81R4493 HLT-F
By: Laubenberg H.B. No. 4702
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Sienna Ranch Municipal Utility
District No. 1 of Collin County; providing authority to impose a tax
and issue bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8305 to read as follows:
CHAPTER 8305. SIENNA RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
COLLIN COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8305.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Sienna Ranch Municipal
Utility District No. 1 of Collin County.
Sec. 8305.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8305.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8305.004. CONSENT OF MUNICIPALITY AND ANNEXATION INTO
CORPORATE LIMITS REQUIRED. The temporary directors may not hold an
election under Section 8305.003 until:
(1) the City of Nevada has consented by ordinance or
resolution to the creation of the district and to the inclusion of
land in the district; and
(2) all of the territory of the district has been
annexed into the corporate limits of the city of Nevada.
Sec. 8305.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8305.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made 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 bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8305.007-8305.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8305.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8305.052, directors serve
staggered four-year terms.
Sec. 8305.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8305.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8305.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8305.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
[Sections 8305.053-8305.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8305.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8305.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8305.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8305.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8305.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8305.106. EFFECT OF ANNEXATION BY CITY OF NEVADA. (a)
The City of Nevada may annex part of the territory of the district
into its corporate limits without annexing all of the territory of
the district under an agreement entered into before the effective
date of the Act creating this chapter between the City of Nevada and
the landowners of the land being annexed. The district continues in
existence following annexation of part of the territory of the
district as described by this subsection.
(b) The district shall be dissolved and its debts and
obligations assumed by the City of Nevada in accordance with
Chapter 43, Local Government Code, including Sections 43.075 and
43.0715, on annexation of all of the territory of the district by
the City of Nevada, provided that:
(1) water, sanitary sewer, and drainage improvements,
and roads have been constructed to serve at least 95 percent of the
territory of the district; or
(2) the board adopts a resolution consenting to the
dissolution of the district.
(c) Notwithstanding Section 54.016(f)(2), Water Code, a
contract ("Allocation Agreement") between the City of Nevada and
the district that provides for the allocation of the taxes or
revenues of the district and the city following the date of
inclusion of all the district's territory in the corporate limits
of the city, may provide that the total annual ad valorem taxes
collected by the city and the district from taxable property in the
district may exceed the city's ad valorem tax on the property.
Sec. 8305.107. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8305.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8305.108-8305.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8305.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8305.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8305.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8305.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8305.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8305.154-8305.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8305.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8305.202. TAXES FOR BONDS. 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 ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8305.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Sienna Ranch Municipal Utility District No.
1 of Collin County initially includes all the territory contained
in the following area:
PARCEL 1
BEING a tract of land situated in the Denton Helmstettler
Survey, Abstract No. 378, the Roger Willis Survey, Abstract No.
748, and the Willis Roberts Survey, Abstract No. 790, Collin
County, Texas, the subject tract being a portion of that 1473.835
acre tract of land conveyed to Commercial Capital Investments, Inc.
by Resolution Trust Corporation according to the Special Warranty
Deed recorded in Collin County Clerk File number 94-0058780 of the
Land Records Of Collin County Texas (LRCCT), the subject tract
further being portions of three subdivision Final Plats filed in
said Land Records of Collin County Texas, those being Lake Hills,
Phase 1 recorded in Cabinet J, Page 134, Park Meadows Phase 1
recorded in Cabinet J, Page 137, and Sommerset Estates, Revised
Phase 1 recorded in Cabinet J, Page 313, said three subdivisions
being included within the above mentioned Commercial Capital
Investments, Inc. 1473.835 acre tract, the subject total tract
being more particularly described as follows;
BEGINNING at a point on the south line of Farm-To-Market Road
Number 1778, said south line being the same south line of that 15
feet wide strip of land dedicated by the above mentioned Park
Meadows Phase 1 Final Plat (Cab. J, Pg. 137), said Beginning point
further being the Northeast corner of Lot 4 of said Park Meadows
Phase 1 Final Plat and northwest corner of a tract of land conveyed
to Walt C. HSU according to the Warranty Deed recorded in Volume
3201, Page 795 (LRCCT), a 1/2" iron pin with a red cap stamped
Tipton Engineering, Inc. set at corner;
THENCE, along the easterly line of the previously mentioned
Park Meadows Phase 1 addition line and along the westerly lines of
the following tracts; three tracts of land of land conveyed to Walt
C. HSU according to two Warranty Deeds recorded in Volume 3201, Page
795 and Volume 3201, Page 797 (LRCCT), and a tract of land conveyed
to Phillip Chen recorded in Volume 3584, Page 166 (LRCCT) the
following:
S 00 48' 47" E, a distance of 571.95 feet to a 60d nail found
at corner;
S 00 38' 46" E, a distance of 354.47 feet to a 60d nail found
at corner;
S 00 50' 29" E, a distance of 489.70 feet to an iron pin found
at corner;
S 00 46' 54" E, a distance of 299.68 feet to a 60d nail found
at corner;
S 01 19' 27" E, a distance of 524.53 feet to an iron pin found
at an ell corner of said Commercial Capital Investments, Inc.
tract, said corner further being the southwest corner of said
Phillip Chen tract;
THENCE, along a north line of said Park Meadows Phase 1 and
the south lines of said Phillip Chen tract, a tract conveyed to
Charles Sitzes according to the deed recorded in Volume, 5746, Page
4572, (LRCCT), a tract conveyed to John A. Whitson according to the
deed recorded in County Clerk File number 93-0046157 (LRCCT), and a
tract conveyed to Jesus Canales according to the deed recorded in
Volume 4987, Page 1808 (LRCCT) the following;
South 89 02' 27" E, a distance of 658.56 feet to an iron
pin found at corner;
South 89 07' 19" E, a distance of 2108.54 feet to another ell
corner of said Commercial Capital Investments, Inc. tract and
westerly line of Price Creek Estates, an addition to Collin County
according to the Final Plat recorded in Cabinet I, Page 517 (LRCCT),
a 1/2" iron pin next to a fence corner post found at corner;
THENCE, S 00 04' 47" E, along the easterly line of said Park
Meadows Phase 1 and a westerly line of said Price Creek Estates, a
distance of 156.97 feet to an ell corner for both said Final Plats,
Price Creek Estates and Park Meadows Phase 1, said point also being
on the northerly line of Dearborn Acres Phase 1, an addition to
Collin County according to the Final Plat recorded in Cabinet J,
Page 145 (LRCCT);
THENCE, with the center of Price Creek and along the common
line between said additions, Dearborn Acres Phase 1 and Park
Meadows Phase 1 the following;
S 83 21' 39" W, a distance of 30.84 feet; S 71 03' 54" W, a
distance of 28.06 feet;
S 44 28' 19" W, a distance of 52.54 feet; S 22 28' 07" W, a
distance of 69.53 feet;
S 60 04' 07" W, a distance of 43.37 feet; N 86 00' 18" W, a
distance of 25.10 feet;
S 66 13' 16" W, a distance of 140.26 feet; S 43 31' 15" W, a
distance of 49.79 feet;
S 65 26' 13" W, a distance of 131.00 feet; S 36 26' 54" W, a
distance of 60.05 feet;
S 72 04' 37" W, a distance of 111.47 feet; S 85 25' 43" W, a
distance of 212.81 feet;
S 85 44' 44" W, a distance of 211.15 feet; S 69 09' 30" W, a
distance of 143.03 feet;
S 68 17' 17" W, a distance of 67.74 feet; N 83 10' 43" W, a
distance of 61.36 feet;
S 58 50' 34" W, a distance of 164.79 feet; S 52 22' 44" W, a
distance of 44.73 feet;
S 62 21' 17" W, a distance of 49.51 feet; S 86 31' 51" W, a
distance of 41.24 feet;
S 63 55' 53" W, a distance of 128.94 feet; S 60 49' 53" W a
distance of 131.62 feet;
S 56 28' 41" W, a distance of 127.19 feet; S 63 10' 56" W, a
distance of 52.78 feet;
S 80 45' 54" W, a distance of 50.46 feet; S 72 01' 10" W, a
distance of 126.88 feet to a point on the northerly line of the
previously mentioned Lake Hills Phase 1 addition;
THENCE, along a creek and along the northerly and easterly
line of said Lake Hills Phase 1 and the southwesterly and westerly
line of said Dearborn Acres Phase 1 the following;
S 20 07' 18" E, a distance of 35.15 feet; N 71 06' 50" E, a
distance of 42.23 feet;
S 40 32' 52" E, a distance of 24.72 feet; S 78 01' 18" E, a
distance of 109.13 feet;
S 58 24' 56" E, a distance of 71.87 feet; N 70 21' 55" E, a
distance of 51.93 feet;
S 58 47' 28" E, a distance of 82.38 feet; S 87 13' 03" E, a
distance of 36.21 feet;
S 39 30' 42" E, a distance of 38.80 feet; S 84 53' 40" E, a
distance of 32.75 feet;
S 50 38' 42" E, a distance of 137.16 feet; S 81 23' 41" E, a
distance of feet 61.43 feet;
S 55 18' 27" E., a distance of 59.33 feet: S 38 02' 26" E, a
distance of 77.63 feet;
S 53 46' 10" E, a distance of 61.86 feet; S 29 19' 27" E, a
distance of 63.87 feet;
S 62 43' 45" E, a distance of 15.41 feet; S 75 09' 51" E, a
distance of 75.61 feet;
N 51 34' 08" E, a distance of 46.71 feet; S 61 49' 18" E, a
distance of 29.41 feet;
S 16 04' 27" E, a distance of 27.49 feet, S 75 25' 16" E, a
distance of 92.21 feet;
S 65 45' 26" E, a distance of 135.63 feet; S 58 05' 24" E, a
distance of 108.92 feet;
S 56 13' 03" E, a distance of 86.50 feet; S 67 13' 21" E, a
distance of 87.18 feet;
S 65 25' 12" E, a distance of 34.56 feet; S 03 53' 51" E, a
distance of 95.72 feet;
S 52 16' 17" E, a distance of 69.15 feet; S 06 27' 15" E, a
distance of 67.59 feet;
S 28 12' 59" E, a distance of 94.16 feet; S 07 03' 34" E, a
distance of 105.29 feet to an iron pin found at corner.
S 14 12' 13" W, a distance of 566.46 feet to an iron pin found
at corner;
S 00 36' 58" W, a distance of 435.57 feet to a point on the
north line of Farm-To-Market Road No. 543, said point being the
southeast corner of Lot 12 of said Lake Hills Phase 1 and the
southwest corner of Lot 1 of Dearborn Acres Phase 1 to a 1/2" iron
pin with a red cap stamped Tipton Engineering, Inc. set at corner;
THENCE, along the said County Road No. 543 north line the
following;
N 89 24' 42" W, a distance of 2415.58 feet to a 1/2" iron pin
with a red cap stamped Tipton Engineering, Inc. set at corner;
Around a tangent curve to the right having a central angle of
08 50' 44", a radius of 1849.86 feet and a chord of N 84 59' 20" W -
285.31 feet, an arc distance of 285.59 feet to a 1/2" iron pin with a
red cap stamped Tipton Engineering, Inc. set at corner;
N 80 33' 58" W, a distance of 278.01 feet to a point on an
easterly line of a tract of land conveyed to the United States of
America for Lake Lavon, said point further being on the westerly
line of said Lake Hills Phase 1, and located at the southwest corner
of Lot 1 of said Lake Hills Phase 1, a 1/2" iron pin with a red cap
stamped Tipton Engineering, Inc. set at corner, from which a 5/8"
iron pin found bears S 73 23' 20" E, a distance of 0.82 feet;
THENCE, N 29 00' 04" E, along the said Lake Hills Phase 1
westerly line and easterly line of said United States of America
property, a distance of 899.16 feet to an ell corner of said United
States of America property and Lake Hills Phase 1 westerly line, a
concrete Government marker found at corner;
THENCE, N 57 11' 26" W, along a northerly line of said United
States of America property and southerly line of Lot 14 of Lake
Hills Phase 1 and southerly line of the previously mentioned Park
Meadows Phase 1, a distance of 519.49 feet to a concrete Government
marker found at corner;
THENCE, S 89 16' 26" W, continuing along the northerly line
of said USA property and along the said Park Meadows Phase 1
southerly line and a southerly line of the previously mentioned
Sommerset Estates Revised Phase 1, a distance of 349.84 feet to an
ell corner of said USA property and Sommerset Estates Revised Phase
1, a concrete Government marker found at corner;
THENCE, along a westerly line of said United States of
America property and easterly line of said Sommerset Estates
Revised Phase 1 the following;
S 42 57' 42" W, a distance of 779.67 feet to a concrete
Government marker found at corner;
S 70 13' 25" W, a distance of 429.81 feet to a concrete
Government marker found at corner;
S 47 45' 34" W, a distance of 423.23 feet to a point on the
northerly line of said Farm-To-Market Road No. 543 as dedicated by
the said Final Plat of Sommerset Estates Revised Phase 1, a 1/2"
iron pin with a red cap stamped Tipton Eng, Inc. set at corner;
THENCE, along said Farm-To-Market Road No. 543 northerly line
the following;
N 87 26' 57" W, a distance of 437.75 feet to a 1/2" iron pin
with a red cap stamped Tipton Eng, Inc. set at corner;
N 86 45' 05" W, a distance of 328.51 feet to a 1/2" iron pin
found at corner;
N 89 58' 53" W, a distance of 99.89 feet to the southwest
corner of Lot 1 of said Sommerset Estates Revised Phase 1, said
corner further being on the east line of Rocky Road, a 50 feet wide
Right-Of-Way easement, a 1/2" iron pin with a red cap stamped Tipton
Eng, Inc. set at corner;
THENCE, N 01 02' 52" E, along the west line of said Sommerset
Estates Revised Phase 1 and said Rocky Road east line, a distance of
1107.07 feet to an ell corner of said Sommerset Estates Revised
Phase 1, said corner further being the southwest corner of a tract
of land conveyed to Teri L. Beckmeyer by the General Warranty Deed
recorded in 94-0033501 (LRCCT), a 5/8" iron pin found at corner;
THENCE, S 88 17' 44" E, along the south line of said Teri L.
Beckmeyer tract and north line of Lot 2 of said Sommerset Estates
Revised Phase 1, a distance of 593.43 feet to an ell corner of said
Sommerset Estates Revised Phase 1, a 1/2" iron pin with a red cap
stamped Tipton Eng, Inc. set at corner;
THENCE, along a west line of said Sommerset Estates Revised
Phase 1 and the east line of said Teri, L. Beckmeyer, and the east
lines of the following tracts, a tract conveyed to Harry E. Shibler
and Teri. L. Beckmeyer according to the Warranty Deed with Vendor's
Lein recorded in County Clerk File Number 94-0056623 (LRCCT), two
tracts conveyed to John Clentis Simpson, Sr. according to the
Special Warranty Deed recorded in Volume 5936, Page 4879 (LRCCT),
and that tract conveyed to Carol Chamberlain and Allen Chamberlain
according to the Warranty Deed With Vendor's Lien recorded in
Volume 4704, Page 1799 the following;
N 00 47' 24" W, a distance of 296.21 feet to a 1/2" iron
pin found at corner;
N 01 08' 33" W, a distance of 240.54 feet to a 1/2" iron
pin found at corner;
N 00 36' 15" W, a distance of 195.04 feet to a 1/2" iron
pin found at corner;
N 01 29' 49" W, a distance of 193.39 feet to a 1/2" iron
pin found at corner;
N 00 42' 09" W, a distance of 467.62 feet to an ell corner of
said Sommerset Estates Revised Phase 1, said corner being on a south
line of a tract of land conveyed to JoAnne Gambrell Airhart and Tom
Patterson Airhart, according to the Warranty Deed With Vendor's
Lien recorded in Volume 4510, Page 1852 (LRCCT), a 1/2" iron pin
found at corner;
THENCE, S 89 17' 05" E, along the south line of said JoAnne
Gambrell Airhart and Tom Patterson Airhart tract part of the way,
along the south line of a tract of land owned by Karen Webb Bennet
Ind Exec according to the deed recorded in Volume 1769, Page 435
(LRCCT) and along a north line of said Sommerset Estates Revised
Phase 1, a distance of 1660.39 feet to an ell corner of said
Sommerset Estates Revised Phase 1 and southeast corner of said
Karen Webb Bennet Ind Exec tract, a 1/2" iron pin found 3.7 feet
east of a fence corner post at corner;
THENCE, along the a west line of said Sommerset Estates
Revised Phase 1 addition and along the east lines of said Karen Webb
Bennet Ind Exec tract, that tract conveyed to Altis L. Powell Et Ux
according to the deed recorded in Volume 377, Page 119 (LRCCT), the
following;
N 01 02' 36" E, a distance of 1376.06 feet to a 60d nail
found at corner;
N 00 50' 16" E, a distance of 547.97 feet to a 1/2" iron
pin found at corner;
N 00 48' 18" E, a distance of 340.88 feet to the southwest
corner of Lot 1 of said Park Meadows Phase 1, a 1/2" iron pin with a
red cap stamped Tipton Engineering, Inc. set at corner;
THENCE, S 89 35' 45" E, along the south line of said Lot 1 of
Park Meadows Phase 1, a distance of 80.60 feet to a 1/2" iron pin
with a red cap stamped Tipton Engineering, Inc. set at corner;
THENCE, N 86 52' 56" E, continuing along the said Lot 1 of
Park Meadows Phase 1 south line, a distance of 137.15 feet to the
southeast corner of said Lot 1 of Park Meadows Phase 1, a 1/2" iron
pin with a red cap stamped Tipton Engineering, Inc. set at corner;
THENCE, N 00 04' 54" W, along the east line of said Lot 1 of
Park Meadows Phase 1, a distance of 414.78 feet to a point on the
previously mentioned south line of Farm-To-Market Road No. 1778, a
1/2" iron pin with a red cap stamped Tipton Engineering, Inc. set at
corner;
THENCE, N 86 24' 17" E, along the said Farm-To-Market Road
Number 1778 southerly line, a distance of 811.78 feet to the Place
of Beginning with the subject tract containing 15,226,847 Square
Feet or 349.5603 acres of land.
PARCEL 2
BEING a tract of land situated in the Silvester Williams
Survey, Abstract No. 955 and Willis Roberts Survey, Abstract No.
790, Collin County, Texas, the subject tract being a portion of that
1473.835 acre tract of land conveyed to Commercial Capital
Investments, Inc. by Resolution Trust Corporation according to the
Special Warranty Deed recorded in Collin County Clerk File number
94-0058780 of the Land Records Of Collin County Texas (LRCCT), the
subject tract being more particularly described as follows;
BEGINNING at a point on the southerly line of County Road No.
543 and at the southwest corner of that tract of land conveyed to
Collin County (for road purposes) according to the Deed recorded in
County Clerk File Number 99-0040895 (LRCCT), said beginning point
being on the west line of said Commercial Capital Investments, Inc.
1473.835 acre tract and further being S 01 04' 17" W, a distance of
61.64 feet from the intersection of the north line of County Road
No. 543 and the east line of Rocky Road as shown on the Final Plat of
Sommerset Estates, an addition to Collin County according to said
Final Plat recorded in Cabinet J, Page 313 (LRCCT), a 1/2" iron pin
found at corner;
THENCE, along the said County Road No. 543 southerly line the
following;
S 88 52' 45" E, a distance of 169.88 feet to a 1/2" iron pin
found at corner;
S 84 33' 39" E, a distance of 606.25 feet to a point on an
easterly line of said Commercial Capital Investments, Inc. 1473.835
acre tract and northwesterly line of a tract of land conveyed to the
United States Of America, a 1/2" iron pin found at corner;
THENCE, S 47 45' 34" W, along the said Commercial Capital
Investments, Inc. 1473.835 acre tract southeasterly line and United
States of America tract northwesterly line, a distance of 1750.27
feet to a US Government marker in concrete found at corner;
THENCE, along a southerly and westerly line of said
Commercial Capital Investments, Inc. 1473.835 acres tract and a
northerly and easterly line of said United States of America tract
the following;
N 46 24' 25" W, a distance of 265.29 feet to a US Government
marker in concrete found at corner;
N 12 08' 44" E, a distance of 594.70 feet to a US Government
marker in concrete found at corner;
THENCE, S 84 49' 00" E, along a northerly line of said
Commercial Capital Investments, Inc. 1473.835 acres tract and part
of the way along a southerly line of a United States of America
tract and south line of a tract of land conveyed to J. B. Justice
according to the deed recorded in Volume 645, Page 055 (LRCCT), a
distance of 581.99 feet to the southeast corner of said J. B.
Justice tract and an ell corner of said Commercial Capital
Investments, Inc. 1473.835 acres tract, a US Government marker in
concrete found at corner;
THENCE, N 01 04' 08" E, along a west line of said Commercial
Capital Investments, Inc. 1473.835 acres tract and east line of
said J. B. Justice tract, a distance of 525.75 feet to the Place of
Beginning with the subject tract containing 654,044 Square Feet or
15.0148 Acres of Land.
PARCEL 3
BEING a tract of land situated in the Roger Willis Survey,
Abstract No. 748, and the Silvester Williams Survey, Abstract No.
955 Collin County, Texas, the subject tract being a portion of that
1473.835 acre tract of land conveyed to Commercial Capital
Investments, Inc. by Resolution Trust Corporation according to the
Special Warranty Deed recorded in Collin County Clerk File number
94-0058780 of the Land Records Of Collin County Texas (LRCCT), the
subject tract further being a portion of Shalimar Acres, an
addition to Collin County Texas according to the Final Plat
recorded in Cabinet J, Page 136, (LRCCT), land in said plat being
included in the above mentioned Commercial Capital Investments,
Inc. 1473.835 acre tract, the subject tract being more particularly
described as follows;
BEGINNING at the intersection of the southerly line of County
Road No. 543 and the west line of County Road No. 544, said point
further being located at the northeast corner of Lot 1 of said
Shalimar Acres, a 1/2" iron pin with a red cap stamped Tipton Eng,
Inc. set at corner;
THENCE, S 00 07' 23" W, along the said County Road No. 544
west line, a distance of 2065.10 feet to the southeast corner of Lot
16, of Shalimar Acres, said corner being located on the north line
of a tract of land conveyed to the United States Of America, a 1/2"
iron pin with a red cap stamped Tipton Eng, Inc. set at corner, from
which a US Government marker in concrete found bears N 73 18' 15" E,
a distance of 9.85 feet;
THENCE, along the southerly and westerly line of said
Shalimar Acres and a northerly and easterly line of said United
States of America tract the following;
S 73 18'15" W, a distance of 493.72 feet to a US Government
marker in concrete found at corner;
N 67 31' 55" W, a distance of 619.64 feet to a US Government
marker in concrete found at corner;
S 89 05' 23" W, a distance of 570.02 feet to a US Government
marker in concrete found at corner;
N 36 58' 31" E, a distance of 919.31 feet to a US Government
marker in concrete found at corner;
N 26 55' 54" E, a distance of 499.80 feet to a US Government
marker in concrete found at corner;
N 64 31' 34" E, a distance of 464.89 feet to a US Government
marker in concrete found at corner;
N 29 01' 25" E, a distance of 699.51 feet to a point on the
previously mentioned County Road No. 543 south line, said point
further being the northwest corner of the previously mentioned Lot
1 of Shalimar Acres, a US Government marker in concrete found at
corner;
THENCE, S 81 18' 52" E, along said County Road No. 543 south
line, a distance of 82.46 feet to the Place Of Beginning with the
subject tract containing 1,820,913 Square Feet or 41.8024 acres of
land.
PARCEL 4
BEING a tract of land situated in the Roger Willis Survey,
Abstract No. 748, Collin County, Texas, the subject tract being a
portion of that 1473.835 acre tract of land conveyed to Commercial
Capital Investments, Inc. by Resolution Trust Corporation
according to the Special Warranty Deed recorded in Collin County
Clerk File number 94-0058780 of the Land Records Of Collin County
Texas (LRCCT), the subject tract further being a portion of
Shalimar Acres, an addition to Collin County Texas according to the
Final Plat recorded in Cabinet J, Page 136, (LRCCT), land in said
plat being included in the above mentioned Commercial Capital
Investments, Inc. 1473.835 acre tract, the subject tract being more
particularly described as follows;
BEGINNING at the intersection of the southerly line of County
Road No. 543 and the east line of County Road No. 544 as dedicated by
said Shalimar Acres Final Plat, said Beginning Point further being
located at the northwest corner of Lot 2 of said Shalimar Acres, a
1/2" iron pin with a red cap stamped Tipton Eng, Inc. set at corner;
THENCE, S 80 33' 58" E, along the southerly line of said
County Road No. 543 a distance of 177.59 feet to a 1/2" iron pin with
a red cap stamped Tipton Eng, Inc. set at corner;
THENCE, continuing along said County Road No, 543 southerly
and around a tangent curve to the left having a central angle of 08
34' 08", a radius of 1969.86 feet, and a chord of S 84 51' 02" E with
a distance of 294.33 feet, an arc distance of 294.60 feet to the
northeast corner of Lot 4 of said Shalimar Acres and the southwest
corner of a tract of land conveyed to Collin County for right-of-way
according to the Deed recorded in County Clerk File No.
2000-0070885 (LRCCT), a 1/2" iron pin found at corner;
THENCE, S 00 36' 54" E, along the east line of said Shalimar
Acres and a west line of a tract of land conveyed to John Lindsley
McCraw, Jr. and Marjorie Elizabeth Gantt according to the Warranty
Deed recorded in Volume 627, page 69 (LRCCT), a distance of 313.35
feet to an ell corner of said Shalimar Acres and John Lindsley
McCraw, Jr. and Marjorie Elizabeth Gantt tract, a US Government
marker in concrete found at corner);
THENCE, S 88 28' 08" W, along a south line of said Shalimar
Acres and a north line of said John Lindsley McCraw, Jr. and
Marjorie Elizabeth Gantt tract, a distance of 472.68 feet to a point
on the previously mentioned County Road No, 544, said point further
being the southwest corner of Lot 2 of said Shalimar Acres, a 1/2"
iron pin with a red cap stamped Tipton Eng, Inc. set at corner;
THENCE, N 00 07' 23" E, along said County Road No, 544 east
line, a distance of 381.49 feet to the Place Of Beginning with the
subject tract containing 160,368 Square Feet or 3.6815 Acres of
land.
PARCEL 5
BEING a tract of land situated in the Roger Willis Survey,
Abstract No. 748, and the Silvester Williams Survey, Abstract No.
955 Collin County, Texas, the subject tract being a portion of that
1473.835 acre tract of land conveyed to Commercial Capital
Investments, Inc. by Resolution Trust Corporation according to the
Special Warranty Deed recorded in Collin County Clerk File number
94-0058780 of the Land Records Of Collin County Texas (LRCCT), the
subject tract being more particularly described as follows;
COMMENCING at the intersection of the southerly line of
County Road No. 543 and the west line of County Road No. 544 as
dedicated by said Shalimar Acres Final Plat, said point further
being located at the northeast corner of Lot 1 of said Shalimar
Acres, a 1/2" iron pin with a red cap stamped Tipton Eng, Inc. set at
corner;
THENCE, N 81 19' 37" W, along the said County Road No. 543
south line, a distance of 82.52 feet to the Place Of Beginning of
the here-in described tract of land and northwest corner of said Lot
1 of Shalimar Acres, said corner further being located at an ell
corner of a tract of land conveyed to the United States Of America,
a US Government marker in concrete found at corner;
THENCE, leaving the addition line of said Shalimar Acres and
along a common line between that Commercial Capital Investments,
Inc. 1473.835 acres tract and the previously mentioned United
States of America tract the following;
N 89 15' 55" W, a distance of 473.20 feet to a 1/2" iron
pin found at corner;
N 00 45' 29" E, a distance of 92.19 feet to a 1/2" iron pin
found at corner;
THENCE, continuing along the previously mentioned common
property lines and along the approximate centerline of said County
Road No. 543 the following;
N 88 56' 29" E, a distance of 107.30 feet to a 1/2" iron pin
found at corner;
S 84 41' 46" E, a distance of 286.48 feet;
S 81 15' 53" E, a distance of 112.04 feet;
THENCE, S 33 09' 52" E, leaving said County Road No. 543 north
line and along a portion of that County Road No. 543 right-of-way
dedication by said Shalimar Acres, a distance of 69.05 feet;
THENCE, N 89 06' 54" W, continuing along said County Road No.
543 right-of-way dedication by said Shalimar Acres, a distance of
69.12 feet to the Place Of Beginning with the subject tract
containing 42,403 Square Feet or 0.9734 acres of land.
PARCEL 6
BEING a tract of land situated in the Thomas Toby Survey,
Abstract No. 925 in the Sylvester William Survey, Abstract No. 955,
Collin County, Texas being all of a called 16.105 acre tract of land
conveyed by Angela Olivo Ramos to WYA Lake Lavon Ltd., a Texas
limited partnership, according to the General Warranty Deed with
Vendor's Lien recorded in County Clerk's File Number
20071126001578660 of the Land Records of Collin County, Texas
(LRCCT), the subject tract being more particularly described as
follows;
BEGINNING at a 1/2" iron pin found with a red cap in the
easterly right-of-way of State Highway No. 78 same being the
southwest corner of the subject tract and the northwest corner of a
tract of land conveyed to W.B. Montgomery;
THENCE, N 15 54' 36" W, along the easterly line of said State
Highway No. 78, a distance of 453.48 feet to a 1/2" iron pin with a
red cap stamped Tipton Eng. Inc. set at corner, from which a wood
right-of-way monument bears S 16 24' 09" E, a distance of 63.19
feet;
THENCE, continuing along the easterly line of said State
Highway No. 78 and around a curve to the right having a central
angle of 04 27' 04", a radius of 1382.93 feet, a chord of N 13 41'
04" W - 107.37 feet, an arc distance of 107.39 feet to a 1/2" iron
pin with a red cap stamped Tipton Eng. Inc. set at corner;
THENCE, N 89 45' 00" E, along the south line of a tract of
land conveyed to Angela Olivo Ramos, according to the Warranty Deed
recorded in County Clerk File Number 20060208000171830 (LRCCT), a
distance of 1364.23 feet to the northeast corner of the subject
tract and a point in the west line of a called 23.764 acres tract of
land conveyed by Billy G. Roan and wife, Merle Ann Roan to WYA Lake
Lavon Ltd., a Texas limited partnership according to the Special
Warranty Deed with Vendor's Lien recorded in County Clerk File
Number 20080111000045480 (LRCCT), a 1/2" iron pin with a red cap
stamped Tipton Eng. Inc set at corner from which a 5/8" iron pin
found with a red cap stamped "Clark" bears N 00 09' 30" W, a
distance of 515.87 feet;
THENCE, S 00 15' 00" E, along the east line of said 16.105
acres WYA Lake Lavon Ltd., tract and west line of said WYA Lake
Lavon Ltd. 23.764 acres tract, a distance of 547.75 feet to a 1/2"
iron pin found at corner;
THENCE, N 89 05' 05" W, along the south line of said WYA Lake
Lavon Ltd. 16.105 acres tract and the north line of said WYA Lake
Lavon Ltd. 23.764 acres tract, a distance of 205.28 feet to a common
northerly corner of said WYA Lake Lavon Ltd. 23.764 acres tract and
an 18.8098 acres tract of land conveyed by JDI Investors, LP to WYA
Lake Lavon Ltd., a Texas limited partnership according to according
to the Special Warranty Deed with Vendor's Lien recorded in CC#
20080702000812420 (LRCCT), a 1/2" iron pin found with a red cap
stamped "Clark" found 1 foot NW of a fence corner post at corner;
THENCE, S 89 53' 31" W, along the north line of said WYA Lake
Lavon Ltd 18.8098 acres tract of land and the south line of the
subject WYA Lake Lavon Ltd. 16.105 acres tract of land, passing a
1/2" iron pin found at the northeast corner of said Montgomery Tract
at a distance of 592.68 feet and continuing along the north line of
said Montgomery Tract for a total distance of 1011.65 feet to the
PLACE OF BEGINNING with the subject tract containing 701,534 square
feet or 16.105 acres of land.
PARCEL 7
BEING a tract of land situated in the Sylvester William
Survey, Abstract No. 955, Collin County, Texas and being all of a
called 23.764 acres tract of land conveyed by Billy G. Roan and
wife, Merle Ann Roan to WYA Lake Lavon Ltd., a Texas limited
partnership according to the Special Warranty Deed with Vendor's
Lien recorded in County Clerk File Number 20080111000045480
(LRCCT), the subject tract being more particularly described as
follows;
BEGINNING at a 5/8" iron pin with a red cap stamped " Clark"
found for corner at the intersection of the South right-of-way of
County Road 543, the west boundary line of said 23.764 acres tract
and the east boundary line of a 1.001 acre tract owned by Dario M.
Castillo according to the warranty deed recorded in Volume 5734,
Page 2748 (LRCCT), said beginning point further being located at
the southwest corner of a 0.4622 acre tract described in conveyance
from Bill G. Roan to County of Collin, dated May 24, 2000 and
recorded in Volume 4677, Page 1545 (LRCCT), said beginning point
further being 1303.91 feet easterly, along said County Road 543
south line, from the point of intersection of the south line of
County Road No. 543 (Vol. 4837, Page 725 LRCCT), a variable width
ROW and the east line of State Highway Number 78;
THENCE with the south right-of-way of County Road 543 and the
south boundary line of said 0.4622 acre tract the following;
S 89 25' 22" E, a distance of 30.49 feet to a 1/2" iron rod
found for corner;
N 89 06' 30" E, a distance of 430.67 feet to the northeast
corner of the said subject 23.764 acres tract, said point further
being located on the west line of a 15.23 acres tract conveyed by
Emma Nowlin, et al to the United States of America dated September
21, 1972, recorded in Volume 837, Page 367 (LRCCT), a 1/2" iron rod
found at corner;
THENCE, S 30 07' 59" E, a distance of 531.40 feet to a
concrete corporation monument found for corner and 1.2 feet north
of a fence corner, said corner being an interior corner of the
United States of America 15.23 acres tract;
THENCE, along the east line of said WYA Lake Lavon Ltd.23.764
acres tract and the west line of said United States of America tract
the following;
S 57 08' 27" W, a distance of 564.72 feet to a concrete
corporation monument found near a fence corner at corner,
S 30 05' 11" E, a distance of 310.04 feet to a concrete
corporation monument found at corner;
S 06 02' 06" W, passing a concrete corporation monument found
at a distance of 499.80 feet and continuing to make a total distance
of 899.52 feet to the most southerly southeast corner of said WYA
Lake Lavon Ltd. 23.764 acres tract, a concrete corporation monument
found at corner;
THENCE, S 77 58' 17" W, along the south line of said WYA Lake
Lavon Ltd. 23.764 acres tract and the north line of said United
States of America 15.23 acres tract, a distance of 530.53 feet to
the southwest corner of the subject WYA Lake Lavon Ltd. 23.764 acres
tract and the southeast corner of that 18.8098 acres tract of land
conveyed by JDI Investors, LP to WYA Lake Lavon Ltd., a Texas
limited partnership according to according to the Special Warranty
Deed with Vendor's Lien recorded in CC# 20080702000812420 (LRCCT),
a 1/2" iron pin with a red cap stamped "Wisdom" found at corner,
from which a fence corner post bears S 04 44" 01" E, a distance of
5.32 feet and a metal pole of a power line bears S 59 34' 51" E, a
distance of 70.91 feet;
THENCE N 00 12' 05" E, along the east line of said WYA Lake
Lavon Ltd. 18.8098 acres tract and the west line of said WYA Lake
Lavon Ltd. 23.764 acres tract and generally along or near a barbed
wire fence, a distance of 972.68 to a point on the south line of a
16.105 acre tract of land conveyed by Angela Olivo Ramos to WYA Lake
Lavon Ltd., a Texas limited partnership, according to the General
Warranty Deed with Vendor's Lien recorded in County Clerk's File
Number 20071126001578660 of the Land Records of Collin County,
Texas (LRCCT), a 1/2" iron pin with a red cap stamped "Clark" found
1 foot NW of a fence corner post at corner;
THENCE, S 89 05' 05" E, along the north line of the subject
WYA Lake Lavon Ltd. 23.764 acres tract and the south line of said
WYA Lake Lavon Ltd. 16.105 acres tract, a distance of 205.28 feet to
a 1/2" iron pin found at corner;
THENCE, N 00 15' 00" W, along the subject WYA Lake Lavon Ltd.
23.764 acres tract west line and east lines of the said WYA Lake
Lavon Ltd. 16.105 acres tract and that 16.1066 acres tract of land
owned by Angela Olivo Ramos, according to the warranty deed
recorded in County Clerk's File Number 20060208000171830 (LRCCT), a
distance of 970.04 feet to a 1/2" iron pin with a cap stamped
Stovall & Associates found at corner;
THENCE, N 00 03' 27" E, along the east line of said Dario M.
Castillo 1.001 acre tract and the west line of the subject WYA Lake
Lavon Ltd. 23.764 acres tract, a distance of 93.64 feet to the Place
of Beginning with the subject tract containing 1,035,320 Square
Feet or 23.7677 acres of land.
PARCEL 8
BEING a tract of land situated in the Thomas Toby Survey,
Abstract No. 925 and the Sylvester William Survey, Abstract No.
955, Collin County, Texas, the subject tract being all of that
18.8098 acres tract of land conveyed by JDI Investors, LP to WYA
Lake Lavon Ltd., a Texas limited partnership according to according
to the Special Warranty Deed with Vendor's Lien recorded in CC#
20080702000812420 of the Land Records of Collin County, Texas
(LRCCT), the subject tract being more particularly described as
follows;
COMMENCING at the point intersection of the south line of
County Road No. 543 (Vol. 4837, Page 725 LRCCT), a variable width
ROW at this point and the east line of State Highway Number 78, said
point being the most northerly northwest corner of a tract of land
conveyed to Alfred Olivo according to the warranty deed recorded in
County Clerk's File Number 20060208000171820 (LRCCT), a 1/2" iron
pin with a red cap stamped "Boundary Solutions" found at corner,
from which a 1/2" iron pin found bears N 31 40' 42" W, a distance of
176.28 feet;
THENCE, along the said State Highway Number 78 easterly line
the following;
S 45 09' 02" W, a distance of 131.71 feet;
S 00 36' 13" E, a distance of 184.23 feet;
Around a non-tangent curve to the left having a central angle
of 15 42' 46", a radius of 1382.39 feet and a chord of S 08 03'17" E
- 377.92 feet, an arc distance of 379.10 feet;
S 15 54' 36" E, a distance of 453.48 feet to the southwest
corner of a 16.105 acres tract of land conveyed to WYA Lake Lavon
Ltd., according to the according to the General Warranty Deed With
Vendor's Lien recorded in CC# 20071126001578660 (LRCCT);
THENCE, N, 89 53' 31" E, along the south line of said WYA Lake
Lavon Ltd., 16.105 acres tract, a distance of 418.96 feet to the
PLACE OF BEGINNING of the herein described tract, said Beginning
Point being the most northerly northwest corner of the subject WYA
Lake Lavon Ltd., 18.8098 acres tract and the northeast corner of a
tract of land conveyed to Willie B. Montgomery according to the deed
recorded in Volume 463, Page 496 (LRCCT), a 1/2" iron pin with a red
cap stamped "Wisdom" found at corner;
THENCE, N 89 53' 31" E, along the south line of said WYA Lake
Lavon Ltd., 16.105 acres tract and the north line of said WYA Lake
Lavon Ltd., 18.8098 acres tract, a distance of 592.69 feet to the
northeast corner of said WYA Lake Lavon Ltd., 18.8098 acres tract,
said corner also being located at an angle point of a 23.764 acre
tract of land conveyed to WYA Lake Lavon Ltd., a Texas limited
partnership, according to the Warranty Deed With Vendor's Lien
recorded in CC# 20080111000045480 (LRCCT), a 1/2" iron pin with a
red cap stamped "Clark" found 1 foot NW of a fence corner post at
corner;
THENCE, S 00 11' 58" W, along the east line of said WYA Lake
Lavon Ltd., 18.8098 acres tract and west line of said WYA Lake Lavon
Ltd., 23.764 acres tract, and generally along or near a barbed wire
fence, a distance of 972.52 feet to the southeast corner of said WYA
Lake Lavon Ltd., 18.8098 acres tract, a 1/2" iron pin with a red cap
stamped "Wisdom" found at corner, from which a fence corner post
bears S 04 44" 01" E, a distance of 5.32 feet and a metal pole of a
power line bears S 59 34' 51" E, a distance of 70.91 feet;
THENCE, S 89 52' 50" W, along the south line of said WYA Lake
Lavon Ltd., 18.8098 acres tract and the north line of a tract of
land conveyed to the Untied States Of America according to the
Condemnation document recorded in Volume 714, page 825 (LRCCT), and
proceeding approximately 5.3 feet to 6 feet northerly of a barbed
wire fence, a distance of 811.92 feet to a concrete Government
marker stamped 1918-1-1 found at corner, from which a fence corner
post bears S 02 51' 19" E, a distance of 6.1 feet;
THENCE, N 04 36' 49" W, a long the westerly line of said WYA
Lake Lavon Ltd., 18.8098 acres tract and an easterly line of a tract
of land conveyed to the United States Of America and identified as
Tract 1918-1 according to the Condemnation document recorded in
Volume 755, Page 612 (LRCCT), a distance of 460.09 feet to a
concrete Government marker stamped 1918-1-2 found at corner,
THENCE, S 88 38' 36" W, along a south line of said WYA Lake
Lavon Ltd., 18.8098 acres tract and the north line of said United
States Of America north line (755, Page 612), a distance of 49.97
feet to a concrete Government marker stamped 1918-1-3 found at
corner,
THENCE, along said State Highway No. 78 easterly line and the
westerly line of said WYA Lake Lavon Ltd., 18.8098 acres tract the
following;
Around a non-tangent curve to the left having a central angle
of 13 07' 52", a radius of 1373.25 feet and a chord of N 09 20' 40" W
- 314.03 feet, an arc distance of 314.72 feet to a 1/2" iron pin with
a red cap stamped Tipton Engineering, Inc. set at corner;
N 15 54' 36" W, a distance of 89.62 feet to a 1/2" iron pin
with a red cap stamped Tipton Engineering, Inc. set at corner, from
which a Highway Department wood monument found bears N 24 06' E, a
distance of 0.28 foot and a 1/2" iron pin with a red cap stamped
"Wisdom" found bears S 15 54' 36" E, a distance of 10.13 feet;
THENCE, N 89 53' 31" E, along the south line of the previously
mentioned Willie B. Montgomery tract and a north line of said WYA
Lake Lavon Ltd., 18.8098 acres tract, a distance of 383.16 feet to a
1/2" iron pin with a red cap stamped Tipton Engineering, Inc. set at
corner, from which a 60d nail found in top of 3 feet tall power pole
bears S 07' 17' 23" E, a distance of 9.94 feet;
THENCE, N 00 57' 15" E. along a west line of said WYA Lake
Lavon Ltd., 18.8098 acres tract and the east line of said Willie B.
Montgomery tract, a distance of 118.97 feet to the Place Of
Beginning with the subject tract containing 819,355 Square Feet or
18.8098 Acres of Land.
PARCEL 9
BEING a tract of land situated in the Thomas Toby Survey,
Abstract No. 925 and the Sylvester William Survey, Abstract No.
955, Collin County, Texas, the subject tract being all of that tract
of land conveyed to Alfred Olivo, according to the warranty deed
recorded in County Clerk's File Number 20060208000171830 of the
Land Records of Collin County, Texas (LRCCT), the subject tract
being more particularly described as follows;
BEGINNING at the point intersection of the south line of
County Road No. 543 (Vol. 4837, Page 725 LRCCT), a variable width
ROW and the east line of State Highway Number 78, said point being
the northwest corner of said Alfred Olivo subject tract, a 1/2" iron
pin with a red cap stamped "Boundary Solutions" found at corner,
from which a 1/2" iron pin found bears N 31 40' 42" W, a distance of
176.28 feet;
THENCE, along the said County Road No. 543 south line the
following;
S 89 21' 07" E (deed = S 89 24' 48" E ), a distance of 225.74
feet to a 5/8" iron pin with a red cap found at corner;
S 88 24' 19" E (deed = S 88 23' 30" E ), a distance of 742.45
feet to the most northerly northeast corner of said Alfred Olivo
tract and northwest corner of a tract of land owned by Dario M.
Castillo according to the warranty deed recorded in Volume 5734,
Page 2748 (LRCCT), a 1/2" iron pin with a red cap stamped Tipton
Eng., Inc. set at corner, from which a 5/8" iron pin with a red cap
stamped " Clark" found bears N 71 03' 30" W, a distance of 284.97
feet;
THENCE, S 00 47' 36" W, along an east line of said Alfred
Olivo tract and west line of said Dario M. Castillo tract, a
distance of 91.56 feet to a 1/2" iron pin with a cap stamped Stovall &
Associates found at corner;
THENCE, S 89 18' 46" E ( deed = S 89 19' 33" E ), along a north
line of said Alfred Olivo tract and south line of said Dario M.
Castillo tract, a distance of 331.89 feet to the most easterly
northeast corner of said Alfred Olivo tract, said corner further
being located at a point on the west line of a tract of land conveyed
by Billy G. Roan and wife, Merle Ann Roan to WYA Lake Lavon Ltd., a
Texas limited partnership according to the Special Warranty Deed
with Vendor's Lien recorded in County Clerk File Number
20080111000045480 (LRCCT), a 1/2" iron pin with a cap stamped
Stovall & Associates found at corner;
THENCE, S 00 15' 00" E, along the east line of said Alfred
Olivo tract and said WYA Lake Lavon Ltd., 23.764 acres tract west
line, a distance of 422.28 feet to the southeast corner of said
Alfred Olivo tract, a 1/2" iron pin with a red cap stamped Tipton
Eng. Inc. found at corner;
THENCE, S 89 45' 00" W, along the south line of said Alfred
Olivo tract and the north line of a tract of land conveyed by Angela
Olivo Ramos to WYA Lake Lavon Ltd., a Texas limited partnership,
according to the General Warranty Deed with Vendor's Lien recorded
in County Clerk's File Number 20071126001578660 (LRCCT), a distance
of 1364.23 feet to the southwest corner of said Alfred Olivo tract
and a point on the east line of said State Highway No. 78, a 1/2"
iron pin with a red cap stamped Tipton Eng. Inc. found at corner,
from which a 5/8" iron pin with a yellow cap stamped RPLS 3949 bears
S 39 23' 34" W, a distance of 161.44 feet;
THENCE, along the west line of said Alfred Olivo tract and the
east line of said State Highway No. 78 the following,
Around a non-tangent curve to the right having a central
angle of 11 15' 42", a radius of 1382.39 feet and a chord of N 05 49'
42" W - 271.28 feet, an arc distance of 271.72 feet to a 1/2" iron
pin with a red cap stamped "Boundary Solutions" found at corner;
N 00 36' 13" W ( deed = N 00 11' 36" W - 184.40 feet ), a
distance of 184.23 feet to a wood monument found at corner, from
which the corner of an old house bears N 89 36' 11" E - 61.68 feet
and another wood monument across State Highway No, 78 bears N 78 09'
24" W, a distance of 224.39 feet;
N 45 09' 02" E (deed = N 44 48' 24" E - 130.44 feet), a
distance of 131.71 feet to the PLACE OF BEGINNING with the subject
tract containing 701,603 square feet or 16.1066 acres of land.
PARCEL 10
BEING a tract of land situated in the Roger Willis Survey,
Abstract No. 748, Collin County, Texas, the subject tract being a
portion of that 1473.835 acre tract of land conveyed to Commercial
Capital Investments, Inc. by Resolution Trust Corporation
according to the Special Warranty Deed recorded in Collin County
Clerk File number 94-0058780 of the Land Records Of Collin County
Texas (LRCCT), the subject tract further being a portion of Wenners
Park, an addition to Collin County Texas according to the Final Plat
recorded in Cabinet J, Page 136, (LRCCT), which is included in the
above mentioned Commercial Capital Investments, Inc. 1473.835 acre
tract, the subject tract being more particularly described as
follows;
BEGINNING at a point on the south line of County Road No. 543
(a 120' ROW), said point being located at the Northwest corner of
Lot 1 of said Wenners Park and the southeast corner of that tract of
land conveyed to the County Of Collin for road purposes according to
the Deed recorded in County Clerk File No. 2000-0070885 (LRCCT),
said Beginning Point further being at the northeast corner of a
tract of land owned by John Lindsley McCraw and Marjorie Elizabeth
McCraw according to the Warranty deed recorded in Volume 627, Page
69 (LRCCT), a 1/2" iron pin with a red cap stamped Tipton Eng, Inc.
set at corner;
THENCE, along the said County Road No. 543 southerly line the
following;
S 89 24' 06" E, a distance of 890.66 feet to a 1/2" iron pin
with a red cap stamped Tipton Eng, Inc. set at corner;
Around a tangent curve to the left having a central angle of
14 46' 02", a radius of 1249.86 feet, and a chord of N 83 12' 53"
E-321.24 feet, an arc distance of 322.13 feet to a 1/2" iron pin
with a red cap stamped Tipton Eng, Inc. set at corner;
N 75 49' 52" E, a distance of 216.93 feet to a 1/2" iron pin
with a red cap stamped Tipton Eng, Inc. set at corner;
Around a tangent curve to the right having a central angle of
14 22' 13", a radius of 1129.86 feet, and a chord of N 83 00' 59"
E-282.64 feet, an arc distance of 283.38 feet to a 1/2" iron pin
with a red cap stamped Tipton Eng, Inc. set at corner;
S 89 47' 55" E, a distance of 817.15 feet to the northeast
corner of Lot 12 of said Wenners Park and the southwest corner of a
tract of land conveyed to the County Of Collin for road purposes
according to the Deed recorded in County Clerk File No. 99-0115447
(LRCCT), a 1/2" iron pin found at corner;
THENCE, along or westerly of the west line of a tract of land
conveyed to Boyce Creek Estates Partnership, according to the
Warranty Deed recorded in County Clerk File No. 20071205001626340
(LRCCT) and the east line of said Wenners Park the following;
S 00 48' 53" W, a distance of 913.39 feet to a 1/2" iron pin
found at corner;
S 01 05' 39" W, a distance of 117.27 feet to a 1/2" iron pin
with a red cap stamped Tipton Eng, Inc. set at corner;
S 00 24' 39" E, a distance of 1169.17 feet to a 1/2" iron pin
found at corner;
S 01 16' 49" E, a distance of 426.06 feet to the southeast
corner of said Wenners Park, said corner being located on the north
line of a tract of land conveyed to Thomas A. Adcox according to the
Warranty Deed recorded in County Clerk File No. 93-0055843 (LRCCT),
a 1" iron pipe found at corner from which a fence corner post found
bears N 58 58' 10" E - 1.72 feet;
THENCE, N 88 15' 15" W, a distance of 234.65 feet along the
south line of said Wenners Park and south of the found north line of
a tract of land conveyed to Thomas A. Adcox according to the
Warranty Deed recorded in County Clerk File No. 93-0055843 (LRCCT)
to a 5/8" iron pin found at corner;
THENCE, N 88 28' 43" W, continuing along the Wenners Park
south line along the north line of a tract of land conveyed to
Ronald D. Townsend according to the Warranty Deed With vendor's
Lien recorded in County Clerk File No. 95.0095541 (LRCCT), a
distance of 138.01 feet to the northwest corner of said Ronald D.
Townsend tract;
THENCE, continuing along the Wenners Park south line and
along or north of the north line of a tract of land conveyed to
Arapaho East, Inc. according to the Warranty Deed With Vendor's
Lien recorded in County Clerk File No. 2007125000110590 the
following; N 87 28' 53" W, a distance of 106.30 feet to a 1/2" iron
pin found at corner;
N 89 09' 24" W, a distance of 660.91 feet;
N 89 15' 04" W, a distance of 329.10 feet to a 1/2" iron pin
with a red cap stamped Tipton Eng, Inc. set at corner;
S 89 19' 08" W, a distance of 200.98 feet to a point being the
northwest corner of said Arapaho East, Inc. tract and the northeast
corner of a tract of land conveyed to John Yeager according to the
Warranty Deed recorded in County Clerk File No. 95-0018001 (LRCCT),
from said point a 1/2" iron pin with a yellow cap stamped R.S.C.I.
RPLS 5034 bears N 46 38' 55" E- 3.09 feet;
THENCE, S 89 49' 14" W, continuing along said Wenners Park
south line, and the north line of said John Yeager tract, a distance
of 831.17 feet to a common property corner being the southwest
corner of said Wenners Park, a northwesterly corner of said John
Yeager tract, and at a corner of a tract of land conveyed to the
United States Of America, no monument found at corner.
THENCE, along the west line of said Wenners Park, and part of
the way along an east line of said United States of America, and on
or near the east line of said John Lindsley McCraw and Marjorie
Elizabeth McCraw tract the following;
N 01 20' 52" W, a distance of 63.19 feet to a US Government
monument in concrete found at corner;
N 00 05' 48" E, a distance of 350.50 feet to a 1/2" iron pin
found at corner;
N 00 00' 20" W, a distance of 428.47 feet to a 1/2" iron pin
found at corner;
N 01 04' 04" W, a distance of 564.64 feet to a 1/2" iron pin
with a red cap stamped Tipton Eng, Inc. set at corner;
N 00 25' 45" W, a distance of 1081.22 feet to the Place of
Beginning with the subject tract containing 6,354,268 Square Feet
or 145.8739 acres of land.
PARCEL 11
BEING a tract of land situated in the Roger Willis Survey,
Abstract No. 748 and the James Osgood Survey, Abstract No. 673, in
Collin County, Texas, the subject tract being all of that 122.085
acre tract of land conveyed to Boyce Creek Estates Partnership, a
Texas General Partnership according to the Warranty deed recorded
in County Clerk File Number 20071205001626340 (LRCCT), the subject
tract being more particularly described as follows;
BEGINNING at a point on the south line of County Road No. 543
(a 120' ROW), said point being located at the Northeast corner of
Lot 12 of Wenners Park, an addition to Collin County Texas according
to the Final Plat recorded in Cabinet J, Page 136, (LRCCT), said
point further being the northwest corner of said Boyce Creek
Estates Partnership 122.085 acre tract, a 1/2" iron pin found next
to a fence corner post at corner,
THENCE, N 89 42' 04" E, along the south line of said County
Road Number 543, a distance of 645.18 feet to the northwest corner
of a remaining tract of land conveyed to Commercial Capital
Investments, Inc. according to the deed recorded in County Clerk
File Number 94-0058780 (LRCCT), a 1/2" iron pin found at corner;
THENCE, S 00 17' 56" E, along the west line of said Commercial
Capital Investments, Inc. tract, a distance of 116.02 feet;
THENCE, N 89 51' 51" E, along the south line of said
Commercial Capital Investments, Inc. tract, a distance of 450.80
feet;
THENCE, N 00 17' 56" W, along the east line of said Commercial
Capital Investments, Inc. tract, a distance of 117.32 feet to a
point on the said County Road Number 543 south line, a 1/2" iron pin
found at corner;
THENCE, N 89 42' 04" E, along said County Road Number 543
south line, a distance of 943.24 feet to the northeast corner of
said Boyce Creek Estates Partnership tract, said point further
being the northwest corner of a 11.430 acre tract of land conveyed
to Raymond and Mary Estrello as recorded in Volume 1268, Page 498
(LRCCT);
THENCE, S 00 13' 19" E, along the west line of said 11.430
acre tract, a distance of 449.65 feet to a 1/2" iron pin found at
corner;
THENCE, S 00 05' 23" W, along a fence, a distance of 1068.33
feet to the existing southwest corner of a 2.600 acre tract of land
conveyed to Ray Estrello according to the deed recorded in Collin
County Clerk File Number 96-0033461 (LRCCT);
THENCE, S 00 01' 45" E, along a fence, a distance of 350.10
feet to the southwest corner of an 8.00 acre tract of land conveyed
to Keenan and Janice Lusk according to the deed recorded in Collin
County Clerk File Number 96-0010294 (LRCCT), a 3/8" iron pin found
at corner;
THENCE, S 00 03' 28" E, along a fence, a distance of 750.92
feet to the southeast corner of said Boyce Creek Estates
Partnership tract and the southwest corner of a 14.500 acre tract of
land conveyed to Rick and Terry Rabon according to the deed recorded
Collin County Clerk File Number 96-0055479 (LRCCT);
THENCE, along the south line of said Boyce Creek Estates
Partnership tract the following;
S 88 49' 18" W, a distance of 322.40 feet to a 3/8" iron pin
found at corner;
S 89 32' 40" W, a distance of 641.39 feet;
S 89 42' 16" W, a distance of 1073.83 feet to the southwest
corner of said Boyce Creek Estates Partnership tract, a 1" iron pipe
found at corner, said corner further being the southeast corner of
the previously mentioned Wenners Park addition;
THENCE, along the west line of said Boyce Creek Estates
Partnership tract the following;
N 00 42' 50" W, passing 4.2 feet east of an angle point of
said Wenners Park at a distance of 426.03 feet and continuing to
make a total distance of 837.78 feet;
N 00 38' 25" W, a distance of 519.80 feet;
N 00 36' 47" E, passing 4.2 feet east of a 1/2" iron pin with a
red cap stamped Tipton Eng., Inc. found at corner at a distance of
237.57 feet and passing 3.2 feet east of a 1/2" iron pin found at a
distance of 354.83 feet and continuing to make a total distance of
1268.21 feet to the Place of Beginning with the subject tract
containing 5,317,920 Square Feet or 122.0827 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.