 1/2 inch | ||
square iron rod found for corner at the Southeast corner of a tract | ||
conveyed to T.S. Yager and wife, Margret Yager in Volume 1231, Page | ||
724, D.R.C.C.T.; | ||
THENCE North 00 deg. 41 min. 20 sec. East following the East line of | ||
said Yager tract a distance of 2596.00 feet to a 2 inch iron pipe | ||
found for corners | ||
THENCE South 89 deg. 26 min, 56 sec. East a distance of 1233.75 feet | ||
to a 1/2 inch iron rod found for corner at the Northwest corner of | ||
said 16 acre tract, | ||
THENCE South 0 deg. 44 min. 59 sec. West following the West line of | ||
said 16 acres a distance of 2604.08 feet to the POINT OF BEGINNING | ||
and containing 3,204,138 square feet or 73.558 acres of land. | ||
TRACT 8 (72.9923 ACRES): | ||
THENCE, continuing along the South line of said 5.1038 acre tract, | ||
South 01 degrees 04 minutes 28 seconds East, a distance of 31.35 | ||
feet, to a 1/2 inch iron rod with a yellow plastic cap stamped | ||
"Pitts 4595" set for corner; | ||
THENCE, continuing along said South line, North 88 degrees 55 | ||
minutes 32 seconds East a distance of 366.53 feet, to a 1/2 inch | ||
iron rod with a yellow plastic cap stamped "Pitts 4595" set for | ||
corner on the West line of a 99.2888 acre tract of land conveyed to | ||
Douglas Barker, as recorded in Volume 1343, Page 599, Deed Records, | ||
Collin County, Texas; | ||
THENCE, along said West line of a 99.2888 acre tract, South 00 | ||
degrees 46 minutes 58 seconds East a distance of 2,099.44 feet, to a | ||
5/8 inch iron pipe found for the Southeast corner of said 99.301 | ||
acre tract and being an ell corner of said 99.2888 acre tract; | ||
THENCE, along the North line of said 99.2888 acre tract, South 87 | ||
degrees 44 minutes 58 seconds West a distance of 2,922.24 feet, to a | ||
1/2 inch iron rod found for corner; | ||
THENCE, generally along a fence row, North 00 degrees 55 minutes 08 | ||
seconds West a distance of 788.48 feet, to a 1/2 inch iron rod found | ||
in the crotch of three large Hackberry trees at the junction of the | ||
evidence of an old North-South fence and evidence of an old fence | ||
from the East, and being on the South line of a 73.047 acre tract as | ||
conveyed to Douglas Barker, as recorded in Volume 1159, Page 423, | ||
Deed Records, Collin County, Texas; | ||
THENCE, along the South line of said 73.047 acre tract, North 87 | ||
degrees 45 minutes 55 seconds East a distance of 2,144.18 feet, to a | ||
5/8 inch iron rod found for the Southeast corner of said 73.047 acre | ||
tract; | ||
THENCE, along the East line of said 73.047 acre tract, North 01 | ||
degrees 47 minutes 07 seconds West a distance of 437.83 feet, to a | ||
1/2 inch iron rod with a yellow plastic cap stamped "Pitts 4595" set | ||
for corner; | ||
THENCE, continuing along the East line of said 73.047 acre tract, | ||
North 01 degrees 09 minutes 50 seconds West a distance of 366.97 | ||
feet, to a 1/2 inch iron rod with a yellow plastic cap stamped | ||
"Pitts 4595” set for the Southwest corner of a 5.0227 acre tract as | ||
conveyed to Robert Jake Jones and Virginia C. Jones; | ||
THENCE, along the South line of said 5.0227 acre tract, North 88 | ||
degrees 55 minutes 32 seconds East a distance of 365.91 feet, to a | ||
1/2 inch iron rod with a yellow plastic cap stamped "Pitts 4595" set | ||
for the Southeast corner of said 5.0227 acre tract; | ||
THENCE, along the East line of said 5.0227 acre tract, North 01 | ||
degrees 04 minutes 28 seconds West a distance of 438.70 feet, to the | ||
point of curvature of a curve to the left having a central angle of | ||
65 degrees 18 minutes 41 seconds and a radius of 120.00 feet; | ||
THENCE, continuing along said East line and said curve to the left, | ||
for an arc length of 136.79 feet to a 1/2 inch iron rod with a yellow | ||
plastic cap stamped "Pitts 4595" set for corner; | ||
THENCE, along the North line of said 5.0227 acre tract, North 66 | ||
degrees 23 minutes 09 seconds West a distance of 326.99 feet, to the | ||
Northernmost corner of said 5.0227 acre tract; | ||
THENCE, North 01 degrees 09 minutes 50 seconds West a distance of | ||
66.08 feet, to the POINT OF BEGINNING and containing 72.9923 acres | ||
of land, more or less. | ||
TRACT 9 (28.28 ACRES): | ||
Situated in the Samuel McCullough Survey, Abstract No. 593 and the | ||
BBB & CRR Co. Survey, Abstract No. 132 in Collin County, Texas, and | ||
being a called 28.15 Acre tract of land that was conveyed to Mildred | ||
Graham Short in Partition Deed recorded in Volume 2325, Page 801 of | ||
the Land Records of Collin County, Texas, being more particularly | ||
described by metes and bounds to-wit. | ||
BEGINNING at an Iron Pin found being the Southwest corner of said | ||
tract; | ||
THENCE North 1 degree 05 minutes 30 seconds West with the West line | ||
of said tract 1561.28 feet to an Iron Pin set; | ||
THENCE South 69 degrees 51 minutes 27 seconds East with the North | ||
line of said tract 1066.72 feet to an Iron Pin set in the West | ||
right-of-way line of FM Hwy. 428; | ||
THENCE with said right-of-way line as follows: | ||
South 1 degree 29 minutes East 82.92 feet an Iron Pin set; South 0 | ||
degrees 20 minutes West 316.0 feet an Iron Pin set; South 7 degrees | ||
08 minutes West 264.4 feet an Iron Pin set; | ||
South 18 degrees 24 minutes West 94.2 feet to an Iron Pin set, being | ||
the P.C. of a curve to the right having a central angle of 64 degrees | ||
08 minutes 34 seconds radius of 773.5 feet and a chord bearing of | ||
South 57 degrees 30 minutes 40 seconds West; | ||
THENCE with said curve 865.95 feet to an Iron Pin set; | ||
THENCE South 89 degrees 31 minutes West with said right-of-way line | ||
216.6 feet to the place of beginning, containing 28.28 acres. | ||
TRACT 10 (157.54 ACRES): | ||
SITUATED in the BBB & CPR Co. Survey, Abstract No. 132 in Collin | ||
County, Texas, and being a called 158.83 acre tract of land | ||
described in Substitute Trustee's Deed recorded in Volume 2998, | ||
gage 191, of the Land Records of Collin County, Texas, being more | ||
particularly described by metes and bounds to-wit: | ||
BEGINNING at a point at the intersection of the South line of | ||
the BBB & CRR Co. Survey, and the West R.O.W. line of the St. Louis - | ||
San Francisco and Texas Railroad; | ||
THENCE SOUTH 89 degrees 52 minutes West with the South line of | ||
said survey, same being the centerline of County Road 55, 951.4 feet | ||
to an iron pin; | ||
THENCE NORTH 0 degrees 37 minutes West with an old | ||
established fence being the East line of a tract of Land described | ||
in Volume 28491 Page 861, 203.4 feet to a corner post; | ||
THENCE SOUTH 89 degrees 39 minutes West with said fence, same | ||
being the North line of said tract 206.86 feet to a corner post; | ||
THENCE SOUTH 0 degrees 18 minutes East with said fence 202.63 | ||
feet to an iron pin in the centerline of County Road 55; | ||
THENCE SOUTH 89 degrees 52 minutes West with said road 1971.8 | ||
feet to an iron pin found; | ||
THENCE NORTH 0 degrees 03 minutes West with said County Road | ||
1196 feet to an iron pin found; | ||
THENCE SOUTH 89 degrees 58 minutes East 45.25 feet to an iron | ||
pin found; | ||
THENCE in a Northerly direction with the East R.O.W. line of | ||
FM Highway 428 as follows: | ||
NORTH 0 degrees 13 minutes West 183.6 feet a concrete marker; | ||
NORTH 2 degrees 49 minutes East 200.13 feet a concrete | ||
marker; | ||
NORTH 1 degree 23 minutes West 468.59 feet to an iron pin | ||
found; | ||
THENCE SOUTH 89 degrees 47 minutes 24 seconds East with an | ||
established fence 2048.6 feet to an iron pin found; | ||
THENCE SOUTH 1 degrees 02 minutes West with a fence 283.82 feet to | ||
an iron pin found; | ||
THENCE EASTERLY with an old fence as follows: | ||
NORTH 89 degrees 43 minutes East 197.4 feet; | ||
NORTH 138 degrees 35 minutes East 324 feet; | ||
SOUTH 68 degrees 25 minutes East 205 feet; | ||
SOUTH 82 degrees 14 minutes East 146.2 feet to an iron pin | ||
found. | ||
THENCE NORTH 0 degrees 13 minutes East with a fence 962.42 | ||
feet to an iron pin found; | ||
THENCE NORTH 88 degrees 56 minutes East with a fence 533.9 | ||
feet to an iron pin found; | ||
THENCE SOUTH 0 degrees 06 minutes East 135.64 feet to an iron | ||
pin found; | ||
THENCE SOUTH 87 degrees 45 minutes East 176.4 feet to an iron | ||
pin found in the West R.O.W. line of the St. Louis - San Francisco | ||
and Texas Railroad,' | ||
THENCE SOUTH 11 degrees 51 minutes West with said R.O.W line | ||
2547 feet to the place of beginning, | ||
CONTAINING 157.54 acres. | ||
TRACT 11 (0.95 ACRES): | ||
SITUATED in the B.B.B. & C. RR. Co. Survey, Abstract No. 132, | ||
Collin County, Texas, and being more particularly described as | ||
follows: | ||
BEGINNING at an iron rod set for the Southeast corner of the | ||
herein described tract, said iron rod is located West 980 feet from | ||
the intersection of the middle of a county road and the West line of | ||
the S.L.S.F. & T. Railroad Right-of-Way; | ||
THENCE West with the middle of the said county road for a | ||
distance of 208.8 feet to an iron rod set for corner; | ||
THENCE North 00 degrees 04 minutes West for a distance of | ||
198.3 feet to a fence corner found for corner; | ||
THENCE South 89 degrees 58 minutes East for a distance of | ||
108.1 feet to a fence corner found for corner; | ||
THENCE 141 South 00 degrees 17 minutes-East for a distance of | ||
198.2 feet to the PLACE OF BEGINNING, CONTAINING 0.95 acres of land, | ||
more or less. | ||
TRACT 12 (68.112 ACRES): | ||
BEING all that certain tract or parcel of land situated in the | ||
B.B.B. & C.R.R. Survey, Abstract No. 132, County of Collin, State of | ||
Texas; said tract being part of a called 81.85 acre tract as shown | ||
by Deed to E. L. Higgins, dated April 8, 1987, and recorded in | ||
Volume 2599, Page 900 of the Deed Records of the County of Collin, | ||
State of Texas, and being more fully described as follows: | ||
BEGINNING for the Southwest corner of the tract being described | ||
herein at a found 1/2 inch rebar by a fence corner post, said rebar | ||
being the Southwest corner of said Higgins tract, and an ell corner | ||
of a called 157.83 acre tract as shown by Substitute's Deed and | ||
recorded in Volume 2998, Page 196 of said Deed Records; | ||
THENCE North 00 degrees 43 minutes 13 seconds East, with the West | ||
line of said Higgins tract, a distance of 282.98 feet to a found 1/2 | ||
inch rebar for a corner; | ||
THENCE North 00 degrees 17 minutes 49 seconds West, with the West | ||
line of said Higgins tract, a distance of 2303.19 feet to a found | ||
1/2 inch rebar for a corner in Collin County Road Number 56 ( a | ||
gravel surfaced public road); | ||
THENCE South 85 degrees 53 minutes 29 seconds East, a distance of | ||
19.49 feet to a found 1/2 inch rebar for a corner; | ||
THENCE North 00 degrees 01 minutes 05 seconds East, with the West | ||
line of said Higgins tract, and in said road, a distance of 744.59 | ||
feet to a found 1/2 inch rebar for a corner; | ||
THENCE South 87 degrees 53 minutes 54 seconds East, with the North | ||
line of said Higgins tract, and along the North line of Cedar Street | ||
(an asphalt surfaced public street), a distance of 672.70 feet to a | ||
set 1/2 inch steel square tubing for a corner; | ||
THENCE South 00 degrees 01 minutes 29 seconds West, with the West | ||
line of a 10 foot wide concrete alley part of the way, a distance of | ||
824.71 feet to a set 1/2 inch steel square tubing for a corner; | ||
THENCE South 87 degrees 14 minutes 21 seconds East, with-:the South | ||
line of a 10 foot wide concrete alley part of the way, a distance | ||
708.19 feet to a set 1/2 inch steel square tubing for a corner on the | ||
East line of said Higgins tract, and the West line of a called 22.74 | ||
acre tract as shown by Deed to E. L. Higgins dated April 8, 1987; and | ||
recorded in Volume 2599, Page 892 of said Deed Records; | ||
THENCE South 00 degrees 00 minutes 40 seconds East, with the East | ||
line of said Higgins tract, and the West line of said 22.74 acre | ||
tract, a distance of 1562.30 feet to a found 1/2 inch rebar for a | ||
corner; | ||
THENCE South 89 degrees 04 minutes 33 seconds West, with an old | ||
fence and tree line, a distance of 533.74 feet to a found 1/2 inch | ||
rebar for a corner; | ||
THENCE South 00 degrees 06 minutes 14 seconds West, with an old | ||
fence and tree line, a distance of 963.27 feet to a set 1/2 inch | ||
steel square tubing for a corner; | ||
THENCE North 76 degrees 30 minutes 57 seconds West, a distance of | ||
411.39 feet to a set 1/2 inch steel square tubing for a corner; | ||
THENCE South 87 degrees 43 minutes 31 seconds West, a distance of | ||
186.92 feet to a set 1/2 inch steel square tubing for a corner; | ||
THENCE South 89 degrees 58 minutes 09 seconds West, a distance of | ||
268.63 feet to the POINT OF BEGINNING and containing 81.528 acres of | ||
land. | ||
SAVE AND EXCEPT the following tract: | ||
BEING all that certain called 13.416 acre tract of land from Rex | ||
Glendenning, etux to Celina Independant School District, by deed | ||
recorded in Volume 5086, Page 5064, Deed Records, Collin County, | ||
Texas, and being all of Lot 1, Block A, Celina Elementary Addition, | ||
an addition to the City of Celina, Collin County, Texas, according | ||
to the plat thereof recorded in Cabinet P, Page 144, Map Records, | ||
Collin County, Texas. | ||
Leaving a net area of 68.112 acres. | ||
TRACT 13 (22.741 ACRES): | ||
BEING all that certain tract or parcel of land situated in the | ||
B.B.B. & C.R.R. Survey, Abstract Number 132, County of Collin, | ||
State of Texas; said tract being shown by Deed to E. L. Higgins, | ||
dated April 8, 1987, and recorded in Volume 2599, Page 892 of the | ||
Deed Records of the County of Collin, State of Texas, and being more | ||
fully described as follows: | ||
BEGINNING for the Northeast corner of the tract being described | ||
herein at a set 1/2 inch steel square tubing by a fence corner post, | ||
said tubing being the Northeast corner of said Higgins tract, and on | ||
the West right-of-way line of the St. Louis, San Francisco & Texas | ||
Railroad; | ||
THENCE South 11 degrees 58 minutes 12 seconds West, with the East | ||
line of said Higgins tract, and the West line of said Railroad | ||
right-of-way, a distance of 2313.40 feet to a set 1/2 inch steel | ||
square tubing for a corner; | ||
THENCE South 73 degrees 35 minutes 22 seconds West, a distance of | ||
20.00 feet to a set 1/2 inch steel square tubing for a corner; | ||
THENCE South 29 degrees 22 minutes 23 seconds West, a distance of | ||
320.00 feet to a set 1/2 inch steel square tubing for a corner; | ||
THENCE South 88 degrees 37 minutes 53 seconds West, a distance of | ||
62.38 feet to a .fence corner-post for the Southwest corner of said | ||
Higgins tract; | ||
THENCE North 00 degrees 01 minutes 25 seconds East, with the West | ||
line of said Higgins tract, a distance of 135.91 feet to a found 1/2 | ||
inch rebar for .corner; | ||
THENCE North 00 degrees 00 minutes 40 seconds West, with the West | ||
line of said Higgins tract, a distance of 1567.31 feet to a found | ||
1/2 inch rebar for a corner; | ||
THENCE North 00 degrees 02 minutes 00 seconds East, with the West | ||
line of said Higgins tract, a distance of 421.32 feet to a found 1/2 | ||
inch rebar for a corner; | ||
THENCE-North 89 degrees 30 minutes 57 seconds East, a distance of | ||
311.57 feet to a fence corner post for a corner; | ||
THENCE North 00 degrees 03 minutes 04 seconds West, a distance of | ||
416.61 feet to a fence corner post for a corner; | ||
THENCE North 89 degrees 15 minutes 06 seconds East, a distance of | ||
407.15 feet to the POINT OF BEGINNING and containing 22.741 acres of | ||
land. | ||
TRACT 14 (46.743 ACRES): | ||
SITUATED in Collin County, Texas, in the Collin County School Land | ||
Survey, Abstract No. 167, being a resurvey of the 33.62 acre First | ||
Tract and the 6.26 acre Second Tract as described in a deed from | ||
B.F. Gearhart and Alice Gearhart to R. L. Willard dated August 9, | ||
1909, recorded in Volume 206, Page 493 of the Collin County Deed | ||
Records, and, the land owned and claimed by B.F. Willard and Joe | ||
Frank Willard, being described by metes and bounds as follows: | ||
BEGINNING at a 1/2" iron pin set beside a corner post at the | ||
southwest corner of said 6.26 acre tract, at an ell corner of the | ||
Don Thomas Glendenning Family Trust 77.7100 acres, Ref. V. 4444, P. | ||
2963; | ||
Thence North, with the west line of said 6.26 acre tract, an east | ||
line of said 77.7100 acre tract, with.an old fence, passing a 1/2" | ||
iron pin set on the north side of a corner post at 374.49 feet and | ||
continuing in all 419.87 feet to a PK nail set at the northwest | ||
corner of said 6.26 acre tract, the northeast corner of said 77.7100 | ||
acre tract, in the center of the asphalt paved County Road No. 55 | ||
and in the south line of the Rex K. Glendenning 156.54 acres, Ref. | ||
V. 3788, P. 205; | ||
Thence North 89 degrees 42 minutes 17 seconds East, 1554.87 feet | ||
with the north line of said 6.26 acre tract, the north line of said | ||
33.62 acre tract, the south line of said 156.54 acre tract and with | ||
the center of said County Road No. 55 to a PK nail set at the | ||
northeast corner of said 33.62 acre tract, the southeast corner of | ||
said 156.54 acre tract and in the west R.O.W. line of the Burlington | ||
Northern Railroad; | ||
Thence South 11 degrees 43 minutes 44 seconds West, with the east | ||
line of said 33.62 acre tract and with said west R.O.W. line, | ||
passing a 1/2" iron pin set in said line at 61.35 feet and | ||
continuing in all 2810.81 feet to a 1/2” iron pin set in said west | ||
R.O.W. line, on the west side of a cross-tie corner post at the | ||
southeast corner of said 33.62 acre tract and the northeast corner | ||
of the Eugene Stone 4:66 acres, Ref. V. 810, P. 64; | ||
Thence South 89 degrees 38 minutes 16 seconds West, with the south | ||
line of said 33.62 acre tract, the north line of said 4.66 acre | ||
tract and with the evidence of an old fence, passing a 1/2 inch iron | ||
pin set beside an old post at 250.96 feet and continuing in all | ||
359.86 feet to a 1/2" iron pin set at the southwest corner of said | ||
33.62 acre tract, the northwest corner of said 4.66 acre tract, in | ||
the east line of said 77.7100 acre tract and on the west side of | ||
County Dirt Road No. 1117; | ||
Thence North, with the west line of said 33.62 acre tract, the east | ||
line of said 77.7100 acre tract, coming to the center of said Dirt | ||
Road at approximately 200 feet and continuing with the center of | ||
said County Road No. 1117, in all 2331.25 feet to a 1/2" iron pin set | ||
in the center of said Dirt Road at the southeast corner of said 6.26 | ||
acre tract and in the west line of said 33.62 acre tract; | ||
Thence South 89 degrees 33 minutes 55 seconds West with the south | ||
line of said 6.26 acre tract, with a north line of said 77.7100 acre | ||
tract, passing a 1/2" iron pin set beside a corner post at 19.4 feet | ||
and continuing with an old fence in all 623.64 feet to the PLACE OF | ||
BEGINNING and containing 46.743 acres of land. | ||
TRACT 15 (49.985 ACRES): | ||
BEING all that certain tract or parcel of land lying and being | ||
situated in Collin County, Texas; a part of the COLLIN COUNTY SCHOOL | ||
LAND SURVEY, ABSTRACT NO. 167, and being and including all that | ||
certain tract said to contain 50.00 acres as described in a deed | ||
from Charlie Ann Tate Lewis to Shaul C. Baruch, Trustee, recorded in | ||
V | ||
BEING all that certain tract or parcel of land lying and being | ||
situated in Collin County, Texas, a part of the COLLIN COUNTY SCHOOL | ||
LAND SURVEY, ABSTRACT NO. 167, and being and including all that | ||
certain tract said to contain 50.00 acres as described in a deed | ||
from Charlie Ann Tate Lewis to Shaul C. Baruch, Trustee, recorded in | ||
Volume 2751, Page 693 of the Land Records of Collin County, said | ||
tract or parcel of land is herein described as follows: to wit: | ||
BEGINNING at an 1/2 inch iron rod found on the West right-of-way | ||
line of State Highway No. 289 for the Northeast corner of said | ||
called 50.00 acre tract, said corner being on the North line of a | ||
called 118 acre tract described:-in a deed to L. L. Lewis recorded | ||
.in Volume. 206, Page 196 of the Deed Records of Collin County, said | ||
corner also being in the center of a County Road running in'an | ||
Easterly and Westerly direction; | ||
THENCE along the West right-of-way line of said State Highway No. | ||
289, South 01: degrees 10 minutes 04 seconds East 831.09 feet to an | ||
1/2 inch .iron rod found for corner; | ||
THENCE South 88 degrees 53 minutes 04 seconds West 208.08 feet to an | ||
1/2 inch-iron rod found-for corner; | ||
THENCE South 01 degrees 05 minutes 21 seconds East 480.06 feet to an | ||
1/2 inch iron rod found for corner, said corner being the Northeast | ||
corner of a called 66.115 acre tract described in a deed to Charlie | ||
Ann Tate Lewis-as recorded in Volume 3049, Page 833 of the Land | ||
Records of :Collin County; | ||
THENCE South 88 degrees 49 minutes 17 seconds West along the South | ||
line hereof, common with the North line of said called 66.115 acre | ||
tract, a distance of 1667.09 feet to an 1/2 inch iron rod found In | ||
the East right-of-way line of the Burlington Northern and Santa Fe | ||
Railroad; | ||
THENCE along last named line, North 10 degrees 40 minutes 49. | ||
seconds East. 1337.71 feet to an 1 inch iron rod found in the center | ||
of said County Road; | ||
THENCE North 88 degrees 45 minutes 30 seconds East a distance of | ||
1601.17 feet to the PLACE OF BEGINNING and containing 49.985 acres | ||
of land, more or less. | ||
TRACT 16 (3.305 ACRES): | ||
All that certain tract or parcel of land situated in Lot B of | ||
Subdivision number 14 of the Collin County School Land Survey | ||
A-167, County of Collin State of Texas as shown on plat recorded in | ||
Volume 03, Page 118 of the Deed Records of Collin County, Texas, and | ||
said tract being the remaining tract of a called 118 acre tract as | ||
described in deed to L.L. Lewis filed 10 November 1916 and recorded | ||
in Volume 206, Page 196 of said Deed Records and being more fully | ||
described as follows: | ||
Beginning for the northeast corner of the tract being described | ||
herein at a found 1/2 inch rebar with a plastic cap marked Alliance, | ||
said rebar being the northeast remainder corner of said Lewis | ||
tract, same being the most easterly southeast corner of a called | ||
49.985 acre tract as described in deed to Old Celina. Ltd. filed 11 | ||
July 2002 and recorded in Volume 5208, Page 3398 of said Deed | ||
Records and said rebar being on the west line of State Highway | ||
Number 289; | ||
Thence South 01 degrees 27 minutes 19 seconds East, with the west | ||
line of said highway a distance of 30.62 feet to a wood right of way | ||
monument for an angle point in the west line of said highway; | ||
Thence South 01 degrees 56 minutes 18 seconds East, with the west | ||
line of said highway, a distance of 316.17 feet to a found 1/2 inch | ||
rebar with a plastic cap marked Alliance for an angle point in the | ||
west line of said highway; | ||
Thence South 00 degrees 23 minutes 33 seconds East, with the west | ||
line of said highway a distance of 333.51 feet to a found 1/2 inch | ||
rebar with a plastic cap marked Alliance for the southeast | ||
remainder corner of said Lewis tract, same being the most easterly | ||
northeast corner of a called 66.020 acre tract as described in deed | ||
to Old Celina Ltd. filed 31 July 2003, and recorded in Volume 5471, | ||
Page 1109 of said Deed Records; | ||
Thence South 88 degrees 49 minutes 36 seconds West, with the north | ||
line of said Old Celina 66 acre tract, a distance of 209.37 feet to a | ||
found 1/2 inch rebar with a plastic cap marked Alliance for the | ||
southwest remainder corner of said Lewis tract; same being an ell | ||
corner of said Old Celina 66 acre tract; | ||
Thence North 01 degrees 10 minutes 27 seconds West, with the east | ||
line of said Old Celina 66 acre tract and passing the most northerly | ||
northeast corner of said Old Celina 66 acre tract, same being the | ||
most southerly southeast corner of said Old Celina 49.985 acre | ||
tract and continuing on said course with the east line of said Old | ||
Celina 49.985 acre tract a distance of 680.17 feet to a found 1/2 | ||
inch rebar with a plastic cap marked Alliance for the northwest | ||
remainder corner of said Lewis tract, same being an ell corner of | ||
said Old Celina 49.985 acre tract | ||
Thence North 88 degrees 48 minutes 36 seconds East, with the south | ||
line of said Old Celina 49.985 acre tract a distance of 209.56 feet | ||
to the POINT OF BEGINNING and containing 3.305 acres of land, more | ||
or less. | ||
TRACT 17 (66.020 ACRES): | ||
Being a tract of land situated in the Collin County School Land | ||
Survey, Abstract No. 14, Abstract No. 167, Collin County, Texas, | ||
and being the same tract of land as described n the deed to Charlie | ||
Ann Tate Lewis according to the deed recorded in Volume 3049, Page | ||
633 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) and | ||
being more particularly described as follows: | ||
BEGINNING of a 1/2 inch iron rod found at the northwest corner of | ||
said Lewis tract, said iron rod also lying on east right-of-way line | ||
of the S.O. & S.F. Railroad; | ||
THENCE North 88 degrees 49 minutes 19 seconds East, along the common | ||
line of said Lewis tract, and a tract of land conveyed to Rex | ||
Glendenning according to the deed recorded in Volume 4476, Page 280 | ||
D.R.C.C.T., (for a distance of 1.67.42 feet to a 1/2 inch iron rod | ||
found at a common interior Interior corner of same; | ||
THENCE South 01 degrees 10 minutes 41 seconds East to leaving said | ||
common line, for a distance of 197.35 feet to a 5/8 inch iron rod | ||
with cap stamped R.P.L.S. 5430 set for corner; | ||
THENCE North 88 degrees 48 minutes 28 seconds East for a distance of | ||
206.70 feet to a 5/8 inch iron rod with cap stamped R.L.P.S. 5430 | ||
set on the West right-of--way line of State Highway No. 289; | ||
THENCE South 01 degrees 13 minutes 34 seconds East along said West | ||
right-of-way line, for a distance of 1,242.72 feet to a 5/8 iron rod | ||
with cap stampoed R.P.L.S. 5420 set at the Southeast corner of the | ||
aforementioned Lewis tract; | ||
THENCE South 88 degrees 53 minutes 32 seconds West leaving said west | ||
right-of-way line along the south line of said Lewis tract passing | ||
at a distance of 538.88 feet a 1/2 inch iron rod found near the | ||
intersection of a barbed wire fence, and continuing with said fence | ||
passing at a distance of 2,032.87 feet a 3/8 inch iron rod found, | ||
and continuing for a total distance of 2,179.17 to a 5/8 inch iron | ||
rod with cap stamped R.P.L.S. 5430 set at the southwest corner of | ||
said Lewis tract, and also lying on the east right-of-way line of | ||
the aforementioned S.L. & S.F. Railroad; | ||
THENCE North 10 degrees 41 minutes 21 seconds East along said East | ||
right-of-way line, for a distance of 1,468.61 feet to the PLACE OF | ||
BEGINNING, and containing 2,875.811 square feet or 66.020 acres of | ||
land. | ||
TRACT 18 (13.50 ACRES): | ||
BEING a 13.50 acre tract of land situated in the COLLIN COUNTY | ||
SCHOOL LAND SURVEY NO. 14, ABSTRACT NO. 167, Collin County, Texas, | ||
and a portion of a called 38 acre tract of land as conveyed to Dan P. | ||
Stone, by deed recorded in Volume 831, Page 82, of the Deed Records | ||
of Collin County, Texas, and being more particularly described as | ||
follows: | ||
BEGINNING at a 1/2 inch iron rod found for the Northeast corner of | ||
said called 38 acre tract, said point also being the Northwest | ||
corner of a called 16 acre tract of land as conveyed to Candice | ||
Chen, by deed recorded in Volume 5836, Page 545 of the Deed Records | ||
of Collin County, Texas, said iron rod also being in the South line | ||
of a tract of land conveyed to Old Celina, Ltd., by deed recorded in | ||
Volume 5471, Page 1109, of the Deed Records of Collin County, Texas; | ||
THENCE South 00 degrees 58 minutes 32 seconds East, along the common | ||
line of said 38 acre tract, and said Chen tract as recorded in | ||
Volume 5836, Page 545, a distance of 473.70 feet to a point for | ||
corner; | ||
THENCE North 90 degrees 00 minutes 00 seconds West, through the | ||
interior of said called 38 acre tract, a distance of 1244.34 feet to | ||
a point for corner, said point being in the East line of said called | ||
38 acre tract, same being in the West line of a tract of land | ||
conveyed to Ayala Metro Park Properties, Ltd., as recorded in | ||
Volume 5431, Page 6738, of the Deed Records of Collin County, Texas; | ||
THENCE North 00 degrees 19 minutes 12 seconds West, along the common | ||
line of said called 38 acre tract, and said Ayala Metro Park | ||
Properties, a distance of 473.64 feet to a 1/2 inch iron rod found | ||
for corner, said point being the Northwest corner of said called 38 | ||
acre tract, same being the Northeast corner of said Ayala Metro Park | ||
Properties, Ltd. tract, and being in the South line of said Old | ||
Celina, Ltd. tract; | ||
THENCE South 90 degrees 00 minutes 00 seconds East, along the common | ||
line of said 38 acre tract, and said Old Celina, Ltd. tract, a | ||
distance of 1238.92 feet to the POINT OF BEGINNING and containing | ||
588,075 square feet or 13.50 acres of computed land, more or less. | ||
TRACT 19 (5.50 ACRES): | ||
BEING a 5.50 acre tract of land situated in the COLLIN COUNTY SCHOOL | ||
LAND SURVEY NO. 14, ABSTRACT NO. 167, Collin County, Texas, and a | ||
portion of a called 38 acre tract of land as conveyed to Dan P. Stone | ||
by deed recorded in Volume 831, Page 82, of the Deed Records of | ||
Collin County, Texas, and being more particularly described as | ||
follows: | ||
COMMENCING at a 1/2 inch iron rod found for the Northeast corner of | ||
the said called 38 acre tract, said point also being the Northwest | ||
corner of a called 16 acre tract of land as conveyed to Candice | ||
Chen, by deed recorded in Volume 5836, Page 545, of the Deed Records | ||
of Collin County, Texas, said iron rod also being in the South line | ||
of a tract of land conveyed to Old Celina, Ltd., by deed recorded In | ||
Volume 5471, Page 1109, of the Deed Records of Collin County, Texas; | ||
THENCE South 00 degrees 58 minutes 32 seconds East, along the common | ||
line of said called 38 acre tract, and said Chen tract as recorded | ||
in Volume 5836, Page 545, a distance of 473.70 feet to the POINT OF | ||
BEGINNING; | ||
THENCE South 00 degrees 58 minutes 32 seconds East, along the common | ||
line of said called 38 acre tract, and said Chen tract as recorded | ||
in Volume 5836, Page 545, passing a 3/8 inch iron rod found for the | ||
Southwest corner of said Chen tract, same being the Northwest comer | ||
of a tract of land conveyed to Candice Chen, by deed recorded in | ||
Volume 5836, Page 552, of the Deed Records of Collin County, Texas, | ||
and continuing along the common line of said called 38 acre tract | ||
and said Chen tract as recorded in Volume 5836, Page 552, passing a | ||
3/8 Inch Torn rod found for the Southwest corner of said Chen tract | ||
as recorded in Volume 5836, Page 552, same being the Northwest | ||
corner of a tract of land conveyed to Candice Chen, by deed recorded | ||
In Volume 5836, Page 560, of the Deed Records of Collin County, | ||
Texas, and continuing a total distance of 846.30 feet to a 1/2 inch | ||
iron rod found for corner, said point being the Southeast comer of | ||
said Stone tract, same being the Southwest corner of said Chen tract | ||
recorded in Volume 5836, Page 560, said point being in the | ||
centerline of County Road No. 53, said point also being in the North | ||
line of a called 40 acre tract of land described by the deed | ||
recorded in Volume 682, Page 259, of the Deed Records of Collin | ||
County, Texas; | ||
THENCE South 89 degrees 43 minutes 40 seconds West, along the common | ||
line of said called 38 acre tract, and said called 40 acre tract, | ||
and the center line of County Road No. 53, a distance of 287.84 feet | ||
to a point for corner; | ||
THENCE North 00 degrees 19 minutes 12 seconds West, through the | ||
interior of said called 38 acre tract, a distance of 847.56 feet to | ||
a point for corner; | ||
THENCE South 90 degrees 00 minutes 00 seconds East, through the | ||
interior of said called 38 acre tract, a distance of 278.16 feet to | ||
the POINT OF BEGINNING and containing 239,668 square feet or 5.50 | ||
acres of computed land, more or less. | ||
TRACT 20 (9.425 ACRES): | ||
Being a 9.425 acre tract of land situated in the COLLIN COUNTY | ||
SCHOOL LAND SURVEY NO. 14, ABSTRACT NO. 167, Collin County, Texas, | ||
and a portion of a called 38 acre tract of land as conveyed to Dan P. | ||
Stone, by deed recorded in Volume 831, Page 82, of the Deed Records | ||
of Collin County, Texas, and being more particularly described as | ||
follows: | ||
COMMENCING at a 1/2 Inch iron rod found for the northeast corner of | ||
the said called 38 acre tract, said point also being the Northwest | ||
corner of a called 16 acre tract of land as conveyed to Candice | ||
Chen, by deed recorded In Volume 5836, Page 545, of the Deed Records | ||
of Collin County, Texas, said iron rod also being in the south line | ||
of a tract of land conveyed to Old Celina, Ltd., by deed recorded in | ||
Volume 5471, Page 1109, of the Deed Records of Collin County, Texas; | ||
THENCE South 00 degrees 58 minutes 32 seconds East, along the common | ||
line of said Stone tract, and said Chen tract as recorded In Volume | ||
5836, Page 545, a distance of 473.70 feet to a point for corner, | ||
THENCE North 90 degrees 00 minutes 00 seconds West, through the | ||
interior of said called 38 acre tract, a distance of 761.90 feet to | ||
a point for corner, said point being the POINT OF BEGINNING; | ||
THENCE South 00 degrees 19 minutes 12 seconds East, through the | ||
interior of said called 38 acre tract, a distance of 849.86 feet to | ||
a point for corner, said point being In the South line of said | ||
called 38 acre tract, same being In the center line of County Road | ||
No. 53, same being in the North line of a called 40 acre tract of | ||
land described by the deed recorded in Volume 682, Page 259, of the | ||
Deed Records of Collin County, Texas; | ||
THENCE South 89 degrees 43 minutes 40 seconds West, along the common | ||
line of said called 38 acre tract, and said called 40 acre tract, | ||
and the center line of County Road No. 53, a distance of 482.43 feet | ||
to a 1/2 inch iron rod found for corner, said point being the | ||
Southwest corner of said called 38 acre tract; | ||
THENCE North 00 degrees 19 minutes 12 seconds West, along the West | ||
line of said called 38 acre tract, passing the Southeast corner of a | ||
tract of land conveyed to Ayala Metro Park Properties, Ltd., as | ||
recorded in Volume 5431, Page 6738, of the Deed Records of Collin | ||
County, Texas, at a distance of 22.29 feet, and continuing along the | ||
common line of said called 38 acre tract, and said Ayala Metro Park | ||
Properties, Ltd. tract, a total distance of 852.15 feet to a point | ||
for corner; | ||
THENCE North 90 degrees 00 minutes 00 seconds East, through the | ||
interior of said called 38 acre tract, a distance of 482.44 feet to | ||
the POINT OF BEGINNING and containing 410,551 square feet or 9.425 | ||
acres of computed land, more or less. | ||
TRACT 21 (0.784 ACRES): | ||
All that certain tract or parcel of land situated in Lot 8 of | ||
Subdivision 14 of the Collin County School Lands, Abstract Number | ||
167, County of Collin, State of Texas, according to plat of the same | ||
recorded in volume 03 page 118 of the deed records of Collin County, | ||
Texas, said tract being part of the monumented tract on the ground | ||
of a called 8.772 acre tract as described to deed to Ryno Materials, | ||
Inc., filed 21 April 2006, and recorded in county clerks number | ||
06-000536590 of the deed records of the County of Collin, State of | ||
Texas, and being more fully described as follows, | ||
Beginning for the northeast corner of the tract being described | ||
herein at a found 3/8 inch rebar, said rebar being the northeast | ||
corner of said Ryno tract, same being the northwest corner of a | ||
called 7,646 acre tract as described in deed to Ayala Metro Park | ||
Properties,, filed 04 Jury 2003, and recorded in volume 5431 page | ||
6738 of said deed records, said rebar also being on the south line | ||
of a caled 66.02 acre tract as described in deed to Old Celina, Ltd, | ||
filed 31 July 2005, and recorded in volume 5471 page 1109 of said | ||
deed records; | ||
Thence: South 00 degrees 07 minutes 36 seconds West, with the | ||
monumented east line of said Ryno tract, a distance of 201.95 feet | ||
to a set 1/2 inch steel square tubing, for the southeast corner of | ||
this tract; | ||
Thence: North 89 degrees 05 minutes 00 seconds West, a distance of | ||
191.73 feet to a set 1/2 inch steel square tubing for the southwest | ||
corner of this tract, said tubing being on the west line of said | ||
Ryno tract, same being the east line of the Burlington Northern | ||
,Railroad, | ||
Thence: North 12 degrees 48 minutes 09 seconds East, with the east | ||
line of said railroad a distance of 206.40 feet to a set 1/2 inch | ||
steel square tubing for the northwest corner of said Ryno tract, | ||
same being the southwest corner of said Old Celina tract, and said | ||
tubing being South 24 degrees 24 minutes 28 seconds West, a distance | ||
of 5.89 feet from a found 1/2 Inch rebar with a plastic cap marked | ||
Wisdom 3646; | ||
Thence, South 89 degrees 04 minutes 00 seconds East, with the north | ||
line of said Ryno tract, and with the south line of said Old Celina | ||
tract, a distance of 146.45 feet to the POINT OF BEGINNING and | ||
containing 0.784 of an acre of land | ||
TRACT 22 (5.500 ACRES): | ||
All that certain tract or parcel of land situated in Lot 8 of | ||
Subdivision 14 of the Collin County School Lands, Abstract Number | ||
167, County of Collin State of Texas, according to plat of the same | ||
recorded in volume 03 page 118 of the deed records of Collin County, | ||
Texas, sold tract being part of the monumented tract on the ground | ||
of a called 8.772 acre tract as described in deed to Ryno | ||
.Materials, Inc., filed 2l April 2006, and recorder! in county | ||
clerks number 06-000536590 of the deed records of the County of | ||
Collin, State of Texas, and being more fully described as follows: | ||
Beginning for the northeast corner of the tract being described | ||
herein at a set 1/2 inch steel square tubing, said tubing being an | ||
the monumented east line of said Ryno tract, and said tubing being | ||
South 00 degrees 07 minutes 36 seconds West, a distance of 651,67 | ||
feet from a found 3/8 inch rebar, said rebar being the northeast | ||
corner of said Ryno tract, same being the northwest corner of a | ||
called 7.646 acre tract as described in deed to Ayala Metro Park | ||
Properties, filed 04 June 2003, and recorded in volume 5431 page | ||
6738 of said deed records, said rebar also being on the south line | ||
of a caled 66.02 acre tract at described in deed to Old Celina, Ltd, | ||
filed 31 July 2003, and recorded In volume 5471 page 1109 of said | ||
deed records; | ||
Thence: South 00 degrees 07 minutes 36 seconds West, with the | ||
monumented east line of-raid Ryno tract and passing at 648.22 feet a | ||
found 1/2 inch rebar with a plastic cap marked Wisdom 3646 on the | ||
north side of Collin County Road Number 53, and continuing on said | ||
course a total distance of 674.50 feet to a point for the southeast | ||
corner of this tract; | ||
Thence: North 89 degrees 05 minutes 00 seconds West, with the south | ||
line of said Ryno tract, and with said road a distance of 393.80 | ||
feet to a set railroad spike for the most southerly southwest corner | ||
of said Ryno tract; | ||
Thence. North 12 degrees 48 minutes 34 seconds West, with the | ||
monumented west line of sold Ryno tract, and passing at 24.11 feet a | ||
found "X" in a concrete wall on the north side of said road and | ||
continuing on said course, a total distance of 178.85 feet to a | ||
found 1/2 inch rebar with a plastic cap marked Wisdom 3646 for the | ||
monumented ell corner of said Ryno tract; | ||
Thence: North 89 degrees 02 minutes 33 seconds West, with the | ||
monumented south line of said Ryno tract, a distance of 50 06 feet | ||
to a found 1/2 inch rebar with a plastic cap marked Wisdom 3646 for | ||
the monumented most westerly southwest corner of said Ryno tract, | ||
said rebar being the east line of the Burlington Northern Railroad. | ||
Thence: North 12 degrees 48 minutes 09 seconds East, with the east | ||
line of said railroad a distance of 510.33 feet to a set 1/2 inch | ||
steel square tubing for the northwest corner of this tract; | ||
Thence: South 89 degrees 05 minutes 00 seconds East, a distance of | ||
292,60 feet to the POINT OF BEGINNING and containing 5.500 acres of | ||
land | ||
TRACT 23 (2.500 ACRES): | ||
All that certain tract or parcel of land situated in Lot 8 of | ||
Subdivision 14 of the Collin County School Lands, Abstract Number | ||
167, County of Collin State of Texas, according to plat of the same | ||
recorded In volume 03 page 118 of the deed records of Collin County, | ||
Texas, .said tract being part of the monumented tract on the ground | ||
of a called 8.772 acre tract as described in deed to Ryno Materials, | ||
Inc., filed 21 April 2006, and recorded In county clerks number | ||
06-000536590 of the deed records of the County of Collin; State of | ||
Texas, and being more fully described as follows: | ||
Beginning for the northeast corner of the it-act being described | ||
herein at a set 1/2 inch steel square tubing, said tubing being on | ||
the monumented east line of said Ryno tract, and said tubing being | ||
South 00 degrees 07 minutes 36 seconds West, a distance of 201.95 | ||
feet from a found 3/8 inch rebar, said rebar being the northeast | ||
corner of said Ryno tract, same being the northwest corner of a | ||
called 7 646 acre tract as described in deed to Ayala Metro, Park | ||
Properties, filed 04 June 2003, and recorded in volume 5431 page | ||
6738 of said deed records, said re bar also being on the south line | ||
of a caled 66 02 acre tract as described in deed to Old Celina Ltd, | ||
fi1ed 31 July 2005, and recorded in volume 547,1 page 1109 of said | ||
deed recasts; | ||
Thence:. South 00 degrees 07 minutes 36 seconds West, with the | ||
monumented east line of said Ryno tract, a distance of 449.72 feet | ||
to a set 1/2 inch steel square tubing for the southeast corner of | ||
this tract; | ||
Thence: North 89 degrees 05 minutes 00 seconds West, a distance of | ||
292.60 feet to a set 1/2 inch steel square tubing for the southwest | ||
corner of this tract, said tubing being on the west line of said | ||
Ryno tract, same being the east line of the Burlington Northern | ||
Railroad; | ||
Thence: North 12 degrees 48 minutes 69 seconds East, with the east | ||
line of said railroad, a distanee of 439.53 feet to a set 1/2 inch | ||
steel square tubing for the northwest corner of this tract; | ||
Thence: South 89 degrees 05 minutes 00 seconds East, a distance of | ||
191.75 feet to the POINT OF BEGINNING and containing 2.500 acres of | ||
land. | ||
TRACT 24 (50.596 ACRES): | ||
BEING a tract of land situated in the COLLIN COUNTY SCHOOL LAND | ||
SURVEY, ABSTRACT NO. 167, Collin County, Texas, and also being part | ||
of a 125.871 acre tract as recorded in Volume 1775, Page 454 of the | ||
Deed Records of Collin County, Texas, and being more particularly | ||
described by metes and bounds as follows: | ||
BEGINNING at a 1/2 inch iron rod set for corner at the Northeast | ||
corner of 70.0 acre tract as recorded in Volume 2868, Page 203, Deed | ||
Records, Collin County, Texas, said iron rod also being in the West | ||
line of a 72.00 acre tract as recorded in Volume 2532, Page 562, | ||
Deed Records, Collin County, Texas; | ||
THENCE South 89 degrees 56 minutes 19 seconds West following the | ||
North line of said 70 acre tract a distance of 2266.24 feet to a 1/2 | ||
inch iron rod set for corner at the Northwest corner of said 70.00 | ||
acre tract, said iron rod also being in the East right of way line of | ||
State Highway No. 289 a variable-width ROW; | ||
THENCE following the-East ROW line of State Highway No. 289: | ||
North 18 degrees 10 minutes 56 seconds East, 24.17 feet 1/2 | ||
inch iron rod set; | ||
North 19 degrees 19 minutes 00 seconds East, 254.08 feet 1/2 | ||
inch iron rod set; | ||
North 89 degrees 46 minutes 00 seconds East, 103.11 feet-l/2 | ||
inch iron rod set; | ||
North 02 degrees 20 minutes 00 seconds West, 35.64 feet 1/2 | ||
inch iron rod set; | ||
North 04 degrees 18 minutes 00 seconds West, 170.90 feet 1/2 | ||
inch iron rod set; | ||
North 18 degrees 11 minutes 00 seconds East, 122.11 feet 1/2 | ||
inch iron rod set; | ||
North l2 degrees 28 minutes 00 seconds East, 8.23feet 1/2 | ||
inch iron rod set for the southwest corner of Lot 2, Block A, | ||
Cattlemans Crossing, an addition to the City of Celina, Collin | ||
County, Texas, according to the plat thereof recorded in Cabinet R, | ||
Slide 670, Map Records, Collin County, Texas; | ||
THENCE through the interior of said called 125.871 acre tract, and | ||
along the south and east lines of said Lot 2 as follows: | ||
North 88 deg. 04 min. 32 sec. West, a distance of 372.79 feet | ||
to a point for the southeast corner of said Lot 2; | ||
North 18 deg. 11 min. 00 sec. East, a distance of 602.60 feet | ||
to a point for the northeast corner of a right-of-way dedication by | ||
said Cattlemans Crossing plat for County Road No. 98, same being in | ||
the north line of said called 125.871 acre tract, same being in the | ||
South line of a 8.755 acre tract as recorded in Volume 814, Page | ||
808, Deed Records, Collin County, Texas; | ||
THENCE North 88 degrees 04 minutes 32 seconds East following the | ||
South line of said 8.755 acre tract a distance of 151.20 feet to a | ||
1/2 inch iron rod found for corner at the Southeast corner of said | ||
8.755 acre tract, said iron rod also being at the Southwest corner | ||
of a 117.12 acre tract as recorded in Volume 2532, Page 562, Deed | ||
Records, Collin County, Texas; | ||
THENCE North 88 degrees 56 minutes 39 seconds East following the | ||
South line of said 117.12 acre tract a distance of 1312.82 feet to a | ||
5/8 inch iron rod found for corner at the Northwest corner of said | ||
72.00 acre tract; | ||
THENCE South 01 degree 01 minute 35 seconds East following the West | ||
line of said 72.00 acre tract a distance of 1205.28 feet to the | ||
POINT OF BEGINNING and containing 2,203,976 square feet or 50.596 | ||
acres of land, more or less. | ||
TRACT 25 (2.54 ACRES): | ||
BEING a 2.54 acre tract of land situated in the Collin County School | ||
Land Survey, Abstract No. 167, in the City of Celina, COLLIN County, | ||
Texas, and being portion of a tract of a called 125.871 acre tract | ||
of land conveyed to Old Celina, Ltd. by deed recorded in Volume | ||
1775, Page 454, of the Deed Records of Collin County, Texas, and | ||
being all of Lot 1, Block A, Cattlemans Crossing, an addition to the | ||
City of Celina, Collin County, Texas, according to the plat thereof | ||
recorded in Cabinet R, Slide 670, Map Records, Collin County, | ||
Texas, and being more particularly described as follows: | ||
BEGINNING at a 5/8 inch iron rod found for the Southwest corner of a | ||
called 8.755 acre tract of land recorded in Volume 814, Page 808, of | ||
the Deed Records of COLLIN County, Texas, same being in the East | ||
right-of-way line of State Highway No. 289 (a variable width | ||
right-of-way), same being the northwest corner of said Lot 1; | ||
THENCE North 88 degrees 04 minutes 32 seconds East, along the South | ||
line of said called 8.755 acre tract, and along the north line of | ||
said Lot 1, a distance of 340.00 feet to a 1/2 inch iron rod set for | ||
the northeast corner of said Lot 1, same being the most northerly | ||
northwest corner of Lot 2, of said Cattlemans Crossing; | ||
THENCE South 18 degrees 11 minutes 00 seconds West, along the common | ||
line of said Lot 1, and said Lot 2, a distance of 284.12 feet to a | ||
point for the southeast corner of said Lot 1; | ||
THENCE South 88 degrees 04 minutes 32 seconds West, continuing | ||
along the common line of said Lot 1, and said Lot 2, a distance of | ||
329.74 feet to a point for the southwest corner of said Lot 1 and the | ||
most westerly northwest corner of said Lot 2, same being in the east | ||
right-of-way line of aforesaid State Highway No. 289; | ||
THENCE North 14 degrees 22 minutes 00 seconds East, along the East | ||
right-of-way line of said State Highway No. 289, a distance of | ||
144.72 feet to a 1/2 inch iron rod set for corner; | ||
THENCE North 18 degrees 11 minutes 00 seconds East, along the East | ||
right-of-way line of said State Highway No. 289, a distance of | ||
200.09 feet to the POINT OF BEGINNING and CONTAINING 110,400 square | ||
feet or 2.54 acres of computed land, more or less. | ||
TRACT 26 (70.802 ACRES): | ||
SITUATED in the State of Texas, County of Collin, being part of the | ||
Collin County School Land Survey, Abstract No. 167, being the | ||
resurvey of a called 70.00 acre tract of land recorded in Volume | ||
2868, Page 203 of the Collin County Land Records with said premises | ||
being more particularly described as follows: | ||
BEGINNING at a 1/2-inch iron rod found marking the northeast corner | ||
of said 70.00 acre tract, the southeast corner of a 55.718 acre | ||
tract surveyed by David Surdukan dated October 4, 1999, said | ||
beginning corner also being in the west line of a 74.00 acre tract | ||
recorded in Volume 314, Page 534 of the Collin County Deed Records; | ||
THENCE with the east line of said 70.00 acre tract and the west line | ||
of said 74.00 acre tract as follows: | ||
South 00 degrees 39 minutes 50 seconds East, 557.47 feet; | ||
South 09 degrees 53 minutes 25 seconds West, 11.80 feet; | ||
South 01 degrees 00 minutes 34 seconds East, 860.79 feet to a | ||
railroad spike found in the asphalt of County Road No. 91 marking | ||
the southeast corner of said 70.00 acre tract and being in the north | ||
line of a 21.970 acre tract recorded under Volume 4388, Page 2079 of | ||
the Collin County Land Records; | ||
THENCE along County Road No. 91, the south line of said 70.00 acre | ||
tract, the north line of said 21.970 acre tract and the north line | ||
of 10.476 acre tract recorded in volume 788, Page 714 of the Collin | ||
County Deed Records, South 88 degrees 29 minutes 47 seconds West, | ||
1302.22 feet to a railroad spike found marking the most southerly | ||
southeast corner of said 70.00 acre tract; | ||
THENCE with a west line of said 70.00 acre tract and an east line of | ||
a 40.886 acre tract recorded under County Clerk No. 93-0018472 of | ||
the Collin County Land Records, North 01 degrees 05 minutes 25 | ||
seconds West, 428.80 feet to a 5/8-inch iron rod found marking the | ||
most northerly northeast corner of said 40.886 acre tract; | ||
THENCE with a south line of said 70.00 acre tract and the north line | ||
of said 40.886 acre tract, South 88 degrees 24 minutes 24 seconds | ||
West, 777.67 feet to a 1/2 inch iron rod found marking the southeast | ||
corner of an abandoned 60-foot road right-of-way; | ||
THENCE with the south line of said abandoned road right-of-way, | ||
South 88 degrees 26 minutes 57 seconds West, 544.48 feet to a | ||
3/8-inch iron rod found in the east right-of-way line of State | ||
Highway 289 (variable R.O.W.) marking the southwest corner of said | ||
road abandonment; | ||
THENCE with the east right-of-way line of State Highway No. 289 and | ||
the west line of said 70.00 acre tract as follows: | ||
North 17 degrees 47 minutes 47 seconds East, 63.75 feet to a | ||
1/2-inch iron found; | ||
North 17 degrees 14 minutes 00 seconds East, 284.05 feet to a | ||
1/2-inch iron rod set; | ||
North 18 degrees 11 minutes 00 seconds East, 775.83 feet to a | ||
1/2-inch iron rod found marking the northwest corner of said 70.00 | ||
acre tract and the southwest corner of the aforementioned 55.718 | ||
acre tract; | ||
THENCE with the north line of said 70.00 acre tract and the south | ||
line of said 55.718 acre tract, North 89 degrees 56 minutes 19 | ||
seconds East, 2266.24 feet to the point of beginning and containing | ||
70.802 gross acres of land. | ||
TRACT 27 (9.425 ACRES): | ||
BEING a 9.425 acre tract of land situated in the Collin County | ||
School Land Survey No. 14, Abstract No. 167, Collin County, Texas, | ||
and a portion of a called 38 acre tract of land as conveyed to Don P. | ||
Stone, by deed recorded in Volume 831, Page 82, of the Deed Records | ||
of Collin County, Texas, and being more particularly described as | ||
follows: | ||
COMMENCING at a 1/2 inch iron rod found for the northeast corner of | ||
the said called 38 acre tract, said point also being the Northwest | ||
corner of a called 16 acre tract of land as conveyed to Candice | ||
Chen, by deed recorded In Volume 5836, Page 545, of the Deed Records | ||
of Collin County, Texas, said iron rod also being in the south line | ||
of a tract of land conveyed to Old Celina, Ltd. by deed recorded in | ||
Volume 5471, Page 1109, of the Deed Records of Collin County, Texas; | ||
THENCE South 00 degrees 58 minutes 32 seconds East, along the common | ||
line of said called 38 acre tract., and said Chen tract as recorded | ||
in Volume 5836, Page 545, a distance of 473.70 feet to a point for | ||
corner; | ||
THENCE North 90 degrees 00 minutes 00 seconds West, 278.16 feet to | ||
the POINT OF BEGINNING; | ||
THENCE South 00 degrees 19 minutes 12 seconds East, through the | ||
interior of said called 38 acre tract, a distance of 847.56 feet to | ||
a point for corner, said point being in the south line of said | ||
called 38 acre tract, same being in the center line of County Road | ||
No. 53, said point also being in the north line of a called 40 acre | ||
tract of land described by the deed recorded in Volume 682, Page | ||
259, of the Deed Records of Collin County, Texas; | ||
THENCE South 89 degrees 43 minutes 40 seconds West, along the common | ||
line of said 38 acre tract, and said called 40 acre tract, and the | ||
center line of County Road No. 53, a distance of 483.73 feet to a | ||
point for corner; | ||
THENCE North 00 degrees 19 minutes 12 seconds West, through the | ||
interior of said called 38 acre tract, a distance of 849.86 feet to | ||
a point for corner; | ||
THENCE South 90 degrees 00 minutes 00 seconds East, through the | ||
interior of said called 38 acre tract, a distance of 483.74 feet to | ||
the POINT OF BEGINNING and containing 410,545 square feet or 9.425 | ||
acres of computed land. | ||
SECTION 5. Subtitle F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 8469 to read as follows: | ||
CHAPTER 8469. VENABLE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF | ||
DENTON COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8469.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Aubrey, Texas. | ||
(3) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Venable Ranch Municipal | ||
Utility District No. 1 of Denton County. | ||
Sec. 8469.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8469.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 8469.004. CONSENT OF CITY REQUIRED. The temporary | ||
directors may not hold an election under Section 8469.003 until: | ||
(1) the city has consented by ordinance or resolution | ||
to the creation of the district and to the inclusion of land in the | ||
district; and | ||
(2) the city and an owner or owners of land in the | ||
district have entered into a development agreement under Section | ||
212.172, Local Government Code. | ||
Sec. 8469.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a municipal utility district as provided by | ||
general law and Section 59, Article XVI, Texas Constitution; and | ||
(2) Section 52, Article III, Texas Constitution, that | ||
relate to the construction, acquisition, improvement, operation, | ||
or maintenance of macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8469.006. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 6 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 6 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8469.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8469.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8469.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2013, the owner or owners of a majority of the assessed | ||
value of the real property in the district may submit a petition to | ||
the commission requesting that the commission appoint as temporary | ||
directors the five persons named in the petition. The commission | ||
shall appoint as temporary directors the five persons named in the | ||
petition. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8469.003; or | ||
(2) September 1, 2017. | ||
(c) If permanent directors have not been elected under | ||
Section 8469.003 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8469.003; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8469.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8469.102. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapters 49 and 54, Water Code, | ||
applicable to municipal utility districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 8469.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may design, | ||
acquire, construct, finance, issue bonds for, improve, operate, | ||
maintain, and convey to this state, a county, or a municipality for | ||
operation and maintenance macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8469.104. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
road project must meet all applicable construction standards, | ||
zoning and subdivision requirements, and regulations of each | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the road project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 8469.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
OR RESOLUTION. The district shall comply with all applicable | ||
requirements of any ordinance or resolution that is adopted under | ||
Section 54.016 or 54.0165, Water Code, and that consents to the | ||
creation of the district or to the inclusion of land in the | ||
district. | ||
Sec. 8469.106. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) Any new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 6 of the Act creating this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
8469.151 to authorize the issuance of bonds. | ||
(f) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between or among the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 8469.003. | ||
(i) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(j) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
Sec. 8469.107. FIREFIGHTING SERVICES. Notwithstanding | ||
Section 49.351(a), Water Code, the district may, as authorized by | ||
Section 59(f), Article XVI, Texas Constitution, and Section 49.351, | ||
Water Code: | ||
(1) establish, operate, and maintain a fire | ||
department; | ||
(2) contract with another political subdivision for | ||
the joint operation of a fire department; or | ||
(3) contract with any other person to perform | ||
firefighting services in the district and may issue bonds and | ||
impose taxes to pay for the department and the activities. | ||
Sec. 8469.108. FEES AND CHARGES. (a) The district may | ||
adopt and enforce all necessary charges, mandatory fees, or | ||
rentals, in addition to taxes, for providing or making available | ||
any district facility or service, including firefighting | ||
activities provided under Section 8469.107. | ||
(b) To enforce payment of an unpaid fee or charge due to the | ||
district, on the request of the district, a retail public utility, | ||
as defined by Section 13.002, Water Code, providing water or sewer | ||
service to a customer in the district shall terminate the service. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8469.151. ELECTIONS REGARDING TAXES OR BONDS. | ||
(a) The district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 8469.153. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes. | ||
(c) The district may not issue bonds payable from ad valorem | ||
taxes to finance a road project unless the issuance is approved by a | ||
vote of a two-thirds majority of the district voters voting at an | ||
election held for that purpose. | ||
Sec. 8469.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8469.151, the district | ||
may impose an operation and maintenance tax on taxable property in | ||
the district in accordance with Section 49.107, Water Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 8469.153. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8469.201. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 8469.202. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 8469.203. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SUBCHAPTER F. ANNEXATION BY CITY | ||
Sec. 8469.251. EFFECT OF ANNEXATION BY CITY. | ||
(a) Notwithstanding any other law, if all of the territory of the | ||
district is annexed by the city into the corporate limits of the | ||
city before the date of the election held to confirm the creation of | ||
the district and the district is confirmed at that election, the | ||
district may not be dissolved and continues in existence following | ||
annexation until: | ||
(1) water, sanitary sewer, and drainage improvements | ||
and roads have been constructed to serve at least 90 percent of the | ||
territory of the district capable of development; or | ||
(2) the board adopts a resolution consenting to the | ||
dissolution of the district. | ||
(b) Notwithstanding Section 54.016(f)(2), Water Code, an | ||
allocation agreement between the city and the district that | ||
provides for the allocation of the taxes or revenues of the district | ||
and the city following the date of inclusion of the district's | ||
territory in the corporate limits of the city may provide that the | ||
total annual ad valorem taxes collected by the city and the district | ||
from taxable property within the city's corporate limits may exceed | ||
the city's ad valorem tax on that property. | ||
SECTION 6. The Venable Ranch Municipal Utility District | ||
No. 1 of Denton County initially includes all the territory | ||
contained in the following area: | ||
VENABLE PROPERTY DESCRIPTION: | ||
TRACT 1 | ||
Being a tract of land situated in the George Smith Survey, Abstract | ||
No. 1219, the S. Williams Survey, Abstract No. 1333, the M. McBride | ||
Survey, Abstract No. 804, the N. McMillan Survey, Abstract No. 841, | ||
the J. Cantwell Survey, Abstract No. 282, the T. Chambers Survey, | ||
Abstract No. 223, the J. Moses Survey, Abstract No. 894, the J. | ||
Wells Survey, Abstract No. 1426, the J. Wilburn Survey, Abstract | ||
No. 1427, and the W. Boydston Survey, Abstract No. 117, Denton | ||
County, Texas and being all of the following tracts of land conveyed | ||
to Venable Royalty, LTD.; a called 10.69 acre tract by deed recorded | ||
in Volume 5128, Page 563 of the Real Property Records of Denton | ||
County, Texas (R.P.R.D.C.T.); a called 11.00 acre tract by deed | ||
recorded in Volume 5144, Page 2973, R.P.R.D.C.T.; a called a called | ||
29.089 acre tract by deed recorded in Volume 4077, Page 1372, | ||
R.P.R.D.C.T.; a called 27.20 acre tract by deed recorded in Volume | ||
5076, Page 822, R.P.R.D.C.T. (50% interest); a called 54.08 acre | ||
tract by deed recorded in Volume 4867, Page 3255, R.P.R.D.C.T.; a | ||
called 7.000 acre tract, called Parcel One, Tract I, a called 0.228 | ||
acre tract, called Parcel One, Tract II, and a called 14.586 acre | ||
tract, called Parcel Two by deed recorded in Volume 4506, Page 1340 | ||
of the Deed Records of Denton County, Texas (D.R.D.C.T.); all of | ||
Lots 16 and 17 of Scenic Acres by deed recorded in Volume 4399, Page | ||
1845, R.P.R.D.C.T., said Scenic Acres being an addition to Denton | ||
County, Texas according to the plat recorded in Cabinet B, Page 379 | ||
of the Map Records of Denton County, Texas (M.R.D.C.T.); all of the | ||
following tracts of land conveyed to Venable Estate, LTD.; a called | ||
4.02 acre tract by deed recorded in Instrument No. 2008-41088 of the | ||
Official Records of Denton County, Texas (O.R.D.C.T.); a called | ||
27.20 acre tract by deed recorded in Instrument No. 2004-101157, | ||
O.R.D.C.T. (50% interest); all of the following recorded in | ||
Instrument No. 2005-43578, O.R.D.C.T.; of Exhibit "A-1"; a called | ||
48.9 acre tract, called First Tract; a called 70 acre tract, called | ||
Second Tract; a called 40 acre tract, called Third Tract; a called | ||
30 acre tract, called Fourth Tract; a called 70.80 acre tract, | ||
called Fifth Tract; a called 70.62 acre tract, called Sixth Tract; a | ||
called 53.83 acre tract, called Seventh Tract; a called 88 acre | ||
tract, called Eighth Tract; a called 40 acre tract, called Ninth | ||
Tract; a called 40 acre tract, called Tenth Tract; a called 54 acre | ||
tract, called Eleventh Tract; a called 63 acre tract, called | ||
Twelfth Tract; a called 55 acre tract, called Thirteenth Tract; a | ||
called 50 acre tract, called Fourteenth Tract; a called 3 acre | ||
tract, called Fifteenth Tract; a called 6 acre tract, called | ||
Sixteenth Tract; a called 100 acre tract, called Seventeenth Tract; | ||
a called 58 acre tract, called Eighteenth Tract; a called 29.37 acre | ||
tract, called Nineteenth Tract; the remainder of a called 20 acre | ||
tract, called Twentieth Tract; a called 80 acre tract, called | ||
Twenty-First Tract; a called 3.5 acre tract, called Twenty-Second | ||
Tract; a called 114.8 acre tract, called Twenty-Third Tract; a | ||
called 412 acre tract, called Twenty-Fourth Tract; a called 40 acre | ||
tract, called Twenty-Fifth Tract; a called 40 acre tract, called | ||
Twenty-Sixth Tract; a called 65.93 acre tract, called | ||
Twenty-Seventh Tract; of Exhibit "A-2"; First Tract; Second Tract; | ||
and a called 118.3 acre tract, called Third Tract; all of Exhibit | ||
"A-3", called 24 acres; all of Exhibit "A-6", called 70 acres; of | ||
Exhibit "A-7"; a called 63 acre tract, called First Tract; and a | ||
called 80 acre tract, called Second Tract; and all of Exhibit "A-8", | ||
called 54.089 acres, and being more particularly described as | ||
follows: | ||
BEGINNING at a 1/2 inch iron rod found for the northeast corner of | ||
said Venable 10.69 acre tract, said corner being in the west line of | ||
the Texas and Pacific Railway Company right-of-way (80 foot wide | ||
right-of-way); | ||
THENCE along the west line of said Texas and Pacific Railway Company | ||
right-of-way the following courses and distances: | ||
South 07°41'12" West, a distance of 3421.85 feet to the | ||
beginning of a tangent curve to the right; | ||
Southwesterly along said tangent curve to the right having a | ||
central angle of 18°23'37", a radius of 5679.58 feet, a chord | ||
bearing of South 16°53'01" West, a chord distance of 1815.49 feet, | ||
and an arc length of 1823.31 feet to a point at the end of said | ||
curve; | ||
South 26°04'49" West, a distance of 3713.98 feet to the | ||
southeast corner of said Venable Exhibit "A-1" Twenty-Fourth Tract, | ||
said point being in the approximate centerline of Black Jack Road; | ||
THENCE with the approximate centerline of Black Jack Road and along | ||
the south lines of said Venable Exhibit "A-1" Twenty-Fourth Tract | ||
and Twentieth Tract, the following courses and distances: | ||
North 89°23'03" West, passing at a distance of 88.61 feet the | ||
northeast corner of Quail Ridge Estates, an addition to the City of | ||
Aubrey, Texas according to the plat recorded in Cabinet T, Page 40, | ||
M.R.D.C.T., and continuing for a total distance of 1122.68 feet to | ||
the most northerly northwest corner of said Quail Ridge Estates; | ||
North 89°59'13" West, a distance of 2643.79 feet to the | ||
northwest corner of a called 15.000 acre tract of land, called Tract | ||
Eight, conveyed to Old south Royalty Company by deed recorded in | ||
Volume 2138, Page 809, R.P.R.D.C.T. and the northeast corner of a | ||
called 15.28 Acre tract of land conveyed to Robert A. Foster and | ||
Etta J. Luongo, by deed recorded in Document No. 2007-88559, | ||
O.R.D.C.T.; | ||
South 89°49'29" West, passing at a distance of 39.40 feet a | ||
mag nail found, and continuing for a total distance of 368.29 feet | ||
to the southwest corner of said Venable Exhibit "A-1" Twentieth | ||
Tract, said point being in the west line of Wilson Cemetery Road; | ||
THENCE North 01°18'58" West, along the west line of said Venable | ||
Exhibit "A-1" Twentieth Tract and the west line of said Wilson | ||
Cemetery Road, passing at a distance of 8.98 feet a mag nail found | ||
for the southeast corner of a called 25.196 acre tract of land | ||
conveyed to Russell W. Streng and Truly W. Streng, by deed recorded | ||
in Volume 4326, Page 1990, R.P.R.D.C.T., and continuing along said | ||
west lines and the east line of said 25.196 acre tract for a total | ||
distance of 224.04 feet to a point in a fence line at the southerly | ||
corner of a called 0.100 acre tract of land conveyed to Russell W. | ||
Streng and Truly W. Streng by deed recorded in Document No. | ||
2012-53458, O.R.D.C.T.; | ||
THENCE North 00°08'42" West, with said fence line along the west | ||
line of said Wilson Cemetery Road, and along the east line of said | ||
0.100 acre tract, a distance of 653.39 feet to the northeast corner | ||
of said 0.100 acre tract and the southeast corner of a called 0.422 | ||
acre tract of land conveyed to Rodney Ivan Streng and Judith Ann | ||
Streng, Trustees, or Their Successor Trustees Under The Rodney I. | ||
Streng and Judith A. Streng Living Trust, by deed recorded in | ||
Document No. 2012-53328, O.R.D.C.T.; | ||
THENCE continuing along said fence line along the west line of said | ||
Wilson Cemetery Road, and along the east line of said 0.422 acre | ||
tract, the following courses and distances: | ||
North 00°10'08" West, a distance of 816.15 feet to a point for | ||
corner; | ||
North 15°07'16" West, a distance of 23.99 feet to a point for | ||
corner; | ||
North 54°47'59" West, a distance of 29.83 feet to the most | ||
northerly corner of said 0.422 acre tract, said point being in the | ||
west line of said Venable Exhibit "A-1" Twentieth Tract and east | ||
line of a called 25.196 acre tract of land conveyed to Rodney I. | ||
Streng and Judith A. Streng Family Trust, by deed recorded in | ||
Instrument Number 2010-59229, O.R.D.C.T.; | ||
THENCE North 01°18'58" West, a distance of 12.03 feet to a mag nail | ||
found for the northwest corner of said Venable Exhibit "A-1 | ||
Twentieth Tract and the northeast corner of said Streng Family | ||
Trust 25.196 acre tract, said corner being in the south line of said | ||
Venable Exhibit "A-1" Eighth Tract; | ||
THENCE North 89°45'07" West, with said Wilson Cemetery Road, and | ||
along the south line of said Venable Exhibit "A-1" Eighth Tract and | ||
the north line of said Streng Family Trust 25.196 acre tract, a | ||
distance of 1254.71 feet to a 1/2 inch iron rod found for the | ||
southwest corner of said Venable Exhibit "A-1" Eighth Tract and the | ||
northwest corner of said Streng Family Trust 25.196 acre tract, | ||
said corner being in the east line of a called 5.30 acre tract of | ||
land, called Tract Three, conveyed to Cedars Development, Inc. by | ||
deed recorded in Instrument Number 2011-95252, O.R.D.C.T.; | ||
THENCE North 01°20'47" West, with said Wilson Cemetery Road, and | ||
along the west line of said Venable Exhibit "A-1" Eighth Tract and | ||
the east line of said 5.30 acre tract, a distance of 573.91 feet to a | ||
1/2 inch iron rod found for the northeast corner of said 5.30 acre | ||
tract and the southeast corner of said Venable Exhibit "A-1" | ||
Fourteenth Tract, said corner being at the intersection of Wilson | ||
Cemetery Road with Grubbs Road; | ||
THENCE North 88°33'37" West, with said Grubbs Road, and along the | ||
south lines of said Venable Exhibit "A-1" Fourteenth Tract and | ||
Fifteenth Tract, a distance of 1429.54 feet to a mag nail found for | ||
the southwest corner of said Venable Exhibit "A-1" Fifteenth Tract, | ||
and the southeast corner of a called 0.743 acre tract of land, | ||
called Tract One, conveyed to Old South Royalty Company by deed | ||
recorded in Volume 2138, Page 809, R.P.R.D.C.T.; | ||
THENCE North 00°16'29" East, along the west line of said Venable | ||
Exhibit "A-1" Fifteenth Tract and the east line of said 0.743 acre | ||
tract, passing at a distance of 1078.75 feet the northeast corner of | ||
said 0.743 acre tract and the most southerly southeast corner of a | ||
called 352.393 acre tract of land, called Tract Three, conveyed to | ||
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, | ||
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 | ||
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 | ||
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 | ||
27.20 acre tract and the west line of said 26.23 acre tract, a | ||
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 | ||
Exhibit "A-8", 54.089 acre tract, being the same as the above | ||
mentioned Venable 54.08 acre tract recorded in Volume 4867, Page | ||
3255, R.P.R.D.C.T.; | ||
THENCE South 88°18'52" East, along the south line of said Venable | ||
Exhibit "A-8", 54.089 acre tract and the north line of said 26.23 | ||
acre tract, a distance of 907.17 feet to the southeast corner of | ||
said Venable Exhibit "A-8", 54.089 acre tract and the northeast | ||
corner of said 26.23 acre tract, said corner being in the west line | ||
of the above mentioned Venable Exhibit "A-2" Second Tract; | ||
THENCE South 0°33'39" West, along the west line of said Venable | ||
Exhibit "A-2" Second Tract and the east line of said 26.23 acre | ||
tract, a distance of 1151.30 feet to a wood corner post found for | ||
the southwest corner of said Venable Exhibit "A-2" Second Tract and | ||
the northwest corner of said Harmon 29.553 acre tract; | ||
THENCE South 88°23'05" East, along the south line of said Venable | ||
Exhibit "A-2" Second Tract and the north line of said 29.553 acre | ||
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 | ||
northwest corner of said Pierce 3.00 acre tract; | ||
THENCE South 88°18'08" East, continuing along the south line of said | ||
Venable Exhibit "A-2" Second Tract and the north line of said Pierce | ||
3.00 acre tract, a distance of 626.29 feet to a 1/2 inch iron rod | ||
found for the northeast corner of said Pierce 3.00 acre tract and | ||
the northwest corner of said Wilson 1.269 acre tract; | ||
THENCE South 88°04'56" East, continuing along the south line of said | ||
Venable Exhibit "A-2" Second Tract and the north lines of said | ||
Wilson 1.269 acre tract and said Black Rock Water Supply | ||
Corporation 0.254 acre tract, a distance of 365.79 feet to a wood | ||
corner post found for the northeast corner of said Black Rock Water | ||
Supply Corporation 0.254 acre tract and the northwest corner of the | ||
above mentioned Venable Exhibit "A-6" 70 acre tract; | ||
THENCE South 01°20'17" West, along the west line of said Venable | ||
Exhibit "A-6" 70 acre tract and the east lines of said Black Rock | ||
Water Supply Corporation 0.254 acre tract, said Harmon 29.553 acre | ||
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 | ||
Road for the southeast corner of said Pierce 0.724 acre tract, and | ||
continuing along said west line for a total distance of 1413.97 feet | ||
to the southwest corner of said Venable Exhibit "A-6" 70 acre tract, | ||
said corner being in the north line of the above mentioned Venable | ||
Exhibit "A-1" Twenty-Fourth Tract; | ||
THENCE North 88°16'47" West, along the north line of said Venable | ||
Exhibit "A-1" Twenty-Fourth Tract, a distance of 1403.72 feet to | ||
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 | ||
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 | ||
Venable Exhibit "A-1" Twenty-Fourth Tract and the south lines of | ||
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. | ||
TRACT B | ||
Being a tract of land situated in the George Smith Survey, Abstract | ||
No. 1219, Denton County, Texas, and being described as a 210 foot by | ||
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. | ||
________________________________________________________________ | ||
____________ | ||
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 7. (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 5 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 Subsection (c), | ||
Section 17, Article I, Texas Constitution. | ||
SECTION 8. The Parker County Utility District No. 1 is | ||
dissolved. | ||
SECTION 9. | ||
The following laws are repealed: | ||
(1) Chapter 7208, Special District Local Laws Code; | ||
and | ||
(2) Section 1.04, Chapter 1273, Acts of the 75th | ||
Legislature, Regular Session, 1997. | ||
SECTION 10. (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, | ||
lieutenant governor, and 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 have been | ||
fulfilled and accomplished. | ||
SECTION 11. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3914 was passed by the House on May | ||
14, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3914 on May 23, 2013, by the following vote: Yeas 138, Nays 1, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3914 was passed by the Senate, with | ||
amendments, on May 21, 2013, by the following vote: Yeas 30, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |