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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 Uptown Municipal Utility District |
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No. 1 of Collin County; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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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 7909A to read as follows: |
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CHAPTER 7909A. UPTOWN MUNICIPAL UTILITY DISTRICT NO. 1 OF COLLIN |
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COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7909A.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 Uptown Municipal Utility |
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District No. 1 of Collin County. |
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Sec. 7909A.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. 7909A.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. 7909A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7909A.0103 until 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. |
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Sec. 7909A.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. 7909A.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. 7909A.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 7909A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7909A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Caleb Lavey; |
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(2) Cole Talley; |
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(3) Luke Brown; |
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(4) Zack Schneider; and |
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(5) Ben Hangartner. |
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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 7909A.0103; or |
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(2) September 1, 2025. |
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(c) If permanent directors have not been elected under |
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Section 7909A.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 7909A.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. 7909A.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. 7909A.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. 7909A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7909A.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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Sec. 7909A.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. 7909A.0306. DIVISION OF DISTRICT. (a) The district |
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may be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by |
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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) A 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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7909A.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 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 7909A.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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7909A.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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7909A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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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 |
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7909A.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. 7909A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7909A.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. 7909A.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. 7909A.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. 7909A.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. 7909A.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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SECTION 2. The Uptown Municipal Utility District No. 1 of |
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Collin County initially includes all the territory contained in the |
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following area: |
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Tract 1 |
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BEING A TRACT OF LAND LOCATED IN THE HENRY BENTLEY SURVEY, ABSTRACT |
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NO. 124 AND THE BENJAMIN BREWTON SURVEY, ABSTRACT NO. 125, COLLIN |
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COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND DESCRIBED IN DEED TO |
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MATTHEW D. KIRAN, RECORDED IN INSTRUMENT NO. 20070418000520430, |
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OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS (O.P.R.C.C.T.) AND |
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ALL OF A TRACT OF LAND DESCRIBED IN DEED TO MATTHEW DILLON KIRAN, |
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RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T. AND |
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BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: |
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BEGINNING AT A 1/2-INCH IRON ROD FOUND IN THE EAST RIGHT-OF-WAY LINE |
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OF FARM-TO-MARKET ROAD 455, A 90-FOOT RIGHT-OF-WAY, AT THE WEST |
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COMMON CORNER OF SAID KIRAN TRACT AND A TRACT OF LAND DESCRIBED IN |
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DEED TO MARK A. JOHNSON, RECORDED IN VOLUME 5038, PAGE 7629, DEED |
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RECORDS, COLLIN COUNTY, TEXAS; |
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THENCE NORTH 00°45'03" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A |
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DISTANCE OF 831.92 FEET TO A 5/8-INCH IRON WITH A YELLOW CAP STAMPED |
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"RPLS 5674" SET AT THE WEST COMMON CORNER OF SAID KIRAN TRACT AND A |
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TRACT OF LAND DESCRIBED IN DEED TO MOODY RHINOCEROS, LLC, RECORDED |
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IN INSTRUMENT NO. 20140606000572850, O.P.R.C.C.T.; |
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THENCE NORTH 89°16'45" EAST, ALONG THE COMMON LINE OF SAID KIRAN |
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TRACT AND SAID MOODY RHINOCEROS TRACT, A DISTANCE OF 1,315.87 FEET |
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TO A 5/8-INCH IRON WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR |
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CORNER; |
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THENCE NORTH 89°21'36" EAST, CONTINUING ALONG SAID COMMON LINE, A |
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DISTANCE OF 1,299.36 FEET TO A 1/2-INCH IRON ROD FOUND IN THE WEST |
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LINE OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA |
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STELZER, CO-TRUSTEES OF THE STELZER REVOCABLE TRUST TRACT, RECORDED |
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IN INSTRUMENT NO. 20141006001089690, O.P.R.C.C.T., AT THE EAST |
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COMMON CORNER OF SAID KIRAN TRACT AND SAID MOODY RHINOCEROS TRACT; |
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THENCE SOUTH 00°42'34" EAST, ALONG THE COMMON LINE OF SAID KIRAN |
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TRACTS AND STAID STELZER TRACT, A DISTANCE OF 831.54 FEET TO A |
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1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID KIRAN |
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TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO JOE E. HACKNEY AND |
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WIFE, HAZEL M. HACKNEY, RECORDED IN INSTRUMENT NO. 96-0063441, |
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O.P.R.C.C.T.; |
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THENCE SOUTH 89°19'06" WEST, ALONG THE COMMON LINE OF SAID KIRAN |
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TRACT AND SAID HACKNEY TRACT, A DISTANCE OF 900.24 FEET TO A |
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3/8-INCH IRON ROD FOUND AT THE NORTH COMMON CORNER OF SAID HACKNEY |
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TRACT AND SAID JOHNSON TRACT; |
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THENCE SOUTH 89°18'26" WEST, ALONG THE COMMON LINE OF SAID KIRAN |
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TRACT AND SAID JOHNSON TRACT, A DISTANCE OF 1,714.40 FEET TO THE |
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POINT OF BEGINNING AND CONTAINING 2,175,983 SQUARE FEET OR 49.954 |
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ACRES OF LAND, MORE OR LESS. |
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Tract 2 |
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BEING A TRACT OF LAND LOCATED IN THE T. & P. RAILWAY CO. SURVEY, |
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ABSTRACT NO. 932, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF |
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LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA STELZER, |
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CO-TRUSTEES OF THE STELZER REVOCABLE TRUST, RECORDED IN INSTRUMENT |
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NO. 20141006001089690, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, |
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TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS |
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FOLLOWS: |
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BEGINNING AT AN 8-INCH WOOD FENCE POST FOUND IN THE EAST LINE OF A |
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TRACT OF LAND DESCRIBED IN DEED TO OLD CELINA, LTD., RECORDED IN |
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INSTRUMENT NO. 20180323000355690, O.P.R.C.C.T., AT THE SOUTHWEST |
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CORNER OF SAID STELZER TRACT AND THE NORTHWEST CORNER OF A TRACT OF |
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LAND DESCRIBED IN DEED TO JARRELL DWAIN GRAY, RECORDED IN |
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INSTRUMENT NO. 20090105000007700, O.P.R.C.C.T.; |
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THENCE NORTH 00°04'16" WEST, A DISTANCE OF 319.32 FEET TO A 3/8-INCH |
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IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID OLD CELINA TRACT |
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AND A TRACT OF LAND DESCRIBED IN DEED TO JOE E. HACKNEY AND WIFE, |
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HAZEL M. HACKNEY, RECORDED IN INSTRUMENT NO. 96-0063441, |
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O.P.R.C.C.T.; |
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THENCE NORTH 00°31'51" WEST, A DISTANCE OF 479.09 FEET TO A 1/2-INCH |
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IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID HACKNEY TRACT AND A |
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TRACT OF LAND DESCRIBED IN DEED TO MATTHEW D. KIRAN, RECORDED IN |
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INSTRUMENT NO. 20070418000520430, O.P.R.C.C.T.; |
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THENCE NORTH 00°42'34" WEST, ALONG THE EAST LINE OF SAID KIRAN TRACT |
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AND ANOTHER TRACT DESCRIBED IN DEED TO MATTHEW DILLON KIRAN, |
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RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T., A |
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DISTANCE OF 831.54 FEET TO A 1/2-INCH IRON ROD FOUND AT THE EAST |
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COMMON CORNER OF SAID KIRAN TRACT AND A TRACT OF LAND DESCRIBED IN |
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DEED TO MOODY RHINOCEROS, LLC, RECORDED IN INSTRUMENT NO. |
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20140606000572850, D.R.C.C.T.; |
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THENCE NORTH 00°07'00" EAST, ALONG THE EAST LINE OF SAID MOODY |
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RHINOCEROS TRACT, PASSING AT A DISTANCE OF 1,107.23 FEET A 3/4-INCH |
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IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED |
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IN DEED TO KIM CANNADY LEE, RECORDED IN VOLUME 4840, PAGE 1743, DEED |
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RECORDS, COLLIN COUNTY, TEXAS (D.R.C.C.T.), AND CONTINUING FOR A |
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TOTAL DISTANCE OF 1,120.03 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW |
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CAP STAMPED "RPLS 5674" SET NEAR THE SOUTHWEST EDGE OF PAVING OF |
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COUNTY ROAD 57 AT THE NORTHWEST CORNER OF SAID STELZER TRACT AND THE |
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SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO OLD CELINA, |
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LTD., RECORDED IN INSTRUMENT NO. 20140501000426500, O.P.R.C.C.T., |
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FROM WHICH A 1/2-INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID |
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LEE TRACT BEARS NORTH 01°02'23"WEST, A DISTANCE OF 570.99 FEET; |
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THENCE NORTH 89°35'24" EAST, ALONG SAID COUNTY ROAD 57 AND THE NORTH |
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LINE OF SAID STELZER TRACT, A DISTANCE OF 2,631.96 FEET TO A |
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5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR |
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CORNER IN THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN DEED TO OLD |
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CELINA , LTD., RECORDED IN INSTRUMENT NO. 20060815001168150, |
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O.P.R.C.C.T., AT THE NORTH COMMON CORNER OF SAID STELZER TRACT AND A |
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TRACT OF LAND DESCRIBED AS TRACT III IN DEED TO G BAR 7, LTD., |
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RECORDED IN VOLUME 5850, PAGE 990, D.R.C.C.T., FROM WHICH A |
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3/8-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID OLD CELINA |
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TRACT BEARS NORTH 89°35'24" EAST, A DISTANCE OF 682.05 FEET; |
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THENCE SOUTH 00°12'44" EAST, LEAVING THE SOUTH LINE OF SAID OLD |
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CELINA TRACT AND ALONG SAID COUNTY ROAD 57 AND THE EAST LINE OF SAID |
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STELZER TRACT, A DISTANCE OF 852.17 FEET TO A MAG NAIL SET AT THE |
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NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF |
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CELINA, TEXAS, RECORDED IN VOLUME 481, PAGE 230, D.R.C.C.T.; |
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THENCE NORTH 87°15'44" WEST, LEAVING SAID COUNTY ROAD 57 AND SAID |
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EAST LINE OF THE STELZER TRACT, A DISTANCE OF 450.00 FEET TO A |
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5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE |
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NORTHWEST CORNER OF SAID CITY OF CELINA TRACT; |
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THENCE SOUTH 00°12'44" EAST, A DISTANCE OF 485.30 FEET TO A 5/8-INCH |
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IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE SOUTHWEST |
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CORNER OF SAID CITY OF CELINA TRACT; |
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THENCE SOUTH 87°15'44" EAST, A DISTANCE OF 450.00 FEET TO A MAG NAIL |
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SET IN SAID COUNTY ROAD 57 AND SAID EAST LINE OF THE STELZER TRACT AT |
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THE SOUTHEAST CORNER OF SAID CITY OF CELINA TRACT; |
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THENCE SOUTH 00°12'44" EAST, ALONG SAID COUNTY ROAD 57 AND SAID EAST |
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LINE OF THE STELZER TRACT, A DISTANCE OF 1,420.00 FEET TO A MAG NAIL |
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SET AT THE SOUTHEAST CORNER OF SAID STELZER TRACT; |
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THENCE SOUTH 89°56'13" WEST, LEAVING SAID COUNTY ROAD 57, PASSING AT |
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A DISTANCE OF 205.83 FEET A 5/8-INCH IRON ROD FOUND AT THE NORTH |
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COMMON CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO J.B. STELZER |
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AND WIFE FRANCES B. STELZER, RECORDED IN INSTRUMENT NO. |
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19710125077403730, D.R.C.C.T., AND LOT 23 OF WILLOCK HILL ADDITION |
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AMENDED PLAT, AN ADDITION TO THE CITY OF CELINA, COLLIN COUNTY, |
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TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, SLIDE |
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160, MAP RECORDS, COLLIN COUNTY, TEXAS, AND CONTINUING FOR A TOTAL |
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DISTANCE OF 605.83 FEET TO THE NORTH COMMON CORNER OF LOTS 11 AND 23 |
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OF SAID ADDITION, FROM WHICH A 1/2-INCH IRON ROD FOUND WITH A CAP |
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STAMPED "RPLS 2818" BEARS SOUTH 09°19'53" EAST, A DISTANCE OF 0.46 |
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FEET; |
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THENCE SOUTH 89°51'02" WEST, A DISTANCE OF 358.80 FEET TO A 5/8-INCH |
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IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE NORTH |
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COMMON CORNER OF LOTS 10 AND 11 OF SAID ADDITION; |
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THENCE SOUTH 89°41'02" WEST, A DISTANCE OF 380.00 FEET TO A 1/2-INCH |
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IRON ROD WITH CAP STAMPED "RPLS 2818" FOUND AT THE NORTH COMMON |
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CORNER OF SAID ADDITION AND SAID GRAY TRACT; |
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THENCE SOUTH 89°39'42" WEST, A DISTANCE OF 1,284.65 FEET TO THE |
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POINT OF BEGINNING AND CONTAINING 7,029,841 SQUARE FEET OR 161.383 |
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ACRES OF LAND, MORE OR LESS. |
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Tract 3 |
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All that certain 143.93 acre tract or parcel of land situated in the |
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Collin County School Land Survey, Abstract Number 168, Thomas |
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Stayton Survey, Abstract Number 804 and the Henry Bentley Survey, |
|
Abstract Number 124, County of Collin, State of Texas, said tract |
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being part of a called 26.030 acre tract as described in deed to |
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Crown S. Ltd., filed 14 December 2001, and recorded in volume 5066 |
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page 4447 of the Official Public Records of said Collin County, |
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Texas, and said tract being part of Exhibit A, a called 193.825 acre |
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tract as described in deed to Crown S. Ltd., filed 31 July 1997, and |
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recorded in volume 3966 page 2598 of said official public records, |
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and being more particularly described as follows; |
|
COMMENCING at a found iron rod by a pipe fence corner post, said rod |
|
being the southwest corner of said Exhibit A, same being the |
|
northwest corner of a called 35.286 acre tract as described in deed |
|
to Sutton Field Investments, LLC, filed 10 February 2015, and |
|
recorded in Collin County Clerks #D20150210000147450 of said |
|
official public records, and said rod being on the east line of |
|
Tract One a called 14.88 acre tract as described in deed to Dwight |
|
Shewchuck et ux, Rebecca Shewchuk, 26 June 1998, and recorded in |
|
Collin County Clerks #D98-0067003 of said official public records, |
|
said rod also having NAD83 NCTZ grid coordinates of N-7169022.23, |
|
E-2482005.62 |
|
THENCE: North 00 degrees 30 minutes 58 seconds West, with the west |
|
line of said Exhibit A, and with the east line of said Shewchuk |
|
tract, a distance of 852.21 feet a set 1/2 inch rebar for the POINT |
|
OF BEGINNING and being the southwest corner of the tract being |
|
described herein: |
|
THENCE: North 00 degrees 30 minutes 58 seconds West, with the west |
|
line of said Exhibit A, and generally along and near a barbed wire |
|
fence, a distance of 690.83 feet to a found iron rod by a wood fence |
|
corner post for an angle point in the west line of said Exhibit A, |
|
same being the northeast corner of a called 10.253 acre tract as |
|
described in deed to Jimmy D. Bennett and Katheleen J. Bennett, |
|
filed 06 May 1997, and recorded in Collin County Clerks |
|
#D97-0035479 of said official public records, same being the |
|
southeast corner of Tract II, a called 7.605 acre tract as described |
|
in deed to Glenn E. Hansen, filed 15 May 2008, and recorded in |
|
Collin County Clerks #D20080515000592770 of said official public |
|
records; |
|
THENCE: North 00 degrees 32 minutes 00 seconds West, with the west |
|
line of said Exhibit A, and generally along and near a barbed wire |
|
fence, a distance of 1734.10 feet to a found 5/8 inch rebar by a pipe |
|
fence corner post for the northwest corner of said Exhibit A, same |
|
being the occupied southwest corner of said 26.030 acre tract, and |
|
said rebar being the northeast corner of a called 7.004 acre tract |
|
as described in deed to Greg Mims and Pam Mims, filed 04 June 2015, |
|
and recorded in Collin County Clerks #D20150604000659940 of said |
|
official public records, same being the southeast corner of a |
|
called 10.012 acre tract as described in deed to W. G. Cullum & |
|
Company Ltd. filed 15 December 2015, and recorded in Collin County |
|
Clerks #D20151215001560240 of said official public records; |
|
THENCE: North 00 degrees 31 minutes 54 seconds East, with the west |
|
line of said 26.030 acre tract, and generally along and near a |
|
barbed wire fence, a distance of 439.87 feet to a found capped iron |
|
rod by a pipe fence corner post for the northwest corner of said |
|
26.030 acre tract, same being the southwest corner of a called |
|
16.090 acre tract as described in deed to Scot H. Mcdonald et ux, |
|
Jill C. McDonald, filed 14 December 2001, and recorded in Collin |
|
County Clerks #D2001-0161490 of said official public records; |
|
THENCE: North 88 degrees 46 minutes 33 seconds East, with the north |
|
line of said 26.030 acre tract, and with a barbed wire fence, and |
|
passing at 2595.47 feet a pipe fence corner post on the west side of |
|
Farm to Market Road Number 455, and continuing on said course a |
|
total distance of 2597.47 feet to a found capped iron rod with a |
|
plastic cap marked RPLS 1849 on the west right of way tine of said |
|
road for the northeast corner of this tract, same being the |
|
northeast corner of said 26.030 acre tract, and said rod being the |
|
southeast corner of a called 10.037 acre tract as described in deed |
|
to Raju Gadirajy and Feng-Tzu Tsai, filed 14 June 2004, and recorded |
|
in Collin County Clerks #D2004-0086243 of said official public |
|
records; |
|
THENCE: South 00 degrees 14 minutes 10 seconds East, with the west |
|
line of said road, a distance of 417.70 feet to a set 1/2 inch rebar |
|
for a corner of this tract; |
|
THENCE: South 88 degrees 50 minutes 08 seconds West, and passing at |
|
450.61 feet a set 1/2 inch rebar, and continuing on said course a |
|
total distance of 633.56 feet to a set 1/2 inch rebar for an ell |
|
corner of this tract; |
|
THENCE: South 00 degrees 44 minutes 17 seconds East, a distance of |
|
817.09 feet to a set 1/2 inch rebar for an ell corner of this tract; |
|
THENCE: South 88 degrees 45 minutes 36 seconds East, and passing at |
|
120.6 feet a set 1/2 inch rebar, and continuing on said course, and |
|
passing at 140.6 feet a pipe fence corner post, and continuing on |
|
said course with a pipe fence, and passing at 631.77 feet a pipe |
|
fence corner post on the west side of said road, and continuing on |
|
said course a total distance of 633.07 feet to a set 1/2 inch rebar |
|
on the west right of way line of said road for a corner of this |
|
tract; |
|
THENCE: South 00 degrees 44 minutes 17 seconds East, with the west |
|
line of said road, a distance of 719.40 feet to a found concrete |
|
highway monument for a corner of this tract, said monument being the |
|
north corner of a called 0.5112 acre tract as described in deed to |
|
State of Texas, filed 03 April 2017, and recorded in Collin County |
|
Clerks #D2017043000416890 of said official public records; |
|
THENCE: South 06 degrees 53 minutes 35 seconds West, with the west |
|
line of said road, and with the west line of said State of Texas |
|
tract, a distance of 55.53 feet to a set 1/2 inch rebar for the most |
|
easterly southeast corner of this tract, from said rebar a found |
|
capped iron rod bears North 89 degrees 59 minutes 15 seconds East, a |
|
distance of 7.4 feet; |
|
THENCE: North 89 degrees 46 minutes 54 seconds West, and passing at |
|
0.9 feet a pipe fence corner post, and continuing on said course, |
|
with a barbed wire fence, a total distance of 571.78 feet to a pipe |
|
fence corner post of an inner ell corner of this tract; |
|
THENCE: South 05 degrees 25 minutes 28 seconds West, with a barbed |
|
wire fence, a distance of 562.01 feet to a pipe fence corner post |
|
for the most southerly southeast corner of this tract; |
|
THENCE: South 73 degrees 44 minutes 30 seconds West, with a barbed |
|
wire fence, a distance of 982.13 feet to a pipe fence corner post |
|
for an angle point of this tract; |
|
THENCE: South 84 degrees 56 minutes 30 seconds West, with a barbed |
|
wire fence, a distance of 804.70 feet to a pipe fence corner post |
|
for an angle point of this tract; |
|
THENCE: North 85 degrees 09 minutes 45 seconds West, with a barbed |
|
wire fence, and passing at 221.95 feet a pipe fence corner post, and |
|
continuing on said course a total distance of 224.41 feet to the |
|
POINT OF BEGINNING and containing 143.93 acres of land. |
|
Tract 4 |
|
LEGAL DESCRIPTION |
|
BEING a tract of land situated in the Thomas Stayton Survey, |
|
Abstract No. 805 Collin county, Texas and being part of a called |
|
54.809 acre tract conveyed to Lewis Dickerson as recorded in County |
|
Clerks No. 2010051000463340, Land Records of Collin County, Texas, |
|
and being more particularly described by metes and bounds as |
|
follows: |
|
BEGINNING at a 1/2" iron rod with yellow plastic capped |
|
stamped "4613" set for corner in the west line of said 54.809 acre |
|
tract, said iron rod being S 00°02'11" W a distance of 185.72' from a |
|
1/2" iron rod found for the northwest corner of said 54.809 acres; |
|
THENCE N 89°04'55" E a distance of 1400.14' to a mag nail set |
|
for corner in the east line of said 54.809 acre tract, said nail |
|
being in Business No. 289; |
|
THENCE S 00°44'54" W veering west from the road a distance of |
|
1770.34' to a point for corner; |
|
THENCE 5 11°19'55" W a distance of 534.39' to a point for |
|
corner; |
|
THENCE S 89°34'57" W a distance of 28.22' to a point for |
|
corner; |
|
THENCE N 10°32'31" E a distance of 695.27' to a point for |
|
corner; |
|
THENCE N 01°09'28" E a distance of 121.00' to a wood fence post |
|
found for corner; |
|
THENCE S 89°10'28" W a distance of 1110.80' to a wood fence |
|
post found for corner; |
|
THENCE N 57°00'00" W a distance of 300.66' to a wood fence post |
|
found for corner; |
|
THENCE N 00°10'07" W a distance of 262.10' to a 1/2" iron rod |
|
with yellow plastic capped stamped "4613" set for corner; |
|
THENCE N 00°39'54" W a distance of 843.67' to a wood fence post |
|
found for corner; |
|
THENCE N 00°02'11" E a distance of 213.97' to the POINT OF |
|
BEGINNING and containing 2,060,807 Square Feet or 47.310 Acres of |
|
land. |
|
Tract 5 |
|
Being a tract of land situated in the Thomas Stayton Survey, |
|
Abstract No. 805, Collin County, Texas and being the remainder of a |
|
called 79 acre tract of land (Tract III) described in Deed to G Bar |
|
7, LTD. as recorded in Document No. 2005-0015684 of the Official |
|
Public Real Property Records of Collin County, Texas, and being |
|
more particularly described herein as follows: |
|
BEGINNING at a "Mag" spike set in County Road 57 (a public road) and |
|
in the East line of a called 160 acres tract of land described in |
|
Deed to Billy Stelzer and Julia Stelzer as recorded in Instrument |
|
No. 20141006001089690 of the Official Public Records of Collin |
|
County, Texas for the Southwest corner of said Tract III; |
|
THENCE North 00 degrees 01 minutes 22 seconds East, with the West |
|
line of said Tract III, along said County Road 57, passing the |
|
Southeast corner of a called 5.00 acres tract of land described in |
|
Deed to the City of Celina as recorded in Volume 481, Page 230 of |
|
said Deed Records, continuing with the West line of said Tract III |
|
and the East line of said City of Celina tract, passing the |
|
Northeast corner thereof and continuing for a total distance of |
|
2,484.46 feet to a 5/8 inch iron rod with plastic cap stamped "PLS, |
|
INC" (typical) set on the Northeast side of a bend in said County |
|
Road 57 for the Northwest corner of said Tract III, and being in the |
|
South line of a called 52.039 acre tract of land described in Deed |
|
to Old Celina, LTD. as recorded in Instrument No. 20060815001168150 |
|
of said Official Public Records; |
|
THENCE North 89 degrees 45 minutes 53 seconds East, with the North |
|
line of said Tract III, passing the Southeast corner of said 52.039 |
|
acre tract and the Southwest corner of a called 50.363 acres tract |
|
of land described in Deed to Celina 50, LLC as recorded in |
|
Instrument No. 20190610000659920 of said Official Public Records, |
|
and continuing for a total distance of 1,385.31 feet to a 3/8 inch |
|
iron rod found for the Northeast corner of said Tract III and the |
|
Northwest corner of a called 54.804 acres tract of land (Tract Two) |
|
described in Deed to Dorothy Stambaugh and Lewis Dickerson as |
|
recorded in Instrument No. 20100510000463340 of said Official |
|
Public Records; |
|
THENCE with the East line of said Tract III and the West line of said |
|
Stambough tract, along and near an established fence line, the |
|
following courses and distances: |
|
South 00 degrees 39 minutes 47 seconds East, a distance of |
|
174.67 feet to a 5/8 inch iron rod set for corner; |
|
South 02 degrees 33 minutes 05 seconds West, a distance of |
|
145.60 feet to a 5/8 inch iron rod set for corner; |
|
South 02 degrees 09 minutes 55 seconds East, a distance of |
|
198.50 feet to a 5/8 inch iron rod set for corner; |
|
South 00 degrees 24 minutes 55 seconds East, a distance of |
|
725.00 feet to a 5/8 inch iron rod set for corner; |
|
South 00 degrees 09 minutes 55 seconds East, a distance of |
|
262.10 feet to a cross-tie fence corner post found for the Southwest |
|
corner of said Stambough tract and the Northwest corner of Lot 1, |
|
Block A of Celina 22 Addition recorded in Instrument |
|
20200128010000450 of said Official Public Records; |
|
THENCE South 00 degrees 01 minutes 02 seconds West, with the East |
|
line of said Tract III and the West line of Lot 1, passing the |
|
Southwest corner of said Lot 1 and the Northwest corner of Lot 2, |
|
Block A of said Celina 22 Addition, and continuing for a total |
|
distance of 672.08 feet to a 1/2 inch iron rod found for the |
|
Southwest corner of said Lot 2 and the Northwest corner of Lot 1, |
|
Block 1 of Snyder Addition as recorded in Instrument |
|
No. 20060511010001920 of said Official Public Records; |
|
THENCE South 00 degrees 08 minutes 55 seconds West, with the East |
|
line of said Tract III and the West line of said Snyder Addition, a |
|
distance of 297.31 feet to a 1/2 inch iron rod found in the North |
|
line of a 30 foot alleyway for the Southeast corner of said Tract |
|
III and the Southwest corner of said Snyder Addition; |
|
THENCE South 89 degrees 29 minutes 39 seconds West, with the South |
|
line of said Tract III and the North line of said 30 foot alleyway, a |
|
distance of 100.03 feet to a 1/2 inch iron rod found for the |
|
Southeast corner of a called 3.00 acres tract of land described in |
|
Deed to Whitney Elliot and Marc Elliot as recorded in Instrument |
|
No. 20181228001576130 of said Official Public Records; |
|
THENCE North 00 degrees 31 minutes 41 seconds West, with the East |
|
line of said Elliot tract, a distance of 315.13 feet to a 1/2 inch |
|
capped iron rod found for the Northeast corner of said Elliot tract; |
|
THENCE South 89 degrees 20 minutes 47 seconds West, with the North |
|
line of said Elliot tract, a distance of 414.83 feet to a 5/8 inch |
|
iron rod set for the Northwest corner of said Elliot tract; |
|
THENCE South 00 degrees 31 minutes 41 seconds East, with the West |
|
line of said Elliot tract, a distance of 314.99 feet to a 5/8 inch |
|
iron rod set in the South line of said Tract III and the North line |
|
of said 30 foot alleyway for the Southwest corner of said Elliot |
|
tract; |
|
THENCE South 89 degrees 21 minutes 57 seconds West, with the South |
|
line of said Tract III, a distance of 879.59 feet to the POINT OF |
|
BEGINNING and containing, within the metes and bounds herein |
|
recited, 76.224 acres of land, more or less. |
|
Tract 6 |
|
BEING A TRACT OF LAND LOCATED IN THE HENRY BENTLEY SURVEY, ABSTRACT |
|
NO. 124, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND |
|
DESCRIBED IN DEED TO MARK S. JOHNSON, RECORDED IN VOLUME 5038, PAGE |
|
7629, DEED RECORDS, COLLIN COUNTY, TEXAS AND BEING MORE |
|
PARTICULARLY DESCRIBED AS FOLLOWS: |
|
BEGINNING AT A 1/2-INCH IRON ROD FOUND IN THE EXISTING EAST |
|
RIGHT-OF-WAY LINE OF FARM-TO-MARKET ROAD (FM) 455, A VARIABLE WIDTH |
|
RIGHT-OF-WAY, AT THE WEST COMMON CORNER OF SAID JOHNSON TRACT AND A |
|
TRACT OF LAND DESCRIBED IN DEED TO MATTHEW D. KIRAN, RECORDED IN |
|
INSTRUMENT NO. 20070418000520430, OFFICIAL PUBLIC RECORDS, COLLIN |
|
COUNTY, TEXAS (O.P.R.C.C.T.); |
|
THENCE NORTH 89°18'26" EAST,LEAVING SAID EAST RIGHT-OF-WAY LINE AND |
|
ALONG THE COMMON LINE OF SAID JOHNSON TRACT AND SAID KIRAN TRACT, A |
|
DISTANCE OF 1,714.40 FEET TO A 3/8-INCH IRON ROD FOUND AT THE NORTH |
|
COMMON CORNER OF SAID JOHNSON TRACT AND A TRACT OF LAND DESCRIBED IN |
|
DEED TO JOE E. HACKNEY AND WIFE, HAZEL M. HACKNEY, RECORDED IN |
|
INSTRUMENT NO. 96-0063441, O.P.R.C.C.T., FROM WHICH A 1/2-INCH IRON |
|
ROD FOUND AT THE EAST COMMON CORNER OF SAID KIRAN TRACT AND SAID |
|
HACKNEY TRACT BEARS NORTH 89°19'06" EAST, A DISTANCE OF 900.24 FEET; |
|
THENCE SOUTH 00°39'47" WEST, ALONG THE COMMON LINE OF SAID JOHNSON |
|
TRACT AND SAID HACKNEY TRACT, A DISTANCE OF 476.67 FEET TO A |
|
1/2-INCH IRON ROD FOUND IN THE NORTH LINE OF A TRACT OF LAND |
|
DESCRIBED IN DEED TO OLD CELINA, LTD., RECORDED IN INSTRUMENT NO. |
|
20180323000355690, O.P.R.C.C.T., AT THE SOUTH COMMON CORNER OF SAID |
|
JOHNSON TRACT AND SAID HACKNEY TRACT, FROM WHICH A 3/8-INCH IRON ROD |
|
FOUND AT THE EAST COMMON CORNER OF SAID HACKNEY TRACT AND SAID OLD |
|
CELINA TRACT BEARS NORTH 89°28'43" EAST, A DISTANCE OF 910.17 FEET; |
|
THENCE SOUTH 87°38'51" WEST, ALONG THE COMMON LINE OF SAID JOHNSON |
|
TRACT AND THE OLD CELINA TRACT, A DISTANCE OF 58.03 FEET TO A |
|
1/2-IRON ROD FOUND AT THE NORTH COMMON CORNER OF SAID OLD CELINA |
|
TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO CELINA 428, L.P., |
|
RECORDED IN INSTRUMENT NO. 20070222000245920, O.P.R.C.C.T.; |
|
THENCE SOUTH 88°35'59" WEST, ALONG THE COMMON LINE OF SAID JOHNSON |
|
TRACT AND SAID CELINA 428 TRACT, A DISTANCE OF 589.16 FEET TO A |
|
1/2-INCH IRON ROD WITH A YELLOW CAP (ILLEGIBLE) FOUND AT THE NORTH |
|
COMMON CORNER OF SAID CELINA 428 TRACT AND TRACT OF LAND DESCRIBED |
|
IN DEED TO JC GOODMA NINVESTMENT GROUP, INC., RECORDED IN |
|
INSTRUMENT NO. 20200115000063450, O.P.R.C.C.T.; |
|
THENCE SOUTH 88°39'24" WEST, ALONG THE COMMON LINE OF SAID JOHNSON |
|
TRACT AND SAID JC GOODMAN INVESTMENT GROUP TRACT, A DISTANCE OF |
|
1,015.89 FEET TO A 5/8 INCH IRON ROD WITH A PINK PLASTIC CAP STAMPED |
|
"TXDOT" FOUND IN THE NEW EAST RIGHT-OF-WAY LINE OF SAID FM 455 AS |
|
ESTABLISHED BY DEED TO THE STATE OF TEXAS, RECORDED IN INSTRUMENT |
|
NO. 2017013000470220, O.P.R.C.C.T.; |
|
THENCE NORTH 06°44'04" WEST, ALONG SAID NEW EAST RIGHT-OF-WAY LINE, |
|
A DISTANCE OF 381.29 FEET TO A 5/8 INCH IRON ROD WITH A PINK PLASTIC |
|
CAP STAMPED "TXDOT" FOUND FOR CORNER IN THE EXISTING EAST |
|
RIGHT-OF-WAY LINE OF SAID FM 544; |
|
THENCE NORTH 00°43'02" WEST, ALONG SAID EXISTING EAST RIGHT-OF-WAY |
|
LINE, A DISTANCE OF 117.86 FEET TO THE POINT OF BEGINNING AND |
|
CONTAINING 825,624 SQUARE FEET OR 18.954 ACRES OF LAND, MORE OR |
|
LESS. |
|
Tract 7 |
|
BEING A TRACT OF LAND LOCATED IN THE BENJAMIN BREWTON SURVEY, |
|
ABSTRACT NO. 125, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF |
|
LAND DESCRIBED IN DEED TO MOODY RHINOCEROS, LLC, RECORDED IN |
|
INSTRUMENT NO. 20140606000572850, OFFICIAL PUBLIC RECORDS, COLLIN |
|
COUNTY, TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY DESCRIBED |
|
AS FOLLOWS: |
|
BEGINNING AT A 5/8-INCH IRON ROD WITH A CAP STAMPED "RPLS 5674" |
|
FOUND IN THE EAST RIGHT-OF-WAY LINE OF FARM-TO-MARKET ROAD 455, A |
|
90-FOOT RIGHT-OF-WAY, AT THE WEST COMMON CORNER OF SAID MOODY TRACT |
|
AND A TRACT OF LAND DESCRIBED IN DEED TO MATTHEW DILLON KIRAN, |
|
RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T., FROM |
|
WHICH A WOOD RIGHT-OF-WAY MARKER BEARS NORTH 58°16'44" WEST, A |
|
DISTANCE OF 1.45 FEET; |
|
THENCE NORTH 00°45'03" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A |
|
DISTANCE OF 498.59 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC |
|
CAP STAMPED "RPLS 5674" SET FOR CORNER, FROM WHICH A WOOD |
|
RIGHT-OF-WAY MARKER BEARS NORTH 02°35'45" WEST, A DISTANCE OF 26.41 |
|
FEET; |
|
THENCE NORTH 00°13'52" WEST, CONTINUING ALONG SAID EAST |
|
RIGHT-OF-WAY LINE, A DISTANCE OF 720.60 FEET TO A POINT FOR CORNER |
|
FROM WHICH A 3/4-INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF A |
|
TRACT OF LAND DESCRIBED IN DEED TO KIM CANNADY LEE, RECORDED IN |
|
VOLUME 4840, PAGE 1743, DEED RECORDS, COLLIN COUNTY, TEXAS, BEARS |
|
SOUTH 88°14'15" EAST, A DISTANCE OF 0.59 FEET AND FROM WHICH A |
|
3/8-INCH IRON ROD FOUND NEAR THE NORTHWEST CORNER OF SAID MOODY |
|
TRACT BEARS SOUTH 01°58'05"WEST, A DISTANCE OF 8.20 FEET AND FROM |
|
WHICH A 1/2-INCH IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID LEE |
|
TRACT BEARS NORTH 00°13'02" WEST, A DISTANCE OF 546.05 FEET; |
|
THENCE SOUTH 88°14'15" EAST, ALONG THE SOUTH LINE OF SAID LEE TRACT, |
|
A DISTANCE OF 2,627.99 FEET TO A 3/4-INCH IRON ROD FOUND IN THE WEST |
|
LINE OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA |
|
STELZER, CO-TRUSTEES OF THE STELZER REVOCABLE TRUST TRACT, RECORDED |
|
IN INSTRUMENT NO. 20141006001089690, O.P.R.C.C.T. AT THE SOUTHEAST |
|
CORNER OF SAID LEE TRACT, FROM WHICH A 1/2-INCH IRON ROD FOUND NEAR |
|
THE NORTHEAST CORNER OF SAID MOODY TRACT BEARS NORTH 00°39'40" WEST, |
|
A DISTANCE OF 7.67 FEET AND FROM WHICH A 5/8-INCH IRON ROD WITH A CAP |
|
(ILLEGIBLE) FOUND AT THE NORTHEAST CORNER OF SAID LEE TRACT BEARS |
|
NORTH 01°00'52" WEST, A DISTANCE OF 583.77 FEET; |
|
THENCE SOUTH 00°07'00" WEST, ALONG THE COMMON LINE OF SAID MOODY |
|
TRACT AND SAID STELZER TRACT, A DISTANCE OF 1,107.25 FEET TO A |
|
1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID MOODY |
|
TRACT AND SAID KIRAN TRACT; |
|
THENCE SOUTH 89°21'36" WEST, ALONG THE COMMON LINE OF SAID MOODY |
|
TRACT AND SAID KIRAN TRACT, A DISTANCE OF 1,299.36 FEET TO A |
|
5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "RPLS 5674" |
|
FOUND FOR CORNER; |
|
THENCE SOUTH 89°16'45" WEST, CONTINUING ALONG THE COMMON LINE OF |
|
SAID MOODY TRACT AND SAID KIRAN TRACT, A DISTANCE OF 1,315.87 FEET |
|
TO THE POINT OF BEGINNING AND CONTAINING 3,048,952 SQUARE FEET OR |
|
69.994 ACRES OF LAND, MORE OR LESS. |
|
Tract 8 |
|
LEGAL DESCRIPTION |
|
108.175 ACRES |
|
BEING a tract of land in the J. HEATH SURVEY, ABSTRACT NO. 387 and |
|
the J. RAGDALE SURVEY, ABSTRACT NO. 735, Collin County, Texas, and |
|
being that tract of land conveyed in Deed to JASC Investments Inc., |
|
according to the document of record filed in Document Number |
|
20160610000730460, Official Public Records, Collin County, Texas, |
|
and being more particularly described as follows; |
|
BEGINNING at a wooden fence post found for the common northwest |
|
corner of said JASC Investments Inc. tract and the southwest corner |
|
of that tract of land conveyed in Deed to Pair Of Dice Properties, |
|
LLC, according to the document of record filed in Document Number |
|
20181102001367960, Official Public Records, Collin County, Texas, |
|
and being in the east line of that tract of land conveyed in Deed to |
|
Dynavest Joint Venture, according to the document of record filed |
|
in Book 2288, Page 114, Deed Records, Collin County, Texas; |
|
THENCE N 89° 42' 34" E, with the common north line of said JASC |
|
Investments Inc. tract and the south line of said Pair Of Dice |
|
Properties, LLC tract, a distance of 1147.28 feet to a 1/2" iron rod |
|
found for the common southeast corner of said Pair Of Dice |
|
Properties, LLC tract and the southwest corner of that tract of land |
|
conveyed in Deed to Charles Ray Huddleston and Sherry Lynn |
|
Huddleston, according to the document filed of record in Volume |
|
1368, Page 368, Deed Records, Collin County, Texas; |
|
THENCE N 89° 56' 49" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Charles Ray |
|
Huddleston and Sherry Lynn Huddleston tract, a distance of 269.47 |
|
feet to a 3/8" iron rod found for the common southeast corner of |
|
said Charles Ray Huddleston and Sherry Lynn Huddleston tract and |
|
the southwest corner of that tract of land described as Tract I as |
|
conveyed in Deed to Rodney L. Steed and wife, Tommie S. Steed, |
|
according to the document of record filed in Book 4393. Page 0942, |
|
Official Public Records, Collin County, Texas, from which a 5/8" |
|
iron rod found bears N 05° 19' 33" W, 1.19'; |
|
THENCE N 89° 06' 37" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Rodney L. Steed |
|
and wife, Tommie S. Steed tract, a distance of 220.24 feet to a 1/2" |
|
iron rod found for the common southeast corner of said Rodney L. |
|
Steed and wife, Tommie S. Steed tract and the southwest corner of |
|
that tract of land described as Tract I as conveyed in Deed to |
|
Tommie S. Steed and Rodney L. Steed, according to the document of |
|
record filed in Document Number 20071011001400330, Official Public |
|
Records, Collin County, Texas; |
|
THENCE N 89° 35' 00" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Tommie S. Steed |
|
and Rodney L. Steed tract, a distance of 220.01 feet to a 1/2" iron |
|
rod found for the common southeast corner of said Tommie S. Steed |
|
and Rodney L. Steed tract and the southwest corner of that tract of |
|
land described as Steed Tract I as conveyed in Deed to Frances L. |
|
Steed, according to the documents of record filed in Document |
|
Number 20160323000342400, in Document Number 20151124001478820, |
|
and in Document Number 20150924001214890, Official Public Records, |
|
Collin County, Texas; |
|
THENCE N 89° 29' 11" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Frances L. Steed |
|
tract, a distance of 220.84 feet to a 1/2" iron rod found for the |
|
common southeast corner of said Frances L. Steed tract and the |
|
southwest corner of that tract of land conveyed in Deed to Jacki |
|
Cantrell, Co-Trustee of the Cantrell Family Trust; Kenny Cantrell, |
|
Co-Trustee of the Cantrell Family Trust; and Debbie Cantrell, |
|
Co-Trustee of the Cantrell Family Trust, according to the document |
|
of record filed in Document Number 20071205001624610, Official |
|
Public Records, Collin County, Texas; |
|
THENCE N 89° 45' 20" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Cantrell Family |
|
Trust tract, distance of 220.24 feet to a 1/2" iron rod found for |
|
the common southeast corner of said Cantrell Family Trust tract and |
|
the southwest corner of that tract of land conveyed in Deed to |
|
Celina Parkway 28 Partners, LTD, according to the document of |
|
record filed in Document Number 20170616000786060, Official Public |
|
Records, Collin County, Texas; |
|
THENCE N 89° 28' 39" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Celina Parkway 28 |
|
Partners, LTD, a distance of 161.26 feet to a 4" metal fence post |
|
found for the common northeast of said JASC Investments Inc. tract |
|
and the most southern southeast corner of said Celina Parkway 28 |
|
Partners, LTD and being in the west line of that tract of land |
|
conveyed in Deed to Leslie C. Hall and Spouse, Barbara P. Hall, |
|
according to the document of record filed in Document Number |
|
19920408000221690, Official Public Records, Collin County, Texas, |
|
from which a wooden fence post found for the common northwest corner |
|
of said Leslie C. Hall and Spouse, Barbara P. Hall tract and an |
|
interior ell corner of said Celina Parkway 28 Partners, LTD tract, |
|
bears N 01 01' 07" W, 145.26'; |
|
THENCE S 01° 00' 02" E, with the common east line of said JASC |
|
Investments Inc. tract and the west line of said Leslie C. Hall and |
|
Spouse, Barbara P. Hall tract, a distance of 199.15 feet to an 8" |
|
wooden fence post found for the common southwest corner of said |
|
Leslie C. Hall and Spouse, Barbara P. Hall tract and the northwest |
|
corner of that tract of land conveyed in Deed to Jerry David Oaks, |
|
according to the document of record filed in Document Number |
|
20110217000181560, Official Public Records, Collin County, Texas, |
|
from which a 1/2" iron rod found bears S 84° 26' 38" W, 2.58'; |
|
THENCE S 00° 23' 10" E, with the common east line of said JASC |
|
Investments Inc. tract and the west line of said Jerry David Oaks |
|
tract, a distance of 552.10 feet to a 1/2" iron rod found for the |
|
common southwest corner of said Jerry David Oaks tract and the |
|
northwest corner of that tract of land conveyed in Deed to Laddie |
|
Garner and wife, Joan Garner, according to the document of record |
|
filed in Book 3969, Page 3021, Official Public Records, Collin |
|
County, Texas, from which a metal fence post bears S 89° 54' 43" E, |
|
6.51'; |
|
THENCE S 00° 30' 47" E, with the common east line of said JASC |
|
Investments Inc. tract and the west line of said to Laddie Garner |
|
and wife, Joan Garner tract, a distance of 573.65 feet to a 1/2" |
|
iron rod with a yellow plastic cap stamped "DAA" set for the common |
|
interior ell corner of said JASC Investments Inc. tract and the |
|
southwest corner of said to Laddie Garner and wife, Joan Garner |
|
tract, from which a 1/2" iron pipe found bears S 88° 47' 55" W, |
|
2.61'; |
|
THENCE N 88° 47' 55" E, with the common north line said JASC |
|
Investments Inc. tract and the south line of said Laddie Garner and |
|
wife, Joan Garner tract a distance of 756.71 feet to a 1/2" iron rod |
|
found; |
|
THENCE S 89° 25' 38" E, continuing with the common line of said JASC |
|
Investments Inc. tract and said Laddie Garner and wife, Joan Garner |
|
tract, a distance of 447.04 feet to a 6" wooden fence post found; |
|
THENCE S 51° 55' 44" E, a distance of 65.81 feet to a wooden fence |
|
post found for the most easterly northeast corner of said JASC |
|
Investments Inc. tract and being in the west line of Farm-to-Market |
|
Road (FM) 455, a 90' right-of-way; |
|
THENCE S 00° 17' 07" E, with the common east line of said JASC |
|
Investments Inc. tract and west line of said Farm-to-Market Road |
|
(FM) 455, a distance of 945.84 feet to a 1/2" iron rod with a yellow |
|
plastic cap stamped "DAA" set for the southeast corner of said JASC |
|
Investments Inc. tract, said being the intersection of the west |
|
line of said FM 455 and the north line of County Road (CR) 9, from |
|
which a 6" wooden fence post bears S 89° 16' 10" W, 2.65'; |
|
THENCE S 89° 16' 10" W, with the common south line of said JASC |
|
Investments Inc. tract and the north line of said County Road (CR) |
|
9, a distance of 2,532.41 feet to a wooden fence post found for the |
|
southwest corner of said JASC Investments Inc. tract, said being in |
|
the east line of the above mentioned Dynavest Joint Venture tract; |
|
THENCE N 01° 29' 13" W, with the common west line of said JASC |
|
Investments Inc. tract and the east line of said Dynavest Joint |
|
Venture tract, a distance of 1,940.30 feet to a 1/2" iron rod with a |
|
red plastic cap stamped "PEISER-MANKIN" found for the common |
|
interior ell corner of said JASC Investments Inc. tract and the most |
|
easterly northeast corner of said Dynavest Joint Venture tract; |
|
THENCE S 88° 23' 39" W, with the common south line of said JASC |
|
Investments Inc. tract and the north line of said Dynavest Joint |
|
Venture tract, a distance of 1,140.47 feet to a 5/8" iron rod found |
|
the common most westerly southwest corner of said JASC Investments |
|
Inc. tract and an interior ell corner of said Dynavest Joint Venture |
|
tract; |
|
THENCE N 01° 16' 34" W, with the common west line of said JASC |
|
Investments Inc. tract and the east line of said Dynavest Joint |
|
Venture tract, a distance of 409.06 feet to the POINT OF BEGINNING, |
|
and containing 108.175 acres of land, more or less. |
|
Tract 9 |
|
BEING a tract of land situated in the Collin County School Land |
|
Survey, Abstract No. 170, Collin County, Texas, Collin County, |
|
Texas, and being all of a called 114.889 acre tract of land |
|
described in a Special Warranty Deed with Vendor's Lien to |
|
RCI-Celina 115 LP, as recorded in Instrument No. 20200306000332040 |
|
of the Official Public Records of Collin County, Texas, being all of |
|
a called 11.202 acre tract of land described in a Special Warranty |
|
Deed with Vendor's Lien to RCI-Celina 115 LP, as recorded in |
|
Instrument No. 20200306000332150 of the Official Public Records of |
|
Collin County, Texas, being all of a called 2.932 acre tract of land |
|
described in a General Warranty Deed with Vendor's Lien to |
|
RCI-Celina 115 LP, as recorded in Instrument No. 20200306000332120 |
|
of the Official Public Records of Collin County, Texas, being all of |
|
a called 0.479 acre tract of land described in a General Warranty |
|
Deed with Vendor's Lien to RCI-Celina 115 LP, as recorded in |
|
Instrument No. 20200306000332180 of the Official Public Records of |
|
Collin County, Texas, and also being all of a called 0.868 acre |
|
tract of land described as Tract 1 and all of a called 0.438 acre |
|
tract of land described as Tract 2 in a General Warranty Deed with |
|
Vendor's Lien to RCI-Celina 115 LP, as recorded in Instrument |
|
No. 20200306000332190 of the Official Public Records of Collin |
|
County, Texas, and also being all of Lots 1 through 5, Block 1, Lots |
|
1 and 2, Block 2, and Lot 1, Block 4 of Malone Addition, an |
|
unrecorded plat, and being more particularly described as follows: |
|
BEGINNING at the southeast corner of said 114.889 acre tract on the |
|
northerly right-of-way line of Malone Street, a variable width |
|
right-of-way, no record found; |
|
THENCE South 88°50'41" West, along the southerly line of said |
|
114.889 acre tract and the northerly right-of-way line of said |
|
Malone Street, a distance of 1212.59 feet to the southerly |
|
southwest corner of said 114.889 acre tract; |
|
THENCE departing the northerly right-of-way line of said Malone |
|
Street and continuing along the southerly line of said 114.889 acre |
|
tract, the following: |
|
North 2°00'20" West, a distance of 155.16 feet to an ell |
|
corner of said 114.889 acre tract; |
|
North 89°57'33" West, a distance of 457.72 feet to the |
|
northeast corner of said 0.479 acre tract; |
|
THENCE South 1°11'25" West, departing the southerly line of said |
|
114.889 acre tract and along the easterly line of said 0.479 acre |
|
tract, a distance of 208.88 feet to the southeast corner of said |
|
0.479 acre tract, being on the northerly right-of-way line of said |
|
Malone Street; |
|
THENCE North 89°56'31" West, along the southerly line of said 0.479 |
|
acre tract and the northerly right-of-way line of said Malone |
|
Street, a distance of 100.00 feet to the southwest corner of said |
|
0.479 acre tract; |
|
THENCE North 1°11'25" East, departing the northerly right-of-way |
|
line of said Malone Street and along the westerly line of said 0.479 |
|
acre tract, a distance of 208.85 feet to the northwest corner of |
|
said 0.479 acre tract, being on the southerly line of said 114.889 |
|
acre tract; |
|
THENCE North 89°57'33" West, along the southerly line of said |
|
114.889 acre tract, a distance of 234.93 feet to the northeast |
|
corner of said Tract 1; |
|
THENCE South 1°15'19" West, departing the southerly line of said |
|
114.889 acre tract and along the easterly line of said Tract 1, a |
|
distance of 187.69 feet to the southeast corner of said Tract 1, |
|
being on the northerly right-of-way line of said Malone Street; |
|
THENCE North 89°29'53" West, along the southerly line of said Tract |
|
1 and the northerly right-of-way line of said Malone Street, a |
|
distance of 200.00 feet to the southwest corner of said Tract 1, |
|
being on the easterly right-of-way line of a 20 foot wide alley; |
|
THENCE North 1°15'01" East, departing the northerly right-of-way |
|
line of said Malone Street, along the westerly line of said Tract 1 |
|
and the easterly right-of-way line of said 20 foot wide alley, a |
|
distance of 190.37 feet to the northwest corner of said Tract 1, |
|
common to the east end of the northerly terminus of said 20 foot |
|
wide alley, being on southerly line of aforesaid 2.932 acre tract; |
|
THENCE North 88°42'26" West, along the northerly terminus of said 20 |
|
foot wide alley and the southerly line of said 2.932 acre tract, a |
|
distance of 20.00 feet to the west end of said terminus, common to |
|
the northeast corner of aforesaid Tract 2; |
|
THENCE South 1°15'01" West, departing the southerly line of said |
|
2.932 acre tract, along the easterly line of said Tract 2 and the |
|
westerly right-of-way line of said 20 foot wide alley, a distance of |
|
190.64 feet to the southeast corner of said Tract 2, being on the |
|
northerly right-of-way line of said Malone Street; |
|
THENCE North 89°29'53" West, departing the westerly right-of-way |
|
line of said 20 foot wide alley, along the southerly line of said |
|
Tract 2 and the northerly right-of-way line of said Malone Street, a |
|
distance of 99.86 feet to the southwest corner of said Tract 2, |
|
being on the easterly line of said 2.932 acre tract; |
|
THENCE South 1°16'58" West, continuing along the northerly |
|
right-of-way line of said Malone Street and along the easterly line |
|
of said 2.932 acre tract, a distance of 17.01 feet to the southerly |
|
southeast corner of said 2.932 acre tract; |
|
THENCE North 88°45'14" West, continuing along the northerly |
|
right-of-way line of said Malone Street and along the southerly |
|
line of said 2.932 acre tract, a distance of 230.05 feet to the |
|
southwest corner of said 2.932 acre tract, being on the easterly |
|
right-of-way line of the St. Louis and San Francisco Railroad, a |
|
100 foot wide right-of-way; |
|
THENCE North 12°26'44" East, departing the northerly right-of-way |
|
line of said Malone Street, along the westerly line of said 2.932 |
|
acre tract and the easterly right-of-way line of said St. Louis and |
|
San Francisco Railroad, a distance of 387.82 feet to the northwest |
|
corner of said 2.932 acre tract, common to the northerly southwest |
|
corner of said 114.889 acre tract; |
|
THENCE North 12°26'19" East, along the westerly line of aforesaid |
|
114.889 acre tract and continuing along the easterly right-of-way |
|
line of said St. Louis and San Francisco Railroad, a distance of |
|
2792.89 feet to the northwest corner of said 114.889 acre tract; |
|
THENCE North 88°55'09" East, departing the easterly right-of-way |
|
line of said St. Louis and San Francisco Railroad and along the |
|
northerly line of said 114.889 acre tract, a distance of 1315.73 |
|
feet to the northeast corner of said 114.889 acre tract; |
|
THENCE along the easterly line of said 114.889 acre tract, the |
|
following: |
|
South 0°14'01" East, a distance of 915.38 feet to a point for |
|
corner; |
|
North 89°52'46" East, a distance of 70.06 feet to a point for |
|
corner; |
|
South 0°21'08" East, a distance of 416.20 feet to a point for |
|
corner; |
|
South 89°36'42" West, a distance of 133.06 feet to a point for |
|
corner; |
|
South 0°18'12" East, a distance of 245.29 feet to the |
|
northwest corner of aforesaid 11.202 acre tract; |
|
THENCE North 89°21'01" East, departing the easterly line of said |
|
114.889 acre tract and along the northerly line of said 11.202 acre |
|
tract, a distance of 321.10 feet to the northeast corner of said |
|
11.202 acre tract; |
|
THENCE along the easterly line of said 11.202 acre tract and the |
|
easterly line of said 114.889 acre tract, the following: |
|
South 1°16'12" East, a distance of 530.89 feet to a point for |
|
corner; |
|
North 88°43'48" East, a distance of 269.14 feet to a point for |
|
corner; |
|
South 2°04'32" East, a distance of 564.22 feet to a point for |
|
corner; |
|
South 0°24'08" West, a distance of 402.60 feet to the POINT OF |
|
BEGINNING and containing 130.809 acres (5,698,027 square feet) of |
|
land, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
7909A, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7909A.0307 to read as |
|
follows: |
|
Sec. 7909A.0307. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect September 1, 2021. |
|
|
|
* * * * * |