81R13610 SLB-F
By: Laubenberg H.B. No. 4751
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Van Alstyne Municipal Utility
District No. 2 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 8314 to read as follows:
CHAPTER 8314. VAN ALSTYNE MUNICIPAL UTILITY DISTRICT NO. 2 OF
COLLIN COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8314.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Van Alstyne Municipal Utility
District No. 2 of Collin County.
Sec. 8314.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8314.003. 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. 8314.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8314.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8314.005. 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. 8314.006. 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 8314.007-8314.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8314.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8314.052, directors serve
staggered four-year terms.
Sec. 8314.052. 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 8314.003; 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 8314.003 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 8314.003; 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 Texas Commission on Environmental
Quality 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 8314.053-8314.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8314.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8314.102. 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. 8314.103. 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. 8314.104. 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. 8314.105. 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. 8314.106. LIMITATION ON USE OF EMINENT DOMAIN. (a)
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 8314.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
(b) The district may not exercise the power of eminent
domain in the corporate limits of the City of Van Alstyne unless the
city has consented by ordinance or resolution to that exercise of
eminent domain authority.
Sec. 8314.107. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if:
(1) the district has no outstanding bonded debt;
(2) the district is not imposing ad valorem taxes; and
(3) the City of Van Alstyne has consented by ordinance
or resolution to the division of the district.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8314.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8314.003.
(i) Subject to Subsection (a), municipal consent to the
creation of the district and to the inclusion of land in the
district granted under Section 8314.004 acts as municipal consent
to the creation of any new district created by the division of the
district and to the inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
Sec. 8314.108. LIMITATION ON ANNEXATION. The district may
not annex any territory outside the area described by Section 2 of
the Act creating this chapter unless the City of Van Alstyne has
consented by ordinance or resolution to the annexation.
[Sections 8314.109-8314.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8314.151. 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 8314.153.
(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. 8314.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8314.151, 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. 8314.153. 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 8314.154-8314.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8314.201. 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. 8314.202. 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. 8314.203. 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 Van Alstyne Municipal Utility District No. 2
of Collin County initially includes all the territory contained in
the following area:
SITUATED in the County of Collin, State of Texas, and being a
part of the W. M. Creager Survey, Abstract No. 164, and being all of
the 6.120 ac. tract of land (Tract 6) conveyed to Vincent Viola by
W. Mark David by Special Warranty Deed dated July 30, 2001 and
recorded in Volume 4987, Page 697, Deed Records, Collin County,
Texas, and being more particularly described as one tract of land by
metes and bounds as follows, to-wit:
BEGINNING at a point in the West right-of-way line of State
Highway No. 5, at the Northeast corner of said Viola Tract 6, at the
Southeast corner of the property conveyed to John E. Steffens in
Collin County Clerk's File No. 93-0104713;
THENCE South 21 deg. 08 min. 14 sec. East, with the West
right-of-way line of said State Highway No. 5, a distance of 638.77
ft. to a point at the most Easterly Southeast corner of said Viola
Tract 6, at the Northeast corner of the property conveyed to Tina M.
Lieto;
THENCE South 69 deg. 07 min. 56 sec. West, with the North line
of said Lieto tract, a distance of 142.55 ft. to a point at the
Northwest corner of said Lieto tract;
THENCE South 20 deg. 28 min. 53 sec. East, with the West line
of said Lieto tract, a distance of 300.17 ft. to a point in the North
line of the property conveyed to Tim P. Heffernan in Collin County
Clerk's File No. 94-0098977, at the Southwest corner of said Lieto
tract, at the most Southerly Southeast corner of said Viola Tract 6;
THENCE South 68 deg. 55 min. 52 sec. West, with the North line
of said Heffernan tract, a distance of 377.37 ft. to a point in the
East line of the property conveyed to Kerry L. Burns in Collin
County Clerk's File No. 93-0091969, at the Southwest corner of said
Viola Tract 6;
THENCE North 01 deg. 35 min. 22 sec. East, with the East line
of said Burns tract, a distance of 1,068.04 ft. to a point in the
South line of said Steffens tract, at the Northeast corner of said
Burns tract, at the Northwest corner of said Viola Tract 6;
THENCE South 88 deg. 00 min. 01 sec. East, with the South line
of said Steffens tract, a distance of 120.42 ft. to the PLACE OF
BEGINNING and containing 6.12 ACRES of land.
SITUATED in the County of Collin, State of Texas, and being a
part of the W. M. Creager Survey, Abstract No. 164, and being all of
the 27.387 ac. tract of land (Tract 7) conveyed to Vincent Viola by
W. Mark David by Special Warranty Deed dated July 30, 2001 and
recorded in Volume 4987, Page 697, Deed Records, Collin County,
Texas, and being more particularly described as one tract of land by
metes and bounds as follows, to-wit:
BEGINNING at a point in the West right-of-way line of State
Highway No. 5, at the Northeast corner of said Viola Tract 7, at the
Southeast corner of the property conveyed to Tim P. Heffernan in
Collin County Clerk's File No. 94-0098977;
THENCE South 21 deg. 08 min. 14 sec. East, with the West
right-of-way line of said State Highway No. 5, a distance of
1,183.89 ft. to a point at the Northeast corner of the property
conveyed to M. F. Darehsori in Volume 2264, Page 395, said Collin
County Deed Records;
THENCE North 87 deg. 58 min. 11 sec. West, with the North line
of said Darehsori tract, a distance of 131.73 ft. to a point at the
Northwest corner of said Darehsori tract;
THENCE South 02 deg. 01 min. 49 sec. West, with the West line
of said Darehsori tract, a distance of 150.00 ft. to a point at the
Southwest corner of said Darehsori tract;
THENCE South 87 deg. 58 min. 11 sec. East, with the South line
of said Darehsori tract, a distance of 195.92 ft. to a point in the
West right-of-way line of said State Highway No. 5, at the Southeast
corner of said Darehsori tract;
THENCE South 21 deg. 08 min. 14 sec. East, with the West
right-of-way line of said State Highway No. 5, a distance of 190.49
ft. to a point at the Southeast corner of said Viola Tract 7;
THENCE North 87 deg. 54 min. 56 sec. West, with the South line
of said Viola Tract 7, a distance of 1,216.71 ft. to a point at the
Southwest corner of said Viola Tract 7;
THENCE North 01 deg. 35 min. 22 sec. East, with the West line
of said Viola Tract 7, a distance of 1,149.78 ft. to a point at the
Northwest corner of said Viola Tract 7, at the Southwest corner of
said Heffernan tract;
THENCE North 69 deg. 05 min. 34 sec. East, with the South line
of said Heffernan tract, a distance of 673.94 ft. to the PLACE OF
BEGINNING and containing 27.39 ACRES of land.
SITUATED in the County of Collin, State of Texas, and being a
part of the W. M. Creager Survey, Abstract No. 164, being a part of
the Hanny Nelson Survey, Abstract No. 431, and being all of the
14.381 ac. tract of land (Tract 4) and 20.024 ac. tract of land
(Tract 5) both conveyed to Vincent Viola by W. Mark David by Special
Warranty Deed dated July 30, 2001 and recorded in Volume 4987, Page
697, Deed Records, Collin County, Texas, and being more
particularly described as one tract of land by metes and bounds as
follows, to-wit:
BEGINNING at a point in the center of Collin County Road No.
290, a public road, in the East-right-of-way line of State Highway
No. 5, at the Northwest corner of said Viola Tract 4;
THENCE South 86 deg. 46 min. 02 sec. East, with the center of
said Collin County Road No. 290 and the North line of said Viola
Tract 4, a distance of 752.82 ft. to a point at the Northeast corner
of said Viola Tract 4, at the Northwest corner of the property
conveyed to Rollin G. Andreas in Collin County Clerk's File No.
95-0024818;
THENCE South 02 deg. 30 min. 46 sec. West, with the West line
of said Andreas tract, a distance of 1,162.43 ft. to a point at the
Southwest corner of said Andreas tract, at the most Northerly
Northwest corner of said Viola Tract 5;
THENCE South 88 deg. 22 min. 09 sec. East, with the South line
of said Andreas tract, passing the Southeast corner of said Andreas
tract and the Southwest corner of the property conveyed to Clyde L.
Depew in Volume 2709, Page 88, said Collin County Deed Records, and
continuing now with the South line of said Depew tract, passing the
Southeast corner of said Depew tract and the Southwest corner of the
property conveyed to Donald H. Topper in Volume 3139, Page 13, said
Collin County Deed Records, and continuing now with the South line
of said Topper tract for total distance of 1,305.31 ft. to a point
at the Northeast corner of said Viola Tract 5;
THENCE South 02 deg. 11 min. 51 sec. West, with the East line
of said Viola Tract 5, a distance of 661.46 ft. to a point at the
Southeast corner of both said Viola Tract 5 and the herein described
tract, at a corner of the property conveyed to Osa W. Marshhall in
Volume 756, Page 823, said Collin County Deed Records;
THENCE North 87 deg. 53 min. 32 sec. West, with the South line
of said Viola Tract 5 and the North line of said Marshhall tract, a
distance of 1,263.76 ft. to a point in the East right-of-way line of
said State Highway No. 5, at the Southwest corner of both said Viola
Tract 5 and the herein described tract, at the Northwest corner of
said Marshhall tract;
THENCE North 21 deg. 07 min. 59 sec. West, with the East
right-of-way line of said State Highway No. 5 and the West line of
said Viola Tract 5, passing the most Westerly Northwest corner of
said Viola Tract 5 and the Southwest corner of said Viola Tract 4
and continuing now with the West line of said Viola Tract 4 for a
total distance of 1,989.19 ft. to the PLACE OF BEGINNING and
containing 34.40 ACRES of land.
SITUATED in the County of Collin, State of Texas, and being a
part of the Hanny Nelson Survey, Abstract No. 431, and being a part
of the J. C. Burge Survey, Abstract No. 106, and being a part of the
W. M. Creager Survey, Abstract No. 164, and being a part of the
363.943 ac. tract of land (Tract 2) and all of the 217.416 ac. tract
of land (Tract 3), both conveyed to Vincent Viola by W. Mark David
by Special Warranty Deed dated July 30, 2001 and recorded in Volume
4987, Page 697, Deed Records, Collin County, Texas, and being more
particularly described as one tract of land by metes and bounds as
follows, to-wit:
BEGINNING at a point in East right-of-way line of U. S.
Highway No. 75, in the center of Collin County Road No. 290, at the
most Northerly Northwest corner of said Viola Tract 2;
THENCE South 87 deg. 47 min. 57 sec. East, with the center of
said Collin County Road No. 290, a distance of 677.09 ft. to a point
at the Northeast corner of said Viola Tract 2, at the Northwest
corner of said Viola Tract 3;
THENCE South 88 deg. 25 min. 32 sec. East, continuing with the
center of said Collin County Road No. 290, a distance of 447.93 ft.
to a point at the Northwest corner of the property conveyed to Jim
Lawrence in Volume 1498, Page 563, said Collin County Deed Records;
THENCE South 01 deg. 54 min. 14 sec. West, with the West line
of said Lawrence tract, a distance of 599.97 ft. to a point at the
Southwest corner of said Lawrence tract;
THENCE South 88 deg. 12 min. 30 sec. East, with the South line
of said Lawrence tract, a distance of 579.90 ft. to a point at the
Southeast corner of said Lawrence tract;
THENCE North 01 deg. 58 min. 08 sec. East, with the East line
of said Lawrence tract, a distance of 602.17 ft. to a point in the
center of said Collin County Road No. 290, at the Northeast corner
of said Lawrence tract;
THENCE South 88 deg. 25 min. 32 sec. East, with the center of
said Collin County Road No. 290, passing the most Westerly
Southwest corner of the property conveyed to Tucker B. McDonald in
Collin County Clerk's File No. 94-0053961, and continuing now with
a South line of said McDonald tract for a total distance of 815.54
ft. to a point at a Northeast corner of said Viola Tract 3, at an Ell
corner of said McDonald tract;
THENCE South 01 deg. 55 min. 23 sec. West, with a West line of
said McDonald tract, a distance of 144.12 ft. to a point at the
Southwest corner of said McDonald tract;
THENCE South 88 deg. 09 min. 09 sec. East, with a South line
of said McDonald tract, passing the Southeast corner of said
McDonald tract and a Southwest corner of the property conveyed to
Forrest W. Moore in Volume 1799, Page 804, said Collin County Deed
Records, and continuing now with a South line of said Moore tract
for a total distance of 1,372.74 ft. to a point in West right-of-way
line of State Highway No. 5, at the Northeast corner of both said
Viola Tract 3 and the herein described tract;
THENCE South 21 deg. 08 min. 14 sec. East, with the West
right-of-way line of said State Highway No. 5, a distance of
1,357.58 ft. to a point at the most Easterly Southeast corner of
both said Viola Tract 3 and the herein described tract, at the
Northeast corner of the property conveyed to John E. Steffens in
Collin County Clerk's File No. 93-0104713;
THENCE North 87 deg. 57 min. 15 sec. West, with the North line
of said Steffens tract, a distance of 701.67 ft. to a point at the
Northwest corner of said Steffens tract;
THENCE South 00 deg. 32 min. 52 sec. East, with the West line
of said Steffens tract, a distance of 185.54 ft. to a point in the
North line of the property conveyed to Ann Marie Forlenza in Collin
County Clerk's File No. 96-0016528, at the Southwest corner of said
Steffens tract;
THENCE North 88 deg. 15 min. 56 sec. West, with the North line
of said Forlenza tract, passing the Northwest corner of said
Forlenza tract and the Northeast corner of Anna 103, an Addition to
Collin County, Texas, as recorded in the Collin County Plat
Records, a distance of 219.14 ft. to an angle point in the North
line of said Anna 103 Addition;
THENCE North 88 deg. 54 min. 31 sec. West, continuing with the
North line of said Anna 103 Addition, a distance of 802.35 ft. to a
point at the Northwest corner of said Anna 103 Addition;
THENCE South 02 deg. 22 min. 42 sec. West, with the West line
of said Anna 103 Addition, a distance of 2,263.74 ft. to a point at
the Northeast corner of the property conveyed to Ronald Larue in
Volume 1697, Page 57, said Collin County Deed Records;
THENCE North 83 deg. 28 min. 52 sec. West, with the North line
of said Larue tract, a distance of 386.62 ft. to a point at the
Northwest corner of said Larue tract;
THENCE South 02 deg. 22 min. 41 sec. West, with the West line
of said Larue tract, a distance of 335.53 ft. to a point in the North
line of the property conveyed to Virginia R. Bryant in Volume 2867,
Page 168, said Collin County Deed Records, at the Southwest corner
of said Larue tract;
THENCE North 86 deg. 56 min. 09 sec. West, with the North line
of said Bryant tract, a distance of 474.85 ft. to a point at the
Northwest corner of said Bryant tract;
THENCE North 87 deg. 00 min. 45 sec. West, a distance of
597.94 ft. to a point at the Southeast corner of the Mantua
Cemetery;
THENCE North 01 deg. 35 min. 32 sec. East, with the East line
of said Mantua Cemetery, a distance of 372.22 ft. to a point at the
Northeast corner of said Mantua Cemetery;
THENCE South 54 deg. 09 min. 25 sec. West, with the North line
of said Mantua Cemetery, a distance of 319.95 ft. to an angle point;
THENCE North 40 deg. 29 min. 38 sec. West, continuing with the
North line of said Mantua Cemetery, a distance of 134.58 ft. to an
angle point;
THENCE South 81 deg. 54 min. 46 sec. West, continuing with the
North line of said Mantua Cemetery, a distance of 60.47 ft. to an
angle point;
THENCE South 20 deg. 08 min. 34 sec. West, continuing with the
North line of said Mantua Cemetery, a distance of 155.17 ft. to an
angle point;
THENCE South 69 deg. 37 min. 57 sec. West, continuing with the
North line of said Mantua Cemetery, a distance of 17.16 ft. to a
point in the center of a public road, at the Northwest corner of
said Mantua Cemetery;
THENCE South 03 deg. 13 min. 52 sec. West, with the West line
of said Mantua Cemetery, a distance of 102.46 ft. to a point at the
Southwest corner of said Mantua Cemetery;
THENCE South 87 deg. 00 min. 45 sec. East, with the South line
of said Mantua Cemetery, a distance of 23.27 ft. to a point in the
center of said public road;
THENCE South 08 deg. 32 min. 03 sec. West, with the center of
said public road, a distance of 105.61 ft. to an angle point;
THENCE South 36 deg. 51 min. 30 sec. West, continuing with the
center of said public road, a distance of 94.21 ft. to an angle
point;
THENCE South 51 deg. 48 min. 17 sec. West, continuing with the
center of said public road, a distance of 78.22 ft. to an angle
point;
THENCE South 56 deg. 56 min. 45 sec. West, continuing with the
center of said public road, a distance of 149.91 ft. to an angle
point;
THENCE South 57 deg. 35 min. 20 sec. West, continuing with the
center of said public road, a distance of 87.86 ft. to a point at the
most Northerly Northeast corner of the property conveyed to Leonard
Harlow in Collin County Clerk's File No. 92-0054819;
THENCE South 72 deg. 58 min. 34 sec. West, with a North line
of said Harlow tract, a distance of 246.79 ft. to a point at the most
Northerly Northwest corner of said Harlow tract;
THENCE South 01 deg. 36 min. 58 sec. West, with a West line of
said Harlow tract, a distance of 398.78 ft. to an angle point;
THENCE South 21 deg. 05 min. 34 sec. West, with a North line
of said Harlow tract, a distance of 82.04 ft. to a point at an Ell
corner of said Harlow tract;
THENCE North 87 deg. 34 min. 30 sec. West, continuing with a
North line of said Harlow tract, entering the centerline of said
public road and continuing for a distance of 233.21 ft. to a point
at the most Westerly Northwest corner of said Harlow tract;
THENCE South 89 deg. 26 min. 08 sec. West, with the center of
said public road, a distance of 492.32 ft. to a point at the
intersection of the center of said public road with the East
right-of-way line of said U. S. Highway No. 75;
THENCE Northerly, with the East right-of-way line of U. S.
Highway No. 75, the following calls and distances:
North 01 deg. 22 min. 30 sec. East, a distance of 26.10 ft. to
an angle point;
North 44 deg. 23 min. 30 sec. West, a distance of 41.84 ft. to
an angle point;
North 01 deg. 22 min. 30 sec. East, a distance of 774.10 ft.
to an angle point;
North 04 deg. 20 min. 30 sec. West, a distance of 200.95 ft.
to an angle point;
North 01 deg. 22 min. 30 sec. East, a distance of 199.95 ft.
to an angle point;
North 04 deg. 14 min. 15 sec. East, a distance of 200.20 ft.
to an angle point;
North 07 deg. 05 min. 08 sec. East, a distance of 200.95 ft.
to an angle point;
North 01 deg. 22 min. 30 sec. East, a distance of 199.95 ft.
to an angle point;
North 04 deg. 20 min. 08 sec. West, a distance of 200.95 ft.
to an angle point;
North 00 deg. 03 min. 25 sec. West, a distance of 400.02 ft.
to an angle point;
North 09 deg. 54 min. 21 sec. East, a distance of 202.18 ft.
to an angle point;
North 07 deg. 09 min. 20 sec. West, a distance of 202.18 ft.
to an angle point;
North 00 deg. 32 min. 03 sec. West, a distance of 600.18 ft.
to an angle point;
North 04 deg. 57 min. 05 sec. East, a distance of 400.68 ft.
to an angle point;
North 07 deg. 05 min. 08 sec. East, a distance of 401.89 ft.
to an angle point;
North 01 deg. 22 min. 31 sec. East, a distance of 159.31 ft.
to a point at the beginning of a curve;
Northerly, with a curve to the left having a radius of
11,681.11 ft. and a central angle of 02 deg. 16 min. 07 sec. (chord
bears North 00 deg. 14 min. 28 sec. East, 462.48 ft.), an arc
distance of 462.51 ft. to a point at the end of said curve;
North 49 deg. 37 min. 30 sec. East, a distance of 43.80 ft. to
an angle point;
South 88 deg. 06 min. 30 sec. East, a distance of 479.87 ft.
to an angle point;
North 24 deg. 52 min. 30 sec. East, a distance of 179.23 ft.
to an angle point;
North 01 deg. 41 min. 57 sec. East, a distance of 18.13 ft. to
the PLACE OF BEGINNING and containing 362.23 ACRES of land.
SITUATED in the County of Collin, State of Texas, and being a
part of the following Surveys in Collin County: the David Arnspiger
Survey, Abstract No. 15, the E. T. Berry Survey, Abstract No. 40,
the J. W. Curtis Survey, Abstract No. 1077, the Jonas Whitaker
Survey, Abstract No. 981, the P. Burns Survey, Abstract No. 100, and
the J. Batterman Survey, Abstract No. 94, and being a part of the
1,232.837 ac. tract of land conveyed to Vincent Viola by W. Mark
David by Special Warranty Deed dated July 30, 2001 and recorded in
Volume 4987, Page 726, Deed Records, Collin County, Texas, and
being all of the 64.749 ac. tract of land (Tract 3) conveyed to
Vincent J. Viola by Don S. Flesher by Warranty Deed dated September
10, 2004 and recorded in Volume 5766, Page 6210, said Collin County
Deed Records, and being all of the 133.814 ac. tract of land
conveyed to Vincent J. Viola by Mary Jane Kinsey by Warranty Deed
with Vendor's Lien dated March 31, 2004 and recorded in Volume 5642,
Page 1395, said Collin County Deed Records, and being all of the
377.45 ac. tract of land conveyed to Vincent J. Viola by Thornton
Farm Partnership, Ltd. by Special Warranty Deed with Vendor's Lien
dated September 22, 2005 and recorded in Volume 6010, Page 3310,
said Collin County Deed Records, and being all of the 61.61 ac.
tract of land conveyed to Vincent J. Viola by Jack R. Shirley,
Trustee of the Shirley Living Trust by Warranty Deed with Vendor's
Lien dated February 26, 2004 and recorded in Volume 5616, Page 5706,
said Collin County Deed Records, and being more particularly
described as one tract of land by metes and bounds as follows,
to-wit:
BEGINNING at a point in the West right-of-way line of U. S.
Highway No. 75, at a Northeast corner of said Viola 1,232.837 ac.;
THENCE Southerly, with the West right-of-way line of said U.
S. Highway No. 75, the following calls and distances:
South 02 deg. 54 min. 48 sec. West, a distance of 27.97 ft. to
an angle point;
South 30 deg. 46 min. 30 sec. East, a distance of 183.31 ft.
to an angle point;
South 88 deg. 06 min. 30 sec. East, a distance of 449.88 ft.
to an angle point;
South 44 deg. 01 min. 30 sec. East, a distance of 59.33 ft. to
a point at the beginning of a curve;
Southerly, with a non-tangent curve to the right having a
radius of 11,236.22 ft. and a central angle of 02 deg. 19 min. 08
sec. (chord bears South 00 deg. 12 min. 56 sec. West, 454.72 ft.),
an arc distance of 454.76 ft. to an angle point;
South 02 deg. 36 min. 16 sec. East, a distance of 360.12 ft.
to an angle point;
South 00 deg. 25 min. 13 sec. West, a distance of 599.93 ft.
to an angle point;
South 01 deg. 22 min. 30 sec. West, a distance of 199.95 ft.
to an angle point;
South 04 deg. 42 min. 49 sec. West, a distance of 600.86 ft.
to an angle point;
South 07 deg. 09 min. 20 sec. East, a distance of 202.18 ft.;
South 00 deg. 03 min. 25 sec. East, a distance of 400.02 ft.
to an angle point;
South 01 deg. 22 min. 30 sec. West, a distance of 999.74 ft.
to an angle point;
South 10 deg. 21 min. 51 sec. West, a distance of 195.80 ft.
to an angle point;
South 07 deg. 03 min. 08 sec. East, a distance of 208.75 ft.
to an angle point;
South 00 deg. 03 min. 25 sec. East, a distance of 400.02 ft.
to an angle point;
South 07 deg. 33 min. 03 sec. West, a distance of 185.86 ft.
to an angle point;
South 45 deg. 36 min. 30 sec. West, a distance of 42.98 ft. to
an angle point;
South 01 deg. 22 min. 30 sec. West, a distance of 24.40 ft. to
a point in the center of County Road No. 372, at the Southeast of the
herein described tract;
THENCE Westerly, with the center of said County Road No. 372,
the following calls and distances:
South 89 deg. 42 min. 59 sec. West, a distance of 353.70 ft.;
South 86 deg. 10 min. 45 sec. West, a distance of 143.79 ft.;
North 87 deg. 30 min. 14 sec. West, a distance of 53.25 ft.;
North 74 deg. 09 min. 11 sec. West, a distance of 54.65 ft.;
North 66 deg. 03 min. 55 sec. West, a distance of 186.27 ft.;
North 69 deg. 12 min. 09 sec. West, a distance of 184.29 ft.;
North 86 deg. 57 min. 36 sec. West, a distance of 96.84 ft.;
South 48 deg. 48 min. 29 sec. West, a distance of 93.49 ft.;
South 33 deg. 28 min. 27 sec. West, a distance of 305.00 ft.;
South 37 deg. 10 min. 57 sec. West, a distance of 265.16 ft.;
South 55 deg. 13 min. 57 sec. West, a distance of 89.72 ft.;
North 83 deg. 28 min. 02 sec. West, a distance of 100.14 ft.;
North 68 deg. 03 min. 52 sec. West, a distance of 396.07 ft.;
North 60 deg. 49 min. 08 sec. West, a distance of 186.54 ft.;
North 67 deg. 57 min. 27 sec. West, a distance of 71.26 ft.;
North 89 deg. 56 min. 56 sec. West, a distance of 69.12 ft.;
South 75 deg. 45 min. 15 sec. West, a distance of 103.51 ft.;
South 83 deg. 05 min. 09 sec. West, a distance of 72.42 ft.;
North 85 deg. 18 min. 09 sec. West, a distance of 68.25 ft.;
North 81 deg. 39 min. 08 sec. West, a distance of 527.44 ft.;
South 82 deg. 17 min. 34 sec. West, a distance of 143.98 ft.;
South 60 deg. 43 min. 16 sec. West, a distance of 129.67 ft.
to the intersection of the center of said County Road No. 372 with
the center of said County Road No. 290;
THENCE South 51 deg. 14 min. 09 sec. West, with the center of
said County Road No. 290, a distance of 159.23 ft. to an angle
point;
THENCE South 52 deg. 34 min. 25 sec. West, continuing with the
center of said County Road No. 290, a distance of 692.22 ft. to a
point at the Southeast corner of the property conveyed to Tristian
D. Pfeffer in Volume 3064, Page 593, said Collin County Deed
Records;
THENCE North 01 deg. 04 min. 20 sec. West, with the East line
of said Pfeffer tract, a distance of 295.17 ft. to a point at the
Northeast corner of said Pfeffer tract;
THENCE North 89 deg. 16 min. 11 sec. West, with the North line
of said Pfeffer tract, passing the Northwest corner of said Pfeffer
tract and the Northeast corner of the property conveyed to Michael
Ray Ashley, and continuing now with the North line of said Ashley
tract for a total distance of 547.91 ft. to a point at the Northwest
corner of said Ashley tract;
THENCE South 04 deg. 31 min. 06 sec. West, with the West line
of said Ashley tract, passing the Southwest corner of said Ashley
tract and continuing for a total distance of 872.74 ft. to a point
in the center of said County Road No. 290;
THENCE South 34 deg. 58 min. 46 sec. West, with the center of
said County Road No. 290, a distance of 568.84 ft. to an angle
point;
THENCE North 87 deg. 43 min. 32 sec. West, continuing with the
center of said County Road No. 290, a distance of 425.02 ft. to a
point at the intersection of the center of said County Road No. 290
with the center of a creek, at the Southeast corner of the 18.632
ac. tract of land conveyed to Stephen V. Jones and Kristi S. Jones
in Volume 4140, Page 3149, said Collin County Deed Records;
THENCE Northerly, with the center of a creek, maintaining the
East line of said Jones 18.632 ac., the following the calls and
distances:
North 04 deg. 31 min. 06 sec. East, a distance of 86.50 ft.;
North 35 deg. 11 min. 54 sec. West, a distance of 93.77 ft.;
North 23 deg. 28 min. 54 sec. West, a distance of 55.00 ft.;
North 52 deg. 28 min. 54 sec. West, a distance of 42.00 ft.;
North 26 deg. 48 min. 54 sec. West, a distance of 29.70 ft.;
North 69 deg. 58 min. 54 sec. West, a distance of 25.40 ft.;
North 31 deg. 08 min. 54 sec. West, a distance of 27.30 ft.;
North 05 deg. 49 min. 16 sec. West, a distance of 61.40 ft.;
North 15 deg. 44 min. 06 sec. East, a distance of 29.40 ft.;
North 31 deg. 13 min. 54 sec. West, a distance of 22.00 ft.;
North 79 deg. 23 min. 54 sec. West, a distance of 16.10 ft.;
North 00 deg. 46 min. 06 sec. East, a distance of 50.00 ft.;
North 31 deg. 45 min. 06 sec. East, a distance of 24.60 ft.;
North 02 deg. 31 min. 06 sec. East, a distance of 26.40 ft.;
North 34 deg. 28 min. 06 sec. East, a distance of 43.20 ft.;
North 13 deg. 08 min. 54 sec. West, a distance of 54.70 ft.;
North 00 deg. 31 min. 06 sec. East, a distance of 82.20 ft.;
North 19 deg. 28 min. 54 sec. West, a distance of 80.00 ft.;
North 40 deg. 03 min. 54 sec. West, a distance of 37.60 ft.;
North 17 deg. 46 min. 06 sec. East, a distance of 43.20 ft.;
North 58 deg. 31 min. 06 sec. East, a distance of 36.10 ft.;
North 28 deg. 28 min. 54 sec. West, a distance of 44.00 ft.;
North 56 deg. 28 min. 54 sec. West, a distance of 21.00 ft.;
North 21 deg. 15 min. 54 sec. West, a distance of 51.60 ft.;
South 48 deg. 11 min. 06 sec. West, a distance of 24.00 ft.;
North 44 deg. 08 min. 54 sec. West, a distance of 30.40 ft.;
North 85 deg. 28 min. 54 sec. West, a distance of 26.00 ft.;
North 43 deg. 28 min. 54 sec. West, a distance of 26.50 ft.;
North 85 deg. 28 min. 54 sec. West, a distance of 42.70 ft.;
North 27 deg. 08 min. 54 sec. West, a distance of 75.00 ft.;
North 13 deg. 28 min. 54 sec. West, a distance of 25.30 ft.;
North 34 deg. 28 min. 54 sec. West, a distance of 25.90 ft.;
North 18 deg. 36 min. 54 sec. West, a distance of 78.20 ft.;
North 68 deg. 31 min. 06 sec. East, a distance of 22.40 ft.;
North 46 deg. 42 min. 06 sec. East, a distance of 36.00 ft.;
North 44 deg. 28 min. 54 sec. West, a distance of 78.70 ft.;
North 37 deg. 37 min. 54 sec. West, a distance of 22.43 ft.;
South 81 deg. 30 min. 06 sec. West, a distance of 53.20 ft.;
North 16 deg. 18 min. 59 sec. West, a distance of 60.42 ft. to
a point at the Northeast corner of said Jones 18.632 ac.;
THENCE South 89 deg. 18 min. 29 sec. West, with the North
line of said Jones 18.632 ac., a distance of 293.17 ft. to a point at
the Northwest corner of said Jones 18.632 ac.;
THENCE South 00 deg. 19 min. 05 sec. East, with the West line
of said Jones 18.632 ac., a distance of 62.47 ft. to a 1/2 inch rebar
found at the Northwest base of a 48 inch tree at a fence corner, at
the Northeast corner of said Viola 133.814 ac.;
THENCE South 00 deg. 24 min. 08 sec. East, continuing with the
West line of said Jones 18.632 ac., a distance of 1,026.81 ft. to a
1/2 inch rebar found in the center of said County Road No. 290, at
the Southwest corner of said Jones 18.632 ac.,;
THENCE South 89 deg. 26 min. 03 sec. West, with the center of
said County Road No. 290, a distance of 772.79 ft. to a 1/2 inch
rebar found at an Ell corner of said Viola 133.814 ac.;
THENCE South 00 deg. 16 min. 20 sec. West, continuing with the
center of said County Road No. 290, a distance of 1,686.94 ft. to a
1/2 inch rebar found at the most Southerly Southeast corner of said
Viola 133.814 ac.;
THENCE North 89 deg. 36 min. 49 sec. West, continuing with the
center of said County Road No. 290 and with the South line of said
Viola 133.814 ac., a distance of 798.24 ft. to a 1/2 inch rebar
found at the Northeast corner of the 10.669 ac. tract of land
conveyed to Delmore A. M. Church and Joyce Church in Volume 702,
Page 585, said Collin County Deed Records;
THENCE North 89 deg. 29 min. 33 sec. West, continuing with the
center of said County Road No. 290 and with the North line of said
Church 10.669 ac., a distance of 935.50 ft. to a point at the
Northwest corner of said Church 10.669 ac.;
THENCE South 00 deg. 17 min. 31 sec. East, with the West line
of said Church 10.669 ac., a distance of 5.80 ft. to a point at the
Northeast corner of the 103 ac. tract of land conveyed to James
Robert Thornton in Volume 1596, Page 467 and Volume 1599, Page 451,
said Collin County Deed Records;
THENCE North 89 deg. 44 min. 24 sec. West, with the center of
Collin County Road No. 1101, a public road, and with the North line
of said Thornton 103 ac., a distance of 118.58 ft. to a 1/2 inch
rebar set at the Southwest corner of said Viola 133.814 ac., at the
Southeast corner of the 40 ac. tract of land conveyed to James R.
Thornton in Volume 724, Page 884, said Collin County Deed Records;
THENCE North 00 deg. 10 min. 11 sec. East, with the West line
of said Viola 133.814 ac. and the East line of said Thornton 40 ac.,
a distance of 2,705.48 ft. to a point in the South line of the 77.17
ac. tract of land (Tract A) conveyed to MJW Partners, L. P. in
Volume 4458, Page 1303, said Collin County Deed Records, at the
Northwest corner of said Viola 133.814 ac., at the Northeast corner
of said Thornton 40 ac.;
THENCE North 88 deg. 39 min. 20 sec. East, with the South line
of said MJW Partners 77.17 ac. and the North line of said Viola
133.814 ac., a distance of 479.16 ft. to a point at the Southeast
corner of said MJW Partners 77.17 ac., at the most Southerly
Southwest corner of said 377.45 ac.;
THENCE North 00 deg. 31 min. 02 sec. East, with the West line
of said 377.45 ac. and the East line of said MJW Partners 77.17 ac.,
a distance of 450.50 ft. to an angle point;
THENCE North 00 deg. 51 min. 11 sec. East, continuing with the
West line of said 377.45 ac. and the East line of said MJW Partners
77.17 ac., a distance of 856.69 ft. to an angle point;
THENCE North 00 deg. 38 min. 27 sec. East, continuing with the
West line of said 377.45 ac. and the East line of said MJW Partners
77.17 ac., a distance of 1,265.62 ft. to a point at the most
Easterly Northeast corner of said MJW Partners 77.17 ac.;
THENCE North 89 deg. 34 min. 48 sec. West, with a North line
of said MJW Partners 77.17 ac. and a South line of said 377.45 ac., a
distance of 78.26 ft. to a point for an Ell corner of said 377.45
ac.;
THENCE North 00 deg. 49 min. 48 sec. West, with an East line
of said MJW Partners 77.17 ac. and a West line of said 377.45 ac.,
passing a Northeast corner of said MJW Partners 77.17 ac. and the
Southeast corner of the 2.46 ac. tract of land (Tract B) conveyed to
MJW Partners, L.B. in said Volume 4458, Page 1303, and continuing
now with the East line of said MJW Partners 2.46 ac. for a total
distance of 264.00 ft. to a point at the Northeast corner of said
MJW Properties 2.46 ac.;
THENCE North 89 deg. 34 min. 48 sec. West, with the North line
of said MJW Partners 2.46 ac. and a South line of said 377.45 ac., a
distance of 424.33 ft. to a point at the most Westerly Southwest
corner of said 377.45 ac., at the Northwest corner of said MJW
Partners 2.46 ac.;
THENCE North 00 deg. 03 min. 15 sec. West, entering the
pavement of Collin County Road No. 222, passing the most Easterly
Southeast corner of the 12.5 ac. tract of land (First Tract)
conveyed to Julie Elizabeth Fifer Hilbun in Volume 4753, Page 394,
said Collin County Deed Records, being the intersection of the
center of said Collin County Road No. 222 with the center of Collin
County Road No. 291 and continuing now with the center of said
Collin County Road No. 291, passing the Northeast corner of said
Hilbun 12.5 ac. and the most Easterly Southeast corner of the 89.74
ac. tract of land conveyed to Lee Brock and Michael Adams in Volume
4971, Page 3703, said Collin County Deed Records, a Northeast
corner of said Batterton Survey, the Southeast corner of said
Whitaker Survey, and continuing now with the East line of both said
Whitaker Survey and said Brock & Adams 89.74 ac. and the West line
of said Arnspiger Survey, passing the Northeast corner of said
Brock & Adams 89.74 ac. and the Southeast corner of the 113.35 ac.
tract of land conveyed to Claude T. Dowell and Betty M. Dowell in
Collin County Clerk File No. 96-0003539, and continuing now with
the East line of said Dowell 113.35 ac. for a total distance of
2,879.39 ft. to a PK nail at the Northwest corner of said 6.29 ac.,
at the Southwest corner of the 5.00 ac. tract of land conveyed to
Wood Family Trust in Volume 3910, Page 772, said Grayson County
Official Public Records, at the most Westerly Northwest corner of
the herein described tract;
THENCE South 88 deg. 53 min. 10 sec. East, with the South line
of said Wood Family Trust 5.00 ac., a distance of 573.19 ft. to a
point at the Southeast corner of said Wood Family Trust 5.00 ac., at
an Ell corner of said 6.29 ac.;
THENCE North 00 deg. 03 min. 10 sec. West, with the East line
of said Wood Family Trust 5.00 ac., a distance of 123.02 ft. to a
point in the North line said Collin County, the South line of
Grayson County, at the most Northerly Northwest corner of the
herein described tract;
THENCE South 88 deg. 01 min. 11 sec. East, with the North line
of said Collin County and the South line of said Grayson County,
over and across said Viola 377.45 ac., crossing an East line of said
Viola 377.45 ac. and a West line of said Viola 1,232.837 ac. and
continuing now over and across said Viola 1,232.837 ac. for a total
distance of 5,627.60 ft. to a point;
THENCE South 06 deg. 38 min. 18 sec. West, a distance of
259.52 ft.;
THENCE South 02 deg. 15 min. 16 sec. East, a distance of 87.99
ft. to a point in the center of County Road No. 290;
THENCE North 87 deg. 49 min. 46 sec. East, with the center of
said County Road No. 290, a distance of 1,121.68 ft. to a point at an
Ell corner;
THENCE North 17 deg. 08 min. 05 sec. East, continuing with the
center of said County Road No. 290, a distance of 274.78 ft. to a
point in the South line of said Grayson County, in the North line of
said Collin County;
THENCE South 88 deg. 01 min. 11 sec. East, continuing with the
center of said County Road No. 290, a distance of 918.91 ft. to the
PLACE OF BEGINNING and containing 1,245.36 ACRES of land;
LESS AND EXCEPT the tract described below.
SITUATED in the County of Collin, State of Texas, and being a
part of the Jonas Whitaker Survey, Abstract No. 981, being a part of
the E. T. Berry Survey, Abstract No. 41, and being all of the
property conveyed to D. E. Billups, lying in the E. T. Berry Survey,
and being all of the property conveyed to Geraldine Billups in
Volume 4831, Page 862, Collin County Deed Records, and being all of
the property conveyed to John Adams and Paul Adams in County Clerks
File No. 94-0083801, and being more particularly described as one
tract of land by metes and bounds as follows, to-wit:
BEGINNING at a point in the center of County Road No. 290, at
the Southwest corner of both said John & Paul Adams tract and the
herein described exception tract;
THENCE North 00 degrees 17 minutes 41 seconds West, with the
center of said County Road No. 290, a distance of 234.95 feet to a
point at the intersection of the center of said County Road No. 290
and County Road No. 222, at an angle point in the West line of the
herein described exception tract;
THENCE North 00 degrees 13 minutes 11 seconds West,
continuing with the center of said County Road No. 290, passing the
Northwest corner of said John & Paul Adams tract, and the Southwest
corner of said Geraldine Billups tract, passing the Northwest
corner of said Geraldine Billups tract and the Southwest corner of
said D. E. Billups tract and continuing now with the West line of
said D. E. Billups tract for a total distance of 612.61 feet to a
point at the Northwest corner of both said D. E. Billups tract and
the herein described exception tract;
THENCE North 89 degrees 37 minutes 36 seconds East, with the
North line of said D. E. Billups tract, a distance of 1,418.49 feet
to a point at the Northeast corner of both said D. E. Billups tract
and the herein described exception tract;
THENCE Southerly, with the East line of said D. E. Billups
tract, said Geraldine Billups tract and said John & Paul Adams
tract, the following calls and distances:
South 22 degrees 07 minutes 54 seconds East, a distance of
107.40 feet to a angle point;
South 36 degrees 30 minutes 12 seconds West, a distance of
123.56 feet to a angle point;
South 55 degrees 01 minutes 11 seconds East, a distance of
127.51 feet to a angle point;
South 09 degrees 13 minutes 07 seconds East, a distance of
307.63 feet to a angle point;
South 00 degrees 53 minutes 06 seconds West, a distance of
272.87 feet to a point at the Southeast corner of both said John &
Paul Adams tract and the herein described exception tract;
THENCE South 89 degrees 41 minutes 10 seconds West, with the
South line of said John & Paul Adams tract, a distance of 1,531.43
feet to the PLACE OF BEGINNING and containing 29.09 ACRES of land
less and excepted from the above described 1,245.36 ac. tract and
leaving a NET ACREAGE of 1,216.27 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.