85R25018 JCG-F
 
  By: Sanford H.B. No. 4268
 
  Substitute the following for H.B. No. 4268:
 
  By:  Cosper C.S.H.B. No. 4268
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Celina Municipal Management
  District No. 2; providing a limited authority of eminent domain;
  providing authority to issue bonds and impose assessments, fees,
  and taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3798 to read as follows:
  CHAPTER 3798. CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 2
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 3798.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Celina, Texas.
               (3)  "Commission" means the Texas Commission on
  Environmental Quality.
               (4)  "Director" means a board member.
               (5)  "District" means the Celina Municipal Management
  District No. 2.
         Sec. 3798.002.  CREATION AND NATURE OF DISTRICT. The
  district is a special district created under Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution.
         Sec. 3798.003.  PURPOSE; LEGISLATIVE FINDINGS. (a) The
  creation of the district is essential to accomplish the purposes of
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution, and other public purposes stated in this
  chapter. By creating the district and in authorizing the city and
  other political subdivisions to contract with the district, the
  legislature has established a program to accomplish the public
  purposes set out in Section 52-a, Article III, Texas Constitution.
         (b)  The creation of the district is necessary to promote,
  develop, encourage, and maintain employment, commerce,
  transportation, housing, tourism, recreation, the arts,
  entertainment, economic development, safety, and the public
  welfare in the district.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve the city from providing the level of
  services provided to the area in the district as of the effective
  date of the Act enacting this chapter. The district is created to
  supplement and not to supplant the city services provided in the
  district.
         Sec. 3798.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
  The district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The district is created to accomplish the purposes of a
  municipal management district as provided by general law and
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution.
         (d)  The creation of the district is in the public interest
  and is essential to:
               (1)  further the public purposes of developing and
  diversifying the economy of the state;
               (2)  eliminate unemployment and underemployment;
               (3)  develop or expand transportation and commerce; and
               (4)  provide quality residential housing.
         (e)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a community and business center; and
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty.
         (f)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, parking, and street art objects are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (g)  The district will not act as the agent or
  instrumentality of any private interest even though the district
  will benefit many private interests as well as the public.
         Sec. 3798.005.  DISTRICT TERRITORY. (a) The district is
  composed of the territory described by Section 2 of the Act enacting
  this chapter, as that territory may have been modified under other
  law.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting this chapter form a closure. A mistake in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to contract;
               (3)  authority to borrow money or issue bonds or other
  obligations described by Section 3798.251 or to pay the principal
  and interest of the bonds or other obligations;
               (4)  right to impose or collect an assessment, or
  collect other revenue; or
               (5)  legality or operation.
         Sec. 3798.006.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3798.007.  CONSTRUCTION OF CHAPTER. This chapter shall
  be liberally construed in conformity with the findings and purposes
  stated in this chapter.
         Sec. 3798.008.  CONFLICTS OF LAW. This chapter prevails
  over any provision of Chapter 375, Local Government Code, that is in
  conflict or inconsistent with this chapter.
         Sec. 3798.009.  CONSENT OF MUNICIPALITY REQUIRED. The board
  may not hold an election to authorize the issuance of bonds until
  the governing body of the city by ordinance or resolution consents
  to the creation of the district and to the inclusion of land in the
  district. The city's consent must be granted in the manner provided
  by Section 54.016, Water Code, for including land within the
  corporate limits or extraterritorial jurisdiction of a city.
         Sec. 3798.010.  EFFECT OF ANNEXATION. Notwithstanding any
  other law, if all or any part of the territory of the district is
  annexed by the city into the city's corporate limits, the district
  retains all of the district's outstanding debt and obligations and
  continues to operate under this chapter until the district is
  dissolved under Subchapter G.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3798.051.  GOVERNING BODY; TERMS. The district is
  governed by a board of five directors who serve staggered terms of
  four years, with two or three directors' terms expiring June 1 of
  each even-numbered year. One director is appointed by the city, and
  four directors are appointed by the commission as provided by
  Sections 3798.052 and 3798.053, respectively.
         Sec. 3798.052.  APPOINTMENT AND REMOVAL OF DIRECTOR
  APPOINTED BY CITY. (a) The governing body of the city shall
  appoint one director who must be:
               (1)  at least 18 years of age; and
               (2)  a resident of the city.
         (b)  At any time the governing body of the city may remove the
  director appointed by the city and appoint a director to serve the
  remainder of the removed director's term.
         Sec. 3798.053.  APPOINTMENT BY COMMISSION. (a) Before the
  term of a director other than a director appointed under Section
  3798.052 expires, the board shall recommend to the commission the
  appropriate number of persons to serve as successor directors. The
  commission shall appoint as directors the persons recommended by
  the board.
         (b)  A person recommended by the board under Subsection (a)
  must be:
               (1)  at least 18 years of age;
               (2)  an owner of property in the district;
               (3)  an owner of stock, whether beneficial or
  otherwise, of a corporate owner of property in the district;
               (4)  an owner of a beneficial interest in a trust that
  owns property in the district; or
               (5)  an agent, employee, or tenant of a person
  described by Subdivision (2), (3), or (4).
         Sec. 3798.054.  VACANCY.  If a vacancy occurs on the board,
  the remaining directors shall appoint a director for the remainder
  of the unexpired term.
         Sec. 3798.055.  DIRECTOR'S OATH OR AFFIRMATION. (a) A
  director shall file the director's oath or affirmation of office
  with the district, and the district shall retain the oath or
  affirmation in the district records.
         (b)  A director shall file a copy of the director's oath or
  affirmation with the secretary of the city.
         Sec. 3798.056.  OFFICERS. The board shall elect from among
  the directors a chair, a vice chair, and a secretary. The offices
  of chair and secretary may not be held by the same person.
         Sec. 3798.057.  COMPENSATION; EXPENSES. (a) The district
  may compensate each director in an amount not to exceed $50 for each
  board meeting. The total amount of compensation a director may
  receive each year may not exceed $2,000.
         (b)  A director is entitled to reimbursement for necessary
  and reasonable expenses incurred in carrying out the duties and
  responsibilities of the board.
         Sec. 3798.058.  LIABILITY INSURANCE. The district may
  obtain and pay for comprehensive general liability insurance
  coverage from a commercial insurance company or other source that
  protects and insures a director against personal liability and from
  all claims relating to:
               (1)  actions taken by the director in the director's
  capacity as a member of the board;
               (2)  actions and activities taken by the district; or
               (3)  the actions of others acting on behalf of the
  district.
         Sec. 3798.059.  NO EXECUTIVE COMMITTEE. The board may not
  create an executive committee to exercise the powers of the board.
         Sec. 3798.060.  BOARD MEETINGS. The board shall hold
  meetings at a place that is accessible to the public and located in
  the district or in the city.
         Sec. 3798.061.  INITIAL DIRECTORS. (a) On or after
  September 1, 2017, the owner or owners of a majority of the assessed
  value of the real property in the district according to the most
  recent certified tax appraisal rolls for the county may submit a
  petition to the commission requesting that the commission appoint
  as initial directors the four persons named in the petition. The
  commission shall appoint as initial directors the four persons
  named in the petition.
         (b)  The governing body of the city shall appoint one initial
  director.
         (c)  The initial directors shall determine by lot which three
  positions expire June 1, 2019, and which two positions expire June
  1, 2021.
         (d)  This section expires September 1, 2019.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 3798.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3798.102.  IMPROVEMENT PROJECTS AND SERVICES. (a)
  Subject to Subsection (b), the district may provide, design,
  construct, acquire, improve, relocate, operate, maintain, or
  finance an improvement project or service using money available to
  the district, or contract with a governmental or private entity to
  provide, design, construct, acquire, improve, relocate, operate,
  maintain, or finance an improvement project or service authorized
  under this chapter or Chapter 375, Local Government Code.
         (b)  The district may not construct or finance an improvement
  project, other than a water, sewer, or drainage facility or road,
  unless the governing body of the city by ordinance or resolution
  consents to the construction or financing.
         (c)  The district may issue bonds, notes, or other
  obligations to maintain or repair an existing improvement project
  only if the governing body of the city by ordinance or resolution
  consents to the issuance.
         Sec. 3798.103.  LOCATION OF IMPROVEMENT PROJECT. A district
  improvement project may be located inside or outside of the
  district.
         Sec. 3798.104.  OWNERSHIP OF IMPROVEMENT PROJECTS. (a)
  Before a district improvement project may be put into operation,
  the district must transfer ownership of the project to the city.
         (b)  The transfer of ownership is complete on the city's
  acceptance of ownership.
         Sec. 3798.105.  RETAIL WATER AND SEWER SERVICES PROHIBITED.
  The district may not provide retail water or sewer services.
         Sec. 3798.106.  ADDING OR REMOVING TERRITORY. (a) Subject
  to Subsections (b), (c), and (d), the board may add or remove
  territory as provided by Subchapter J, Chapter 49, Water Code.
         (b)  The district may add territory as described by
  Subsection (a) only if the governing body of the city by ordinance
  or resolution consents to the addition.
         (c)  The district and all districts created under Subchapter
  D collectively may add a total area of not more than 100 acres.
         (d)  Territory added under Subsection (a) must be contiguous
  to the district at the time of the addition.
         Sec. 3798.107.  LIMITED EMINENT DOMAIN POWER. The district
  may not exercise the power of eminent domain unless the governing
  body of the city by ordinance or resolution consents to the
  exercise.
  SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
         Sec. 3798.151.  DIVISION OF DISTRICT; PREREQUISITES. The
  district, including territory added to the district under Section
  3798.106, may be divided into two or more new districts only if the
  district has no outstanding bonded debt.  Territory previously
  added to the district under Section 3798.106 may be included in a
  new district.
         Sec. 3798.152.  LAW APPLICABLE TO NEW DISTRICT. This
  chapter applies to any new district created by division of the
  district, and a new district has all the powers and duties of the
  district.
         Sec. 3798.153.  DIVISION PROCEDURES. (a) The board, on its
  own motion or on receipt of a petition signed by an owner of real
  property in the district, may adopt an order proposing to divide the
  district.
         (b)  If the board decides to divide the district, the board
  shall:
               (1)  set the terms of the division, including names for
  the new districts and a plan for the payment or performance of any
  outstanding district obligations;
               (2)  prepare a metes and bounds description for each
  proposed district; and
               (3)  appoint four initial directors for each new
  district.
         (c)  The governing body of the city shall appoint one
  director for each new district.
         Sec. 3798.154.  CONTRACT AUTHORITY OF NEW DISTRICTS. The
  new districts may contract with each other for any matter the boards
  of the new districts consider appropriate, including the joint
  construction or financing of a utility improvement.
  SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3798.201.  DISBURSEMENTS AND TRANSFERS OF MONEY. The
  board by resolution shall establish the number of directors'
  signatures and the procedure required for a disbursement or
  transfer of the district's money.
         Sec. 3798.202.  MONEY USED FOR IMPROVEMENTS OR SERVICES.
  The district may acquire, construct, or finance an improvement
  project or service authorized by this chapter or Chapter 375, Local
  Government Code, using any money available to the district.
         Sec. 3798.203.  METHOD OF NOTICE FOR HEARING. The district
  may mail the notice required by Section 375.115(c), Local
  Government Code, by certified or first class United States mail.
  The board shall determine the method of notice.
         Sec. 3798.204.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
  The board by resolution may impose and collect an assessment for any
  purpose authorized by this chapter in all or any part of the
  district.
         (b)  An assessment, a reassessment, or an assessment
  resulting from an addition to or correction of the assessment roll
  by the district, penalties and interest on an assessment or
  reassessment, an expense of collection, and reasonable attorney's
  fees incurred by the district are:
               (1)  a first and prior lien against the property
  assessed;
               (2)  superior to any other lien or claim other than a
  lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  the personal liability of and a charge against the
  owners of the property even if the owners are not named in the
  assessment proceedings.
         (c)  The lien is effective from the date of the board's
  resolution imposing the assessment until the date the assessment is
  paid. The board may enforce the lien in the same manner that the
  board may enforce an ad valorem tax lien against real property.
         (d)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
         (e)  The district may not impose an assessment on a
  municipality, county, or other political subdivision.
         Sec. 3798.205.  NOTICE OF ASSESSMENTS. Annually, the board
  shall file with the secretary of the city written notice that
  specifies the assessments the district will impose in the
  district's next fiscal year in sufficient clarity to describe the
  assessments for the operation and maintenance of the district and
  the assessments for the payment of debt service of obligations
  issued or incurred by the district.
  SUBCHAPTER F.  TAXES AND BONDS
         Sec. 3798.251.  BONDS AND OTHER OBLIGATIONS. (a) The
  district may issue, by public or private sale, bonds, notes, or
  other obligations payable wholly or partly from ad valorem taxes or
  assessments in the manner provided by Subchapter A, Chapter 372, or
  Subchapter J, Chapter 375, Local Government Code.  Sections
  375.207(a) and (b), Local Government Code, do not apply to the
  district.
         (b)  In exercising the district's borrowing power, the
  district may issue a bond or other obligation in the form of a bond,
  note, certificate of participation or other instrument evidencing a
  proportionate interest in payments to be made by the district, or
  other type of obligation.
         (c)  In addition to the sources of money described by
  Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
  Government Code, district bonds may be secured and made payable
  wholly or partly by a pledge of any part of the money the district
  receives from improvement revenue or from any other source.
         (d)  Not later than the 30th day before the date the district
  holds a bond sale, the district shall provide the governing body of
  the city written notice of the sale.
  SUBCHAPTER G.  DISSOLUTION
         Sec. 3798.301.  DISSOLUTION BY CITY ORDINANCE. (a) The
  governing body of the city may dissolve the district by ordinance.
         (b)  The governing body may not dissolve the district until:
               (1)  water, sanitary, sewer, and drainage improvements
  and roads have been constructed to serve at least 90 percent of the
  developable territory of the district; and
               (2)  the district has reimbursed each party that has an
  agreement with the district for all costs advanced to or on behalf
  of the district.
         (c)  Until the district is dissolved, the district is
  responsible for all bonds and other obligations of the district.
         Sec. 3798.302.  COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
  (a) If the dissolved district has bonds or other obligations
  outstanding secured by and payable from assessments or other
  revenue, other than revenue from ad valorem taxes, the city shall
  succeed to the rights and obligations of the district regarding
  enforcement and collection of the assessments or other revenue.
         (b)  The city shall have and exercise all district powers to
  enforce and collect the assessments or other revenue to pay:
               (1)  the bonds or other obligations when due and
  payable according to their terms; or
               (2)  special revenue or assessment bonds or other
  obligations issued by the city to refund the outstanding bonds or
  obligations.
         Sec. 3798.303.  ASSUMPTION OF ASSETS AND LIABILITIES. (a)
  After the city dissolves the district, the city assumes, subject to
  the appropriation and availability of funds, the obligations of the
  district, including any bonds or other debt payable from
  assessments or other district revenue.
         (b)  If the city dissolves the district, the board shall
  transfer ownership of all district property to the city.
  SUBCHAPTER Z. SPECIAL BOND PROVISIONS
         Sec. 3798.901.  APPLICABILITY. This subchapter applies only
  to bonds payable wholly or partly from revenue derived from
  assessments on real property in the district.
         Sec. 3798.902.  CONFLICT OF LAWS. In the event of a conflict
  between this subchapter and any other law, this subchapter
  prevails.
         Sec. 3798.903.  WRITTEN AGREEMENT REGARDING SPECIAL
  APPRAISALS. Before the district may issue bonds, the district and
  any person to whom the board intends that proceeds of the bonds be
  distributed, including the developer, another owner of land in the
  district, and any entity acting as a lender to the developer or
  other landowner for the purpose of a project relating to the
  district, must enter into a written agreement that:
               (1)  waives for the term of the agreement the right to a
  special appraisal with respect to taxation by the district under
  Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
               (2)  remains in effect for 30 years and is binding on
  the parties, on entities related to or affiliated with the parties,
  and on their successors and assignees.
         Sec. 3798.904.  REQUIREMENTS FOR ADVERTISING BOND ISSUE. A
  district may not advertise for an issuance of bonds until the
  completion of at least 25 percent of the projected value of the
  improvements, including houses and other buildings, that are liable
  for district assessments and necessary to support the district
  bonds.
         Sec. 3798.905.  REQUIREMENTS FOR BOND ISSUE.  The district
  may not issue bonds until:
               (1)  the district submits to the commission:
                     (A)  an engineer's report describing the project
  for which the bonds will provide funding, including data, profiles,
  maps, plans, and specifications related to the project; and
                     (B)  a cash flow analysis to determine the
  projected rate of assessment, which includes the following
  assumptions:
                           (i)  each ending balance for debt service in
  the analysis is not less than 25 percent of the following year's
  debt service requirement;
                           (ii)  interest income is only shown on the
  ending balance for debt service for the first two years; and
                           (iii)  the projected rate of assessment is
  level or decreasing for the life of the bonds issued by the
  district;
               (2)  the completion of at least 75 percent of the
  projected value of the improvements, including houses and other
  buildings, that are liable for district assessments and necessary
  to support the district bonds; and
               (3)  the district has obtained an independent market
  study from a firm recognized in the area of real estate market
  analysis supporting the development projects for the real property
  that is liable for district assessments and necessary to support
  the district bonds.
         Sec. 3798.906.  REQUIREMENTS FOR COLLECTION OF REVENUE TO
  PAY BONDS. The district may not collect an assessment to be used
  for the payment of bonds until:
               (1)  the completion of at least 95 percent of the
  underground water, wastewater, and drainage facilities financed
  from bond proceeds that are necessary to serve the projected
  build-out, as certified by the district's engineer;
               (2)  the district or other appropriate party has
  secured the groundwater, surface water, and water discharge permits
  that are necessary to secure capacity to support the projected
  build-out;
               (3)  the completion of at least 95 percent of lift
  station, water plant, and sewage treatment plant capacity
  sufficient to serve the connections constructed in the project for
  a period of not less than 18 months, as certified by the district's
  engineer; and
               (4)  the completion of at least 95 percent of the
  streets and roads that are necessary to provide access to the areas
  served by utilities and financed by the proceeds of bonds issued by
  the district, as certified by the district's engineer and
  constructed in accordance with municipal or county standards.
         SECTION 2.  The Celina Municipal Management District No. 2
  initially includes all the territory contained in the following
  area:
  BEING a tract of land situated in the William H. Herron Survey,
  Abstract No. 380, the Daniel Howell Survey, Abstract No. 394, Mary
  Howell Survey, Abstract No. 396 Benjamin Haile Survey, Abstract No.
  397, Martha Herron Survey, Abstract No. 415, George Jay Survey,
  Abstract No. 488 and the Isaac Walker Survey, Abstract No. 1056,
  City of Celina, Collin County, Texas, and being all of a called
  450.71-acre tract of land, conveyed to Central Frisco, Ltd., as
  evidenced in a Special Warranty Deed, recorded in Instrument No.
  2008030600026870 of the Official Public Records of Collin County,
  Texas, all of a called “Tract A” (43.777 acres) and a called “Tract
  B” (2.500 acres), conveyed to Eland Energy, Inc., as evidenced in a
  Special Warranty Deed, recorded in Instrument No.
  20150722000903310 of the Official Public Records of Collin County,
  Texas, all of a called 272.545-acre tract of land, conveyed to Eland
  Energy, Inc., as evidenced in a Special Warranty Deed, recorded in
  Instrument No. 20150722000903300 of the Official Public Records of
  Collin County, Texas, all of a called 154.059-acre tract of land,
  conveyed to Central Frisco, Ltd., as evidenced in a Special
  Warranty Deed, recorded in Instrument No. 20070725001023610 of the
  Official Public Records of Collin County, Texas, all of a called “
  Tract One” (78.613 acres), a called “Tract Two” (66.676 acres), a
  called “Tract Three” (59.916 acres), a called “Tract Four” (0.937
  acre), and a called “Tract Five” (18.748 acres), conveyed to Eland
  Energy, Inc., as evidenced in a General Warranty Deed, recorded in
  Instrument No. 20141002001081250 of the Official Public Records of
  Collin County, Texas, all of a called 6.000-acre tract of land,
  conveyed to Central Frisco, Ltd., as evidenced in a General
  Warranty Deed, recorded in Instrument No. 20110831000926240 of the
  Official Public Records of Collin County, Texas, all of a called
  62.434-acre tract of land, conveyed to Eland Energy, Inc., as
  evidenced in a General Warranty Deed, recorded in Instrument No.
  20141002001081260 of the Official Public Records of Collin County,
  Texas, and all of a called 167.027-acre tract of land, conveyed to
  Eland Energy, Inc., as evidenced in a General Warranty Deed,
  recorded in Instrument No. 20141002001081290 of the Official Public
  Records of Collin County, Texas, all of a called 30-feet wide street
  easement located along the westerly side of said “Tract One”,
  conveyed to County, of Collin, Texas, recorded in County Clerk’s
  File No. 96-0067344 of the Land Records of Collin County, Texas, all
  of a called 30-feet wide street easement located along the westerly
  side of said “Tract Five”, conveyed to County, of Collin, Texas,
  recorded in County Clerk’s File No. 96-0067345 of the Land Records
  of Collin County, Texas, the portion of F. M. 455 (a called 90-feet
  wide right of way) situated between said “Tract One”, “Tract Two”,
  Tract Three” and “Tract Four”, the portion of said F. M. 455 along
  the southerly line of said 167.027-acre tract and the westerly
  portion of said F. M. 455 along the easterly line of said
  167.027-acre tract, and being more particularly described by metes
  and bounds as follows:
  BEGINNING at the westernmost, northwest corner of said 450.71-acre
  Central Frisco, Ltd., tract, same being the southwest corner of a
  called 50.487-acre tract of land, conveyed to Preston Acreage, L.P. &
  Spartan Texas Six-Celina, Ltd., as evidenced in a General
  Warranty Deed, recorded in Volume 5239, Page 1060 of the Land
  Records of Collin County, Texas, same also being on the easterly
  right of way line of State Highway 289 (Preston Road);
  THENCE South 89°58’20” East, departing the easterly right of way
  line of said State Highway 289 (Preston Road), along a northerly
  line of said 450.71-acre tract and the southerly line of said
  50.487-acre tract, a distance of 985.28 feet to the southeast
  corner of said 50.487-acre tract;
  THENCE North 00°33’31” East, along a westerly line of said
  450.71-acre tract and the easterly line of said 50.487-acre tract,
  a distance of 2607.81 feet to the northeast corner of said
  50.487-acre tract and the northernmost, northwest corner of said
  450.71-acre tract, same being in County Road No. 100, a public use
  right of way, no record found, same also being on the southerly line
  of a called 33.356-acre tract of land, conveyed to CR 100
  Thirty-Three Partners, LP, as evidenced in a Special Warranty Deed,
  recorded in Instrument No. 20150224000195720 of the Official Public
  Records of Collin County, Texas;
  THENCE North 88°52’34” East, along the northerly line of said
  450.71-acre tract, the southerly line of said 33.356-acre tract and
  generally along said County Road No. 100, a distance of 1066.91 feet
  to the southeast corner of said 33.356-acre tract;
  THENCE North 88°40’20” East, continuing along the northerly line of
  said 450.71-acre tract, the southerly line of a called 93.277-acre
  tract of land, conveyed to Bellaire Partners, L.L.C., as evidenced
  in a Special Warranty Deed, recorded in Instrument No.
  20160222000196050 of the Official Public Records of Collin County,
  Texas, and continuing along said County Road No. 100, a distance of
  1587.35 feet to the northeast corner of said 450.71-acre tract, and
  the southeast corner of said 93.277-acre tract, same being the
  intersection of said County Road No. 100 with County Road No. 97, a
  public use right of way, no record found;
  THENCE South 00°26’10” West, Along the easterly line of said
  450.71-acre tract, the westerly line of Sharrock Addition, an
  addition to the City of Celina, Texas, according to the Final Plat,
  recorded in Volume 2016, Page 80 of the Plat Records of Collin
  County, Texas, and the westerly line of a called 15.00-acre tract of
  land, conveyed to Carolyn A. Tipton and Joel C. Molinar, as
  evidenced in a deed recorded in Volume 4698, Page 2781 of the Land
  Records of Collin County, Texas, and generally along said County
  Road No. 97, a distance of 780.68 feet to the northwest corner of a
  called 40.11-acre tract of land, conveyed to N. E. Coit & CR 101,
  LP, as evidenced in a General Warranty Deed, recorded in Instrument
  No. 20081014001224170 of the Official Public Records of Collin
  County, Texas;
  THENCE South 00°04’54” West, continuing along the easterly line of
  said 450.71-acre tract, along the westerly line of said 40.11-acre
  tract and continuing along said County Road No. 97, a distance of
  1861.34 feet to the southwest corner of said 40.11-acre tract, same
  being the northwest corner of aforesaid “Tract A” (43.777 acres)
  Eland Energy, Inc., tract, same being the intersection of said
  County Road No. 97 with County Road No. 101, a public use right of
  way, no record found;
  THENCE North 89°35’03” East, departing the easterly line of said
  450.71-acre tract, along the northerly line of said “Tract A”, the
  southerly line of said 40.11-acre tract, and generally along said
  County Road No. 101, a distance of 402.01 feet to a corner;
  THENCE North 89°36’37” East, continuing along the northerly line of
  said “Tract A”, the southerly line of said 40.11-acre tract and said
  County Road No. 101, a distance of 401.65 feet to the northernmost,
  northeast corner of said “Tract A”, same being the northwest corner
  of a called 7.498-acre tract of land, conveyed to Tom Harper, as
  evidenced in a General Warranty Deed, recorded in County Clerk’s
  File No. 93-0036670 of the Land Records of Collin County, Texas;
  THENCE South 00°07’56” East, departing said County Road No. 101,
  along the easterly line of said “Tract A” and the westerly line of
  said 7.498-acre tract, a distance of 541.77 feet to the southwest
  corner of said 7.498-acre tract;
  THENCE North 89°38’16” East, along a northerly line of said “Tract
  A” and the southerly line of said 7.498-acre tract, a distance of
  630.23 feet to the easternmost, northeast corner of said “Tract A”
  and the southeast corner of said 7.498-acre tract, same being on a
  westerly line of aforesaid 272.545-acre, Eland Energy, Inc., tract;
  THENCE North 00°01’23” West, along an easterly line of said
  7.498-acre tract and the westerly line of said 272.545-acre tract,
  a distance of 116.61 feet to a corner on the southerly line of a
  called 2.661-acre tract of land, conveyed to Collin County, Texas,
  as evidenced in a General Warranty Deed, recorded in Volume 5309,
  Page 7316 of the Land Records of Collin County, Texas;
  THENCE South 60°05’11” East, continuing along the westerly line of
  said 272.545-acre tract and along the southerly line of said
  2.661-acre tract, a distance of 230.59 feet to a corner;
  THENCE North 88°50’05” East, continuing along the westerly line of
  said 272.545-acre tract and along the southerly line of said
  2.661-acre tract, a distance of 10.17 feet to the southeast corner
  of said 2.661-acre tract;
  THENCE North 00°20’59” West, continuing along the westerly line of
  said 272.545-acre tract and along the easterly line of said
  2.661-acre tract, a distance of 539.73 feet to the northwest corner
  of said 272.545-acre tract and the northeasterly corner of said
  2.661-acre tract, same being on the occupied southerly line of
  aforesaid County Road No. 101;
  THENCE North 89°30’33” East, along the northerly line of said
  272.545-acre tract and along the southerly line of said County Road
  No. 101, a distance of 1020.62 feet to the northeast corner of said
  242.545-acre tract, same being on the westerly line of called
  Tracts 1, 2, and 3, conveyed to Joe E. Stalling and wife, Janice K.
  Stalling, as evidenced in a General Warranty Deed with Vendor’s
  Lien, recorded in County Clerk’s File No. 93-0075959 of the Land
  Records of Collin County, Texas;
  THENCE South 00°31’02” East, along the easterly line of said
  242.545-acre tract, the westerly line of said Tracts 1, 2, and 3,
  the westerly line of a called 9.943-acre tract of land conveyed to
  Daniel DW Simons and Misty Simons, as evidenced in a General
  Warranty Deed, recorded in Instrument No. 20070816001143760 of the
  Official Public Records of Collin County, Texas, the westerly line
  of Tract 1 and Tract 2, conveyed to Michael M. Patterson and Charles
  Dawson, as evidenced in a General Warranty Deed, recorded in
  Instrument No. 20060630000904460 of the Official Public Records of
  Collin County, Texas, the westerly line of a called 10.692-acre
  tract of land, conveyed to John D. Dove, as evidenced in a General
  Warranty Deed, recorded in Volume 3981, Page 359 of the Land Records
  of Collin County, Texas, and generally along the centerline of said
  County Road No. 101, a distance of 1945.32 feet to the northwest
  corner of aforesaid 154.059-acre Central Frisco, Ltd., tract and
  the southwest corner of said 10.692-acre tract, same being the
  intersection of said County Road No. 101 with County Road No. 130, a
  public use right of way, no record found;
  THENCE North 89°37’24” East, along the northerly line of said
  154.059-acre tract, the southerly line of said 10.692-acre tract,
  and generally along said County Road No. 130, a distance of 776.70
  feet to a corner;
  THENCE North 89°39’58” East, continuing along the northerly line of
  said 154.059-acre tract and the northerly line of aforesaid “Tract
  B”, Eland Energy, Inc., tract and continuing generally along said
  County Road No. 130, a distance of 1861.15 feet to the northeast
  corner of said 154.059-acre tract, same being the northwest corner
  of aforesaid 62.434-acre Eland Energy, Inc., tract;
  THENCE North 89°30’30” East, along the northerly line of said
  62.434-acre tract and continuing generally along said County Road
  No. 130, a distance of 1909.83 feet to the northernmost, northeast
  corner of said 62.434-acre tract, same being the northwest corner
  of a tract of land, conveyed to Porfirio Paulino and wife, Ojilvoa
  Paulino, as evidenced in a General Warranty Deed, recorded in
  Volume 5674, Page 3250 of the Land Records of Collin County, Texas;
  THENCE South 00°29’02” East, departing said County Road No. 130,
  along an easterly line of said 62.434-acre tract, the westerly line
  of said Paulino tract and the westerly line of a tract of land,
  conveyed to John C. Kiesling and wife, Rhonda Kiesling, as
  evidenced in a Warranty Deed, recorded in Volume 4147, Page 717 of
  the Land Records of Collin County, Texas, a distance of 714.20 feet
  to the southwest corner of said Kiesling tract;
  THENCE North 89°33’17” East, along the southernmost, northerly line
  of said 62.434-acre tract and the southerly line of said Kiesling
  tract, a distance of 728.71 feet to the easternmost, northeast
  corner of said 62.434-acre tract, same being in County Road No. 128,
  a public use right of way, no record found;
  THENCE South 02°01’47” East, along the easterly line of said
  62.434-acre tract and along said County Road No. 128, a distance of
  46.49 feet to a corner;
  THENCE South 01°52’14” East, continuing along the easterly line of
  said 62.434-acre tract and said County Road No. 128, a distance of
  563.63 feet to the southeast corner of said 62.434-acre tract;
  THENCE South 89°21’14” West, along the southerly line of said
  62.434-acre tract, a distance of 32.93 feet to the northeast corner
  of aforesaid 167.027-acre Eland Energy, In., tract;
  THENCE South 00°30’22” East, along the easterly line of said
  167.027-acre tract and generally along said County Road No. 128, a
  distance of 2101.08 feet to an inner ell corner of said 167.027-acre
  tract, same being the southwest corner of Highpoint Estates, an
  addition to the City of Celina, Texas, according to the Final Plat,
  recorded in Volume M, Page 116 of the Plat Records of Collin County,
  Texas;
  THENCE North 89°26’58” East, along a northerly line of said
  167.027-acre tract, the southerly line of said Highpoint Estates
  and continuing along said County Road No. 128, a distance of 333.00
  feet to the easternmost, northeast corner of said 167.027-acre
  tract;
  THENCE South 00°23’39” East, along the easterly line of said
  167.027-acre tract, for part of the way, passing the westerly right
  of way line of F. M. 455, a 90-feet wide right of way, continuing
  along the extension of the easterly line of said 167.027-acre tract
  and within said F. M 455, passing the easterly right of way line of
  said F. M. 455, a total distance of 1243.28 feet to the northeast
  corner of a called 69.149-acre tract of land, conveyed to David Lair
  and wife, June Lair, as evidenced in a deed, recorded in Volume 816,
  Page 559 of the Land Records of Collin County, Texas;
  THENCE in a westerly direction, along the northerly line of said
  69.149-acre tract and the southerly right of way line of said F. M.
  455, the following:
         South 88°31’26” West, a distance of 133.55 feet to a corner;
         South 66°55’26” West, a distance of 88.60 feet to a corner;
         South 81°35’26” West, a distance of 106.10 feet to a corner;
         South 88°31’26” West, a distance of 1210.70 feet to a corner;
         South 88°37’26” West, a distance of 210.30 feet to the
  northwest corner of said 69.149-acre tract, same being the
  northeast corner of a called 10.00-acre tract of land, conveyed to
  Terry M. Collins and spouse, Diana Collins, as evidenced in a
  General Warranty Deed, recorded in Instrument No.
  20150205000127830 of the Official Public Records of Collin County,
  Texas;
  THENCE South 88°33’08” West, continuing along the southerly right
  of way line of said F. M. 455 and along the northerly line of said
  10.00-acre tract, a distance of 371.93 feet to the northwest corner
  of said 10.00-acre tract, same being the northeast corner of a
  called 5.00-acre tract of land, conveyed to Michael S. Armstrong
  and spouse, Melissa B. Armstrong, as evidenced in a General
  Warranty Deed, recorded in Instrument No. 20131018001435890 of the
  Official Public Records of Collin County, Texas;
  THENCE South 88°55’54” West, continuing along the southerly right
  of way line of said F. M. 455 and along the northerly line of said
  5.00-acre tract, a distance of 319.79 feet to the northwest corner
  of said 5.00-acre tract, same the northeast corner of a called
  20.058-acre tract of land, conveyed to Larry N. Lehman and Robbie C.
  Lehman, as evidenced in a General Warranty Deed, recorded in
  Instrument No. 20150608000673760 of the Official Public Records of
  Collin County, Texas;
  THENCE South 88°55’57” West, continuing along the southerly right
  of way line of said F. M. 455 and along the northerly line of said
  20.058-acre tract for part of the way, crossing said F. M. 455 along
  the extension of the northerly line of said 20.058-acre tract, a
  distance of 427.32 feet to a corner on the curving westerly right of
  way line of said F. M. 455, same being on the curving easterly line
  of aforesaid “Tract Two”, Eland Energy, Inc., tract, said curve
  being a non-tangent curve to the left;
  THENCE in a southerly direction, along the westerly right of way
  line of said F. M. 455, the easterly line of said “Tract Two” and
  along the arc of said curve to the left, through a central angle of
  20°27’26”, having a radius of 363.31 feet, a chord bearing of South
  36°07’57” West, a chord distance of 129.03 feet and an arc length of
  129.72 feet to the end of said curve;
  THENCE South 00°15’57” East, departing the easterly line of said “
  Tract Two”, the westerly right of way line of said F. M. 455,
  crossing said F. M. 455, passing the southerly right of way line of
  said F. M. 455 and the northeast corner of aforesaid “Tract Three”,
  Eland Energy, tract, continuing along the easterly line of said “
  Tract Three”, a distance of 1443.40 feet to the southeast corner of
  said “Tract Three”, same being the northeast corner of a called
  85.04-acre tract of land, conveyed to Jane Willard, as evidenced in
  a General Warranty Deed, recorded in County Clerk’s File No.
  96-0039930 of the Land Records of Collin County, Texas;
  THENCE South 89°51’15” West, along the southerly line of said “Tract
  Three” and the northerly line of said 85.04-acre tract, a distance
  of 2639.07 feet to the southwest corner of said “Tract Three”, same
  being on the easterly line of a called “First Tract”, conveyed to
  Jane Willard, as evidenced in a Warranty Deed, recorded in Volume
  3368, Page 434 of the Land Records of Collin County, Texas, same
  also being in County Road No. 98, a public use right of way, no
  record found;
  THENCE North 00°04’01” West, along the westerly line of said “Tract
  Three”, the easterly line of said “First Tract” for part of the way
  and along said County Road No. 98, a distance of 405.05 feet to a
  corner on the easterly right of way line of aforesaid F. M. 455;
  THENCE North 03°46’21” West, departing the easterly right of way
  line of said F. M. 455 and crossing said F. M. 455, a distance of
  408.54 feet to a corner on the westerly right of way line of said F.
  M. 455, same being on the easterly line of a called “Second Tract”,
  conveyed to Jane Willard, as evidenced in aforesaid Warranty Deed,
  recorded in Volume 3368, Page 434, same also being aforesaid County
  Road No. 101;
  THENCE North 00°03’05” West, departing the westerly right of way
  line of said F. M. 455, along the easterly line of said “Second
  Tract”, the easterly line of a called 66.68-acre tract, conveyed to
  Jane C. Willard, as evidenced in a Special Warranty Deed, recorded
  in County Clerk’s File No. 93-0007503 of the Land Records of Collin
  County, Texas, the westerly line of aforesaid 30’ Street Easement
  to Collin County, Texas, recorded in County Clerk’s File No.
  96-0067344, and generally along said County Road No. 101, a
  distance of 1520.01 feet to the northwest corner of said street
  easement, same being the southwest corner of aforesaid 30’ Street
  Easement to Collin County, Texas, recorded in County Clerk’s File
  No. 96-0067345;
  THENCE North 00°27’17” West, continuing along the easterly line of
  said 66.68-acre tract, the easterly line of a called 5.000-acre
  tract of land, conveyed to Brian Wayne Boyd, as evidenced in a
  General Warranty Deed, recorded in Instrument No.
  20140205000108240, the easterly line of a called 5.000-acre tract
  of land, conveyed to Brian Wayne Boyd, as evidenced in a General
  Warranty Deed, recorded in Instrument No. 20140428000404190, both
  of the Official Public Records of Collin County, Texas, along the
  westerly line of said 30’ Street Easement, recorded in County
  Clerk’s File No. 96-0067345, and generally along said County Road
  No. 101, a distance of 570.00 feet to the southeast corner of
  aforesaid 272.545-acre, Eland Energy, Inc., tract;
  THENCE North 89°53’04” West, departing said County Road No. 101,
  along the northerly line of said 5.000-acre Brian Wayne Boyd tract,
  recorded in Instrument No. 20140428000404190, the northerly line of
  aforesaid 66.68-acre, Jane C. Willard tract and the southerly line
  of said 272.545-acre tract, a distance of 2669.41 feet to the
  southwest corner of said 272.545-acre tract, same being the
  southeast corner of aforesaid 450.71-acre, Central Frisco, Ltd.,
  tract;
  THENCE North 89°54’14” West, along the southerly line of said
  450.71-acre tract, the north line of Heritage Phase 3, an addition
  to the City of Celina, Texas, according to the Final Plat, recorded
  in Volume 2014, Page 66 of the Plat Records of Collin County, Texas
  and the northerly line of Heritage Phase 2, an addition to the City
  of Celina, Texas, according to the Final Plat, recorded in Volume P,
  Page 632 of the Plat Records of Collin County, Texas, a distance of
  2005.13 feet to the southwest corner of said 450.71-acre tract,
  same being the southeast corner of Morgan Lakes Estates Phase One,
  an addition to the City of Celina, Texas, according to the Final
  Plat, recorded in Volume I, Page 591 of the Plat Records of Collin
  County, Texas;
  THENCE in a northerly direction, along the westerly line of said
  450.71-acre tract and the easterly line of said Morgan Lakes
  Estates Phase One, the following:
         North 00°03’12” East, a distance of 461.22 feet to a corner;
         North 07°08’40” East, a distance of 60.21 feet to the point of
  curvature of a non-tangent curve to the left;
         Along the arc of said curve to the left, through a central
  angle of 06°21’24”, having a radius of 270.00 feet, a chord bearing
  of South 86°04’27” East, a chord distance of 29.94 feet and an arc
  length of 29.96 feet to the end of said curve;
         South 89°02’33” East, a distance of 222.34 feet to a corner;
         North 01°00’05” East, a distance of 107.20 feet to a corner;
         North 51°42’33” East, a distance of 398.05 feet to a corner;
         North 49°38’51” East, a distance of 210.56 feet to a corner;
         North 36°54’05” West, a distance of 462.25 feet to a corner;
         North 15°17’56” West, a distance of 60.26 feet to the point of
  curvature of a non-tangent curve to the right;
         Along the arc of said curve to the right, through a central
  angle of 07°25’01”, having a radius of 530.00 feet, a chord bearing
  of North 78°46’38” East, a chord distance of 68.56 feet and an arc
  length of 68.61 feet to the end of said curve;
         North 82°26’45” East, a distance of 62.14 feet to a corner;
         North 38°02’48” West, a distance of 615.74 feet to a corner;
         North 25°29’50” West, a distance of 423.56 feet to a corner;
         North 11°11’38” East, a distance of 219.89 feet to a corner;
         North 49°12’28” West, a distance of 934.00 feet to a corner;
         North 45°38’34” West, a distance of 346.17 feet to a corner;
         North 84°06’21” West, a distance of 374.78 feet to the
  northwest corner of said Morgan Lakes Estates Phase One, same being
  the westernmost, southwest corner of said 450.71-acre tract, same
  being on the easterly line of a called 15.071-acre tract of land,
  conveyed to SMR Family LP, as evidenced in a General Warranty Deed,
  recorded in Instrument No. 20090526000637370 of the Official Public
  Records of Collin County, Texas;
  THENCE North 01°51’32” East, continuing along the westerly line of
  said 450.71-acre tract and the easterly line of said 15.071-acre
  tract, a distance of 132.73 feet to the northeast corner of said
  15.071-acre tract, same being the southeast corner of a called
  16.369-acre tract of land, conveyed to Pyramid Drywall, Inc., as
  evidenced in a General Warranty Deed, recorded in Instrument No.
  20160721000935850 of the Official Public Records of Collin County,
  Texas;
  THENCE North 00°50’57” West, East, continuing along the westerly
  line of said 450.71-acre tract and the easterly line of said
  16.369-acre tract, a distance of 1184.08 feet to the easternmost,
  northeast corner of said 16.36—acre tract;
  THENCE North 87°07’46” West, continuing along the westerly line of
  said 450.71-acre tract and the easterly line of said 16.369-acre
  tract, a distance of 50.86 feet to a corner;
  THENCE North 00°51’58” West, continuing along the westerly line of
  said 450.71-acre tract, the easterly line of said 16.369-acre tract
  and the easterly line of the remainder of a tract of land, conveyed
  to Marvin T. Wilson and wife, Renetta T. Wilson, as evidenced in a
  Warranty Deed, recorded in County Clerk’s File No. 92-0004376 of
  the Land Records of Collin County, Texas, a distance of 489.53 feet
  to the northeast corner of said Wilson tract;
  THENCE South 89°48’22” West, continuing along the westerly line of
  said 450.71-acre tract and along the northerly line of said Wilson
  tract, a distance of 341.96 feet to the northwest corner of said
  Wilson tract, same being on the easterly right of way line of
  aforesaid State Highway 289 (Preston Road);
  THENCE North 00°16’22” East, continuing along the westerly line of
  said 450.71-acre tract and along the easterly right of way line of
  said State Highway 289 (Preston Road), a distance of 51.94 feet to
  the POINT OF BEGINNING and containing 1,432.8 gross acres of land,
  more or less, SAVE AND EXCEPT the following two tracts of land:
  TRACT 1:
  BEING a tract of land situated in the Benjamin Haile Survey,
  Abstract No. 397, City of Celina, Collin County, Texas, and being
  the remaining portion of a called 160.42-acre tract of land,
  conveyed to Kirk’s Rockin K Ranch & Land Company, Inc., as evidenced
  in a Special Warranty Deed, recorded in Volume 4139, Page 3116 of
  the Land Records of Collin County, Texas, and being more
  particularly described by metes and bounds as follows:
  BEGINNING at the southwest corner of said 160.42-acre tract, and
  the northwest corner of a 30’ Street Easement to Collin County,
  Texas, recorded in County Clerk’s File No. 96-0067345 of the Land
  Records of Collin County, Texas, same being on the easterly line of
  a called 272.545-acre tract of land, conveyed to Eland Energy,
  Inc., as evidenced in a Special Warranty Deed, recorded in
  Instrument No. 20150722000903300 of the Official Public Records of
  Collin County, Texas, same also being in County Road No. 101, a
  public use right of way, no record found;
  THENCE North 00°31’00” West, along the westerly line of said
  160.42-acre tract, the easterly line of said 272.545-acre tract and
  along said County Road No. 101, a distance of 417.42 feet to the
  westernmost, southwest corner of a called 154.059-acre tract of
  land, conveyed to Central Frisco, Ltd., as evidenced in a Special
  Warranty Deed, recorded in Instrument No. 20070725001023610 of the
  Official Public Records of Collin County, Texas;
  THENCE North 89°58’09” East, departing the westerly line of said
  160.42-acre tract, the easterly line of said 272.545-acre tract,
  said County Road No. 101 and along a southerly line of said
  154.059-acre tract, a distance of 417.42 feet to a corner;
  THENCE South 00°31’02” East, along a westerly line of said
  154.059-acre tract, a distance of 417.42 feet to the southernmost,
  southwest corner of said 154.059-acre tract, same being on the
  southerly line of said 160.42-acre tract, same also being on the
  northerly line of a called “Tract Five” (18.748 acres), conveyed to
  Eland Energy, Inc., as evidenced in a General Warranty Deed,
  recorded in Instrument No. 20141002001081250 of the Official Public
  Records of Collin County, Texas;
  THENCE South 89°58’09” West, along the southerly line of said
  160.42-acre tract, the northerly line of said “Tract Five” and the
  northerly line of aforesaid 30’ wide Street Easement, a distance of
  417.43 feet to the POINT OF BEGINNING and containing 4.0 acres of
  land, more or less.
  TRACT 2:
  BEING a tract of land, situated in the Mary Howell Survey, Abstract
  No. 396 and the Benjamin Haile Survey, Abstract No. 397 and being
  all of a called 26.620-acre tract of land, conveyed to John O. Rea
  and wife, Patricia O. Rea, as evidenced in a General Warranty Deed,
  recorded in County Clerk’s File No. 92-0067367 and all of a called
  5.000-acre tract of land, conveyed to John W. Rea and spouse,
  Patricia O. Rea, as evidenced in a General Warranty Deed, recorded
  in County Clerk’s File No. 92-0067368, both of the Land Records of
  Collin County, Texas, and being more particularly described by
  metes and bounds as follows;
  BEGINNING at the northeast corner of said 26.620-acre tract, same
  being the northernmost, northwest corner of a called 167.027-acre
  tract of land, conveyed to Eland Energy, Inc., as evidenced in a
  General Warranty Deed, recorded in Instrument No.
  20141002001081290 of the Official Public Records of Collin County,
  Texas, same also being on the southerly line of a called 62.434-acre
  tract of land, conveyed to Eland Energy, Inc., as evidenced in a
  General Warranty Deed, recorded in Instrument
  No. 20141002001081260 of the Official Public Records of Collin
  County, Texas;
  THENCE in a southerly direction, departing the southerly line of
  said 62.434-acre tract, along the easterly line of said 26.620-acre
  tract and the westerly line of said 167.027-acre tract, the
  following:
         South 01°29’15” East, a distance of 1335.38 feet to a corner;
         North 89°49’39” West, a distance of 508.88 feet to a corner;
         South 38°07’37” West, a distance of 430.66 feet to the
  southeast corner of said 26.620-acre tract;
  THENCE South 89°52’35” West, continuing along the westerly line of
  said 167.027-acre tract and along the southernmost line of said
  26.620-acre tract, a distance of 297.86 feet to the southwest
  corner of said 26.620-acre tract, same being on the easterly line of
  a “Tract Two” (66.676 acres), conveyed to Eland Energy, Inc., as
  evidenced in said General Warranty Deed, recorded in Instrument No.
  20141002001081250;
  THENCE in a northerly direction, along the westerly line of said
  26.620-acre tract and the easterly line of said “Tract Two”, the
  following:
         North 00°59’41” West, a distance of 263.88 feet to a corner;
         South 63°10’27” East, a distance of 93.04 feet to a corner;
         North 33°29’47” East, a distance of 96.33 feet to a corner;
         North 55°28’52” East, a distance of 144.33 feet to a corner;
         North 32°30’37” West, a distance of 235.17 feet to a corner;
         North 16°40’31” East, a distance of 139.05 feet to a corner;
         North 62°31’57” East, a distance of 233.49 feet to a corner;
         North 23°42’01” East, a distance of 277.45 feet to a corner;
         North 12°49’11” West, a distance of 66.79 feet to the
  northeast corner of said “Tract Two”;
  THENCE in a westerly direction, along the northerly line of said “
  Tract Two”, a southerly line of said 26.620-acre tract and along
  the southerly line of aforesaid 5.000-acre tract, the following:
         North 84°55’21” West, a distance of 167.79 feet to the south
  common corner of said 26.620-acre tract and said 5.000-acre tract;
         North 84°55’21” West, a distance of 31.54 feet to a corner;
         South 27°54’16” West, a distance of 108.75 feet to a corner;
         North 47°35’32” West, a distance of 127.34 feet to a corner;
         South 22°02’46” West, a distance of 111.09 feet to a corner;
         North 51°01’12” West, a distance of 184.77 feet to a corner;
         South 66°56’55” West, a distance of 73.70 feet to the
  southwest corner of said 5.000-acre tract and the northernmost,
  northwest corner of said “Tract Two”, same being on the easterly
  line of a called 154.059-acre tract of land, conveyed to Central
  Frisco, Ltd., as evidenced in a Special Warranty Deed, recorded in
  Instrument No. 20070725001023610 of the Official Public Records of
  Collin County, Texas;
  THENCE North 00°21’55” West, along the westerly line of said
  5.000-acre tract, the westerly line of said 26.620-acre tract and
  the easterly line of said 154.059-acre tract, a distance of 525.45
  feet to the northwest corner of said 26.620-acre tract, same being
  the southwest corner of a called 6.000-acre tract of land, conveyed
  to Central Frisco, Ltd., as evidenced in a General Warranty Deed,
  recorded in Instrument No. 20110831000926240 of the Official Public
  Records of Collin County, Texas;
  THENCE North 89°21’14” East, departing the easterly line of said
  154.059-acre tract, along the northerly line of said 26.620-acre
  tract, the southerly line of said 6.000-acre tract and the
  southerly line of aforesaid 62.434-acre tract, a distance of
  1170.10 feet to the POINT OF BEGINNING and containing 31.6 acres of
  land, more or less.
  LEAVING a net area of 1,397.2 acres of land, more or less.
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor,
  lieutenant governor, and speaker of the house of representatives
  within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act have been
  fulfilled and accomplished.
         SECTION 4.  (a)  Section 3798.107, Special District Local
  Laws Code, as added by Section 1 of this Act, takes effect only if
  this Act receives a two-thirds vote of all the members elected to
  each house.
         (b)  If this Act does not receive a two-thirds vote of all the
  members elected to each house, Subchapter C, Chapter 3798, Special
  District Local Laws Code, as added by Section 1 of this Act, is
  amended by adding Section 3798.107 to read as follows:
         Sec. 3798.107.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (c)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  This Act takes effect September 1, 2017.