89(R) SB 3048 - Engrossed version



	By: Birdwell	S.B. No. 3048

A BILL TO BE ENTITLED

relating to the creation of the Bluebonnet Hills Municipal

Management District No. 1; providing authority to issue bonds;

providing authority to impose assessments, fees, and taxes;

granting a limited power of eminent domain.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 4016 to read as follows:

CHAPTER 4016. BLUEBONNET HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 4016.0101. DEFINITIONS. In this chapter:

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

(2) "City" means the City of Midlothian.

(3) "Director" means a board member.

(4) "District" means the Bluebonnet Hills Municipal

Management District No. 1.

Sec. 4016.0102. NATURE OF DISTRICT. The Bluebonnet Hills

Municipal Management District No. 1 is a special district created

under Section 59, Article XVI, Texas Constitution.

Sec. 4016.0103. PURPOSE; DECLARATION OF INTENT. (a) The

creation of the district is essential to accomplish the purposes of

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution, and other public purposes stated in this

chapter.

(b) By creating the district and in authorizing the city and

other political subdivisions to contract with the district, the

legislature has established a program to accomplish the public

purposes set out in Section 52-a, Article III, Texas Constitution.

develop, encourage, and maintain employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

(d) This chapter and the creation of the district may not be

interpreted to relieve the city from providing the level of

services provided as of the effective date of the Act enacting this

chapter to the area in the district. The district is created to

supplement and not to supplant city services provided in the

district.

Sec. 4016.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

(a) All land and other property included in the district will

benefit from the improvements and services to be provided by the

district under powers conferred by Sections 52 and 52-a, Article

III, and Section 59, Article XVI, Texas Constitution, and other

powers granted under this chapter.

(b) The district is created to serve a public use and

benefit.

and is essential to further the public purposes of:

(1) developing and diversifying the economy of the

state;

(2) eliminating unemployment and underemployment; and

(3) developing or expanding transportation and

commerce.

(d) The district will:

(1) promote the health, safety, and general welfare of

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the district territory as a community and business center;

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty;

and

(4) provide for water, wastewater, drainage, road, and

recreational facilities for the district.

(e) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, parking, and street art objects are parts of and

necessary components of a street and are considered to be a street

or road improvement.

(f) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 4016.0105. INITIAL DISTRICT TERRITORY. (a) The

district is initially composed of the territory described by

Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of

the Act enacting this chapter form a closure. A mistake in the

field notes or in copying the field notes in the legislative process

does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bonds for the purposes

for which the district is created or to pay the principal of and

interest on the bonds;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. 4016.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.

All or any part of the area of the district is eligible to be

included in:

(1) a tax increment reinvestment zone created under

Chapter 311, Tax Code; or

(2) a tax abatement reinvestment zone created under

Chapter 312, Tax Code.

Sec. 4016.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 4016.0108. CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed in conformity with the findings and

purposes stated in this chapter.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 4016.0201. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors who serve staggered

terms of four years.

(b) Directors are elected in the manner provided by

Subchapter D, Chapter 49, Water Code.

Sec. 4016.0202. COMPENSATION; EXPENSES. (a) The district

may compensate each director in an amount not to exceed $150 for

each board meeting. The total amount of compensation for each

director in one year may not exceed $7,200.

(b) A director is entitled to reimbursement for necessary

and reasonable expenses incurred in carrying out the duties and

responsibilities of the board.

not apply to the board.

Sec. 4016.0203. INITIAL DIRECTORS. (a) The initial board

consists of the following directors:

Pos. No.

Name of Director

Jake Weaver

Cassie Wagner

Dylan Suhy

Melanie Wright

Haley Sheffield

(b) Of the initial directors, the terms of directors

appointed for positions one through three expire June 1, 2027, and

the terms of directors appointed for positions four and five expire

June 1, 2029.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 4016.0301. GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 4016.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The

district, using any money available to the district for the

purpose, may provide, design, construct, acquire, improve,

relocate, operate, maintain, or finance an improvement project or

service authorized under this chapter or under Chapter 375, Local

Government Code.

(b) The district may contract with a governmental or private

entity to carry out an action under Subsection (a).

governmental function or service for the purposes of Chapter 791,

Government Code.

Sec. 4016.0303. NONPROFIT CORPORATION. (a) The board by

resolution may authorize the creation of a nonprofit corporation to

assist and act for the district in implementing a project or

providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered to be a local

government corporation created under Subchapter D, Chapter 431,

Transportation Code; and

(2) may implement any project and provide any service

authorized by this chapter.

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as the board of directors

of a local government corporation created under Subchapter D,

Chapter 431, Transportation Code, except that a board member is not

required to reside in the district.

Sec. 4016.0304. LAW ENFORCEMENT SERVICES. To protect the

public interest, the district may contract with a qualified party,

including the city, to provide law enforcement services in the

district for a fee.

Sec. 4016.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.

The district may join and pay dues to a charitable or nonprofit

organization that performs a service or provides an activity

consistent with the furtherance of a district purpose.

Sec. 4016.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The

district may engage in activities that accomplish the economic

development purposes of the district.

(b) The district may establish and provide for the

administration of one or more programs to promote state or local

economic development and to stimulate business and commercial

activity in the district, including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

and exercise the economic development powers provided to

municipalities by:

(1) Chapter 380, Local Government Code; and

(2) Subchapter A, Chapter 1509, Government Code.

Sec. 4016.0307. PARKING FACILITIES. (a) The district may

acquire, lease as lessor or lessee, construct, develop, own,

operate, and maintain parking facilities or a system of parking

facilities, including lots, garages, parking terminals, or other

structures or accommodations for parking motor vehicles off the

streets and related appurtenances.

(b) The district's parking facilities serve the public

purposes of the district and are owned, used, and held for a public

purpose even if leased or operated by a private entity for a term of

years.

necessary components of a street and are considered to be a street

or road improvement.

(d) The development and operation of the district's parking

facilities may be considered an economic development program.

Sec. 4016.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of directors'

signatures and the procedure required for a disbursement or

transfer of district money.

Sec. 4016.0309. ADDING OR EXCLUDING LAND. Except as

provided by Section 4016.0310, the district may add or exclude land

in the manner provided by Subchapter J, Chapter 49, Water Code, or

by Subchapter H, Chapter 54, Water Code.

Sec. 4016.0310. DIVISION OF DISTRICT. (a) The district may

be divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) This chapter applies to any new district created by the

division of the district, and a new district has all the powers and

duties of the district.

may not, at the time the new district is created, contain any land

outside the area described by Section 2 of the Act enacting this

chapter.

(d) The board, on its own motion or on receipt of a petition

signed by the owner or owners of a majority of the assessed value of

the real property in the district, may adopt an order dividing the

district.

(e) An order dividing the district must:

(1) name each new district;

(2) include the metes and bounds description of the

territory of each new district;

(3) appoint initial directors for each new district;

and

(4) provide for the division of assets and liabilities

between or among the new districts.

(f) On or before the 30th day after the date of adoption of

an order dividing the district, the district shall file the order

with the Texas Commission on Environmental Quality and record the

order in the real property records of each county in which the

district is located.

(g) Any new district created by the division of the district

must hold an election as required by this chapter to obtain voter

approval before the district may impose a maintenance tax or issue

bonds payable wholly or partly from ad valorem taxes.

(h) Municipal consent to the creation of the district and to

the inclusion of land in the district granted under Section

4016.0506 acts as municipal consent to the creation of any new

district created by the division of the district and to the

inclusion of land in the new district.

Sec. 4016.0311. EMINENT DOMAIN. The district may exercise

the power of eminent domain in the manner provided by Section

49.222, Water Code.

SUBCHAPTER D. ASSESSMENTS

Sec. 4016.0401. PETITION REQUIRED FOR FINANCING SERVICES

AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a

service or improvement project with assessments under this chapter

unless a written petition requesting that service or improvement

has been filed with the board.

(b) A petition filed under Subsection (a) must be signed by

the owners of a majority of the assessed value of real property in

the district subject to assessment according to the most recent

certified tax appraisal roll for the county.

Sec. 4016.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)

The board by resolution may impose and collect an assessment for any

purpose authorized by this chapter in all or any part of the

district.

(b) An assessment, a reassessment, or an assessment

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1) are a first and prior lien against the property

assessed;

(2) are superior to any other lien or claim other than

a lien or claim for county, school district, or municipal ad valorem

taxes; and

(3) are the personal liability of and a charge against

the owners of the property even if the owners are not named in the

assessment proceedings.

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that the

board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment of

any parcel of land without providing notice and holding a hearing in

the manner required for additional assessments.

SUBCHAPTER E. TAXES AND BONDS

Sec. 4016.0501. TAX ELECTION REQUIRED. (a) The district

must hold an election in the manner provided by Chapter 49, Water

Code, or, if applicable, Chapter 375, Local Government Code, to

obtain voter approval before the district may impose an ad valorem

tax.

(b) Section 375.243, Local Government Code, does not apply

to the district.

Sec. 4016.0502. OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election under Section 4016.0501, the district may impose an

operation and maintenance tax on taxable property in the district

in the manner provided by Section 49.107, Water Code, for any

district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b) The board shall determine the operation and maintenance

tax rate. The rate may not exceed the rate approved at the

election.

Sec. 4016.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE

BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on

terms determined by the board.

(b) The district may issue, by public or private sale,

bonds, notes, or other obligations payable wholly or partly from ad

valorem taxes, assessments, impact fees, revenue, contract

payments, grants, or other district money, or any combination of

those sources of money, to pay for any authorized district purpose.

bonds, notes, or other obligations payable wholly or partly from

assessments in the manner provided by Subchapter A, Chapter 372,

Local Government Code, if the improvement financed by the

obligation issued under this section will be conveyed to or

operated and maintained by a municipality or other retail utility

provider pursuant to an agreement with the district entered into

before the issuance of the obligation.

Sec. 4016.0504. BONDS SECURED BY REVENUE OR CONTRACT

PAYMENTS. The district may issue, without an election, bonds

secured by:

(1) revenue other than ad valorem taxes, including

contract revenues; or

(2) contract payments, provided that the requirements

of Section 49.108, Water Code, have been met.

Sec. 4016.0505. BONDS SECURED BY AD VALOREM TAXES;

ELECTIONS. (a) If authorized at an election under Section

4016.0501, the district may issue bonds payable from ad valorem

taxes.

(b) At the time the district issues bonds payable wholly or

partly from ad valorem taxes, the board shall provide for the annual

imposition of a continuing direct annual ad valorem tax, without

limit as to rate or amount, for each year that all or part of the

bonds are outstanding as required and in the manner provided by

Sections 54.601 and 54.602, Water Code.

may be acquired by a district by the issuance of its bonds may be

submitted as a single proposition or as several propositions to be

voted on at the election.

Sec. 4016.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The

board may not issue bonds until each municipality in whose

corporate limits or extraterritorial jurisdiction the district is

located has consented by ordinance or resolution to the creation of

the district and to the inclusion of land in the district as

required by applicable law.

(b) This section applies only to the district's first

issuance of bonds payable from ad valorem taxes.

SUBCHAPTER I. DISSOLUTION

Sec. 4016.0901. DISSOLUTION. (a) The board shall dissolve

the district on written petition filed with the board by the owners

of:

(1) at least two-thirds of the assessed value of the

property subject to assessment by the district based on the most

recent certified county property tax rolls; or

(2) at least two-thirds of the surface area of the

district, excluding roads, streets, highways, utility

rights-of-way, other public areas, and other property exempt from

assessment by the district according to the most recent certified

county property tax rolls.

(b) The board by majority vote may dissolve the district at

any time.

Subsection (a) or (b) if the district:

(1) has any outstanding bonded indebtedness until that

bonded indebtedness has been repaid or defeased in accordance with

the order or resolution authorizing the issuance of the bonds;

(2) has a contractual obligation to pay money until

that obligation has been fully paid in accordance with the

contract; or

(3) owns, operates, or maintains public works,

facilities, or improvements unless the district contracts with

another person for the ownership, operation, or maintenance of the

public works, facilities, or improvements.

(d) Sections 375.261, 375.262, and 375.264, Local

Government Code, do not apply to the district.

SECTION 2. The Bluebonnet Hills Municipal Management

District No. 1 initially includes all territory contained in the

following area:

TRACT 1:

Being a tract of land situated in the John Chamblee Survey, Abstract

No. 192, in the M.E.P. & P. Railroad Survey, Abstract No. 761 and in

the Allen Reeves Survey, Abstract No. 939, Ellis County, Texas, and

being part of a called 367.8751 acre tract of land conveyed to

Fulson Midlothian Partners I, LP by deed recorded in Volume 2220,

Page 194, Official Public Records, Ellis County, Texas and part of a

145.15 acre tract of land conveyed to Fulson Midlothian Partners I,

LP by deed recorded in Volume 2214, Page 2136, Deed Records, Ellis

County, Texas and being more particularly described as follows:

Beginning at a 1/2" iron pin found with orange cap stamped

"8172753361" on the northwest line of said 367.8751 acre tract, on

the southeast line of a 406.638 acre tract of land conveyed to One

Windsor Hills, LP by deed recorded in Volume 2206, Page 1415, Deed

Records, Ellis County, Texas and being the north corner of Tract 4,

a 9.607 acre tract of land conveyed to Kruthin, LLC by deed recorded

in Instrument No. 2136939, Official Public Records, Ellis County,

Texas;

Thence, North 58°46'14" East, along the northwest line of said

367.8751 acre tract and the southeast line of said 406.638 acre

tract, a distance of 3299.91 feet to a 1/2" iron pin set with yellow

cap stamped "CCG INC RPLS 5129" for an east corner of said 406.638

acre tract and a re-entrant corner of said 367.8751 acre tract;

Thence, North 30°05'16" West, along an easterly line of said 406.638

acre tract and a westerly line of said 367.8751 acre tract, a

distance of 291.53 feet to a 1/2" iron pin set with yellow cap

stamped "CCG INC RPLS 5129" for the northwest corner of said

367.8751 acre tract and being on the south line of Kimble Road (no

recorded R.O.W.);

Thence, North 73°16'08" East, along the northerly line of said

367.8751 acre tract and the southerly line of said Kimble Road, a

distance of 1043.50 feet to a 1/2" iron pin set with yellow cap

stamped "CCG INC RPLS 5129" for the northeast corner of said

367.8751 acre tract and the northwest corner of Tract II, a 239.022

acre tract of land conveyed to Cann Real Estates, LTD. By deed

recorded in Volume 1659, Page 719, Deed Records, Ellis County,

Texas, said point being South 44°38'47" East, a distance of 6.30

feet from a 1/2" iron pin found;

Thence, South 28°18'19" East, along the easterly line of said

367.8751 acre tract and the westerly line of said 239.022 acre

tract, a distance of 1164.51 feet to a mag nail found in wood post

for corner;

Thence, South 23°33'43" East, along the easterly line of said

367.8751 acre tract and the westerly line of said 239.022 acre

tract, passing at a distance of 2774.10 feet to a 1/2" iron pin

found with red cap stamped "GEER RPLS 4117" for a northeast corner

of said 145.15 acre tract and continuing for a total distance of

2820.97 feet to a 1/2" iron pin found for the southwest corner of

said 239.022 acre tract and a re-entrant corner of said 145.15 acre

tract;

Thence, North 55°33'31" West, a distance of 802.05 feet to a 1/2"

iron pin found with pink cap stamped "8172753361" for corner;

Thence, South 49°51'21" West, a distance of 1279.89 feet to a 1/2"

iron pin set with yellow cap stamped "CCG INC RPLS 5129" for corner

on the northwest line of Tract 8, a 26.698 acre tract of land

conveyed to Kruthin, LLC by deed recorded in Instrument

No. 2136939, Official Public Records, Ellis County, Texas;

Thence, North 45°24'41" West, a distance of 39.61 feet to a 1/2" iron

pin set with yellow cap stamped "CCG INC RPLS 5129" for the south

corner of a 26.861 acre tract of land conveyed to Canvas Midlothian

I Owner, LLC by deed recorded in Instrument No. 2156284, Official

Public Records, Ellis County, Texas;

Thence, North 44°35'09" East, along the southeast line of said

26.861 acre tract, a distance of 78.68 feet to a 1/2" iron pin set

with yellow cap stamped "CCG INC RPLS 5129" for the beginning of a

curve to the left having a central angle of 82°02'57", a radius of

955.00 feet and a chord bearing of North 03°33'51" East, a distance

of 1253.69 feet;

Thence, northeasterly, along the easterly line of said 26.861 acre

tract and said curve to the left, an arc distance of 1367.59 feet to

a 1/2" iron pin set with yellow cap stamped "CCG INC RPLS 5129" for

the end of said curve;

Thence, North 37°27'37" West, along the easterly line of said 26.861

acre tract, a distance of 16.23 feet to a 1/2" iron pin set with

yellow cap stamped "CCG INC RPLS 5129" for the northeast corner of

said 26.861 acre tract;

Thence, South 82°50'47" West, along the north line of said 26.861

acre tract, a distance of 1059.46 feet to a 1/2" iron pin set with

yellow cap stamped "CCG INC RPLS 5129" for the northwest corner of

said 26.861 acre tract;

Thence, South 07°09'13" East, along the west line of said 26.861

acre tract, a distance of 763.01 feet to a 1/2" iron pin set with

yellow cap stamped "CCG INC RPLS 5129" for the southwest corner of

said 26.861 acre tract;

Thence, North 74°43'29" West, a distance of 86.40 feet to a 1/2" iron

pin set with yellow cap stamped "CCG INC RPLS 5129" for the

beginning of a curve to the left having a central angle of 16°12'38",

a radius of 850.00 feet and a chord bearing of North 82°49'43" West,

a distance of 239.69 feet;

Thence, northwesterly, along said curve to the left, an arc

distance of 240.49 feet to a 1/2" iron pin set with yellow cap

stamped "CCG INC RPLS 5129" for corner on the east line of Tract

III, a 2.599 acre tract of land conveyed to Shiloh C.C., Inc. by

deed recorded in Instrument No. 1926898, Official Public Records,

Ellis County, Texas;

Thence, North 07°32'48" West, along the east line of said Tract III

and the east line of Tract II, a 5.002 acre tract of land conveyed to

Shiloh C.C., Inc. by deed recorded in Instrument No. 1926898,

Official Public Records, Ellis County, Texas, a distance of 715.95

feet to a 1/2" iron pin found for the northeast corner of said Tract

II;

Thence, South 82°27'14" West, along the north line of said Tract II

and the north line of Tract I, a 0.931 acre tract of land conveyed to

Shiloh C.C., Inc. by deed recorded in Instrument No. 1926898,

Official Public Records, Ellis County, Texas, a distance of 869.58

feet to a 1/2" iron pin set with yellow cap stamped "CCG INC RPLS

5129" for the west corner of said Tract I and on the northeast line

of Padera Lakeside Addition, an addition to the City of Midlothian,

Texas, according to the plat thereof recorded in Cabinet J, Page

335, Plat Records, Ellis County, Texas;

Thence, North 60°16'52" West, along the northeast line of said

Padera Lakeside Addition, a distance of 130.64 feet to a 1/2" iron

pin set with yellow cap stamped "CCG INC RPLS 5129" for the north

corner of said Padera Lakeside Addition;

Thence, North 60°28'03" West, a distance of 31.09 feet to a 1/2" iron

pin found with pink cap stamped "DTS 8172753361" for corner;

Thence, North 72°02'20" West, a distance of 601.32 feet to a 1/2"

iron pin found with pink cap stamped "DTS 8172753361" for corner;

Thence, South 62°49'32" West, a distance of 458.28 feet to a 1/2"

iron pin found with pink cap stamped "DTS 8172753361" for corner;

Thence, South 06°55'23" East, a distance of 559.76 feet to a 1/2"

iron pin found for corner on the northeast right-of-way line of U.S.

Highway No. 287 (variable width R.O.W.);

Thence, North 63°21'02" West, along the northeast right-of-way line

of U.S. Highway No. 287 (variable width R.O.W.), a distance of

79.31 feet to a concrete monument found for corner;

Thence, North 60°52'22" West, along the northeast right-of-way line

of U.S. Highway No. 287 (variable width R.O.W.), a distance of

66.98 feet to a 1/2" iron pin found with orange cap stamped

"8172753361" for the southeast corner of said Tract 4, a 9.607 acre

tract;

Thence, North 07°06'20" West, along the east line of said Tract 4, a

distance of 493.69 feet to a 1/2" iron pin found with orange cap

stamped "8172753361" for corner;

Thence, North 50°07'14" West, along the northeast line of said Tract

4, a distance of 431.52 feet to a 1/2" iron pin found with orange cap

stamped "8172753361" for corner;

Thence, North 00°27'34" West, along the east line of said Tract 4, a

distance of 276.56 feet to the Point of Beginning and containing

8,974,410 square feet or 206.024 acres of land.

TRACT 2:

BEING a tract of land situated in the Allen Reeves Survey, Abstract

Number 939, the John Chamblee Survey, Abstract Number 192 and the

J.B. Littlepage Survey, Abstract Number 643, Ellis County, Texas

and being all of a tract of land described by deed to Cann Real

Estate, LTD. recorded in Volume 1659, Page 719 (Tract II) of the

Deed Records Ellis County, Texas, and being more particularly

described as follows:

BEGINNING at a Flat iron blade found in a field for the southwest

corner of said Cann tract, said point also lying on the northerly

line of a tract of land to Fulsom Midlothian Partners, L.P. recorded

in Volume 2214, Page 2136 of said Deed Records at an inner ell

corner of same;

THENCE North 23 degrees 33 minutes 29 seconds West along the west

line of said Cann tract passing a 1/2 inch iron rod with cap stamped

"R.P.L.S. 4117" found for a northerly corner of said Fulsom tract,

same being the most northerly southeast corner of a tract of land to

Fulsom Midlothian Partners, L.P. recorded in Volume 2220, Page 194

of said Deed Records at a distance of 46.53 feet, and continuing

along the common line of said Cann tract and said Fulsom tract

recorded in Volume 2220, Page 194, a total a distance of 2820.45

feet to a MAG NAIL found in a wood fence post at an angle point on

said common line;

THENCE North 28 degrees 23 minutes 56 seconds West continuing along

said common line and generally along a barbed wire fence, a distance

of 1170.80 feet to 5/8 inch iron rod found in a dirt drive at the

general projection of the near center of Auger Road for the

northwest corner of said Cann tract, the northeast corner of said

Fulsom tract recorded in Volume 2220, Page 194 and lying on the

south line of a tract of land to One Windsor Hills, L.P. recorded in

Volume 2181, Page 1640 of said Deed Records;

THENCE along the northerly line of said Cann tract and generally

along Auger Road the following courses and distances;

North 74 degrees 39 minutes 18 seconds East, a distance of 8.56 feet

to 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for

corner;

THENCE North 77 degrees 59 minutes 17 seconds East passing the

southwest corner of a tract of land to One Windsor Hills, L.P.

recorded in Volume 2202, Page 1293 of said Deed Records, and

continuing a total distance of 497.21 feet to 1/2 inch iron rod

found for corner:

South 84 degrees 33 minutes 17 seconds East, a distance of 619.13

feet to 1/2 inch iron rod found for corner;

North 81 degrees 34 minutes 16 seconds East, a distance of 521.44

feet to 1/2 inch iron rod found for the southeast corner of said One

Windsor Hills, L.P. recorded in Volume 2202, Page 1293 and the

southwest corner of a tract of land to The City of Midlothian

recorded in Volume 491, Page 81 of said Deed Records;

North 84 degrees 21 minutes 49 seconds East along the common line of

said Cann tract and said City tract, a distance of 205.64 feet to

1/2 inch iron rod found for corner;

North 88 degrees 25 minutes 58 seconds East continuing along said

common line, a distance of 829.02 feet to a 5/8 inch iron rod with

cap stamped "R.P.L.S. 5430" set for the northeast corner of said

Cann tract and the southeast corner of said City tract;

South 00 degrees 46 minutes 10 seconds East a distance of 976.31

feet to 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for

corner;

South 89 degrees 57 minutes 42 seconds East a distance of 142.80

feet to 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for

corner;

THENCE South 58 degrees 00 minutes 17 seconds East departing Auger

Road and passing the northwest corner of Overlook Estates IV an

addition to The City of Midlothian as recorded in Cabinet F, Page

187 of the Plat Records of Ellis County, Texas, a total distance of

301.58 feet to 1/2 inch iron rod stamped "N.D.M." found for corner;

THENCE along the common line of said Cann tract and said Overlook

Estates the following courses and distances;

South 63 degrees 43 minutes 33 seconds East, a distance of 214.61

feet to 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for

corner;

South 41 degrees 22 minutes 28 seconds East, a distance of 66.05