Texas 2009 - 81st Regular

Texas House Bill HB4751 Compare Versions

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1	1	81R13610 SLB-F
2	2	By: Laubenberg H.B. No. 4751
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Van Alstyne Municipal Utility
8	8	District No. 2 of Collin County; providing authority to impose a tax
9	9	and issue bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8314 to read as follows:
13	13	CHAPTER 8314. VAN ALSTYNE MUNICIPAL UTILITY DISTRICT NO. 2 OF
14	14	COLLIN COUNTY
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8314.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Director" means a board member.
19	19	(3) "District" means the Van Alstyne Municipal Utility
20	20	District No. 2 of Collin County.
21	21	Sec. 8314.002. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 8314.003. CONFIRMATION AND DIRECTORS' ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 8314.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8314.003
30	30	until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 8314.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
35	35	The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8314.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act creating this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 8314.007-8314.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8314.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8314.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8314.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act creating this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the Texas Commission on
66	66	Environmental Quality requesting that the commission appoint as
67	67	temporary directors the five persons named in the petition. The
68	68	commission shall appoint as temporary directors the five persons
69	69	named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8314.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act creating this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8314.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8314.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the Texas Commission on Environmental
87	87	Quality requesting that the commission appoint as successor
88	88	temporary directors the five persons named in the petition. The
89	89	commission shall appoint as successor temporary directors the five
90	90	persons named in the petition.
91	91	[Sections 8314.053-8314.100 reserved for expansion]
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 8314.101. GENERAL POWERS AND DUTIES. The district has
94	94	the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 8314.102. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 8314.103. AUTHORITY FOR ROAD PROJECTS. Under Section
102	102	52, Article III, Texas Constitution, the district may design,
103	103	acquire, construct, finance, issue bonds for, improve, operate,
104	104	maintain, and convey to this state, a county, or a municipality for
105	105	operation and maintenance macadamized, graveled, or paved roads, or
106	106	improvements, including storm drainage, in aid of those roads.
107	107	Sec. 8314.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
108	108	project must meet all applicable construction standards, zoning and
109	109	subdivision requirements, and regulations of each municipality in
110	110	whose corporate limits or extraterritorial jurisdiction the road
111	111	project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 8314.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
121	121	OR RESOLUTION. The district shall comply with all applicable
122	122	requirements of any ordinance or resolution that is adopted under
123	123	Section 54.016 or 54.0165, Water Code, and that consents to the
124	124	creation of the district or to the inclusion of land in the
125	125	district.
126	126	Sec. 8314.106. LIMITATION ON USE OF EMINENT DOMAIN. (a)
127	127	The district may not exercise the power of eminent domain outside
128	128	the district to acquire a site or easement for:
129	129	(1) a road project authorized by Section 8314.103; or
130	130	(2) a recreational facility as defined by Section
131	131	49.462, Water Code.
132	132	(b) The district may not exercise the power of eminent
133	133	domain in the corporate limits of the City of Van Alstyne unless the
134	134	city has consented by ordinance or resolution to that exercise of
135	135	eminent domain authority.
136	136	Sec. 8314.107. DIVISION OF DISTRICT. (a) The district may
137	137	be divided into two or more new districts only if:
138	138	(1) the district has no outstanding bonded debt;
139	139	(2) the district is not imposing ad valorem taxes; and
140	140	(3) the City of Van Alstyne has consented by ordinance
141	141	or resolution to the division of the district.
142	142	(b) This chapter applies to any new district created by the
143	143	division of the district, and a new district has all the powers and
144	144	duties of the district.
145	145	(c) Any new district created by the division of the district
146	146	may not, at the time the new district is created, contain any land
147	147	outside the area described by Section 2 of the Act creating this
148	148	chapter.
149	149	(d) The board, on its own motion or on receipt of a petition
150	150	signed by the owner or owners of a majority of the assessed value of
151	151	the real property in the district, may adopt an order dividing the
152	152	district.
153	153	(e) The board may adopt an order dividing the district
154	154	before or after the date the board holds an election under Section
155	155	8314.003 to confirm the district's creation.
156	156	(f) An order dividing the district shall:
157	157	(1) name each new district;
158	158	(2) include the metes and bounds description of the
159	159	territory of each new district;
160	160	(3) appoint temporary directors for each new district;
161	161	and
162	162	(4) provide for the division of assets and liabilities
163	163	between or among the new districts.
164	164	(g) On or before the 30th day after the date of adoption of
165	165	an order dividing the district, the district shall file the order
166	166	with the Texas Commission on Environmental Quality and record the
167	167	order in the real property records of each county in which the
168	168	district is located.
169	169	(h) Any new district created by the division of the district
170	170	shall hold a confirmation and directors' election as required by
171	171	Section 8314.003.
172	172	(i) Subject to Subsection (a), municipal consent to the
173	173	creation of the district and to the inclusion of land in the
174	174	district granted under Section 8314.004 acts as municipal consent
175	175	to the creation of any new district created by the division of the
176	176	district and to the inclusion of land in the new district.
177	177	(j) Any new district created by the division of the district
178	178	must hold an election as required by this chapter to obtain voter
179	179	approval before the district may impose a maintenance tax or issue
180	180	bonds payable wholly or partly from ad valorem taxes.
181	181	Sec. 8314.108. LIMITATION ON ANNEXATION. The district may
182	182	not annex any territory outside the area described by Section 2 of
183	183	the Act creating this chapter unless the City of Van Alstyne has
184	184	consented by ordinance or resolution to the annexation.
185	185	[Sections 8314.109-8314.150 reserved for expansion]
186	186	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
187	187	Sec. 8314.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
188	188	district may issue, without an election, bonds and other
189	189	obligations secured by:
190	190	(1) revenue other than ad valorem taxes; or
191	191	(2) contract payments described by Section 8314.153.
192	192	(b) The district must hold an election in the manner
193	193	provided by Chapters 49 and 54, Water Code, to obtain voter approval
194	194	before the district may impose an ad valorem tax or issue bonds
195	195	payable from ad valorem taxes.
196	196	(c) The district may not issue bonds payable from ad valorem
197	197	taxes to finance a road project unless the issuance is approved by a
198	198	vote of a two-thirds majority of the district voters voting at an
199	199	election held for that purpose.
200	200	Sec. 8314.152. OPERATION AND MAINTENANCE TAX. (a) If
201	201	authorized at an election held under Section 8314.151, the district
202	202	may impose an operation and maintenance tax on taxable property in
203	203	the district in accordance with Section 49.107, Water Code.
204	204	(b) The board shall determine the tax rate. The rate may not
205	205	exceed the rate approved at the election.
206	206	Sec. 8314.153. CONTRACT TAXES. (a) In accordance with
207	207	Section 49.108, Water Code, the district may impose a tax other than
208	208	an operation and maintenance tax and use the revenue derived from
209	209	the tax to make payments under a contract after the provisions of
210	210	the contract have been approved by a majority of the district voters
211	211	voting at an election held for that purpose.
212	212	(b) A contract approved by the district voters may contain a
213	213	provision stating that the contract may be modified or amended by
214	214	the board without further voter approval.
215	215	[Sections 8314.154-8314.200 reserved for expansion]
216	216	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
217	217	Sec. 8314.201. AUTHORITY TO ISSUE BONDS AND OTHER
218	218	OBLIGATIONS. The district may issue bonds or other obligations
219	219	payable wholly or partly from ad valorem taxes, impact fees,
220	220	revenue, contract payments, grants, or other district money, or any
221	221	combination of those sources, to pay for any authorized district
222	222	purpose.
223	223	Sec. 8314.202. TAXES FOR BONDS. At the time the district
224	224	issues bonds payable wholly or partly from ad valorem taxes, the
225	225	board shall provide for the annual imposition of a continuing
226	226	direct ad valorem tax, without limit as to rate or amount, while all
227	227	or part of the bonds are outstanding as required and in the manner
228	228	provided by Sections 54.601 and 54.602, Water Code.
229	229	Sec. 8314.203. BONDS FOR ROAD PROJECTS. At the time of
230	230	issuance, the total principal amount of bonds or other obligations
231	231	issued or incurred to finance road projects and payable from ad
232	232	valorem taxes may not exceed one-fourth of the assessed value of the
233	233	real property in the district.
234	234	SECTION 2. The Van Alstyne Municipal Utility District No. 2
235	235	of Collin County initially includes all the territory contained in
236	236	the following area:
237	237	SITUATED in the County of Collin, State of Texas, and being a
238	238	part of the W. M. Creager Survey, Abstract No. 164, and being all of
239	239	the 6.120 ac. tract of land (Tract 6) conveyed to Vincent Viola by
240	240	W. Mark David by Special Warranty Deed dated July 30, 2001 and
241	241	recorded in Volume 4987, Page 697, Deed Records, Collin County,
242	242	Texas, and being more particularly described as one tract of land by
243	243	metes and bounds as follows, to-wit:
244	244	BEGINNING at a point in the West right-of-way line of State
245	245	Highway No. 5, at the Northeast corner of said Viola Tract 6, at the
246	246	Southeast corner of the property conveyed to John E. Steffens in
247	247	Collin County Clerk's File No. 93-0104713;
248	248	THENCE South 21 deg. 08 min. 14 sec. East, with the West
249	249	right-of-way line of said State Highway No. 5, a distance of 638.77
250	250	ft. to a point at the most Easterly Southeast corner of said Viola
251	251	Tract 6, at the Northeast corner of the property conveyed to Tina M.
252	252	Lieto;
253	253	THENCE South 69 deg. 07 min. 56 sec. West, with the North line
254	254	of said Lieto tract, a distance of 142.55 ft. to a point at the
255	255	Northwest corner of said Lieto tract;
256	256	THENCE South 20 deg. 28 min. 53 sec. East, with the West line
257	257	of said Lieto tract, a distance of 300.17 ft. to a point in the North
258	258	line of the property conveyed to Tim P. Heffernan in Collin County
259	259	Clerk's File No. 94-0098977, at the Southwest corner of said Lieto
260	260	tract, at the most Southerly Southeast corner of said Viola Tract 6;
261	261	THENCE South 68 deg. 55 min. 52 sec. West, with the North line
262	262	of said Heffernan tract, a distance of 377.37 ft. to a point in the
263	263	East line of the property conveyed to Kerry L. Burns in Collin
264	264	County Clerk's File No. 93-0091969, at the Southwest corner of said
265	265	Viola Tract 6;
266	266	THENCE North 01 deg. 35 min. 22 sec. East, with the East line
267	267	of said Burns tract, a distance of 1,068.04 ft. to a point in the
268	268	South line of said Steffens tract, at the Northeast corner of said
269	269	Burns tract, at the Northwest corner of said Viola Tract 6;
270	270	THENCE South 88 deg. 00 min. 01 sec. East, with the South line
271	271	of said Steffens tract, a distance of 120.42 ft. to the PLACE OF
272	272	BEGINNING and containing 6.12 ACRES of land.
273	273	SITUATED in the County of Collin, State of Texas, and being a
274	274	part of the W. M. Creager Survey, Abstract No. 164, and being all of
275	275	the 27.387 ac. tract of land (Tract 7) conveyed to Vincent Viola by
276	276	W. Mark David by Special Warranty Deed dated July 30, 2001 and
277	277	recorded in Volume 4987, Page 697, Deed Records, Collin County,
278	278	Texas, and being more particularly described as one tract of land by
279	279	metes and bounds as follows, to-wit:
280	280	BEGINNING at a point in the West right-of-way line of State
281	281	Highway No. 5, at the Northeast corner of said Viola Tract 7, at the
282	282	Southeast corner of the property conveyed to Tim P. Heffernan in
283	283	Collin County Clerk's File No. 94-0098977;
284	284	THENCE South 21 deg. 08 min. 14 sec. East, with the West
285	285	right-of-way line of said State Highway No. 5, a distance of
286	286	1,183.89 ft. to a point at the Northeast corner of the property
287	287	conveyed to M. F. Darehsori in Volume 2264, Page 395, said Collin
288	288	County Deed Records;
289	289	THENCE North 87 deg. 58 min. 11 sec. West, with the North line
290	290	of said Darehsori tract, a distance of 131.73 ft. to a point at the
291	291	Northwest corner of said Darehsori tract;
292	292	THENCE South 02 deg. 01 min. 49 sec. West, with the West line
293	293	of said Darehsori tract, a distance of 150.00 ft. to a point at the
294	294	Southwest corner of said Darehsori tract;
295	295	THENCE South 87 deg. 58 min. 11 sec. East, with the South line
296	296	of said Darehsori tract, a distance of 195.92 ft. to a point in the
297	297	West right-of-way line of said State Highway No. 5, at the Southeast
298	298	corner of said Darehsori tract;
299	299	THENCE South 21 deg. 08 min. 14 sec. East, with the West
300	300	right-of-way line of said State Highway No. 5, a distance of 190.49
301	301	ft. to a point at the Southeast corner of said Viola Tract 7;
302	302	THENCE North 87 deg. 54 min. 56 sec. West, with the South line
303	303	of said Viola Tract 7, a distance of 1,216.71 ft. to a point at the
304	304	Southwest corner of said Viola Tract 7;
305	305	THENCE North 01 deg. 35 min. 22 sec. East, with the West line
306	306	of said Viola Tract 7, a distance of 1,149.78 ft. to a point at the
307	307	Northwest corner of said Viola Tract 7, at the Southwest corner of
308	308	said Heffernan tract;
309	309	THENCE North 69 deg. 05 min. 34 sec. East, with the South line
310	310	of said Heffernan tract, a distance of 673.94 ft. to the PLACE OF
311	311	BEGINNING and containing 27.39 ACRES of land.
312	312	SITUATED in the County of Collin, State of Texas, and being a
313	313	part of the W. M. Creager Survey, Abstract No. 164, being a part of
314	314	the Hanny Nelson Survey, Abstract No. 431, and being all of the
315	315	14.381 ac. tract of land (Tract 4) and 20.024 ac. tract of land
316	316	(Tract 5) both conveyed to Vincent Viola by W. Mark David by Special
317	317	Warranty Deed dated July 30, 2001 and recorded in Volume 4987, Page
318	318	697, Deed Records, Collin County, Texas, and being more
319	319	particularly described as one tract of land by metes and bounds as
320	320	follows, to-wit:
321	321	BEGINNING at a point in the center of Collin County Road No.
322	322	290, a public road, in the East-right-of-way line of State Highway
323	323	No. 5, at the Northwest corner of said Viola Tract 4;
324	324	THENCE South 86 deg. 46 min. 02 sec. East, with the center of
325	325	said Collin County Road No. 290 and the North line of said Viola
326	326	Tract 4, a distance of 752.82 ft. to a point at the Northeast corner
327	327	of said Viola Tract 4, at the Northwest corner of the property
328	328	conveyed to Rollin G. Andreas in Collin County Clerk's File No.
329	329	95-0024818;
330	330	THENCE South 02 deg. 30 min. 46 sec. West, with the West line
331	331	of said Andreas tract, a distance of 1,162.43 ft. to a point at the
332	332	Southwest corner of said Andreas tract, at the most Northerly
333	333	Northwest corner of said Viola Tract 5;
334	334	THENCE South 88 deg. 22 min. 09 sec. East, with the South line
335	335	of said Andreas tract, passing the Southeast corner of said Andreas
336	336	tract and the Southwest corner of the property conveyed to Clyde L.
337	337	Depew in Volume 2709, Page 88, said Collin County Deed Records, and
338	338	continuing now with the South line of said Depew tract, passing the
339	339	Southeast corner of said Depew tract and the Southwest corner of the
340	340	property conveyed to Donald H. Topper in Volume 3139, Page 13, said
341	341	Collin County Deed Records, and continuing now with the South line
342	342	of said Topper tract for total distance of 1,305.31 ft. to a point
343	343	at the Northeast corner of said Viola Tract 5;
344	344	THENCE South 02 deg. 11 min. 51 sec. West, with the East line
345	345	of said Viola Tract 5, a distance of 661.46 ft. to a point at the
346	346	Southeast corner of both said Viola Tract 5 and the herein described
347	347	tract, at a corner of the property conveyed to Osa W. Marshhall in
348	348	Volume 756, Page 823, said Collin County Deed Records;
349	349	THENCE North 87 deg. 53 min. 32 sec. West, with the South line
350	350	of said Viola Tract 5 and the North line of said Marshhall tract, a
351	351	distance of 1,263.76 ft. to a point in the East right-of-way line of
352	352	said State Highway No. 5, at the Southwest corner of both said Viola
353	353	Tract 5 and the herein described tract, at the Northwest corner of
354	354	said Marshhall tract;
355	355	THENCE North 21 deg. 07 min. 59 sec. West, with the East
356	356	right-of-way line of said State Highway No. 5 and the West line of
357	357	said Viola Tract 5, passing the most Westerly Northwest corner of
358	358	said Viola Tract 5 and the Southwest corner of said Viola Tract 4
359	359	and continuing now with the West line of said Viola Tract 4 for a
360	360	total distance of 1,989.19 ft. to the PLACE OF BEGINNING and
361	361	containing 34.40 ACRES of land.
362	362	SITUATED in the County of Collin, State of Texas, and being a
363	363	part of the Hanny Nelson Survey, Abstract No. 431, and being a part
364	364	of the J. C. Burge Survey, Abstract No. 106, and being a part of the
365	365	W. M. Creager Survey, Abstract No. 164, and being a part of the
366	366	363.943 ac. tract of land (Tract 2) and all of the 217.416 ac. tract
367	367	of land (Tract 3), both conveyed to Vincent Viola by W. Mark David
368	368	by Special Warranty Deed dated July 30, 2001 and recorded in Volume
369	369	4987, Page 697, Deed Records, Collin County, Texas, and being more
370	370	particularly described as one tract of land by metes and bounds as
371	371	follows, to-wit:
372	372	BEGINNING at a point in East right-of-way line of U. S.
373	373	Highway No. 75, in the center of Collin County Road No. 290, at the
374	374	most Northerly Northwest corner of said Viola Tract 2;
375	375	THENCE South 87 deg. 47 min. 57 sec. East, with the center of
376	376	said Collin County Road No. 290, a distance of 677.09 ft. to a point
377	377	at the Northeast corner of said Viola Tract 2, at the Northwest
378	378	corner of said Viola Tract 3;
379	379	THENCE South 88 deg. 25 min. 32 sec. East, continuing with the
380	380	center of said Collin County Road No. 290, a distance of 447.93 ft.
381	381	to a point at the Northwest corner of the property conveyed to Jim
382	382	Lawrence in Volume 1498, Page 563, said Collin County Deed Records;
383	383	THENCE South 01 deg. 54 min. 14 sec. West, with the West line
384	384	of said Lawrence tract, a distance of 599.97 ft. to a point at the
385	385	Southwest corner of said Lawrence tract;
386	386	THENCE South 88 deg. 12 min. 30 sec. East, with the South line
387	387	of said Lawrence tract, a distance of 579.90 ft. to a point at the
388	388	Southeast corner of said Lawrence tract;
389	389	THENCE North 01 deg. 58 min. 08 sec. East, with the East line
390	390	of said Lawrence tract, a distance of 602.17 ft. to a point in the
391	391	center of said Collin County Road No. 290, at the Northeast corner
392	392	of said Lawrence tract;
393	393	THENCE South 88 deg. 25 min. 32 sec. East, with the center of
394	394	said Collin County Road No. 290, passing the most Westerly
395	395	Southwest corner of the property conveyed to Tucker B. McDonald in
396	396	Collin County Clerk's File No. 94-0053961, and continuing now with
397	397	a South line of said McDonald tract for a total distance of 815.54
398	398	ft. to a point at a Northeast corner of said Viola Tract 3, at an Ell
399	399	corner of said McDonald tract;
400	400	THENCE South 01 deg. 55 min. 23 sec. West, with a West line of
401	401	said McDonald tract, a distance of 144.12 ft. to a point at the
402	402	Southwest corner of said McDonald tract;
403	403	THENCE South 88 deg. 09 min. 09 sec. East, with a South line
404	404	of said McDonald tract, passing the Southeast corner of said
405	405	McDonald tract and a Southwest corner of the property conveyed to
406	406	Forrest W. Moore in Volume 1799, Page 804, said Collin County Deed
407	407	Records, and continuing now with a South line of said Moore tract
408	408	for a total distance of 1,372.74 ft. to a point in West right-of-way
409	409	line of State Highway No. 5, at the Northeast corner of both said
410	410	Viola Tract 3 and the herein described tract;
411	411	THENCE South 21 deg. 08 min. 14 sec. East, with the West
412	412	right-of-way line of said State Highway No. 5, a distance of
413	413	1,357.58 ft. to a point at the most Easterly Southeast corner of
414	414	both said Viola Tract 3 and the herein described tract, at the
415	415	Northeast corner of the property conveyed to John E. Steffens in
416	416	Collin County Clerk's File No. 93-0104713;
417	417	THENCE North 87 deg. 57 min. 15 sec. West, with the North line
418	418	of said Steffens tract, a distance of 701.67 ft. to a point at the
419	419	Northwest corner of said Steffens tract;
420	420	THENCE South 00 deg. 32 min. 52 sec. East, with the West line
421	421	of said Steffens tract, a distance of 185.54 ft. to a point in the
422	422	North line of the property conveyed to Ann Marie Forlenza in Collin
423	423	County Clerk's File No. 96-0016528, at the Southwest corner of said
424	424	Steffens tract;
425	425	THENCE North 88 deg. 15 min. 56 sec. West, with the North line
426	426	of said Forlenza tract, passing the Northwest corner of said
427	427	Forlenza tract and the Northeast corner of Anna 103, an Addition to
428	428	Collin County, Texas, as recorded in the Collin County Plat
429	429	Records, a distance of 219.14 ft. to an angle point in the North
430	430	line of said Anna 103 Addition;
431	431	THENCE North 88 deg. 54 min. 31 sec. West, continuing with the
432	432	North line of said Anna 103 Addition, a distance of 802.35 ft. to a
433	433	point at the Northwest corner of said Anna 103 Addition;
434	434	THENCE South 02 deg. 22 min. 42 sec. West, with the West line
435	435	of said Anna 103 Addition, a distance of 2,263.74 ft. to a point at
436	436	the Northeast corner of the property conveyed to Ronald Larue in
437	437	Volume 1697, Page 57, said Collin County Deed Records;
438	438	THENCE North 83 deg. 28 min. 52 sec. West, with the North line
439	439	of said Larue tract, a distance of 386.62 ft. to a point at the
440	440	Northwest corner of said Larue tract;
441	441	THENCE South 02 deg. 22 min. 41 sec. West, with the West line
442	442	of said Larue tract, a distance of 335.53 ft. to a point in the North
443	443	line of the property conveyed to Virginia R. Bryant in Volume 2867,
444	444	Page 168, said Collin County Deed Records, at the Southwest corner
445	445	of said Larue tract;
446	446	THENCE North 86 deg. 56 min. 09 sec. West, with the North line
447	447	of said Bryant tract, a distance of 474.85 ft. to a point at the
448	448	Northwest corner of said Bryant tract;
449	449	THENCE North 87 deg. 00 min. 45 sec. West, a distance of
450	450	597.94 ft. to a point at the Southeast corner of the Mantua
451	451	Cemetery;
452	452	THENCE North 01 deg. 35 min. 32 sec. East, with the East line
453	453	of said Mantua Cemetery, a distance of 372.22 ft. to a point at the
454	454	Northeast corner of said Mantua Cemetery;
455	455	THENCE South 54 deg. 09 min. 25 sec. West, with the North line
456	456	of said Mantua Cemetery, a distance of 319.95 ft. to an angle point;
457	457	THENCE North 40 deg. 29 min. 38 sec. West, continuing with the
458	458	North line of said Mantua Cemetery, a distance of 134.58 ft. to an
459	459	angle point;
460	460	THENCE South 81 deg. 54 min. 46 sec. West, continuing with the
461	461	North line of said Mantua Cemetery, a distance of 60.47 ft. to an
462	462	angle point;
463	463	THENCE South 20 deg. 08 min. 34 sec. West, continuing with the
464	464	North line of said Mantua Cemetery, a distance of 155.17 ft. to an
465	465	angle point;
466	466	THENCE South 69 deg. 37 min. 57 sec. West, continuing with the
467	467	North line of said Mantua Cemetery, a distance of 17.16 ft. to a
468	468	point in the center of a public road, at the Northwest corner of
469	469	said Mantua Cemetery;
470	470	THENCE South 03 deg. 13 min. 52 sec. West, with the West line
471	471	of said Mantua Cemetery, a distance of 102.46 ft. to a point at the
472	472	Southwest corner of said Mantua Cemetery;
473	473	THENCE South 87 deg. 00 min. 45 sec. East, with the South line
474	474	of said Mantua Cemetery, a distance of 23.27 ft. to a point in the
475	475	center of said public road;
476	476	THENCE South 08 deg. 32 min. 03 sec. West, with the center of
477	477	said public road, a distance of 105.61 ft. to an angle point;
478	478	THENCE South 36 deg. 51 min. 30 sec. West, continuing with the
479	479	center of said public road, a distance of 94.21 ft. to an angle
480	480	point;
481	481	THENCE South 51 deg. 48 min. 17 sec. West, continuing with the
482	482	center of said public road, a distance of 78.22 ft. to an angle
483	483	point;
484	484	THENCE South 56 deg. 56 min. 45 sec. West, continuing with the
485	485	center of said public road, a distance of 149.91 ft. to an angle
486	486	point;
487	487	THENCE South 57 deg. 35 min. 20 sec. West, continuing with the
488	488	center of said public road, a distance of 87.86 ft. to a point at the
489	489	most Northerly Northeast corner of the property conveyed to Leonard
490	490	Harlow in Collin County Clerk's File No. 92-0054819;
491	491	THENCE South 72 deg. 58 min. 34 sec. West, with a North line
492	492	of said Harlow tract, a distance of 246.79 ft. to a point at the most
493	493	Northerly Northwest corner of said Harlow tract;
494	494	THENCE South 01 deg. 36 min. 58 sec. West, with a West line of
495	495	said Harlow tract, a distance of 398.78 ft. to an angle point;
496	496	THENCE South 21 deg. 05 min. 34 sec. West, with a North line
497	497	of said Harlow tract, a distance of 82.04 ft. to a point at an Ell
498	498	corner of said Harlow tract;
499	499	THENCE North 87 deg. 34 min. 30 sec. West, continuing with a
500	500	North line of said Harlow tract, entering the centerline of said
501	501	public road and continuing for a distance of 233.21 ft. to a point
502	502	at the most Westerly Northwest corner of said Harlow tract;
503	503	THENCE South 89 deg. 26 min. 08 sec. West, with the center of
504	504	said public road, a distance of 492.32 ft. to a point at the
505	505	intersection of the center of said public road with the East
506	506	right-of-way line of said U. S. Highway No. 75;
507	507	THENCE Northerly, with the East right-of-way line of U. S.
508	508	Highway No. 75, the following calls and distances:
509	509	North 01 deg. 22 min. 30 sec. East, a distance of 26.10 ft. to
510	510	an angle point;
511	511	North 44 deg. 23 min. 30 sec. West, a distance of 41.84 ft. to
512	512	an angle point;
513	513	North 01 deg. 22 min. 30 sec. East, a distance of 774.10 ft.
514	514	to an angle point;
515	515	North 04 deg. 20 min. 30 sec. West, a distance of 200.95 ft.
516	516	to an angle point;
517	517	North 01 deg. 22 min. 30 sec. East, a distance of 199.95 ft.
518	518	to an angle point;
519	519	North 04 deg. 14 min. 15 sec. East, a distance of 200.20 ft.
520	520	to an angle point;
521	521	North 07 deg. 05 min. 08 sec. East, a distance of 200.95 ft.
522	522	to an angle point;
523	523	North 01 deg. 22 min. 30 sec. East, a distance of 199.95 ft.
524	524	to an angle point;
525	525	North 04 deg. 20 min. 08 sec. West, a distance of 200.95 ft.
526	526	to an angle point;
527	527	North 00 deg. 03 min. 25 sec. West, a distance of 400.02 ft.
528	528	to an angle point;
529	529	North 09 deg. 54 min. 21 sec. East, a distance of 202.18 ft.
530	530	to an angle point;
531	531	North 07 deg. 09 min. 20 sec. West, a distance of 202.18 ft.
532	532	to an angle point;
533	533	North 00 deg. 32 min. 03 sec. West, a distance of 600.18 ft.
534	534	to an angle point;
535	535	North 04 deg. 57 min. 05 sec. East, a distance of 400.68 ft.
536	536	to an angle point;
537	537	North 07 deg. 05 min. 08 sec. East, a distance of 401.89 ft.
538	538	to an angle point;
539	539	North 01 deg. 22 min. 31 sec. East, a distance of 159.31 ft.
540	540	to a point at the beginning of a curve;
541	541	Northerly, with a curve to the left having a radius of
542	542	11,681.11 ft. and a central angle of 02 deg. 16 min. 07 sec. (chord
543	543	bears North 00 deg. 14 min. 28 sec. East, 462.48 ft.), an arc
544	544	distance of 462.51 ft. to a point at the end of said curve;
545	545	North 49 deg. 37 min. 30 sec. East, a distance of 43.80 ft. to
546	546	an angle point;
547	547	South 88 deg. 06 min. 30 sec. East, a distance of 479.87 ft.
548	548	to an angle point;
549	549	North 24 deg. 52 min. 30 sec. East, a distance of 179.23 ft.
550	550	to an angle point;
551	551	North 01 deg. 41 min. 57 sec. East, a distance of 18.13 ft. to
552	552	the PLACE OF BEGINNING and containing 362.23 ACRES of land.
553	553	SITUATED in the County of Collin, State of Texas, and being a
554	554	part of the following Surveys in Collin County: the David Arnspiger
555	555	Survey, Abstract No. 15, the E. T. Berry Survey, Abstract No. 40,
556	556	the J. W. Curtis Survey, Abstract No. 1077, the Jonas Whitaker
557	557	Survey, Abstract No. 981, the P. Burns Survey, Abstract No. 100, and
558	558	the J. Batterman Survey, Abstract No. 94, and being a part of the
559	559	1,232.837 ac. tract of land conveyed to Vincent Viola by W. Mark
560	560	David by Special Warranty Deed dated July 30, 2001 and recorded in
561	561	Volume 4987, Page 726, Deed Records, Collin County, Texas, and
562	562	being all of the 64.749 ac. tract of land (Tract 3) conveyed to
563	563	Vincent J. Viola by Don S. Flesher by Warranty Deed dated September
564	564	10, 2004 and recorded in Volume 5766, Page 6210, said Collin County
565	565	Deed Records, and being all of the 133.814 ac. tract of land
566	566	conveyed to Vincent J. Viola by Mary Jane Kinsey by Warranty Deed
567	567	with Vendor's Lien dated March 31, 2004 and recorded in Volume 5642,
568	568	Page 1395, said Collin County Deed Records, and being all of the
569	569	377.45 ac. tract of land conveyed to Vincent J. Viola by Thornton
570	570	Farm Partnership, Ltd. by Special Warranty Deed with Vendor's Lien
571	571	dated September 22, 2005 and recorded in Volume 6010, Page 3310,
572	572	said Collin County Deed Records, and being all of the 61.61 ac.
573	573	tract of land conveyed to Vincent J. Viola by Jack R. Shirley,
574	574	Trustee of the Shirley Living Trust by Warranty Deed with Vendor's
575	575	Lien dated February 26, 2004 and recorded in Volume 5616, Page 5706,
576	576	said Collin County Deed Records, and being more particularly
577	577	described as one tract of land by metes and bounds as follows,
578	578	to-wit:
579	579	BEGINNING at a point in the West right-of-way line of U. S.
580	580	Highway No. 75, at a Northeast corner of said Viola 1,232.837 ac.;
581	581	THENCE Southerly, with the West right-of-way line of said U.
582	582	S. Highway No. 75, the following calls and distances:
583	583	South 02 deg. 54 min. 48 sec. West, a distance of 27.97 ft. to
584	584	an angle point;
585	585	South 30 deg. 46 min. 30 sec. East, a distance of 183.31 ft.
586	586	to an angle point;
587	587	South 88 deg. 06 min. 30 sec. East, a distance of 449.88 ft.
588	588	to an angle point;
589	589	South 44 deg. 01 min. 30 sec. East, a distance of 59.33 ft. to
590	590	a point at the beginning of a curve;
591	591	Southerly, with a non-tangent curve to the right having a
592	592	radius of 11,236.22 ft. and a central angle of 02 deg. 19 min. 08
593	593	sec. (chord bears South 00 deg. 12 min. 56 sec. West, 454.72 ft.),
594	594	an arc distance of 454.76 ft. to an angle point;
595	595	South 02 deg. 36 min. 16 sec. East, a distance of 360.12 ft.
596	596	to an angle point;
597	597	South 00 deg. 25 min. 13 sec. West, a distance of 599.93 ft.
598	598	to an angle point;
599	599	South 01 deg. 22 min. 30 sec. West, a distance of 199.95 ft.
600	600	to an angle point;
601	601	South 04 deg. 42 min. 49 sec. West, a distance of 600.86 ft.
602	602	to an angle point;
603	603	South 07 deg. 09 min. 20 sec. East, a distance of 202.18 ft.;
604	604	South 00 deg. 03 min. 25 sec. East, a distance of 400.02 ft.
605	605	to an angle point;
606	606	South 01 deg. 22 min. 30 sec. West, a distance of 999.74 ft.
607	607	to an angle point;
608	608	South 10 deg. 21 min. 51 sec. West, a distance of 195.80 ft.
609	609	to an angle point;
610	610	South 07 deg. 03 min. 08 sec. East, a distance of 208.75 ft.
611	611	to an angle point;
612	612	South 00 deg. 03 min. 25 sec. East, a distance of 400.02 ft.
613	613	to an angle point;
614	614	South 07 deg. 33 min. 03 sec. West, a distance of 185.86 ft.
615	615	to an angle point;
616	616	South 45 deg. 36 min. 30 sec. West, a distance of 42.98 ft. to
617	617	an angle point;
618	618	South 01 deg. 22 min. 30 sec. West, a distance of 24.40 ft. to
619	619	a point in the center of County Road No. 372, at the Southeast of the
620	620	herein described tract;
621	621	THENCE Westerly, with the center of said County Road No. 372,
622	622	the following calls and distances:
623	623	South 89 deg. 42 min. 59 sec. West, a distance of 353.70 ft.;
624	624	South 86 deg. 10 min. 45 sec. West, a distance of 143.79 ft.;
625	625	North 87 deg. 30 min. 14 sec. West, a distance of 53.25 ft.;
626	626	North 74 deg. 09 min. 11 sec. West, a distance of 54.65 ft.;
627	627	North 66 deg. 03 min. 55 sec. West, a distance of 186.27 ft.;
628	628	North 69 deg. 12 min. 09 sec. West, a distance of 184.29 ft.;
629	629	North 86 deg. 57 min. 36 sec. West, a distance of 96.84 ft.;
630	630	South 48 deg. 48 min. 29 sec. West, a distance of 93.49 ft.;
631	631	South 33 deg. 28 min. 27 sec. West, a distance of 305.00 ft.;
632	632	South 37 deg. 10 min. 57 sec. West, a distance of 265.16 ft.;
633	633	South 55 deg. 13 min. 57 sec. West, a distance of 89.72 ft.;
634	634	North 83 deg. 28 min. 02 sec. West, a distance of 100.14 ft.;
635	635	North 68 deg. 03 min. 52 sec. West, a distance of 396.07 ft.;
636	636	North 60 deg. 49 min. 08 sec. West, a distance of 186.54 ft.;
637	637	North 67 deg. 57 min. 27 sec. West, a distance of 71.26 ft.;
638	638	North 89 deg. 56 min. 56 sec. West, a distance of 69.12 ft.;
639	639	South 75 deg. 45 min. 15 sec. West, a distance of 103.51 ft.;
640	640	South 83 deg. 05 min. 09 sec. West, a distance of 72.42 ft.;
641	641	North 85 deg. 18 min. 09 sec. West, a distance of 68.25 ft.;
642	642	North 81 deg. 39 min. 08 sec. West, a distance of 527.44 ft.;
643	643	South 82 deg. 17 min. 34 sec. West, a distance of 143.98 ft.;
644	644	South 60 deg. 43 min. 16 sec. West, a distance of 129.67 ft.
645	645	to the intersection of the center of said County Road No. 372 with
646	646	the center of said County Road No. 290;
647	647	THENCE South 51 deg. 14 min. 09 sec. West, with the center of
648	648	said County Road No. 290, a distance of 159.23 ft. to an angle
649	649	point;
650	650	THENCE South 52 deg. 34 min. 25 sec. West, continuing with the
651	651	center of said County Road No. 290, a distance of 692.22 ft. to a
652	652	point at the Southeast corner of the property conveyed to Tristian
653	653	D. Pfeffer in Volume 3064, Page 593, said Collin County Deed
654	654	Records;
655	655	THENCE North 01 deg. 04 min. 20 sec. West, with the East line
656	656	of said Pfeffer tract, a distance of 295.17 ft. to a point at the
657	657	Northeast corner of said Pfeffer tract;
658	658	THENCE North 89 deg. 16 min. 11 sec. West, with the North line
659	659	of said Pfeffer tract, passing the Northwest corner of said Pfeffer
660	660	tract and the Northeast corner of the property conveyed to Michael
661	661	Ray Ashley, and continuing now with the North line of said Ashley
662	662	tract for a total distance of 547.91 ft. to a point at the Northwest
663	663	corner of said Ashley tract;
664	664	THENCE South 04 deg. 31 min. 06 sec. West, with the West line
665	665	of said Ashley tract, passing the Southwest corner of said Ashley
666	666	tract and continuing for a total distance of 872.74 ft. to a point
667	667	in the center of said County Road No. 290;
668	668	THENCE South 34 deg. 58 min. 46 sec. West, with the center of
669	669	said County Road No. 290, a distance of 568.84 ft. to an angle
670	670	point;
671	671	THENCE North 87 deg. 43 min. 32 sec. West, continuing with the
672	672	center of said County Road No. 290, a distance of 425.02 ft. to a
673	673	point at the intersection of the center of said County Road No. 290
674	674	with the center of a creek, at the Southeast corner of the 18.632
675	675	ac. tract of land conveyed to Stephen V. Jones and Kristi S. Jones
676	676	in Volume 4140, Page 3149, said Collin County Deed Records;
677	677	THENCE Northerly, with the center of a creek, maintaining the
678	678	East line of said Jones 18.632 ac., the following the calls and
679	679	distances:
680	680	North 04 deg. 31 min. 06 sec. East, a distance of 86.50 ft.;
681	681	North 35 deg. 11 min. 54 sec. West, a distance of 93.77 ft.;
682	682	North 23 deg. 28 min. 54 sec. West, a distance of 55.00 ft.;
683	683	North 52 deg. 28 min. 54 sec. West, a distance of 42.00 ft.;
684	684	North 26 deg. 48 min. 54 sec. West, a distance of 29.70 ft.;
685	685	North 69 deg. 58 min. 54 sec. West, a distance of 25.40 ft.;
686	686	North 31 deg. 08 min. 54 sec. West, a distance of 27.30 ft.;
687	687	North 05 deg. 49 min. 16 sec. West, a distance of 61.40 ft.;
688	688	North 15 deg. 44 min. 06 sec. East, a distance of 29.40 ft.;
689	689	North 31 deg. 13 min. 54 sec. West, a distance of 22.00 ft.;
690	690	North 79 deg. 23 min. 54 sec. West, a distance of 16.10 ft.;
691	691	North 00 deg. 46 min. 06 sec. East, a distance of 50.00 ft.;
692	692	North 31 deg. 45 min. 06 sec. East, a distance of 24.60 ft.;
693	693	North 02 deg. 31 min. 06 sec. East, a distance of 26.40 ft.;
694	694	North 34 deg. 28 min. 06 sec. East, a distance of 43.20 ft.;
695	695	North 13 deg. 08 min. 54 sec. West, a distance of 54.70 ft.;
696	696	North 00 deg. 31 min. 06 sec. East, a distance of 82.20 ft.;
697	697	North 19 deg. 28 min. 54 sec. West, a distance of 80.00 ft.;
698	698	North 40 deg. 03 min. 54 sec. West, a distance of 37.60 ft.;
699	699	North 17 deg. 46 min. 06 sec. East, a distance of 43.20 ft.;
700	700	North 58 deg. 31 min. 06 sec. East, a distance of 36.10 ft.;
701	701	North 28 deg. 28 min. 54 sec. West, a distance of 44.00 ft.;
702	702	North 56 deg. 28 min. 54 sec. West, a distance of 21.00 ft.;
703	703	North 21 deg. 15 min. 54 sec. West, a distance of 51.60 ft.;
704	704	South 48 deg. 11 min. 06 sec. West, a distance of 24.00 ft.;
705	705	North 44 deg. 08 min. 54 sec. West, a distance of 30.40 ft.;
706	706	North 85 deg. 28 min. 54 sec. West, a distance of 26.00 ft.;
707	707	North 43 deg. 28 min. 54 sec. West, a distance of 26.50 ft.;
708	708	North 85 deg. 28 min. 54 sec. West, a distance of 42.70 ft.;
709	709	North 27 deg. 08 min. 54 sec. West, a distance of 75.00 ft.;
710	710	North 13 deg. 28 min. 54 sec. West, a distance of 25.30 ft.;
711	711	North 34 deg. 28 min. 54 sec. West, a distance of 25.90 ft.;
712	712	North 18 deg. 36 min. 54 sec. West, a distance of 78.20 ft.;
713	713	North 68 deg. 31 min. 06 sec. East, a distance of 22.40 ft.;
714	714	North 46 deg. 42 min. 06 sec. East, a distance of 36.00 ft.;
715	715	North 44 deg. 28 min. 54 sec. West, a distance of 78.70 ft.;
716	716	North 37 deg. 37 min. 54 sec. West, a distance of 22.43 ft.;
717	717	South 81 deg. 30 min. 06 sec. West, a distance of 53.20 ft.;
718	718	North 16 deg. 18 min. 59 sec. West, a distance of 60.42 ft. to
719	719	a point at the Northeast corner of said Jones 18.632 ac.;
720	720	THENCE South 89 deg. 18 min. 29 sec. West, with the North
721	721	line of said Jones 18.632 ac., a distance of 293.17 ft. to a point at
722	722	the Northwest corner of said Jones 18.632 ac.;
723	723	THENCE South 00 deg. 19 min. 05 sec. East, with the West line
724	724	of said Jones 18.632 ac., a distance of 62.47 ft. to a 1/2 inch rebar
725	725	found at the Northwest base of a 48 inch tree at a fence corner, at
726	726	the Northeast corner of said Viola 133.814 ac.;
727	727	THENCE South 00 deg. 24 min. 08 sec. East, continuing with the
728	728	West line of said Jones 18.632 ac., a distance of 1,026.81 ft. to a
729	729	1/2 inch rebar found in the center of said County Road No. 290, at
730	730	the Southwest corner of said Jones 18.632 ac.,;
731	731	THENCE South 89 deg. 26 min. 03 sec. West, with the center of
732	732	said County Road No. 290, a distance of 772.79 ft. to a 1/2 inch
733	733	rebar found at an Ell corner of said Viola 133.814 ac.;
734	734	THENCE South 00 deg. 16 min. 20 sec. West, continuing with the
735	735	center of said County Road No. 290, a distance of 1,686.94 ft. to a
736	736	1/2 inch rebar found at the most Southerly Southeast corner of said
737	737	Viola 133.814 ac.;
738	738	THENCE North 89 deg. 36 min. 49 sec. West, continuing with the
739	739	center of said County Road No. 290 and with the South line of said
740	740	Viola 133.814 ac., a distance of 798.24 ft. to a 1/2 inch rebar
741	741	found at the Northeast corner of the 10.669 ac. tract of land
742	742	conveyed to Delmore A. M. Church and Joyce Church in Volume 702,
743	743	Page 585, said Collin County Deed Records;
744	744	THENCE North 89 deg. 29 min. 33 sec. West, continuing with the
745	745	center of said County Road No. 290 and with the North line of said
746	746	Church 10.669 ac., a distance of 935.50 ft. to a point at the
747	747	Northwest corner of said Church 10.669 ac.;
748	748	THENCE South 00 deg. 17 min. 31 sec. East, with the West line
749	749	of said Church 10.669 ac., a distance of 5.80 ft. to a point at the
750	750	Northeast corner of the 103 ac. tract of land conveyed to James
751	751	Robert Thornton in Volume 1596, Page 467 and Volume 1599, Page 451,
752	752	said Collin County Deed Records;
753	753	THENCE North 89 deg. 44 min. 24 sec. West, with the center of
754	754	Collin County Road No. 1101, a public road, and with the North line
755	755	of said Thornton 103 ac., a distance of 118.58 ft. to a 1/2 inch
756	756	rebar set at the Southwest corner of said Viola 133.814 ac., at the
757	757	Southeast corner of the 40 ac. tract of land conveyed to James R.
758	758	Thornton in Volume 724, Page 884, said Collin County Deed Records;
759	759	THENCE North 00 deg. 10 min. 11 sec. East, with the West line
760	760	of said Viola 133.814 ac. and the East line of said Thornton 40 ac.,
761	761	a distance of 2,705.48 ft. to a point in the South line of the 77.17
762	762	ac. tract of land (Tract A) conveyed to MJW Partners, L. P. in
763	763	Volume 4458, Page 1303, said Collin County Deed Records, at the
764	764	Northwest corner of said Viola 133.814 ac., at the Northeast corner
765	765	of said Thornton 40 ac.;
766	766	THENCE North 88 deg. 39 min. 20 sec. East, with the South line
767	767	of said MJW Partners 77.17 ac. and the North line of said Viola
768	768	133.814 ac., a distance of 479.16 ft. to a point at the Southeast
769	769	corner of said MJW Partners 77.17 ac., at the most Southerly
770	770	Southwest corner of said 377.45 ac.;
771	771	THENCE North 00 deg. 31 min. 02 sec. East, with the West line
772	772	of said 377.45 ac. and the East line of said MJW Partners 77.17 ac.,
773	773	a distance of 450.50 ft. to an angle point;
774	774	THENCE North 00 deg. 51 min. 11 sec. East, continuing with the
775	775	West line of said 377.45 ac. and the East line of said MJW Partners
776	776	77.17 ac., a distance of 856.69 ft. to an angle point;
777	777	THENCE North 00 deg. 38 min. 27 sec. East, continuing with the
778	778	West line of said 377.45 ac. and the East line of said MJW Partners
779	779	77.17 ac., a distance of 1,265.62 ft. to a point at the most
780	780	Easterly Northeast corner of said MJW Partners 77.17 ac.;
781	781	THENCE North 89 deg. 34 min. 48 sec. West, with a North line
782	782	of said MJW Partners 77.17 ac. and a South line of said 377.45 ac., a
783	783	distance of 78.26 ft. to a point for an Ell corner of said 377.45
784	784	ac.;
785	785	THENCE North 00 deg. 49 min. 48 sec. West, with an East line
786	786	of said MJW Partners 77.17 ac. and a West line of said 377.45 ac.,
787	787	passing a Northeast corner of said MJW Partners 77.17 ac. and the
788	788	Southeast corner of the 2.46 ac. tract of land (Tract B) conveyed to
789	789	MJW Partners, L.B. in said Volume 4458, Page 1303, and continuing
790	790	now with the East line of said MJW Partners 2.46 ac. for a total
791	791	distance of 264.00 ft. to a point at the Northeast corner of said
792	792	MJW Properties 2.46 ac.;
793	793	THENCE North 89 deg. 34 min. 48 sec. West, with the North line
794	794	of said MJW Partners 2.46 ac. and a South line of said 377.45 ac., a
795	795	distance of 424.33 ft. to a point at the most Westerly Southwest
796	796	corner of said 377.45 ac., at the Northwest corner of said MJW
797	797	Partners 2.46 ac.;
798	798	THENCE North 00 deg. 03 min. 15 sec. West, entering the
799	799	pavement of Collin County Road No. 222, passing the most Easterly
800	800	Southeast corner of the 12.5 ac. tract of land (First Tract)
801	801	conveyed to Julie Elizabeth Fifer Hilbun in Volume 4753, Page 394,
802	802	said Collin County Deed Records, being the intersection of the
803	803	center of said Collin County Road No. 222 with the center of Collin
804	804	County Road No. 291 and continuing now with the center of said
805	805	Collin County Road No. 291, passing the Northeast corner of said
806	806	Hilbun 12.5 ac. and the most Easterly Southeast corner of the 89.74
807	807	ac. tract of land conveyed to Lee Brock and Michael Adams in Volume
808	808	4971, Page 3703, said Collin County Deed Records, a Northeast
809	809	corner of said Batterton Survey, the Southeast corner of said
810	810	Whitaker Survey, and continuing now with the East line of both said
811	811	Whitaker Survey and said Brock & Adams 89.74 ac. and the West line
812	812	of said Arnspiger Survey, passing the Northeast corner of said
813	813	Brock & Adams 89.74 ac. and the Southeast corner of the 113.35 ac.
814	814	tract of land conveyed to Claude T. Dowell and Betty M. Dowell in
815	815	Collin County Clerk File No. 96-0003539, and continuing now with
816	816	the East line of said Dowell 113.35 ac. for a total distance of
817	817	2,879.39 ft. to a PK nail at the Northwest corner of said 6.29 ac.,
818	818	at the Southwest corner of the 5.00 ac. tract of land conveyed to
819	819	Wood Family Trust in Volume 3910, Page 772, said Grayson County
820	820	Official Public Records, at the most Westerly Northwest corner of
821	821	the herein described tract;
822	822	THENCE South 88 deg. 53 min. 10 sec. East, with the South line
823	823	of said Wood Family Trust 5.00 ac., a distance of 573.19 ft. to a
824	824	point at the Southeast corner of said Wood Family Trust 5.00 ac., at
825	825	an Ell corner of said 6.29 ac.;
826	826	THENCE North 00 deg. 03 min. 10 sec. West, with the East line
827	827	of said Wood Family Trust 5.00 ac., a distance of 123.02 ft. to a
828	828	point in the North line said Collin County, the South line of
829	829	Grayson County, at the most Northerly Northwest corner of the
830	830	herein described tract;
831	831	THENCE South 88 deg. 01 min. 11 sec. East, with the North line
832	832	of said Collin County and the South line of said Grayson County,
833	833	over and across said Viola 377.45 ac., crossing an East line of said
834	834	Viola 377.45 ac. and a West line of said Viola 1,232.837 ac. and
835	835	continuing now over and across said Viola 1,232.837 ac. for a total
836	836	distance of 5,627.60 ft. to a point;
837	837	THENCE South 06 deg. 38 min. 18 sec. West, a distance of
838	838	259.52 ft.;
839	839	THENCE South 02 deg. 15 min. 16 sec. East, a distance of 87.99
840	840	ft. to a point in the center of County Road No. 290;
841	841	THENCE North 87 deg. 49 min. 46 sec. East, with the center of
842	842	said County Road No. 290, a distance of 1,121.68 ft. to a point at an
843	843	Ell corner;
844	844	THENCE North 17 deg. 08 min. 05 sec. East, continuing with the
845	845	center of said County Road No. 290, a distance of 274.78 ft. to a
846	846	point in the South line of said Grayson County, in the North line of
847	847	said Collin County;
848	848	THENCE South 88 deg. 01 min. 11 sec. East, continuing with the
849	849	center of said County Road No. 290, a distance of 918.91 ft. to the
850	850	PLACE OF BEGINNING and containing 1,245.36 ACRES of land;
851	851	LESS AND EXCEPT the tract described below.
852	852	SITUATED in the County of Collin, State of Texas, and being a
853	853	part of the Jonas Whitaker Survey, Abstract No. 981, being a part of
854	854	the E. T. Berry Survey, Abstract No. 41, and being all of the
855	855	property conveyed to D. E. Billups, lying in the E. T. Berry Survey,
856	856	and being all of the property conveyed to Geraldine Billups in
857	857	Volume 4831, Page 862, Collin County Deed Records, and being all of
858	858	the property conveyed to John Adams and Paul Adams in County Clerks
859	859	File No. 94-0083801, and being more particularly described as one
860	860	tract of land by metes and bounds as follows, to-wit:
861	861	BEGINNING at a point in the center of County Road No. 290, at
862	862	the Southwest corner of both said John & Paul Adams tract and the
863	863	herein described exception tract;
864	864	THENCE North 00 degrees 17 minutes 41 seconds West, with the
865	865	center of said County Road No. 290, a distance of 234.95 feet to a
866	866	point at the intersection of the center of said County Road No. 290
867	867	and County Road No. 222, at an angle point in the West line of the
868	868	herein described exception tract;
869	869	THENCE North 00 degrees 13 minutes 11 seconds West,
870	870	continuing with the center of said County Road No. 290, passing the
871	871	Northwest corner of said John & Paul Adams tract, and the Southwest
872	872	corner of said Geraldine Billups tract, passing the Northwest
873	873	corner of said Geraldine Billups tract and the Southwest corner of
874	874	said D. E. Billups tract and continuing now with the West line of
875	875	said D. E. Billups tract for a total distance of 612.61 feet to a
876	876	point at the Northwest corner of both said D. E. Billups tract and
877	877	the herein described exception tract;
878	878	THENCE North 89 degrees 37 minutes 36 seconds East, with the
879	879	North line of said D. E. Billups tract, a distance of 1,418.49 feet
880	880	to a point at the Northeast corner of both said D. E. Billups tract
881	881	and the herein described exception tract;
882	882	THENCE Southerly, with the East line of said D. E. Billups
883	883	tract, said Geraldine Billups tract and said John & Paul Adams
884	884	tract, the following calls and distances:
885	885	South 22 degrees 07 minutes 54 seconds East, a distance of
886	886	107.40 feet to a angle point;
887	887	South 36 degrees 30 minutes 12 seconds West, a distance of
888	888	123.56 feet to a angle point;
889	889	South 55 degrees 01 minutes 11 seconds East, a distance of
890	890	127.51 feet to a angle point;
891	891	South 09 degrees 13 minutes 07 seconds East, a distance of
892	892	307.63 feet to a angle point;
893	893	South 00 degrees 53 minutes 06 seconds West, a distance of
894	894	272.87 feet to a point at the Southeast corner of both said John &
895	895	Paul Adams tract and the herein described exception tract;
896	896	THENCE South 89 degrees 41 minutes 10 seconds West, with the
897	897	South line of said John & Paul Adams tract, a distance of 1,531.43
898	898	feet to the PLACE OF BEGINNING and containing 29.09 ACRES of land
899	899	less and excepted from the above described 1,245.36 ac. tract and
900	900	leaving a NET ACREAGE of 1,216.27 ACRES of land.
901	901	SECTION 3. (a) The legal notice of the intention to
902	902	introduce this Act, setting forth the general substance of this
903	903	Act, has been published as provided by law, and the notice and a
904	904	copy of this Act have been furnished to all persons, agencies,
905	905	officials, or entities to which they are required to be furnished
906	906	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
907	907	Government Code.
908	908	(b) The governor, one of the required recipients, has
909	909	submitted the notice and Act to the Texas Commission on
910	910	Environmental Quality.
911	911	(c) The Texas Commission on Environmental Quality has filed
912	912	its recommendations relating to this Act with the governor, the
913	913	lieutenant governor, and the speaker of the house of
914	914	representatives within the required time.
915	915	(d) All requirements of the constitution and laws of this
916	916	state and the rules and procedures of the legislature with respect
917	917	to the notice, introduction, and passage of this Act are fulfilled
918	918	and accomplished.
919	919	SECTION 4. This Act takes effect immediately if it receives
920	920	a vote of two-thirds of all the members elected to each house, as
921	921	provided by Section 39, Article III, Texas Constitution. If this
922	922	Act does not receive the vote necessary for immediate effect, this
923	923	Act takes effect September 1, 2009.