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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Sienna Ranch Municipal Utility |
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District No. 1 of Collin County; providing authority to impose a tax |
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and issue bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8305 to read as follows: |
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CHAPTER 8305. SIENNA RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF |
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COLLIN COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8305.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Sienna Ranch Municipal |
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Utility District No. 1 of Collin County. |
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Sec. 8305.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8305.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8305.004. CONSENT OF MUNICIPALITY AND ANNEXATION INTO |
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CORPORATE LIMITS REQUIRED. The temporary directors may not hold an |
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election under Section 8305.003 until: |
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(1) the City of Nevada has consented by ordinance or |
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resolution to the creation of the district and to the inclusion of |
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land in the district; and |
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(2) all of the territory of the district has been |
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annexed into the corporate limits of the city of Nevada. |
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Sec. 8305.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8305.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8305.007-8305.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8305.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8305.052, directors serve |
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staggered four-year terms. |
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Sec. 8305.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8305.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8305.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8305.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 8305.053-8305.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8305.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8305.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8305.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8305.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8305.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8305.106. EFFECT OF ANNEXATION BY CITY OF NEVADA. |
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(a) The City of Nevada may annex part of the territory of the |
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district into its corporate limits without annexing all of the |
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territory of the district under an agreement entered into before |
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the effective date of the Act creating this chapter between the City |
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of Nevada and the landowners of the land being annexed. The |
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district continues in existence following annexation of part of the |
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territory of the district as described by this subsection. |
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(b) The district shall be dissolved and its debts and |
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obligations assumed by the City of Nevada in accordance with |
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Chapter 43, Local Government Code, including Sections 43.075 and |
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43.0715, on annexation of all of the territory of the district by |
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the City of Nevada, provided that: |
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(1) water, sanitary sewer, and drainage improvements, |
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and roads have been constructed to serve at least 95 percent of the |
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territory of the district; or |
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(2) the board adopts a resolution consenting to the |
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dissolution of the district. |
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(c) Notwithstanding Section 54.016(f)(2), Water Code, a |
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contract ("allocation agreement") between the City of Nevada and |
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the district that provides for the allocation of the taxes or |
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revenues of the district and the city following the date of |
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inclusion of all the district's territory in the corporate limits |
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of the city, may provide that the total annual ad valorem taxes |
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collected by the city and the district from taxable property in the |
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district may exceed the city's ad valorem tax on the property. |
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Sec. 8305.107. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8305.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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[Sections 8305.108-8305.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8305.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8305.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8305.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8305.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8305.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8305.154-8305.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8305.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8305.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8305.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Sienna Ranch Municipal Utility District No. |
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1 of Collin County initially includes all the territory contained |
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in the following area: |
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PARCEL 1 |
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BEING a tract of land situated in the Denton Helmstettler |
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Survey, Abstract No. 378, the Roger Willis Survey, Abstract No. |
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748, and the Willis Roberts Survey, Abstract No. 790, Collin |
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County, Texas, the subject tract being a portion of that 1473.835 |
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acre tract of land conveyed to Commercial Capital Investments, Inc. |
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by Resolution Trust Corporation according to the Special Warranty |
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Deed recorded in Collin County Clerk File number 94-0058780 of the |
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Land Records Of Collin County Texas (LRCCT), the subject tract |
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further being portions of three subdivision Final Plats filed in |
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said Land Records of Collin County Texas, those being Lake Hills, |
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Phase 1 recorded in Cabinet J, Page 134, Park Meadows Phase 1 |
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recorded in Cabinet J, Page 137, and Sommerset Estates, Revised |
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Phase 1 recorded in Cabinet J, Page 313, said three subdivisions |
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being included within the above mentioned Commercial Capital |
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Investments, Inc. 1473.835 acre tract, the subject total tract |
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being more particularly described as follows; |
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BEGINNING at a point on the south line of Farm-To-Market Road |
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Number 1778, said south line being the same south line of that 15 |
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feet wide strip of land dedicated by the above mentioned Park |
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Meadows Phase 1 Final Plat (Cab. J, Pg. 137), said Beginning point |
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further being the Northeast corner of Lot 4 of said Park Meadows |
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Phase 1 Final Plat and northwest corner of a tract of land conveyed |
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to Walt C. HSU according to the Warranty Deed recorded in Volume |
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3201, Page 795 (LRCCT), a 1/2" iron pin with a red cap stamped |
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Tipton Engineering, Inc. set at corner; |
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THENCE, along the easterly line of the previously mentioned |
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Park Meadows Phase 1 addition line and along the westerly lines of |
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the following tracts; three tracts of land of land conveyed to Walt |
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C. HSU according to two Warranty Deeds recorded in Volume 3201, Page |
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795 and Volume 3201, Page 797 (LRCCT), and a tract of land conveyed |
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to Phillip Chen recorded in Volume 3584, Page 166 (LRCCT) the |
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following: |
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S 00° 48' 47" E, a distance of 571.95 feet to a 60d nail found |
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at corner; |
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S 00° 38' 46" E, a distance of 354.47 feet to a 60d nail found |
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at corner; |
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S 00° 50' 29" E, a distance of 489.70 feet to an iron pin found |
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at corner; |
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S 00° 46' 54" E, a distance of 299.68 feet to a 60d nail found |
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at corner; |
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S 01° 19' 27" E, a distance of 524.53 feet to an iron pin found |
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at an ell corner of said Commercial Capital Investments, Inc. |
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tract, said corner further being the southwest corner of said |
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Phillip Chen tract; |
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THENCE, along a north line of said Park Meadows Phase 1 and |
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the south lines of said Phillip Chen tract, a tract conveyed to |
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Charles Sitzes according to the deed recorded in Volume, 5746, Page |
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4572, (LRCCT), a tract conveyed to John A. Whitson according to the |
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deed recorded in County Clerk File number 93-0046157 (LRCCT), and a |
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tract conveyed to Jesus Canales according to the deed recorded in |
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Volume 4987, Page 1808 (LRCCT) the following; |
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South 89° 02' 27" E, a distance of 658.56 feet to an iron |
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pin found at corner; |
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South 89° 07' 19" E, a distance of 2108.54 feet to another ell |
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corner of said Commercial Capital Investments, Inc. tract and |
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westerly line of Price Creek Estates, an addition to Collin County |
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according to the Final Plat recorded in Cabinet I, Page 517 (LRCCT), |
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a 1/2" iron pin next to a fence corner post found at corner; |
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THENCE, S 00° 04' 47" E, along the easterly line of said Park |
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Meadows Phase 1 and a westerly line of said Price Creek Estates, a |
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distance of 156.97 feet to an ell corner for both said Final Plats, |
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Price Creek Estates and Park Meadows Phase 1, said point also being |
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on the northerly line of Dearborn Acres Phase 1, an addition to |
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Collin County according to the Final Plat recorded in Cabinet J, |
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Page 145 (LRCCT); |
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THENCE, with the center of Price Creek and along the common |
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line between said additions, Dearborn Acres Phase 1 and Park |
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Meadows Phase 1 the following; |
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S 83° 21' 39" W, a distance of 30.84 feet; S 71° 03' 54" W, a |
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distance of 28.06 feet; |
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S 44° 28' 19" W, a distance of 52.54 feet; S 22° 28' 07" W, a |
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distance of 69.53 feet; |
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S 60° 04' 07" W, a distance of 43.37 feet; N 86° 00' 18" W, a |
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distance of 25.10 feet; |
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S 66° 13' 16" W, a distance of 140.26 feet; S 43° 31' 15" W, a |
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distance of 49.79 feet; |
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S 65° 26' 13" W, a distance of 131.00 feet; S 36° 26' 54" W, a |
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distance of 60.05 feet; |
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S 72° 04' 37" W, a distance of 111.47 feet; S 85° 25' 43" W, a |
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distance of 212.81 feet; |
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S 85° 44' 44" W, a distance of 211.15 feet; S 69° 09' 30" W, a |
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distance of 143.03 feet; |
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S 68° 17' 17" W, a distance of 67.74 feet; N 83° 10' 43" W, a |
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distance of 61.36 feet; |
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S 58° 50' 34" W, a distance of 164.79 feet; S 52° 22' 44" W, a |
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distance of 44.73 feet; |
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S 62° 21' 17" W, a distance of 49.51 feet; S 86° 31' 51" W, a |
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distance of 41.24 feet; |
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S 63° 55' 53" W, a distance of 128.94 feet; S 60° 49' 53" W a |
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distance of 131.62 feet; |
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S 56° 28' 41" W, a distance of 127.19 feet; S 63° 10' 56" W, a |
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distance of 52.78 feet; |
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S 80° 45' 54" W, a distance of 50.46 feet; S 72° 01' 10" W, a |
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distance of 126.88 feet to a point on the northerly line of the |
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previously mentioned Lake Hills Phase 1 addition; |
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THENCE, along a creek and along the northerly and easterly |
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line of said Lake Hills Phase 1 and the southwesterly and westerly |
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line of said Dearborn Acres Phase 1 the following; |
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S 20° 07' 18" E, a distance of 35.15 feet; N 71° 06' 50" E, a |
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distance of 42.23 feet; |
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S 40° 32' 52" E, a distance of 24.72 feet; S 78° 01' 18" E, a |
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distance of 109.13 feet; |
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S 58° 24' 56" E, a distance of 71.87 feet; N 70° 21' 55" E, a |
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distance of 51.93 feet; |
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S 58° 47' 28" E, a distance of 82.38 feet; S 87° 13' 03" E, a |
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distance of 36.21 feet; |
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S 39° 30' 42" E, a distance of 38.80 feet; S 84° 53' 40" E, a |
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distance of 32.75 feet; |
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S 50° 38' 42" E, a distance of 137.16 feet; S 81° 23' 41" E, a |
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distance of feet 61.43 feet; |
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S 55° 18' 27" E., a distance of 59.33 feet: S 38° 02' 26" E, a |
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distance of 77.63 feet; |
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S 53° 46' 10" E, a distance of 61.86 feet; S 29° 19' 27" E, a |
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distance of 63.87 feet; |
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S 62° 43' 45" E, a distance of 15.41 feet; S 75° 09' 51" E, a |
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distance of 75.61 feet; |
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N 51° 34' 08" E, a distance of 46.71 feet; S 61° 49' 18" E, a |
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distance of 29.41 feet; |
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S 16° 04' 27" E, a distance of 27.49 feet, S 75° 25' 16" E, a |
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distance of 92.21 feet; |
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S 65° 45' 26" E, a distance of 135.63 feet; S 58° 05' 24" E, a |
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distance of 108.92 feet; |
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S 56° 13' 03" E, a distance of 86.50 feet; S 67° 13' 21" E, a |
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distance of 87.18 feet; |
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S 65° 25' 12" E, a distance of 34.56 feet; S 03° 53' 51" E, a |
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distance of 95.72 feet; |
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S 52° 16' 17" E, a distance of 69.15 feet; S 06° 27' 15" E, a |
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distance of 67.59 feet; |
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S 28° 12' 59" E, a distance of 94.16 feet; S 07° 03' 34" E, a |
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distance of 105.29 feet to an iron pin found at corner. |
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S 14° 12' 13" W, a distance of 566.46 feet to an iron pin found |
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at corner; |
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S 00° 36' 58" W, a distance of 435.57 feet to a point on the |
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north line of Farm-To-Market Road No. 543, said point being the |
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southeast corner of Lot 12 of said Lake Hills Phase 1 and the |
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southwest corner of Lot 1 of Dearborn Acres Phase 1 to a 1/2" iron |
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pin with a red cap stamped Tipton Engineering, Inc. set at corner; |
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THENCE, along the said County Road No. 543 north line the |
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following; |
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N 89° 24' 42" W, a distance of 2415.58 feet to a 1/2" iron pin |
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with a red cap stamped Tipton Engineering, Inc. set at corner; |
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Around a tangent curve to the right having a central angle of |
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08° 50' 44", a radius of 1849.86 feet and a chord of N 84° 59' 20" W - |
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285.31 feet, an arc distance of 285.59 feet to a 1/2" iron pin with a |
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red cap stamped Tipton Engineering, Inc. set at corner; |
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N 80° 33' 58" W, a distance of 278.01 feet to a point on an |
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easterly line of a tract of land conveyed to the United States of |
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America for Lake Lavon, said point further being on the westerly |
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line of said Lake Hills Phase 1, and located at the southwest corner |
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of Lot 1 of said Lake Hills Phase 1, a 1/2" iron pin with a red cap |
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stamped Tipton Engineering, Inc. set at corner, from which a 5/8" |
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iron pin found bears S 73° 23' 20" E, a distance of 0.82 feet; |
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THENCE, N 29° 00' 04" E, along the said Lake Hills Phase 1 |
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westerly line and easterly line of said United States of America |
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property, a distance of 899.16 feet to an ell corner of said United |
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States of America property and Lake Hills Phase 1 westerly line, a |
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concrete Government marker found at corner; |
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THENCE, N 57° 11' 26" W, along a northerly line of said United |
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States of America property and southerly line of Lot 14 of Lake |
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Hills Phase 1 and southerly line of the previously mentioned Park |
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Meadows Phase 1, a distance of 519.49 feet to a concrete Government |
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marker found at corner; |
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THENCE, S 89° 16' 26" W, continuing along the northerly line |
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of said USA property and along the said Park Meadows Phase 1 |
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southerly line and a southerly line of the previously mentioned |
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Sommerset Estates Revised Phase 1, a distance of 349.84 feet to an |
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ell corner of said USA property and Sommerset Estates Revised Phase |
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1, a concrete Government marker found at corner; |
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THENCE, along a westerly line of said United States of |
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America property and easterly line of said Sommerset Estates |
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Revised Phase 1 the following; |
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S 42° 57' 42" W, a distance of 779.67 feet to a concrete |
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Government marker found at corner; |
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S 70° 13' 25" W, a distance of 429.81 feet to a concrete |
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Government marker found at corner; |
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S 47° 45' 34" W, a distance of 423.23 feet to a point on the |
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northerly line of said Farm-To-Market Road No. 543 as dedicated by |
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the said Final Plat of Sommerset Estates Revised Phase 1, a 1/2" |
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iron pin with a red cap stamped Tipton Eng, Inc. set at corner; |
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THENCE, along said Farm-To-Market Road No. 543 northerly line |
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the following; |
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N 87° 26' 57" W, a distance of 437.75 feet to a 1/2" iron pin |
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with a red cap stamped Tipton Eng, Inc. set at corner; |
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N 86° 45' 05" W, a distance of 328.51 feet to a 1/2" iron pin |
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found at corner; |
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N 89° 58' 53" W, a distance of 99.89 feet to the southwest |
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corner of Lot 1 of said Sommerset Estates Revised Phase 1, said |
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corner further being on the east line of Rocky Road, a 50 feet wide |
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Right-Of-Way easement, a 1/2" iron pin with a red cap stamped Tipton |
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Eng, Inc. set at corner; |
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THENCE, N 01° 02' 52" E, along the west line of said Sommerset |
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Estates Revised Phase 1 and said Rocky Road east line, a distance of |
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1107.07 feet to an ell corner of said Sommerset Estates Revised |
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Phase 1, said corner further being the southwest corner of a tract |
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of land conveyed to Teri L. Beckmeyer by the General Warranty Deed |
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recorded in 94-0033501 (LRCCT), a 5/8" iron pin found at corner; |
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THENCE, S 88° 17' 44" E, along the south line of said Teri L. |
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Beckmeyer tract and north line of Lot 2 of said Sommerset Estates |
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Revised Phase 1, a distance of 593.43 feet to an ell corner of said |
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Sommerset Estates Revised Phase 1, a 1/2" iron pin with a red cap |
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stamped Tipton Eng, Inc. set at corner; |
|
THENCE, along a west line of said Sommerset Estates Revised |
|
Phase 1 and the east line of said Teri, L. Beckmeyer, and the east |
|
lines of the following tracts, a tract conveyed to Harry E. Shibler |
|
and Teri. L. Beckmeyer according to the Warranty Deed with Vendor's |
|
Lein recorded in County Clerk File Number 94-0056623 (LRCCT), two |
|
tracts conveyed to John Clentis Simpson, Sr. according to the |
|
Special Warranty Deed recorded in Volume 5936, Page 4879 (LRCCT), |
|
and that tract conveyed to Carol Chamberlain and Allen Chamberlain |
|
according to the Warranty Deed With Vendor's Lien recorded in |
|
Volume 4704, Page 1799 the following; |
|
N 00° 47' 24" W, a distance of 296.21 feet to a 1/2" iron |
|
pin found at corner; |
|
N 01° 08' 33" W, a distance of 240.54 feet to a 1/2" iron |
|
pin found at corner; |
|
N 00° 36' 15" W, a distance of 195.04 feet to a 1/2" iron |
|
pin found at corner; |
|
N 01° 29' 49" W, a distance of 193.39 feet to a 1/2" iron |
|
pin found at corner; |
|
N 00° 42' 09" W, a distance of 467.62 feet to an ell corner of |
|
said Sommerset Estates Revised Phase 1, said corner being on a south |
|
line of a tract of land conveyed to JoAnne Gambrell Airhart and Tom |
|
Patterson Airhart, according to the Warranty Deed With Vendor's |
|
Lien recorded in Volume 4510, Page 1852 (LRCCT), a 1/2" iron pin |
|
found at corner; |
|
THENCE, S 89° 17' 05" E, along the south line of said JoAnne |
|
Gambrell Airhart and Tom Patterson Airhart tract part of the way, |
|
along the south line of a tract of land owned by Karen Webb Bennet |
|
Ind Exec according to the deed recorded in Volume 1769, Page 435 |
|
(LRCCT) and along a north line of said Sommerset Estates Revised |
|
Phase 1, a distance of 1660.39 feet to an ell corner of said |
|
Sommerset Estates Revised Phase 1 and southeast corner of said |
|
Karen Webb Bennet Ind Exec tract, a 1/2" iron pin found 3.7 feet |
|
east of a fence corner post at corner; |
|
THENCE, along the a west line of said Sommerset Estates |
|
Revised Phase 1 addition and along the east lines of said Karen Webb |
|
Bennet Ind Exec tract, that tract conveyed to Altis L. Powell Et Ux |
|
according to the deed recorded in Volume 377, Page 119 (LRCCT), the |
|
following; |
|
N 01° 02' 36" E, a distance of 1376.06 feet to a 60d nail |
|
found at corner; |
|
N 00° 50' 16" E, a distance of 547.97 feet to a 1/2" iron |
|
pin found at corner; |
|
N 00° 48' 18" E, a distance of 340.88 feet to the southwest |
|
corner of Lot 1 of said Park Meadows Phase 1, a 1/2" iron pin with a |
|
red cap stamped Tipton Engineering, Inc. set at corner; |
|
THENCE, S 89° 35' 45" E, along the south line of said Lot 1 of |
|
Park Meadows Phase 1, a distance of 80.60 feet to a 1/2" iron pin |
|
with a red cap stamped Tipton Engineering, Inc. set at corner; |
|
THENCE, N 86° 52' 56" E, continuing along the said Lot 1 of |
|
Park Meadows Phase 1 south line, a distance of 137.15 feet to the |
|
southeast corner of said Lot 1 of Park Meadows Phase 1, a 1/2" iron |
|
pin with a red cap stamped Tipton Engineering, Inc. set at corner; |
|
THENCE, N 00° 04' 54" W, along the east line of said Lot 1 of |
|
Park Meadows Phase 1, a distance of 414.78 feet to a point on the |
|
previously mentioned south line of Farm-To-Market Road No. 1778, a |
|
1/2" iron pin with a red cap stamped Tipton Engineering, Inc. set at |
|
corner; |
|
THENCE, N 86° 24' 17" E, along the said Farm-To-Market Road |
|
Number 1778 southerly line, a distance of 811.78 feet to the Place |
|
of Beginning with the subject tract containing 15,226,847 Square |
|
Feet or 349.5603 acres of land. |
|
PARCEL 2 |
|
BEING a tract of land situated in the Silvester Williams |
|
Survey, Abstract No. 955 and Willis Roberts Survey, Abstract No. |
|
790, Collin County, Texas, the subject tract being a portion of that |
|
1473.835 acre tract of land conveyed to Commercial Capital |
|
Investments, Inc. by Resolution Trust Corporation according to the |
|
Special Warranty Deed recorded in Collin County Clerk File number |
|
94-0058780 of the Land Records Of Collin County Texas (LRCCT), the |
|
subject tract being more particularly described as follows; |
|
BEGINNING at a point on the southerly line of County Road No. |
|
543 and at the southwest corner of that tract of land conveyed to |
|
Collin County (for road purposes) according to the Deed recorded in |
|
County Clerk File Number 99-0040895 (LRCCT), said beginning point |
|
being on the west line of said Commercial Capital Investments, Inc. |
|
1473.835 acre tract and further being S 01° 04' 17" W, a distance of |
|
61.64 feet from the intersection of the north line of County Road |
|
No. 543 and the east line of Rocky Road as shown on the Final Plat of |
|
Sommerset Estates, an addition to Collin County according to said |
|
Final Plat recorded in Cabinet J, Page 313 (LRCCT), a 1/2" iron pin |
|
found at corner; |
|
THENCE, along the said County Road No. 543 southerly line the |
|
following; |
|
S 88° 52' 45" E, a distance of 169.88 feet to a 1/2" iron pin |
|
found at corner; |
|
S 84° 33' 39" E, a distance of 606.25 feet to a point on an |
|
easterly line of said Commercial Capital Investments, Inc. 1473.835 |
|
acre tract and northwesterly line of a tract of land conveyed to the |
|
United States Of America, a 1/2" iron pin found at corner; |
|
THENCE, S 47° 45' 34" W, along the said Commercial Capital |
|
Investments, Inc. 1473.835 acre tract southeasterly line and United |
|
States of America tract northwesterly line, a distance of 1750.27 |
|
feet to a US Government marker in concrete found at corner; |
|
THENCE, along a southerly and westerly line of said |
|
Commercial Capital Investments, Inc. 1473.835 acres tract and a |
|
northerly and easterly line of said United States of America tract |
|
the following; |
|
N 46° 24' 25" W, a distance of 265.29 feet to a US Government |
|
marker in concrete found at corner; |
|
N 12° 08' 44" E, a distance of 594.70 feet to a US Government |
|
marker in concrete found at corner; |
|
THENCE, S 84° 49' 00" E, along a northerly line of said |
|
Commercial Capital Investments, Inc. 1473.835 acres tract and part |
|
of the way along a southerly line of a United States of America |
|
tract and south line of a tract of land conveyed to J. B. Justice |
|
according to the deed recorded in Volume 645, Page 055 (LRCCT), a |
|
distance of 581.99 feet to the southeast corner of said J. B. |
|
Justice tract and an ell corner of said Commercial Capital |
|
Investments, Inc. 1473.835 acres tract, a US Government marker in |
|
concrete found at corner; |
|
THENCE, N 01° 04' 08" E, along a west line of said Commercial |
|
Capital Investments, Inc. 1473.835 acres tract and east line of |
|
said J. B. Justice tract, a distance of 525.75 feet to the Place of |
|
Beginning with the subject tract containing 654,044 Square Feet or |
|
15.0148 Acres of Land. |
|
PARCEL 3 |
|
BEING a tract of land situated in the Roger Willis Survey, |
|
Abstract No. 748, and the Silvester Williams Survey, Abstract No. |
|
955 Collin County, Texas, the subject tract being a portion of that |
|
1473.835 acre tract of land conveyed to Commercial Capital |
|
Investments, Inc. by Resolution Trust Corporation according to the |
|
Special Warranty Deed recorded in Collin County Clerk File number |
|
94-0058780 of the Land Records Of Collin County Texas (LRCCT), the |
|
subject tract further being a portion of Shalimar Acres, an |
|
addition to Collin County Texas according to the Final Plat |
|
recorded in Cabinet J, Page 136, (LRCCT), land in said plat being |
|
included in the above mentioned Commercial Capital Investments, |
|
Inc. 1473.835 acre tract, the subject tract being more particularly |
|
described as follows; |
|
BEGINNING at the intersection of the southerly line of County |
|
Road No. 543 and the west line of County Road No. 544, said point |
|
further being located at the northeast corner of Lot 1 of said |
|
Shalimar Acres, a 1/2" iron pin with a red cap stamped Tipton Eng, |
|
Inc. set at corner; |
|
THENCE, S 00° 07' 23" W, along the said County Road No. 544 |
|
west line, a distance of 2065.10 feet to the southeast corner of Lot |
|
16, of Shalimar Acres, said corner being located on the north line |
|
of a tract of land conveyed to the United States Of America, a 1/2" |
|
iron pin with a red cap stamped Tipton Eng, Inc. set at corner, from |
|
which a US Government marker in concrete found bears N 73° 18' 15" E, |
|
a distance of 9.85 feet; |
|
THENCE, along the southerly and westerly line of said |
|
Shalimar Acres and a northerly and easterly line of said United |
|
States of America tract the following; |
|
S 73° 18'15" W, a distance of 493.72 feet to a US Government |
|
marker in concrete found at corner; |
|
N 67° 31' 55" W, a distance of 619.64 feet to a US Government |
|
marker in concrete found at corner; |
|
S 89° 05' 23" W, a distance of 570.02 feet to a US Government |
|
marker in concrete found at corner; |
|
N 36° 58' 31" E, a distance of 919.31 feet to a US Government |
|
marker in concrete found at corner; |
|
N 26° 55' 54" E, a distance of 499.80 feet to a US Government |
|
marker in concrete found at corner; |
|
N 64° 31' 34" E, a distance of 464.89 feet to a US Government |
|
marker in concrete found at corner; |
|
N 29° 01' 25" E, a distance of 699.51 feet to a point on the |
|
previously mentioned County Road No. 543 south line, said point |
|
further being the northwest corner of the previously mentioned Lot |
|
1 of Shalimar Acres, a US Government marker in concrete found at |
|
corner; |
|
THENCE, S 81° 18' 52" E, along said County Road No. 543 south |
|
line, a distance of 82.46 feet to the Place Of Beginning with the |
|
subject tract containing 1,820,913 Square Feet or 41.8024 acres of |
|
land. |
|
PARCEL 4 |
|
BEING a tract of land situated in the Roger Willis Survey, |
|
Abstract No. 748, Collin County, Texas, the subject tract being a |
|
portion of that 1473.835 acre tract of land conveyed to Commercial |
|
Capital Investments, Inc. by Resolution Trust Corporation |
|
according to the Special Warranty Deed recorded in Collin County |
|
Clerk File number 94-0058780 of the Land Records Of Collin County |
|
Texas (LRCCT), the subject tract further being a portion of |
|
Shalimar Acres, an addition to Collin County Texas according to the |
|
Final Plat recorded in Cabinet J, Page 136, (LRCCT), land in said |
|
plat being included in the above mentioned Commercial Capital |
|
Investments, Inc. 1473.835 acre tract, the subject tract being more |
|
particularly described as follows; |
|
BEGINNING at the intersection of the southerly line of County |
|
Road No. 543 and the east line of County Road No. 544 as dedicated by |
|
said Shalimar Acres Final Plat, said Beginning Point further being |
|
located at the northwest corner of Lot 2 of said Shalimar Acres, a |
|
1/2" iron pin with a red cap stamped Tipton Eng, Inc. set at corner; |
|
THENCE, S 80° 33' 58" E, along the southerly line of said |
|
County Road No. 543 a distance of 177.59 feet to a 1/2" iron pin with |
|
a red cap stamped Tipton Eng, Inc. set at corner; |
|
THENCE, continuing along said County Road No, 543 southerly |
|
and around a tangent curve to the left having a central angle of 08° |
|
34' 08", a radius of 1969.86 feet, and a chord of S 84° 51' 02" E with |
|
a distance of 294.33 feet, an arc distance of 294.60 feet to the |
|
northeast corner of Lot 4 of said Shalimar Acres and the southwest |
|
corner of a tract of land conveyed to Collin County for right-of-way |
|
according to the Deed recorded in County Clerk File No. |
|
2000-0070885 (LRCCT), a 1/2" iron pin found at corner; |
|
THENCE, S 00° 36' 54" E, along the east line of said Shalimar |
|
Acres and a west line of a tract of land conveyed to John Lindsley |
|
McCraw, Jr. and Marjorie Elizabeth Gantt according to the Warranty |
|
Deed recorded in Volume 627, page 69 (LRCCT), a distance of 313.35 |
|
feet to an ell corner of said Shalimar Acres and John Lindsley |
|
McCraw, Jr. and Marjorie Elizabeth Gantt tract, a US Government |
|
marker in concrete found at corner); |
|
THENCE, S 88° 28' 08" W, along a south line of said Shalimar |
|
Acres and a north line of said John Lindsley McCraw, Jr. and |
|
Marjorie Elizabeth Gantt tract, a distance of 472.68 feet to a point |
|
on the previously mentioned County Road No, 544, said point further |
|
being the southwest corner of Lot 2 of said Shalimar Acres, a 1/2" |
|
iron pin with a red cap stamped Tipton Eng, Inc. set at corner; |
|
THENCE, N 00° 07' 23" E, along said County Road No, 544 east |
|
line, a distance of 381.49 feet to the Place Of Beginning with the |
|
subject tract containing 160,368 Square Feet or 3.6815 Acres of |
|
land. |
|
PARCEL 5 |
|
BEING a tract of land situated in the Roger Willis Survey, |
|
Abstract No. 748, and the Silvester Williams Survey, Abstract No. |
|
955 Collin County, Texas, the subject tract being a portion of that |
|
1473.835 acre tract of land conveyed to Commercial Capital |
|
Investments, Inc. by Resolution Trust Corporation according to the |
|
Special Warranty Deed recorded in Collin County Clerk File number |
|
94-0058780 of the Land Records Of Collin County Texas (LRCCT), the |
|
subject tract being more particularly described as follows; |
|
COMMENCING at the intersection of the southerly line of |
|
County Road No. 543 and the west line of County Road No. 544 as |
|
dedicated by said Shalimar Acres Final Plat, said point further |
|
being located at the northeast corner of Lot 1 of said Shalimar |
|
Acres, a 1/2" iron pin with a red cap stamped Tipton Eng, Inc. set at |
|
corner; |
|
THENCE, N 81° 19' 37" W, along the said County Road No. 543 |
|
south line, a distance of 82.52 feet to the Place Of Beginning of |
|
the here-in described tract of land and northwest corner of said Lot |
|
1 of Shalimar Acres, said corner further being located at an ell |
|
corner of a tract of land conveyed to the United States Of America, |
|
a US Government marker in concrete found at corner; |
|
THENCE, leaving the addition line of said Shalimar Acres and |
|
along a common line between that Commercial Capital Investments, |
|
Inc. 1473.835 acres tract and the previously mentioned United |
|
States of America tract the following; |
|
N 89° 15' 55" W, a distance of 473.20 feet to a 1/2" iron |
|
pin found at corner; |
|
N 00° 45' 29" E, a distance of 92.19 feet to a 1/2" iron pin |
|
found at corner; |
|
THENCE, continuing along the previously mentioned common |
|
property lines and along the approximate centerline of said County |
|
Road No. 543 the following; |
|
N 88° 56' 29" E, a distance of 107.30 feet to a 1/2" iron pin |
|
found at corner; |
|
S 84° 41' 46" E, a distance of 286.48 feet; |
|
S 81° 15' 53" E, a distance of 112.04 feet; |
|
THENCE, S 33° 09' 52" E, leaving said County Road No. 543 north |
|
line and along a portion of that County Road No. 543 right-of-way |
|
dedication by said Shalimar Acres, a distance of 69.05 feet; |
|
THENCE, N 89° 06' 54" W, continuing along said County Road No. |
|
543 right-of-way dedication by said Shalimar Acres, a distance of |
|
69.12 feet to the Place Of Beginning with the subject tract |
|
containing 42,403 Square Feet or 0.9734 acres of land. |
|
PARCEL 6 |
|
BEING a tract of land situated in the Thomas Toby Survey, |
|
Abstract No. 925 in the Sylvester William Survey, Abstract No. 955, |
|
Collin County, Texas being all of a called 16.105 acre tract of land |
|
conveyed by Angela Olivo Ramos to WYA Lake Lavon Ltd., a Texas |
|
limited partnership, according to the General Warranty Deed with |
|
Vendor's Lien recorded in County Clerk's File Number |
|
20071126001578660 of the Land Records of Collin County, Texas |
|
(LRCCT), the subject tract being more particularly described as |
|
follows; |
|
BEGINNING at a 1/2" iron pin found with a red cap in the |
|
easterly right-of-way of State Highway No. 78 same being the |
|
southwest corner of the subject tract and the northwest corner of a |
|
tract of land conveyed to W.B. Montgomery; |
|
THENCE, N 15° 54' 36" W, along the easterly line of said State |
|
Highway No. 78, a distance of 453.48 feet to a 1/2" iron pin with a |
|
red cap stamped Tipton Eng. Inc. set at corner, from which a wood |
|
right-of-way monument bears S 16° 24' 09" E, a distance of 63.19 |
|
feet; |
|
THENCE, continuing along the easterly line of said State |
|
Highway No. 78 and around a curve to the right having a central |
|
angle of 04° 27' 04", a radius of 1382.93 feet, a chord of N 13° 41' |
|
04" W - 107.37 feet, an arc distance of 107.39 feet to a 1/2" iron |
|
pin with a red cap stamped Tipton Eng. Inc. set at corner; |
|
THENCE, N 89° 45' 00" E, along the south line of a tract of |
|
land conveyed to Angela Olivo Ramos, according to the Warranty Deed |
|
recorded in County Clerk File Number 20060208000171830 (LRCCT), a |
|
distance of 1364.23 feet to the northeast corner of the subject |
|
tract and a point in the west line of a called 23.764 acres tract of |
|
land conveyed by Billy G. Roan and wife, Merle Ann Roan to WYA Lake |
|
Lavon Ltd., a Texas limited partnership according to the Special |
|
Warranty Deed with Vendor's Lien recorded in County Clerk File |
|
Number 20080111000045480 (LRCCT), a 1/2" iron pin with a red cap |
|
stamped Tipton Eng. Inc set at corner from which a 5/8" iron pin |
|
found with a red cap stamped "Clark" bears N 00° 09' 30" W, a |
|
distance of 515.87 feet; |
|
THENCE, S 00° 15' 00" E, along the east line of said 16.105 |
|
acres WYA Lake Lavon Ltd., tract and west line of said WYA Lake |
|
Lavon Ltd. 23.764 acres tract, a distance of 547.75 feet to a 1/2" |
|
iron pin found at corner; |
|
THENCE, N 89° 05' 05" W, along the south line of said WYA Lake |
|
Lavon Ltd. 16.105 acres tract and the north line of said WYA Lake |
|
Lavon Ltd. 23.764 acres tract, a distance of 205.28 feet to a common |
|
northerly corner of said WYA Lake Lavon Ltd. 23.764 acres tract and |
|
an 18.8098 acres tract of land conveyed by JDI Investors, LP to WYA |
|
Lake Lavon Ltd., a Texas limited partnership according to according |
|
to the Special Warranty Deed with Vendor's Lien recorded in CC# |
|
20080702000812420 (LRCCT), a 1/2" iron pin found with a red cap |
|
stamped "Clark" found 1 foot NW of a fence corner post at corner; |
|
THENCE, S 89° 53' 31" W, along the north line of said WYA Lake |
|
Lavon Ltd 18.8098 acres tract of land and the south line of the |
|
subject WYA Lake Lavon Ltd. 16.105 acres tract of land, passing a |
|
1/2" iron pin found at the northeast corner of said Montgomery Tract |
|
at a distance of 592.68 feet and continuing along the north line of |
|
said Montgomery Tract for a total distance of 1011.65 feet to the |
|
PLACE OF BEGINNING with the subject tract containing 701,534 square |
|
feet or 16.105 acres of land. |
|
PARCEL 7 |
|
BEING a tract of land situated in the Sylvester William |
|
Survey, Abstract No. 955, Collin County, Texas and being all of a |
|
called 23.764 acres tract of land conveyed by Billy G. Roan and |
|
wife, Merle Ann Roan to WYA Lake Lavon Ltd., a Texas limited |
|
partnership according to the Special Warranty Deed with Vendor's |
|
Lien recorded in County Clerk File Number 20080111000045480 |
|
(LRCCT), the subject tract being more particularly described as |
|
follows; |
|
BEGINNING at a 5/8" iron pin with a red cap stamped " Clark" |
|
found for corner at the intersection of the South right-of-way of |
|
County Road 543, the west boundary line of said 23.764 acres tract |
|
and the east boundary line of a 1.001 acre tract owned by Dario M. |
|
Castillo according to the warranty deed recorded in Volume 5734, |
|
Page 2748 (LRCCT), said beginning point further being located at |
|
the southwest corner of a 0.4622 acre tract described in conveyance |
|
from Bill G. Roan to County of Collin, dated May 24, 2000 and |
|
recorded in Volume 4677, Page 1545 (LRCCT), said beginning point |
|
further being 1303.91 feet easterly, along said County Road 543 |
|
south line, from the point of intersection of the south line of |
|
County Road No. 543 (Vol. 4837, Page 725 LRCCT), a variable width |
|
ROW and the east line of State Highway Number 78; |
|
THENCE with the south right-of-way of County Road 543 and the |
|
south boundary line of said 0.4622 acre tract the following; |
|
S 89° 25' 22" E, a distance of 30.49 feet to a 1/2" iron rod |
|
found for corner; |
|
N 89° 06' 30" E, a distance of 430.67 feet to the northeast |
|
corner of the said subject 23.764 acres tract, said point further |
|
being located on the west line of a 15.23 acres tract conveyed by |
|
Emma Nowlin, et al to the United States of America dated September |
|
21, 1972, recorded in Volume 837, Page 367 (LRCCT), a 1/2" iron rod |
|
found at corner; |
|
THENCE, S 30° 07' 59" E, a distance of 531.40 feet to a |
|
concrete corporation monument found for corner and 1.2 feet north |
|
of a fence corner, said corner being an interior corner of the |
|
United States of America 15.23 acres tract; |
|
THENCE, along the east line of said WYA Lake Lavon Ltd.23.764 |
|
acres tract and the west line of said United States of America tract |
|
the following; |
|
S 57° 08' 27" W, a distance of 564.72 feet to a concrete |
|
corporation monument found near a fence corner at corner, |
|
S 30° 05' 11" E, a distance of 310.04 feet to a concrete |
|
corporation monument found at corner; |
|
S 06° 02' 06" W, passing a concrete corporation monument found |
|
at a distance of 499.80 feet and continuing to make a total distance |
|
of 899.52 feet to the most southerly southeast corner of said WYA |
|
Lake Lavon Ltd. 23.764 acres tract, a concrete corporation monument |
|
found at corner; |
|
THENCE, S 77° 58' 17" W, along the south line of said WYA Lake |
|
Lavon Ltd. 23.764 acres tract and the north line of said United |
|
States of America 15.23 acres tract, a distance of 530.53 feet to |
|
the southwest corner of the subject WYA Lake Lavon Ltd. 23.764 acres |
|
tract and the southeast corner of that 18.8098 acres tract of land |
|
conveyed by JDI Investors, LP to WYA Lake Lavon Ltd., a Texas |
|
limited partnership according to according to the Special Warranty |
|
Deed with Vendor's Lien recorded in CC# 20080702000812420 (LRCCT), |
|
a 1/2" iron pin with a red cap stamped "Wisdom" found at corner, |
|
from which a fence corner post bears S 04° 44" 01" E, a distance of |
|
5.32 feet and a metal pole of a power line bears S 59° 34' 51" E, a |
|
distance of 70.91 feet; |
|
THENCE N 00° 12' 05" E, along the east line of said WYA Lake |
|
Lavon Ltd. 18.8098 acres tract and the west line of said WYA Lake |
|
Lavon Ltd. 23.764 acres tract and generally along or near a barbed |
|
wire fence, a distance of 972.68 to a point on the south line of a |
|
16.105 acre tract of land conveyed by Angela Olivo Ramos to WYA Lake |
|
Lavon Ltd., a Texas limited partnership, according to the General |
|
Warranty Deed with Vendor's Lien recorded in County Clerk's File |
|
Number 20071126001578660 of the Land Records of Collin County, |
|
Texas (LRCCT), a 1/2" iron pin with a red cap stamped "Clark" found |
|
1 foot NW of a fence corner post at corner; |
|
THENCE, S 89° 05' 05" E, along the north line of the subject |
|
WYA Lake Lavon Ltd. 23.764 acres tract and the south line of said |
|
WYA Lake Lavon Ltd. 16.105 acres tract, a distance of 205.28 feet to |
|
a 1/2" iron pin found at corner; |
|
THENCE, N 00° 15' 00" W, along the subject WYA Lake Lavon Ltd. |
|
23.764 acres tract west line and east lines of the said WYA Lake |
|
Lavon Ltd. 16.105 acres tract and that 16.1066 acres tract of land |
|
owned by Angela Olivo Ramos, according to the warranty deed |
|
recorded in County Clerk's File Number 20060208000171830 (LRCCT), a |
|
distance of 970.04 feet to a 1/2" iron pin with a cap stamped |
|
Stovall & Associates found at corner; |
|
THENCE, N 00° 03' 27" E, along the east line of said Dario M. |
|
Castillo 1.001 acre tract and the west line of the subject WYA Lake |
|
Lavon Ltd. 23.764 acres tract, a distance of 93.64 feet to the Place |
|
of Beginning with the subject tract containing 1,035,320 Square |
|
Feet or 23.7677 acres of land. |
|
PARCEL 8 |
|
BEING a tract of land situated in the Thomas Toby Survey, |
|
Abstract No. 925 and the Sylvester William Survey, Abstract No. |
|
955, Collin County, Texas, the subject tract being all of that |
|
18.8098 acres tract of land conveyed by JDI Investors, LP to WYA |
|
Lake Lavon Ltd., a Texas limited partnership according to according |
|
to the Special Warranty Deed with Vendor's Lien recorded in CC# |
|
20080702000812420 of the Land Records of Collin County, Texas |
|
(LRCCT), the subject tract being more particularly described as |
|
follows; |
|
COMMENCING at the point intersection of the south line of |
|
County Road No. 543 (Vol. 4837, Page 725 LRCCT), a variable width |
|
ROW at this point and the east line of State Highway Number 78, said |
|
point being the most northerly northwest corner of a tract of land |
|
conveyed to Alfred Olivo according to the warranty deed recorded in |
|
County Clerk's File Number 20060208000171820 (LRCCT), a 1/2" iron |
|
pin with a red cap stamped "Boundary Solutions" found at corner, |
|
from which a 1/2" iron pin found bears N 31° 40' 42" W, a distance of |
|
176.28 feet; |
|
THENCE, along the said State Highway Number 78 easterly line |
|
the following; |
|
S 45° 09' 02" W, a distance of 131.71 feet; |
|
S 00° 36' 13" E, a distance of 184.23 feet; |
|
Around a non-tangent curve to the left having a central angle |
|
of 15° 42' 46", a radius of 1382.39 feet and a chord of S 08° 03'17" E |
|
- 377.92 feet, an arc distance of 379.10 feet; |
|
S 15° 54' 36" E, a distance of 453.48 feet to the southwest |
|
corner of a 16.105 acres tract of land conveyed to WYA Lake Lavon |
|
Ltd., according to the according to the General Warranty Deed With |
|
Vendor's Lien recorded in CC# 20071126001578660 (LRCCT); |
|
THENCE, N, 89° 53' 31" E, along the south line of said WYA Lake |
|
Lavon Ltd., 16.105 acres tract, a distance of 418.96 feet to the |
|
PLACE OF BEGINNING of the herein described tract, said Beginning |
|
Point being the most northerly northwest corner of the subject WYA |
|
Lake Lavon Ltd., 18.8098 acres tract and the northeast corner of a |
|
tract of land conveyed to Willie B. Montgomery according to the deed |
|
recorded in Volume 463, Page 496 (LRCCT), a 1/2" iron pin with a red |
|
cap stamped "Wisdom" found at corner; |
|
THENCE, N 89° 53' 31" E, along the south line of said WYA Lake |
|
Lavon Ltd., 16.105 acres tract and the north line of said WYA Lake |
|
Lavon Ltd., 18.8098 acres tract, a distance of 592.69 feet to the |
|
northeast corner of said WYA Lake Lavon Ltd., 18.8098 acres tract, |
|
said corner also being located at an angle point of a 23.764 acre |
|
tract of land conveyed to WYA Lake Lavon Ltd., a Texas limited |
|
partnership, according to the Warranty Deed With Vendor's Lien |
|
recorded in CC# 20080111000045480 (LRCCT), a 1/2" iron pin with a |
|
red cap stamped "Clark" found 1 foot NW of a fence corner post at |
|
corner; |
|
THENCE, S 00° 11' 58" W, along the east line of said WYA Lake |
|
Lavon Ltd., 18.8098 acres tract and west line of said WYA Lake Lavon |
|
Ltd., 23.764 acres tract, and generally along or near a barbed wire |
|
fence, a distance of 972.52 feet to the southeast corner of said WYA |
|
Lake Lavon Ltd., 18.8098 acres tract, a 1/2" iron pin with a red cap |
|
stamped "Wisdom" found at corner, from which a fence corner post |
|
bears S 04° 44" 01" E, a distance of 5.32 feet and a metal pole of a |
|
power line bears S 59° 34' 51" E, a distance of 70.91 feet; |
|
THENCE, S 89° 52' 50" W, along the south line of said WYA Lake |
|
Lavon Ltd., 18.8098 acres tract and the north line of a tract of |
|
land conveyed to the Untied States Of America according to the |
|
Condemnation document recorded in Volume 714, page 825 (LRCCT), and |
|
proceeding approximately 5.3 feet to 6 feet northerly of a barbed |
|
wire fence, a distance of 811.92 feet to a concrete Government |
|
marker stamped 1918-1-1 found at corner, from which a fence corner |
|
post bears S 02° 51' 19" E, a distance of 6.1 feet; |
|
THENCE, N 04° 36' 49" W, a long the westerly line of said WYA |
|
Lake Lavon Ltd., 18.8098 acres tract and an easterly line of a tract |
|
of land conveyed to the United States Of America and identified as |
|
Tract 1918-1 according to the Condemnation document recorded in |
|
Volume 755, Page 612 (LRCCT), a distance of 460.09 feet to a |
|
concrete Government marker stamped 1918-1-2 found at corner, |
|
THENCE, S 88° 38' 36" W, along a south line of said WYA Lake |
|
Lavon Ltd., 18.8098 acres tract and the north line of said United |
|
States Of America north line (755, Page 612), a distance of 49.97 |
|
feet to a concrete Government marker stamped 1918-1-3 found at |
|
corner, |
|
THENCE, along said State Highway No. 78 easterly line and the |
|
westerly line of said WYA Lake Lavon Ltd., 18.8098 acres tract the |
|
following; |
|
Around a non-tangent curve to the left having a central angle |
|
of 13° 07' 52", a radius of 1373.25 feet and a chord of N 09° 20' 40" W |
|
- 314.03 feet, an arc distance of 314.72 feet to a 1/2" iron pin with |
|
a red cap stamped Tipton Engineering, Inc. set at corner; |
|
N 15° 54' 36" W, a distance of 89.62 feet to a 1/2" iron pin |
|
with a red cap stamped Tipton Engineering, Inc. set at corner, from |
|
which a Highway Department wood monument found bears N 24° 06' E, a |
|
distance of 0.28 foot and a 1/2" iron pin with a red cap stamped |
|
"Wisdom" found bears S 15° 54' 36" E, a distance of 10.13 feet; |
|
THENCE, N 89° 53' 31" E, along the south line of the previously |
|
mentioned Willie B. Montgomery tract and a north line of said WYA |
|
Lake Lavon Ltd., 18.8098 acres tract, a distance of 383.16 feet to a |
|
1/2" iron pin with a red cap stamped Tipton Engineering, Inc. set at |
|
corner, from which a 60d nail found in top of 3 feet tall power pole |
|
bears S 07' 17' 23" E, a distance of 9.94 feet; |
|
THENCE, N 00° 57' 15" E. along a west line of said WYA Lake |
|
Lavon Ltd., 18.8098 acres tract and the east line of said Willie B. |
|
Montgomery tract, a distance of 118.97 feet to the Place Of |
|
Beginning with the subject tract containing 819,355 Square Feet or |
|
18.8098 Acres of Land. |
|
PARCEL 9 |
|
BEING a tract of land situated in the Thomas Toby Survey, |
|
Abstract No. 925 and the Sylvester William Survey, Abstract No. |
|
955, Collin County, Texas, the subject tract being all of that tract |
|
of land conveyed to Alfred Olivo, according to the warranty deed |
|
recorded in County Clerk's File Number 20060208000171830 of the |
|
Land Records of Collin County, Texas (LRCCT), the subject tract |
|
being more particularly described as follows; |
|
BEGINNING at the point intersection of the south line of |
|
County Road No. 543 (Vol. 4837, Page 725 LRCCT), a variable width |
|
ROW and the east line of State Highway Number 78, said point being |
|
the northwest corner of said Alfred Olivo subject tract, a 1/2" iron |
|
pin with a red cap stamped "Boundary Solutions" found at corner, |
|
from which a 1/2" iron pin found bears N 31° 40' 42" W, a distance of |
|
176.28 feet; |
|
THENCE, along the said County Road No. 543 south line the |
|
following; |
|
S 89° 21' 07" E (deed = S 89° 24' 48" E ), a distance of 225.74 |
|
feet to a 5/8" iron pin with a red cap found at corner; |
|
S 88° 24' 19" E (deed = S 88° 23' 30" E ), a distance of 742.45 |
|
feet to the most northerly northeast corner of said Alfred Olivo |
|
tract and northwest corner of a tract of land owned by Dario M. |
|
Castillo according to the warranty deed recorded in Volume 5734, |
|
Page 2748 (LRCCT), a 1/2" iron pin with a red cap stamped Tipton |
|
Eng., Inc. set at corner, from which a 5/8" iron pin with a red cap |
|
stamped " Clark" found bears N 71° 03' 30" W, a distance of 284.97 |
|
feet; |
|
THENCE, S 00° 47' 36" W, along an east line of said Alfred |
|
Olivo tract and west line of said Dario M. Castillo tract, a |
|
distance of 91.56 feet to a 1/2" iron pin with a cap stamped Stovall & |
|
Associates found at corner; |
|
THENCE, S 89° 18' 46" E ( deed = S 89° 19' 33" E ), along a north |
|
line of said Alfred Olivo tract and south line of said Dario M. |
|
Castillo tract, a distance of 331.89 feet to the most easterly |
|
northeast corner of said Alfred Olivo tract, said corner further |
|
being located at a point on the west line of a tract of land conveyed |
|
by Billy G. Roan and wife, Merle Ann Roan to WYA Lake Lavon Ltd., a |
|
Texas limited partnership according to the Special Warranty Deed |
|
with Vendor's Lien recorded in County Clerk File Number |
|
20080111000045480 (LRCCT), a 1/2" iron pin with a cap stamped |
|
Stovall & Associates found at corner; |
|
THENCE, S 00° 15' 00" E, along the east line of said Alfred |
|
Olivo tract and said WYA Lake Lavon Ltd., 23.764 acres tract west |
|
line, a distance of 422.28 feet to the southeast corner of said |
|
Alfred Olivo tract, a 1/2" iron pin with a red cap stamped Tipton |
|
Eng. Inc. found at corner; |
|
THENCE, S 89° 45' 00" W, along the south line of said Alfred |
|
Olivo tract and the north line of a tract of land conveyed by Angela |
|
Olivo Ramos to WYA Lake Lavon Ltd., a Texas limited partnership, |
|
according to the General Warranty Deed with Vendor's Lien recorded |
|
in County Clerk's File Number 20071126001578660 (LRCCT), a distance |
|
of 1364.23 feet to the southwest corner of said Alfred Olivo tract |
|
and a point on the east line of said State Highway No. 78, a 1/2" |
|
iron pin with a red cap stamped Tipton Eng. Inc. found at corner, |
|
from which a 5/8" iron pin with a yellow cap stamped RPLS 3949 bears |
|
S 39° 23' 34" W, a distance of 161.44 feet; |
|
THENCE, along the west line of said Alfred Olivo tract and the |
|
east line of said State Highway No. 78 the following, |
|
Around a non-tangent curve to the right having a central |
|
angle of 11° 15' 42", a radius of 1382.39 feet and a chord of N 05° 49' |
|
42" W - 271.28 feet, an arc distance of 271.72 feet to a 1/2" iron |
|
pin with a red cap stamped "Boundary Solutions" found at corner; |
|
N 00° 36' 13" W ( deed = N 00° 11' 36" W - 184.40 feet ), a |
|
distance of 184.23 feet to a wood monument found at corner, from |
|
which the corner of an old house bears N 89° 36' 11" E - 61.68 feet |
|
and another wood monument across State Highway No, 78 bears N 78° 09' |
|
24" W, a distance of 224.39 feet; |
|
N 45° 09' 02" E (deed = N 44° 48' 24" E - 130.44 feet), a |
|
distance of 131.71 feet to the PLACE OF BEGINNING with the subject |
|
tract containing 701,603 square feet or 16.1066 acres of land. |
|
PARCEL 10 |
|
BEING a tract of land situated in the Roger Willis Survey, |
|
Abstract No. 748, Collin County, Texas, the subject tract being a |
|
portion of that 1473.835 acre tract of land conveyed to Commercial |
|
Capital Investments, Inc. by Resolution Trust Corporation |
|
according to the Special Warranty Deed recorded in Collin County |
|
Clerk File number 94-0058780 of the Land Records Of Collin County |
|
Texas (LRCCT), the subject tract further being a portion of Wenners |
|
Park, an addition to Collin County Texas according to the Final Plat |
|
recorded in Cabinet J, Page 136, (LRCCT), which is included in the |
|
above mentioned Commercial Capital Investments, Inc. 1473.835 acre |
|
tract, the subject tract being more particularly described as |
|
follows; |
|
BEGINNING at a point on the south line of County Road No. 543 |
|
(a 120' ROW), said point being located at the Northwest corner of |
|
Lot 1 of said Wenners Park and the southeast corner of that tract of |
|
land conveyed to the County Of Collin for road purposes according to |
|
the Deed recorded in County Clerk File No. 2000-0070885 (LRCCT), |
|
said Beginning Point further being at the northeast corner of a |
|
tract of land owned by John Lindsley McCraw and Marjorie Elizabeth |
|
McCraw according to the Warranty deed recorded in Volume 627, Page |
|
69 (LRCCT), a 1/2" iron pin with a red cap stamped Tipton Eng, Inc. |
|
set at corner; |
|
THENCE, along the said County Road No. 543 southerly line the |
|
following; |
|
S 89° 24' 06" E, a distance of 890.66 feet to a 1/2" iron pin |
|
with a red cap stamped Tipton Eng, Inc. set at corner; |
|
Around a tangent curve to the left having a central angle of |
|
14° 46' 02", a radius of 1249.86 feet, and a chord of N 83° 12' 53" |
|
E-321.24 feet, an arc distance of 322.13 feet to a 1/2" iron pin |
|
with a red cap stamped Tipton Eng, Inc. set at corner; |
|
N 75° 49' 52" E, a distance of 216.93 feet to a 1/2" iron pin |
|
with a red cap stamped Tipton Eng, Inc. set at corner; |
|
Around a tangent curve to the right having a central angle of |
|
14° 22' 13", a radius of 1129.86 feet, and a chord of N 83° 00' 59" |
|
E-282.64 feet, an arc distance of 283.38 feet to a 1/2" iron pin |
|
with a red cap stamped Tipton Eng, Inc. set at corner; |
|
S 89° 47' 55" E, a distance of 817.15 feet to the northeast |
|
corner of Lot 12 of said Wenners Park and the southwest corner of a |
|
tract of land conveyed to the County Of Collin for road purposes |
|
according to the Deed recorded in County Clerk File No. 99-0115447 |
|
(LRCCT), a 1/2" iron pin found at corner; |
|
THENCE, along or westerly of the west line of a tract of land |
|
conveyed to Boyce Creek Estates Partnership, according to the |
|
Warranty Deed recorded in County Clerk File No. 20071205001626340 |
|
(LRCCT) and the east line of said Wenners Park the following; |
|
S 00° 48' 53" W, a distance of 913.39 feet to a 1/2" iron pin |
|
found at corner; |
|
S 01° 05' 39" W, a distance of 117.27 feet to a 1/2" iron pin |
|
with a red cap stamped Tipton Eng, Inc. set at corner; |
|
S 00° 24' 39" E, a distance of 1169.17 feet to a 1/2" iron pin |
|
found at corner; |
|
S 01° 16' 49" E, a distance of 426.06 feet to the southeast |
|
corner of said Wenners Park, said corner being located on the north |
|
line of a tract of land conveyed to Thomas A. Adcox according to the |
|
Warranty Deed recorded in County Clerk File No. 93-0055843 (LRCCT), |
|
a 1" iron pipe found at corner from which a fence corner post found |
|
bears N 58° 58' 10" E - 1.72 feet; |
|
THENCE, N 88° 15' 15" W, a distance of 234.65 feet along the |
|
south line of said Wenners Park and south of the found north line of |
|
a tract of land conveyed to Thomas A. Adcox according to the |
|
Warranty Deed recorded in County Clerk File No. 93-0055843 (LRCCT) |
|
to a 5/8" iron pin found at corner; |
|
THENCE, N 88° 28' 43" W, continuing along the Wenners Park |
|
south line along the north line of a tract of land conveyed to |
|
Ronald D. Townsend according to the Warranty Deed With vendor's |
|
Lien recorded in County Clerk File No. 95.0095541 (LRCCT), a |
|
distance of 138.01 feet to the northwest corner of said Ronald D. |
|
Townsend tract; |
|
THENCE, continuing along the Wenners Park south line and |
|
along or north of the north line of a tract of land conveyed to |
|
Arapaho East, Inc. according to the Warranty Deed With Vendor's |
|
Lien recorded in County Clerk File No. 2007125000110590 the |
|
following; N 87° 28' 53" W, a distance of 106.30 feet to a 1/2" iron |
|
pin found at corner; |
|
N 89° 09' 24" W, a distance of 660.91 feet; |
|
N 89° 15' 04" W, a distance of 329.10 feet to a 1/2" iron pin |
|
with a red cap stamped Tipton Eng, Inc. set at corner; |
|
S 89° 19' 08" W, a distance of 200.98 feet to a point being the |
|
northwest corner of said Arapaho East, Inc. tract and the northeast |
|
corner of a tract of land conveyed to John Yeager according to the |
|
Warranty Deed recorded in County Clerk File No. 95-0018001 (LRCCT), |
|
from said point a 1/2" iron pin with a yellow cap stamped R.S.C.I. |
|
RPLS 5034 bears N 46° 38' 55" E- 3.09 feet; |
|
THENCE, S 89° 49' 14" W, continuing along said Wenners Park |
|
south line, and the north line of said John Yeager tract, a distance |
|
of 831.17 feet to a common property corner being the southwest |
|
corner of said Wenners Park, a northwesterly corner of said John |
|
Yeager tract, and at a corner of a tract of land conveyed to the |
|
United States Of America, no monument found at corner. |
|
THENCE, along the west line of said Wenners Park, and part of |
|
the way along an east line of said United States of America, and on |
|
or near the east line of said John Lindsley McCraw and Marjorie |
|
Elizabeth McCraw tract the following; |
|
N 01° 20' 52" W, a distance of 63.19 feet to a US Government |
|
monument in concrete found at corner; |
|
N 00° 05' 48" E, a distance of 350.50 feet to a 1/2" iron pin |
|
found at corner; |
|
N 00° 00' 20" W, a distance of 428.47 feet to a 1/2" iron pin |
|
found at corner; |
|
N 01° 04' 04" W, a distance of 564.64 feet to a 1/2" iron pin |
|
with a red cap stamped Tipton Eng, Inc. set at corner; |
|
N 00° 25' 45" W, a distance of 1081.22 feet to the Place of |
|
Beginning with the subject tract containing 6,354,268 Square Feet |
|
or 145.8739 acres of land. |
|
PARCEL 11 |
|
BEING a tract of land situated in the Roger Willis Survey, |
|
Abstract No. 748 and the James Osgood Survey, Abstract No. 673, in |
|
Collin County, Texas, the subject tract being all of that 122.085 |
|
acre tract of land conveyed to Boyce Creek Estates Partnership, a |
|
Texas General Partnership according to the Warranty deed recorded |
|
in County Clerk File Number 20071205001626340 (LRCCT), the subject |
|
tract being more particularly described as follows; |
|
BEGINNING at a point on the south line of County Road No. 543 |
|
(a 120' ROW), said point being located at the Northeast corner of |
|
Lot 12 of Wenners Park, an addition to Collin County Texas according |
|
to the Final Plat recorded in Cabinet J, Page 136, (LRCCT), said |
|
point further being the northwest corner of said Boyce Creek |
|
Estates Partnership 122.085 acre tract, a 1/2" iron pin found next |
|
to a fence corner post at corner, |
|
THENCE, N 89° 42' 04" E, along the south line of said County |
|
Road Number 543, a distance of 645.18 feet to the northwest corner |
|
of a remaining tract of land conveyed to Commercial Capital |
|
Investments, Inc. according to the deed recorded in County Clerk |
|
File Number 94-0058780 (LRCCT), a 1/2" iron pin found at corner; |
|
THENCE, S 00° 17' 56" E, along the west line of said Commercial |
|
Capital Investments, Inc. tract, a distance of 116.02 feet; |
|
THENCE, N 89° 51' 51" E, along the south line of said |
|
Commercial Capital Investments, Inc. tract, a distance of 450.80 |
|
feet; |
|
THENCE, N 00° 17' 56" W, along the east line of said Commercial |
|
Capital Investments, Inc. tract, a distance of 117.32 feet to a |
|
point on the said County Road Number 543 south line, a 1/2" iron pin |
|
found at corner; |
|
THENCE, N 89° 42' 04" E, along said County Road Number 543 |
|
south line, a distance of 943.24 feet to the northeast corner of |
|
said Boyce Creek Estates Partnership tract, said point further |
|
being the northwest corner of a 11.430 acre tract of land conveyed |
|
to Raymond and Mary Estrello as recorded in Volume 1268, Page 498 |
|
(LRCCT); |
|
THENCE, S 00° 13' 19" E, along the west line of said 11.430 |
|
acre tract, a distance of 449.65 feet to a 1/2" iron pin found at |
|
corner; |
|
THENCE, S 00° 05' 23" W, along a fence, a distance of 1068.33 |
|
feet to the existing southwest corner of a 2.600 acre tract of land |
|
conveyed to Ray Estrello according to the deed recorded in Collin |
|
County Clerk File Number 96-0033461 (LRCCT); |
|
THENCE, S 00° 01' 45" E, along a fence, a distance of 350.10 |
|
feet to the southwest corner of an 8.00 acre tract of land conveyed |
|
to Keenan and Janice Lusk according to the deed recorded in Collin |
|
County Clerk File Number 96-0010294 (LRCCT), a 3/8" iron pin found |
|
at corner; |
|
THENCE, S 00° 03' 28" E, along a fence, a distance of 750.92 |
|
feet to the southeast corner of said Boyce Creek Estates |
|
Partnership tract and the southwest corner of a 14.500 acre tract of |
|
land conveyed to Rick and Terry Rabon according to the deed recorded |
|
Collin County Clerk File Number 96-0055479 (LRCCT); |
|
THENCE, along the south line of said Boyce Creek Estates |
|
Partnership tract the following; |
|
S 88° 49' 18" W, a distance of 322.40 feet to a 3/8" iron pin |
|
found at corner; |
|
S 89° 32' 40" W, a distance of 641.39 feet; |
|
S 89° 42' 16" W, a distance of 1073.83 feet to the southwest |
|
corner of said Boyce Creek Estates Partnership tract, a 1" iron pipe |
|
found at corner, said corner further being the southeast corner of |
|
the previously mentioned Wenners Park addition; |
|
THENCE, along the west line of said Boyce Creek Estates |
|
Partnership tract the following; |
|
N 00° 42' 50" W, passing 4.2 feet east of an angle point of |
|
said Wenners Park at a distance of 426.03 feet and continuing to |
|
make a total distance of 837.78 feet; |
|
N 00° 38' 25" W, a distance of 519.80 feet; |
|
N 00° 36' 47" E, passing 4.2 feet east of a 1/2" iron pin with a |
|
red cap stamped Tipton Eng., Inc. found at corner at a distance of |
|
237.57 feet and passing 3.2 feet east of a 1/2" iron pin found at a |
|
distance of 354.83 feet and continuing to make a total distance of |
|
1268.21 feet to the Place of Beginning with the subject tract |
|
containing 5,317,920 Square Feet or 122.0827 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. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |