Texas 2009 - 81st Regular

Texas House Bill HB4702 Compare Versions

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11 81R4493 HLT-F
22 By: Laubenberg H.B. No. 4702
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Sienna Ranch Municipal Utility
88 District No. 1 of Collin County; providing authority to impose a tax
99 and issue bonds; granting a limited power of eminent domain.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1212 Code, is amended by adding Chapter 8305 to read as follows:
1313 CHAPTER 8305. SIENNA RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
1414 COLLIN COUNTY
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 8305.001. DEFINITIONS. In this chapter:
1717 (1) "Board" means the district's board of directors.
1818 (2) "Director" means a board member.
1919 (3) "District" means the Sienna Ranch Municipal
2020 Utility District No. 1 of Collin County.
2121 Sec. 8305.002. NATURE OF DISTRICT. The district is a
2222 municipal utility district created under Section 59, Article XVI,
2323 Texas Constitution.
2424 Sec. 8305.003. CONFIRMATION AND DIRECTORS' ELECTION
2525 REQUIRED. The temporary directors shall hold an election to
2626 confirm the creation of the district and to elect five permanent
2727 directors as provided by Section 49.102, Water Code.
2828 Sec. 8305.004. CONSENT OF MUNICIPALITY AND ANNEXATION INTO
2929 CORPORATE LIMITS REQUIRED. The temporary directors may not hold an
3030 election under Section 8305.003 until:
3131 (1) the City of Nevada has consented by ordinance or
3232 resolution to the creation of the district and to the inclusion of
3333 land in the district; and
3434 (2) all of the territory of the district has been
3535 annexed into the corporate limits of the city of Nevada.
3636 Sec. 8305.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
3737 The district is created to serve a public purpose and benefit.
3838 (b) The district is created to accomplish the purposes of:
3939 (1) a municipal utility district as provided by
4040 general law and Section 59, Article XVI, Texas Constitution; and
4141 (2) Section 52, Article III, Texas Constitution, that
4242 relate to the construction, acquisition, improvement, operation,
4343 or maintenance of macadamized, graveled, or paved roads, or
4444 improvements, including storm drainage, in aid of those roads.
4545 Sec. 8305.006. INITIAL DISTRICT TERRITORY. (a) The
4646 district is initially composed of the territory described by
4747 Section 2 of the Act creating this chapter.
4848 (b) The boundaries and field notes contained in Section 2 of
4949 the Act creating this chapter form a closure. A mistake made in the
5050 field notes or in copying the field notes in the legislative process
5151 does not affect the district's:
5252 (1) organization, existence, or validity;
5353 (2) right to issue any type of bond for the purposes
5454 for which the district is created or to pay the principal of and
5555 interest on a bond;
5656 (3) right to impose a tax; or
5757 (4) legality or operation.
5858 [Sections 8305.007-8305.050 reserved for expansion]
5959 SUBCHAPTER B. BOARD OF DIRECTORS
6060 Sec. 8305.051. GOVERNING BODY; TERMS. (a) The district is
6161 governed by a board of five elected directors.
6262 (b) Except as provided by Section 8305.052, directors serve
6363 staggered four-year terms.
6464 Sec. 8305.052. TEMPORARY DIRECTORS. (a) On or after the
6565 effective date of the Act creating this chapter, the owner or owners
6666 of a majority of the assessed value of the real property in the
6767 district may submit a petition to the Texas Commission on
6868 Environmental Quality requesting that the commission appoint as
6969 temporary directors the five persons named in the petition. The
7070 commission shall appoint as temporary directors the five persons
7171 named in the petition.
7272 (b) Temporary directors serve until the earlier of:
7373 (1) the date permanent directors are elected under
7474 Section 8305.003; or
7575 (2) the fourth anniversary of the effective date of
7676 the Act creating this chapter.
7777 (c) If permanent directors have not been elected under
7878 Section 8305.003 and the terms of the temporary directors have
7979 expired, successor temporary directors shall be appointed or
8080 reappointed as provided by Subsection (d) to serve terms that
8181 expire on the earlier of:
8282 (1) the date permanent directors are elected under
8383 Section 8305.003; or
8484 (2) the fourth anniversary of the date of the
8585 appointment or reappointment.
8686 (d) If Subsection (c) applies, the owner or owners of a
8787 majority of the assessed value of the real property in the district
8888 may submit a petition to the commission requesting that the
8989 commission appoint as successor temporary directors the five
9090 persons named in the petition. The commission shall appoint as
9191 successor temporary directors the five persons named in the
9292 petition.
9393 [Sections 8305.053-8305.100 reserved for expansion]
9494 SUBCHAPTER C. POWERS AND DUTIES
9595 Sec. 8305.101. GENERAL POWERS AND DUTIES. The district has
9696 the powers and duties necessary to accomplish the purposes for
9797 which the district is created.
9898 Sec. 8305.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9999 DUTIES. The district has the powers and duties provided by the
100100 general law of this state, including Chapters 49 and 54, Water Code,
101101 applicable to municipal utility districts created under Section 59,
102102 Article XVI, Texas Constitution.
103103 Sec. 8305.103. AUTHORITY FOR ROAD PROJECTS. Under Section
104104 52, Article III, Texas Constitution, the district may design,
105105 acquire, construct, finance, issue bonds for, improve, operate,
106106 maintain, and convey to this state, a county, or a municipality for
107107 operation and maintenance macadamized, graveled, or paved roads, or
108108 improvements, including storm drainage, in aid of those roads.
109109 Sec. 8305.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
110110 project must meet all applicable construction standards, zoning and
111111 subdivision requirements, and regulations of each municipality in
112112 whose corporate limits or extraterritorial jurisdiction the road
113113 project is located.
114114 (b) If a road project is not located in the corporate limits
115115 or extraterritorial jurisdiction of a municipality, the road
116116 project must meet all applicable construction standards,
117117 subdivision requirements, and regulations of each county in which
118118 the road project is located.
119119 (c) If the state will maintain and operate the road, the
120120 Texas Transportation Commission must approve the plans and
121121 specifications of the road project.
122122 Sec. 8305.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
123123 OR RESOLUTION. The district shall comply with all applicable
124124 requirements of any ordinance or resolution that is adopted under
125125 Section 54.016 or 54.0165, Water Code, and that consents to the
126126 creation of the district or to the inclusion of land in the
127127 district.
128128 Sec. 8305.106. EFFECT OF ANNEXATION BY CITY OF NEVADA. (a)
129129 The City of Nevada may annex part of the territory of the district
130130 into its corporate limits without annexing all of the territory of
131131 the district under an agreement entered into before the effective
132132 date of the Act creating this chapter between the City of Nevada and
133133 the landowners of the land being annexed. The district continues in
134134 existence following annexation of part of the territory of the
135135 district as described by this subsection.
136136 (b) The district shall be dissolved and its debts and
137137 obligations assumed by the City of Nevada in accordance with
138138 Chapter 43, Local Government Code, including Sections 43.075 and
139139 43.0715, on annexation of all of the territory of the district by
140140 the City of Nevada, provided that:
141141 (1) water, sanitary sewer, and drainage improvements,
142142 and roads have been constructed to serve at least 95 percent of the
143143 territory of the district; or
144144 (2) the board adopts a resolution consenting to the
145145 dissolution of the district.
146146 (c) Notwithstanding Section 54.016(f)(2), Water Code, a
147147 contract ("Allocation Agreement") between the City of Nevada and
148148 the district that provides for the allocation of the taxes or
149149 revenues of the district and the city following the date of
150150 inclusion of all the district's territory in the corporate limits
151151 of the city, may provide that the total annual ad valorem taxes
152152 collected by the city and the district from taxable property in the
153153 district may exceed the city's ad valorem tax on the property.
154154 Sec. 8305.107. LIMITATION ON USE OF EMINENT DOMAIN. The
155155 district may not exercise the power of eminent domain outside the
156156 district to acquire a site or easement for:
157157 (1) a road project authorized by Section 8305.103; or
158158 (2) a recreational facility as defined by Section
159159 49.462, Water Code.
160160 [Sections 8305.108-8305.150 reserved for expansion]
161161 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
162162 Sec. 8305.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
163163 district may issue, without an election, bonds and other
164164 obligations secured by:
165165 (1) revenue other than ad valorem taxes; or
166166 (2) contract payments described by Section 8305.153.
167167 (b) The district must hold an election in the manner
168168 provided by Chapters 49 and 54, Water Code, to obtain voter approval
169169 before the district may impose an ad valorem tax or issue bonds
170170 payable from ad valorem taxes.
171171 (c) The district may not issue bonds payable from ad valorem
172172 taxes to finance a road project unless the issuance is approved by a
173173 vote of a two-thirds majority of the district voters voting at an
174174 election held for that purpose.
175175 Sec. 8305.152. OPERATION AND MAINTENANCE TAX. (a) If
176176 authorized at an election held under Section 8305.151, the district
177177 may impose an operation and maintenance tax on taxable property in
178178 the district in accordance with Section 49.107, Water Code.
179179 (b) The board shall determine the tax rate. The rate may not
180180 exceed the rate approved at the election.
181181 Sec. 8305.153. CONTRACT TAXES. (a) In accordance with
182182 Section 49.108, Water Code, the district may impose a tax other than
183183 an operation and maintenance tax and use the revenue derived from
184184 the tax to make payments under a contract after the provisions of
185185 the contract have been approved by a majority of the district voters
186186 voting at an election held for that purpose.
187187 (b) A contract approved by the district voters may contain a
188188 provision stating that the contract may be modified or amended by
189189 the board without further voter approval.
190190 [Sections 8305.154-8305.200 reserved for expansion]
191191 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
192192 Sec. 8305.201. AUTHORITY TO ISSUE BONDS AND OTHER
193193 OBLIGATIONS. The district may issue bonds or other obligations
194194 payable wholly or partly from ad valorem taxes, impact fees,
195195 revenue, contract payments, grants, or other district money, or any
196196 combination of those sources, to pay for any authorized district
197197 purpose.
198198 Sec. 8305.202. TAXES FOR BONDS. At the time the district
199199 issues bonds payable wholly or partly from ad valorem taxes, the
200200 board shall provide for the annual imposition of a continuing
201201 direct ad valorem tax, without limit as to rate or amount, while all
202202 or part of the bonds are outstanding as required and in the manner
203203 provided by Sections 54.601 and 54.602, Water Code.
204204 Sec. 8305.203. BONDS FOR ROAD PROJECTS. At the time of
205205 issuance, the total principal amount of bonds or other obligations
206206 issued or incurred to finance road projects and payable from ad
207207 valorem taxes may not exceed one-fourth of the assessed value of the
208208 real property in the district.
209209 SECTION 2. The Sienna Ranch Municipal Utility District No.
210210 1 of Collin County initially includes all the territory contained
211211 in the following area:
212212 PARCEL 1
213213 BEING a tract of land situated in the Denton Helmstettler
214214 Survey, Abstract No. 378, the Roger Willis Survey, Abstract No.
215215 748, and the Willis Roberts Survey, Abstract No. 790, Collin
216216 County, Texas, the subject tract being a portion of that 1473.835
217217 acre tract of land conveyed to Commercial Capital Investments, Inc.
218218 by Resolution Trust Corporation according to the Special Warranty
219219 Deed recorded in Collin County Clerk File number 94-0058780 of the
220220 Land Records Of Collin County Texas (LRCCT), the subject tract
221221 further being portions of three subdivision Final Plats filed in
222222 said Land Records of Collin County Texas, those being Lake Hills,
223223 Phase 1 recorded in Cabinet J, Page 134, Park Meadows Phase 1
224224 recorded in Cabinet J, Page 137, and Sommerset Estates, Revised
225225 Phase 1 recorded in Cabinet J, Page 313, said three subdivisions
226226 being included within the above mentioned Commercial Capital
227227 Investments, Inc. 1473.835 acre tract, the subject total tract
228228 being more particularly described as follows;
229229 BEGINNING at a point on the south line of Farm-To-Market Road
230230 Number 1778, said south line being the same south line of that 15
231231 feet wide strip of land dedicated by the above mentioned Park
232232 Meadows Phase 1 Final Plat (Cab. J, Pg. 137), said Beginning point
233233 further being the Northeast corner of Lot 4 of said Park Meadows
234234 Phase 1 Final Plat and northwest corner of a tract of land conveyed
235235 to Walt C. HSU according to the Warranty Deed recorded in Volume
236236 3201, Page 795 (LRCCT), a 1/2" iron pin with a red cap stamped
237237 Tipton Engineering, Inc. set at corner;
238238 THENCE, along the easterly line of the previously mentioned
239239 Park Meadows Phase 1 addition line and along the westerly lines of
240240 the following tracts; three tracts of land of land conveyed to Walt
241241 C. HSU according to two Warranty Deeds recorded in Volume 3201, Page
242242 795 and Volume 3201, Page 797 (LRCCT), and a tract of land conveyed
243243 to Phillip Chen recorded in Volume 3584, Page 166 (LRCCT) the
244244 following:
245245 S 00 48' 47" E, a distance of 571.95 feet to a 60d nail found
246246 at corner;
247247 S 00 38' 46" E, a distance of 354.47 feet to a 60d nail found
248248 at corner;
249249 S 00 50' 29" E, a distance of 489.70 feet to an iron pin found
250250 at corner;
251251 S 00 46' 54" E, a distance of 299.68 feet to a 60d nail found
252252 at corner;
253253 S 01 19' 27" E, a distance of 524.53 feet to an iron pin found
254254 at an ell corner of said Commercial Capital Investments, Inc.
255255 tract, said corner further being the southwest corner of said
256256 Phillip Chen tract;
257257 THENCE, along a north line of said Park Meadows Phase 1 and
258258 the south lines of said Phillip Chen tract, a tract conveyed to
259259 Charles Sitzes according to the deed recorded in Volume, 5746, Page
260260 4572, (LRCCT), a tract conveyed to John A. Whitson according to the
261261 deed recorded in County Clerk File number 93-0046157 (LRCCT), and a
262262 tract conveyed to Jesus Canales according to the deed recorded in
263263 Volume 4987, Page 1808 (LRCCT) the following;
264264 South 89 02' 27" E, a distance of 658.56 feet to an iron
265265 pin found at corner;
266266 South 89 07' 19" E, a distance of 2108.54 feet to another ell
267267 corner of said Commercial Capital Investments, Inc. tract and
268268 westerly line of Price Creek Estates, an addition to Collin County
269269 according to the Final Plat recorded in Cabinet I, Page 517 (LRCCT),
270270 a 1/2" iron pin next to a fence corner post found at corner;
271271 THENCE, S 00 04' 47" E, along the easterly line of said Park
272272 Meadows Phase 1 and a westerly line of said Price Creek Estates, a
273273 distance of 156.97 feet to an ell corner for both said Final Plats,
274274 Price Creek Estates and Park Meadows Phase 1, said point also being
275275 on the northerly line of Dearborn Acres Phase 1, an addition to
276276 Collin County according to the Final Plat recorded in Cabinet J,
277277 Page 145 (LRCCT);
278278 THENCE, with the center of Price Creek and along the common
279279 line between said additions, Dearborn Acres Phase 1 and Park
280280 Meadows Phase 1 the following;
281281 S 83 21' 39" W, a distance of 30.84 feet; S 71 03' 54" W, a
282282 distance of 28.06 feet;
283283 S 44 28' 19" W, a distance of 52.54 feet; S 22 28' 07" W, a
284284 distance of 69.53 feet;
285285 S 60 04' 07" W, a distance of 43.37 feet; N 86 00' 18" W, a
286286 distance of 25.10 feet;
287287 S 66 13' 16" W, a distance of 140.26 feet; S 43 31' 15" W, a
288288 distance of 49.79 feet;
289289 S 65 26' 13" W, a distance of 131.00 feet; S 36 26' 54" W, a
290290 distance of 60.05 feet;
291291 S 72 04' 37" W, a distance of 111.47 feet; S 85 25' 43" W, a
292292 distance of 212.81 feet;
293293 S 85 44' 44" W, a distance of 211.15 feet; S 69 09' 30" W, a
294294 distance of 143.03 feet;
295295 S 68 17' 17" W, a distance of 67.74 feet; N 83 10' 43" W, a
296296 distance of 61.36 feet;
297297 S 58 50' 34" W, a distance of 164.79 feet; S 52 22' 44" W, a
298298 distance of 44.73 feet;
299299 S 62 21' 17" W, a distance of 49.51 feet; S 86 31' 51" W, a
300300 distance of 41.24 feet;
301301 S 63 55' 53" W, a distance of 128.94 feet; S 60 49' 53" W a
302302 distance of 131.62 feet;
303303 S 56 28' 41" W, a distance of 127.19 feet; S 63 10' 56" W, a
304304 distance of 52.78 feet;
305305 S 80 45' 54" W, a distance of 50.46 feet; S 72 01' 10" W, a
306306 distance of 126.88 feet to a point on the northerly line of the
307307 previously mentioned Lake Hills Phase 1 addition;
308308 THENCE, along a creek and along the northerly and easterly
309309 line of said Lake Hills Phase 1 and the southwesterly and westerly
310310 line of said Dearborn Acres Phase 1 the following;
311311 S 20 07' 18" E, a distance of 35.15 feet; N 71 06' 50" E, a
312312 distance of 42.23 feet;
313313 S 40 32' 52" E, a distance of 24.72 feet; S 78 01' 18" E, a
314314 distance of 109.13 feet;
315315 S 58 24' 56" E, a distance of 71.87 feet; N 70 21' 55" E, a
316316 distance of 51.93 feet;
317317 S 58 47' 28" E, a distance of 82.38 feet; S 87 13' 03" E, a
318318 distance of 36.21 feet;
319319 S 39 30' 42" E, a distance of 38.80 feet; S 84 53' 40" E, a
320320 distance of 32.75 feet;
321321 S 50 38' 42" E, a distance of 137.16 feet; S 81 23' 41" E, a
322322 distance of feet 61.43 feet;
323323 S 55 18' 27" E., a distance of 59.33 feet: S 38 02' 26" E, a
324324 distance of 77.63 feet;
325325 S 53 46' 10" E, a distance of 61.86 feet; S 29 19' 27" E, a
326326 distance of 63.87 feet;
327327 S 62 43' 45" E, a distance of 15.41 feet; S 75 09' 51" E, a
328328 distance of 75.61 feet;
329329 N 51 34' 08" E, a distance of 46.71 feet; S 61 49' 18" E, a
330330 distance of 29.41 feet;
331331 S 16 04' 27" E, a distance of 27.49 feet, S 75 25' 16" E, a
332332 distance of 92.21 feet;
333333 S 65 45' 26" E, a distance of 135.63 feet; S 58 05' 24" E, a
334334 distance of 108.92 feet;
335335 S 56 13' 03" E, a distance of 86.50 feet; S 67 13' 21" E, a
336336 distance of 87.18 feet;
337337 S 65 25' 12" E, a distance of 34.56 feet; S 03 53' 51" E, a
338338 distance of 95.72 feet;
339339 S 52 16' 17" E, a distance of 69.15 feet; S 06 27' 15" E, a
340340 distance of 67.59 feet;
341341 S 28 12' 59" E, a distance of 94.16 feet; S 07 03' 34" E, a
342342 distance of 105.29 feet to an iron pin found at corner.
343343 S 14 12' 13" W, a distance of 566.46 feet to an iron pin found
344344 at corner;
345345 S 00 36' 58" W, a distance of 435.57 feet to a point on the
346346 north line of Farm-To-Market Road No. 543, said point being the
347347 southeast corner of Lot 12 of said Lake Hills Phase 1 and the
348348 southwest corner of Lot 1 of Dearborn Acres Phase 1 to a 1/2" iron
349349 pin with a red cap stamped Tipton Engineering, Inc. set at corner;
350350 THENCE, along the said County Road No. 543 north line the
351351 following;
352352 N 89 24' 42" W, a distance of 2415.58 feet to a 1/2" iron pin
353353 with a red cap stamped Tipton Engineering, Inc. set at corner;
354354 Around a tangent curve to the right having a central angle of
355355 08 50' 44", a radius of 1849.86 feet and a chord of N 84 59' 20" W -
356356 285.31 feet, an arc distance of 285.59 feet to a 1/2" iron pin with a
357357 red cap stamped Tipton Engineering, Inc. set at corner;
358358 N 80 33' 58" W, a distance of 278.01 feet to a point on an
359359 easterly line of a tract of land conveyed to the United States of
360360 America for Lake Lavon, said point further being on the westerly
361361 line of said Lake Hills Phase 1, and located at the southwest corner
362362 of Lot 1 of said Lake Hills Phase 1, a 1/2" iron pin with a red cap
363363 stamped Tipton Engineering, Inc. set at corner, from which a 5/8"
364364 iron pin found bears S 73 23' 20" E, a distance of 0.82 feet;
365365 THENCE, N 29 00' 04" E, along the said Lake Hills Phase 1
366366 westerly line and easterly line of said United States of America
367367 property, a distance of 899.16 feet to an ell corner of said United
368368 States of America property and Lake Hills Phase 1 westerly line, a
369369 concrete Government marker found at corner;
370370 THENCE, N 57 11' 26" W, along a northerly line of said United
371371 States of America property and southerly line of Lot 14 of Lake
372372 Hills Phase 1 and southerly line of the previously mentioned Park
373373 Meadows Phase 1, a distance of 519.49 feet to a concrete Government
374374 marker found at corner;
375375 THENCE, S 89 16' 26" W, continuing along the northerly line
376376 of said USA property and along the said Park Meadows Phase 1
377377 southerly line and a southerly line of the previously mentioned
378378 Sommerset Estates Revised Phase 1, a distance of 349.84 feet to an
379379 ell corner of said USA property and Sommerset Estates Revised Phase
380380 1, a concrete Government marker found at corner;
381381 THENCE, along a westerly line of said United States of
382382 America property and easterly line of said Sommerset Estates
383383 Revised Phase 1 the following;
384384 S 42 57' 42" W, a distance of 779.67 feet to a concrete
385385 Government marker found at corner;
386386 S 70 13' 25" W, a distance of 429.81 feet to a concrete
387387 Government marker found at corner;
388388 S 47 45' 34" W, a distance of 423.23 feet to a point on the
389389 northerly line of said Farm-To-Market Road No. 543 as dedicated by
390390 the said Final Plat of Sommerset Estates Revised Phase 1, a 1/2"
391391 iron pin with a red cap stamped Tipton Eng, Inc. set at corner;
392392 THENCE, along said Farm-To-Market Road No. 543 northerly line
393393 the following;
394394 N 87 26' 57" W, a distance of 437.75 feet to a 1/2" iron pin
395395 with a red cap stamped Tipton Eng, Inc. set at corner;
396396 N 86 45' 05" W, a distance of 328.51 feet to a 1/2" iron pin
397397 found at corner;
398398 N 89 58' 53" W, a distance of 99.89 feet to the southwest
399399 corner of Lot 1 of said Sommerset Estates Revised Phase 1, said
400400 corner further being on the east line of Rocky Road, a 50 feet wide
401401 Right-Of-Way easement, a 1/2" iron pin with a red cap stamped Tipton
402402 Eng, Inc. set at corner;
403403 THENCE, N 01 02' 52" E, along the west line of said Sommerset
404404 Estates Revised Phase 1 and said Rocky Road east line, a distance of
405405 1107.07 feet to an ell corner of said Sommerset Estates Revised
406406 Phase 1, said corner further being the southwest corner of a tract
407407 of land conveyed to Teri L. Beckmeyer by the General Warranty Deed
408408 recorded in 94-0033501 (LRCCT), a 5/8" iron pin found at corner;
409409 THENCE, S 88 17' 44" E, along the south line of said Teri L.
410410 Beckmeyer tract and north line of Lot 2 of said Sommerset Estates
411411 Revised Phase 1, a distance of 593.43 feet to an ell corner of said
412412 Sommerset Estates Revised Phase 1, a 1/2" iron pin with a red cap
413413 stamped Tipton Eng, Inc. set at corner;
414414 THENCE, along a west line of said Sommerset Estates Revised
415415 Phase 1 and the east line of said Teri, L. Beckmeyer, and the east
416416 lines of the following tracts, a tract conveyed to Harry E. Shibler
417417 and Teri. L. Beckmeyer according to the Warranty Deed with Vendor's
418418 Lein recorded in County Clerk File Number 94-0056623 (LRCCT), two
419419 tracts conveyed to John Clentis Simpson, Sr. according to the
420420 Special Warranty Deed recorded in Volume 5936, Page 4879 (LRCCT),
421421 and that tract conveyed to Carol Chamberlain and Allen Chamberlain
422422 according to the Warranty Deed With Vendor's Lien recorded in
423423 Volume 4704, Page 1799 the following;
424424 N 00 47' 24" W, a distance of 296.21 feet to a 1/2" iron
425425 pin found at corner;
426426 N 01 08' 33" W, a distance of 240.54 feet to a 1/2" iron
427427 pin found at corner;
428428 N 00 36' 15" W, a distance of 195.04 feet to a 1/2" iron
429429 pin found at corner;
430430 N 01 29' 49" W, a distance of 193.39 feet to a 1/2" iron
431431 pin found at corner;
432432 N 00 42' 09" W, a distance of 467.62 feet to an ell corner of
433433 said Sommerset Estates Revised Phase 1, said corner being on a south
434434 line of a tract of land conveyed to JoAnne Gambrell Airhart and Tom
435435 Patterson Airhart, according to the Warranty Deed With Vendor's
436436 Lien recorded in Volume 4510, Page 1852 (LRCCT), a 1/2" iron pin
437437 found at corner;
438438 THENCE, S 89 17' 05" E, along the south line of said JoAnne
439439 Gambrell Airhart and Tom Patterson Airhart tract part of the way,
440440 along the south line of a tract of land owned by Karen Webb Bennet
441441 Ind Exec according to the deed recorded in Volume 1769, Page 435
442442 (LRCCT) and along a north line of said Sommerset Estates Revised
443443 Phase 1, a distance of 1660.39 feet to an ell corner of said
444444 Sommerset Estates Revised Phase 1 and southeast corner of said
445445 Karen Webb Bennet Ind Exec tract, a 1/2" iron pin found 3.7 feet
446446 east of a fence corner post at corner;
447447 THENCE, along the a west line of said Sommerset Estates
448448 Revised Phase 1 addition and along the east lines of said Karen Webb
449449 Bennet Ind Exec tract, that tract conveyed to Altis L. Powell Et Ux
450450 according to the deed recorded in Volume 377, Page 119 (LRCCT), the
451451 following;
452452 N 01 02' 36" E, a distance of 1376.06 feet to a 60d nail
453453 found at corner;
454454 N 00 50' 16" E, a distance of 547.97 feet to a 1/2" iron
455455 pin found at corner;
456456 N 00 48' 18" E, a distance of 340.88 feet to the southwest
457457 corner of Lot 1 of said Park Meadows Phase 1, a 1/2" iron pin with a
458458 red cap stamped Tipton Engineering, Inc. set at corner;
459459 THENCE, S 89 35' 45" E, along the south line of said Lot 1 of
460460 Park Meadows Phase 1, a distance of 80.60 feet to a 1/2" iron pin
461461 with a red cap stamped Tipton Engineering, Inc. set at corner;
462462 THENCE, N 86 52' 56" E, continuing along the said Lot 1 of
463463 Park Meadows Phase 1 south line, a distance of 137.15 feet to the
464464 southeast corner of said Lot 1 of Park Meadows Phase 1, a 1/2" iron
465465 pin with a red cap stamped Tipton Engineering, Inc. set at corner;
466466 THENCE, N 00 04' 54" W, along the east line of said Lot 1 of
467467 Park Meadows Phase 1, a distance of 414.78 feet to a point on the
468468 previously mentioned south line of Farm-To-Market Road No. 1778, a
469469 1/2" iron pin with a red cap stamped Tipton Engineering, Inc. set at
470470 corner;
471471 THENCE, N 86 24' 17" E, along the said Farm-To-Market Road
472472 Number 1778 southerly line, a distance of 811.78 feet to the Place
473473 of Beginning with the subject tract containing 15,226,847 Square
474474 Feet or 349.5603 acres of land.
475475 PARCEL 2
476476 BEING a tract of land situated in the Silvester Williams
477477 Survey, Abstract No. 955 and Willis Roberts Survey, Abstract No.
478478 790, Collin County, Texas, the subject tract being a portion of that
479479 1473.835 acre tract of land conveyed to Commercial Capital
480480 Investments, Inc. by Resolution Trust Corporation according to the
481481 Special Warranty Deed recorded in Collin County Clerk File number
482482 94-0058780 of the Land Records Of Collin County Texas (LRCCT), the
483483 subject tract being more particularly described as follows;
484484 BEGINNING at a point on the southerly line of County Road No.
485485 543 and at the southwest corner of that tract of land conveyed to
486486 Collin County (for road purposes) according to the Deed recorded in
487487 County Clerk File Number 99-0040895 (LRCCT), said beginning point
488488 being on the west line of said Commercial Capital Investments, Inc.
489489 1473.835 acre tract and further being S 01 04' 17" W, a distance of
490490 61.64 feet from the intersection of the north line of County Road
491491 No. 543 and the east line of Rocky Road as shown on the Final Plat of
492492 Sommerset Estates, an addition to Collin County according to said
493493 Final Plat recorded in Cabinet J, Page 313 (LRCCT), a 1/2" iron pin
494494 found at corner;
495495 THENCE, along the said County Road No. 543 southerly line the
496496 following;
497497 S 88 52' 45" E, a distance of 169.88 feet to a 1/2" iron pin
498498 found at corner;
499499 S 84 33' 39" E, a distance of 606.25 feet to a point on an
500500 easterly line of said Commercial Capital Investments, Inc. 1473.835
501501 acre tract and northwesterly line of a tract of land conveyed to the
502502 United States Of America, a 1/2" iron pin found at corner;
503503 THENCE, S 47 45' 34" W, along the said Commercial Capital
504504 Investments, Inc. 1473.835 acre tract southeasterly line and United
505505 States of America tract northwesterly line, a distance of 1750.27
506506 feet to a US Government marker in concrete found at corner;
507507 THENCE, along a southerly and westerly line of said
508508 Commercial Capital Investments, Inc. 1473.835 acres tract and a
509509 northerly and easterly line of said United States of America tract
510510 the following;
511511 N 46 24' 25" W, a distance of 265.29 feet to a US Government
512512 marker in concrete found at corner;
513513 N 12 08' 44" E, a distance of 594.70 feet to a US Government
514514 marker in concrete found at corner;
515515 THENCE, S 84 49' 00" E, along a northerly line of said
516516 Commercial Capital Investments, Inc. 1473.835 acres tract and part
517517 of the way along a southerly line of a United States of America
518518 tract and south line of a tract of land conveyed to J. B. Justice
519519 according to the deed recorded in Volume 645, Page 055 (LRCCT), a
520520 distance of 581.99 feet to the southeast corner of said J. B.
521521 Justice tract and an ell corner of said Commercial Capital
522522 Investments, Inc. 1473.835 acres tract, a US Government marker in
523523 concrete found at corner;
524524 THENCE, N 01 04' 08" E, along a west line of said Commercial
525525 Capital Investments, Inc. 1473.835 acres tract and east line of
526526 said J. B. Justice tract, a distance of 525.75 feet to the Place of
527527 Beginning with the subject tract containing 654,044 Square Feet or
528528 15.0148 Acres of Land.
529529 PARCEL 3
530530 BEING a tract of land situated in the Roger Willis Survey,
531531 Abstract No. 748, and the Silvester Williams Survey, Abstract No.
532532 955 Collin County, Texas, the subject tract being a portion of that
533533 1473.835 acre tract of land conveyed to Commercial Capital
534534 Investments, Inc. by Resolution Trust Corporation according to the
535535 Special Warranty Deed recorded in Collin County Clerk File number
536536 94-0058780 of the Land Records Of Collin County Texas (LRCCT), the
537537 subject tract further being a portion of Shalimar Acres, an
538538 addition to Collin County Texas according to the Final Plat
539539 recorded in Cabinet J, Page 136, (LRCCT), land in said plat being
540540 included in the above mentioned Commercial Capital Investments,
541541 Inc. 1473.835 acre tract, the subject tract being more particularly
542542 described as follows;
543543 BEGINNING at the intersection of the southerly line of County
544544 Road No. 543 and the west line of County Road No. 544, said point
545545 further being located at the northeast corner of Lot 1 of said
546546 Shalimar Acres, a 1/2" iron pin with a red cap stamped Tipton Eng,
547547 Inc. set at corner;
548548 THENCE, S 00 07' 23" W, along the said County Road No. 544
549549 west line, a distance of 2065.10 feet to the southeast corner of Lot
550550 16, of Shalimar Acres, said corner being located on the north line
551551 of a tract of land conveyed to the United States Of America, a 1/2"
552552 iron pin with a red cap stamped Tipton Eng, Inc. set at corner, from
553553 which a US Government marker in concrete found bears N 73 18' 15" E,
554554 a distance of 9.85 feet;
555555 THENCE, along the southerly and westerly line of said
556556 Shalimar Acres and a northerly and easterly line of said United
557557 States of America tract the following;
558558 S 73 18'15" W, a distance of 493.72 feet to a US Government
559559 marker in concrete found at corner;
560560 N 67 31' 55" W, a distance of 619.64 feet to a US Government
561561 marker in concrete found at corner;
562562 S 89 05' 23" W, a distance of 570.02 feet to a US Government
563563 marker in concrete found at corner;
564564 N 36 58' 31" E, a distance of 919.31 feet to a US Government
565565 marker in concrete found at corner;
566566 N 26 55' 54" E, a distance of 499.80 feet to a US Government
567567 marker in concrete found at corner;
568568 N 64 31' 34" E, a distance of 464.89 feet to a US Government
569569 marker in concrete found at corner;
570570 N 29 01' 25" E, a distance of 699.51 feet to a point on the
571571 previously mentioned County Road No. 543 south line, said point
572572 further being the northwest corner of the previously mentioned Lot
573573 1 of Shalimar Acres, a US Government marker in concrete found at
574574 corner;
575575 THENCE, S 81 18' 52" E, along said County Road No. 543 south
576576 line, a distance of 82.46 feet to the Place Of Beginning with the
577577 subject tract containing 1,820,913 Square Feet or 41.8024 acres of
578578 land.
579579 PARCEL 4
580580 BEING a tract of land situated in the Roger Willis Survey,
581581 Abstract No. 748, Collin County, Texas, the subject tract being a
582582 portion of that 1473.835 acre tract of land conveyed to Commercial
583583 Capital Investments, Inc. by Resolution Trust Corporation
584584 according to the Special Warranty Deed recorded in Collin County
585585 Clerk File number 94-0058780 of the Land Records Of Collin County
586586 Texas (LRCCT), the subject tract further being a portion of
587587 Shalimar Acres, an addition to Collin County Texas according to the
588588 Final Plat recorded in Cabinet J, Page 136, (LRCCT), land in said
589589 plat being included in the above mentioned Commercial Capital
590590 Investments, Inc. 1473.835 acre tract, the subject tract being more
591591 particularly described as follows;
592592 BEGINNING at the intersection of the southerly line of County
593593 Road No. 543 and the east line of County Road No. 544 as dedicated by
594594 said Shalimar Acres Final Plat, said Beginning Point further being
595595 located at the northwest corner of Lot 2 of said Shalimar Acres, a
596596 1/2" iron pin with a red cap stamped Tipton Eng, Inc. set at corner;
597597 THENCE, S 80 33' 58" E, along the southerly line of said
598598 County Road No. 543 a distance of 177.59 feet to a 1/2" iron pin with
599599 a red cap stamped Tipton Eng, Inc. set at corner;
600600 THENCE, continuing along said County Road No, 543 southerly
601601 and around a tangent curve to the left having a central angle of 08
602602 34' 08", a radius of 1969.86 feet, and a chord of S 84 51' 02" E with
603603 a distance of 294.33 feet, an arc distance of 294.60 feet to the
604604 northeast corner of Lot 4 of said Shalimar Acres and the southwest
605605 corner of a tract of land conveyed to Collin County for right-of-way
606606 according to the Deed recorded in County Clerk File No.
607607 2000-0070885 (LRCCT), a 1/2" iron pin found at corner;
608608 THENCE, S 00 36' 54" E, along the east line of said Shalimar
609609 Acres and a west line of a tract of land conveyed to John Lindsley
610610 McCraw, Jr. and Marjorie Elizabeth Gantt according to the Warranty
611611 Deed recorded in Volume 627, page 69 (LRCCT), a distance of 313.35
612612 feet to an ell corner of said Shalimar Acres and John Lindsley
613613 McCraw, Jr. and Marjorie Elizabeth Gantt tract, a US Government
614614 marker in concrete found at corner);
615615 THENCE, S 88 28' 08" W, along a south line of said Shalimar
616616 Acres and a north line of said John Lindsley McCraw, Jr. and
617617 Marjorie Elizabeth Gantt tract, a distance of 472.68 feet to a point
618618 on the previously mentioned County Road No, 544, said point further
619619 being the southwest corner of Lot 2 of said Shalimar Acres, a 1/2"
620620 iron pin with a red cap stamped Tipton Eng, Inc. set at corner;
621621 THENCE, N 00 07' 23" E, along said County Road No, 544 east
622622 line, a distance of 381.49 feet to the Place Of Beginning with the
623623 subject tract containing 160,368 Square Feet or 3.6815 Acres of
624624 land.
625625 PARCEL 5
626626 BEING a tract of land situated in the Roger Willis Survey,
627627 Abstract No. 748, and the Silvester Williams Survey, Abstract No.
628628 955 Collin County, Texas, the subject tract being a portion of that
629629 1473.835 acre tract of land conveyed to Commercial Capital
630630 Investments, Inc. by Resolution Trust Corporation according to the
631631 Special Warranty Deed recorded in Collin County Clerk File number
632632 94-0058780 of the Land Records Of Collin County Texas (LRCCT), the
633633 subject tract being more particularly described as follows;
634634 COMMENCING at the intersection of the southerly line of
635635 County Road No. 543 and the west line of County Road No. 544 as
636636 dedicated by said Shalimar Acres Final Plat, said point further
637637 being located at the northeast corner of Lot 1 of said Shalimar
638638 Acres, a 1/2" iron pin with a red cap stamped Tipton Eng, Inc. set at
639639 corner;
640640 THENCE, N 81 19' 37" W, along the said County Road No. 543
641641 south line, a distance of 82.52 feet to the Place Of Beginning of
642642 the here-in described tract of land and northwest corner of said Lot
643643 1 of Shalimar Acres, said corner further being located at an ell
644644 corner of a tract of land conveyed to the United States Of America,
645645 a US Government marker in concrete found at corner;
646646 THENCE, leaving the addition line of said Shalimar Acres and
647647 along a common line between that Commercial Capital Investments,
648648 Inc. 1473.835 acres tract and the previously mentioned United
649649 States of America tract the following;
650650 N 89 15' 55" W, a distance of 473.20 feet to a 1/2" iron
651651 pin found at corner;
652652 N 00 45' 29" E, a distance of 92.19 feet to a 1/2" iron pin
653653 found at corner;
654654 THENCE, continuing along the previously mentioned common
655655 property lines and along the approximate centerline of said County
656656 Road No. 543 the following;
657657 N 88 56' 29" E, a distance of 107.30 feet to a 1/2" iron pin
658658 found at corner;
659659 S 84 41' 46" E, a distance of 286.48 feet;
660660 S 81 15' 53" E, a distance of 112.04 feet;
661661 THENCE, S 33 09' 52" E, leaving said County Road No. 543 north
662662 line and along a portion of that County Road No. 543 right-of-way
663663 dedication by said Shalimar Acres, a distance of 69.05 feet;
664664 THENCE, N 89 06' 54" W, continuing along said County Road No.
665665 543 right-of-way dedication by said Shalimar Acres, a distance of
666666 69.12 feet to the Place Of Beginning with the subject tract
667667 containing 42,403 Square Feet or 0.9734 acres of land.
668668 PARCEL 6
669669 BEING a tract of land situated in the Thomas Toby Survey,
670670 Abstract No. 925 in the Sylvester William Survey, Abstract No. 955,
671671 Collin County, Texas being all of a called 16.105 acre tract of land
672672 conveyed by Angela Olivo Ramos to WYA Lake Lavon Ltd., a Texas
673673 limited partnership, according to the General Warranty Deed with
674674 Vendor's Lien recorded in County Clerk's File Number
675675 20071126001578660 of the Land Records of Collin County, Texas
676676 (LRCCT), the subject tract being more particularly described as
677677 follows;
678678 BEGINNING at a 1/2" iron pin found with a red cap in the
679679 easterly right-of-way of State Highway No. 78 same being the
680680 southwest corner of the subject tract and the northwest corner of a
681681 tract of land conveyed to W.B. Montgomery;
682682 THENCE, N 15 54' 36" W, along the easterly line of said State
683683 Highway No. 78, a distance of 453.48 feet to a 1/2" iron pin with a
684684 red cap stamped Tipton Eng. Inc. set at corner, from which a wood
685685 right-of-way monument bears S 16 24' 09" E, a distance of 63.19
686686 feet;
687687 THENCE, continuing along the easterly line of said State
688688 Highway No. 78 and around a curve to the right having a central
689689 angle of 04 27' 04", a radius of 1382.93 feet, a chord of N 13 41'
690690 04" W - 107.37 feet, an arc distance of 107.39 feet to a 1/2" iron
691691 pin with a red cap stamped Tipton Eng. Inc. set at corner;
692692 THENCE, N 89 45' 00" E, along the south line of a tract of
693693 land conveyed to Angela Olivo Ramos, according to the Warranty Deed
694694 recorded in County Clerk File Number 20060208000171830 (LRCCT), a
695695 distance of 1364.23 feet to the northeast corner of the subject
696696 tract and a point in the west line of a called 23.764 acres tract of
697697 land conveyed by Billy G. Roan and wife, Merle Ann Roan to WYA Lake
698698 Lavon Ltd., a Texas limited partnership according to the Special
699699 Warranty Deed with Vendor's Lien recorded in County Clerk File
700700 Number 20080111000045480 (LRCCT), a 1/2" iron pin with a red cap
701701 stamped Tipton Eng. Inc set at corner from which a 5/8" iron pin
702702 found with a red cap stamped "Clark" bears N 00 09' 30" W, a
703703 distance of 515.87 feet;
704704 THENCE, S 00 15' 00" E, along the east line of said 16.105
705705 acres WYA Lake Lavon Ltd., tract and west line of said WYA Lake
706706 Lavon Ltd. 23.764 acres tract, a distance of 547.75 feet to a 1/2"
707707 iron pin found at corner;
708708 THENCE, N 89 05' 05" W, along the south line of said WYA Lake
709709 Lavon Ltd. 16.105 acres tract and the north line of said WYA Lake
710710 Lavon Ltd. 23.764 acres tract, a distance of 205.28 feet to a common
711711 northerly corner of said WYA Lake Lavon Ltd. 23.764 acres tract and
712712 an 18.8098 acres tract of land conveyed by JDI Investors, LP to WYA
713713 Lake Lavon Ltd., a Texas limited partnership according to according
714714 to the Special Warranty Deed with Vendor's Lien recorded in CC#
715715 20080702000812420 (LRCCT), a 1/2" iron pin found with a red cap
716716 stamped "Clark" found 1 foot NW of a fence corner post at corner;
717717 THENCE, S 89 53' 31" W, along the north line of said WYA Lake
718718 Lavon Ltd 18.8098 acres tract of land and the south line of the
719719 subject WYA Lake Lavon Ltd. 16.105 acres tract of land, passing a
720720 1/2" iron pin found at the northeast corner of said Montgomery Tract
721721 at a distance of 592.68 feet and continuing along the north line of
722722 said Montgomery Tract for a total distance of 1011.65 feet to the
723723 PLACE OF BEGINNING with the subject tract containing 701,534 square
724724 feet or 16.105 acres of land.
725725 PARCEL 7
726726 BEING a tract of land situated in the Sylvester William
727727 Survey, Abstract No. 955, Collin County, Texas and being all of a
728728 called 23.764 acres tract of land conveyed by Billy G. Roan and
729729 wife, Merle Ann Roan to WYA Lake Lavon Ltd., a Texas limited
730730 partnership according to the Special Warranty Deed with Vendor's
731731 Lien recorded in County Clerk File Number 20080111000045480
732732 (LRCCT), the subject tract being more particularly described as
733733 follows;
734734 BEGINNING at a 5/8" iron pin with a red cap stamped " Clark"
735735 found for corner at the intersection of the South right-of-way of
736736 County Road 543, the west boundary line of said 23.764 acres tract
737737 and the east boundary line of a 1.001 acre tract owned by Dario M.
738738 Castillo according to the warranty deed recorded in Volume 5734,
739739 Page 2748 (LRCCT), said beginning point further being located at
740740 the southwest corner of a 0.4622 acre tract described in conveyance
741741 from Bill G. Roan to County of Collin, dated May 24, 2000 and
742742 recorded in Volume 4677, Page 1545 (LRCCT), said beginning point
743743 further being 1303.91 feet easterly, along said County Road 543
744744 south line, from the point of intersection of the south line of
745745 County Road No. 543 (Vol. 4837, Page 725 LRCCT), a variable width
746746 ROW and the east line of State Highway Number 78;
747747 THENCE with the south right-of-way of County Road 543 and the
748748 south boundary line of said 0.4622 acre tract the following;
749749 S 89 25' 22" E, a distance of 30.49 feet to a 1/2" iron rod
750750 found for corner;
751751 N 89 06' 30" E, a distance of 430.67 feet to the northeast
752752 corner of the said subject 23.764 acres tract, said point further
753753 being located on the west line of a 15.23 acres tract conveyed by
754754 Emma Nowlin, et al to the United States of America dated September
755755 21, 1972, recorded in Volume 837, Page 367 (LRCCT), a 1/2" iron rod
756756 found at corner;
757757 THENCE, S 30 07' 59" E, a distance of 531.40 feet to a
758758 concrete corporation monument found for corner and 1.2 feet north
759759 of a fence corner, said corner being an interior corner of the
760760 United States of America 15.23 acres tract;
761761 THENCE, along the east line of said WYA Lake Lavon Ltd.23.764
762762 acres tract and the west line of said United States of America tract
763763 the following;
764764 S 57 08' 27" W, a distance of 564.72 feet to a concrete
765765 corporation monument found near a fence corner at corner,
766766 S 30 05' 11" E, a distance of 310.04 feet to a concrete
767767 corporation monument found at corner;
768768 S 06 02' 06" W, passing a concrete corporation monument found
769769 at a distance of 499.80 feet and continuing to make a total distance
770770 of 899.52 feet to the most southerly southeast corner of said WYA
771771 Lake Lavon Ltd. 23.764 acres tract, a concrete corporation monument
772772 found at corner;
773773 THENCE, S 77 58' 17" W, along the south line of said WYA Lake
774774 Lavon Ltd. 23.764 acres tract and the north line of said United
775775 States of America 15.23 acres tract, a distance of 530.53 feet to
776776 the southwest corner of the subject WYA Lake Lavon Ltd. 23.764 acres
777777 tract and the southeast corner of that 18.8098 acres tract of land
778778 conveyed by JDI Investors, LP to WYA Lake Lavon Ltd., a Texas
779779 limited partnership according to according to the Special Warranty
780780 Deed with Vendor's Lien recorded in CC# 20080702000812420 (LRCCT),
781781 a 1/2" iron pin with a red cap stamped "Wisdom" found at corner,
782782 from which a fence corner post bears S 04 44" 01" E, a distance of
783783 5.32 feet and a metal pole of a power line bears S 59 34' 51" E, a
784784 distance of 70.91 feet;
785785 THENCE N 00 12' 05" E, along the east line of said WYA Lake
786786 Lavon Ltd. 18.8098 acres tract and the west line of said WYA Lake
787787 Lavon Ltd. 23.764 acres tract and generally along or near a barbed
788788 wire fence, a distance of 972.68 to a point on the south line of a
789789 16.105 acre tract of land conveyed by Angela Olivo Ramos to WYA Lake
790790 Lavon Ltd., a Texas limited partnership, according to the General
791791 Warranty Deed with Vendor's Lien recorded in County Clerk's File
792792 Number 20071126001578660 of the Land Records of Collin County,
793793 Texas (LRCCT), a 1/2" iron pin with a red cap stamped "Clark" found
794794 1 foot NW of a fence corner post at corner;
795795 THENCE, S 89 05' 05" E, along the north line of the subject
796796 WYA Lake Lavon Ltd. 23.764 acres tract and the south line of said
797797 WYA Lake Lavon Ltd. 16.105 acres tract, a distance of 205.28 feet to
798798 a 1/2" iron pin found at corner;
799799 THENCE, N 00 15' 00" W, along the subject WYA Lake Lavon Ltd.
800800 23.764 acres tract west line and east lines of the said WYA Lake
801801 Lavon Ltd. 16.105 acres tract and that 16.1066 acres tract of land
802802 owned by Angela Olivo Ramos, according to the warranty deed
803803 recorded in County Clerk's File Number 20060208000171830 (LRCCT), a
804804 distance of 970.04 feet to a 1/2" iron pin with a cap stamped
805805 Stovall & Associates found at corner;
806806 THENCE, N 00 03' 27" E, along the east line of said Dario M.
807807 Castillo 1.001 acre tract and the west line of the subject WYA Lake
808808 Lavon Ltd. 23.764 acres tract, a distance of 93.64 feet to the Place
809809 of Beginning with the subject tract containing 1,035,320 Square
810810 Feet or 23.7677 acres of land.
811811 PARCEL 8
812812 BEING a tract of land situated in the Thomas Toby Survey,
813813 Abstract No. 925 and the Sylvester William Survey, Abstract No.
814814 955, Collin County, Texas, the subject tract being all of that
815815 18.8098 acres tract of land conveyed by JDI Investors, LP to WYA
816816 Lake Lavon Ltd., a Texas limited partnership according to according
817817 to the Special Warranty Deed with Vendor's Lien recorded in CC#
818818 20080702000812420 of the Land Records of Collin County, Texas
819819 (LRCCT), the subject tract being more particularly described as
820820 follows;
821821 COMMENCING at the point intersection of the south line of
822822 County Road No. 543 (Vol. 4837, Page 725 LRCCT), a variable width
823823 ROW at this point and the east line of State Highway Number 78, said
824824 point being the most northerly northwest corner of a tract of land
825825 conveyed to Alfred Olivo according to the warranty deed recorded in
826826 County Clerk's File Number 20060208000171820 (LRCCT), a 1/2" iron
827827 pin with a red cap stamped "Boundary Solutions" found at corner,
828828 from which a 1/2" iron pin found bears N 31 40' 42" W, a distance of
829829 176.28 feet;
830830 THENCE, along the said State Highway Number 78 easterly line
831831 the following;
832832 S 45 09' 02" W, a distance of 131.71 feet;
833833 S 00 36' 13" E, a distance of 184.23 feet;
834834 Around a non-tangent curve to the left having a central angle
835835 of 15 42' 46", a radius of 1382.39 feet and a chord of S 08 03'17" E
836836 - 377.92 feet, an arc distance of 379.10 feet;
837837 S 15 54' 36" E, a distance of 453.48 feet to the southwest
838838 corner of a 16.105 acres tract of land conveyed to WYA Lake Lavon
839839 Ltd., according to the according to the General Warranty Deed With
840840 Vendor's Lien recorded in CC# 20071126001578660 (LRCCT);
841841 THENCE, N, 89 53' 31" E, along the south line of said WYA Lake
842842 Lavon Ltd., 16.105 acres tract, a distance of 418.96 feet to the
843843 PLACE OF BEGINNING of the herein described tract, said Beginning
844844 Point being the most northerly northwest corner of the subject WYA
845845 Lake Lavon Ltd., 18.8098 acres tract and the northeast corner of a
846846 tract of land conveyed to Willie B. Montgomery according to the deed
847847 recorded in Volume 463, Page 496 (LRCCT), a 1/2" iron pin with a red
848848 cap stamped "Wisdom" found at corner;
849849 THENCE, N 89 53' 31" E, along the south line of said WYA Lake
850850 Lavon Ltd., 16.105 acres tract and the north line of said WYA Lake
851851 Lavon Ltd., 18.8098 acres tract, a distance of 592.69 feet to the
852852 northeast corner of said WYA Lake Lavon Ltd., 18.8098 acres tract,
853853 said corner also being located at an angle point of a 23.764 acre
854854 tract of land conveyed to WYA Lake Lavon Ltd., a Texas limited
855855 partnership, according to the Warranty Deed With Vendor's Lien
856856 recorded in CC# 20080111000045480 (LRCCT), a 1/2" iron pin with a
857857 red cap stamped "Clark" found 1 foot NW of a fence corner post at
858858 corner;
859859 THENCE, S 00 11' 58" W, along the east line of said WYA Lake
860860 Lavon Ltd., 18.8098 acres tract and west line of said WYA Lake Lavon
861861 Ltd., 23.764 acres tract, and generally along or near a barbed wire
862862 fence, a distance of 972.52 feet to the southeast corner of said WYA
863863 Lake Lavon Ltd., 18.8098 acres tract, a 1/2" iron pin with a red cap
864864 stamped "Wisdom" found at corner, from which a fence corner post
865865 bears S 04 44" 01" E, a distance of 5.32 feet and a metal pole of a
866866 power line bears S 59 34' 51" E, a distance of 70.91 feet;
867867 THENCE, S 89 52' 50" W, along the south line of said WYA Lake
868868 Lavon Ltd., 18.8098 acres tract and the north line of a tract of
869869 land conveyed to the Untied States Of America according to the
870870 Condemnation document recorded in Volume 714, page 825 (LRCCT), and
871871 proceeding approximately 5.3 feet to 6 feet northerly of a barbed
872872 wire fence, a distance of 811.92 feet to a concrete Government
873873 marker stamped 1918-1-1 found at corner, from which a fence corner
874874 post bears S 02 51' 19" E, a distance of 6.1 feet;
875875 THENCE, N 04 36' 49" W, a long the westerly line of said WYA
876876 Lake Lavon Ltd., 18.8098 acres tract and an easterly line of a tract
877877 of land conveyed to the United States Of America and identified as
878878 Tract 1918-1 according to the Condemnation document recorded in
879879 Volume 755, Page 612 (LRCCT), a distance of 460.09 feet to a
880880 concrete Government marker stamped 1918-1-2 found at corner,
881881 THENCE, S 88 38' 36" W, along a south line of said WYA Lake
882882 Lavon Ltd., 18.8098 acres tract and the north line of said United
883883 States Of America north line (755, Page 612), a distance of 49.97
884884 feet to a concrete Government marker stamped 1918-1-3 found at
885885 corner,
886886 THENCE, along said State Highway No. 78 easterly line and the
887887 westerly line of said WYA Lake Lavon Ltd., 18.8098 acres tract the
888888 following;
889889 Around a non-tangent curve to the left having a central angle
890890 of 13 07' 52", a radius of 1373.25 feet and a chord of N 09 20' 40" W
891891 - 314.03 feet, an arc distance of 314.72 feet to a 1/2" iron pin with
892892 a red cap stamped Tipton Engineering, Inc. set at corner;
893893 N 15 54' 36" W, a distance of 89.62 feet to a 1/2" iron pin
894894 with a red cap stamped Tipton Engineering, Inc. set at corner, from
895895 which a Highway Department wood monument found bears N 24 06' E, a
896896 distance of 0.28 foot and a 1/2" iron pin with a red cap stamped
897897 "Wisdom" found bears S 15 54' 36" E, a distance of 10.13 feet;
898898 THENCE, N 89 53' 31" E, along the south line of the previously
899899 mentioned Willie B. Montgomery tract and a north line of said WYA
900900 Lake Lavon Ltd., 18.8098 acres tract, a distance of 383.16 feet to a
901901 1/2" iron pin with a red cap stamped Tipton Engineering, Inc. set at
902902 corner, from which a 60d nail found in top of 3 feet tall power pole
903903 bears S 07' 17' 23" E, a distance of 9.94 feet;
904904 THENCE, N 00 57' 15" E. along a west line of said WYA Lake
905905 Lavon Ltd., 18.8098 acres tract and the east line of said Willie B.
906906 Montgomery tract, a distance of 118.97 feet to the Place Of
907907 Beginning with the subject tract containing 819,355 Square Feet or
908908 18.8098 Acres of Land.
909909 PARCEL 9
910910 BEING a tract of land situated in the Thomas Toby Survey,
911911 Abstract No. 925 and the Sylvester William Survey, Abstract No.
912912 955, Collin County, Texas, the subject tract being all of that tract
913913 of land conveyed to Alfred Olivo, according to the warranty deed
914914 recorded in County Clerk's File Number 20060208000171830 of the
915915 Land Records of Collin County, Texas (LRCCT), the subject tract
916916 being more particularly described as follows;
917917 BEGINNING at the point intersection of the south line of
918918 County Road No. 543 (Vol. 4837, Page 725 LRCCT), a variable width
919919 ROW and the east line of State Highway Number 78, said point being
920920 the northwest corner of said Alfred Olivo subject tract, a 1/2" iron
921921 pin with a red cap stamped "Boundary Solutions" found at corner,
922922 from which a 1/2" iron pin found bears N 31 40' 42" W, a distance of
923923 176.28 feet;
924924 THENCE, along the said County Road No. 543 south line the
925925 following;
926926 S 89 21' 07" E (deed = S 89 24' 48" E ), a distance of 225.74
927927 feet to a 5/8" iron pin with a red cap found at corner;
928928 S 88 24' 19" E (deed = S 88 23' 30" E ), a distance of 742.45
929929 feet to the most northerly northeast corner of said Alfred Olivo
930930 tract and northwest corner of a tract of land owned by Dario M.
931931 Castillo according to the warranty deed recorded in Volume 5734,
932932 Page 2748 (LRCCT), a 1/2" iron pin with a red cap stamped Tipton
933933 Eng., Inc. set at corner, from which a 5/8" iron pin with a red cap
934934 stamped " Clark" found bears N 71 03' 30" W, a distance of 284.97
935935 feet;
936936 THENCE, S 00 47' 36" W, along an east line of said Alfred
937937 Olivo tract and west line of said Dario M. Castillo tract, a
938938 distance of 91.56 feet to a 1/2" iron pin with a cap stamped Stovall &
939939 Associates found at corner;
940940 THENCE, S 89 18' 46" E ( deed = S 89 19' 33" E ), along a north
941941 line of said Alfred Olivo tract and south line of said Dario M.
942942 Castillo tract, a distance of 331.89 feet to the most easterly
943943 northeast corner of said Alfred Olivo tract, said corner further
944944 being located at a point on the west line of a tract of land conveyed
945945 by Billy G. Roan and wife, Merle Ann Roan to WYA Lake Lavon Ltd., a
946946 Texas limited partnership according to the Special Warranty Deed
947947 with Vendor's Lien recorded in County Clerk File Number
948948 20080111000045480 (LRCCT), a 1/2" iron pin with a cap stamped
949949 Stovall & Associates found at corner;
950950 THENCE, S 00 15' 00" E, along the east line of said Alfred
951951 Olivo tract and said WYA Lake Lavon Ltd., 23.764 acres tract west
952952 line, a distance of 422.28 feet to the southeast corner of said
953953 Alfred Olivo tract, a 1/2" iron pin with a red cap stamped Tipton
954954 Eng. Inc. found at corner;
955955 THENCE, S 89 45' 00" W, along the south line of said Alfred
956956 Olivo tract and the north line of a tract of land conveyed by Angela
957957 Olivo Ramos to WYA Lake Lavon Ltd., a Texas limited partnership,
958958 according to the General Warranty Deed with Vendor's Lien recorded
959959 in County Clerk's File Number 20071126001578660 (LRCCT), a distance
960960 of 1364.23 feet to the southwest corner of said Alfred Olivo tract
961961 and a point on the east line of said State Highway No. 78, a 1/2"
962962 iron pin with a red cap stamped Tipton Eng. Inc. found at corner,
963963 from which a 5/8" iron pin with a yellow cap stamped RPLS 3949 bears
964964 S 39 23' 34" W, a distance of 161.44 feet;
965965 THENCE, along the west line of said Alfred Olivo tract and the
966966 east line of said State Highway No. 78 the following,
967967 Around a non-tangent curve to the right having a central
968968 angle of 11 15' 42", a radius of 1382.39 feet and a chord of N 05 49'
969969 42" W - 271.28 feet, an arc distance of 271.72 feet to a 1/2" iron
970970 pin with a red cap stamped "Boundary Solutions" found at corner;
971971 N 00 36' 13" W ( deed = N 00 11' 36" W - 184.40 feet ), a
972972 distance of 184.23 feet to a wood monument found at corner, from
973973 which the corner of an old house bears N 89 36' 11" E - 61.68 feet
974974 and another wood monument across State Highway No, 78 bears N 78 09'
975975 24" W, a distance of 224.39 feet;
976976 N 45 09' 02" E (deed = N 44 48' 24" E - 130.44 feet), a
977977 distance of 131.71 feet to the PLACE OF BEGINNING with the subject
978978 tract containing 701,603 square feet or 16.1066 acres of land.
979979 PARCEL 10
980980 BEING a tract of land situated in the Roger Willis Survey,
981981 Abstract No. 748, Collin County, Texas, the subject tract being a
982982 portion of that 1473.835 acre tract of land conveyed to Commercial
983983 Capital Investments, Inc. by Resolution Trust Corporation
984984 according to the Special Warranty Deed recorded in Collin County
985985 Clerk File number 94-0058780 of the Land Records Of Collin County
986986 Texas (LRCCT), the subject tract further being a portion of Wenners
987987 Park, an addition to Collin County Texas according to the Final Plat
988988 recorded in Cabinet J, Page 136, (LRCCT), which is included in the
989989 above mentioned Commercial Capital Investments, Inc. 1473.835 acre
990990 tract, the subject tract being more particularly described as
991991 follows;
992992 BEGINNING at a point on the south line of County Road No. 543
993993 (a 120' ROW), said point being located at the Northwest corner of
994994 Lot 1 of said Wenners Park and the southeast corner of that tract of
995995 land conveyed to the County Of Collin for road purposes according to
996996 the Deed recorded in County Clerk File No. 2000-0070885 (LRCCT),
997997 said Beginning Point further being at the northeast corner of a
998998 tract of land owned by John Lindsley McCraw and Marjorie Elizabeth
999999 McCraw according to the Warranty deed recorded in Volume 627, Page
10001000 69 (LRCCT), a 1/2" iron pin with a red cap stamped Tipton Eng, Inc.
10011001 set at corner;
10021002 THENCE, along the said County Road No. 543 southerly line the
10031003 following;
10041004 S 89 24' 06" E, a distance of 890.66 feet to a 1/2" iron pin
10051005 with a red cap stamped Tipton Eng, Inc. set at corner;
10061006 Around a tangent curve to the left having a central angle of
10071007 14 46' 02", a radius of 1249.86 feet, and a chord of N 83 12' 53"
10081008 E-321.24 feet, an arc distance of 322.13 feet to a 1/2" iron pin
10091009 with a red cap stamped Tipton Eng, Inc. set at corner;
10101010 N 75 49' 52" E, a distance of 216.93 feet to a 1/2" iron pin
10111011 with a red cap stamped Tipton Eng, Inc. set at corner;
10121012 Around a tangent curve to the right having a central angle of
10131013 14 22' 13", a radius of 1129.86 feet, and a chord of N 83 00' 59"
10141014 E-282.64 feet, an arc distance of 283.38 feet to a 1/2" iron pin
10151015 with a red cap stamped Tipton Eng, Inc. set at corner;
10161016 S 89 47' 55" E, a distance of 817.15 feet to the northeast
10171017 corner of Lot 12 of said Wenners Park and the southwest corner of a
10181018 tract of land conveyed to the County Of Collin for road purposes
10191019 according to the Deed recorded in County Clerk File No. 99-0115447
10201020 (LRCCT), a 1/2" iron pin found at corner;
10211021 THENCE, along or westerly of the west line of a tract of land
10221022 conveyed to Boyce Creek Estates Partnership, according to the
10231023 Warranty Deed recorded in County Clerk File No. 20071205001626340
10241024 (LRCCT) and the east line of said Wenners Park the following;
10251025 S 00 48' 53" W, a distance of 913.39 feet to a 1/2" iron pin
10261026 found at corner;
10271027 S 01 05' 39" W, a distance of 117.27 feet to a 1/2" iron pin
10281028 with a red cap stamped Tipton Eng, Inc. set at corner;
10291029 S 00 24' 39" E, a distance of 1169.17 feet to a 1/2" iron pin
10301030 found at corner;
10311031 S 01 16' 49" E, a distance of 426.06 feet to the southeast
10321032 corner of said Wenners Park, said corner being located on the north
10331033 line of a tract of land conveyed to Thomas A. Adcox according to the
10341034 Warranty Deed recorded in County Clerk File No. 93-0055843 (LRCCT),
10351035 a 1" iron pipe found at corner from which a fence corner post found
10361036 bears N 58 58' 10" E - 1.72 feet;
10371037 THENCE, N 88 15' 15" W, a distance of 234.65 feet along the
10381038 south line of said Wenners Park and south of the found north line of
10391039 a tract of land conveyed to Thomas A. Adcox according to the
10401040 Warranty Deed recorded in County Clerk File No. 93-0055843 (LRCCT)
10411041 to a 5/8" iron pin found at corner;
10421042 THENCE, N 88 28' 43" W, continuing along the Wenners Park
10431043 south line along the north line of a tract of land conveyed to
10441044 Ronald D. Townsend according to the Warranty Deed With vendor's
10451045 Lien recorded in County Clerk File No. 95.0095541 (LRCCT), a
10461046 distance of 138.01 feet to the northwest corner of said Ronald D.
10471047 Townsend tract;
10481048 THENCE, continuing along the Wenners Park south line and
10491049 along or north of the north line of a tract of land conveyed to
10501050 Arapaho East, Inc. according to the Warranty Deed With Vendor's
10511051 Lien recorded in County Clerk File No. 2007125000110590 the
10521052 following; N 87 28' 53" W, a distance of 106.30 feet to a 1/2" iron
10531053 pin found at corner;
10541054 N 89 09' 24" W, a distance of 660.91 feet;
10551055 N 89 15' 04" W, a distance of 329.10 feet to a 1/2" iron pin
10561056 with a red cap stamped Tipton Eng, Inc. set at corner;
10571057 S 89 19' 08" W, a distance of 200.98 feet to a point being the
10581058 northwest corner of said Arapaho East, Inc. tract and the northeast
10591059 corner of a tract of land conveyed to John Yeager according to the
10601060 Warranty Deed recorded in County Clerk File No. 95-0018001 (LRCCT),
10611061 from said point a 1/2" iron pin with a yellow cap stamped R.S.C.I.
10621062 RPLS 5034 bears N 46 38' 55" E- 3.09 feet;
10631063 THENCE, S 89 49' 14" W, continuing along said Wenners Park
10641064 south line, and the north line of said John Yeager tract, a distance
10651065 of 831.17 feet to a common property corner being the southwest
10661066 corner of said Wenners Park, a northwesterly corner of said John
10671067 Yeager tract, and at a corner of a tract of land conveyed to the
10681068 United States Of America, no monument found at corner.
10691069 THENCE, along the west line of said Wenners Park, and part of
10701070 the way along an east line of said United States of America, and on
10711071 or near the east line of said John Lindsley McCraw and Marjorie
10721072 Elizabeth McCraw tract the following;
10731073 N 01 20' 52" W, a distance of 63.19 feet to a US Government
10741074 monument in concrete found at corner;
10751075 N 00 05' 48" E, a distance of 350.50 feet to a 1/2" iron pin
10761076 found at corner;
10771077 N 00 00' 20" W, a distance of 428.47 feet to a 1/2" iron pin
10781078 found at corner;
10791079 N 01 04' 04" W, a distance of 564.64 feet to a 1/2" iron pin
10801080 with a red cap stamped Tipton Eng, Inc. set at corner;
10811081 N 00 25' 45" W, a distance of 1081.22 feet to the Place of
10821082 Beginning with the subject tract containing 6,354,268 Square Feet
10831083 or 145.8739 acres of land.
10841084 PARCEL 11
10851085 BEING a tract of land situated in the Roger Willis Survey,
10861086 Abstract No. 748 and the James Osgood Survey, Abstract No. 673, in
10871087 Collin County, Texas, the subject tract being all of that 122.085
10881088 acre tract of land conveyed to Boyce Creek Estates Partnership, a
10891089 Texas General Partnership according to the Warranty deed recorded
10901090 in County Clerk File Number 20071205001626340 (LRCCT), the subject
10911091 tract being more particularly described as follows;
10921092 BEGINNING at a point on the south line of County Road No. 543
10931093 (a 120' ROW), said point being located at the Northeast corner of
10941094 Lot 12 of Wenners Park, an addition to Collin County Texas according
10951095 to the Final Plat recorded in Cabinet J, Page 136, (LRCCT), said
10961096 point further being the northwest corner of said Boyce Creek
10971097 Estates Partnership 122.085 acre tract, a 1/2" iron pin found next
10981098 to a fence corner post at corner,
10991099 THENCE, N 89 42' 04" E, along the south line of said County
11001100 Road Number 543, a distance of 645.18 feet to the northwest corner
11011101 of a remaining tract of land conveyed to Commercial Capital
11021102 Investments, Inc. according to the deed recorded in County Clerk
11031103 File Number 94-0058780 (LRCCT), a 1/2" iron pin found at corner;
11041104 THENCE, S 00 17' 56" E, along the west line of said Commercial
11051105 Capital Investments, Inc. tract, a distance of 116.02 feet;
11061106 THENCE, N 89 51' 51" E, along the south line of said
11071107 Commercial Capital Investments, Inc. tract, a distance of 450.80
11081108 feet;
11091109 THENCE, N 00 17' 56" W, along the east line of said Commercial
11101110 Capital Investments, Inc. tract, a distance of 117.32 feet to a
11111111 point on the said County Road Number 543 south line, a 1/2" iron pin
11121112 found at corner;
11131113 THENCE, N 89 42' 04" E, along said County Road Number 543
11141114 south line, a distance of 943.24 feet to the northeast corner of
11151115 said Boyce Creek Estates Partnership tract, said point further
11161116 being the northwest corner of a 11.430 acre tract of land conveyed
11171117 to Raymond and Mary Estrello as recorded in Volume 1268, Page 498
11181118 (LRCCT);
11191119 THENCE, S 00 13' 19" E, along the west line of said 11.430
11201120 acre tract, a distance of 449.65 feet to a 1/2" iron pin found at
11211121 corner;
11221122 THENCE, S 00 05' 23" W, along a fence, a distance of 1068.33
11231123 feet to the existing southwest corner of a 2.600 acre tract of land
11241124 conveyed to Ray Estrello according to the deed recorded in Collin
11251125 County Clerk File Number 96-0033461 (LRCCT);
11261126 THENCE, S 00 01' 45" E, along a fence, a distance of 350.10
11271127 feet to the southwest corner of an 8.00 acre tract of land conveyed
11281128 to Keenan and Janice Lusk according to the deed recorded in Collin
11291129 County Clerk File Number 96-0010294 (LRCCT), a 3/8" iron pin found
11301130 at corner;
11311131 THENCE, S 00 03' 28" E, along a fence, a distance of 750.92
11321132 feet to the southeast corner of said Boyce Creek Estates
11331133 Partnership tract and the southwest corner of a 14.500 acre tract of
11341134 land conveyed to Rick and Terry Rabon according to the deed recorded
11351135 Collin County Clerk File Number 96-0055479 (LRCCT);
11361136 THENCE, along the south line of said Boyce Creek Estates
11371137 Partnership tract the following;
11381138 S 88 49' 18" W, a distance of 322.40 feet to a 3/8" iron pin
11391139 found at corner;
11401140 S 89 32' 40" W, a distance of 641.39 feet;
11411141 S 89 42' 16" W, a distance of 1073.83 feet to the southwest
11421142 corner of said Boyce Creek Estates Partnership tract, a 1" iron pipe
11431143 found at corner, said corner further being the southeast corner of
11441144 the previously mentioned Wenners Park addition;
11451145 THENCE, along the west line of said Boyce Creek Estates
11461146 Partnership tract the following;
11471147 N 00 42' 50" W, passing 4.2 feet east of an angle point of
11481148 said Wenners Park at a distance of 426.03 feet and continuing to
11491149 make a total distance of 837.78 feet;
11501150 N 00 38' 25" W, a distance of 519.80 feet;
11511151 N 00 36' 47" E, passing 4.2 feet east of a 1/2" iron pin with a
11521152 red cap stamped Tipton Eng., Inc. found at corner at a distance of
11531153 237.57 feet and passing 3.2 feet east of a 1/2" iron pin found at a
11541154 distance of 354.83 feet and continuing to make a total distance of
11551155 1268.21 feet to the Place of Beginning with the subject tract
11561156 containing 5,317,920 Square Feet or 122.0827 acres of land.
11571157 SECTION 3. (a) The legal notice of the intention to
11581158 introduce this Act, setting forth the general substance of this
11591159 Act, has been published as provided by law, and the notice and a
11601160 copy of this Act have been furnished to all persons, agencies,
11611161 officials, or entities to which they are required to be furnished
11621162 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
11631163 Government Code.
11641164 (b) The governor, one of the required recipients, has
11651165 submitted the notice and Act to the Texas Commission on
11661166 Environmental Quality.
11671167 (c) The Texas Commission on Environmental Quality has filed
11681168 its recommendations relating to this Act with the governor, the
11691169 lieutenant governor, and the speaker of the house of
11701170 representatives within the required time.
11711171 (d) All requirements of the constitution and laws of this
11721172 state and the rules and procedures of the legislature with respect
11731173 to the notice, introduction, and passage of this Act are fulfilled
11741174 and accomplished.
11751175 SECTION 4. This Act takes effect immediately if it receives
11761176 a vote of two-thirds of all the members elected to each house, as
11771177 provided by Section 39, Article III, Texas Constitution. If this
11781178 Act does not receive the vote necessary for immediate effect, this
11791179 Act takes effect September 1, 2009.