Bill Text: TX HB4268 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the creation of the Celina Municipal Management District No. 2; providing authority to issue bonds and impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective on 9/1/17 [HB4268 Detail]
Download: Texas-2017-HB4268-Enrolled.html
H.B. No. 4268 |
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relating to the creation of the Celina Municipal Management | ||
District No. 2; providing authority to issue bonds and impose | ||
assessments, fees, and taxes. | ||
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 3798 to read as follows: | ||
CHAPTER 3798. CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3798.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Celina, Texas. | ||
(3) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Celina Municipal Management | ||
District No. 2. | ||
Sec. 3798.002. CREATION AND NATURE OF DISTRICT. The | ||
district is a special district created under Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution. | ||
Sec. 3798.003. 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 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 services provided in the | ||
district. | ||
Sec. 3798.004. 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; | ||
(3) develop or expand transportation and commerce; and | ||
(4) provide quality residential housing. | ||
(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. 3798.005. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 2 of the Act enacting | ||
this chapter, as that territory may have been modified under other | ||
law. | ||
(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 3798.251 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. 3798.006. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3798.007. CONSTRUCTION OF CHAPTER. This chapter shall | ||
be liberally construed in conformity with the findings and purposes | ||
stated in this chapter. | ||
Sec. 3798.008. CONFLICTS OF LAW. This chapter prevails | ||
over any provision of Chapter 375, Local Government Code, that is in | ||
conflict or inconsistent with this chapter. | ||
Sec. 3798.009. CONSENT OF MUNICIPALITY REQUIRED. The board | ||
may not hold an election to authorize the issuance of bonds until | ||
the governing body of the city by ordinance or resolution consents | ||
to the creation of the district and to the inclusion of land in the | ||
district. The city's consent must be granted in the manner provided | ||
by Section 54.016, Water Code, for including land within the | ||
corporate limits or extraterritorial jurisdiction of a city. | ||
Sec. 3798.010. EFFECT OF ANNEXATION. Notwithstanding any | ||
other law, if all or any part of the territory of the district is | ||
annexed by the city into the city's corporate limits, the district | ||
retains all of the district's outstanding debt and obligations and | ||
continues to operate under this chapter until the district is | ||
dissolved under Subchapter G. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3798.051. GOVERNING BODY; TERMS. The district is | ||
governed by a board of five directors who serve staggered terms of | ||
four years, with two or three directors' terms expiring June 1 of | ||
each even-numbered year. One director is appointed by the city, and | ||
four directors are appointed by the commission as provided by | ||
Sections 3798.052 and 3798.053, respectively. | ||
Sec. 3798.052. APPOINTMENT AND REMOVAL OF DIRECTOR | ||
APPOINTED BY CITY. (a) The governing body of the city shall | ||
appoint one director who must be: | ||
(1) at least 18 years of age; and | ||
(2) a resident of the city. | ||
(b) At any time the governing body of the city may remove the | ||
director appointed by the city and appoint a director to serve the | ||
remainder of the removed director's term. | ||
Sec. 3798.053. APPOINTMENT BY COMMISSION. (a) Before the | ||
term of a director other than a director appointed under Section | ||
3798.052 expires, the board shall recommend to the commission the | ||
appropriate number of persons to serve as successor directors. The | ||
commission shall appoint as directors the persons recommended by | ||
the board. | ||
(b) A person recommended by the board under Subsection (a) | ||
must be: | ||
(1) at least 18 years of age; | ||
(2) an owner of property in the district; | ||
(3) an owner of stock, whether beneficial or | ||
otherwise, of a corporate owner of property in the district; | ||
(4) an owner of a beneficial interest in a trust that | ||
owns property in the district; or | ||
(5) an agent, employee, or tenant of a person | ||
described by Subdivision (2), (3), or (4). | ||
Sec. 3798.054. VACANCY. If a vacancy occurs on the board, | ||
the remaining directors shall appoint a director for the remainder | ||
of the unexpired term. | ||
Sec. 3798.055. DIRECTOR'S OATH OR AFFIRMATION. (a) 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. | ||
(b) A director shall file a copy of the director's oath or | ||
affirmation with the secretary of the city. | ||
Sec. 3798.056. OFFICERS. The board shall elect from among | ||
the directors a chair, a vice chair, and a secretary. The offices | ||
of chair and secretary may not be held by the same person. | ||
Sec. 3798.057. COMPENSATION; EXPENSES. (a) The district | ||
may compensate each director in an amount not to exceed $50 for each | ||
board meeting. The total amount of compensation a director may | ||
receive each year may not exceed $2,000. | ||
(b) A director is entitled to reimbursement for necessary | ||
and reasonable expenses incurred in carrying out the duties and | ||
responsibilities of the board. | ||
Sec. 3798.058. 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 a director against personal liability and from | ||
all claims relating to: | ||
(1) actions taken by the director in the director's | ||
capacity as a member of the board; | ||
(2) actions and activities taken by the district; or | ||
(3) the actions of others acting on behalf of the | ||
district. | ||
Sec. 3798.059. NO EXECUTIVE COMMITTEE. The board may not | ||
create an executive committee to exercise the powers of the board. | ||
Sec. 3798.060. BOARD MEETINGS. The board shall hold | ||
meetings at a place that is accessible to the public and located in | ||
the district or in the city. | ||
Sec. 3798.061. INITIAL DIRECTORS. (a) On or after | ||
September 1, 2017, the owner or owners of a majority of the assessed | ||
value of the real property in the district according to the most | ||
recent certified tax appraisal rolls for the county may submit a | ||
petition to the commission requesting that the commission appoint | ||
as initial directors the four persons named in the petition. The | ||
commission shall appoint as initial directors the four persons | ||
named in the petition. | ||
(b) The governing body of the city shall appoint one initial | ||
director. | ||
(c) The initial directors shall determine by lot which three | ||
positions expire June 1, 2019, and which two positions expire June | ||
1, 2021. | ||
(d) This section expires September 1, 2019. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3798.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3798.102. IMPROVEMENT PROJECTS AND SERVICES. (a) | ||
Subject to Subsection (b), the district may provide, design, | ||
construct, acquire, improve, relocate, operate, maintain, or | ||
finance an improvement project or service using money available to | ||
the district, or contract with a governmental or private entity to | ||
provide, design, construct, acquire, improve, relocate, operate, | ||
maintain, or finance an improvement project or service authorized | ||
under this chapter or Chapter 375, Local Government Code. | ||
(b) The district may not construct or finance an improvement | ||
project, other than a water, sewer, or drainage facility or road, | ||
unless the governing body of the city by ordinance or resolution | ||
consents to the construction or financing. | ||
(c) The district may issue bonds, notes, or other | ||
obligations to maintain or repair an existing improvement project | ||
only if the governing body of the city by ordinance or resolution | ||
consents to the issuance. | ||
Sec. 3798.103. LOCATION OF IMPROVEMENT PROJECT. A district | ||
improvement project may be located inside or outside of the | ||
district. | ||
Sec. 3798.104. OWNERSHIP OF IMPROVEMENT PROJECTS. (a) | ||
Before a district improvement project may be put into operation, | ||
the district must transfer ownership of the project to the city. | ||
(b) The transfer of ownership is complete on the city's | ||
acceptance of ownership. | ||
Sec. 3798.105. RETAIL WATER AND SEWER SERVICES PROHIBITED. | ||
The district may not provide retail water or sewer services. | ||
Sec. 3798.106. ADDING OR REMOVING TERRITORY. (a) Subject | ||
to Subsections (b), (c), and (d), the board may add or remove | ||
territory as provided by Subchapter J, Chapter 49, Water Code. | ||
(b) The district may add territory as described by | ||
Subsection (a) only if the governing body of the city by ordinance | ||
or resolution consents to the addition. | ||
(c) The district and all districts created under Subchapter | ||
D collectively may add a total area of not more than 100 acres. | ||
(d) Territory added under Subsection (a) must be contiguous | ||
to the district at the time of the addition. | ||
Sec. 3798.107. NO EMINENT DOMAIN. The district may not | ||
exercise the power of eminent domain. | ||
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
Sec. 3798.151. DIVISION OF DISTRICT; PREREQUISITES. The | ||
district, including territory added to the district under Section | ||
3798.106, may be divided into two or more new districts only if the | ||
district has no outstanding bonded debt. Territory previously | ||
added to the district under Section 3798.106 may be included in a | ||
new district. | ||
Sec. 3798.152. LAW APPLICABLE TO NEW DISTRICT. This | ||
chapter applies to any new district created by division of the | ||
district, and a new district has all the powers and duties of the | ||
district. | ||
Sec. 3798.153. DIVISION PROCEDURES. (a) The board, on its | ||
own motion or on receipt of a petition signed by an owner of real | ||
property in the district, may adopt an order proposing to divide the | ||
district. | ||
(b) If the board decides to divide the district, the board | ||
shall: | ||
(1) set the terms of the division, including names for | ||
the new districts and a plan for the payment or performance of any | ||
outstanding district obligations; | ||
(2) prepare a metes and bounds description for each | ||
proposed district; and | ||
(3) appoint four initial directors for each new | ||
district. | ||
(c) The governing body of the city shall appoint one | ||
director for each new district. | ||
Sec. 3798.154. CONTRACT AUTHORITY OF NEW DISTRICTS. The | ||
new districts may contract with each other for any matter the boards | ||
of the new districts consider appropriate, including the joint | ||
construction or financing of a utility improvement. | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3798.201. 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. 3798.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may acquire, construct, or finance an improvement | ||
project or service authorized by this chapter or Chapter 375, Local | ||
Government Code, using any money available to the district. | ||
Sec. 3798.203. METHOD OF NOTICE FOR HEARING. The district | ||
may mail the notice required by Section 375.115(c), Local | ||
Government Code, by certified or first class United States mail. | ||
The board shall determine the method of notice. | ||
Sec. 3798.204. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||
The board by resolution may impose and collect an assessment for any | ||
purpose authorized by this chapter in all or any part of the | ||
district. | ||
(b) An assessment, a reassessment, or an assessment | ||
resulting from an addition to or correction of the assessment roll | ||
by the district, penalties and interest on an assessment or | ||
reassessment, an expense of collection, and reasonable attorney's | ||
fees incurred by the district are: | ||
(1) a first and prior lien against the property | ||
assessed; | ||
(2) superior to any other lien or claim other than a | ||
lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) the personal liability of and a charge against the | ||
owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(c) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(d) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
(e) The district may not impose an assessment on a | ||
municipality, county, or other political subdivision. | ||
Sec. 3798.205. NOTICE OF ASSESSMENTS. Annually, the board | ||
shall file with the secretary of the city written notice 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. | ||
SUBCHAPTER F. TAXES AND BONDS | ||
Sec. 3798.251. BONDS AND OTHER OBLIGATIONS. (a) The | ||
district may issue, by public or private sale, bonds, notes, or | ||
other obligations payable wholly or partly from ad valorem taxes or | ||
assessments in the manner provided by Subchapter A, Chapter 372, or | ||
Subchapter J, Chapter 375, Local Government Code. Sections | ||
375.207(a) and (b), Local Government Code, do not apply to the | ||
district. | ||
(b) In exercising the district's borrowing power, the | ||
district may issue a bond or other obligation in the form of a bond, | ||
note, certificate of participation or other instrument evidencing a | ||
proportionate interest in payments to be made by the district, or | ||
other type of obligation. | ||
(c) In addition to the sources of money described by | ||
Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local | ||
Government Code, district bonds may be secured and made payable | ||
wholly or partly by a pledge of any part of the money the district | ||
receives from improvement revenue or from any other source. | ||
(d) Not later than the 30th day before the date the district | ||
holds a bond sale, the district shall provide the governing body of | ||
the city written notice of the sale. | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 3798.301. DISSOLUTION BY CITY ORDINANCE. (a) The | ||
governing body of the city may dissolve the district by ordinance. | ||
(b) The governing body may not dissolve the district until: | ||
(1) water, sanitary, sewer, and drainage improvements | ||
and roads have been constructed to serve at least 90 percent of the | ||
developable territory of the district; and | ||
(2) the district has reimbursed each party that has an | ||
agreement with the district for all costs advanced to or on behalf | ||
of the district. | ||
(c) Until the district is dissolved, the district is | ||
responsible for all bonds and other obligations of the district. | ||
Sec. 3798.302. 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, other than revenue from ad valorem taxes, the city shall | ||
succeed 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. | ||
Sec. 3798.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a) | ||
After the city dissolves the district, the city assumes, subject to | ||
the appropriation and availability of funds, 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. | ||
SUBCHAPTER Z. SPECIAL BOND PROVISIONS | ||
Sec. 3798.901. APPLICABILITY. This subchapter applies only | ||
to bonds payable wholly or partly from revenue derived from | ||
assessments on real property in the district. | ||
Sec. 3798.902. CONFLICT OF LAWS. In the event of a conflict | ||
between this subchapter and any other law, this subchapter | ||
prevails. | ||
Sec. 3798.903. WRITTEN AGREEMENT REGARDING SPECIAL | ||
APPRAISALS. Before the district may issue bonds, the district and | ||
any person to whom the board intends that proceeds of the bonds be | ||
distributed, including the developer, another owner of land in the | ||
district, and any entity acting as a lender to the developer or | ||
other landowner for the purpose of a project relating to the | ||
district, must enter into a written agreement that: | ||
(1) waives for the term of the agreement the right to a | ||
special appraisal with respect to taxation by the district under | ||
Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and | ||
(2) remains in effect for 30 years and is binding on | ||
the parties, on entities related to or affiliated with the parties, | ||
and on their successors and assignees. | ||
Sec. 3798.904. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A | ||
district may not advertise for an issuance of bonds until the | ||
completion of at least 25 percent of the projected value of the | ||
improvements, including houses and other buildings, that are liable | ||
for district assessments and necessary to support the district | ||
bonds. | ||
Sec. 3798.905. REQUIREMENTS FOR BOND ISSUE. The district | ||
may not issue bonds until: | ||
(1) the district submits to the commission: | ||
(A) an engineer's report describing the project | ||
for which the bonds will provide funding, including data, profiles, | ||
maps, plans, and specifications related to the project; and | ||
(B) a cash flow analysis to determine the | ||
projected rate of assessment, which includes the following | ||
assumptions: | ||
(i) each ending balance for debt service in | ||
the analysis is not less than 25 percent of the following year's | ||
debt service requirement; | ||
(ii) interest income is only shown on the | ||
ending balance for debt service for the first two years; and | ||
(iii) the projected rate of assessment is | ||
level or decreasing for the life of the bonds issued by the | ||
district; | ||
(2) the completion of at least 75 percent of the | ||
projected value of the improvements, including houses and other | ||
buildings, that are liable for district assessments and necessary | ||
to support the district bonds; and | ||
(3) the district has obtained an independent market | ||
study from a firm recognized in the area of real estate market | ||
analysis supporting the development projects for the real property | ||
that is liable for district assessments and necessary to support | ||
the district bonds. | ||
Sec. 3798.906. REQUIREMENTS FOR COLLECTION OF REVENUE TO | ||
PAY BONDS. The district may not collect an assessment to be used | ||
for the payment of bonds until: | ||
(1) the completion of at least 95 percent of the | ||
underground water, wastewater, and drainage facilities financed | ||
from bond proceeds that are necessary to serve the projected | ||
build-out, as certified by the district's engineer; | ||
(2) the district or other appropriate party has | ||
secured the groundwater, surface water, and water discharge permits | ||
that are necessary to secure capacity to support the projected | ||
build-out; | ||
(3) the completion of at least 95 percent of lift | ||
station, water plant, and sewage treatment plant capacity | ||
sufficient to serve the connections constructed in the project for | ||
a period of not less than 18 months, as certified by the district's | ||
engineer; and | ||
(4) the completion of at least 95 percent of the | ||
streets and roads that are necessary to provide access to the areas | ||
served by utilities and financed by the proceeds of bonds issued by | ||
the district, as certified by the district's engineer and | ||
constructed in accordance with municipal or county standards. | ||
SECTION 2. The Celina Municipal Management District No. 2 | ||
initially includes all the territory contained in the following | ||
area: | ||
BEING a tract of land situated in the William H. Herron Survey, | ||
Abstract No. 380, the Daniel Howell Survey, Abstract No. 394, Mary | ||
Howell Survey, Abstract No. 396 Benjamin Haile Survey, Abstract | ||
No. 397, Martha Herron Survey, Abstract No. 415, George Jay Survey, | ||
Abstract No. 488 and the Isaac Walker Survey, Abstract No. 1056, | ||
City of Celina, Collin County, Texas, and being all of a called | ||
450.71-acre tract of land, conveyed to Central Frisco, Ltd., as | ||
evidenced in a Special Warranty Deed, recorded in Instrument | ||
No. 2008030600026870 of the Official Public Records of Collin | ||
County, Texas, all of a called "Tract A" (43.777 acres) and a called | ||
"Tract B" (2.500 acres), conveyed to Eland Energy, Inc., as | ||
evidenced in a Special Warranty Deed, recorded in Instrument | ||
No. 20150722000903310 of the Official Public Records of Collin | ||
County, Texas, all of a called 272.545-acre tract of land, conveyed | ||
to Eland Energy, Inc., as evidenced in a Special Warranty Deed, | ||
recorded in Instrument No. 20150722000903300 of the Official | ||
Public Records of Collin County, Texas, all of a called | ||
154.059-acre tract of land, conveyed to Central Frisco, Ltd., as | ||
evidenced in a Special Warranty Deed, recorded in Instrument | ||
No. 20070725001023610 of the Official Public Records of Collin | ||
County, Texas, all of a called "Tract One" (78.613 acres), a called | ||
"Tract Two" (66.676 acres), a called "Tract Three" (59.916 acres), | ||
a called "Tract Four" (0.937 acre), and a called "Tract Five" | ||
(18.748 acres), conveyed to Eland Energy, Inc., as evidenced in a | ||
General Warranty Deed, recorded in Instrument | ||
No. 20141002001081250 of the Official Public Records of Collin | ||
County, Texas, all of a called 6.000-acre tract of land, conveyed to | ||
Central Frisco, Ltd., as evidenced in a General Warranty Deed, | ||
recorded in Instrument No. 20110831000926240 of the Official | ||
Public Records of Collin County, Texas, all of a called 62.434-acre | ||
tract of land, conveyed to Eland Energy, Inc., as evidenced in a | ||
General Warranty Deed, recorded in Instrument | ||
No. 20141002001081260 of the Official Public Records of Collin | ||
County, Texas, and all of a called 167.027-acre tract of land, | ||
conveyed to Eland Energy, Inc., as evidenced in a General Warranty | ||
Deed, recorded in Instrument No. 20141002001081290 of the Official | ||
Public Records of Collin County, Texas, all of a called 30-feet wide | ||
street easement located along the westerly side of said "Tract | ||
One", conveyed to County, of Collin, Texas, recorded in County | ||
Clerk's File No. 96-0067344 of the Land Records of Collin County, | ||
Texas, all of a called 30-feet wide street easement located along | ||
the westerly side of said "Tract Five", conveyed to County, of | ||
Collin, Texas, recorded in County Clerk's File No. 96-0067345 of | ||
the Land Records of Collin County, Texas, the portion of F. M. 455 | ||
(a called 90-feet wide right of way) situated between said "Tract | ||
One", "Tract Two", Tract Three" and "Tract Four", the portion of | ||
said F. M. 455 along the southerly line of said 167.027-acre tract | ||
and the westerly portion of said F. M. 455 along the easterly line | ||
of said 167.027-acre tract, and being more particularly described | ||
by metes and bounds as follows: | ||
BEGINNING at the westernmost, northwest corner of said 450.71-acre | ||
Central Frisco, Ltd., tract, same being the southwest corner of a | ||
called 50.487-acre tract of land, conveyed to Preston Acreage, L.P. & | ||
Spartan Texas Six-Celina, Ltd., as evidenced in a General | ||
Warranty Deed, recorded in Volume 5239, Page 1060 of the Land | ||
Records of Collin County, Texas, same also being on the easterly | ||
right of way line of State Highway 289 (Preston Road); | ||
THENCE South 89°58'20" East, departing the easterly right of way | ||
line of said State Highway 289 (Preston Road), along a northerly | ||
line of said 450.71-acre tract and the southerly line of said | ||
50.487-acre tract, a distance of 985.28 feet to the southeast | ||
corner of said 50.487-acre tract; | ||
THENCE North 00°33'31" East, along a westerly line of said | ||
450.71-acre tract and the easterly line of said 50.487-acre tract, | ||
a distance of 2607.81 feet to the northeast corner of said | ||
50.487-acre tract and the northernmost, northwest corner of said | ||
450.71-acre tract, same being in County Road No. 100, a public use | ||
right of way, no record found, same also being on the southerly line | ||
of a called 33.356-acre tract of land, conveyed to CR 100 | ||
Thirty-Three Partners, LP, as evidenced in a Special Warranty Deed, | ||
recorded in Instrument No. 20150224000195720 of the Official | ||
Public Records of Collin County, Texas; | ||
THENCE North 88°52'34" East, along the northerly line of said | ||
450.71-acre tract, the southerly line of said 33.356-acre tract and | ||
generally along said County Road No. 100, a distance of 1066.91 | ||
feet to the southeast corner of said 33.356-acre tract; | ||
THENCE North 88°40'20" East, continuing along the northerly line of | ||
said 450.71-acre tract, the southerly line of a called 93.277-acre | ||
tract of land, conveyed to Bellaire Partners, L.L.C., as evidenced | ||
in a Special Warranty Deed, recorded in Instrument | ||
No. 20160222000196050 of the Official Public Records of Collin | ||
County, Texas, and continuing along said County Road No. 100, a | ||
distance of 1587.35 feet to the northeast corner of said | ||
450.71-acre tract, and the southeast corner of said 93.277-acre | ||
tract, same being the intersection of said County Road No. 100 with | ||
County Road No. 97, a public use right of way, no record found; | ||
THENCE South 00°26'10" West, Along the easterly line of said | ||
450.71-acre tract, the westerly line of Sharrock Addition, an | ||
addition to the City of Celina, Texas, according to the Final Plat, | ||
recorded in Volume 2016, Page 80 of the Plat Records of Collin | ||
County, Texas, and the westerly line of a called 15.00-acre tract of | ||
land, conveyed to Carolyn A. Tipton and Joel C. Molinar, as | ||
evidenced in a deed recorded in Volume 4698, Page 2781 of the Land | ||
Records of Collin County, Texas, and generally along said County | ||
Road No. 97, a distance of 780.68 feet to the northwest corner of a | ||
called 40.11-acre tract of land, conveyed to N. E. Coit & CR 101, | ||
LP, as evidenced in a General Warranty Deed, recorded in Instrument | ||
No. 20081014001224170 of the Official Public Records of Collin | ||
County, Texas; | ||
THENCE South 00°04'54" West, continuing along the easterly line of | ||
said 450.71-acre tract, along the westerly line of said 40.11-acre | ||
tract and continuing along said County Road No. 97, a distance of | ||
1861.34 feet to the southwest corner of said 40.11-acre tract, same | ||
being the northwest corner of aforesaid "Tract A" (43.777 acres) | ||
Eland Energy, Inc., tract, same being the intersection of said | ||
County Road No. 97 with County Road No. 101, a public use right of | ||
way, no record found; | ||
THENCE North 89°35'03" East, departing the easterly line of said | ||
450.71-acre tract, along the northerly line of said "Tract A", the | ||
southerly line of said 40.11-acre tract, and generally along said | ||
County Road No. 101, a distance of 402.01 feet to a corner; | ||
THENCE North 89°36'37" East, continuing along the northerly line of | ||
said "Tract A", the southerly line of said 40.11-acre tract and said | ||
County Road No. 101, a distance of 401.65 feet to the northernmost, | ||
northeast corner of said "Tract A", same being the northwest corner | ||
of a called 7.498-acre tract of land, conveyed to Tom Harper, as | ||
evidenced in a General Warranty Deed, recorded in County Clerk's | ||
File No. 93-0036670 of the Land Records of Collin County, Texas; | ||
THENCE South 00°07'56" East, departing said County Road No. 101, | ||
along the easterly line of said "Tract A" and the westerly line of | ||
said 7.498-acre tract, a distance of 541.77 feet to the southwest | ||
corner of said 7.498-acre tract; | ||
THENCE North 89°38'16" East, along a northerly line of said "Tract | ||
A" and the southerly line of said 7.498-acre tract, a distance of | ||
630.23 feet to the easternmost, northeast corner of said "Tract A" | ||
and the southeast corner of said 7.498-acre tract, same being on a | ||
westerly line of aforesaid 272.545-acre, Eland Energy, Inc., tract; | ||
THENCE North 00°01'23" West, along an easterly line of said | ||
7.498-acre tract and the westerly line of said 272.545-acre tract, | ||
a distance of 116.61 feet to a corner on the southerly line of a | ||
called 2.661-acre tract of land, conveyed to Collin County, Texas, | ||
as evidenced in a General Warranty Deed, recorded in Volume 5309, | ||
Page 7316 of the Land Records of Collin County, Texas; | ||
THENCE South 60°05'11" East, continuing along the westerly line of | ||
said 272.545-acre tract and along the southerly line of said | ||
2.661-acre tract, a distance of 230.59 feet to a corner; | ||
THENCE North 88°50'05" East, continuing along the westerly line of | ||
said 272.545-acre tract and along the southerly line of said | ||
2.661-acre tract, a distance of 10.17 feet to the southeast corner | ||
of said 2.661-acre tract; | ||
THENCE North 00°20'59" West, continuing along the westerly line of | ||
said 272.545-acre tract and along the easterly line of said | ||
2.661-acre tract, a distance of 539.73 feet to the northwest corner | ||
of said 272.545-acre tract and the northeasterly corner of said | ||
2.661-acre tract, same being on the occupied southerly line of | ||
aforesaid County Road No. 101; | ||
THENCE North 89°30'33" East, along the northerly line of said | ||
272.545-acre tract and along the southerly line of said County Road | ||
No. 101, a distance of 1020.62 feet to the northeast corner of said | ||
242.545-acre tract, same being on the westerly line of called | ||
Tracts 1, 2, and 3, conveyed to Joe E. Stalling and wife, Janice K. | ||
Stalling, as evidenced in a General Warranty Deed with Vendor's | ||
Lien, recorded in County Clerk's File No. 93-0075959 of the Land | ||
Records of Collin County, Texas; | ||
THENCE South 00°31'02" East, along the easterly line of said | ||
242.545-acre tract, the westerly line of said Tracts 1, 2, and 3, | ||
the westerly line of a called 9.943-acre tract of land conveyed to | ||
Daniel DW Simons and Misty Simons, as evidenced in a General | ||
Warranty Deed, recorded in Instrument No. 20070816001143760 of the | ||
Official Public Records of Collin County, Texas, the westerly line | ||
of Tract 1 and Tract 2, conveyed to Michael M. Patterson and Charles | ||
Dawson, as evidenced in a General Warranty Deed, recorded in | ||
Instrument No. 20060630000904460 of the Official Public Records of | ||
Collin County, Texas, the westerly line of a called 10.692-acre | ||
tract of land, conveyed to John D. Dove, as evidenced in a General | ||
Warranty Deed, recorded in Volume 3981, Page 359 of the Land Records | ||
of Collin County, Texas, and generally along the centerline of said | ||
County Road No. 101, a distance of 1945.32 feet to the northwest | ||
corner of aforesaid 154.059-acre Central Frisco, Ltd., tract and | ||
the southwest corner of said 10.692-acre tract, same being the | ||
intersection of said County Road No. 101 with County Road No. 130, | ||
a public use right of way, no record found; | ||
THENCE North 89°37'24" East, along the northerly line of said | ||
154.059-acre tract, the southerly line of said 10.692-acre tract, | ||
and generally along said County Road No. 130, a distance of 776.70 | ||
feet to a corner; | ||
THENCE North 89°39'58" East, continuing along the northerly line of | ||
said 154.059-acre tract and the northerly line of aforesaid "Tract | ||
B", Eland Energy, Inc., tract and continuing generally along said | ||
County Road No. 130, a distance of 1861.15 feet to the northeast | ||
corner of said 154.059-acre tract, same being the northwest corner | ||
of aforesaid 62.434-acre Eland Energy, Inc., tract; | ||
THENCE North 89°30'30" East, along the northerly line of said | ||
62.434-acre tract and continuing generally along said County Road | ||
No. 130, a distance of 1909.83 feet to the northernmost, northeast | ||
corner of said 62.434-acre tract, same being the northwest corner | ||
of a tract of land, conveyed to Porfirio Paulino and wife, Ojilvoa | ||
Paulino, as evidenced in a General Warranty Deed, recorded in | ||
Volume 5674, Page 3250 of the Land Records of Collin County, Texas; | ||
THENCE South 00°29'02" East, departing said County Road No. 130, | ||
along an easterly line of said 62.434-acre tract, the westerly line | ||
of said Paulino tract and the westerly line of a tract of land, | ||
conveyed to John C. Kiesling and wife, Rhonda Kiesling, as | ||
evidenced in a Warranty Deed, recorded in Volume 4147, Page 717 of | ||
the Land Records of Collin County, Texas, a distance of 714.20 feet | ||
to the southwest corner of said Kiesling tract; | ||
THENCE North 89°33'17" East, along the southernmost, northerly line | ||
of said 62.434-acre tract and the southerly line of said Kiesling | ||
tract, a distance of 728.71 feet to the easternmost, northeast | ||
corner of said 62.434-acre tract, same being in County Road | ||
No. 128, a public use right of way, no record found; | ||
THENCE South 02°01'47" East, along the easterly line of said | ||
62.434-acre tract and along said County Road No. 128, a distance of | ||
46.49 feet to a corner; | ||
THENCE South 01°52'14" East, continuing along the easterly line of | ||
said 62.434-acre tract and said County Road No. 128, a distance of | ||
563.63 feet to the southeast corner of said 62.434-acre tract; | ||
THENCE South 89°21'14" West, along the southerly line of said | ||
62.434-acre tract, a distance of 32.93 feet to the northeast corner | ||
of aforesaid 167.027-acre Eland Energy, In., tract; | ||
THENCE South 00°30'22" East, along the easterly line of said | ||
167.027-acre tract and generally along said County Road No. 128, a | ||
distance of 2101.08 feet to an inner ell corner of said 167.027-acre | ||
tract, same being the southwest corner of Highpoint Estates, an | ||
addition to the City of Celina, Texas, according to the Final Plat, | ||
recorded in Volume M, Page 116 of the Plat Records of Collin County, | ||
Texas; | ||
THENCE North 89°26'58" East, along a northerly line of said | ||
167.027-acre tract, the southerly line of said Highpoint Estates | ||
and continuing along said County Road No. 128, a distance of 333.00 | ||
feet to the easternmost, northeast corner of said 167.027-acre | ||
tract; | ||
THENCE South 00°23'39" East, along the easterly line of said | ||
167.027-acre tract, for part of the way, passing the westerly right | ||
of way line of F. M. 455, a 90-feet wide right of way, continuing | ||
along the extension of the easterly line of said 167.027-acre tract | ||
and within said F. M 455, passing the easterly right of way line of | ||
said F. M. 455, a total distance of 1243.28 feet to the northeast | ||
corner of a called 69.149-acre tract of land, conveyed to David Lair | ||
and wife, June Lair, as evidenced in a deed, recorded in Volume 816, | ||
Page 559 of the Land Records of Collin County, Texas; | ||
THENCE in a westerly direction, along the northerly line of said | ||
69.149-acre tract and the southerly right of way line of said F. M. | ||
455, the following: | ||
South 88°31'26" West, a distance of 133.55 feet to a corner; | ||
South 66°55'26" West, a distance of 88.60 feet to a corner; | ||
South 81°35'26" West, a distance of 106.10 feet to a corner; | ||
South 88°31'26" West, a distance of 1210.70 feet to a corner; | ||
South 88°37'26" West, a distance of 210.30 feet to the | ||
northwest corner of said 69.149-acre tract, same being the | ||
northeast corner of a called 10.00-acre tract of land, conveyed to | ||
Terry M. Collins and spouse, Diana Collins, as evidenced in a | ||
General Warranty Deed, recorded in Instrument | ||
No. 20150205000127830 of the Official Public Records of Collin | ||
County, Texas; | ||
THENCE South 88°33'08" West, continuing along the southerly right of | ||
way line of said F. M. 455 and along the northerly line of said | ||
10.00-acre tract, a distance of 371.93 feet to the northwest corner | ||
of said 10.00-acre tract, same being the northeast corner of a | ||
called 5.00-acre tract of land, conveyed to Michael S. Armstrong | ||
and spouse, Melissa B. Armstrong, as evidenced in a General | ||
Warranty Deed, recorded in Instrument No. 20131018001435890 of the | ||
Official Public Records of Collin County, Texas; | ||
THENCE South 88°55'54" West, continuing along the southerly right of | ||
way line of said F. M. 455 and along the northerly line of said | ||
5.00-acre tract, a distance of 319.79 feet to the northwest corner | ||
of said 5.00-acre tract, same the northeast corner of a called | ||
20.058-acre tract of land, conveyed to Larry N. Lehman and Robbie C. | ||
Lehman, as evidenced in a General Warranty Deed, recorded in | ||
Instrument No. 20150608000673760 of the Official Public Records of | ||
Collin County, Texas; | ||
THENCE South 88°55'57" West, continuing along the southerly right of | ||
way line of said F. M. 455 and along the northerly line of said | ||
20.058-acre tract for part of the way, crossing said F. M. 455 along | ||
the extension of the northerly line of said 20.058-acre tract, a | ||
distance of 427.32 feet to a corner on the curving westerly right of | ||
way line of said F. M. 455, same being on the curving easterly line | ||
of aforesaid "Tract Two", Eland Energy, Inc., tract, said curve | ||
being a non-tangent curve to the left; | ||
THENCE in a southerly direction, along the westerly right of way | ||
line of said F. M. 455, the easterly line of said "Tract Two" and | ||
along the arc of said curve to the left, through a central angle of | ||
20°27'26", having a radius of 363.31 feet, a chord bearing of South | ||
36°07'57" West, a chord distance of 129.03 feet and an arc length of | ||
129.72 feet to the end of said curve; | ||
THENCE South 00°15'57" East, departing the easterly line of said | ||
"Tract Two", the westerly right of way line of said F. M. 455, | ||
crossing said F. M. 455, passing the southerly right of way line of | ||
said F. M. 455 and the northeast corner of aforesaid "Tract Three", | ||
Eland Energy, tract, continuing along the easterly line of said | ||
"Tract Three", a distance of 1443.40 feet to the southeast corner of | ||
said "Tract Three", same being the northeast corner of a called | ||
85.04-acre tract of land, conveyed to Jane Willard, as evidenced in | ||
a General Warranty Deed, recorded in County Clerk's File | ||
No. 96-0039930 of the Land Records of Collin County, Texas; | ||
THENCE South 89°51'15" West, along the southerly line of said "Tract | ||
Three" and the northerly line of said 85.04-acre tract, a distance | ||
of 2639.07 feet to the southwest corner of said "Tract Three", same | ||
being on the easterly line of a called "First Tract", conveyed to | ||
Jane Willard, as evidenced in a Warranty Deed, recorded in Volume | ||
3368, Page 434 of the Land Records of Collin County, Texas, same | ||
also being in County Road No. 98, a public use right of way, no | ||
record found; | ||
THENCE North 00°04'01" West, along the westerly line of said "Tract | ||
Three", the easterly line of said "First Tract" for part of the way | ||
and along said County Road No. 98, a distance of 405.05 feet to a | ||
corner on the easterly right of way line of aforesaid F. M. 455; | ||
THENCE North 03°46'21" West, departing the easterly right of way | ||
line of said F. M. 455 and crossing said F. M. 455, a distance of | ||
408.54 feet to a corner on the westerly right of way line of said F. | ||
M. 455, same being on the easterly line of a called "Second Tract", | ||
conveyed to Jane Willard, as evidenced in aforesaid Warranty Deed, | ||
recorded in Volume 3368, Page 434, same also being aforesaid County | ||
Road No. 101; | ||
THENCE North 00°03'05" West, departing the westerly right of way | ||
line of said F. M. 455, along the easterly line of said "Second | ||
Tract", the easterly line of a called 66.68-acre tract, conveyed to | ||
Jane C. Willard, as evidenced in a Special Warranty Deed, recorded | ||
in County Clerk's File No. 93-0007503 of the Land Records of Collin | ||
County, Texas, the westerly line of aforesaid 30' Street Easement | ||
to Collin County, Texas, recorded in County Clerk's File | ||
No. 96-0067344, and generally along said County Road No. 101, a | ||
distance of 1520.01 feet to the northwest corner of said street | ||
easement, same being the southwest corner of aforesaid 30' Street | ||
Easement to Collin County, Texas, recorded in County Clerk's File | ||
No. 96-0067345; | ||
THENCE North 00°27'17" West, continuing along the easterly line of | ||
said 66.68-acre tract, the easterly line of a called 5.000-acre | ||
tract of land, conveyed to Brian Wayne Boyd, as evidenced in a | ||
General Warranty Deed, recorded in Instrument | ||
No. 20140205000108240, the easterly line of a called 5.000-acre | ||
tract of land, conveyed to Brian Wayne Boyd, as evidenced in a | ||
General Warranty Deed, recorded in Instrument | ||
No. 20140428000404190, both of the Official Public Records of | ||
Collin County, Texas, along the westerly line of said 30' Street | ||
Easement, recorded in County Clerk's File No. 96-0067345, and | ||
generally along said County Road No. 101, a distance of 570.00 feet | ||
to the southeast corner of aforesaid 272.545-acre, Eland Energy, | ||
Inc., tract; | ||
THENCE North 89°53'04" West, departing said County Road No. 101, | ||
along the northerly line of said 5.000-acre Brian Wayne Boyd tract, | ||
recorded in Instrument No. 20140428000404190, the northerly line | ||
of aforesaid 66.68-acre, Jane C. Willard tract and the southerly | ||
line of said 272.545-acre tract, a distance of 2669.41 feet to the | ||
southwest corner of said 272.545-acre tract, same being the | ||
southeast corner of aforesaid 450.71-acre, Central Frisco, Ltd., | ||
tract; | ||
THENCE North 89°54'14" West, along the southerly line of said | ||
450.71-acre tract, the north line of Heritage Phase 3, an addition | ||
to the City of Celina, Texas, according to the Final Plat, recorded | ||
in Volume 2014, Page 66 of the Plat Records of Collin County, Texas | ||
and the northerly line of Heritage Phase 2, an addition to the City | ||
of Celina, Texas, according to the Final Plat, recorded in Volume P, | ||
Page 632 of the Plat Records of Collin County, Texas, a distance of | ||
2005.13 feet to the southwest corner of said 450.71-acre tract, | ||
same being the southeast corner of Morgan Lakes Estates Phase One, | ||
an addition to the City of Celina, Texas, according to the Final | ||
Plat, recorded in Volume I, Page 591 of the Plat Records of Collin | ||
County, Texas; | ||
THENCE in a northerly direction, along the westerly line of said | ||
450.71-acre tract and the easterly line of said Morgan Lakes | ||
Estates Phase One, the following: | ||
North 00°03'12" East, a distance of 461.22 feet to a corner; | ||
North 07°08'40" East, a distance of 60.21 feet to the point of | ||
curvature of a non-tangent curve to the left; | ||
Along the arc of said curve to the left, through a central | ||
angle of 06°21'24", having a radius of 270.00 feet, a chord bearing | ||
of South 86°04'27" East, a chord distance of 29.94 feet and an arc | ||
length of 29.96 feet to the end of said curve; | ||
South 89°02'33" East, a distance of 222.34 feet to a corner; | ||
North 01°00'05" East, a distance of 107.20 feet to a corner; | ||
North 51°42'33" East, a distance of 398.05 feet to a corner; | ||
North 49°38'51" East, a distance of 210.56 feet to a corner; | ||
North 36°54'05" West, a distance of 462.25 feet to a corner; | ||
North 15°17'56" West, a distance of 60.26 feet to the point of | ||
curvature of a non-tangent curve to the right; | ||
Along the arc of said curve to the right, through a central | ||
angle of 07°25'01", having a radius of 530.00 feet, a chord bearing | ||
of North 78°46'38" East, a chord distance of 68.56 feet and an arc | ||
length of 68.61 feet to the end of said curve; | ||
North 82°26'45" East, a distance of 62.14 feet to a corner; | ||
North 38°02'48" West, a distance of 615.74 feet to a corner; | ||
North 25°29'50" West, a distance of 423.56 feet to a corner; | ||
North 11°11'38" East, a distance of 219.89 feet to a corner; | ||
North 49°12'28" West, a distance of 934.00 feet to a corner; | ||
North 45°38'34" West, a distance of 346.17 feet to a corner; | ||
North 84°06'21" West, a distance of 374.78 feet to the | ||
northwest corner of said Morgan Lakes Estates Phase One, same being | ||
the westernmost, southwest corner of said 450.71-acre tract, same | ||
being on the easterly line of a called 15.071-acre tract of land, | ||
conveyed to SMR Family LP, as evidenced in a General Warranty Deed, | ||
recorded in Instrument No. 20090526000637370 of the Official | ||
Public Records of Collin County, Texas; | ||
THENCE North 01°51'32" East, continuing along the westerly line of | ||
said 450.71-acre tract and the easterly line of said 15.071-acre | ||
tract, a distance of 132.73 feet to the northeast corner of said | ||
15.071-acre tract, same being the southeast corner of a called | ||
16.369-acre tract of land, conveyed to Pyramid Drywall, Inc., as | ||
evidenced in a General Warranty Deed, recorded in Instrument | ||
No. 20160721000935850 of the Official Public Records of Collin | ||
County, Texas; | ||
THENCE North 00°50'57" West, East, continuing along the westerly | ||
line of said 450.71-acre tract and the easterly line of said | ||
16.369-acre tract, a distance of 1184.08 feet to the easternmost, | ||
northeast corner of said 16.36-acre tract; | ||
THENCE North 87°07'46" West, continuing along the westerly line of | ||
said 450.71-acre tract and the easterly line of said 16.369-acre | ||
tract, a distance of 50.86 feet to a corner; | ||
THENCE North 00°51'58" West, continuing along the westerly line of | ||
said 450.71-acre tract, the easterly line of said 16.369-acre tract | ||
and the easterly line of the remainder of a tract of land, conveyed | ||
to Marvin T. Wilson and wife, Renetta T. Wilson, as evidenced in a | ||
Warranty Deed, recorded in County Clerk's File No. 92-0004376 of | ||
the Land Records of Collin County, Texas, a distance of 489.53 feet | ||
to the northeast corner of said Wilson tract; | ||
THENCE South 89°48'22" West, continuing along the westerly line of | ||
said 450.71-acre tract and along the northerly line of said Wilson | ||
tract, a distance of 341.96 feet to the northwest corner of said | ||
Wilson tract, same being on the easterly right of way line of | ||
aforesaid State Highway 289 (Preston Road); | ||
THENCE North 00°16'22" East, continuing along the westerly line of | ||
said 450.71-acre tract and along the easterly right of way line of | ||
said State Highway 289 (Preston Road), a distance of 51.94 feet to | ||
the POINT OF BEGINNING and containing 1,432.8 gross acres of land, | ||
more or less, SAVE AND EXCEPT the following two tracts of land: | ||
TRACT 1: | ||
BEING a tract of land situated in the Benjamin Haile Survey, | ||
Abstract No. 397, City of Celina, Collin County, Texas, and being | ||
the remaining portion of a called 160.42-acre tract of land, | ||
conveyed to Kirk's Rockin K Ranch & Land Company, Inc., as evidenced | ||
in a Special Warranty Deed, recorded in Volume 4139, Page 3116 of | ||
the Land Records of Collin County, Texas, and being more | ||
particularly described by metes and bounds as follows: | ||
BEGINNING at the southwest corner of said 160.42-acre tract, and | ||
the northwest corner of a 30' Street Easement to Collin County, | ||
Texas, recorded in County Clerk's File No. 96-0067345 of the Land | ||
Records of Collin County, Texas, same being on the easterly line of | ||
a called 272.545-acre tract of land, conveyed to Eland Energy, | ||
Inc., as evidenced in a Special Warranty Deed, recorded in | ||
Instrument No. 20150722000903300 of the Official Public Records of | ||
Collin County, Texas, same also being in County Road No. 101, a | ||
public use right of way, no record found; | ||
THENCE North 00°31'00" West, along the westerly line of said | ||
160.42-acre tract, the easterly line of said 272.545-acre tract and | ||
along said County Road No. 101, a distance of 417.42 feet to the | ||
westernmost, southwest corner of a called 154.059-acre tract of | ||
land, conveyed to Central Frisco, Ltd., as evidenced in a Special | ||
Warranty Deed, recorded in Instrument No. 20070725001023610 of the | ||
Official Public Records of Collin County, Texas; | ||
THENCE North 89°58'09" East, departing the westerly line of said | ||
160.42-acre tract, the easterly line of said 272.545-acre tract, | ||
said County Road No. 101 and along a southerly line of said | ||
154.059-acre tract, a distance of 417.42 feet to a corner; | ||
THENCE South 00°31'02" East, along a westerly line of said | ||
154.059-acre tract, a distance of 417.42 feet to the southernmost, | ||
southwest corner of said 154.059-acre tract, same being on the | ||
southerly line of said 160.42-acre tract, same also being on the | ||
northerly line of a called "Tract Five" (18.748 acres), conveyed to | ||
Eland Energy, Inc., as evidenced in a General Warranty Deed, | ||
recorded in Instrument No. 20141002001081250 of the Official | ||
Public Records of Collin County, Texas; | ||
THENCE South 89°58'09" West, along the southerly line of said | ||
160.42-acre tract, the northerly line of said "Tract Five" and the | ||
northerly line of aforesaid 30' wide Street Easement, a distance of | ||
417.43 feet to the POINT OF BEGINNING and containing 4.0 acres of | ||
land, more or less. | ||
TRACT 2: | ||
BEING a tract of land, situated in the Mary Howell Survey, Abstract | ||
No. 396 and the Benjamin Haile Survey, Abstract No. 397 and being | ||
all of a called 26.620-acre tract of land, conveyed to John O. Rea | ||
and wife, Patricia O. Rea, as evidenced in a General Warranty Deed, | ||
recorded in County Clerk's File No. 92-0067367 and all of a called | ||
5.000-acre tract of land, conveyed to John W. Rea and spouse, | ||
Patricia O. Rea, as evidenced in a General Warranty Deed, recorded | ||
in County Clerk's File No. 92-0067368, both of the Land Records of | ||
Collin County, Texas, and being more particularly described by | ||
metes and bounds as follows; | ||
BEGINNING at the northeast corner of said 26.620-acre tract, same | ||
being the northernmost, northwest corner of a called 167.027-acre | ||
tract of land, conveyed to Eland Energy, Inc., as evidenced in a | ||
General Warranty Deed, recorded in Instrument | ||
No. 20141002001081290 of the Official Public Records of Collin | ||
County, Texas, same also being on the southerly line of a called | ||
62.434-acre tract of land, conveyed to Eland Energy, Inc., as | ||
evidenced in a General Warranty Deed, recorded in Instrument | ||
No. 20141002001081260 of the Official Public Records of Collin | ||
County, Texas; | ||
THENCE in a southerly direction, departing the southerly line of | ||
said 62.434-acre tract, along the easterly line of said 26.620-acre | ||
tract and the westerly line of said 167.027-acre tract, the | ||
following: | ||
South 01°29'15" East, a distance of 1335.38 feet to a corner; | ||
North 89°49'39" West, a distance of 508.88 feet to a corner; | ||
South 38°07'37" West, a distance of 430.66 feet to the | ||
southeast corner of said 26.620-acre tract; | ||
THENCE South 89°52'35" West, continuing along the westerly line of | ||
said 167.027-acre tract and along the southernmost line of said | ||
26.620-acre tract, a distance of 297.86 feet to the southwest | ||
corner of said 26.620-acre tract, same being on the easterly line of | ||
a "Tract Two" (66.676 acres), conveyed to Eland Energy, Inc., as | ||
evidenced in said General Warranty Deed, recorded in Instrument | ||
No. 20141002001081250; | ||
THENCE in a northerly direction, along the westerly line of said | ||
26.620-acre tract and the easterly line of said "Tract Two", the | ||
following: | ||
North 00°59'41" West, a distance of 263.88 feet to a corner; | ||
South 63°10'27" East, a distance of 93.04 feet to a corner; | ||
North 33°29'47" East, a distance of 96.33 feet to a corner; | ||
North 55°28'52" East, a distance of 144.33 feet to a corner; | ||
North 32°30'37" West, a distance of 235.17 feet to a corner; | ||
North 16°40'31" East, a distance of 139.05 feet to a corner; | ||
North 62°31'57" East, a distance of 233.49 feet to a corner; | ||
North 23°42'01" East, a distance of 277.45 feet to a corner; | ||
North 12°49'11" West, a distance of 66.79 feet to the | ||
northeast corner of said "Tract Two"; | ||
THENCE in a westerly direction, along the northerly line of said | ||
"Tract Two", a southerly line of said 26.620-acre tract and along | ||
the southerly line of aforesaid 5.000-acre tract, the following: | ||
North 84°55'21" West, a distance of 167.79 feet to the south | ||
common corner of said 26.620-acre tract and said 5.000-acre tract; | ||
North 84°55'21" West, a distance of 31.54 feet to a corner; | ||
South 27°54'16" West, a distance of 108.75 feet to a corner; | ||
North 47°35'32" West, a distance of 127.34 feet to a corner; | ||
South 22°02'46" West, a distance of 111.09 feet to a corner; | ||
North 51°01'12" West, a distance of 184.77 feet to a corner; | ||
South 66°56'55" West, a distance of 73.70 feet to the | ||
southwest corner of said 5.000-acre tract and the northernmost, | ||
northwest corner of said "Tract Two", same being on the easterly | ||
line of a called 154.059-acre tract of land, conveyed to Central | ||
Frisco, Ltd., as evidenced in a Special Warranty Deed, recorded in | ||
Instrument No. 20070725001023610 of the Official Public Records of | ||
Collin County, Texas; | ||
THENCE North 00°21'55" West, along the westerly line of said | ||
5.000-acre tract, the westerly line of said 26.620-acre tract and | ||
the easterly line of said 154.059-acre tract, a distance of 525.45 | ||
feet to the northwest corner of said 26.620-acre tract, same being | ||
the southwest corner of a called 6.000-acre tract of land, conveyed | ||
to Central Frisco, Ltd., as evidenced in a General Warranty Deed, | ||
recorded in Instrument No. 20110831000926240 of the Official | ||
Public Records of Collin County, Texas; | ||
THENCE North 89°21'14" East, departing the easterly line of said | ||
154.059-acre tract, along the northerly line of said 26.620-acre | ||
tract, the southerly line of said 6.000-acre tract and the | ||
southerly line of aforesaid 62.434-acre tract, a distance of | ||
1170.10 feet to the POINT OF BEGINNING and containing 31.6 acres of | ||
land, more or less. | ||
LEAVING a net area of 1,397.2 acres of land, more or less. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) 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, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4268 was passed by the House on May | ||
19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 4268 on May 26, 2017, by the following vote: Yeas 125, Nays 19, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4268 was passed by the Senate, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 29, Nays | ||
1, 1 present, not voting. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |