Bill Text: TX HB3859 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the creation of the Club Municipal Management District No. 1; providing authority to levy an assessment and issue bonds.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB3859 Detail]

Download: Texas-2011-HB3859-Enrolled.html

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H.B. No. 3859

AN ACT
relating to the creation of the Club Municipal Management District
No. 1; providing authority to levy an assessment and issue bonds.
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 3902 to read as follows:
CHAPTER 3902. CLUB MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3902.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Capital improvement plan" means a plan created
under Section 3902.110.
(3) "City" means the City of Heath, Texas.
(4) "Development agreement" means an agreement
created under Section 3902.109.
(5) "Director" means a board member.
(6) "District" means the Club Municipal Management
District No. 1.
(7) "Financial plan" means a plan created under
Section 3902.154.
(8) "Improvement project" means a project authorized
by Subchapter C-1.
Sec. 3902.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution.
Sec. 3902.003. PRIMARY PURPOSE; MIXED-USE RESIDENTIAL AND
COMMERCIAL DEVELOPMENT. The primary purpose of the district is to
facilitate the construction and continued maintenance of a quality
mixed-use residential and commercial development to benefit city
residents.
Sec. 3902.004. ADDITIONAL PURPOSES; 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, Rockwall County, or Kaufman County
from providing or requiring the city or the counties to provide the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district as the city or
counties do to similarly situated property in the city. The
district is created to supplement and not to supplant city and
county services provided in the district.
Sec. 3902.005. 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 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) 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.
(d) 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.
(e) 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. 3902.006. 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 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 contract;
(3) authority to borrow money or issue bonds or other
obligations described by Section 3902.253 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. 3902.007. 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;
(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 3902.253.
(c) 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. 3902.008. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICT LAW; PURPOSE. (a) Except as provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
(b) 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.
Sec. 3902.009. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3902.010-3902.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3902.051. GOVERNING BODY; TERMS. The district is
governed by a board of five directors who serve staggered terms of
four years, with two or three directors' terms expiring May 31 of
each even-numbered year.
Sec. 3902.052. QUALIFICATIONS. (a) To be qualified to
serve as a director, a person must:
(1) meet the qualifications prescribed by Section
375.063, Local Government Code;
(2) be a partner of a partnership that owns property in
the district;
(3) be a shareholder, director, or officer of a
corporation that owns property in the district;
(4) be a member, manager, or officer of a limited
liability company that owns property in the district;
(5) be a member, manager, or officer of a limited
liability company that is a partner of a partnership that owns
property in the district; or
(6) reside in the city.
(b) Section 49.052, Water Code, does not apply to the
district.
Sec. 3902.053. APPOINTMENT OF DIRECTORS. (a) In this
section, "homeowner" means a person who owns residential property
in the district that is used for personal, family, or household
purposes.
(b) Before 500 residential units in the district are sold to
homeowners, the owner or owners of a majority of the assessed value
of the real property in the district may submit a petition to the
governing body of the city requesting that the governing body
appoint as directors three persons from persons named in the
petition.
(c) After 500 residential units in the district are sold to
homeowners:
(1) a majority of the homeowners in the district may
submit a petition to the governing body of the city requesting that
the governing body appoint as directors two persons from persons
named in the petition; and
(2) the owner or owners of a majority of the assessed
value of the real property in the district that is not residential
property may submit a petition to the governing body of the city
requesting that the governing body appoint as director one person
from persons named in the petition.
(d) The governing body of the city shall appoint five
directors. The appointments may include one or more of the persons
named in the petitions.
Sec. 3902.054. EX OFFICIO DIRECTORS. (a) The governing
body of the city may appoint up to three persons to serve ex officio
as nonvoting directors.
(b) An ex officio director is not counted for purposes of
determining a quorum.
(c) Section 3902.052 does not apply to this section.
(d) An ex officio director:
(1) is entitled to all notices and information given
to and accessible to a director; and
(2) may attend any board meeting, regardless of
whether the meeting is open or closed to the public.
Sec. 3902.055. VACANCY. The remaining directors shall
appoint a person to fill a vacancy for the remainder of the
unexpired term.
Sec. 3902.056. COMPENSATION; EXPENSES. (a) The board may
compensate each director in an amount not to exceed $50 for each
board meeting. The total amount of compensation for each director
in a calendar year may not exceed $2,000.
(b) A director is entitled to reimbursement for actual
expenses reasonably and necessarily incurred while engaging in
activities on behalf of the district under a policy established by
the board.
Sec. 3902.057. INITIAL DIRECTORS. (a) On or before
September 15, 2011, the governing body of the city shall appoint two
initial directors.
(b) On or before September 15, 2011, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the governing body of the city requesting
that the governing body appoint as initial directors the three
persons named in the petition. If a petition is submitted, the
governing body shall appoint as initial directors the three persons
named in the petition. If a petition is not submitted on or before
September 15, 2011, the governing body shall appoint the initial
directors.
(c) The initial directors serve staggered terms, with one
director serving a term expiring on May 31, 2015, two directors
serving a term expiring on May 31, 2014, and two directors serving a
term expiring on May 31, 2013.
(d) This section expires September 1, 2015.
[Sections 3902.058-3902.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3902.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3902.102. 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. 3902.103. DEVELOPMENT CORPORATION POWERS. If approved
by the governing body of the city, the district, using money
available to the district, may exercise the powers given to a
development corporation under Chapter 505, Local Government Code,
including the power to own, operate, acquire, construct, lease,
improve, or maintain a project under that chapter.
Sec. 3902.104. 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. 3902.105. 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 Chapters 365 and 441, Transportation
Code.
Sec. 3902.106. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 372, Local Government
Code, to a municipality or county.
Sec. 3902.107. 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. 3902.108. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3902.109. DEVELOPMENT AGREEMENT. The city may enter
into an agreement with each person who owns land in the district at
the time the agreement is executed that relates to any aspect of the
development of property in or outside the district, including a
provision agreed to by the city and an owner relating to:
(1) a type of improvement;
(2) density of development;
(3) timing of construction of an improvement; and
(4) aesthetics.
Sec. 3902.110. CAPITAL IMPROVEMENT PLAN. (a) The district
shall prepare a plan that includes:
(1) a description of each improvement project to be
constructed in the district;
(2) the timing of construction for each improvement
project to be constructed in the district;
(3) the financing and general budget of each
improvement project to be constructed in the district; and
(4) any other information the city needs to make a
decision on the plan.
(b) The district shall submit the plan to the city for
approval.
Sec. 3902.111. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3902.112. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are necessary
components of a street and are considered to be a street or road
improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3902.113. ADDING OR REMOVING TERRITORY; CITY APPROVAL.
As provided by Subchapter J, Chapter 49, Water Code, the board may
add territory to the district, subject to Section 54.016, Water
Code, or remove territory from the district, except that:
(1) the addition or removal of the territory must be
approved by three-fourths of all the members of the governing body
of the city; and
(2) territory may not be removed from the district if
bonds or other obligations of the district payable wholly or partly
from assessments levied or assessed on the territory are
outstanding.
Sec. 3902.114. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
Sec. 3902.115. NO TOLL ROADS. The district may not
construct, acquire, maintain, or operate a toll road.
[Sections 3902.116-3902.150 reserved for expansion]
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES
Sec. 3902.151. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using 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. 3902.152. 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 or the
parties to the development agreement agree to the project, in
writing.
Sec. 3902.153. CITY APPROVAL REQUIRED. The district may
not undertake an improvement project unless the district obtains
approval from the governing body of the city.
Sec. 3902.154. FINANCIAL PLAN. (a) The district shall
prepare a financial plan that details the cost, method of
financing, cost of financing, and feasibility of financing for each
improvement to be constructed by the district.
(b) The district shall submit the plan to the city for
approval.
Sec. 3902.155. DEVELOPMENT AGREEMENT, CAPITAL IMPROVEMENT
PLAN, AND FINANCIAL PLAN REQUIRED. The district may not undertake
an improvement project or spend money for a project or service,
including an economic development project or an expenditure for
economic development incentives, unless the governing body of the
city has approved:
(1) a development agreement; and
(2) a capital improvement plan and financial plan for
the improvement project or expenditure.
Sec. 3902.156. LOCATION OF IMPROVEMENT PROJECT OR SERVICE.
An improvement project or service may be located:
(1) in the district; or
(2) outside the district if the project or service is
necessary to extend, connect to, or increase the functionality of
an improvement project or service in the district, including water
and sewer utilities, a drainage improvement, and a road or street
improvement.
Sec. 3902.157. CITY REQUIREMENTS. (a) An improvement
project in the city must comply with city ordinances and
construction codes.
(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. 3902.158. 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 impose 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. 3902.159. 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.
Sec. 3902.160. CITY ORDINANCE, ORDER, OR RESOLUTION. (a)
Unless the district and city agree otherwise, the city may by
ordinance, order, or resolution:
(1) require that title to all or any portion of an
improvement project vest in the city; or
(2) authorize the district to:
(A) own, encumber, maintain, or operate an
improvement project; or
(B) convey the project to the city at a later
date.
(b) The district shall immediately comply with a city
ordinance, order, or resolution described by this section.
[Sections 3902.161-3902.200 reserved for expansion]
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3902.201. DIVISION OF DISTRICT; PREREQUISITES; CITY
APPROVAL. The district may be divided into two or more new
districts only if:
(1) the district has no outstanding bonded debt; and
(2) three-fourths of all members of the governing body
of the city approve of each division.
Sec. 3902.202. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 3902.203. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by an owner of real
property in the district, may adopt an order proposing to divide the
district.
(b) The board may not divide the district unless the
division is approved by the governing body of the city by
resolution. The resolution may set terms for the division under
Subsection (c).
(c) If the board decides to divide the district, the board
shall, subject to the city's resolution:
(1) set the terms of the division, including names for
the new districts and a plan for the payment or performance of any
outstanding district obligations;
(2) prepare a metes and bounds description for each
proposed district; and
(3) appoint initial directors for each new district.
Sec. 3902.204. NOTICE AND RECORDING OF ORDER. Not later
than the 30th day after the date of an order dividing the district,
the district shall:
(1) file the order with the Texas Commission on
Environmental Quality; and
(2) record the order in the real property records of
the county in which the district is located.
Sec. 3902.205. CONTRACT AUTHORITY OF NEW DISTRICTS. (a)
Except as provided by Subsection (b), the new districts may
contract with each other for any matter the boards of the new
districts consider appropriate.
(b) The new districts may not contract with each other for
water and wastewater services.
[Sections 3902.206-3902.250 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3902.251. 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. 3902.252. 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. 3902.253. 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. 3902.254. DEVELOPMENT AGREEMENT, CAPITAL IMPROVEMENT
PLAN, AND FINANCIAL PLAN REQUIRED. (a) Before the district borrows
money or issues an obligation under Section 3902.253, the district
must submit and the governing body of the city must approve a
capital improvement plan, a financial plan, and a development
agreement that describe the method of:
(1) borrowing the money or issuing that type of
obligation; and
(2) using the proceeds that result from borrowing the
money or issuing the obligation.
(b) Before the district issues an obligation described in
the capital improvement plan, financial plan, and development
agreement, the district shall:
(1) provide the governing body of the city with the
information required to make an informed decision relating to the
obligation; and
(2) obtain approval from the governing body of the
city for the obligation.
Sec. 3902.255. QUARTERLY REPORTING. (a) After the
district incurs an obligation described by Section 3902.253 and
until all obligations of the district are paid in full or otherwise
satisfied, the district shall submit a quarterly financial report
to the city.
(b) The report must be based on sound accounting methods and
detail:
(1) the obligation incurred;
(2) the amount of the obligation that has been repaid;
and
(3) any other information the city requires.
Sec. 3902.256. ASSESSMENTS. The district may impose an
assessment on property in the district to pay for an obligation
described by Section 3902.253 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.
Sec. 3902.257. 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
Rockwall 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 imposed by the district.
Sec. 3902.258. 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 may not exceed
one-fourth of the assessed value of the real property in the
district.
Sec. 3902.259. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. The city is not obligated to pay bonds, notes, or any
other obligation of the district, including bonds or debt payable
from assessments or other district revenue, unless the city assumes
the district's obligations by a vote of three-fourths of the
governing body of the city.
Sec. 3902.260. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
Sec. 3902.261. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
Sec. 3902.262. NO IMPACT FEES. The district may not impose
an impact fee.
Sec. 3902.263. NO TAXATION POWER. The district may not
impose a tax, including a sales tax and an ad valorem tax.
[Sections 3902.264-3902.300 reserved for expansion]
SUBCHAPTER F. DISSOLUTION
Sec. 3902.301. AUTOMATIC DISSOLUTION. The district
dissolves and this chapter expires on September 1, 2018, if:
(1) the district does not have outstanding debt or
other obligations; and
(2) a developer does not begin, on or before September
1, 2018, to construct a road or other improvement project in the
district that is to be financed with district bonds or other
obligations in accordance with a capital improvement plan or
financial plan approved by the city.
Sec. 3902.302. 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. 3902.303. 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. 3902.304. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After dissolution, the city assumes the obligations of the
district, including any bonds or other debt payable from
assessments or other district revenue.
(b) On or before dissolution, the board shall transfer
ownership of all district property to the city.
SECTION 2. The Club Municipal Management District No. 1
initially includes all the territory contained in the following
area:
TRACT 1
BEING a 511.319 acre tract of land situated in the G. Paschall
Survey, Abstract No. 180, the G. Paschall Survey, Abstract No. 404,
the I. Briscoe Survey, Abstract No. 57, the J. Canter Survey,
Abstract No. 53, the J. Canter Survey, Abstract No. 85, and the M.
Campbell Survey, Abstract No. 254 in the City of Heath, Rockwall
County and in Kaufman County, Texas, and being part of a 2.399 acre
tract of land described in Deed to Travis Ranch Development, L.P.,
as recorded in Volume 1991, Page 50, Deed Records, Kaufman County,
Texas (D.R.K.C.T.) and in Volume 2518, Page 56, Deed Records,
Rockwall County, Texas (D.R.R.C.T.). Bearing basis is the east
line of said 2.399 acre tract, said 511.319 acre tract, being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod with yellow cap stamped "Carter
Burgess" set on the west right-of-way line of FM 740 (90°
right-of-way);
THENCE departing said west right-of-way line of FM 740, over
and across said 2.399 acre tract, the following courses; N 44°59'04"
W, a distance of 2895.47 feet to a 5/8" iron rod with yellow cap
stamped "Carter Burgess" set; N 45°58'22" W, a distance of 1009.71
feet to a 5/8" iron rod with yellow cap stamped "Carter Burgess"
set; S 77°56'11" W, a distance of 447.51 feet to a 5/8" iron rod with
yellow cap stamped "Carter Burgess" set; S 66°57'48" W, a distance
of 219.03 feet to a point; S 73°58'26" W, a distance of 382.43 feet
to a 5/8" iron rod with yellow cap stamped "Carter Burgess" set for
the beginning of a non-tangent curve to the right, the point of
beginning of the herein described tract; southwesterly, along said
non-tangent curve to the right having a radius of 2640.00 feet, a
central angle of 50°52'17", an arc length of 2343.99 feet, and a long
chord that bears 51°32'34" W, a distance of 2267.75 feet to a 5/8"
iron rod with yellow cap stamped "Carter Burgess" set in the east
line of Tract VI as described Agreed Judgment, recorded in Volume
10, Page 323, D.R.K.C.T.;
THENCE N 30°24'08" E, along the east line of said Tract VI, a
distance of 71.98 feet to a point for a southerly corner of Tract
No. 2 as described in Deed to the City of Dallas, recorded in Volume
537, Page 766, D.R.K.C.T.
THENCE along the easterly line of said City of Dallas Tract
No. 2, the following courses; N 63°48'01" E, a distance of 81.44 feet
to a found monument with brass disk stamped "City of Dallas
Elevation Marker 61-9-A"; N 23°47'38" E, a distance of 223.72 feet
to a found monument with brass disk stamped "City of Dallas
Elevation Marker G1-9-B"; N 67°43'21" E, a distance of 294.48 feet
to a found monument with brass disk stamped "City of Dallas
Elevation Marker 61-10"; N 05°56'19" E, a distance of 146.08 feet to
a point; N 31°46'19" E, a distance of 111.94 feet to a point; S
86°49'01" E, a distance of 152.52 feet to a point; N 54°08'39" E, a
distance of 70.13 feet to a point; N 43°06'37" W, a distance of
143.05 feet to a point; S 74°34'16" W, a distance of 176.48 feet to a
found monument with brass disk stamped "City of Dallas Elevation
Marker G1-14"; S 29°26'23" W, a distance of 324.95 feet to a found
monument with brass disk stamped "City of Dallas Elevation Marker
G1-15"; S 57°43'42" W, a distance of 318.96 feet to a found monument
with brass disk stamped "City of Dallas Elevation Marker G1-15-A";
S 04°33'50" W, a distance of 94.06 feet to a found monument with
brass disk stamped "City of Dallas Elevation Marker G1-15-B"; S
64°08'43" W, a distance of 88.30 feet to a point; N 31°59'44" W, a
distance of 65.42 feet to a point from which a found monument with
brass disk stamped "City of Dallas Elevation Marker G1-15-D" bears
S 60°39'57" W, a distance of 1.70 feet; S 57°43'49" W, a distance of
27.57 feet to a point from which a found monument with brass disk
stamped "City of Dallas Elevation Marker G1-15-E" bears N 81°12'17"
E, a distance of 0.80 feet; S 07°19'56" W, a distance of 24.28 feet
to a found monument with brass disk stamped "City of Dallas
Elevation Marker G1-15-F"; S 37°05'36" W, a distance of 73.28 feet
to a found monument with brass disk stamped "City of Dallas
Elevation Marker G1-15-G"; S 43°55'43" W, a distance of 58.02 feet
to a point, from which a found monument with brass disk stamped
"City of Dallas Elevation Marker G1-15-H " bears N 66°56'26" E, a
distance of 0.60 feet; S 01°33'16" W, a distance of 18.32 feet to a
point on the north line of the aforesaid City of Dallas Tract VI;
THENCE along the north line of said Tract VI, the following
courses; S 87°21'28" W, a distance of 67.00 feet to a found monument
with brass disk stamped "City of Dallas Elevation Marker G1-17"; S
43°16'20" W, a distance of 273.28 feet to a point, from which a found
broken monument bears S 55°25'19" E a distance of 0.91 feet; S
77°57'21" W, a distance of 229.32 feet to a point from which a found
monument with brass disk stamped "City of Dallas Elevation Marker
C7-1/C9-22" bears S 85°04'46" E, a distance of 0.96 feet, said point
being in the east line described in Agreed Judgment dated February
2, 1999; Cause No. 6241-A, recorded in Volume 1370, Page 721,
D.R.K.C.T.;
THENCE N 01°07'32" W, along said east line, a distance of
239.47 feet to a found monument with brass disk stamped "City of
Dallas Elevation Marker G1-1/C7-4";
THENCE N 64°17'34" W, continuing along said east line, a
distance of 169.60 feet to a found monument with brass disk stamped
"City of Dallas Elevation Marker G1-1-A" for the southeast corner
of Tract No. 1, as described in Deed to the City of Dallas, recorded
in Volume 537, Page 766, D.R.K.C.T.;
THENCE along the easterly line of said City of Dallas Tract
No. 1, the following courses; N 06°19'57" E, a distance of 164.40
feet to a found monument with brass disk stamped "City of Dallas
Elevation Marker G1-1-B"; N 16°51'50" E, a distance of 296.39 feet
to a found monument with brass disk stamped "City of Dallas
Elevation Marker G1-1-C"; N 25°38'50" E, a distance of 235.72 feet
to a found monument with brass disk stamped "City of Dallas
Elevation Marker G1-1-D"; N 71°45'20" E, a distance of 146.55 feet
to a found monument with brass disk stamped "City of Dallas
Elevation Marker G1-1-E"; N 22°11'30" E, a distance of 114.04 feet
to a found monument with brass disk stamped "City of Dallas
Elevation Marker G1-1-F"; N 60°03'13" E, a distance of 160.21 feet
to a found monument with brass disk stamped "City of Dallas
Elevation Marker G1-4"; S 84°07'07" E, a distance of 59.57 feet to a
found monument with brass disk stamped "City of Dallas Elevation
Marker G1-4-A"; N 75°19'19" E, a distance of 205.79 feet to a point;
N 87°13'35" E, a distance of 113.62 feet to a point; N 15°38'55" E, a
distance of 80.92 feet to a point; S 83°48'52" W, a distance of
182.98 feet to a point; S 67°15'02" W, a distance of 123.23 feet to a
found monument with brass disk stamped "City of Dallas Elevation
Marker G1-4-F"; N 87°11'54" W, a distance of 78.23 feet to a found
monument with brass disk stamped "City of Dallas Elevation Marker
G1-4-G"; S 55°49'29" W, a distance of 62.89 feet to a found monument
with brass disk stamped "City of Dallas Elevation Marker G1-4-H"; N
40°02'19" W, a distance of 20.99 feet to a found monument with brass
disk stamped "City of Dallas Elevation Marker G1-4-J"; N 54°42'27"
E, a distance of 97.98 feet to a found monument with brass disk
stamped "City of Dallas Elevation Marker G1-4-K"; N 21°23'44" E, a
distance of 56.99 feet to a found monument with brass disk stamped
"City of Dallas Elevation Marker G1-4-L"; N 82°27'31" E, a distance
of 38.67 feet to a found monument with brass disk stamped "City of
Dallas Elevation Marker G1-4-M"; N 48°45'48" E, a distance of 91.20
feet to a found monument with brass disk stamped "City of Dallas
Elevation Marker G1-4-N"; N 03°12'14" W, a distance of 62.74 feet to
a found monument with brass disk stamped "City of Dallas Elevation
Marker G1-4-P"; N 36°02'40" W, a distance of 32.94 feet to a found
monument with brass disk stamped "City of Dallas Elevation Marker
G1-4-Q"; S 13°11'09" W, a distance of 54.69 feet to a found monument
with brass disk stamped "City of Dallas Elevation Marker G1-4-R"; S
23°13'13" W, a distance of 61.72 feet to a found monument with brass
disk stamped "City of Dallas Elevation Marker G1-4-S"; N 34°33'11"
W, a distance of 33.01 feet to a found monument with brass disk
stamped "City of Dallas Elevation Marker G1-4-T"; S 45°52'46" W, a
distance of 223.95 feet to a found monument with brass disk stamped
"City of Dallas Elevation Marker G1-5"; S 55°42'15" W, a distance of
825.85 feet to a point; S 44°56'17" W, a distance of 138.31 feet to a
found monument with brass disk stamped "City of Dallas Elevation
Marker 01-6-A"; S 24°14'50" W, a distance of 219.81 feet to a found
monument with brass disk stamped "City of Dallas Elevation Marker
01-6-B";
THENCE N 64°34'02" W, a distance of 49.83 feet to a found
monument with brass disk stamped "City of Dallas Elevation Marker
G1-7";
THENCE N 70°33'40" W, a distance of 109.15 feet to a point;
THENCE N 70°28'19" W, a distance of 60.46 feet to a found
monument with brass disk stamped "City of Dallas Elevation Marker
F6-1" in the northeast line of Parcel II, as described in Deed to
the City of Dallas, recorded in Volume 10, Page 323, D.I.K.C.T.;
THENCE along the northeast line of said remainder of City of
Dallas Parcel II the following courses; S 21°26'22" W, a distance of
85.74 feet to a 1/2" iron rod with red cap stamped "Dallas" found
for the beginning of a non-tangent curve to the left;
northwesterly, along said non-tangent curve to the left having a
radius of 350.00 feet, a central angle of 21°37'02", an arc length of
132.05 feet, and a long chord that bears N 54°09'55" W, a distance of
131.27 feet to a 1/2" iron rod with red cap stamped "Dallas" found;
N 64°58'40" W, a distance of 45.00 feet to a 1/2" iron rod with red
cap stamped "Dallas" found; N 67°16'56" W, a distance of 46.89 feet
to a 1/2" iron rod with red cap stamped "Dallas" found; N 64°00'03"
W, a distance of 83.24 feet to a 1/2" iron rod with red cap stamped
"Dallas" found; N 67°32'43" W, a distance of 88.79 feet to a 1/2"
iron rod with red cap stamped "Dallas" found for the beginning of a
tangent curve to the right; northwesterly, along said tangent curve
to the right having a radius of 63.00 feet, a central angle of
42°46'51", an arc length of 47.04 feet, and a long chord that bears N
46°09'17" W, a distance of 45.95 feet to a 1/2" iron rod with red cap
stamped "Dallas" found; N 24°45'56" W, a distance of 72.26 feet to a
1/2" iron rod with red cap stamped "Dallas" found for the beginning
of a tangent curve to the right; northwesterly, along said tangent
curve to the right having a radius of 48.89 feet, a central angle of
56°58'46", an arc length of 48.62 feet, and a long chord that bears N
03°43'27" E, a distance of 46.64 feet to a 1/2" iron rod with red cap
stamped "Dallas" found; N 32°12'45" E, a distance of 79.15 feet to a
1/2" iron rod with red cap stamped "Dallas" found for the beginning
of a tangent curve to the left; northwesterly, along said tangent
curve to the left having a radius of 40.17 feet, a central angle of
59°03'52", an arc length of 41.41 feet, and a long chord that bears N
02°40'49" E, a distance of 39.60 feet to a 1/2" iron rod with red cap
stamped "Dallas" found; N 26°50'52" W, a distance of 39.13 feet to a
1/2" iron rod with red cap stamped "Dallas" found in the south line
of a tract of land described as First Tract in Deed to the City of
Dallas, recorded in Volume 497, Page 624, D.R.R.C.T.;
THENCE N 88°44'35" E, along the south line of said City of
Dallas First Tract and the south line of the remainder tract of land
described in Deed to Sterling C. Evans, Trustee, recorded in Volume
27, Page 151, D.R.K.C.T., a distance of 419.79 feet to a PK nail
found in Ray Hubbard Drive;
THENCE N 02°51'38" W, along said Ray Hubbard Drive, a distance
of 1503.31 feet to a 1/2" iron rod found for the northeast corner of
Pecan Knoll Addition, an addition to the City of Heath, as recorded
in Cabinet C, Slide 141, Plat Records of Rockwall County, Texas,
(P.R.R.C.T.), said corner also being the beginning of a non-tangent
curve to the left; northwesterly, along the north line of said Pecan
Knoll Addition, and along said non-tangent curve to the left having
a radius of 258.91 feet, a central angle of 28°10'31", an arc length
of 127.32 feet, and a long chord that bears N 75°54'58" W, a distance
of 126.04 feet to a 1/2" iron rod found;
THENCE S 89°56'16" W, along the north line of said Pecan Knoll
Addition, a distance of 336.58 feet to a 1/2" iron rod with yellow
cap stamped "Halff Assoc., Inc." found in the east side of said Ray
Hubbard Drive;
THENCE N 00°56'55" W, along the east side of said Ray Hubbard
Drive, a distance of 1085.38 feet to a 1/2" iron rod found for the
southwest corner of a tract of land described in Deed to Anthony
Garretson Seely and Virginia Seely, recorded in Volume 585, Page
258, D.R.R.C.T.;
THENCE S 88°21'17" E, along the south line of said Seely
Tract, a distance of 424.63 feet to a 1/2" iron rod with yellow cap
stamped "Halff Assoc., Inc." found;
THENCE N 21°34'11" E, along the east line of said Seely Tract,
a distance of 315.28 feet to a 1/2" iron rod with yellow cap stamped
"Halff Assoc., Inc." found in the south line of a 10.64 acre tract
of land described in Deed to the City of Dallas, recorded in Volume
78, Page 406, D.R.R.C.T.;
THENCE along the south line of said 10.64 acre tract, the
following courses; S 68°24'27" E, a distance of 912.34 feet to a
found monument with brass disk stamped "City of Dallas Elevation
Marker G4-3"; N 77°05'40" E, a distance of 396.72 feet to a found
monument with brass disk stamped "City of Dallas Elevation Marker
G4-4"; N 53°40'19" E, a distance of 443.20 feet to a found monument
with brass disk stamped "City of Dallas Elevation Marker G4-5",
from which a 1/2" iron rod found bears S 74°58'35" E, a distance of
2.39 feet; N 00°45'17" W, a distance of 119.74 feet to a found
monument with brass disk stamped "City of Dallas Elevation Marker
G7-2" in the north line of a 17.69 acre tract described in Deed to
the City of Dallas, recorded in Volume 79, Page 177, D.R.R.C.T.;
THENCE along the north line of said 17.69 acre tract, the
following courses; S 78°11'37" W, a distance of 626.51 feet to a
found monument with brass disk stamped "City of Dallas Elevation
Marker G7-3"; N 58°29'39" W, a distance of 459.69 feet to a found
monument with brass disk stamped "City of Dallas Elevation Marker
G7-4"; N 22°26'05" W, a distance of 543.09 feet to a found monument
with brass disk stamped "City of Dallas Elevation Marker G7-5"; S
77°31'50" W, a distance of 275.86 feet to a 1/2" iron rod with yellow
cap stamped "Halff Assoc., Inc." found; N 12°27'13" W, a distance of
446.82 feet to a point in the aforesaid east line described in
Agreed Judgment, Cause No. 6241-A;
THENCE N 45°42'00" E, along said east line and the east line of
Anchor Bay Phase I and Phase II, additions to the City of Heath
Texas, as recorded in Cabinet C, Slide 60, P.R.R.C.T., a distance of
1691.20 feet to a point on the southwest line of K and K
Development, an addition to the City of Heath, Texas, as recorded in
Cabinet A, Slide 94, P.R.R.C.T.;
THENCE S 42°11'06" E, along the southwest line of said K and K
Development Tract, a distance of 1307.23 feet to a 1/2" iron rod
with yellow cap stamped "Halff Assoc., Inc." found;
THENCE N 45°06'54" E, along the southeast line of said K and K
Development Tract, a distance of 825.00 feet to a point;
THENCE S 41°12'17" E, departing said southeast line and along
the southwest line of a 20.00 acre tract of land described in Deed
to Grace E. Hambrick, recorded in Volume 2434, Page 237,
D.R.R.C.T., a distance of 1492.13 feet to a 1/2" iron rod with
yellow cap stamped "Halff Assoc., Inc." found in Rush Creek;
THENCE along the meanders of Rush Creek, the following
courses; S 76°31'01" E, a distance of 1.70 feet to a point; S
54°59'01" E, a distance of 243.70 feet to a point; N 83°24'59" E, a
distance of 171.20 feet to a point; N 36°31'59" E, a distance of
177.90 feet to a point; S 80°44'59" W, a distance of 233.40 feet to a
point; N 00°26'59" E, a distance of 212.90 feet to a point; N
32°06'01" W, a distance of 140.60 feet to a point; N 82°59'59" E, a
distance of 268.40 feet to a point; N 31°07'59" E, a distance of
159.60 feet to a point; N 33°21'01" W, a distance of 245.40 feet to a
point; N 40°30'59" E, a distance of 80.10 feet to a point; N 44°22'01"
W, a distance of 128.20 feet to a point; N 69°50'01" W, a distance of
87.00 feet to a point; N 32°01'59" E, a distance of 164.80 feet to a
point; S 11°02'01" E, a distance of 106.60 feet to a point; N
65°18'59" E, a distance of 147.00 feet to a point; N 27°16'01" W, a
distance of 109.80 feet to a point; N 80°19'01" W, a distance of
90.30 feet to a point; N 11°03'59" E, a distance of 80.80 feet to a
point in the southwest line of a 65.80 acre tract of land described
in Deed to Enmark Gas Corp, recorded in Volume 1298, D.R.R.C.T.,
from which a 1/2" iron rod found bears S 53°33'29" E, a distance of
10.19 feet;
THENCE S 53°55'45" E, along said southwest line, a distance of
1436.99 feet to a 1/2" iron rod with yellow cap stamped "Halff
Assoc., Inc." found for the south corner of a 0.42 acre tract of
land described in Deed to J.D. Crosby, recorded in Volume 54, Page
47, D.R.R.C.T.;
THENCE N 44°55'59" E, along the southeast line of said 0.42
acre tract, a distance of 300.57 feet to a 1/2" iron rod with yellow
cap stamped "Halff Assoc., Inc." found for the southwest corner of a
20.00 acre tract of land described in Deed to George Athens and
Demetra Athens, recorded in Volume 74, Page 447, D.R.R.C.T.;
THENCE S 41°42'01" E, along the southwest line of said Athens
Tract, a distance of 941.30 feet to a 1/2" iron rod with yellow cap
stamped "Halff Assoc., Inc." found;
THENCE S 51°14'01" E, continuing along the southwest line of
said Athens Tract, a distance of 542.00 feet to a 1/2" iron rod with
yellow cap stamped "Halff Assoc., Inc." found on the west
right-of-way line of the aforesaid FM 740 (80' right-of-way at this
point) also being the beginning of a non-tangent curve to the left;
southwesterly, along said west right-of-way line of FM 740 and
along said non-tangent curve to the left having a radius of 178.10
feet, a central angle of 17°32'13", an arc length of 54.51 feet, and
a long chord that bears S 02°22'59" W, a distance of 54.30 feet to a
wood right-of-way monument found;
THENCE S 13°47'04" E, continuing along said west right-of-way
line of FM 740, a distance of 16.10 feet to a 1/2" iron rod found for
the northeast corner of a 4.502 acre tract of land described in Deed
to Gerald R. Schotthoefer and E. Joan Schotthoefer, recorded in
Volume 925, Page 75, D.R.R.C.T.;
THENCE N 88°55'12" W, departing said west right-of-way line
and along the north line of said Schotthoefer Tract, a distance of
509.06 feet to a 3/8" iron rod found;
THENCE S 27°51'31" W, along the northwest line of said
Schotthoefer Tract, a distance of 316.73 feet to a 3/8" iron rod
found;
THENCE S 40°20'23" E, along the southwest line of said
Schotthoefer Tract, a distance of 268.09 feet to a 1/2" iron rod
with yellow cap stamped "Halff Assoc., Inc." found in the northwest
line of a 11.993 acre tract of land described in Deed to Lloyd N.
Fiedler, DVM and Dawn Fiedler, recorded in Volume 1252, Page 10,
D.R.R.C.T.;
THENCE S 47°47'30" W, along the northwest line of said Fiedler
Tract, a distance of 1251.20 feet to a 1/2" iron rod found for the
west corner of said Fiedler Tract;
THENCE over and across said 2.399 acre tract the following
courses; N 89°45'27" W, a distance of 1582.82 feet to a 5/8" iron rod
with yellow cap stamped "Carter Burgess" set for the beginning of a
non-tangent curve to the right; southwesterly, along said
non-tangent curve to the right having a radius of 2640.00 feet, a
central angle of 26°44'27", an arc length of 1232.13 feet, and a long
chord that bears S 12°44'12" W, a distance of 1220.97 feet to the
POINT OF BEGINNING and containing 511.319 acres of land.
TRACT 2
BEING a 65.99 acre tract of land situated in the Joshua Carter
Survey, Abstract No. 53, Rockwall County, Texas and being all of
that certain tract or parcel of land as monumented on the ground and
conveyed to RCM Development as recorded in Volume 2148, Page 139 of
the Deed Records of Rockwall County, Texas and as described by metes
and bounds in called 65.80 acre tract of land as conveyed to Enmark
Gas Corporation as recorded in Volume 1298, Page 064 of said Deed
Records, (basis of bearing is the northwest line of said Deed
recorded in Volume 1298, Page 064, N 45°10'01" E), said 65.99 acre
being more particularly described as follows:
BEGINNING at a 1/2" iron rod found for the north corner of
said called 65.80 acre tract, the east corner of a called 0.504 acre
tract of land as described in Deed to Brenda J. Jackson as recorded
in Volume 3634, Page 105 of said Deed Records, said iron rod also
being in the southwest right-of-way line of FM Road 740 (a variable
width right-of-way);
THENCE S 44°54'56" E, along the northeast line of said called
65.80 acre tract and the southwest right-of-way line of FM Road 740,
a distance of 852.55 feet to a 1/2" iron rod found for an ell corner
of said called 65.80 acre tract and the northernmost corner of a
called 1.9044 acre tract of land as described in Deed to Timothy D.
Bivins and wife, Cindy L. Bivins as recorded in Volume 1207, Page
020 of said Deed Records;
THENCE S 45°13'22" W, along a southeast line of said called
65.80 acre tract and along the northwest line of said Bivins Tract,
a distance of 435.45 feet to a 3/4" iron rod found for an ell corner
of said called 65.80 acre tract and the westernmost corner of said
Bivins Tract;
THENCE S 45°20'05" E, along a northeast line of said called
65.80 acre tract and along the southwest line of said Bivins Tract,
a distance of 192.21 feet to a 3/8" iron rod found for the
southernmost corner of said Bivins Tract and the westernmost corner
of a called 2.38 acre tract of land as described in Deed to B.R.
Baker and wife Cindy L. Baker as recorded in Volume 0841, Page 001
of said Deed Records;
THENCE S 45°07'36" E, continuing along a northeast line of
said called 85.60 acre tract and along the southwest line of said
Baker Tract, a distance of 308.19 feet to fence corner post for the
southernmost corner of said Baker Tract and being in the northwest
line of Lot 14 of King Acres Addition, as recorded in Cabinet A,
Slide 48 of the Plat Records of Rockwall County, Texas;
THENCE S 44°58'54" W, along a southeast line of said called
85.60 acre tract and the northeast line of said Lot 14, passing at a
distance of 1041.43 feet a 1/2" iron rod found for the westernmost
corner of a tract of land as described in Deed to K.K. Stonfield as
recorded in Volume 92, Page 15 of said Deed Records and the
northernmost corner of a called 20.00 acre tract (Tract 3) as
described in Deed to George Athens & Demetra Athens as recorded in
Volume 74, Page 447 of said Deed Records, and passing at a distance
of 1446.15 feet a 1/2" iron rod found for the westernmost corner of
said Athens Tract and an ell corner of a tract of land as described
in Deed to Travis Ranch Development, L.P. as recorded in Volume
2518, Page 56 of said Deed Records, in all a total distance of
1747.28 feet to a 1/2" iron rod found for the southernmost corner of
said called 85.60 acre tract and being an ell corner of said Travis
Ranch Development Tract;
THENCE N 53°27'11" W, along a southwest line of said called
85.60 acre tract and along a northeast line of said Travis Ranch
Development Tract, a distance of 1371.82 feet to a fence corner post
for the westernmost corner of said called 65.80 acre tract, an ell
corner of said Travis Ranch Development Tract and being in the
southeast line of Tract 2 as described in Deed to McCrumman
Partners, L.P. as recorded in Volume 1054, Page 117 of said Deed
Records;
THENCE N 45°00'47" E, along a southeast line of said Tract 2,
passing a southeast corner of said Tract 2 and the southernmost
corner of The Highlands of Heath Addition, as recorded in Cabinet D,
Slides 129 and 130 of the Plat Records of Rockwall County, Texas, in
all a total distance of 1064.37 feet to a 1/2" iron rod set with
yellow plastic cap marked "R.P.L.S. 5305";
THENCE N 45°10'01" E, continuing along the southeast line of
The Highlands of Heath Addition, and passing at a distance of
1110.90 feet to a 1/2" iron rod found for the easternmost corner of
Lot 27, Block 1 of said Addition and the southernmost corner of
aforesaid called 0.504 acre tract, in all a total distance of
1319.48 feet to the Point of Beginning and containing 65.99 acres or
2874.673 square feet of land more or less.
TRACT 3
BEING all that certain lot, tract or parcel of land, situated
in the Joshua Canter Survey, Abstract No. 53, Rockwall County,
Texas, and being more particularly described as follows:
BEGINNING at a point in the center of a county road that is
3049.9 feet S 45° 58' W from the north corner of said Canter Survey;
THENCE S 40° 57' E, a distance of 2883.1 feet to a point in the
center of Rush Creek;
THENCE in a southerly direction, down the center of Rush
Creek as follows: S 01° 00' W a distance of 164.1 feet; N 81° 18' E, a
distance of 233.4 feet; S 37° 05' W, a distance of 177.9 feet; S 83°
58' W, a distance of 171.2 feet; N 54° 26' W, a distance of 243.7
feet; N 75° 58' W, a distance of 1.7 feet;
THENCE N 40° 57' W, a distance of 2814.9 feet to a point in the
center of said county road;
THENCE N 45° 58' E, along the center of said road, a distance
of 284.9 feet to the POINT OF BEGINNING and containing 20.00 acres
of land.
TRACT 4
BEING a tract of 20.00 acres in the Joshua Canter Survey,
Abstract No. 53, Rockwall County, Texas; and being more
particularly described as follows:
BEGINNING at a point in the center of a county road that is
2739.2 feet S 45° 58' W from the north corner of said Canter Survey;
THENCE S 40° 57' E, 2866.4 feet to a point in the center of
Rush Creek;
THENCE in a southerly direction down the center of Rush Creek
as follows: S 31° 41 W 35.1 feet; S 83° 33' W 268.4 feet; S 31° 33' E
140.6 feet; S 01° 00' W 48.8 feet;
THENCE N 40° 57' W, 2883.1 feet to a point in the center of
said road;
THENCE N 45° 58' E, along the center of said road, 310.7 feet
to the POINT OF BEGINNING and containing 20.00 acres of land.
TRACT 5
BEING a tract of land situated in the J. Canter Survey,
Abstract No. 53, and being a portion of a called 6.674 acre tract of
land (called Tract One), and a 9.106 acre tract of land (called
Tract Two) described in the Deed to Stewart I. Kipness recorded in
Volume 601, Page 48, and also a portion of a called 14.923 acre
tract of land described by Deed to Stewart Kipness recorded in
Volume 1012, Page 27 of the Deed Records of Rockwall County, Texas
(D.R.R.C.T.), and being more particularly described as follows:
BEGINNING at a 60D nail found near a fence corner post at the
west corner of said 6.674 acre tract, also for the south corner of a
tract of land described by deed to H.D. Akins recorded in Volume
148, Page 852, D.R.R.C.T.;
THENCE N 45°10'18" E along the common line of said 6.674 acre
tract and said Akins Tract and generally along a barbed wire fence,
for a distance of 1217.50 feet to a 5/8" iron rod with cap stamped
R.P.L.S. 5430 set for corner;
THENCE S 33°08'53" E along a wire fence, for a distance of
625.59 feet to a 5/8" iron rod with cap stamped R.P.L.S. 5430 set at
an angle point in said wire fence;
THENCE N 60°29'05" E continuing along said wire fence, for a
distance of 82.03 feel to a 5/8" iron rod with cap stamped R.P.L.S.
5430 set at an angle point in said wire fence;
THENCE S 30°11'17" E continuing along said wire fence, for a
distance of 165.60 feet to a 5/8" iron rod with cap stamped R.P.L.S.
5430 set on the southeast line of the aforementioned 14.923 acre
tract, and from which a 1/2" iron rod with cap stamped "D.A.I."
found at the east corner of said 14.923 acre tract bears N 45°13'08"
E, a distance of 444.58 feet;
THENCE S 45°13'08" W along the southeast line of said 14.923
acre tract, for a distance of 1126.52 feet to a 1/2" iron rod with
cap stamped "D.A.I." found at the south corner of same, also lying
on a northeasterly line of a tract of land described by Deed to
Whittle Development recorded in Volume 3874, Page 120, D.R.R.C.T.;
THENCE N 44°56'35" W along the common line of said Whittle
Tract, said 14.923 acre tract, said 9.106 acre tract, and said 6.674
acre tract and generally along a barbed wire fence, for a distance
of 793.59 feet to the PLACE OF BEGINNING, and containing 914,523
square feet or 20.995 acres of land more or less.
TRACT 6
BEING a tract of land in the I. Briscoe Survey, Abstract No.
38, Rockwall County and the I. Briscoe Survey, Abstract No. 57,
Kaufman County, Texas, and being the residue of a called 75 acre
tract of land described in Deed to Letha J. Townsend as recorded in
Volume 27, Page 151, Deed Records, Rockwall County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at a point in the center of Hubbard Drive. a public
right-at-way, and the southeast corner of Misty Bend Addition, an
addition to the City of Heath as recorded in Cabinet A, Slide 359,
Plat Records, Rockwall County, Texas;
THENCE S 02°51'38' E, 459.37 feet with the center of said
Hubbard Drive to a P.K. Nail with shiner found, being an ell corner
of a tract of land described in deed to Whittle Development, Inc. as
recorded in Volume 2055, Page 522, Deed Records, Kaufman County,
Texas;
THENCE S 88°45'26" W, 286.47 feet along the southerly north
line of said Whittle Tract to a concrete monument found in the
easterly line of a tract of land described in deed to the City of
Dallas as recorded in Volume 78, Page 260, Deed Records, Rockwall
County, Texas;
THENCE N 53°16'08" W, 300.52 feet leaving said Whittle Tract
and continue along the easterly line of said City of Dallas tract to
a Concrete Monument found;
THENCE N 30°47'32" W, 299.33 feet with the easterly line of
said City of Dallas tract to a 3/8" iron rod found at the southwest
corner of the aforesaid Misty Bend Addition;
THENCE N 87°32'56" E, (the bearing base for this survey),
658.16 feet along the south line of said Misty Bend Addition to the
POINT Of BEGINNING and containing 5.329 gross acres of which 0.264
acres lie within the roadway leaving 5.065 net acres of land, more
or less.
TRACT 7
BEING a tract of land situated in the Joshua Canter Survey,
Abstract No. 53 and being a part of a 63.0 acre tract recorded in
Volume 47, Page 328, Deed Records of Rockwall County, Texas and more
particularly described as follows:
BEGINNING at the southerly northwest corner of a 61.302 acre
tract recorded in Volume 90, Page 403, Deed Records of Rockwall
County, Texas and on the easterly right-of-way of a public road;
THENCE S 87°55'10" E, 272.64 feet to an iron rod for corner;
THENCE N 09°47'59" E, 309.97 feet to the Northerly Northwest
corner of said 61.302 acre tract;
THENCE N 67°46'50" W, with the City of Dallas take line, 99.25
feet to an iron rod for corner;
THENCE N 78°12'40" W, with the City of Dallas take line, 225.3
feel to the east right-of-way of a public road;
THENCE S 08°01'20" W, with the east right-of-way of said
public road, 89.0 feet to an iron rod for corner;
THENCE S 00°04'22" W, with the east right-of-way of said
public road, 290.98 feet to the PLACE OF BEGINNING and containing
2.420 acres of land, more or less.
TRACT 8
BEING a tract of land situated in the Joshua Canter Survey,
Abstract No. 53, City of Heath, Rockwall County, Texas, and also
being part of a 61.48 acre tract as recorded in Volume 140, Page
237, Deed Records, Rockwall County, Texas, and being more
particularly described as follows:
BEGINNING at a point on the east line of Hubbard Drive, said
point being the most Westerly Northeast corner of said 61.48 acre
tract, a fence corner post for corner;
THENCE S 37°47'37" E, leaving the said east line of Hubbard
Drive, a distance of 272.18 feet to an iron pipe found for corner;
THENCE N 10°04'17" E, a distance of 310.32 feet to a 1/2" iron
stake set for corner;
THENCE S 67°46'50" E along the Take Line of Lake Ray Hubbard, a
distance of 236.18 feet to a 1/2" iron stake set for corner;
THENCE S 22°13'10" W, a distance of 315.50 feet to a 1/2" iron
stake set for corner;
THENCE N 87°47'27" W, a distance of 424.47 feet to a point on
the east line of Hubbard Drive, a 1/2" iron stake set for corner;
THENCE N 01°10'14" W, along the east line of Hubbard Drive, a
distance of 70.00 feet to the PLACE OF BEGINNING and containing 2.00
acres or land.
TRACT 9
BEING a 199.468 acre tract of land situated in the J. Canter
Survey, Abstract No. 53 and the J. Canter Survey, Abstract No. 85 in
Kaufman County and Rockwall County, Texas, and being part of a 2.399
acre tract of land described in Deed to Travis Ranch Development,
L.P., as recorded in Volume 1991, Page 50, Deed Records, Kaufman
County, Texas (D.R.K.C.T.) and Volume 2518, Page 56, Deed Records,
Rockwall County, Texas (D.R.R.C.T.). Bearing basis is the east
line of said 2.399 acre tract, said 153.100 acre tract, being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod with yellow cap stamped "Carter
Burgess" set on the west right-of-way line of FM 740 (90°
right-of-way);
THENCE along said west right-of-way line of FM 740, and the
common east line of said 2.399 acre tract, the following courses; N
43°55'15" E, a distance of 403.94 feet to a point for the beginning
of a tangent curve to the left, from which a concrete right-of-way
monument found bears S 45°48'34" E, a distance of 1.00 feet;
northeasterly, along said tangent curve to the left having a radius
of 1387.41 feet, a central angle of 39°46'53", an arc length of
963.30 feet, a chord bearing of N 24°01'48" E, and a chord length of
944.07 feet, to a 5/8" iron with a plastic cap stamped "Carter
Burgess" set for POINT OF BEGINNING:
THENCE over and across said 2.399 acre tract the following
courses; S 88°53'33" W, a distance of 3247.44 feet to a 5/8" iron
with a plastic cap stamped "Carter Burgess" set; N 01°06'27" W, a
distance of 303.90 feet to a 5/8" iron with a plastic cap stamped
"Carter Burgess" set for the beginning of a tangent curve to the
right; northeasterly, along said curve to the right having a radius
of 630.00 feet, a central angle of 48°17'16", an arc length of 530.95
feet, a chord bearing of N 23°02'11" E, and a chord length of 515.38
feet, to a 5/8" iron with a plastic cap stamped "Carter Burgess"
set; N 61°02'29" W, a distance of 577.50 feet to a 5/8" iron with a
plastic cap stamped "Carter Burgess" set; S 28°57'31" W, a distance
of 1228.86 feet to a 5/8" iron with a plastic cap stamped "Carter
Burgess" set; S 88°53'33" W, a distance of 2081.92 feet to a 5/8"
iron with a plastic cap stamped "Carter Burges" set on the east line
of a 17.63 acre tract of land described in a deed as Parcel VI, to
the City of Dallas, as recorded in Volume 10, Page 323, D.R.K.C.T.;
THENCE N 30°24'08" E, along the east line of said 17.63 acre
tract, a distance of 25.27 feet to a 5/8" iron with a plastic cap
stamped "Carter Burgess" set for the beginning of a non-tangent
curve to the left;
THENCE departing said east line of said 17.63 acre tract,
over and across said 2.399 acre tract the following courses;
northeasterly, along said curve to the left having a radius of
2640.00 feet, a central angle of 77°36'44", an arc length of 3576.11
feet, a chord bearing of N 38°10'21" E, and a chord length of 3308.91
feet, to a 5/8" iron with a plastic cap stamped "Carter Burgess"
set; S 89°45'27" E, a distance of 1582.82 feet to a 1/2" iron rod
found for the west corner of a 11.993 acre tract of land described
in deed to Lloyd N. Fiedler, DVM and Dawn Fiedler, recorded in
Volume 1252, Page 10, D.R.R.C.T.;
THENCE S 45°36'58" E, a distance of 1982.04 feet to a 3/8" iron
rod found for the south corner of a 23.75 acre tract of land
described in deed to Thomas A. Shaw and Jean P. Shaw, recorded in
Volume 71, Page 117, D.R.R.C.T.;
THENCE N 43°51'08" E, along the southeast line of said Shaw
tract, a distance of 548.15 feet to a 3/8" iron rod found for the
west corner of a 0.10 acre tract, called Tract 2, as described in
deed to Dale E. Pratz and Sandra L. Pratz, recorded in Volume 1447,
Page 153, D.R.R.C.T;
THENCE S 45°30'20" E, along the southwest line of said Pratz
Tract, a distance of 98.50 feet to a point from which a 1/2" iron rod
found bears N 48°58'52" W, a distance of 0.40 feet, said point being
in the west right-of-way line of the aforementioned FM 740, also
being the beginning of a non-tangent curve to the left;
THENCE along the west right-of-way line of said FM 740 and the
east line of said 2.399 acre tract, the following courses;
southeasterly, along said non-tangent curve to the left having a
radius of 194.85 feet, a central angle of 27°15'49", an arc length of
92.72 feet, and a long chord that bears S 31°52'25" E, a distance of
91.85 feet to a 1/2" iron rod with yellow cap stamped "Halff Assoc.,
Inc." found; S 45°30'20" E, a distance of 372.78 feet to a point from
which a concrete right-of-way monument found bears N 39°11'25" W, a
distance of 0.61 feet; S 44°18'15" W, a distance of 4.90 feet to a
point from which a concrete right-of-way monument found bears N
79°44'39" W, a distance of 0.57 feet, said point also being the
beginning of a non-tangent curve to the right; southeasterly, along
said non-tangent curve to the left having a radius of 1387.41 feet,
a central angle of 49°50'07", an arc length of 1206.75 feet, a chord
bearing of S 20°46'42" E, and a chord length of 1169.07 feet, to the
POINT OF BEGINNING and containing 199.468 acres of land, more or
less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) 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 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3859 was passed by the House on May
13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3859 on May 26, 2011, by the following vote: Yeas 141, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3859 was passed by the Senate, with
amendments, on May 24, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor