Bill Text: TX HB3914 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
83R21936 JXC-F | |||
By: Sanford | H.B. No. 3914 | ||
Substitute the following for H.B. No. 3914: | |||
By: Stickland | C.S.H.B. No. 3914 |
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relating to the creation of the Old Celina Municipal Management | ||
District No. 1; providing authority to issue bonds; providing | ||
authority to impose an assessment or fee. | ||
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 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 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 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 appointed by the governing | ||
body of the city. | ||
(b) Directors serve staggered terms of four years, with two | ||
or three directors' terms expiring May 31 of each even-numbered | ||
year. | ||
Sec. 3919.052. 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. 3919.053. 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. 3919.054. OFFICERS. The board shall elect from among | ||
the directors a chair, a vice chair, and a secretary. | ||
Sec. 3919.055. COMPENSATION; EXPENSES. (a) The district | ||
shall compensate each director as provided by Section 49.060, Water | ||
Code. | ||
(b) A director is entitled to reimbursement for necessary | ||
and reasonable expenses incurred in carrying out the duties and | ||
responsibilities of a director. | ||
Sec. 3919.056. 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. 3919.057. BOARD MEETINGS. The board shall hold | ||
meetings at a place accessible to the public. | ||
Sec. 3919.058. REMOVAL OF DIRECTORS. The governing body of | ||
the city may remove a director appointed under Section 3919.051(a) | ||
at any time for cause or at will. | ||
Sec. 3919.059. INITIAL DIRECTORS. (a) The initial board | ||
consists of five directors appointed by the governing body of the | ||
city. | ||
(b) Of the initial directors, the terms of two directors | ||
expire May 31, 2016, and the terms of three directors expire May 31, | ||
2014. | ||
(c) The governing body of the city shall determine which | ||
directors' terms expire 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) Not later than | ||
the 30th day before the date the board imposes an annual assessment, | ||
the board shall 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 2. The Old Celina Municipal Management District No. | ||
1 initially includes all the territory contained in the following | ||
area: | ||
West Tract | ||
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. | ||
East Tract | ||
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 | ||
EXHIBIT "A" | ||
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. | ||
Exhibit "A" | ||
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. | ||
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. | ||
Reservation from and Exceptions to Conveyance and Warranty: | ||
Any portion of the property described herein within the limits or | ||
boundaries of any public or private roadway and/or highway, | ||
including, but not limited to, that portion of the subject property | ||
in County Road No. 8. | ||
Right-of-way easement executed.by Douglas J. Barker dba Barker | ||
Bros. Land & Cattle Company to County of Collin, dated January 2, | ||
1991, recorded in Volume 3421, Page 192, of the Deed Records of | ||
Collin County, Texas. | ||
EXHIBIT "A" | ||
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. | ||
LEGAL DESCRIPTION | ||
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. | ||
EXHIBIT "A" | ||
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. | ||
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. | ||
EXHIBIT "A" | ||
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 3 | ||
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. | ||
EXHIBIT "A" | ||
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. | ||
EXHIBIT A | ||
TRACT I - Re-Survey | ||
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. | ||
TRACT II - Correct | ||
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. | ||
EXHIBIT A | ||
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. | ||
EXHIBIT B | ||
"PERMITTED EXCEPTIONS" | ||
1. Easement granted by Joe F. Willard to County of Collin, filed | ||
10/02/1997, recorded in Volume 4010, Page 569, Land Records of | ||
Collin County, Texas, and as shown on survey of G.M. Geer, R.P.L.S. | ||
#3258, dated 12/30/2002. | ||
2. Easement rights, if any, relative to the overhead electric line | ||
and poles as - shown on survey of G.M. Geer, R.P.L.S. #3258, dated | ||
12/30/2002. | ||
3. That portion of the property lying within the right-of-way of | ||
County Road No. 1117 as shown on survey of G.M. Geer, R.P.L.S. | ||
#3258, dated. 12/30/2002. | ||
4. Standby fees, taxes and assessments by any taxing authority for | ||
the year 2003, and subsequent years. | ||
EXHIBIT "A1" | ||
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. | ||
EXHIBIT "A" | ||
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. | ||
EXHIBIT "A" | ||
Legal Description | ||
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. | ||
Exhibit A | ||
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. | ||
Exhibit A | ||
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: | ||
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. | ||
Exhibit A | ||
Being a 9.426 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. | ||
Exhibit A | ||
BEING a 9.426 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 9.428 | ||
acres of computed land. | ||
Exhibit A | ||
Tract One | ||
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 | ||
Exhibit | ||
Tract Three | ||
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 | ||
Exhibit A | ||
Tract Two | ||
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. | ||
Exhibit "A" 4 5 5 1 1849 | ||
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 Northwest | ||
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, 100.50 feet 1/2 | ||
inch iron rod set; | ||
North 14 degrees 22 minutes 00 seconds East, 300.67 feet 1/2 | ||
inch-iron-rod set; | ||
THENCE North 18 degrees 11 minutes 00 seconds East following the | ||
East ROW line of State Highway No. 289 a distance of 200.09 feet to a | ||
1/2 inch iron rod set for corner at the Southwest corner-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 555.09 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 2,427,096 square feet or 55.718 | ||
acres of land, more or less. | ||
Exhibit A | ||
BEING a 2.59 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 more particularly described as follows: | ||
COMMENCING 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); | ||
THENCE North 88 degrees 04 minutes 32 seconds East, along the South | ||
line of said called 8.755 acre tract, a distance of 340.00 feet to a | ||
112 inch iron rod set for corner, said point being the POINT OF | ||
BEGINNING; | ||
THENCE North 88 degrees 04 minutes 32 seconds East, continuing | ||
along the South line of said called 8.755 acre tract, a distance of | ||
63.90 feet to a 1/2 inch iron rod set for corner; | ||
THENCE South 18 degrees 11 minutes 00 seconds West, through the | ||
interior of said called 125.871 acre tract, a distance of 602.60 | ||
feet to a 1/2 inch iron rod set for corner; | ||
THENCE South 88 degrees 04 minutes 32 seconds West, through the | ||
interior of said called 125.871 acre tract, a distance of 372.79 | ||
feet to a 1/2 inch iron rod set for corner, said point being in the | ||
East right-of-way line of said State Highway No. 289; | ||
THENCE North 12 degrees 28 minutes 00 seconds East, along the East | ||
right-of-way line of said State Highway No. 289, a distance of 92.27 | ||
feet to a 1/2 Inch Iron rod set for corner; | ||
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 | ||
155.95 feet to a 1/2 inch iron rod set for corner; | ||
THENCE North 88 degrees 04 minutes 32 seconds East, through the | ||
interior of said called 125.871 acre tract, a distance of 329.74 | ||
feet to a 1/2 inch iron rod set for corner; | ||
THENCE North 18 degrees 11 minutes 00 seconds East, through the | ||
interior of said called 125.871 acre tract, a distance of 348.02 | ||
feet to the POINT OF BEGINNING and CONTAINING 112,734 square feet or | ||
2.59 acres of computed land, more or less. | ||
EXHIBIT A | ||
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. | ||
EXHIBIT B | ||
"PERMITTED EXCEPTIONS" | ||
1. Thirty foot (30') wide easement granted by George Wu to the | ||
County of Collin, filed 05/26/1998, recorded in Volume 4172, Page | ||
204, Land Records of Collin County, Texas, and as shown on survey of | ||
F. E. Bemenderfer, Jr., R.P.L.S. #4051, dated 07/11/2002, last | ||
revised 07/22/2002. | ||
2. That portion of the property lying within the right of way of | ||
County Road No. 1211 and County Road No. 91, as shown on the survey | ||
of F. E. Bemenderfer, Jr., R.P.L.S. #4051, dated 07/11/2002, last | ||
revised 07/22/2002. | ||
3. Mineral estate and interest described in instrument filed | ||
11/16/1983, recorded in Volume 1775, Page 454, Land Records of | ||
Collin County, Texas. Title to said interest not checked, | ||
subsequent to the date thereof. As noted on survey of F. E. | ||
Bemenderfer, Jr., R.P.L.S. #4051, dated 07/11/2002, last revised | ||
07/22/2002. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, | ||
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 4. This Act takes effect September 1, 2013. |