81R4502 SLB-F

By: Laubenberg H.B. No. 894

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Van Alstyne Municipal Utility District No. 2 of Collin County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

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 8314 to read as follows:

CHAPTER 8314. VAN ALSTYNE MUNICIPAL UTILITY DISTRICT NO. 2 OF

COLLIN COUNTY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8314.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Van Alstyne Municipal Utility District No. 2 of Collin County.

Sec. 8314.002. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 8314.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.

Sec. 8314.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8314.003 until 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.

Sec. 8314.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of:

(1) a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and

(2) Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 8314.006. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act creating 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.

[Sections 8314.007-8314.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8314.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 8314.052, directors serve staggered four-year terms.

Sec. 8314.052. TEMPORARY DIRECTORS. (a) On or after the effective date of the Act creating 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 Texas Commission on Environmental Quality 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 8314.003; or

(2) the fourth anniversary of the effective date of the Act creating this chapter.

(c) If permanent directors have not been elected under Section 8314.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:

(1) the date permanent directors are elected under Section 8314.003; or

(2) the fourth anniversary of the date of the appointment or reappointment.

(d) If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition. The commission shall appoint as successor temporary directors the five persons named in the petition.

[Sections 8314.053-8314.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8314.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8314.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 8314.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 8314.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.

(b) If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.

(c) If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.

Sec. 8314.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.

Sec. 8314.106. LIMITATION ON USE OF EMINENT DOMAIN. The district may not exercise the power of eminent domain outside the district to acquire a site or easement for:

(1) a road project authorized by Section 8314.103; or

(2) a recreational facility as defined by Section 49.462, Water Code.

Sec. 8314.107. DIVISION OF DISTRICT. (a) The district may be divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) This chapter applies to any new district created by the division of the district, and a new district has all the powers and duties of the district.

(c) Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.

(d) The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district.

(e) The board may adopt an order dividing the district before or after the date the board holds an election under Section 8314.003 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 or among the new districts.

(g) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the Texas Commission on Environmental Quality and record the order in the real property records of each county in which the district is located.

(h) Any new district created by the division of the district shall hold a confirmation and directors' election as required by Section 8314.003.

(i) Municipal consent to the creation of the district and to the inclusion of land in the district granted under Section 8314.004 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.

(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.

[Sections 8314.108-8314.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8314.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 8314.153.

(b) The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.

Sec. 8314.152. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8314.151, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election.

Sec. 8314.153. CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.

[Sections 8314.154-8314.200 reserved for expansion]

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8314.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Sec. 8314.202. TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

Sec. 8314.203. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The Van Alstyne Municipal Utility District No. 2 of Collin County initially includes all the territory contained in the following area:

SITUATED in the County of Collin, State of Texas, and being a part of the W. M. Creager Survey, Abstract No. 164, and being all of the 6.120 ac. tract of land (Tract 6) conveyed to Vincent Viola by W. Mark David by Special Warranty Deed dated July 30, 2001 and recorded in Volume 4987, Page 697, Deed Records, Collin County, Texas, and being more particularly described as one tract of land by metes and bounds as follows, to-wit:

BEGINNING at a point in the West right-of-way line of State Highway No. 5, at the Northeast corner of said Viola Tract 6, at the Southeast corner of the property conveyed to John E. Steffens in Collin County Clerk's File No. 93-0104713;

THENCE South 21 deg. 08 min. 14 sec. East, with the West right-of-way line of said State Highway No. 5, a distance of 638.77 ft. to a point at the most Easterly Southeast corner of said Viola Tract 6, at the Northeast corner of the property conveyed to Tina M. Lieto;

THENCE South 69 deg. 07 min. 56 sec. West, with the North line of said Lieto tract, a distance of 142.55 ft. to a point at the Northwest corner of said Lieto tract;

THENCE South 20 deg. 28 min. 53 sec. East, with the West line of said Lieto tract, a distance of 300.17 ft. to a point in the North line of the property conveyed to Tim P. Heffernan in Collin County Clerk's File No. 94-0098977, at the Southwest corner of said Lieto tract, at the most Southerly Southeast corner of said Viola Tract 6;

THENCE South 68 deg. 55 min. 52 sec. West, with the North line of said Heffernan tract, a distance of 377.37 ft. to a point in the East line of the property conveyed to Kerry L. Burns in Collin County Clerk's File No. 93-0091969, at the Southwest corner of said Viola Tract 6;

THENCE North 01 deg. 35 min. 22 sec. East, with the East line of said Burns tract, a distance of 1,068.04 ft. to a point in the South line of said Steffens tract, at the Northeast corner of said Burns tract, at the Northwest corner of said Viola Tract 6;

THENCE South 88 deg. 00 min. 01 sec. East, with the South line of said Steffens tract, a distance of 120.42 ft. to the PLACE OF BEGINNING and containing 6.12 ACRES of land.

SITUATED in the County of Collin, State of Texas, and being a part of the W. M. Creager Survey, Abstract No. 164, and being all of the 27.387 ac. tract of land (Tract 7) conveyed to Vincent Viola by W. Mark David by Special Warranty Deed dated July 30, 2001 and recorded in Volume 4987, Page 697, Deed Records, Collin County, Texas, and being more particularly described as one tract of land by metes and bounds as follows, to-wit:

BEGINNING at a point in the West right-of-way line of State Highway No. 5, at the Northeast corner of said Viola Tract 7, at the Southeast corner of the property conveyed to Tim P. Heffernan in Collin County Clerk's File No. 94-0098977;

THENCE South 21 deg. 08 min. 14 sec. East, with the West right-of-way line of said State Highway No. 5, a distance of 1,183.89 ft. to a point at the Northeast corner of the property conveyed to M. F. Darehsori in Volume 2264, Page 395, said Collin County Deed Records;

THENCE North 87 deg. 58 min. 11 sec. West, with the North line of said Darehsori tract, a distance of 131.73 ft. to a point at the Northwest corner of said Darehsori tract;

THENCE South 02 deg. 01 min. 49 sec. West, with the West line of said Darehsori tract, a distance of 150.00 ft. to a point at the Southwest corner of said Darehsori tract;

THENCE South 87 deg. 58 min. 11 sec. East, with the South line of said Darehsori tract, a distance of 195.92 ft. to a point in the West right-of-way line of said State Highway No. 5, at the Southeast corner of said Darehsori tract;

THENCE South 21 deg. 08 min. 14 sec. East, with the West right-of-way line of said State Highway No. 5, a distance of 190.49 ft. to a point at the Southeast corner of said Viola Tract 7;

THENCE North 87 deg. 54 min. 56 sec. West, with the South line of said Viola Tract 7, a distance of 1,216.71 ft. to a point at the Southwest corner of said Viola Tract 7;

THENCE North 01 deg. 35 min. 22 sec. East, with the West line of said Viola Tract 7, a distance of 1,149.78 ft. to a point at the Northwest corner of said Viola Tract 7, at the Southwest corner of said Heffernan tract;

THENCE North 69 deg. 05 min. 34 sec. East, with the South line of said Heffernan tract, a distance of 673.94 ft. to the PLACE OF BEGINNING and containing 27.39 ACRES of land.

SITUATED in the County of Collin, State of Texas, and being a part of the W. M. Creager Survey, Abstract No. 164, being a part of the Hanny Nelson Survey, Abstract No. 431, and being all of the 14.381 ac. tract of land (Tract 4) and 20.024 ac. tract of land (Tract 5) both conveyed to Vincent Viola by W. Mark David by Special Warranty Deed dated July 30, 2001 and recorded in Volume 4987, Page 697, Deed Records, Collin County, Texas, and being more particularly described as one tract of land by metes and bounds as follows, to-wit:

BEGINNING at a point in the center of Collin County Road No. 290, a public road, in the East-right-of-way line of State Highway No. 5, at the Northwest corner of said Viola Tract 4;

THENCE South 86 deg. 46 min. 02 sec. East, with the center of said Collin County Road No. 290 and the North line of said Viola Tract 4, a distance of 752.82 ft. to a point at the Northeast corner of said Viola Tract 4, at the Northwest corner of the property conveyed to Rollin G. Andreas in Collin County Clerk's File No. 95-0024818;

THENCE South 02 deg. 30 min. 46 sec. West, with the West line of said Andreas tract, a distance of 1,162.43 ft. to a point at the Southwest corner of said Andreas tract, at the most Northerly Northwest corner of said Viola Tract 5;

THENCE South 88 deg. 22 min. 09 sec. East, with the South line of said Andreas tract, passing the Southeast corner of said Andreas tract and the Southwest corner of the property conveyed to Clyde L. Depew in Volume 2709, Page 88, said Collin County Deed Records, and continuing now with the South line of said Depew tract, passing the Southeast corner of said Depew tract and the Southwest corner of the property conveyed to Donald H. Topper in Volume 3139, Page 13, said Collin County Deed Records, and continuing now with the South line of said Topper tract for total distance of 1,305.31 ft. to a point at the Northeast corner of said Viola Tract 5;

THENCE South 02 deg. 11 min. 51 sec. West, with the East line of said Viola Tract 5, a distance of 661.46 ft. to a point at the Southeast corner of both said Viola Tract 5 and the herein described tract, at a corner of the property conveyed to Osa W. Marshhall in Volume 756, Page 823, said Collin County Deed Records;

THENCE North 87 deg. 53 min. 32 sec. West, with the South line of said Viola Tract 5 and the North line of said Marshhall tract, a distance of 1,263.76 ft. to a point in the East right-of-way line of said State Highway No. 5, at the Southwest corner of both said Viola Tract 5 and the herein described tract, at the Northwest corner of said Marshhall tract;

THENCE North 21 deg. 07 min. 59 sec. West, with the East right-of-way line of said State Highway No. 5 and the West line of said Viola Tract 5, passing the most Westerly Northwest corner of said Viola Tract 5 and the Southwest corner of said Viola Tract 4 and continuing now with the West line of said Viola Tract 4 for a total distance of 1,989.19 ft. to the PLACE OF BEGINNING and containing 34.40 ACRES of land.

SITUATED in the County of Collin, State of Texas, and being a part of the J. C. Burge Survey, Abstract No. 106, and being a part of the 363.943 ac. tract of land (Tract 2) conveyed to Vincent Viola by W. Mark David by Special Warranty Deed dated July 30, 2001 and recorded in Volume 4987, Page 697, Deed Records, Collin County, Texas, and being more particularly described as one tract of land by metes and bounds as follows, to-wit:

BEGINNING at a point at a Southwest corner of said Viola Tract 2, at an Ell corner of the property conveyed to Leonard Harlow in Collin County Clerk's File No. 92-0054819, at the most Southerly Southwest corner of the herein described tract;

THENCE North 00 deg. 42 min. 55 sec. East, with an East line of said Harlow tract, a distance of 1,221.14 ft. to a point at the a Northeast corner of said Harlow tract, at an Ell corner of the herein described tract;

THENCE South 88 deg. 56 min. 57 sec. West, with a North line of said Harlow tract, a distance of 231.65 ft. to a point at the most Westerly Southwest corner of the herein described tract;

THENCE North 27 deg. 03 min. 33 sec. West, with an East line of said Harlow tract, a distance of 80.10 ft. to a point in the center of a public road, at the most Westerly Northwest corner of the herein described tract, at a Northeast corner of said Harlow tract;

THENCE Northeasterly, with the center of said public road, the following calls and distances:

North 57 deg. 35 min. 20 sec. East, a distance of 87.86 ft.;

North 56 deg. 56 min. 45 sec. East, a distance of 149.91 ft.;

North 51 deg. 48 min. 17 sec. East, a distance of 78.22 ft.;

North 36 deg. 51 min. 30 sec. East, a distance of 94.21 ft.;

North 08 deg. 32 min. 03 sec. East, a distance of 105.61 ft. to a point in the South line of the Mantua Cemetery, at the most Northerly Northwest corner of the herein described tract;

THENCE South 87 deg. 00 min. 45 sec. East, with the South line of said Mantua Cemetery, passing the Southeast corner of said Mantua Property and the most Southerly Southwest corner of the 217.416 ac. tract of land (Tract 3) conveyed to Vincent Viola in said Volume 4987, Page 697, and continuing now with a South line of said Viola Tract 3 for a total distance of 1,046.88 ft. to a point at the Northwest corner of the property conveyed to Virginia R. Bryant in Volume 2867, Page 168, said Collin County Deed Records, at the Northeast corner of the herein described tract;

THENCE South 02 deg. 45 min. 18 sec. West, with the West line of said Bryant tract, a distance of 1,638.97 ft. to a point at the Southeast corner of the herein described tract, at a Southeast corner of said Viola Tract 2;

THENCE North 87 deg. 27 min. 35 sec. West, with a North line of said Bryant tract, passing a Northwest corner of said Bryant tract and the most Easterly Northeast corner of said Harlow tract and continuing now with a South line of said Harlow tract for a total distance of 1,048.38 ft. to the PLACE OF BEGINNING and containing 41.44 ACRES of land.

SITUATED in the County of Collin, State of Texas, and being a part of the J. C. Burge Survey, Abstract No. 106, and being a part of the Eli Witt Survey, Abstract No. 997, and being a part of the 363.943 ac. tract of land (Tract 2) conveyed to Vincent Viola by W. Mark David by Special Warranty Deed dated July 30, 2001 and recorded in Volume 4987, Page 697, Deed Records, Collin County, Texas, and being more particularly described as one tract of land by metes and bounds as follows, to-wit:

BEGINNING at a point in the center of a public road, in the East right-of-way line of U. S. Highway No. 75, at the Southwest corner of said Viola Tract 2, at the Northwest corner of the property conveyed to Stephen Gaggero in Volume 2929, Page 414, said Collin County Deed Records;

THENCE Northerly, with the East right-of-way line of said U. S. Highway No. 75, the following calls and distances:

North 08 deg. 39 min. 30 sec. East, a distance of 14.42 ft. to an angle point;

North 40 deg. 29 min. 30 sec. West, a distance of 39.23 ft. to an angle point;

North 08 deg. 39 min. 30 sec. East, a distance of 66.97 ft. to an angle point;

North 11 deg. 31 min. 15 sec. East, a distance of 200.20 ft. to an angle point;

North 05 deg. 47 min. 46 sec. East, a distance of 200.20 ft. to an angle point;

North 08 deg. 39 min. 30 sec. East, a distance of 999.74 ft. to an angle point;

North 05 deg. 47 min. 46 sec. East, a distance of 400.40 ft. to an angle point;

North 08 deg. 39 min. 30 sec. East, a distance of 799.79 ft. to an angle point;

North 10 deg. 48 min. 22 sec. East, a distance of 800.35 ft. to an angle point;

North 08 deg. 39 min. 30 sec. East, a distance of 679.13 ft. to an angle point;

North 06 deg. 50 min. 30 sec. East, a distance of 740.09 ft. to an angle point;

North 01 deg. 38 min. 37 sec. East, a distance of 739.74 ft. to an angle point;

North 07 deg. 51 min. 29 sec. East, a distance of 265.63 ft. to an angle point;

North 04 deg. 14 min. 15 sec. East, a distance of 400.40 ft. to an angle point;

North 15 deg. 24 min. 41 sec. East, a distance of 206.10 ft. to an angle point;

North 40 deg. 02 min. 06 sec. East, a distance of 256.06 ft. to an angle point;

North 09 deg. 32 min. 30 sec. East, a distance of 135.82 ft. to an angle point;

North 46 deg. 22 min. 30 sec. East, a distance of 42.42 ft. to an angle point;

North 02 deg. 41 min. 47 sec. East, a distance of 39.59 ft. to an angle point;

North 42 deg. 51 min. 30 sec. West, a distance of 42.42 ft. to an angle point;

North 05 deg. 43 min. 30 sec. West, a distance of 166.76 ft. to an angle point;

North 33 deg. 37 min. 01 sec. West, a distance of 244.07 ft. to an angle point;

North 05 deg. 45 min. 00 sec. West, a distance of 403.01 ft. to an angle point;

North 09 deg. 56 min. 05 sec. West, a distance of 203.91 ft. to an angle point;

North 01 deg. 22 min. 30 sec. East, a distance of 513.55 ft. to an angle point;

North 45 deg. 48 min. 30 sec. East, a distance of 42.85 ft. to an angle point;

North 01 deg. 22 min. 30 sec. East, a distance of 26.10 ft. to a point at the intersection of the East right-of-way line of said U. S. Highway No. 75 with the center of a public road from the East, at the Northwest corner of the herein described tract;

THENCE North 89 deg. 26 min. 08 sec. East, with the center of said public road, a distance of 492.32 ft. to a point at the most Northerly Northeast corner of the herein described tract, at the most Westerly Northwest corner of the property conveyed to Leonard Harlow in Collin County Clerk's File No. 92-0054819;

THENCE South 00 deg. 05 min. 12 sec. West, with a West line of said Harlow tract, a distance of 1,603.33 ft. to a point at the centerline intersection of said public road with the center of Mantua Road, a public road, at the most Westerly Southwest corner of said Harlow tract;

THENCE South 88 deg. 26 min. 29 sec. East, with the center of said Mantua Road and with a South line of said Harlow tract, a distance of 759.59 ft. to a point at an Ell corner of said Harlow tract;

THENCE South 02 deg. 15 min. 21 sec. West, with a West line of said Harlow tract, passing the most Southerly Southwest corner of said Harlow tract and the Northwest corner of the property conveyed to R. E. Lindsey in Volume 986, Page 629, said Collin County Deed Records, and continuing now with the West line of said R. E. Lindsey tract for a total distance of 2,235.00 ft. to a point in the North line of the property conveyed to Arlie E. Lindsey in Volume 989, Page 400, said Collin County Deed Records, at the Southwest corner of said R. E. Lindsey tract, at the most Easterly Southeast corner of the herein described tract;

THENCE North 85 deg. 49 min. 25 sec. West, with the North line of said Arlie E. Lindsey tract, a distance of 774.86 ft. to a point at the Northwest corner of said Arlie E. Lindsey tract;

THENCE South 00 deg. 29 min. 03 sec. West, with the West line of said Arlie E. Lindsey tract, passing the Southwest corner of said Arlie E. Lindsey tract and the Northwest corner of the property conveyed to Leonard Harlow in Volume 2408, Page 323, said Collin County Deed Records, and continuing now with the West line of said Harlow tract for a total distance of 4,656.81 ft. to a point at the most Southerly Southeast corner of said Viola Tract 2 and the herein described tract, at the Northeast corner of said Gaggero tract;

THENCE North 89 deg. 50 min. 05 sec. West, with the North line of said Gaggero tract, entering the pavement of a public road, and continuing now with the center of said road for a total distance of 748.48 ft. to an angle point;

THENCE North 89 deg. 27 min. 33 sec. West, continuing with the center of said public road and the North line of said Gaggero tract, a distance of 448.56 ft. to the PLACE OF BEGINNING and containing 177.70 ACRES of land.

SITUATED in the County of Collin, State of Texas, and being a part of the Hanny Nelson Survey, Abstract No. 431, and being a part of the J. C. Burge Survey, Abstract No. 106, and being a part of the W. M. Creager Survey, Abstract No. 164, and being a part of the 363.943 ac. tract of land (Tract 2) and all of the 217.416 ac. tract of land (Tract 3), both conveyed to Vincent Viola by W. Mark David by Special Warranty Deed dated July 30, 2001 and recorded in Volume 4987, Page 697, Deed Records, Collin County, Texas, and being more particularly described as one tract of land by metes and bounds as follows, to-wit:

BEGINNING at a point in East right-of-way line of U. S. Highway No. 75, in the center of Collin County Road No. 290, at the most Northerly Northwest corner of said Viola Tract 2;

THENCE South 87 deg. 47 min. 57 sec. East, with the center of said Collin County Road No. 290, a distance of 677.09 ft. to a point at the Northeast corner of said Viola Tract 2, at the Northwest corner of said Viola Tract 3;

THENCE South 88 deg. 25 min. 32 sec. East, continuing with the center of said Collin County Road No. 290, a distance of 447.93 ft. to a point at the Northwest corner of the property conveyed to Jim Lawrence in Volume 1498, Page 563, said Collin County Deed Records;

THENCE South 01 deg. 54 min. 14 sec. West, with the West line of said Lawrence tract, a distance of 599.97 ft. to a point at the Southwest corner of said Lawrence tract;

THENCE South 88 deg. 12 min. 30 sec. East, with the South line of said Lawrence tract, a distance of 579.90 ft. to a point at the Southeast corner of said Lawrence tract;

THENCE North 01 deg. 58 min. 08 sec. East, with the East line of said Lawrence tract, a distance of 602.17 ft. to a point in the center of said Collin County Road No. 290, at the Northeast corner of said Lawrence tract;

THENCE South 88 deg. 25 min. 32 sec. East, with the center of said Collin County Road No. 290, passing the most Westerly Southwest corner of the property conveyed to Tucker B. McDonald in Collin County Clerk's File No. 94-0053961, and continuing now with a South line of said McDonald tract for a total distance of 815.54 ft. to a point at a Northeast corner of said Viola Tract 3, at an Ell corner of said McDonald tract;

THENCE South 01 deg. 55 min. 23 sec. West, with a West line of said McDonald tract, a distance of 144.12 ft. to a point at the Southwest corner of said McDonald tract;

THENCE South 88 deg. 09 min. 09 sec. East, with a South line of said McDonald tract, passing the Southeast corner of said McDonald tract and a Southwest corner of the property conveyed to Forrest W. Moore in Volume 1799, Page 804, said Collin County Deed Records, and continuing now with a South line of said Moore tract for a total distance of 1,372.74 ft. to a point in West right-of-way line of State Highway No. 5, at the Northeast corner of both said Viola Tract 3 and the herein described tract;

THENCE South 21 deg. 08 min. 14 sec. East, with the West right-of-way line of said State Highway No. 5, a distance of 1,357.58 ft. to a point at the most Easterly Southeast corner of both said Viola Tract 3 and the herein described tract, at the Northeast corner of the property conveyed to John E. Steffens in Collin County Clerk's File No. 93-0104713;

THENCE North 87 deg. 57 min. 15 sec. West, with the North line of said Steffens tract, a distance of 701.67 ft. to a point at the Northwest corner of said Steffens tract;

THENCE South 00 deg. 32 min. 52 sec. East, with the West line of said Steffens tract, a distance of 185.54 ft. to a point in the North line of the property conveyed to Ann Marie Forlenza in Collin County Clerk's File No. 96-0016528, at the Southwest corner of said Steffens tract;

THENCE North 88 deg. 15 min. 56 sec. West, with the North line of said Forlenza tract, passing the Northwest corner of said Forlenza tract and the Northeast corner of Anna 103, an Addition to Collin County, Texas, as recorded in the Collin County Plat Records, a distance of 219.14 ft. to an angle point in the North line of said Anna 103 Addition;

THENCE North 88 deg. 54 min. 31 sec. West, continuing with the North line of said Anna 103 Addition, a distance of 802.35 ft. to a point at the Northwest corner of said Anna 103 Addition;

THENCE South 02 deg. 22 min. 42 sec. West, with the West line of said Anna 103 Addition, a distance of 2,263.74 ft. to a point at the Northeast corner of the property conveyed to Ronald Larue in Volume 1697, Page 57, said Collin County Deed Records;

THENCE North 83 deg. 28 min. 52 sec. West, with the North line of said Larue tract, a distance of 386.62 ft. to a point at the Northwest corner of said Larue tract;

THENCE South 02 deg. 22 min. 41 sec. West, with the West line of said Larue tract, a distance of 335.53 ft. to a point in the North line of the property conveyed to Virginia R. Bryant in Volume 2867, Page 168, said Collin County Deed Records, at the Southwest corner of said Larue tract;

THENCE North 86 deg. 56 min. 09 sec. West, with the North line of said Bryant tract, a distance of 474.85 ft. to a point at the Northwest corner of said Bryant tract;

THENCE North 87 deg. 00 min. 45 sec. West, a distance of 597.94 ft. to a point at the Southeast corner of the Mantua Cemetery;

THENCE North 01 deg. 35 min. 32 sec. East, with the East line of said Mantua Cemetery, a distance of 372.22 ft. to a point at the Northeast corner of said Mantua Cemetery;

THENCE South 54 deg. 09 min. 25 sec. West, with the North line of said Mantua Cemetery, a distance of 319.95 ft. to an angle point;

THENCE North 40 deg. 29 min. 38 sec. West, continuing with the North line of said Mantua Cemetery, a distance of 134.58 ft. to an angle point;

THENCE South 81 deg. 54 min. 46 sec. West, continuing with the North line of said Mantua Cemetery, a distance of 60.47 ft. to an angle point;

THENCE South 20 deg. 08 min. 34 sec. West, continuing with the North line of said Mantua Cemetery, a distance of 155.17 ft. to an angle point;

THENCE South 69 deg. 37 min. 57 sec. West, continuing with the North line of said Mantua Cemetery, a distance of 17.16 ft. to a point in the center of a public road, at the Northwest corner of said Mantua Cemetery;

THENCE South 03 deg. 13 min. 52 sec. West, with the West line of said Mantua Cemetery, a distance of 102.46 ft. to a point at the Southwest corner of said Mantua Cemetery;

THENCE South 87 deg. 00 min. 45 sec. East, with the South line of said Mantua Cemetery, a distance of 23.27 ft. to a point in the center of said public road;

THENCE South 08 deg. 32 min. 03 sec. West, with the center of said public road, a distance of 105.61 ft. to an angle point;

THENCE South 36 deg. 51 min. 30 sec. West, continuing with the center of said public road, a distance of 94.21 ft. to an angle point;

THENCE South 51 deg. 48 min. 17 sec. West, continuing with the center of said public road, a distance of 78.22 ft. to an angle point;

THENCE South 56 deg. 56 min. 45 sec. West, continuing with the center of said public road, a distance of 149.91 ft. to an angle point;

THENCE South 57 deg. 35 min. 20 sec. West, continuing with the center of said public road, a distance of 87.86 ft. to a point at the most Northerly Northeast corner of the property conveyed to Leonard Harlow in Collin County Clerk's File No. 92-0054819;

THENCE South 72 deg. 58 min. 34 sec. West, with a North line of said Harlow tract, a distance of 246.79 ft. to a point at the most Northerly Northwest corner of said Harlow tract;

THENCE South 01 deg. 36 min. 58 sec. West, with a West line of said Harlow tract, a distance of 398.78 ft. to an angle point;

THENCE South 21 deg. 05 min. 34 sec. West, with a North line of said Harlow tract, a distance of 82.04 ft. to a point at an Ell corner of said Harlow tract;

THENCE North 87 deg. 34 min. 30 sec. West, continuing with a North line of said Harlow tract, entering the centerline of said public road and continuing for a distance of 233.21 ft. to a point at the most Westerly Northwest corner of said Harlow tract;

THENCE South 89 deg. 26 min. 08 sec. West, with the center of said public road, a distance of 492.32 ft. to a point at the intersection of the center of said public road with the East right-of-way line of said U. S. Highway No. 75;

THENCE Northerly, with the East right-of-way line of U. S. Highway No. 75, the following calls and distances:

North 01 deg. 22 min. 30 sec. East, a distance of 26.10 ft. to an angle point;

North 44 deg. 23 min. 30 sec. West, a distance of 41.84 ft. to an angle point;

North 01 deg. 22 min. 30 sec. East, a distance of 774.10 ft. to an angle point;

North 04 deg. 20 min. 30 sec. West, a distance of 200.95 ft. to an angle point;

North 01 deg. 22 min. 30 sec. East, a distance of 199.95 ft. to an angle point;

North 04 deg. 14 min. 15 sec. East, a distance of 200.20 ft. to an angle point;

North 07 deg. 05 min. 08 sec. East, a distance of 200.95 ft. to an angle point;

North 01 deg. 22 min. 30 sec. East, a distance of 199.95 ft. to an angle point;

North 04 deg. 20 min. 08 sec. West, a distance of 200.95 ft. to an angle point;

North 00 deg. 03 min. 25 sec. West, a distance of 400.02 ft. to an angle point;

North 09 deg. 54 min. 21 sec. East, a distance of 202.18 ft. to an angle point;

North 07 deg. 09 min. 20 sec. West, a distance of 202.18 ft. to an angle point;

North 00 deg. 32 min. 03 sec. West, a distance of 600.18 ft. to an angle point;

North 04 deg. 57 min. 05 sec. East, a distance of 400.68 ft. to an angle point;

North 07 deg. 05 min. 08 sec. East, a distance of 401.89 ft. to an angle point;

North 01 deg. 22 min. 31 sec. East, a distance of 159.31 ft. to a point at the beginning of a curve;

Northerly, with a curve to the left having a radius of 11,681.11 ft. and a central angle of 02 deg. 16 min. 07 sec. (chord bears North 00 deg. 14 min. 28 sec. East, 462.48 ft.), an arc distance of 462.51 ft. to a point at the end of said curve;

North 49 deg. 37 min. 30 sec. East, a distance of 43.80 ft. to an angle point;

South 88 deg. 06 min. 30 sec. East, a distance of 479.87 ft. to an angle point;

North 24 deg. 52 min. 30 sec. East, a distance of 179.23 ft. to an angle point;

North 01 deg. 41 min. 57 sec. East, a distance of 18.13 ft. to the PLACE OF BEGINNING and containing 362.23 ACRES of land.

SITUATED in the County of Collin, State of Texas, and being a part of the following Surveys: the Jonas Whitaker Survey, Abstract No. 981, the P. Burns Survey, Abstract No. 100, and the J. Batterman Survey, Abstract No. 94, the Zach Roberts Survey, Abstract No. 760, and the Henry Smith Survey, Abstract No. 822, and being a part of the 1232.837 ac. tract of land conveyed to Vincent Viola by W. Mark David by Special Warranty Deed dated July 30, 2001 and recorded in Volume 4987, Page 726, Deed Records, Collin County, Texas, and being all of the 22.597 ac. tract of land (Tract 2) conveyed to Vincent J. Viola by Don S. Flesher by Warranty Deed dated September 10, 2004 and recorded in Volume 5766, Page 6210, said Collin County Deed Records, and being all of the 57.24 ac. tract of land conveyed to Vincent J. Viola by Jack R. Shirley, Trustee of the Shirley Living Trust by Warranty Deed with Vendor's Lien dated February 26, 2004 and recorded in Volume 5616, Page 5706, said Collin County Deed Records, and being more particularly described as one tract of land by metes and bounds as follows, to-wit:

BEGINNING at a 1/2 inch rebar found at the Southwest corner of said Viola 57.24 ac., at the most Southerly Southeast corner of the 133.814 ac. tract of land conveyed to Vincent J. Viola in Volume 5642, Page 1395, said Collin County Deed Records;

THENCE North 00 deg. 16 min. 20 sec. East, with the West line of said Viola 57.24 ac., a distance of 1,686.94 ft. to a 1/2 inch rebar found at the Northwest corner of said Viola 57.24 ac., at an Ell corner of said Viola 133.814 ac.;

THENCE North 89 deg. 26 min. 03 sec. East, with the North line of said Viola 57.24 ac., entering the pavement of Collin County Road No. 290 and continuing now with the center of said Collin County Road No. 290 for a total distance of 772.79 ft. to a 1/2 inch rebar found at the most Easterly Southeast corner of said Viola 133.814 ac., at the Northeast corner of said;

THENCE South 00 deg. 15 min. 47 sec. East, with the East line of said Viola 57.24 ac., a distance of 190.12 ft. to a point in the center of a creek;

THENCE Southerly, with the center of a creek, maintaining the East line of said Viola 57.24 ac., the following calls and distances:

South 79 deg. 06 min. 47 sec. East, a distance of 36.06 ft.;

South 49 deg. 26 min. 47 sec. East, a distance of 135.00 ft.;

North 85 deg. 33 min. 13 sec. East, a distance of 98.00 ft.;

South 39 deg. 36 min. 47 sec. East, a distance of 85.00 ft.;

South 79 deg. 46 min. 47 sec. East, a distance of 83.00 ft.;

South 41 deg. 03 min. 47 sec. East, a distance of 39.00 ft.;

South 69 deg. 26 min. 47 sec. East, a distance of 38.00 ft.;

North 63 deg. 33 min. 13 sec. East, a distance of 62.00 ft.;

North 69 deg. 01 min. 13 sec. East, a distance of 131.30 ft.;

South 60 deg. 26 min. 47 sec. East, a distance of 100.00 ft.;

South 55 deg. 26 min. 47 sec. East, a distance of 100.00 ft.;

North 69 deg. 33 min. 13 sec. East, a distance of 40.00 ft.;

South 73 deg. 26 min. 47 sec. East, a distance of 25.00 ft.;

South 24 deg. 26 min. 47 sec. East, a distance of 67.30 ft.;

South 79 deg. 26 min. 47 sec. East, a distance of 25.00 ft.;

South 59 deg. 26 min. 47 sec. East, a distance of 50.00 ft.;

South 85 deg. 26 min. 47 sec. East, a distance of 27.00 ft.;

South 56 deg. 59 min. 47 sec. East, a distance of 27.30 ft.;

South 08 deg. 52 min. 47 sec. East, a distance of 71.20 ft.;

South 81 deg. 12 min. 13 sec. West, a distance of 33.40 ft.;

South 06 deg. 27 min. 47 sec. East, a distance of 118.00 ft.;

South 11 deg. 37 min. 47 sec. East, a distance of 36.70 ft.;

South 59 deg. 18 min. 13 sec. West, a distance of 79.60 ft.;

North 85 deg. 26 min. 47 sec. West, a distance of 56.00 ft.;

South 04 deg. 33 min. 13 sec. West, a distance of 22.00 ft.;

South 57 deg. 45 min. 47 sec. East, a distance of 68.90 ft.;

South 80 deg. 16 min. 13 sec. West, a distance of 56.70 ft.;

South 19 deg. 24 min. 47 sec. East, a distance of 39.40 ft.;

North 80 deg. 06 min. 47 sec. West, a distance of 80.30 ft.;

South 09 deg. 02 min. 13 sec. West, a distance of 63.40 ft.;

South 07 deg. 15 min. 47 sec. East, a distance of 69.40 ft.;

South 35 deg. 13 min. 47 sec. East, a distance of 52.00 ft.;

South 83 deg. 32 min. 13 sec. West, a distance of 59.60 ft.;

South 20 deg. 33 min. 13 sec. West, a distance of 73.00 ft.;

South 37 deg. 03 min. 47 sec. East, a distance of 47.00 ft.;

North 53 deg. 01 min. 13 sec. East, a distance of 94.80 ft.;

South 85 deg. 26 min. 47 sec. East, a distance of 18.70 ft.;

South 42 deg. 14 min. 13 sec. West, a distance of 36.10 ft.;

South 05 deg. 06 min. 47 sec. East, a distance of 93.90 ft.;

South 03 deg. 45 min. 47 sec. East, a distance of 143.20 ft.;

South 51 deg. 56 min. 13 sec. West, a distance of 33.30 ft.;

South 12 deg. 51 min. 13 sec. West, a distance of 50.20 ft.;

South 29 deg. 57 min. 47 sec. East, a distance of 69.80 ft.;

South 01 deg. 15 min. 47 sec. East, a distance of 68.50 ft.;

South 62 deg. 19 min. 47 sec. East, a distance of 35.90 ft.;

South 47 deg. 33 min. 13 sec. West, a distance of 60.10 ft.;

South 38 deg. 38 min. 13 sec. West, a distance of 41.00 ft.;

South 13 deg. 43 min. 13 sec. West, a distance of 28.30 ft. to a point in the South line of said Burns Survey, in the North line of said Roberts Survey, at the Southeast corner of said Viola 57.24 ac.;

THENCE North 87 deg. 53 min. 41 sec. East, with the South line of said Burns Survey and the North line of said Roberts Survey, a distance of 1,044.91 ft. to a point;

THENCE North 05 deg. 00 min. 01 sec. West, a distance of 601.89 ft. to a point;

THENCE North 33 deg. 30 min. 28 sec. East, a distance of 476.03 ft. to a point;

THENCE North 58 deg. 43 min. 50 sec. East, a distance of 352.20 ft. to a point;

THENCE North 61 deg. 29 min. 44 sec. East, a distance of 423.81 ft. to a point in the East line of said Burns Survey, in the West line of said Whitaker Survey;

THENCE North 00 deg. 41 min. 31 sec. West, with the East line of said Burns Survey and the West line of said Whitaker Survey, a distance of 1,495.74 ft. to a point in the center of said Collin County Road No. 290;

THENCE North 51 deg. 14 min. 09 sec. East, with the center of said Collin County Road No. 290, a distance of 159.23 ft. to a point at the intersection of said Collin County Road No. 290 with Collin County Road No. 372;

THENCE Easterly, with the center of said Collin County Road No. 372, the following calls and distances:

North 60 deg. 43 min. 16 sec. East, a distance of 129.67 ft.;

North 82 deg. 17 min. 34 sec. East, a distance of 143.98 ft.;

South 81 deg. 39 min. 08 sec. East, a distance of 527.44 ft.;

South 85 deg. 18 min. 09 sec. East, a distance of 68.25 ft.;

North 83 deg. 05 min. 09 sec. East, a distance of 72.42 ft.;

North 75 deg. 45 min. 15 sec. East, a distance of 103.51 ft.;

South 89 deg. 56 min. 56 sec. East, a distance of 69.12 ft.;

South 67 deg. 57 min. 27 sec. East, a distance of 71.26 ft.;

South 60 deg. 49 min. 08 sec. East, a distance of 186.54 ft.;

South 68 deg. 03 min. 52 sec. East, a distance of 396.07 ft.;

South 83 deg. 28 min. 02 sec. East, a distance of 100.14 ft.;

North 55 deg. 13 min. 57 sec. East, a distance of 89.72 ft.;

North 37 deg. 10 min. 57 sec. East, a distance of 265.16 ft.;

North 33 deg. 28 min. 27 sec. East, a distance of 305.00 ft.;

North 48 deg. 48 min. 29 sec. East, a distance of 93.49 ft.;

South 86 deg. 57 min. 36 sec. East, a distance of 96.84 ft.;

South 69 deg. 12 min. 09 sec. East, a distance of 184.29 ft.;

South 66 deg. 03 min. 55 sec. East, a distance of 186.27 ft.;

South 74 deg. 09 min. 11 sec. East, a distance of 54.65 ft.;

South 87 deg. 30 min. 14 sec. East, a distance of 53.25 ft.;

North 86 deg. 10 min. 45 sec. East, a distance of 143.79 ft.;

North 89 deg. 42 min. 59 sec. East, a distance of 353.70 ft. to a point at the intersection of the centerline of said Collin County Road No. 372 with the West right-of-way line of U. S. Highway No. 75;

THENCE Southerly, with the West right-of-way line of said U. S. Highway No. 75, the following calls and distances:

South 01 deg. 22 min. 30 sec. West, a distance of 24.40 ft.;

South 44 deg. 11 min. 30 sec. East, a distance of 41.99 ft.;

South 01 deg. 22 min. 30 sec. West, a distance of 106.12 ft.;

South 07 deg. 05 min. 08 sec. West, a distance of 200.95 ft.;

South 09 deg. 54 min. 21 sec. West, a distance of 202.18 ft.;

South 07 deg. 09 min. 20 sec. East, a distance of 202.18 ft.;

South 04 deg. 14 min. 15 sec. West, a distance of 400.39 ft.;

South 27 deg. 51 min. 36 sec. West, a distance of 428.42 ft.;

North 87 deg. 12 min. 30 sec. West, a distance of 26.99 ft.;

South 02 deg. 47 min. 30 sec. West, a distance of 99.97 ft.;

South 87 deg. 12 min. 30 sec. East, a distance of 76.98 ft.;

South 18 deg. 26 min. 30 sec. East, a distance of 334.99 ft.;

South 04 deg. 20 min. 08 sec. East, a distance of 200.95 ft.;

South 07 deg. 09 min. 20 sec. East, a distance of 202.18 ft.;

South 02 deg. 19 min. 27 sec. East, a distance of 464.85 ft.;

South 03 deg. 11 min. 45 sec. West, a distance of 716.58 ft.;

South 06 deg. 50 min. 15 sec. West, a distance of 716.60 ft.;

South 09 deg. 51 min. 13 sec. West, a distance of 479.28 ft.;

South 08 deg. 39 min. 30 sec. West, a distance of 199.95 ft.;

South 05 deg. 47 min. 46 sec. West, a distance of 200.20 ft.;

South 08 deg. 39 min. 30 sec. West, a distance of 357.82 ft.;

North 88 deg. 16 min. 26 sec. West, a distance of 63.63 ft.;

South 01 deg. 55 min. 30 sec. West, a distance of 287.46 ft.;

North 89 deg. 33 min. 30 sec. West, a distance of 67.70 ft.;

South 00 deg. 26 min. 30 sec. West, a distance of 69.98 ft.;

South 89 deg. 33 min. 30 sec. East, a distance of 39.99 ft.;

South 44 deg. 07 min. 30 sec. East, a distance of 58.87 ft.;

South 08 deg. 39 min. 30 sec. West, a distance of 2,558.67 ft.;

South 49 deg. 30 min. 30 sec. West, a distance of 45.38 ft.;

South 08 deg. 39 min. 30 sec. West, a distance of 15.84 ft. to a point at the Southeast corner of the herein described tract, at the Northeast corner of the property conveyed to LMB Corporation in Volume 2600, Page 302, said Collin County Deed Records;

THENCE North 89 deg. 48 min. 50 sec. West, with the North line of said LMB Corporation tract, a distance of 641.87 ft. to an angle point;

THENCE South 89 deg. 39 min. 22 sec. West, continuing with the North line of said LMB Corporation tract, a distance of 375.17 ft. to a point at the Northwest corner of said LMB Corporation tract, at the Southeast corner of the property conveyed to William A. Taylor in Collin County Clerk's File No. 96-0003487;

THENCE North 00 deg. 11 min. 27 sec. West, with the East line of said Taylor tract, passing the Northeast corner of said Taylor tract, passing the Southeast corner of Lot 1 of the unrecorded plat of Hurricane Creek Estates, a distance of 2,021.62 ft. to a point at the Northeast corner of said Lot 1;

THENCE South 81 deg. 47 min. 32 sec. West, with the North line of said Lot 1, a distance of 212.49 ft. to a point at the Northwest corner of said Lot 1, at the Northeast corner of Lot 2, said Hurricane Creek Estates;

THENCE South 81 deg. 59 min. 05 sec. West, with the North line of said Lot 2, a distance of 212.39 ft. to a point at the Northwest corner of said Lot 2, at the Northeast corner of Lot 3, said Hurricane Creek Estates;

THENCE South 80 deg. 54 min. 23 sec. West, with the North line of said Lot 3, a distance of 215.41 ft. to a point at the Northwest corner of said Lot 3, at the Northeast corner of Lot 4, said Hurricane Creek Estates;

THENCE South 81 deg. 15 min. 20 sec. West, with the North line of said Lot 4, a distance of 212.27 ft. to a point at the Northwest corner of said Lot 4, at the Northeast corner of Lot 5, said Hurricane Creek Estates;

THENCE South 81 deg. 25 min. 52 sec. West, with the North line of said Lot 5, a distance of 219.67 ft. to a point in the East line of Lot 7, said Hurricane Creek Estates, at the Northwest corner of said Lot 5;

THENCE North 00 deg. 19 min. 42 sec. East, with the East line of said Lot 7, a distance of 95.63 ft. to a point at the Northeast corner of said Lot 7, at the Southeast corner of Lot 8, said Hurricane Creek Estates;

THENCE North 01 deg. 59 min. 02 sec. East, with the East line of said Lot 8, a distance of 242.11 ft. to a point at the Northeast corner of said Lot 8, at the Southeast corner of Lot 9, said Hurricane Creek Estates;

THENCE North 01 deg. 26 min. 32 sec. East, with the East line of said Lot 9, passing the Northeast corner of said Lot 9 and the Southeast corner of Lot 10, said Hurricane Creek Estates and continuing now with the East line of said Lot 10 for a total distance of 264.53 ft. to an angle point;

THENCE North 02 deg. 07 min. 27 sec. East, continuing with the East line of said Lot 10, a distance of 76.53 ft. to an angle point;

THENCE North 05 deg. 53 min. 45 sec. East, continuing with the East line of said Lot 10, a distance of 99.39 ft. to a point at the Northeast corner of said Lot 10;

THENCE North 89 deg. 09 min. 36 sec. West, with the North line of said Lot 10, a distance of 50.81 ft. to a point at a corner of the Grayson/Collin Recreation property;

THENCE Northerly, Westerly, then Southerly, in a general counter-clockwise direction, with the boundary of said Grayson/Collin Recreation property, the following calls and distances

North 18 deg. 40 min. 53 sec. East, a distance of 782.69 ft. to an angle point;

North 24 deg. 01 min. 40 sec. East, a distance of 425.00 ft. to an angle point;

North 21 deg. 12 min. 27 sec. West, a distance of 763.11 ft. to an angle point;

North 11 deg. 25 min. 16 sec. West, a distance of 689.57 ft. to an angle point;

North 36 deg. 46 min. 51 sec. East, a distance of 668.72 ft. to an angle point;

North 04 deg. 15 min. 15 sec. East, a distance of 278.77 ft. to an angle point;

South 59 deg. 28 min. 23 sec. East, a distance of 753.01 ft. to an angle point;

South 37 deg. 01 min. 31 sec. East, a distance of 416.57 ft. to an angle point;

South 26 deg. 08 min. 22 sec. East, a distance of 391.77 ft. to an angle point;

North 72 deg. 04 min. 24 sec. East, a distance of 174.68 ft. to an angle point;

North 69 deg. 06 min. 40 sec. East, a distance of 280.00 ft. to an angle point;

North 17 deg. 17 min. 12 sec. East, a distance of 627.74 ft. to an angle point;

North 42 deg. 52 min. 58 sec. West, a distance of 1,121.60 ft. to an angle point;

North 65 deg. 20 min. 30 sec. West, a distance of 1,304.60 ft. to an angle point;

South 34 deg. 34 min. 30 sec. West, a distance of 226.70 ft. to an angle point;

South 73 deg. 06 min. 30 sec. East, a distance of 245.50 ft. to an angle point;

South 18 deg. 33 min. 30 sec. West, a distance of 193.00 ft. to an angle point;

North 33 deg. 37 min. 30 sec. West, a distance of 217.30 ft. to an angle point;

South 86 deg. 13 min. 51 sec. West, a distance of 373.95 ft. to an angle point;

South 13 deg. 46 min. 30 sec. West, a distance of 179.10 ft. to an angle point;

South 66 deg. 50 min. 30 sec. West, a distance of 239.90 ft. to an angle point;

South 04 deg. 40 min. 30 sec. East, a distance of 345.00 ft. to an angle point;

North 27 deg. 41 min. 30 sec. West, a distance of 321.88 ft. to an angle point;

South 58 deg. 53 min. 30 sec. West, a distance of 257.60 ft. to an angle point;

South 20 deg. 16 min. 30 sec. West, a distance of 293.60 ft. to an angle point;

South 43 deg. 07 min. 30 sec. West, a distance of 284.60 ft. to an angle point;

South 03 deg. 01 min. 30 sec. West, a distance of 401.00 ft. to an angle point;

South 31 deg. 50 min. 30 sec. East, a distance of 423.30 ft. to an angle point;

South 12 deg. 55 min. 30 sec. West, a distance of 265.80 ft. to an angle point;

South 56 deg. 17 min. 30 sec. East, a distance of 201.10 ft. to an angle point;

South 86 deg. 04 min. 30 sec. West, a distance of 180.00 ft. to an angle point;

North 40 deg. 50 min. 30 sec. West, a distance of 110.00 ft. to an angle point;

South 24 deg. 44 min. 30 sec. West, a distance of 835.00 ft. to an angle point;

South 64 deg. 11 min. 38 sec. West, a distance of 349.91 ft. to an angle point;

South 14 deg. 28 min. 55 sec. West, a distance of 515.06 ft. to an angle point;

South 21 deg. 50 min. 44 sec. East, a distance of 349.41 ft. to an angle point;

South 05 deg. 39 min. 19 sec. East, a distance of 54.96 ft. to an angle point;

South 42 deg. 41 min. 35 sec. West, a distance of 96.87 ft. to an angle point;

South 51 deg. 33 min. 12 sec. West, a distance of 179.82 ft. to an angle point;

South 25 deg. 48 min. 14 sec. West, a distance of 42.35 ft. to an angle point;

South 02 deg. 40 min. 03 sec. East, a distance of 25.22 ft. to an angle point;

South 22 deg. 38 min. 08 sec. West, a distance of 249.01 ft. to an angle point;

South 34 deg. 03 min. 38 sec. West, a distance of 77.99 ft. to a point at the Southwest corner of said Grayson/Collin Recreation tract;

THENCE North 81 deg. 58 min. 14 sec. East, with the South line of said Grayson/Collin Recreation tract, a distance of 900.71 ft. to a point at the most Northerly corner of Lot 15, said Hurricane Creek Estates;

THENCE South 00 deg. 27 min. 53 sec. East, with the West line of said Lot 15, a distance of 235.00 ft. to an angle point;

THENCE South 00 deg. 13 min. 57 sec. West, continuing with the West line of said Lot 15, a distance of 100.01 ft. to a point at the Southwest corner of said Lot 15, at the Northwest corner of Lot 16, said Hurricane Creek Estates;

THENCE South 00 deg. 30 min. 26 sec. East, with the West line of said Lot 16, a distance of 230.00 ft. to a point at the Southwest corner of said Lot 16, at the Northwest corner of Lot 17, said Hurricane Creek Estates;

THENCE South 01 deg. 28 min. 30 sec. East, with the West line of said Lot 17, a distance of 240.00 ft. to a point at the Southwest corner of said Lot 17, at the Northwest corner of Lot 18, said Hurricane Creek Estates;

THENCE South 01 deg. 54 min. 38 sec. East, with the West line of said Lot 18, a distance of 193.60 ft. to a point at the Southwest corner of said Lot 18, at the Northwest corner of Lot 19, said Hurricane Creek Estates, at the Northeast corner of the property conveyed to Jan Sherley Miller in Volume 2460, Page 561, said Collin County Deed Records;

THENCE North 89 deg. 56 min. 05 sec. West, with the North line of said Miller tract, a distance of 1,209.04 ft. to a point in the center of a creek, at the Northwest corner of said Miller tract, at the Southeast corner of the property conveyed to Donna Hillard in Volume 851, Page 696, said Collin County Deed Records;

THENCE Northwesterly, with the center of a creek, the following calls and distances:

North 20 deg. 22 min. 51 sec. East, a distance of 30.14 ft.;

North 29 deg. 43 min. 41 sec. East, a distance of 155.14 ft.;

North 08 deg. 56 min. 31 sec. West, a distance of 123.54 ft.;

North 29 deg. 41 min. 16 sec. East, a distance of 204.80 ft.;

North 60 deg. 08 min. 26 sec. East, a distance of 80.90 ft.;

North 45 deg. 03 min. 12 sec. West, passing the Northeast corner of said Hillard tract and the Southeast corner of the property conveyed to Jay P. Janis and Irene C. Janis in Collin County Clerk's File No. 96-0030276, and continuing now with the East line of said Janis tract for a total distance of 203.24 ft.;

North 82 deg. 39 min. 55 sec. West, a distance of 81.98 ft.;

North 26 deg. 47 min. 37 sec. West, a distance of 47.05 ft.;

North 28 deg. 35 min. 21 sec. East, a distance of 84.19 ft.;

North 79 deg. 52 min. 58 sec. West, a distance of 66.26 ft.;

North 10 deg. 50 min. 01 sec. West, a distance of 95.50 ft.;

North 38 deg. 57 min. 39 sec. East, a distance of 45.95 ft.;

North 70 deg. 01 min. 02 sec. West, a distance of 152.19 ft.;

North 66 deg. 26 min. 50 sec. East, a distance of 51.17 ft.;

North 11 deg. 58 min. 11 sec. West, a distance of 55.24 ft.;

North 31 deg. 10 min. 44 sec. East, a distance of 64.46 ft.;

North 83 deg. 13 min. 49 sec. West, a distance of 149.39 ft.;

North 33 deg. 40 min. 07 sec. West, a distance of 67.07 ft.;

North 80 deg. 33 min. 11 sec. West, a distance of 152.82 ft.;

North 11 deg. 46 min. 48 sec. West, a distance of 72.67 ft.;

North 62 deg. 21 min. 40 sec. West, a distance of 38.22 ft.;

South 66 deg. 38 min. 15 sec. West, a distance of 45.73 ft.;

North 68 deg. 10 min. 52 sec. West, a distance of 164.80 ft.;

North 33 deg. 42 min. 58 sec. West, a distance of 125.18 ft.;

North 50 deg. 10 min. 42 sec. West, a distance of 49.62 ft.;

North 65 deg. 46 min. 56 sec. West, a distance of 57.86 ft.;

North 44 deg. 01 min. 48 sec. West, a distance of 158.21 ft.;

South 70 deg. 58 min. 55 sec. West, a distance of 138.86 ft.;

North 63 deg. 09 min. 09 sec. West, a distance of 59.10 ft.;

North 19 deg. 21 min. 22 sec. West, a distance of 34.81 ft.;

North 84 deg. 48 min. 57 sec. West, a distance of 105.80 ft.;

North 17 deg. 57 min. 58 sec. West, a distance of 97.97 ft. to a point at the Northeast corner of said Janis tract;

THENCE South 89 deg. 31 min. 41 sec. West, with the North line of said Janis tract, a distance of 2,002.52 ft. to a point in the center of said Collin County Road No. 290, at the Northwest corner of said Janis property;

THENCE North 00 deg. 15 min. 09 sec. West, with the center of said Collin County Road No. 290, a distance of 1,130.45 ft. to a 1/2 inch rebar found at the Southwest corner of the 10.669 ac. tract of land conveyed to Delmore A. M. Church and Joyce Church in Volume 702, Page 585, said Collin County Deed Records;

THENCE South 87 deg. 27 min. 45 sec. East, with a South line of said Church 10.669 ac., a distance of 354.05 ft. to a point at the most Southerly Southeast corner of said Church 10.669 ac.;

THENCE North 00 deg. 30 min. 51 sec. West, with an East line of said Church 10.669 ac., a distance of 628.57 ft. to a point at an Ell corner of said Church 10.669 ac.;

THENCE North 87 deg. 35 min. 55 sec. East, with a South line of said Church 10.669 ac., a distance of 587.36 ft. to a point at the most Easterly Southeast corner of said Church 10.669 ac.;

THENCE North 00 deg. 11 min. 10 sec. West, with an East line of said Church 10.669 ac., a distance of 251.67 ft. to a 1/2 inch rebar found in the center of said Collin County Road No. 290, in the South line of said Viola 133.814 ac., at the Northeast corner of said Church 10.669 ac.;

THENCE South 89 deg. 36 min. 45 sec. East, with the center of said Collin County Road No. 290 and the South line of said Viola 133.814 ac., a distance of 798.20 ft. to the PLACE OF BEGINNING and containing 710.13 ACRES of land.

SITUATED in the County of Collin, State of Texas, and being a part of the following Surveys in Collin County: the David Arnspiger Survey, Abstract No. 15, the E. T. Berry Survey, Abstract No. 40, the J. W. Curtis Survey, Abstract No. 1077, the Jonas Whitaker Survey, Abstract No. 981, the P. Burns Survey, Abstract No. 100, and the J. Batterman Survey, Abstract No. 94, and being a part of the 1,232.837 ac. tract of land conveyed to Vincent Viola by W. Mark David by Special Warranty Deed dated July 30, 2001 and recorded in Volume 4987, Page 726, Deed Records, Collin County, Texas, and being all of the 64.749 ac. tract of land (Tract 3) conveyed to Vincent J. Viola by Don S. Flesher by Warranty Deed dated September 10, 2004 and recorded in Volume 5766, Page 6210, said Collin County Deed Records, and being all of the 133.814 ac. tract of land conveyed to Vincent J. Viola by Mary Jane Kinsey by Warranty Deed with Vendor's Lien dated March 31, 2004 and recorded in Volume 5642, Page 1395, said Collin County Deed Records, and being all of the 377.45 ac. tract of land conveyed to Vincent J. Viola by Thornton Farm Partnership, Ltd. by Special Warranty Deed with Vendor's Lien dated September 22, 2005 and recorded in Volume 6010, Page 3310, said Collin County Deed Records, and being all of the 61.61 ac. tract of land conveyed to Vincent J. Viola by Jack R. Shirley, Trustee of the Shirley Living Trust by Warranty Deed with Vendor's Lien dated February 26, 2004 and recorded in Volume 5616, Page 5706, said Collin County Deed Records, and being more particularly described as one tract of land by metes and bounds as follows, to-wit:

BEGINNING at a point in the West right-of-way line of U. S. Highway No. 75, at a Northeast corner of said Viola 1,232.837 ac.;

THENCE Southerly, with the West right-of-way line of said U. S. Highway No. 75, the following calls and distances:

South 02 deg. 54 min. 48 sec. West, a distance of 27.97 ft. to an angle point;

South 30 deg. 46 min. 30 sec. East, a distance of 183.31 ft. to an angle point;

South 88 deg. 06 min. 30 sec. East, a distance of 449.88 ft. to an angle point;

South 44 deg. 01 min. 30 sec. East, a distance of 59.33 ft. to a point at the beginning of a curve;

Southerly, with a non-tangent curve to the right having a radius of 11,236.22 ft. and a central angle of 02 deg. 19 min. 08 sec. (chord bears South 00 deg. 12 min. 56 sec. West, 454.72 ft.), an arc distance of 454.76 ft. to an angle point;

South 02 deg. 36 min. 16 sec. East, a distance of 360.12 ft. to an angle point;

South 00 deg. 25 min. 13 sec. West, a distance of 599.93 ft. to an angle point;

South 01 deg. 22 min. 30 sec. West, a distance of 199.95 ft. to an angle point;

South 04 deg. 42 min. 49 sec. West, a distance of 600.86 ft. to an angle point;

South 07 deg. 09 min. 20 sec. East, a distance of 202.18 ft.;

South 00 deg. 03 min. 25 sec. East, a distance of 400.02 ft. to an angle point;

South 01 deg. 22 min. 30 sec. West, a distance of 999.74 ft. to an angle point;

South 10 deg. 21 min. 51 sec. West, a distance of 195.80 ft. to an angle point;

South 07 deg. 03 min. 08 sec. East, a distance of 208.75 ft. to an angle point;

South 00 deg. 03 min. 25 sec. East, a distance of 400.02 ft. to an angle point;

South 07 deg. 33 min. 03 sec. West, a distance of 185.86 ft. to an angle point;

South 45 deg. 36 min. 30 sec. West, a distance of 42.98 ft. to an angle point;

South 01 deg. 22 min. 30 sec. West, a distance of 24.40 ft. to a point in the center of County Road No. 372, at the Southeast of the herein described tract;

THENCE Westerly, with the center of said County Road No. 372, the following calls and distances:

South 89 deg. 42 min. 59 sec. West, a distance of 353.70 ft.;

South 86 deg. 10 min. 45 sec. West, a distance of 143.79 ft.;

North 87 deg. 30 min. 14 sec. West, a distance of 53.25 ft.;

North 74 deg. 09 min. 11 sec. West, a distance of 54.65 ft.;

North 66 deg. 03 min. 55 sec. West, a distance of 186.27 ft.;

North 69 deg. 12 min. 09 sec. West, a distance of 184.29 ft.;

North 86 deg. 57 min. 36 sec. West, a distance of 96.84 ft.;

South 48 deg. 48 min. 29 sec. West, a distance of 93.49 ft.;

South 33 deg. 28 min. 27 sec. West, a distance of 305.00 ft.;

South 37 deg. 10 min. 57 sec. West, a distance of 265.16 ft.;

South 55 deg. 13 min. 57 sec. West, a distance of 89.72 ft.;

North 83 deg. 28 min. 02 sec. West, a distance of 100.14 ft.;

North 68 deg. 03 min. 52 sec. West, a distance of 396.07 ft.;

North 60 deg. 49 min. 08 sec. West, a distance of 186.54 ft.;

North 67 deg. 57 min. 27 sec. West, a distance of 71.26 ft.;

North 89 deg. 56 min. 56 sec. West, a distance of 69.12 ft.;

South 75 deg. 45 min. 15 sec. West, a distance of 103.51 ft.;

South 83 deg. 05 min. 09 sec. West, a distance of 72.42 ft.;

North 85 deg. 18 min. 09 sec. West, a distance of 68.25 ft.;

North 81 deg. 39 min. 08 sec. West, a distance of 527.44 ft.;

South 82 deg. 17 min. 34 sec. West, a distance of 143.98 ft.;

South 60 deg. 43 min. 16 sec. West, a distance of 129.67 ft. to the intersection of the center of said County Road No. 372 with the center of said County Road No. 290;

THENCE South 51 deg. 14 min. 09 sec. West, with the center of said County Road No. 290, a distance of 159.23 ft. to an angle point;

THENCE South 52 deg. 34 min. 25 sec. West, continuing with the center of said County Road No. 290, a distance of 692.22 ft. to a point at the Southeast corner of the property conveyed to Tristian D. Pfeffer in Volume 3064, Page 593, said Collin County Deed Records;

THENCE North 01 deg. 04 min. 20 sec. West, with the East line of said Pfeffer tract, a distance of 295.17 ft. to a point at the Northeast corner of said Pfeffer tract;

THENCE North 89 deg. 16 min. 11 sec. West, with the North line of said Pfeffer tract, passing the Northwest corner of said Pfeffer tract and the Northeast corner of the property conveyed to Michael Ray Ashley, and continuing now with the North line of said Ashley tract for a total distance of 547.91 ft. to a point at the Northwest corner of said Ashley tract;

THENCE South 04 deg. 31 min. 06 sec. West, with the West line of said Ashley tract, passing the Southwest corner of said Ashley tract and continuing for a total distance of 872.74 ft. to a point in the center of said County Road No. 290;

THENCE South 34 deg. 58 min. 46 sec. West, with the center of said County Road No. 290, a distance of 568.84 ft. to an angle point;

THENCE North 87 deg. 43 min. 32 sec. West, continuing with the center of said County Road No. 290, a distance of 425.02 ft. to a point at the intersection of the center of said County Road No. 290 with the center of a creek, at the Southeast corner of the 18.632 ac. tract of land conveyed to Stephen V. Jones and Kristi S. Jones in Volume 4140, Page 3149, said Collin County Deed Records;

THENCE Northerly, with the center of a creek, maintaining the East line of said Jones 18.632 ac., the following the calls and distances:

North 04 deg. 31 min. 06 sec. East, a distance of 86.50 ft.;

North 35 deg. 11 min. 54 sec. West, a distance of 93.77 ft.;

North 23 deg. 28 min. 54 sec. West, a distance of 55.00 ft.;

North 52 deg. 28 min. 54 sec. West, a distance of 42.00 ft.;

North 26 deg. 48 min. 54 sec. West, a distance of 29.70 ft.;

North 69 deg. 58 min. 54 sec. West, a distance of 25.40 ft.;

North 31 deg. 08 min. 54 sec. West, a distance of 27.30 ft.;

North 05 deg. 49 min. 16 sec. West, a distance of 61.40 ft.;

North 15 deg. 44 min. 06 sec. East, a distance of 29.40 ft.;

North 31 deg. 13 min. 54 sec. West, a distance of 22.00 ft.;

North 79 deg. 23 min. 54 sec. West, a distance of 16.10 ft.;

North 00 deg. 46 min. 06 sec. East, a distance of 50.00 ft.;

North 31 deg. 45 min. 06 sec. East, a distance of 24.60 ft.;

North 02 deg. 31 min. 06 sec. East, a distance of 26.40 ft.;

North 34 deg. 28 min. 06 sec. East, a distance of 43.20 ft.;

North 13 deg. 08 min. 54 sec. West, a distance of 54.70 ft.;

North 00 deg. 31 min. 06 sec. East, a distance of 82.20 ft.;

North 19 deg. 28 min. 54 sec. West, a distance of 80.00 ft.;

North 40 deg. 03 min. 54 sec. West, a distance of 37.60 ft.;

North 17 deg. 46 min. 06 sec. East, a distance of 43.20 ft.;

North 58 deg. 31 min. 06 sec. East, a distance of 36.10 ft.;

North 28 deg. 28 min. 54 sec. West, a distance of 44.00 ft.;

North 56 deg. 28 min. 54 sec. West, a distance of 21.00 ft.;

North 21 deg. 15 min. 54 sec. West, a distance of 51.60 ft.;

South 48 deg. 11 min. 06 sec. West, a distance of 24.00 ft.;

North 44 deg. 08 min. 54 sec. West, a distance of 30.40 ft.;

North 85 deg. 28 min. 54 sec. West, a distance of 26.00 ft.;

North 43 deg. 28 min. 54 sec. West, a distance of 26.50 ft.;

North 85 deg. 28 min. 54 sec. West, a distance of 42.70 ft.;

North 27 deg. 08 min. 54 sec. West, a distance of 75.00 ft.;

North 13 deg. 28 min. 54 sec. West, a distance of 25.30 ft.;

North 34 deg. 28 min. 54 sec. West, a distance of 25.90 ft.;

North 18 deg. 36 min. 54 sec. West, a distance of 78.20 ft.;

North 68 deg. 31 min. 06 sec. East, a distance of 22.40 ft.;

North 46 deg. 42 min. 06 sec. East, a distance of 36.00 ft.;

North 44 deg. 28 min. 54 sec. West, a distance of 78.70 ft.;

North 37 deg. 37 min. 54 sec. West, a distance of 22.43 ft.;

South 81 deg. 30 min. 06 sec. West, a distance of 53.20 ft.;

North 16 deg. 18 min. 59 sec. West, a distance of 60.42 ft. to a point at the Northeast corner of said Jones 18.632 ac.;

THENCE South 89 deg. 18 min. 29 sec. West, with the North line of said Jones 18.632 ac., a distance of 293.17 ft. to a point at the Northwest corner of said Jones 18.632 ac.;

THENCE South 00 deg. 19 min. 05 sec. East, with the West line of said Jones 18.632 ac., a distance of 62.47 ft. to a 1/2 inch rebar found at the Northwest base of a 48 inch tree at a fence corner, at the Northeast corner of said Viola 133.814 ac.;

THENCE South 00 deg. 24 min. 08 sec. East, continuing with the West line of said Jones 18.632 ac., a distance of 1,026.81 ft. to a 1/2 inch rebar found in the center of said County Road No. 290, at the Southwest corner of said Jones 18.632 ac.,;

THENCE South 89 deg. 26 min. 03 sec. West, with the center of said County Road No. 290, a distance of 772.79 ft. to a 1/2 inch rebar found at an Ell corner of said Viola 133.814 ac.;

THENCE South 00 deg. 16 min. 20 sec. West, continuing with the center of said County Road No. 290, a distance of 1,686.94 ft. to a 1/2 inch rebar found at the most Southerly Southeast corner of said Viola 133.814 ac.;

THENCE North 89 deg. 36 min. 49 sec. West, continuing with the center of said County Road No. 290 and with the South line of said Viola 133.814 ac., a distance of 798.24 ft. to a 1/2 inch rebar found at the Northeast corner of the 10.669 ac. tract of land conveyed to Delmore A. M. Church and Joyce Church in Volume 702, Page 585, said Collin County Deed Records;

THENCE North 89 deg. 29 min. 33 sec. West, continuing with the center of said County Road No. 290 and with the North line of said Church 10.669 ac., a distance of 935.50 ft. to a point at the Northwest corner of said Church 10.669 ac.;

THENCE South 00 deg. 17 min. 31 sec. East, with the West line of said Church 10.669 ac., a distance of 5.80 ft. to a point at the Northeast corner of the 103 ac. tract of land conveyed to James Robert Thornton in Volume 1596, Page 467 and Volume 1599, Page 451, said Collin County Deed Records;

THENCE North 89 deg. 44 min. 24 sec. West, with the center of Collin County Road No. 1101, a public road, and with the North line of said Thornton 103 ac., a distance of 118.58 ft. to a 1/2 inch rebar set at the Southwest corner of said Viola 133.814 ac., at the Southeast corner of the 40 ac. tract of land conveyed to James R. Thornton in Volume 724, Page 884, said Collin County Deed Records;

THENCE North 00 deg. 10 min. 11 sec. East, with the West line of said Viola 133.814 ac. and the East line of said Thornton 40 ac., a distance of 2,705.48 ft. to a point in the South line of the 77.17 ac. tract of land (Tract A) conveyed to MJW Partners, L. P. in Volume 4458, Page 1303, said Collin County Deed Records, at the Northwest corner of said Viola 133.814 ac., at the Northeast corner of said Thornton 40 ac.;

THENCE North 88 deg. 39 min. 20 sec. East, with the South line of said MJW Partners 77.17 ac. and the North line of said Viola 133.814 ac., a distance of 479.16 ft. to a point at the Southeast corner of said MJW Partners 77.17 ac., at the most Southerly Southwest corner of said 377.45 ac.;

THENCE North 00 deg. 31 min. 02 sec. East, with the West line of said 377.45 ac. and the East line of said MJW Partners 77.17 ac., a distance of 450.50 ft. to an angle point;

THENCE North 00 deg. 51 min. 11 sec. East, continuing with the West line of said 377.45 ac. and the East line of said MJW Partners 77.17 ac., a distance of 856.69 ft. to an angle point;

THENCE North 00 deg. 38 min. 27 sec. East, continuing with the West line of said 377.45 ac. and the East line of said MJW Partners 77.17 ac., a distance of 1,265.62 ft. to a point at the most Easterly Northeast corner of said MJW Partners 77.17 ac.;

THENCE North 89 deg. 34 min. 48 sec. West, with a North line of said MJW Partners 77.17 ac. and a South line of said 377.45 ac., a distance of 78.26 ft. to a point for an Ell corner of said 377.45 ac.;

THENCE North 00 deg. 49 min. 48 sec. West, with an East line of said MJW Partners 77.17 ac. and a West line of said 377.45 ac., passing a Northeast corner of said MJW Partners 77.17 ac. and the Southeast corner of the 2.46 ac. tract of land (Tract B) conveyed to MJW Partners, L.B. in said Volume 4458, Page 1303, and continuing now with the East line of said MJW Partners 2.46 ac. for a total distance of 264.00 ft. to a point at the Northeast corner of said MJW Properties 2.46 ac.;

THENCE North 89 deg. 34 min. 48 sec. West, with the North line of said MJW Partners 2.46 ac. and a South line of said 377.45 ac., a distance of 424.33 ft. to a point at the most Westerly Southwest corner of said 377.45 ac., at the Northwest corner of said MJW Partners 2.46 ac.;

THENCE North 00 deg. 03 min. 15 sec. West, entering the pavement of Collin County Road No. 222, passing the most Easterly Southeast corner of the 12.5 ac. tract of land (First Tract) conveyed to Julie Elizabeth Fifer Hilbun in Volume 4753, Page 394, said Collin County Deed Records, being the intersection of the center of said Collin County Road No. 222 with the center of Collin County Road No. 291 and continuing now with the center of said Collin County Road No. 291, passing the Northeast corner of said Hilbun 12.5 ac. and the most Easterly Southeast corner of the 89.74 ac. tract of land conveyed to Lee Brock and Michael Adams in Volume 4971, Page 3703, said Collin County Deed Records, a Northeast corner of said Batterton Survey, the Southeast corner of said Whitaker Survey, and continuing now with the East line of both said Whitaker Survey and said Brock & Adams 89.74 ac. and the West line of said Arnspiger Survey, passing the Northeast corner of said Brock & Adams 89.74 ac. and the Southeast corner of the 113.35 ac. tract of land conveyed to Claude T. Dowell and Betty M. Dowell in Collin County Clerk File No. 96-0003539, and continuing now with the East line of said Dowell 113.35 ac. for a total distance of 2,879.39 ft. to a PK nail at the Northwest corner of said 6.29 ac., at the Southwest corner of the 5.00 ac. tract of land conveyed to Wood Family Trust in Volume 3910, Page 772, said Grayson County Official Public Records, at the most Westerly Northwest corner of the herein described tract;

THENCE South 88 deg. 53 min. 10 sec. East, with the South line of said Wood Family Trust 5.00 ac., a distance of 573.19 ft. to a point at the Southeast corner of said Wood Family Trust 5.00 ac., at an Ell corner of said 6.29 ac.;

THENCE North 00 deg. 03 min. 10 sec. West, with the East line of said Wood Family Trust 5.00 ac., a distance of 123.02 ft. to a point in the North line said Collin County, the South line of Grayson County, at the most Northerly Northwest corner of the herein described tract;

THENCE South 88 deg. 01 min. 11 sec. East, with the North line of said Collin County and the South line of said Grayson County, over and across said Viola 377.45 ac., crossing an East line of said Viola 377.45 ac. and a West line of said Viola 1,232.837 ac. and continuing now over and across said Viola 1,232.837 ac. for a total distance of 5,627.60 ft. to a point;

THENCE South 06 deg. 38 min. 18 sec. West, a distance of 259.52 ft.;

THENCE South 02 deg. 15 min. 16 sec. East, a distance of 87.99 ft. to a point in the center of County Road No. 290;

THENCE North 87 deg. 49 min. 46 sec. East, with the center of said County Road No. 290, a distance of 1,121.68 ft. to a point at an Ell corner;

THENCE North 17 deg. 08 min. 05 sec. East, continuing with the center of said County Road No. 290, a distance of 274.78 ft. to a point in the South line of said Grayson County, in the North line of said Collin County;

THENCE South 88 deg. 01 min. 11 sec. East, continuing with the center of said County Road No. 290, a distance of 918.91 ft. to the PLACE OF BEGINNING and containing 1,245.36 ACRES of land;

LESS AND EXCEPT the tract described below.

SITUATED in the County of Collin, State of Texas, and being a part of the Jonas Whitaker Survey, Abstract No. 981, being a part of the E. T. Berry Survey, Abstract No. 41, and being all of the property conveyed to D. E. Billups, lying in the E. T. Berry Survey, and being all of the property conveyed to Geraldine Billups in Volume 4831, Page 862, Collin County Deed Records, and being all of the property conveyed to John Adams and Paul Adams in County Clerks File No. 94-0083801, and being more particularly described as one tract of land by metes and bounds as follows, to-wit:

BEGINNING at a point in the center of County Road No. 290, at the Southwest corner of both said John & Paul Adams tract and the herein described exception tract;

THENCE North 00 degrees 17 minutes 41 seconds West, with the center of said County Road No. 290, a distance of 234.95 feet to a point at the intersection of the center of said County Road No. 290 and County Road No. 222, at an angle point in the West line of the herein described exception tract;

THENCE North 00 degrees 13 minutes 11 seconds West, continuing with the center of said County Road No. 290, passing the Northwest corner of said John & Paul Adams tract, and the Southwest corner of said Geraldine Billups tract, passing the Northwest corner of said Geraldine Billups tract and the Southwest corner of said D. E. Billups tract and continuing now with the West line of said D. E. Billups tract for a total distance of 612.61 feet to a point at the Northwest corner of both said D. E. Billups tract and the herein described exception tract;

THENCE North 89 degrees 37 minutes 36 seconds East, with the North line of said D. E. Billups tract, a distance of 1,418.49 feet to a point at the Northeast corner of both said D. E. Billups tract and the herein described exception tract;

THENCE Southerly, with the East line of said D. E. Billups tract, said Geraldine Billups tract and said John & Paul Adams tract, the following calls and distances:

South 22 degrees 07 minutes 54 seconds East, a distance of 107.40 feet to a angle point;

South 36 degrees 30 minutes 12 seconds West, a distance of 123.56 feet to a angle point;

South 55 degrees 01 minutes 11 seconds East, a distance of 127.51 feet to a angle point;

South 09 degrees 13 minutes 07 seconds East, a distance of 307.63 feet to a angle point;

South 00 degrees 53 minutes 06 seconds West, a distance of 272.87 feet to a point at the Southeast corner of both said John & Paul Adams tract and the herein described exception tract;

THENCE South 89 degrees 41 minutes 10 seconds West, with the South line of said John & Paul Adams tract, a distance of 1,531.43 feet to the PLACE OF BEGINNING and containing 29.09 ACRES of land less and excepted from the above described 1,245.36 ac. tract and leaving a NET ACREAGE of 1,216.27 ACRES of land.

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. 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, 2009.