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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 Van Alstyne Municipal Utility |
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District No. 2 of Collin County; granting a limited power of eminent |
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domain; providing authority to issue bonds; providing authority to |
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impose assessments, fees, and taxes. |
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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 8048 to read as follows: |
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CHAPTER 8048. VAN ALSTYNE MUNICIPAL UTILITY DISTRICT NO. 2 OF |
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COLLIN COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8048.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Van Alstyne Municipal Utility |
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District No. 2 of Collin County. |
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Sec. 8048.0102. 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. 8048.0103. CONFIRMATION AND DIRECTOR 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. 8048.0104. CONDITIONS PRECEDENT TO CONFIRMATION |
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ELECTION. (a) The temporary directors may not hold an election |
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under Section 8048.0103 until: |
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(1) each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district; and |
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(2) the district has entered into a contract with a |
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municipality, Collin County, or another entity: |
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(A) for adequate supplemental police, fire, |
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emergency, and animal control services for the district; and |
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(B) that is approved by the Commissioners Court |
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of Collin County under Subsection (c). |
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(b) A contract under Subsection (a) may include a provision |
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that the contract takes effect only on the approval of the |
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Commissioners Court of Collin County and the voters in the district |
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voting in an election held for that purpose. |
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(c) The Commissioners Court of Collin County shall review a |
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contract under Subsection (a) and evaluate the supplemental police, |
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fire, emergency, and animal control services provided in the |
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contract. If the commissioners court determines that the contract |
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provides adequate services, the commissioners court shall adopt a |
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resolution stating that the contract has met the requirements of |
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Subsection (a). |
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Sec. 8048.0105. 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. 8048.0106. 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 enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting 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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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8048.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 8048.0202, directors |
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serve staggered four-year terms. |
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Sec. 8048.0202. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2019, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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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 8048.0103; or |
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(2) September 1, 2023. |
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(c) If permanent directors have not been elected under |
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Section 8048.0103 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 8048.0103; 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 commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8048.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8048.0302. 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. 8048.0303. 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. 8048.0304. 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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(d) The district shall maintain all roads that the district |
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constructs except for roads constructed by the district that |
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another governmental entity agrees to maintain. |
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Sec. 8048.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 8048.0306. DIVISION OF DISTRICT. (a) The district |
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may be divided into two or more new districts only if: |
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(1) the district has no outstanding bonded debt; |
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(2) the district is not imposing ad valorem taxes; and |
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(3) the City of Van Alstyne by ordinance or resolution |
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has consented to the division of the district. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8048.0103 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8048.0103. If the voters of a new district do not confirm |
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the creation of the new district, the assets, obligations, |
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territory, and governance of the new district revert to the |
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original district. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8048.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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Sec. 8048.0307. LIMITATION ON ANNEXATION. The district may |
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not annex territory outside the area described by Section 2 of the |
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Act enacting this chapter unless the City of Van Alstyne by |
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ordinance or resolution has consented to the annexation. |
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Sec. 8048.0308. ANIMAL CONTROL ORDINANCE. The district may |
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adopt an animal control ordinance and enforce the ordinance inside |
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the district. |
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Sec. 8048.0309. LIMITATION ON USE OF EMINENT DOMAIN. |
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(a) The district may not exercise the power of eminent domain |
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outside the district to acquire a site or easement for: |
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(1) a road project authorized by Section 8048.0303; 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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(b) The district may not exercise the power of eminent |
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domain in the corporate limits of the City of Van Alstyne unless the |
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city by ordinance or resolution has consented to the exercise of |
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eminent domain authority. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8048.0401. 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 8048.0403. |
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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. 8048.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8048.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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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. 8048.0403. 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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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8048.0501. 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. 8048.0502. 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. 8048.0503. 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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SUBCHAPTER F. MUNICIPAL PERMITTING AUTHORITY IN DISTRICT |
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Sec. 8048.0601. MUNICIPAL AUTHORITY. (a) Notwithstanding |
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any other law, a municipality has exclusive authority in the |
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district to: |
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(1) issue building permits and certificates of |
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occupancy; |
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(2) enforce the municipality's building codes; |
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(3) enforce the municipality's health regulations |
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regarding food establishments, public swimming pools, and standing |
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water; and |
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(4) perform an inspection necessary to accomplish the |
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purposes of this subsection. |
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(b) A fee for a permit or certificate issued by a |
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municipality for use in the district may not exceed the fees charged |
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for the same permit or certificate issued for use in the corporate |
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limits of the municipality. |
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SECTION 2. The Van Alstyne County Municipal Utility |
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District No. 2 of Collin County initially includes all the |
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territory contained in the following area: |
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TRACT 1: 1,216.48 ACRES |
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SITUATED in the County of Collin, State of Texas, and being a |
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part of the David Arnspiger Survey, Abstract No. 15, the E. T. Berry |
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Survey, Abstract No. 41, the J. W. Curtis Survey, Abstract |
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No. 1077, the Jonas Whitaker Survey, Abstract No. 981, the W. P. |
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Burns Survey, Abstract No. 100, and the J. Batterton Survey, |
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Abstract No. 94, and being a part of the 1232.837 ac. tract of land |
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conveyed to Vincent Viola by W. Mark David by Special Warranty Deed |
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dated July 30, 2001 and recorded in Volume 4987, Page 726, Deed |
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Records, Collin County, Texas, and being all of the 64.749 ac. tract |
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of land (Tract 3) conveyed to Vincent J. Viola by Don S. Flesher by |
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Warranty Deed dated September 10, 2004 and recorded in Volume 5766, |
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Page 6210, said Collin County Deed Records and being all of the |
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133.814 ac. tract of land conveyed to Vincent J. Viola by Mary Jane |
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Kinsey by Warranty Deed with Vendor's Lien dated March 31, 2004 and |
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recorded in Volume 5642, Page 1395, said Collin County Deed |
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Records, and being all of the 377.45 ac. tract of land conveyed to |
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Vincent J. Viola by Thornton Farm Partnership, Ltd. by Special |
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Warranty Deed with Vendor's Lien dated September 22, 2005 and |
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recorded in Volume 6010, Page 3310, said Collin County Deed |
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Records, and being all of the 61.61 ac. tract of land conveyed to |
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Vincent J. Viola by Jack R. Shirley, Trustee of the Shirley Living |
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Trust by Warranty Deed with Vendor's Lien dated February 26, 2004 |
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and recorded in Volume 5616, Page 5706, said Collin County Deed |
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Records, and being more particularly described as one tract of land |
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by metes and bounds as follows, to-wit: |
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BEGINNING at a 1/2 inch rebar set at the Southwest corner of |
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said Viola 133.814 ac., at the Southeast comer of the 40 ac. tract |
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of land conveyed to James R. Thornton in Volume 724, Page 884, said |
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Collin County Deed Records; |
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THENCE North 00 deg. 10 min. 11 sec. East, with the West line |
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of said Viola 133.814 ac. and the East line of said Thornton 40 ac., |
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a distance of 2,705.48 ft. to a point in the South line of the 77.17 |
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ac. tract of land (Tract A) conveyed to MJW Partners, L. P. in |
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Volume 4458, Page 1303, said Collin County Deed Records, at the |
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Northwest comer of said Viola 133.814 ac., at the Northeast corner |
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of said Thornton 40 ac.; |
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THENCE North 88 deg. 39 min. 20 sec. East, with the South line |
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of said MJW Partners 77.17 ac. and the North line of said Viola |
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133.814 ac., a distance of 479.16 ft. to a point at the Southeast |
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corner of said MJW Partners 77.17 ac., at the most Southerly |
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Southwest comer of said 377.45 ac.; |
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THENCE North 00 deg. 31 min. 02 sec. East, with the West line |
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of said 377.45 ac. and the East line of said MJW Partners 77.17 ac., |
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a distance of 450.50 ft. to an angle point; |
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THENCE North 00 deg. 51 min. 11 sec. East, continuing with the |
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West line of said 377.45 ac. and the East line of said MJW Partners |
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77.17 ac., a distance of 856.69 ft. to an angle point; |
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THENCE North 00 deg. 38 min. 27 sec. East, continuing with the |
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West line of said 377.45 ac. and the East line of said MJW Partners |
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77.17 ac., a distance of 1,265.62 ft. to a point at the most |
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Easterly Northeast comer of said MJW Partners 77.17 ac.; |
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THENCE North 89 deg. 34 min. 48 sec. West, with a North line |
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of said MJW Partners 77.17 ac. and a South line of said 377.45 ac., a |
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distance of 78.26 ft. to a point for an Ell corner of said 377.45 |
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ac.; |
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THENCE North 00 deg. 49 min. 48 sec. West, with an East line |
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of said MJW Partners 77.17 ac. and a West line of said 377.45 ac., |
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passing a Northeast corner of said MJW Partners 77.17 ac. and the |
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Southeast comer of the 2.46 ac. tract of land (Tract B) conveyed to |
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MJW Partners, L.B. in said Volume 4458, Page 1303, and continuing |
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now with the East line of said MJW Partners 2.46 ac. for a total |
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distance of 264.00 ft. to a point at the Northeast comer of said MJW |
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Properties 2.46 ac.; |
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THENCE North 89 deg. 34 min. 48 sec. West, with the North line |
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of said MJW Partners 2.46 ac. and a South line of said 377.45 ac., a |
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distance of 424.33 ft. to a point at the most Westerly Southwest |
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corner of said 377.45 ac., at the Northwest corner of said MJW |
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Partners 2.46 ac.; |
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THENCE North 00 deg. 03 min. 15 sec. West, entering the |
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pavement of Collin County Road No, 222, passing the most Easterly |
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Southeast comer of the 12.5 ac. tract of land (First Tract) conveyed |
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to Julie Elizabeth Fifer Hilbun in Volume 4753, Page 394, said |
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Collin County Deed Records, being the intersection of the center of |
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said Collin County Road No. 222 with the center of Collin County |
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Road No. 291 and continuing now with the center of said Collin |
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County Road No. 291, passing the Northeast comer of said Hilbun |
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12.5 ac. and the most Easterly Southeast comer of the 89.74 ac. |
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tract of land conveyed to Lee Brock and Michael Adams in |
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Volume 4971, Page 3703, said Collin County Deed Records, a |
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Northeast corner of said Batterton Survey, the Southeast comer of |
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said Whitaker Survey, and continuing now with the East line of both |
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said Whitaker Survey and said Brock & Adams 89.74 ac. and the West |
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line of said Arnspiger Survey, passing the Northeast comer of said |
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Brock & Adams 89.74 ac. and the Southeast corner of the 113.35 ac. |
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tract of land conveyed to Claude T. Dowell and Betty M. Dowell in |
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Collin County Clerk File No. 96-0003539, and continuing now with |
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the East line of said Dowell 113.35 ac. for a total distance of |
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2,879.39 ft. to a PK nail at the Northwest corner of said 6.29 ac., |
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at the Southwest comer of the 5.00 ac. tract of land conveyed to |
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Wood Family Trust in Volume 3910, Page 772, said Grayson County |
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Official Public Records, at the most Westerly Northwest comer of |
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the herein described tract; |
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THENCE South 88 deg. 53 min. 10 sec. East, with the South line |
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of said Wood Family Trust 5.00 ac., a distance of 573.19 ft. to a |
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point at the Southeast comer of said Wood Family Trust 5.00 ac., at |
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an Ell comer of said 6.29 ac.; |
|
THENCE North 00 deg. 03 min. 10 sec. West, with the East line |
|
of said Wood Family Trust 5.00 ac., a distance of 126.09 ft. to a |
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point for corner on the common line of Collin County and Grayson |
|
County; |
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THENCE South 87°59'17" East, departing the East line of said |
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Wood Family Trust 5.00 ac., with the common line of said Collin |
|
County and Grayson County, a distance of 5,627.71 feet to a point in |
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the center of a creek; |
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THENCE South 06 deg. 38 min. 18 sec. West, departing the |
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common line of said Collin County and Grayson County, and with the |
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center of said creek, a distance of 259.52 ft. to a point for |
|
corner; |
|
THENCE South 02 deg. 15 min. 16 sec. East, continuing with the |
|
center of said creek, a distance of 87.99 ft. to a point in the |
|
center of County Road No. 290; |
|
THENCE North 87 deg. 49 min. 46 sec. East, with the center of |
|
said County Road No. 290, a distance of 1,121.68 ft. to a point at |
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an Ell comer; |
|
THENCE North 17 deg. 08 min. 05 sec. East, continuing with the |
|
center of said County Road No. 290, distance of 274.78 ft. to a |
|
point in the South line of said Grayson County, in the North line of |
|
said Collin County; |
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THENCE South 88 deg. 01 min. 11 sec. East, continuing with the |
|
center of said County Road No. 290, a distance of 918.91 ft. to a |
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point in the West right-of-way line of U. S. Highway No. 75; |
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THENCE Southerly, with the West right-of-way line of said U. |
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S. Highway No. 75, the following calls and distances: |
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South 02 deg. 54 min. 36 sec. West, a distance of 27.94 ft. to |
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an angle point; |
|
South 30 deg. 46 min. 30 sec. East, a distance of 183.31 ft. |
|
to an angle point; |
|
South 88 deg. 06 min. 30 sec. East, a distance of 449.88 ft. |
|
to an angle point; |
|
South 44 deg. 01 min. 30 sec. East, a distance of 59.33 ft. to |
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a point at the beginning of a curve; |
|
Southerly, with a non-tangent curve to the right having a |
|
radius of 11,236.22 ft. and a central angle of 02 deg. 19 min. |
|
08 sec. (chord bears South 00 deg. 12 min. 56 sec. West, |
|
454.72 ft.), an arc distance of 454,76 ft. to an angle point; |
|
South 02 deg. 36 min. 16 sec. East, a distance of 360.12 ft. |
|
to an angle point; |
|
South 00 deg. 25 min. 13 sec. West, a distance of 599.93 ft. |
|
to an angle point; |
|
South 01 deg. 22 min. 30 sec. West, a distance of 199.95 ft. |
|
to an angle point; |
|
South 04 deg. 42 min. 49 sec. West, a distance of 600.86 ft. |
|
to an angle point; |
|
South 07 deg. 09 min. 20 sec. East, a distance of 202.18 ft.; |
|
South 00 deg. 03 min. 25 sec. East, a distance of 400.02 ft. |
|
to an angle point; |
|
South 01 deg. 22 min. 30 sec. West, a distance of 999.74 ft. |
|
to an angle point; |
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South 10 deg. 21 min. 51 sec. West, a distance of 195.80 ft. |
|
to an angle point; |
|
South 07 deg. 03 min. 08 sec. East, a distance of 208.75 ft. |
|
to an angle point; |
|
South 00 deg. 03 min. 25 sec. East, a distance of 400.02 ft. |
|
to an angle point; |
|
South 07 deg. 33 min. 03 sec. West, a distance of 185.86 ft. |
|
to an angle point; |
|
South 45 deg. 36 min. 30 sec. West, a distance of 42.98 ft. to |
|
an angle point; |
|
South 01 deg. 22 min. 30 sec. West, a distance of 24.40 ft. to |
|
a point in the center of County Road No. 372; |
|
THENCE Westerly, with the center of said County Road No. 372, |
|
the following calls and distances: |
|
South 89 deg. 42 min. 59 sec. West, a distance of 353.70 ft.; |
|
South 86 deg. 10 min. 45 sec. West, a distance of 143.79 ft.; |
|
North 87 deg. 30 min. 14 sec. West, a distance of 53.25 ft.; |
|
North 74 deg. 09 min. 11 sec. West, a distance of 54.65 ft.; |
|
North 66 deg. 03 min. 55 sec. West, a distance of 186.27 ft.; |
|
North 69 deg. 12 min. 09 sec. West, a distance of 184.29 ft.; |
|
North 86 deg. 57 min. 36 sec. West, a distance of 96.84 ft.; |
|
South 48 deg. 48 min. 29 sec. West, a distance of 93.49 ft.; |
|
South 33 deg. 28 min. 27 sec. West, a distance of 305.00 ft.; |
|
South 37 deg. 10 min. 57 sec. West, a distance of 265.16 ft.; |
|
South 55 deg. 13 min. 57 sec. West, a distance of 89.72 ft.; |
|
North 83 deg. 28 min. 02 sec. West, a distance of 100.14 ft.; |
|
North 68 deg. 03 min. 52 sec. West, a distance of 396.07 ft.; |
|
North 60 deg. 49 min. 08 sec. West, a distance of 186.54 ft.; |
|
North 67 deg. 57 min. 27 sec. West, a distance of 71.26 ft.; |
|
North 89 deg. 56 min. 56 sec. West, a distance of 69.12 ft.; |
|
South 75 deg. 45 min. 15 sec. West, a distance of 103.51 ft.; |
|
South 83 deg. 05 min. 09 sec. West, a distance of 72.42 ft.; |
|
North 85 deg. 18 min. 09 sec. West, a distance of 68.25 ft.; |
|
North 81 deg. 39 min. 08 sec. West, a distance of 527.44 ft.; |
|
South 82 deg. 17 min. 34 sec. West, a distance of 143.98 ft.; |
|
South 60 deg. 43 min. 16 sec. West, a distance of 129.67 ft. |
|
to the intersection of the center of said County Road No. 372 |
|
with the center of said County Road No. 290; |
|
THENCE South 51 deg. 14 min. 09 sec. West, with the center of |
|
said County Road No. 290, a distance of 159.23 ft. to an angle |
|
point; |
|
THENCE South 52 deg. 34 min. 25 sec. West, continuing with the |
|
center of said County Road No. 290, a distance of 692.22 ft. to a |
|
point at the Southeast corner of the property conveyed to Tristian |
|
D. Pfeffer in Volume 3064, Page 593, said Collin County Deed |
|
Records; |
|
THENCE North 01 deg. 04 min. 20 sec. West, with the East line |
|
of said Pfeffer tract, a distance of 295.17 ft. to a point at the |
|
Northeast comer of said Pfeffer tract; |
|
THENCE North 89 deg. 16 min. 11 sec. West, with the North line |
|
of said Pfeffer tract, passing the Northwest comer of said Pfeffer |
|
tract and the Northeast corner of the property conveyed to Michael |
|
Ray Ashley, and continuing now with the North line of said Ashley |
|
tract for a total distance of 547.91 ft. to a point at the Northwest |
|
comer of said Ashley tract; |
|
THENCE South 04 deg. 31 min. 06 sec. West, with the West line |
|
of said Ashley tract, passing the Southwest comer of said Ashley |
|
tract and continuing for a total distance of 872.74 ft. to a point |
|
in the center of said County Road No. 290; |
|
THENCE South 34 deg. 58 min. 46 sec. West, with the center of |
|
said County Road No. 290, a distance of 568.84 ft. to an angle |
|
point; |
|
THENCE North 87 deg. 43 min. 32 sec. West, continuing with the |
|
center of said County Road No. 290, a distance of 425.02 ft. to a |
|
point at the intersection of the center of said County Road No. 290 |
|
with the center of a creek, at the Southeast comer of the 18.632 ac. |
|
tract of land conveyed to Stephen V. Jones and Kristi S. Jones in |
|
Volume 4140, Page 3149, said Collin County Deed Records; |
|
THENCE Northerly, with the center of a creek, maintaining the |
|
East line of said Jones 18.632 ac., the following the calls and |
|
distances: |
|
North 04 deg. 31 min. 06 sec. East, a distance of 86.50 ft.; |
|
North 35 deg. 11 min. 54 sec. West, a distance of 93.77 ft.; |
|
North 23 deg. 28 min. 54 sec. West, a distance of 55.00 ft.; |
|
North 52 deg. 28 min. 54 sec. West, a distance of 42.00 ft.; |
|
North 26 deg. 48 min. 54 sec. West, a distance of 29.70 ft.; |
|
North 69 deg. 58 min.54 sec. West, a distance of 25.40 ft.; |
|
North 31 deg. 08 min. 54 sec. West, a distance of 27.30 ft.; |
|
North 05 deg. 49 min. 16 sec. West, a distance of 61.40 ft.; |
|
North 15 deg. 44 min. 06 sec. East, a distance of 29.40 ft.; |
|
North 31 deg. 13 min. 54 sec. West, a distance of 22.00 ft.; |
|
North 79 deg. 23 min. 54 sec. West, a distance of 16.10 ft.; |
|
North 00 deg. 46 min. 06 sec. East, a distance of 50.00 ft.; |
|
North 31 deg. 45 min. 06 sec. East, a distance of 24.60 ft.; |
|
North 02 deg. 31 min. 06 sec. East, a distance of 26.40 ft.; |
|
North 34 deg. 28 min. 06 sec. East, a distance of 43.20 ft.; |
|
North 13 deg. 08 min. 54 sec. West, a distance of 54.70 ft.; |
|
North 00 deg. 31 min. 06 sec. East, a distance of 82.20 ft.; |
|
North 19 deg. 28 min. 54 sec. West, a distance of 80.00 ft.; |
|
North 40 deg. 03 min. 54 sec. West, a distance of 37.60 ft.; |
|
North 17 deg. 46 min..06 sec. East, a distance of 43.20 ft.; |
|
North 58 deg. 31 min. 06 sec. East, a distance of 36.10 ft.; |
|
North 28 deg. 28 min. 54 sec. West, a distance of 44.00 ft.; |
|
North 56 deg. 28 min. 54 sec. West, a distance of 21.00 ft.; |
|
North 21 deg. 15 min. 54 sec. West, a distance of 51.60 ft.; |
|
South 48 deg. 11 min. 06 sec. West, a distance of 24.00 ft.; |
|
North 44 deg. 08 min. 54 sec. West, a distance of 30.40 ft.; |
|
North 85 deg. 28 min. 54 sec. West, a distance of 26.00 ft.; |
|
North 43 deg. 28 min. 54 sec. West, a distance of 26.50 ft.; |
|
North 85 deg. 28 min. 54 sec. West, a distance of 42.70 ft.; |
|
North 27 deg. 08 min. 54 sec. West, a distance of 75.00 ft.; |
|
North 13 deg. 28 min. 54 sec. West, a distance of 25.30 ft.; |
|
North 34 deg. 28 min. 54 sec. West, a distance of 25.90 ft.; |
|
North 18 deg. 36 min. 54 sec. West, a distance of 78.20 ft.; |
|
North 68 deg. 31 min. 06 sec. East, a distance of 22.40 ft.; |
|
North 46 deg. 42 min. 06 sec. East, a distance of 36.00 ft.; |
|
North 44 deg. 28 min. 54 sec. West, a distance of 78.70 ft.; |
|
North 37 deg. 37 min. 54 sec. West, a distance of 22.43 ft.; |
|
South 81 deg. 30 min. 06 sec. West, a distance of 53.20 ft.; |
|
North 16 deg. 18 min. 59 sec. West, a distance of 60.42 ft. to |
|
a point at the Northeast comer of said Jones 18.632 ac.; |
|
THENCE South 89 deg. 18 min. 29 sec. West, with the North line |
|
of said Jones 18.632 ac., a distance of 293.17 ft. to a point at the |
|
Northwest comer of said Jones 18.632 ac.; |
|
THENCE South 00 deg. 19 min. 05 sec. East, with the West line |
|
of said Jones 18.632 ac., a distance of 62.47 ft. to a 1/2 inch rebar |
|
found at the Northwest base of a 48 inch tree at a fence comer, at |
|
the Northeast comer of said Viola 133.814 ac.; |
|
THENCE South 00 deg. 24 min. 08 sec. East, continuing with the |
|
West line of said Jones 18.632 ac., a distance of 1,026.81 ft. to a |
|
1/2 inch rebar found in the center of said County Road No. 290, at |
|
the Southwest comer of said Jones 18.632 ac.; |
|
THENCE South 89 deg. 26 min. 03 sec. West, with the center of |
|
said County Road No. 290, a distance of 772.79 ft. to a 1/2 inch |
|
rebar found at an Ell comer of said Viola 133.814 ac.; |
|
THENCE South 00 deg. 16 min. 20 sec. West, continuing with the |
|
center of said County Road No. 290, a distance of 1,686.94 ft. to a |
|
1/2 inch rebar found at the most Southerly Southeast corner of said |
|
Viola 133.814 ac.; |
|
THENCE North 89 deg. 36 min. 49 sec. West, continuing with the |
|
center of said County Road No. 290 and with the South line of said |
|
Viola 133.814 ac., a distance of 798.24 ft. to a 1/2 inch rebar |
|
found at the Northeast corner of the 10.669 ac. tract of land |
|
conveyed to Delmore A. Church and Joyce church in Volume 702, Page |
|
585, said Collin County Deed Records; |
|
THENCE North 89 deg. 29 min. 33 sec. West, continuing with the |
|
center of said County Road No. 290 and with the North line of said |
|
Church 10.669 ac., a distance of 935.50 ft. to a point at the |
|
Northwest comer of said Church 10.669 ac.; |
|
THENCE South 00 deg. 17 min. 31 sec. East, with the West line |
|
of said Church 10.669 ac., a distance of 5.80 ft. to a point at the |
|
Northeast corner of the 103 ac. tract of land conveyed to James |
|
Robert Thornton in Volume 1596, Page 467 and Volume 1599; Page 451, |
|
said Collin County Deed Records; |
|
THENCE North 89 deg. 44 min. 24 sec. West; with the center of |
|
Collin County Road No. 11.01, a public road, and with the North line |
|
of said Thornton 103 ac., a distance of 118.58 ft. to the PLACE OF |
|
BEGINNING and containing 1,245.57 ACRES of land. |
|
LESS AND EXCEPT the tract described below. |
|
SITUATED in the County of Collin, State of Texas, and being a |
|
part of the Jonas Whitaker Survey, Abstract No. 981, being a part of |
|
the E.T. Berry Survey, Abstract No. 41, and being all of the |
|
property conveyed to D. E. Billups, lying in the E.T. Berry Survey, |
|
and being all of the property conveyed to Geraldine Billups in |
|
Volume 4831, Page 862, Collin County Deed Records, and being all of |
|
the property conveyed to John Adams and Paul Adams in County Clerks |
|
File No. 94-0083801, and being more particularly described as one |
|
tract of land by metes and bounds as follows, to-wit: |
|
BEGINNING at a point in the center of County Road No. 290, at |
|
the Southwest comer of both said John & Paul Adams tract and the |
|
herein described exception tract; |
|
THENCE North 00 degrees 17 minutes 41 seconds West, with the |
|
center of said County Road No. 290, a distance of 234.95 feet to a |
|
point at the intersection of the center of said County Road No. 290 |
|
and County Road No. 222, at an angle point in the West line of the |
|
herein described exception tract; |
|
THENCE North 00 degrees 13 minutes 11 seconds West, |
|
continuing with the center of said County Road No. 290, passing the |
|
Northwest comer of said John & Paul Adams tract, and the Southwest |
|
comer of said Geraldine Billups tract, passing the Northwest comer |
|
of said Geraldine Billups tract and the Southwest corner of said D. |
|
E. Billups tract and continuing now with the West line of said D. E. |
|
Billups tract for a total distance of 612.61 feet to a point at the |
|
Northwest comer of both said D. E. Billups tract and the herein |
|
described exception tract; |
|
THENCE North 89 degrees 37 minutes 36 seconds East, with the |
|
North line of said D. E. Billups tract, a distance of 1,418.49 feet |
|
to a point at the Northeast comer of both said D. E. Billups tract |
|
and the herein described exception tract; |
|
THENCE Southerly, with the East line of said D. E. Billups |
|
tract, said Geraldine Billups tract and said John & Paul Adams |
|
tract, the following calls and distances: |
|
South 22 degrees 07 minutes 54 seconds East, a distance of |
|
107.40 feet to an angle point; |
|
South 36 degrees 30 minutes 12 seconds West, a distance of |
|
123.56 feet to an angle point; |
|
South 55 degrees 01 minutes 11 seconds East, a distance of |
|
127.51 feet to an angle point; |
|
South 09 degrees 13 minutes 07 seconds East, a distance of |
|
307.63 feet to an angle point; |
|
South 00 degrees 53 minutes 06 seconds West, a distance of |
|
272.87 feet to a point atthe Southeast corner of both said |
|
John & Paul Adams tract and the herein described exception |
|
tract; |
|
THENCE South 89 degrees 41 minutes 09 seconds West, with the |
|
South line of said John & Paul Adams tract, a distance of 1,531.42 |
|
feet to the PLACE OF BEGINNING and containing 29.09 ACRES of land |
|
less and excepted from the above described 1,245.57 ac. tract and |
|
leaving a NET ACREAGE of 1,216.48 ACRES of land, all of which lies |
|
entirely within the Extraterritorial Jurisdiction of the City of |
|
Van Alstyne, as established by the "Boundary Line Settlement |
|
Agreement" dated September 12, 2006, to be filed in the Official |
|
Public Records of Collin County, Texas. |
|
TRACT 2: 362.23 ACRES |
|
SITUATED in the County of Collin, State of Texas, and being a |
|
part of the Hanny Nelson Survey, Abstract No. 431, and being a part |
|
of the J.C. Burge Survey, Abstract No. 106, and being a part of the |
|
W. M. Creager Survey, Abstract No. 164, and being a part of the |
|
363.943 ac. tract of land (Tract 2) and all of the 217.416 ac. tract |
|
of land (Tract 3), both conveyed to Vincent Viola by W. Mark David |
|
by Special Warranty Deed dated July 30, 2001 and recorded in Volume |
|
4987, Page 697, Deed Records, Collin County, Texas, and being more |
|
particularly described as one tract of land by metes and bounds as |
|
follows, to-wit: |
|
BEGINNING at a point in East right-of-way line of U. S. |
|
Highway No. 75, in the center of Collin County Road No. 290, at the |
|
most Northerly Northwest comer of said Viola Tract 2; |
|
THENCE South 87 deg. 47 min. 57 sec. East, with the center of |
|
said Collin County Road No. 290, a distance of 677.09 ft. to a point |
|
at the Northeast comer of said Viola Tract 2, at the Northwest comer |
|
of said Viola Tract 3; |
|
THENCE South 88 deg. 25 min. 32 sec. East, continuing with the |
|
center of said Collin County Road No. 290, a distance of 447.93 ft. |
|
to a point at the Northwest comer of the property conveyed to Jim |
|
Lawrence in Volume 1498, Page 563, said Collin County Deed Records; |
|
THENCE South 01 deg. 54 min. 14 sec. West, with the West line |
|
of said Lawrence tract, a distance of 599.97 ft. to a point at the |
|
Southwest comer of said Lawrence tract; |
|
THENCE South 88 deg. 12 min. 30 sec. East, with the South line |
|
of said Lawrence tract, a distance of 579.90 ft. to a point at the |
|
Southeast comer of said Lawrence tract; |
|
THENCE North 01 deg. 58 min. 08 sec. East, with the East line |
|
of said Lawrence tract, a distance of 602.17 ft. to a point in the |
|
center of said Collin County Road No. 290, at Northeast corner of |
|
said Lawrence tract; |
|
THENCE South 88 deg. 25 min. 32 sec. East, with the center of |
|
said Collin County Road No. 290, passing the most Westerly |
|
Southwest corner of the property conveyed to Tucker B. McDonald in |
|
Collin County Clerk's File No. 94-9053991, and continuing now with |
|
a South line of said McDonald tract for a total distance of 815.54 |
|
ft. to a point at a Northeast comer of said Viola Tract 3, at an Ell |
|
comer of said McDonald tract; |
|
THENCE South 01 deg. 55 min. 23 sec. West, with a West line of |
|
said McDonald tract, a distance of 144.12 ft. to a point at the |
|
Southwest corner of said McDonald tract; |
|
THENCE South 88 deg. 09 min. 09 sec. East, with a South line |
|
of said McDonald tract, passing the Southeast comer of said |
|
McDonald tract and a Southwest comer of the property conveyed to |
|
Forrest W. Moore in Volume 1799, Page 804, said Collin County Deed |
|
Records, and continuing now with a South line of said Moore tract |
|
for a total distance of 1,372.74 ft. to a point in West right-of-way |
|
line of State Highway No. 5, at the Northeast comer of both said |
|
Viola Tract 3 and the herein described tract; |
|
THENCE South 21 deg. 08 min. 14 sec. East, with the West |
|
right-of-way line of said State Highway No. 5, a distance of |
|
1,357.58 ft. to a point at the most Easterly Southeast corner of |
|
both said Viola Tract 3. and the herein described tract, at the |
|
Northeast corner of the property conveyed to John E. Steffens in |
|
Collin County Clerk's File No. 93-0104713; |
|
THENCE North 87 deg. 57 min. 15 sec. West, with the North line |
|
of said Steffens tract, a distance of 701.67 ft. to a point at the |
|
Northwest corner of said Steffens tract; |
|
THENCE South 00 deg. 32 min. 52 sec. East, with the West line |
|
of said Steffens tract, a distance of 185.54 ft. to a point in the |
|
North line of the property conveyed to Ann Marie Forlenza in Collin |
|
County Clerk ' s File No. 96-0016528, at the Southwest corner of |
|
said Steffens tract; |
|
THENCE North 88 deg. 15 min. 56 sec. West, with the North line |
|
of said Forlenza tract, passing the Northwest corner of said |
|
Forlenza tract and the Northeast corner of Anna 103, an Addition to |
|
Collin County, Texas, s recorded in the Collin County Plat Records, |
|
a distance of 219.14 ft. to an angle point in the North line of said |
|
Anna 103 Addition; |
|
THENCE North 88 deg. 54 min. 31 sec. West, continuing with the |
|
North line of said Anna 103 Addition, a distance of 802.35 ft. to a |
|
point at the Northwest corner of said Anna 103 Addition; |
|
THENCE South 02 deg. 22 min. 42 sec. West, with the West line |
|
of said Anna 103 Addition, a distance of 2,263.74 ft. to a point at |
|
the Northeast corner of the property conveyed to Ronald Larue in |
|
Volume 1697, Page 57, said Collin County Deed Records; |
|
THENCE North 83 deg. 28 min. 52 sec. West, with the North line |
|
of said Larue tract, a distance of 386.62 ft. to a-point at the |
|
Northwest corner of said Larue tract; |
|
THENCE South 02 deg. 22 min. 41 sec. West, with the West line |
|
of said Larue tract, a distance of 335.53 ft. to a point in the North |
|
line of the property conveyed to Virginia R. Bryant in Volume 2867, |
|
Page 168, said Collin County Deed Records, at the Southwest comer of |
|
said Larue tract; |
|
THENCE North 86 deg. 56 min. 09 sec. West, with the North line |
|
of said Bryant tract, a distance of 474.85 ft. to a point at the |
|
Northwest comer said Bryant tract; |
|
THENCE North 87 deg. 00 min. 45 sec. West, a distance of |
|
597.94 ft. to a point at the Southe:ist corn.er of the Mantua |
|
Cemetery; |
|
THENCE North 01 deg. 35 min.. 32 sec. East , with the East |
|
line of said Mantua Cemetery, a distance of 372.22 ft. to a point at |
|
the Northeast comer of said Mantua Cemetery; |
|
THENCE South 54 deg. 09 min. 25 sec. West, with the North line |
|
of said Mantua Cemetery, a distance of 319.95 ft. to an angle point; |
|
THENCE North 40 deg. 29 min. 38 sec. West, continuing with the |
|
North line of said Mantua Cemetery, a distance of 134.58 ft. to an |
|
angle point; |
|
THENCE South 81 deg. 54 min. 46 sec. West, continuing with the |
|
North line of said Mantua Cemetery, a distance of 60.47 ft. to an |
|
angle point; |
|
THENCE South 20 deg. 08 min. 34 sec. West, continuing with the |
|
North line of said Mantua Cemetery, a distance of 155.17 ft. to an |
|
angle point; |
|
THENCE South 69 deg. 37 min. 57 sec. West, continuing with the |
|
North line of said Mantua Cemetery, a distance of 17.16 ft. to a |
|
point in the center of a public road, at the Northwest comer of said |
|
Mantua Cemetery; |
|
THENCE South 03 deg. 13 min. 52 sec. West, with the West line |
|
of said Mantua Cemetery, a distance of 102.46 ft. to a point at the |
|
Southwest corner of said Mantua Cemetery; |
|
THENCE South 87 deg. 00 min. 45 sec. East, with the South line |
|
of said Mantua Cemetery, a distance of 23.27 ft. to a point in the |
|
center of said public road; |
|
THENCE South 08 deg. 32 min. 03 sec. West, with the center of |
|
said public road, a distance of 105.61 ft. to an angle point; |
|
THENCE South 36 deg. 51 min. 30 sec. West, continuing with the |
|
center of said public road, a distance of 94.21 ft. to an angle |
|
point; |
|
THENCE South 51 deg. 48 min. 17 sec. West, continuing with the |
|
center of said public road, a distance of 78.22 ft. to an angle |
|
point; |
|
THENCE South 56 deg. 56 min. 45 sec. West, continuing with the |
|
center of said public road, a distance of 149.91 ft. to an angle |
|
point; |
|
THENCE South 57 deg. 35 min. 20 sec. West, continuing with the |
|
center of said public road, a distance of 87.86 ft. to a point at the |
|
most Northerly Northeast comer of the property conveyed to Leonard |
|
Harlow in Collin County Clerk's File No. 92-0054819; |
|
THENCE South 72 deg. 58 min. 34 sec. West, with a North line |
|
of said Harlow tract, a distance of 246.79 ft. to a point at the most |
|
Northerly Northwest corner of said Harlow tract; |
|
THENCE South 01 deg. 36 min. 58 sec. West, with a West line of |
|
said Harlow tract, a distance of 398.78 ft. to an angle point; |
|
THENCE South 21 deg. 05 min. 34 sec. West, with a North line |
|
of said Harlow tract, a distance of 82.04 ft. to a point at an Ell |
|
corner of said Harlow tract; |
|
THENCE North 87 deg. 34 min. 30 sec. West, continuing with a |
|
North line of said Harlow tract, entering the centerline of said |
|
public road and continuing for a distance of 233.21 ft. to a point |
|
at the most Westerly Northwest comer of said Harlow tract; |
|
THENCE South 89 deg. 26 min. 08 sec. West, with the center of |
|
said public road, a distance of 492.32 ft. to a point at the |
|
intersection of the center of said public road with the East |
|
right-of-way line of said U. S. Highway No. 75; |
|
THENCE Northerly, with the East right-of-way line of U. S. |
|
Highway No. 75, the following calls and distances: |
|
North 01 deg. 22 min. 30 sec. East, a distance of 26.10 ft to |
|
an angle point; |
|
North 44 deg. 23 min. 30 sec. West, a distance of 41.84 ft. to |
|
an angle point; |
|
North 01 deg. 22 min. 30 sec. East, a distance of 774.10 ft. |
|
to an angle point; |
|
North 04 deg. 20 min. 30 sec. West, a distance of 200.95 ft. |
|
to an angle point; |
|
North 01 deg. 22 min. 30 sec. East, a distance of 199.95 ft. |
|
to an angle point; |
|
North 04 deg. 14 min. 15 sec. East, a distance of 200.20 ft. |
|
to an angle point; |
|
North 07 deg. 05 min. 08 sec. East, a distance of 200.95 ft. |
|
to an angle point; |
|
North 01 deg. 22 min. 30 sec. East, a distance of 199.95 ft. |
|
to an angle point; |
|
North 04 deg. 20 min. 08 sec. West, a distance of 200.95 ft. |
|
to an angle point; |
|
North 00 deg. 03 min. 25 sec. West, a distance of 400.02 ft. |
|
to an angle point; |
|
North 09 deg. 54 min. 21 sec. East, a distance of 202.18 ft. |
|
to an angle point; |
|
North 07 deg. 09 min. 20 sec. West, a distance of 202.18 ft. |
|
to an angle point; |
|
North 00 deg. 32 min. 03 sec. West, a distance of 600.18 ft. |
|
to an angle point; |
|
North 04 deg. 57 min. 05 sec. East, a distance of 400.68 ft. |
|
to an angle point; |
|
North 07 deg. 05 min. 08 sec. East, a distance of 401.89 ft. |
|
to an angle point; |
|
North 01 deg. 22 min. 31 sec. East, a distance of 159.31 ft. |
|
to a point at the beginning of a curve; |
|
Northerly, with a curve to the left having a radius of |
|
11,681.11 ft. and a central angle of 02 deg. 16 min. 07 sec. |
|
(chord bears North 00 deg. 14 min. 28.sec. East, 462.48 ft.), |
|
an arc distance of 462.51 ft. to a point at the end of said |
|
curve; |
|
North 49 deg. 37 min. 30 sec. East, a distance of 43.80 ft. to |
|
an angle point; |
|
South 88 deg. 06 min. 30 sec. East, a distance of 479.87 ft. |
|
to an angle point; |
|
North 24 deg. 52 min. 30 sec. East, a distance of 179.23 ft. |
|
to an angle point; |
|
North 01 deg. 34 min. 28 sec. East, a distance of 18.13 ft. to |
|
the PLACE OF BEGINNING and containing 362.23 ACRES of land, |
|
all of which lies entirely within the Extraterritorial. |
|
Jurisdiction of the City of Van Alstyne, as established by |
|
the "Boundary Line Settlement Agreement" dated September 12, |
|
2006, to be filed in the Official Public Records of Collin |
|
County, Texas. |
|
TRACT 3: 34.40 ACRES |
|
SITUATED in the County of Collin, State of Texas, and being a |
|
part of the W. M. Creager Survey, Abstract No. 164, being a part of |
|
the Hanny Nelson Survey, Abstract No. 431, and being all of the |
|
14.381 ac. tract of land (Tract 4) and 20.024 ac. tract of land |
|
(Tract 5) both conveyed to Vincent Viola by W. Mark David by Special |
|
Warranty Deed dated July 30, 2001 and recorded in Volume 4987, Page |
|
697, Deed Records, Collin County, Texas, and being more |
|
particularly described as one tract of land by metes and bounds as |
|
follows, o-wit: |
|
BEGINNING at a point in the center of Collin County Road |
|
No. 290, a public road, in the East-right-of-way line of State |
|
Highway No. 5, at the Northwest comer of said Viola Tract 4; |
|
THENCE South 86 deg. 46 min. 04 sec. East, with the center of |
|
said Collin County Road No. 290 and the North line of said Viola |
|
Tract 4, a distance of 752.83 ft. to a point at the Northeast comer |
|
of said Viola Tract 4, at the Northwest comer of the property |
|
conveyed to Rollin G. Andreas in Collin County Clerk's File |
|
No. 95-0024818; |
|
THENCE South 02 deg. 30 min. 46 sec. West, with the West line |
|
of said Andreas tract, a distance of 1,162.43 ft. to a point at the |
|
Southwest comer of said Andreas tract, at the most Northerly |
|
Northwest corner of said Viola Tract 5; |
|
THENCE South 88 deg. 22 min. 09 sec. East, with the South line |
|
of said Andreas tract, passing the Southeast comer of said Andreas |
|
tract and the Southwest comer of the property conveyed to Clyde L. |
|
Depew in Volume 2709, Page 88, said Collin County Deed Records, and |
|
continuing now with the South line of said Depew tract, passing the |
|
Southeast corner of said Depew tract and the Southwest corner of the |
|
property conveyed to Donald H. Topper in Volume 3139, Page 13, said |
|
Collin County Deed Records, and continuing now with the South line |
|
of said Topper tract for total distance of 1,305.31 ft. to a point |
|
at the Northeast comer of said Viola Tract 5; |
|
THENCE South 02 deg. 11 min. 51 sec. West, with the East line |
|
of said Viola Tract 5, a distance of 661.46 ft. to a point at the |
|
Southeast corner of both said Viola Tract 5 and the herein described |
|
tract, at a comer of the property conveyed to Osa W. Marshhall in |
|
Volume 756, Page 823, said Collin County Deed Records; |
|
THENCE North 87 deg. 53 min. 32 sec. West, with the South line |
|
of said Viola Tract 5 and the North line of said Marshhall tract, a |
|
distance of 1,263.76 ft. to a point in the East right- of-way line |
|
of said State Highway No. 5, at the Southwest comer of both said |
|
Viola Tract 5 and the herein described tract, at the Northwest comer |
|
of said Marshhall tract; |
|
THENCE North 21 deg. 07 min. 59 sec. West, with the East |
|
right-of-way line of said State Highway No. 5 and the West line of |
|
said Viola Tract 5, passing the most Westerly Northwest corner of |
|
said Viola Tract 5 and the Southwest comer of said Viola Tract 4 and |
|
continuing now with the West line of said Viola Tract 4 for a total |
|
distance of 1,989.19 ft. to the PLACE OF BEGINNING and containing |
|
34.40 ACRES of land, all of which lies entirely within the |
|
Extraterritorial Jurisdiction of the City of Van Alstyne, as |
|
established by the "Boundary Line Settlement Agreement" dated |
|
September 12, 2006, to be filed in the Official Public Records of |
|
Collin County, Texas. |
|
TRACT 4: 6.12 ACRES |
|
SITUATED in the County of Collin, State of Texas, and being a |
|
part of the W. M. Creager Survey, Abstract No. 164, and being all of |
|
the 6.120 ac. tract of land (Tract 6) conveyed to Vincent Viola by |
|
W. Mark David by Special Warranty Deed dated July 30, 2001 and |
|
recorded in Volume 4987, Page 697, Deed Records, Collin County, |
|
Texas, and being more particularly described as one tract of land by |
|
metes and bounds as follows, to-wit: |
|
BEGINNING at a point in the West right-of-way line of State |
|
Highway No. 5, at the Northeast comer of said Viola Tract 6, at the |
|
Southeast corner of the property conveyed to John E. Steffens in |
|
Collin County Clerk's File No. 93-0104713; |
|
THENCE South 21 deg. 08 min. 14 sec. East, with the West |
|
right-of-way line of said State Highway No. 5, a distance of 638.77 |
|
ft. to a point at the most Easterly Southeast corner of said Viola |
|
Tract 6, at the Northeast corner of the property conveyed to Tina M. |
|
Lieto; |
|
THENCE South 69 deg. 07 min .56 sec. West, with the North line |
|
of said Lieto tract, a distance of 142.55 ft. to a point at the |
|
Northwest comer of said Lieto tract; |
|
THENCE South 20 deg. 28 min. 53. sec. East, with the West line |
|
of said Lieto tract, a distance of 300.17 ft. to a point in the North |
|
line of the property conveyed to Tim P. Heffernan in Collin County |
|
Clerk's File No. 94-0098977, at the Southwest corner of said Lieto |
|
tract, at the most Southerly Southeast comer of said Viola Tract 6; |
|
THENCE South 68 deg. 55.min. 52 sec. West, with the North line |
|
of said Heffernan tract , a distance of 377.37 ft. to a point in the |
|
East line of the property conveyed to Kerry L. Burns in Collin |
|
County Clerk's File No. 93-00. 91969, at the Southwest comer of |
|
said Viola Tract 6; |
|
THENCE North 01 deg. 35 min. 22 sec. East, with the East line |
|
of said Burns tract, a distance of 1,068.04 ft. to a point in the |
|
South line of said Steffens tract, at the Northeast comer of said |
|
Bums tract, at the Northwest corner of said Viola Tract 6; |
|
THENCE South 88 deg. 00 min. 11 sec. East, with the South line |
|
of said Steffens tract, a distance of120.41 ft. to the PLACE OF |
|
BEGINNING and containing 6.12 ACRES of land , all of which lies |
|
entirely within the Extraterritorial Jurisdiction of the City of |
|
Van Alstyne, as established by the "Boundary Line Settlement |
|
Agreement" dated September 12, 2006, to be filed in the Official |
|
Public Records of Collin County, Texas. |
|
TRACT 5: 27.39 ACRES |
|
SITUATED in the County of Collin, State of Texas, and being a |
|
part of the W. M. Creager Survey, Abstract No. 164, and being all of |
|
the 27.387 ac. tract of land (Tract 7) conveyed to Vincent Viola by |
|
W. Mark David by Special Warranty Deed dated July 30, 2001 and |
|
recorded in Volume 4987, Page 697, Deed Records, Collin County, |
|
Texas, and being more particularly described as one tract of land by |
|
metes and bounds as follows, to-wit: |
|
BEGINNING at a point in the West right-of-way line of State |
|
Highway No. 5, at the Northeast corner of said Viola Tract 7, at the |
|
Southeast corner of the property conveyed to Tim P. Heffernan in |
|
Collin County Clerk's File No. 94-0098977; |
|
THENCE South 21 deg. 08 min. 14 sec. East, with the West |
|
right-of-way line of said State Highway No. 5, a distance of |
|
1,183.89 ft. to a point at the Northeast corner of the property |
|
conveyed to M. F. Darehsori in Volume 2264, Page 395, said Collin |
|
County Deed Records; |
|
THENCE North 87 deg. 58 min. 11 sec. West, with the North line |
|
of said Darehsori tract, a distance of 131.73 ft. to a point at the |
|
Northwest corner of said Darehsori tract; |
|
THENCE South 02 deg. 01 min. 49 sec. West, with the West line |
|
of said Darehsori tract, a distance of 150.00 ft. to a point at the |
|
Southwest corner of said Drehsori tract; |
|
THENCE South 87 deg. 58 min. 11 sec. East, with the South line |
|
of said Darehsori tract, a distance of 195.92 ft. to a point in the |
|
West right-of-way line of said State Highway No. 5, at the |
|
Southeast corner of said Darehsori tract; |
|
THENCE South 21 deg. 08 min. 14 sec. East, with the West |
|
right-of-way line of said State Highway No.5, a distance of 190.49 |
|
ft. to a point at the Southeast corner of said Viola Tract 7; |
|
THENCE North 87 deg. 54 min. 56 sec. West, with the South line |
|
of said Viola Tract 7, a distance of 1,216.71 ft. to a point at the |
|
Southwest comer of said Viola Tract 7; |
|
THENCE North 01 deg. 35 min. 22 sec. East, with the West line |
|
of said Viola Tract 7, a distance of 1,149.78 ft. to a point at the |
|
Northwest comer of said Viola Tract 7, at the Southwest comer of |
|
said Heffernan tract; |
|
THENCE North 69 deg. 05 min. 34 sec. East, with the South line |
|
of said Heffernan tract, a distance of 673 .94 ft. to the PLACE OF |
|
BEGINNING and containing 27.39 ACRES of land, all of which lies |
|
entirely within the Extraterritorial Jurisdiction of the City of |
|
Van Alstyne, as established by the "Boundary Line Settlement |
|
Agreement" dated September 12, 2006, to be filed in the Official |
|
Public Records of Collin County, Texas. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) Section 8048.0309, 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 8048, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 8048.0309 to read as follows: |
|
Sec. 8048.0309. 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, 2019. |