Bill Text: TX SB2248 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the creation of the Mesquoakee Ranch Municipal Utility District of Collin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-05-21 - Recommendations filed with the Senate [SB2248 Detail]

Download: Texas-2021-SB2248-Introduced.html

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87R13394 SGM-F
By: Springer S.B. No. 2248

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Mesquoakee Ranch Municipal Utility
District of Collin County; granting a limited power of eminent
domain; providing authority to issue bonds; providing authority to
impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7909 to read as follows:
CHAPTER 7909. MESQUOAKEE RANCH MUNICIPAL UTILITY DISTRICT OF
COLLIN COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7909.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Mesquoakee Ranch Municipal
Utility District of Collin County.
Sec. 7909.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7909.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7909.0104. CONDITIONS PRECEDENT TO CONFIRMATION
ELECTION. (a) The temporary directors may not hold an election
under Section 7909.0103 until:
(1) each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district; and
(2) the district has entered into a contract with a
municipality, Collin County, or another entity:
(A) for adequate supplemental police, fire,
emergency, and animal control services for the district; and
(B) that is approved by the Commissioners Court
of Collin County under Subsection (c).
(b) A contract under Subsection (a) may include a provision
that the contract takes effect only on the approval of the
Commissioners Court of Collin County and the voters in the district
voting in an election held for that purpose.
(c) The Commissioners Court of Collin County shall review a
contract under Subsection (a) and evaluate the supplemental police,
fire, emergency, and animal control services provided in the
contract. If the commissioners court determines that the contract
provides adequate services, the commissioners court shall adopt a
resolution stating that the contract has met the requirements of
Subsection (a).
Sec. 7909.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7909.0106. 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 made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7909.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7909.0202, directors
serve staggered four-year terms.
Sec. 7909.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7909.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7909.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7909.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7909.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7909.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7909.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7909.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7909.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 7909.0306. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) A new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7909.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) A new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7909.0103. If the voters of a new district do not confirm
the creation of the new district, the assets, obligations,
territory, and governance of the new district revert to the
original district.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7909.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7909.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7909.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7909.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7909.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7909.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7909.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7909.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7909.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Mesquoakee Ranch Municipal Utility District
of Collin County initially includes all the territory contained in
the following area:
Tract 1:
BEING a tract or parcel of land situated Collin County, Texas, being
part of the John H. Wilson Survey, Abstract No. 964, being all of a
53.98 (Tract One) acre tract of land, all of a 22.95 (Tract Two)
acre tract of land and all of a 22.63 (Tract Three) acre tract of
land as described in a Warranty Deed from Daniel D. Vick and wife,
Aynja L. Vick to Mesquoakee Ranch, LLC as recorded in/under Clerk's
File No. 20160321000332960 of Collin County, Texas, being all of a
65.553 acre tract of land as described in a General Warranty Deed
from William Brian Sanders, as Independent Executor of the Estate
of James Blair Carter, Deceased to Mesquoakee Ranch, LLC as
recorded in/under Clerk's File No. 20160406000409780 of Collin
County, Texas, also being all of Lot 11 of HONEY CREEK FARMS
ADDITION, an addition to Collin County, Texas, according to the
Plat thereof recorded in Cabinet L on Slide 409 of the Map and Plat
Records of Collin County, Texas and being further described as
follows:
BEGINNING at a 1/2 inch iron rod found for a corner at the southeast
corner of said 22.63 acre tract in the center of Collin County Road
No. 136, said Point of Beginning being at the existing northeast
corner of a 562.084 acre tract as conveyed to Thomas and Nancy
Carter as recorded in/under Clerk's File No. 20150827001083840 of
Collin County, Texas;
THENCE N 89°59'04" W (bearing basis) along a fence, the south line of
said 22.63 acre tract and the north line of said 562.084 acre tract,
a distance of 1799.06 feet to a fence post for a corner;
THENCE S 88°19'11" W along a fence, the south line of said 22.63 acre
tract and the north line of said 562.084 acre tract, a distance of
500.00 feet to a fence post for a corner;
THENCE N 89°23'27" W along a fence, the south line of said 22.63 acre
tract and the north line of said 562.084 acre tract, a distance of
677.32 feet to a 1/2 inch iron rod found for a corner at the
southwest corner of said 22.63 acre tract;
THENCE N 83°37'59" W along the north line of said 562.084 acre tract,
a distance of 225.15 feet to a point on the east side of Honey Creek;
THENCE S 88°28'30" W along the north line of said 562.084 acre tract,
a distance of 152.23 feet to a point in the center of Honey Creek;
THENCE in the Northerly direction, along the center of Honey Creek,
the following calls:
1.) N 14°49'31" E, 111.76 feet;
2.) N 52°22'02" E, 98.25 feet;
3.) N 01°09'41" E, 98.08 feet;
4.) N 25°42'03" W, 98.28 feet;
5.) N 89°43'02" W, 22.92 feet;
6.) S 59°35'36" W, 95.25 feet;
7.) N 80°45'20" W, 36.01 feet;
8.) N 25°05'27" W, 39.32 feet;
9.) N 16°39'50" E, 59.70 feet;
10.) N 23°26'45" W, 20.94 feet;
11.) N 89°43'02" W, 23.40 feet;
12.) S 71°50'03" W, 81.49 feet;
13.) N 69°48'51" W, 43.99 feet;
THENCE N 47°48'39" W along the center of Honey Creek, a distance of
33.34 feet to a point;
THENCE S 89°48'00" W joining and along a fence and along the south
line of said 65.554 acre tract, passing a fence post found at a
distance of 184.21feet, in all a total distance of 1398.64 feet to a
fence post for a corner at the southwest corner of said 65.554 acre
tract;
THENCE N 00°31'42" W along and leaving a fence and along the west
line of said 65.554 acre tract, a distance of 2231.18 feet to a 1/2
inch iron rod found for a corner at the northwest corner of said
65.554 acre tract in the center of Collin County Road No. 138;
THENCE N 88°29'17" E along the center of Collin County Road No. 138,
a distance of 233.36 feet to a 1/2 inch iron rod found for a corner;
THENCE S 85°49'50" E along the center of Collin County Road No. 138,
a distance of 184.32 feet to a 1/2 inch iron rod found for a corner;
THENCE S 63°59'10" E along the center of Collin County Road No. 138,
a distance of 354.06 feet to a 1/2 inch iron rod found for a corner,
said corner being at the existing southeast corner of a 24.432 acre
tract as conveyed to Ronald McCutchin Family Partnership, LTD as
recorded in Volume 5180 at Page 5070 of the Official Records of
Collin County, Texas;
THENCE S 19°34'21" W a distance of 80.01 feet to a point in the
center of Honey Creek;
THENCE in the Southerly direction, along the center of Honey Creek,
the following calls:
1.) S 06°43'24" W, 113.27 feet;
2.) S 06°15'22" E, 77.67 feet;
3.) S 33°46'10" E, 57.99 feet;
4.) N 35°34'59" E, 62.25 feet;
5.) N 58°23'22" E, 22.60 feet;
6.) S 46°10'29" E, 80.83 feet;
7.) S 05°27'00" W, 54.43 feet;
8.) S 45°06'24" E, 63.56 feet;
9.) S 18°44'24" E, 69.03 feet;
10.) S 58°47'18" E, 32.12 feet;
11.) N 52°41'40" E, 47.43 feet;
12.) N 67°16'00" E, 75.64 feet;
13.) N 35°12'35" E, 60.00 feet;
14.) N 60°30'52" E, 50.37 feet;
15.) S 72°32'58" E, 22.39 feet;
16.) S 36°49'54" E, 71.23 feet;
17.) S 41°02'59" W, 27.00 feet;
18.) S 76°48'04" W, 52.67 feet;
19.) S 44°55'45" E, 55.00 feet;
20.) S 16°33'07" W, 57.34 feet;
21.) S 31°52'47" E, 43.66 feet;
22.) N 78°09'48" E, 22.33 feet;
23.) S 51°54'16" E, 28.95 feet;
24.) S 55°06'38" W, 50.32 feet;
25.) S 11°16'44" W, 65.59 feet;
26.) S 03°33'43" E, 78.65 feet;
27.) S 59°24'41" W, 21.52 feet;
28.) S 21°27'10" W, 31.72 feet;
29.) S 34°45'44" E, 33.93 feet;
30.) S 76°35'46" E, 21.83 feet;
31.) N 71°41'53" E, 38.07 feet;
32.) S 55°38'24" E, 24.27 feet;
33.) S 11°12'23" E, 67.89 feet;
34.) S 37°45'21" E, 95.42 feet;
35.) S 84°27'23" E, 53.99 feet;
36.) N 22°38'21" W, 81.34 feet;
37.) N 58°35'43" E, 24.88 feet;
38.) S 64°53'59" E, 66.17 feet;
39.) S 86°23'33" E, 51.46 feet;
40.) S 14°58'26" E, 50.55 feet;
41.) S 57°10'26" W, 131.66 feet;
42.) S 31°56'09" E, 31.26 feet;
43.) S 69°56'55" E, 49.48 feet;
44.) N 70°36'49" E, 61.47 feet;
45.) N 26°59'04" E, 34.49 feet;
46.) N 67°04'32" E, 74.68 feet;
47.) S 77°08'16" E, 111.63 feet;
48.) S 05°51'56" W, 28.26 feet;
49.) S 50°41'16" W, 58.18 feet;
50.) S 20°03'11" W, 35.47 feet;
51.) S 37°26'50" W, 43.57 feet;
THENCE S 05°14'31" E along the center of Honey Creek, a distance of
42.60 feet to a point at the northwest corner of said 53.98 acre
tract in the center of Honey Creek;
THENCE N 89°55'48" E along the north line of said 53.98 acre tract, a
distance of 145.50 feet to a 1/2 inch iron rod found for a corner;
THENCE N 89°55'47" E along a fence and the north line of said 53.98
acre tract, a distance of 2659.19 feet to a 1/2 inch iron rod found
for a corner at the southwest corner of Lot 11;
THENCE N 00°19'55" E along a fence and the west line of Lot 11, a
distance of 359.41 feet to a fence post for a corner at the
northwest corner of Lot 11;
THENCE S 89°39'45" E along a fence and the north line of Lot 11, a
distance of 604.28 feet to a 1/2 inch iron rod found at the
northeast corner of Lot 11 on the west line of Collin County Road
No. 136;
THENCE S 00°18'53" W along a fence, the east line of Lot 11 and the
west line of Collin County Road No. 136, a distance of 361.21 feet
to a 1/2 inch iron rod found for a corner at the southeast corner of
Lot 11;
THENCE N 89°55'47" E along the north line of said 53.98 acre tract, a
distance of 29.84 feet to a 1/2 inch iron rod set for a corner at the
northeast corner of said 53.98 acre tract in the center of Collin
County Road No. 136, said corner being at the existing northwest
corner of an 81.321 acre tract as conveyed to Eland Energy, Inc. as
recorded in/under Clerk's File No. 20141002001081560 of Collin
County, Texas;
THENCE S 00°17'17" W along the west line of said 81.321 acre tract
and the center of Collin County Road No. 136, a distance of 1295.03
feet returning to the Point of Beginning and containing 170.163
acres of land.
Tract 2:
BEING a tract or parcel of land situated Collin County, Texas, being
part of the L. Wilson Survey, Abstract No. 974, part of the Richard
Phalen Survey, Abstract No. 693, part of the E. Rightman Survey,
Abstract No. 750, part of the J.W.S. Butler Survey, Abstract
No. 67, part of the A. Stapp Survey, Abstract No. 832, part of the
T. Allen Survey, Abstract No. 13, part of the J.G. Douglas Survey,
Abstract No. 263, part of the D. Douglas Survey, Abstract No. 264,
part of the G. McPherson Survey, Abstract No. 574 and part of the
R.B. Harris Survey, Abstract No. 410, being all of a 177.179 acre
tract of land as described in a General Warranty Deed from Monetta
Sample Owen, Donna Sue Whitworth, Tammy L. Shumway, Lauren B. Owen
and Kevin Owen to Mesquoakee Ranch, LLC as recorded in/under
Clerk's File No. 20160322000337270 of Collin County, Texas, being
all of a 25.864 acre tract of land as described in a Warranty Deed
from Michael P. Penick to Mesquoakee Ranch, LLC as recorded
in/under Clerk's File No. 20160322000339650 of Collin County,
Texas, being all of a 347.852 acre tract of land as described in a
General Warranty Deed from William Brian Sanders, as Independent
Executor of the Estate of James Blair Carter, Deceased to
Mesquoakee Ranch, LLC as recorded in/under Clerk's File
No. 20160406000409790 of Collin County, Texas, being all of a 6.000
acre tract of land as described in a Warranty Deed from William A.
Porter to Mesquoakee Ranch, LLC as recorded in/under Clerk's File
No. 20160323000344750 of Collin County, Texas, also being all of a
175.77 acre tract of land as described in a Special Warranty Deed
from Charles E. Bray and wife, Nicki L. Bray to Mesquoakee Ranch,
LLC as recorded in/under Clerk's File No. 20160226000226180 of
Collin County, Texas and being further described as follows:
BEGINNING at a 1/2 inch iron rod found for a corner at the northwest
corner of said 347.852 acre tract in the center of Collin County
Road No. 136, said Point of Beginning being at the existing
northeast corner of a 562.084 acre tract as conveyed to Thomas and
Nancy Carter as recorded in/under Clerk's File
No. 20150827001083840 of Collin County, Texas, said Point of
Beginning being further marked by a fence post on the east side of
Collin County Road No. 136 bearing S 89°12'24" E at a distance of
20.94 feet;
THENCE S 89°12'24" E (bearing basis) joining and along a fence and
along the north line of said 347.852 acre tract, a distance of
2776.82 feet to a 1/2 inch iron rod found for a corner, said corner
being at the existing southeast corner of an 81.321 acre tract as
conveyed to Eland Energy, Inc as recorded in/under Clerk's File
No. 20141002001081560 of Collin County, Texas, said corner also
being at the existing southwest corner of a 57.804 acre tract as
conveyed to Bangs Ranch, LLC as recorded in/under Clerk's File
No. 20181019001305900 of Collin County, Texas;
THENCE S 88°08'51" E along the south line of said 57.804 acre tract,
a distance of 174.42 feet to a 1 inch pipe found for a corner in the
center of a creek, said corner being at the existing northwest
corner of a 53.698 acre tract as conveyed to Bangs Ranch, LLC as
recorded in/under Clerk's File No. 20181228001571380 of the Land
Records of Collin County, Texas;
THENCE in the Southerly direction, along the center of a creek, the
following calls:
S 05°47'50" E, 30.74 feet;
S 58°27'10" E, 75.42 feet;
S 14°55'10" E, 71.99 feet;
S 22°23'00" W, 38.23 feet;
S 42°21'21" W, 45.46 feet;
S 57°49'32" W, 54.36 feet;
S 10°11'35" W, 163.22 feet;
S 09°06'59" E, 33.18 feet;
S 18°18'08" W, 24.12 feet;
S 32°48'29' W, 45.63 feet;
S 04°16'41" E, 20.12 feet;
S 28°57'34" E, 39.65 feet;
S 28°42'42" W, 52.09 feet;
S 00°31'15" W, 11.19 feet;
S 15°50'06" E, 43.08 feet;
S 71°34'27" W, 60.70 feet;
S 14°42'34" W, 35.31 feet;
S 28°22'54" W, 52.33 feet;
S 00°43'36" W, 44.08 feet;
S 23°25'11" E, 29.95 feet;
S 40°55'59" E, 25.86 feet;
S 11°48'45" W, 121.21 feet;
S 16°50'18" W, 64.29 feet;
S 79°19'15" W, 33.46 feet;
S 04°26'32" W, 18.60 feet;
S 00°19'46" W, 45.83 feet;
S 36°45'42" E, 51.55 feet;
S 20°44'41" E, 49.73 feet;
THENCE S 14°42'57" W along the center of said creek, a distance of
43.49 feet point for a corner, said corner being further marked by a
fence post found on the east side of said creek bearing N 89°34'07" E
at a distance of 21.93 feet;
THENCE N 89°34'07" E along a fence, a distance of 324.87 feet to a
fence post for a corner;
THENCE S 00°06'35" E along a fence, a distance of 291.49 feet to a
1/2 inch iron rod found for a corner at the southwest corner of said
53.698 acre tract;
THENCE S 00°43'15" W along a fence, a distance of 536.56 feet to a
1/2 inch iron rod found for a corner, said corner being at the
existing southwest corner of a 61.380 acre tract as conveyed to
Elizabeth Sample as recorded in Volume 6053 at Page 3713 of the
Official Records of Collin County, Texas;
THENCE S 89°46'12" E along the south line of said 61.380 acre tract,
a distance of 2757.64 feet to a 1/2 inch iron rod found for a corner
at the southeast corner of said 61.380 acre tract in the center of
Collin County Road No. 1104;
THENCE S 00°06'29" E along the center of Collin County Road
No. 1104, a distance of 504.09 feet to a 1/2 inch iron rod found for
a corner;
THENCE S 51°43'17" E along the center of Collin County Road
No. 1104, a distance of 128.98 feet to a 1/2 inch iron rod found for
a corner;
THENCE S 66°08'20" E along the center of Collin County Road
No. 1104, a distance of 37.57 feet to a 1/2 inch iron rod set for a
corner;
THENCE S 43°23'25" E along the center of Collin County Road
No. 1104, a distance of 69.91 feet to a 1/2 inch iron rod set for a
corner;
THENCE S 11°30'06" E along the center of Collin County Road
No. 1104, a distance of 123.86 feet to a 1/2 inch iron rod set for a
corner;
THENCE S 00°12'25" E along the center of Collin County Road
No. 1104, a distance of 467.62 feet to a 1/2 inch iron rod found for
a corner, said corner being at the existing northwest corner of a
31.734 acre tract as conveyed to Jack and Carol Haye as recorded in
Volume 3903 at Page 2911 of the Official Records of Collin County,
Texas;
THENCE S 00°25'25" E along the center of Collin County Road
No. 1104, a distance of 2044.49 feet to a 1/2 inch iron rod found
for a corner, said corner being at the intersection of the center of
Collin County Road No. 1104 and the center of Collin County Road
No. 177, said corner also being at the existing southwest corner of
a 15.000 acre tract as conveyed to Gary Cash as recorded in Volume
5110 at Page 3331 of the Official Records of Collin County, Texas;
THENCE S 89°22'27" E along the south line of said 15.000 acre tract
and the center of Collin County Road No. 177, a distance of 154.25
feet to a 1/2 inch iron rod set for a corner, said corner being at
the existing northwest corner of a 19.000 acre tract as conveyed to
Lkruse Properties, LLC as recorded in/under Clerk's File
No. 20140917001009400 of Collin County, Texas, said corner also
being at the intersection of the center of Collin County Road
No. 177 and the center of Collin County Road No. 173;
THENCE S 00°12'55" E along Collin County Road No. 173, a distance of
2632.09 feet to a 1/2 inch iron rod found for a corner, said corner
being at the existing southwest corner of a 30.000 acre tract as
conveyed to Clyde and Barbara Butler, Jr. as recorded in/under
Clerk's File No. 96-0012846 of Collin County, Texas;
THENCE S 89°16'14" E along the south line of said 30.000 acre tract
and the center of Collin County Road No. 173, a distance of 151.77
feet to a 1/2 inch iron rod found for a corner, said corner being at
the intersection of the Collin County Road No. 173 and the center of
Collin County Road No. 174, said corner also being at the existing
northwest corner of a 64.487 acre tract as conveyed to Rene and
Sheryl Bates as recorded in/under Clerk's File
No. 20120409000410660 of Collin County, Texas;
THENCE S 00°02'01" E along the west line of said 64.487 acre tract
and the center of Collin County Road No. 174, a distance of 2639.95
feet to a 1/2 inch iron rod found for a corner at the southwest
corner of said 64.487 acre tract, on the north line of Collin County
Road No. 134;
THENCE N 89°17'44" W along the south line of said 175.770 acre tract
and the north line of Collin County Road No. 134, a distance of
2527.62 feet to a 1/2 inch iron rod found for a corner at the
southwest corner of said 175.770 acre tract;
THENCE N 05°02'38" E a distance of 507.52 feet to a point in a pond,
said corner being further marked by a 1/2 inch iron rod found
bearing S 05°02'38" W at a distance of 67.01 feet;
THENCE S 86°17'31" E a distance of 111.87 feet to a point;
THENCE N 05°51'57" E a distance of 150.00 feet to a point;
THENCE N 33°06'59" E a distance of 556.03 feet to a point;
THENCE N 16°54'21" E a distance of 1583.98 feet to a fence post for a
corner;
THENCE S 89°15'12" E along a fence, a distance of 586.91 feet to a
1/2 inch iron rod found for a corner, said corner being at the
existing southeast corner of a 58.020 acre tract as conveyed to
Chelly and Steve Sandler as recorded in Volume 4407 at Page 3460 of
the Official Records of Collin County, Texas;
THENCE N 00°12'54" W along the east line of said 58.020 acre tract, a
distance of 2631.07 feet to a 1/2 inch iron rod set for a corner at
the northeast corner of said 58.020 acre tract in the center of
Collin County Road No. 135;
THENCE N 89°22'27" W along the center of Collin County Road No. 135,
a distance of 1031.23 feet to a 1/2 inch iron rod found for a corner;
THENCE N 89°09'51" W along the center of Collin County Road No. 135,
a distance of 1409.75 feet to a 1/2 inch iron rod found for a corner,
said corner being at the existing southeast corner of a 6.000 acre
tract as conveyed to Russell and Kayla Verden as recorded in/under
Clerk's File No. 20150406000378640 of Collin County, Texas;
THENCE N 00°39'02" E a distance of 626.13 feet to a 1/2 inch iron rod
found for a corner;
THENCE N 89°11'43" W a distance of 418.18 feet to a 1/2 inch iron rod
found for a corner, said corner being at the existing northeast
corner of a 6.000 acre tract as conveyed to Russell and Kayla Verden
as recorded in/under Clerk's File No. 20130802001088960 of Collin
County, Texas;
THENCE N 89°11'46" W a distance of 419.87 feet to a 1/2 inch iron rod
found for a corner, said corner being at the existing northeast
corner of a 5.998 acre tract as conveyed to 4E Prosper, LLC as
recorded in/under Clerk's File No. 20121005001267230 of Collin
County, Texas;
THENCE N 89°11'16" W along the north line of said 5.998 acre tract, a
distance of 420.76 feet to a 1/2 inch iron rod found for a corner at
the northwest corner of said 5.998 acre tract, said corner being at
the existing northeast corner of a 6.000 acre tract as conveyed to
Matthew and Laura Edgemon as recorded in/under Clerk's File
No. 20061117001644590 of Collin County, Texas;
THENCE N 89°11'43" W a distance of 420.15 feet to a 1/2 inch iron rod
found for a corner, said corner being at the existing northeast
corner of a 6.000 (Tract Three) acre tract as conveyed to LDJ
Properties, LTD as recorded in/under Clerk's File
No. 20060608000781540 of Collin County, Texas;
THENCE N 89°11'41" W a distance of 420.93 feet to a 1/2 inch iron rod
found for a corner, said corner being at the existing northeast
corner of a 6.000 (Tract Two) acre tract as conveyed to LDJ
Properties, LTD as recorded in/under Clerk's File
No. 20060608000781540 of Collin County, Texas;
THENCE N 89°11'44" W a distance of 421.28 feet to a 1/2 inch iron rod
found for a corner at the northeast corner of subject 6.000 acre
tract;
THENCE S 00°39'02" W along the east line of subject 6.000 acre tract,
a distance of 621.94 feet to a 1/2 inch iron rod found for a corner
at the southeast corner of subject 6.000 acre tract in the center of
Collin County Road No. 135;
THENCE N 89°37'19" W along the south line of subject 6.000 acre tract
and the center of Collin County Road No. 135, a distance of 400.52
feet to a 1/2 inch iron rod found for a corner at the southwest
corner of subject 6.000 acre tract, said corner being at the
intersection of the center of Collin County Road No. 135 and the
center of Collin County Road No. 136;
THENCE N 02°46'14" W along the west line of subject 6.000 acre tract
and the center of Collin County Road No. 136, a distance of 626.14
feet to a 1/2 inch iron rod found for a corner at the northwest
corner of subject 6.000 acre tract;
THENCE N 04°05'44" W along the center of Collin County Road No. 136,
a distance of 648.96 feet to a 1/2 inch iron rod found for a corner;
THENCE N 00°14'21" W along the center of Collin County Road No. 136,
a distance of 770.86 feet to a 1/2 inch iron rod found for a corner;
THENCE N 07°32'51" E along the center of Collin County Road No. 136,
a distance of 50.97 feet to a 1/2 inch iron rod found for a corner;
THENCE N 20°00'19" E along the center of Collin County Road No. 136,
a distance of 85.29 feet to a 1/2 inch iron rod found for a corner;
THENCE N 02°31'13" E along the center of Collin County Road No. 136,
a distance of 56.53 feet to a 1/2 inch iron rod found for a corner;
THENCE N 00°13'08" E along the center of Collin County Road No. 136,
a distance of 1035.95 feet to a 1/2 inch iron rod found for a corner;
THENCE N 89°04'40" E a distance of 66.00 feet to a 1/2 inch iron rod
found for a corner;
THENCE N 00°23'55" W a distance of 241.11 feet to a 1/2 inch iron rod
found for a corner;
THENCE S 89°00'06" W a distance of 66.00 feet to a 1/2 inch iron rod
found for a corner in the center of Collin County Road No. 136;
THENCE N 00°05'18" E along the center of Collin County Road No. 136,
a distance of 1791.04 feet returning to the Point of Beginning and
containing 732.528 acres of land.
Tract No. 3:
BEING a tract of land situated in the Benjamin Haile Survey,
Abstract No. 398. Collin County, Texas, and being all of three
tracts conveyed to J T Nevill Partnership as recorded in Instrument
No. 20160724001035170, Land Records of Collin County, Texas and
being more particularly described by metes and bounds as follows:
BEGINNING at a mag nail set for corner at the northeast corner of
tract 2 of said J T Nevill Partnership Tract, said nail being at the
northwest corner of a tract conveyed to Shelly and Steve Sandler as
recorded in Volume 4407, Page 3460, L.R.C.C.T., said nail being in
County Road No. 135;
THENCE S 00°00'31" E following the west line of said Sandler Tract
passing at 30.32' a 1/2" iron rod found and continuing in all a
distance of 2626.23' to a 1/2" iron rod found for corner in a east -
west fence;
THENCE N 89°21'18" W a distance of 145.24' to a 1/2" iron rod found
for corner;
THENCE S 89°59'08" W following the fence line a distance of 53.94' to
a 1/2" iron rod found for corner;
THENCE N 89°18'49" W following the fence line a distance of 54.06' to
a 1/2" iron rod found for corner;
THENCE N 89°53'42" W following the fence line a distance of 133.44'
to a point for corner;
THENCE N 88°47'48" W following the fence line a distance of 80.29' to
a point for corner;
THENCE S 87°22'47" W following the fence line a distance of 45.08' to
a point for corner;
THENCE N 88°24'04" W following the fence line a distance of 64.54' to
a point for corner;
THENCE S 88°35'18" W following the fence line a distance of 193.31'
to a point for corner;
THENCE N 87°28'55" W following the fence line a distance of 93.58' to
a point for corner;
THENCE S 89°28'12" W following the fence line a distance of 138.33'
to a point for corner;
THENCE S 89°59'56" W following the fence line a distance of 344.45'
to a point for corner;
THENCE S 88°43'28" W following the fence line a distance of 233.09'
to a point for corner;
THENCE S 89°12'29" W following the fence line a distance of 119.79'
to a point for corner;
THENCE N 89°33'37" W following the fence line a distance of 134.34'
to a point for corner;
THENCE N 89°19'16" W following the fence line a distance of 81.71' to
a point for corner;
THENCE N 86°52'17" W following the fence line a distance of 111.83'
to a point for corner;
THENCE S 87°26'57" W following the fence line a distance of 89.95' to
a point for corner;
THENCE S 86°33'46" W following the fence line passing at 57.06' a
3/8" iron rod found for a reference corner and continuing in all a
distance of 85.59' to a point for corner in Honey Creek Tributary
14;
THENCE following Honey Creek Tributary 14 the following calls:
N 07°58'39" E a distance of 50.94' to a point for corner;
NORTH a distance of 42.58' to a point for corner;
N 10°22'08" W a distance of 56.70' to a point for corner;
N 18°14'25" W a distance of 74.05' to a point for corner;
N 51°50'02" W a distance of 84.87' to a point for corner;
N 28°52'48" W a distance of 149.72' to a point for corner;
N 07°11'54" E a distance of 56.80' to a point for corner;
N 70°43'40" E a distance of 63.72' to a point for corner;
S 75°56'12" E a distance of 44.41' to a point for corner;
N 76°57'20" E a distance of 75.98' to a point for corner;
N 49°49'38" E a distance of 111.08' to a point for corner;
N 12°14'15" E a distance of 117.55' to a point for corner;
N 45°42'04" E a distance of 83.67' to a point for corner;
N 22°03'14" E a distance of 74.48' to a point for corner;
N 08°50'37" W a distance of 181.62' to a point for corner;
N 34°21'35" E a distance of 206.11' to a point for corner;
N 26°50'13" E a distance of 113.87' to a point for corner;
N 63°25'17" W a distance of 192.15' to a point for corner;
N 70°59'23" E a distance of 171.94' to a point for corner;
N 16°03'59" E a distance of 37.44' to a point for corner;
N 15°59'17" W a distance of 45.18' to a point for corner;
N 76°58'28" W a distance of 29.32' to a point for corner;
N 25°52'50" W a distance of 297.74' to a point for corner;
N 44°09'23" W a distance of 75.26' to a point for corner;
N 23°29'30" W a distance of 56.72' to a point for corner;
N 52°48'31" E a distance of 102.97' to a point for corner;
N 24°49'05" E a distance of 131.62' to a point for corner;
N 31°13'53" W a distance of 33.86' to a point for corner;
S 70°02'51" W a distance of 36.94' to a point for corner;
S 12°35'40" W a distance of 61.00' to a point for corner;
S 82°34'47" W a distance of 38.69' to a point for corner;
N 63°14'05" W a distance of 114.06' to a point for corner;
N 38°50'14" E a distance of 80.45' to a point for corner;
N 38°06'00" E a distance of 111.06' to a point for corner;
N 05°07'50" E a distance of 108.27' to a point for corner;
N 27°39'30" W a distance of 54.42' to a point for corner;
N 46°56'20" W a distance of 104.90' to a point for corner;
N 10°29'12" W a distance of 60.59' to a point for corner;
N 30°18'05" W a distance of 50.06' to a point for corner;
N 80°48'21" E a distance of 65.28' to a point for corner;
N 54°32'37" E a distance of 74.36' to a point for corner;
N 29°03'50" E a distance of 68.89' to a mag nail set for corner
in County Road No. 135;
THENCE S 89°57'36" E following County Road No. 135 a distance of
1911.17' to a mag nail set for corner in County Road No. 135;
THENCE N 89°34'27" E following County Road No. 135 a distance of
98.28' to the POINT OF BEGINNING and containing 5,404,588 Square
Feet or 124.072 Acres of land.
Tract No. 4:
BEING a 24.061 acre tract of land situated in the John H. Wilson
Survey, Abstract No. 964 of Collin County, Texas and being all of
the called 24.105 acre tract of land as conveyed in Affidavit of
Heirship to Diana Jean Litchford Herrin in County Clerk
No. 20180926001207030 of the Official Public Records of Collin
County, Texas, being more particularly described by metes and
bounds as follows:
BEGINNING in County Road 138 at a Mag Nail set for the southeast
earner of the called 24.105 acre tract and said Mag Nail being in
the north line of a 30' public street dedication as shown on the
Honey Creek Forms Addition, an addition to Collin County and
recorded in Volume L, Page 409 of the Map or Plat Records of Collin
County, Texas;
THENCE S 89°10'25" W with the north line of the called 30' public
street dedication a distance of 1232.77' to a point for comer in the
center of a creek;
THENCE the following calls with the meanderings of the creek;
THENCE N 14°18'37" E a distance of 77.28' to a point for corner;
THENCE N 42°49'4J" E a distance of 144.96' to a point for corner;
THENCE N 52°39'36" E a distance of 80.85' to a point for corner:
THENCE N 16"12'06" E a distance of 208.79' to a point for corner;
THENCE N 09°34'50" E a distance of 379.02' to a point for corner;
THENCE N 20°32'02" E a distance of 143.72' to a point for corner;
THENCE N 06°40'20" E o distance of 110.84' to a point for corner in
the south line of a called 90.931 acre tract of as conveyed to the
Ronald McCutchin Family Partnership, LTD., in Volume 3258, Page 442
of the Deed Records of GRAYSON County;
THENCE N 88°29'25" E leaving the creek continuing down the south
line of the called 90.931 acre tract and passing a 60D Nail at a
distance of 74.60', and said 60D Nail being north 1.29' from a wire
fence, and continuing for a total distance of 864.56' to an iron
pipe found for the northwest corner of a called 10.001 acres of land
of conveyed to Kelly M. Guest in Volume 6061, Page 1427 of the
Official Public Records of Real Property of Coffin County, Texas;
THENCE S 00°05'58" E with the west line of the said 10.001 acre tract
a distance of 1054.14' to the POINT OF BEGINNING, and containing
1,048,126 Square Feet or 24.062 Acres of land.
Tract No. 5:
BEING a tract of land situated in the Leonidas Wilson Survey,
Abstract No. 974, Collin County, Texas and being all of a called
75.335-acre tract of land described in a deed to E Real Estate, LLC,
recorded in Instrument No. 20200212000196510, Official Public
Records, Collin County, Texas, and being all of a called
81.321-acre tract of land described in a deed to E Real Estate, LLC,
recorded in Instrument No. 20200212000196520, said Official Public
Records, and being more particularly described by metes and bounds
as follows:
BEGINNING at a 1/2-inch iron rod found for the southwest corner of
said 81.321-acre tract, said iron rod being on the approximate
centerline of County Road No. 136;
THENCE North 0°37'09" West, along the westerly line of said
81.321-acre tract and generally along the centerline of said County
Road No. 136, a distance of 1267.90 feet to a 1/2-inch iron rod
found for the northwest corner of said 81.321-acre tract, common to
the southwest corner of said 75.335-acre tract;
THENCE North 0°46'31" West, continuing generally along the
centerline of said County Road No. 136 and along the westerly line
of said 75.335-acre tract, a distance of 1136.92 feet to the
northwest corner of said 75.335-acre tract, said corner being the
intersection of the centerline of said County Road No. 136 and the
centerline of County Road No. 138;
THENCE North 89°07'35" East, along the northerly line of said
75.335-acre tract and generally along the centerline of said County
Road No. 138, a distance of 667.88 feet to a point for corner;
THENCE North 88°36'18" East, continuing along the northerly line of
said 75.335-acre tract and generally along the centerline of said
County Road No. 138, a distance of 2155.33 feet to the northeast
corner of said 75.335-acre tract;
THENCE South 0°35'25" East, departing the centerline of said County
Road No. 138 and along the easterly line of said 75.335-acre tract,
a distance of 1188.27 feet to a 12-inch wood fence corner post found
for the southeast corner of said 75.335-acre tract, common to the
northeast corner of said 81.321-acre tract;
THENCE South 1°05'41" West, along the easterly line of said
81.321-acre tract, a distance of 1268.20 feet to a 1/2-inch iron rod
found for the southeast corner of said 81.321-acre tract;
THENCE South 89°46'15" West, along the southerly line of said
81.321-acre tract, a distance of 2781.44 feet to the POINT OF
BEGINNING and containing 156.654 acres (6,823,862 sq. ft.) 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, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7909, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7909.0307 to read as follows:
Sec. 7909.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.