Texas 2009 - 81st Regular

Texas House Bill HB894 Compare Versions

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11 81R4502 SLB-F
22 By: Laubenberg H.B. No. 894
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Van Alstyne Municipal Utility
88 District No. 2 of Collin County; providing authority to impose a tax
99 and issue bonds; granting a limited power of eminent domain.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1212 Code, is amended by adding Chapter 8314 to read as follows:
1313 CHAPTER 8314. VAN ALSTYNE MUNICIPAL UTILITY DISTRICT NO. 2 OF
1414 COLLIN COUNTY
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 8314.001. DEFINITIONS. In this chapter:
1717 (1) "Board" means the district's board of directors.
1818 (2) "Director" means a board member.
1919 (3) "District" means the Van Alstyne Municipal Utility
2020 District No. 2 of Collin County.
2121 Sec. 8314.002. NATURE OF DISTRICT. The district is a
2222 municipal utility district created under Section 59, Article XVI,
2323 Texas Constitution.
2424 Sec. 8314.003. CONFIRMATION AND DIRECTORS' ELECTION
2525 REQUIRED. The temporary directors shall hold an election to
2626 confirm the creation of the district and to elect five permanent
2727 directors as provided by Section 49.102, Water Code.
2828 Sec. 8314.004. CONSENT OF MUNICIPALITY REQUIRED. The
2929 temporary directors may not hold an election under Section 8314.003
3030 until each municipality in whose corporate limits or
3131 extraterritorial jurisdiction the district is located has
3232 consented by ordinance or resolution to the creation of the
3333 district and to the inclusion of land in the district.
3434 Sec. 8314.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
3535 The district is created to serve a public purpose and benefit.
3636 (b) The district is created to accomplish the purposes of:
3737 (1) a municipal utility district as provided by
3838 general law and Section 59, Article XVI, Texas Constitution; and
3939 (2) Section 52, Article III, Texas Constitution, that
4040 relate to the construction, acquisition, improvement, operation,
4141 or maintenance of macadamized, graveled, or paved roads, or
4242 improvements, including storm drainage, in aid of those roads.
4343 Sec. 8314.006. INITIAL DISTRICT TERRITORY. (a) The
4444 district is initially composed of the territory described by
4545 Section 2 of the Act creating this chapter.
4646 (b) The boundaries and field notes contained in Section 2 of
4747 the Act creating this chapter form a closure. A mistake made in the
4848 field notes or in copying the field notes in the legislative process
4949 does not affect the district's:
5050 (1) organization, existence, or validity;
5151 (2) right to issue any type of bond for the purposes
5252 for which the district is created or to pay the principal of and
5353 interest on a bond;
5454 (3) right to impose a tax; or
5555 (4) legality or operation.
5656 [Sections 8314.007-8314.050 reserved for expansion]
5757 SUBCHAPTER B. BOARD OF DIRECTORS
5858 Sec. 8314.051. GOVERNING BODY; TERMS. (a) The district is
5959 governed by a board of five elected directors.
6060 (b) Except as provided by Section 8314.052, directors serve
6161 staggered four-year terms.
6262 Sec. 8314.052. TEMPORARY DIRECTORS. (a) On or after the
6363 effective date of the Act creating this chapter, the owner or owners
6464 of a majority of the assessed value of the real property in the
6565 district may submit a petition to the Texas Commission on
6666 Environmental Quality requesting that the commission appoint as
6767 temporary directors the five persons named in the petition. The
6868 commission shall appoint as temporary directors the five persons
6969 named in the petition.
7070 (b) Temporary directors serve until the earlier of:
7171 (1) the date permanent directors are elected under
7272 Section 8314.003; or
7373 (2) the fourth anniversary of the effective date of
7474 the Act creating this chapter.
7575 (c) If permanent directors have not been elected under
7676 Section 8314.003 and the terms of the temporary directors have
7777 expired, successor temporary directors shall be appointed or
7878 reappointed as provided by Subsection (d) to serve terms that
7979 expire on the earlier of:
8080 (1) the date permanent directors are elected under
8181 Section 8314.003; or
8282 (2) the fourth anniversary of the date of the
8383 appointment or reappointment.
8484 (d) If Subsection (c) applies, the owner or owners of a
8585 majority of the assessed value of the real property in the district
8686 may submit a petition to the commission requesting that the
8787 commission appoint as successor temporary directors the five
8888 persons named in the petition. The commission shall appoint as
8989 successor temporary directors the five persons named in the
9090 petition.
9191 [Sections 8314.053-8314.100 reserved for expansion]
9292 SUBCHAPTER C. POWERS AND DUTIES
9393 Sec. 8314.101. GENERAL POWERS AND DUTIES. The district has
9494 the powers and duties necessary to accomplish the purposes for
9595 which the district is created.
9696 Sec. 8314.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9797 DUTIES. The district has the powers and duties provided by the
9898 general law of this state, including Chapters 49 and 54, Water Code,
9999 applicable to municipal utility districts created under Section 59,
100100 Article XVI, Texas Constitution.
101101 Sec. 8314.103. AUTHORITY FOR ROAD PROJECTS. Under Section
102102 52, Article III, Texas Constitution, the district may design,
103103 acquire, construct, finance, issue bonds for, improve, operate,
104104 maintain, and convey to this state, a county, or a municipality for
105105 operation and maintenance macadamized, graveled, or paved roads, or
106106 improvements, including storm drainage, in aid of those roads.
107107 Sec. 8314.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
108108 project must meet all applicable construction standards, zoning and
109109 subdivision requirements, and regulations of each municipality in
110110 whose corporate limits or extraterritorial jurisdiction the road
111111 project is located.
112112 (b) If a road project is not located in the corporate limits
113113 or extraterritorial jurisdiction of a municipality, the road
114114 project must meet all applicable construction standards,
115115 subdivision requirements, and regulations of each county in which
116116 the road project is located.
117117 (c) If the state will maintain and operate the road, the
118118 Texas Transportation Commission must approve the plans and
119119 specifications of the road project.
120120 Sec. 8314.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
121121 OR RESOLUTION. The district shall comply with all applicable
122122 requirements of any ordinance or resolution that is adopted under
123123 Section 54.016 or 54.0165, Water Code, and that consents to the
124124 creation of the district or to the inclusion of land in the
125125 district.
126126 Sec. 8314.106. LIMITATION ON USE OF EMINENT DOMAIN. The
127127 district may not exercise the power of eminent domain outside the
128128 district to acquire a site or easement for:
129129 (1) a road project authorized by Section 8314.103; or
130130 (2) a recreational facility as defined by Section
131131 49.462, Water Code.
132132 Sec. 8314.107. DIVISION OF DISTRICT. (a) The district may
133133 be divided into two or more new districts only if the district:
134134 (1) has no outstanding bonded debt; and
135135 (2) is not imposing ad valorem taxes.
136136 (b) This chapter applies to any new district created by the
137137 division of the district, and a new district has all the powers and
138138 duties of the district.
139139 (c) Any new district created by the division of the district
140140 may not, at the time the new district is created, contain any land
141141 outside the area described by Section 2 of the Act creating this
142142 chapter.
143143 (d) The board, on its own motion or on receipt of a petition
144144 signed by the owner or owners of a majority of the assessed value of
145145 the real property in the district, may adopt an order dividing the
146146 district.
147147 (e) The board may adopt an order dividing the district
148148 before or after the date the board holds an election under Section
149149 8314.003 to confirm the district's creation.
150150 (f) An order dividing the district shall:
151151 (1) name each new district;
152152 (2) include the metes and bounds description of the
153153 territory of each new district;
154154 (3) appoint temporary directors for each new district;
155155 and
156156 (4) provide for the division of assets and liabilities
157157 between or among the new districts.
158158 (g) On or before the 30th day after the date of adoption of
159159 an order dividing the district, the district shall file the order
160160 with the Texas Commission on Environmental Quality and record the
161161 order in the real property records of each county in which the
162162 district is located.
163163 (h) Any new district created by the division of the district
164164 shall hold a confirmation and directors' election as required by
165165 Section 8314.003.
166166 (i) Municipal consent to the creation of the district and to
167167 the inclusion of land in the district granted under Section
168168 8314.004 acts as municipal consent to the creation of any new
169169 district created by the division of the district and to the
170170 inclusion of land in the new district.
171171 (j) Any new district created by the division of the district
172172 must hold an election as required by this chapter to obtain voter
173173 approval before the district may impose a maintenance tax or issue
174174 bonds payable wholly or partly from ad valorem taxes.
175175 [Sections 8314.108-8314.150 reserved for expansion]
176176 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
177177 Sec. 8314.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
178178 district may issue, without an election, bonds and other
179179 obligations secured by:
180180 (1) revenue other than ad valorem taxes; or
181181 (2) contract payments described by Section 8314.153.
182182 (b) The district must hold an election in the manner
183183 provided by Chapters 49 and 54, Water Code, to obtain voter approval
184184 before the district may impose an ad valorem tax or issue bonds
185185 payable from ad valorem taxes.
186186 (c) The district may not issue bonds payable from ad valorem
187187 taxes to finance a road project unless the issuance is approved by a
188188 vote of a two-thirds majority of the district voters voting at an
189189 election held for that purpose.
190190 Sec. 8314.152. OPERATION AND MAINTENANCE TAX. (a) If
191191 authorized at an election held under Section 8314.151, the district
192192 may impose an operation and maintenance tax on taxable property in
193193 the district in accordance with Section 49.107, Water Code.
194194 (b) The board shall determine the tax rate. The rate may not
195195 exceed the rate approved at the election.
196196 Sec. 8314.153. CONTRACT TAXES. (a) In accordance with
197197 Section 49.108, Water Code, the district may impose a tax other than
198198 an operation and maintenance tax and use the revenue derived from
199199 the tax to make payments under a contract after the provisions of
200200 the contract have been approved by a majority of the district voters
201201 voting at an election held for that purpose.
202202 (b) A contract approved by the district voters may contain a
203203 provision stating that the contract may be modified or amended by
204204 the board without further voter approval.
205205 [Sections 8314.154-8314.200 reserved for expansion]
206206 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
207207 Sec. 8314.201. AUTHORITY TO ISSUE BONDS AND OTHER
208208 OBLIGATIONS. The district may issue bonds or other obligations
209209 payable wholly or partly from ad valorem taxes, impact fees,
210210 revenue, contract payments, grants, or other district money, or any
211211 combination of those sources, to pay for any authorized district
212212 purpose.
213213 Sec. 8314.202. TAXES FOR BONDS. At the time the district
214214 issues bonds payable wholly or partly from ad valorem taxes, the
215215 board shall provide for the annual imposition of a continuing
216216 direct ad valorem tax, without limit as to rate or amount, while all
217217 or part of the bonds are outstanding as required and in the manner
218218 provided by Sections 54.601 and 54.602, Water Code.
219219 Sec. 8314.203. BONDS FOR ROAD PROJECTS. At the time of
220220 issuance, the total principal amount of bonds or other obligations
221221 issued or incurred to finance road projects and payable from ad
222222 valorem taxes may not exceed one-fourth of the assessed value of the
223223 real property in the district.
224224 SECTION 2. The Van Alstyne Municipal Utility District No. 2
225225 of Collin County initially includes all the territory contained in
226226 the following area:
227227 SITUATED in the County of Collin, State of Texas, and being a
228228 part of the W. M. Creager Survey, Abstract No. 164, and being all of
229229 the 6.120 ac. tract of land (Tract 6) conveyed to Vincent Viola by
230230 W. Mark David by Special Warranty Deed dated July 30, 2001 and
231231 recorded in Volume 4987, Page 697, Deed Records, Collin County,
232232 Texas, and being more particularly described as one tract of land by
233233 metes and bounds as follows, to-wit:
234234 BEGINNING at a point in the West right-of-way line of State
235235 Highway No. 5, at the Northeast corner of said Viola Tract 6, at the
236236 Southeast corner of the property conveyed to John E. Steffens in
237237 Collin County Clerk's File No. 93-0104713;
238238 THENCE South 21 deg. 08 min. 14 sec. East, with the West
239239 right-of-way line of said State Highway No. 5, a distance of 638.77
240240 ft. to a point at the most Easterly Southeast corner of said Viola
241241 Tract 6, at the Northeast corner of the property conveyed to Tina M.
242242 Lieto;
243243 THENCE South 69 deg. 07 min. 56 sec. West, with the North line
244244 of said Lieto tract, a distance of 142.55 ft. to a point at the
245245 Northwest corner of said Lieto tract;
246246 THENCE South 20 deg. 28 min. 53 sec. East, with the West line
247247 of said Lieto tract, a distance of 300.17 ft. to a point in the North
248248 line of the property conveyed to Tim P. Heffernan in Collin County
249249 Clerk's File No. 94-0098977, at the Southwest corner of said Lieto
250250 tract, at the most Southerly Southeast corner of said Viola Tract 6;
251251 THENCE South 68 deg. 55 min. 52 sec. West, with the North line
252252 of said Heffernan tract, a distance of 377.37 ft. to a point in the
253253 East line of the property conveyed to Kerry L. Burns in Collin
254254 County Clerk's File No. 93-0091969, at the Southwest corner of said
255255 Viola Tract 6;
256256 THENCE North 01 deg. 35 min. 22 sec. East, with the East line
257257 of said Burns tract, a distance of 1,068.04 ft. to a point in the
258258 South line of said Steffens tract, at the Northeast corner of said
259259 Burns tract, at the Northwest corner of said Viola Tract 6;
260260 THENCE South 88 deg. 00 min. 01 sec. East, with the South line
261261 of said Steffens tract, a distance of 120.42 ft. to the PLACE OF
262262 BEGINNING and containing 6.12 ACRES of land.
263263 SITUATED in the County of Collin, State of Texas, and being a
264264 part of the W. M. Creager Survey, Abstract No. 164, and being all of
265265 the 27.387 ac. tract of land (Tract 7) conveyed to Vincent Viola by
266266 W. Mark David by Special Warranty Deed dated July 30, 2001 and
267267 recorded in Volume 4987, Page 697, Deed Records, Collin County,
268268 Texas, and being more particularly described as one tract of land by
269269 metes and bounds as follows, to-wit:
270270 BEGINNING at a point in the West right-of-way line of State
271271 Highway No. 5, at the Northeast corner of said Viola Tract 7, at the
272272 Southeast corner of the property conveyed to Tim P. Heffernan in
273273 Collin County Clerk's File No. 94-0098977;
274274 THENCE South 21 deg. 08 min. 14 sec. East, with the West
275275 right-of-way line of said State Highway No. 5, a distance of
276276 1,183.89 ft. to a point at the Northeast corner of the property
277277 conveyed to M. F. Darehsori in Volume 2264, Page 395, said Collin
278278 County Deed Records;
279279 THENCE North 87 deg. 58 min. 11 sec. West, with the North line
280280 of said Darehsori tract, a distance of 131.73 ft. to a point at the
281281 Northwest corner of said Darehsori tract;
282282 THENCE South 02 deg. 01 min. 49 sec. West, with the West line
283283 of said Darehsori tract, a distance of 150.00 ft. to a point at the
284284 Southwest corner of said Darehsori tract;
285285 THENCE South 87 deg. 58 min. 11 sec. East, with the South line
286286 of said Darehsori tract, a distance of 195.92 ft. to a point in the
287287 West right-of-way line of said State Highway No. 5, at the Southeast
288288 corner of said Darehsori tract;
289289 THENCE South 21 deg. 08 min. 14 sec. East, with the West
290290 right-of-way line of said State Highway No. 5, a distance of 190.49
291291 ft. to a point at the Southeast corner of said Viola Tract 7;
292292 THENCE North 87 deg. 54 min. 56 sec. West, with the South line
293293 of said Viola Tract 7, a distance of 1,216.71 ft. to a point at the
294294 Southwest corner of said Viola Tract 7;
295295 THENCE North 01 deg. 35 min. 22 sec. East, with the West line
296296 of said Viola Tract 7, a distance of 1,149.78 ft. to a point at the
297297 Northwest corner of said Viola Tract 7, at the Southwest corner of
298298 said Heffernan tract;
299299 THENCE North 69 deg. 05 min. 34 sec. East, with the South line
300300 of said Heffernan tract, a distance of 673.94 ft. to the PLACE OF
301301 BEGINNING and containing 27.39 ACRES of land.
302302 SITUATED in the County of Collin, State of Texas, and being a
303303 part of the W. M. Creager Survey, Abstract No. 164, being a part of
304304 the Hanny Nelson Survey, Abstract No. 431, and being all of the
305305 14.381 ac. tract of land (Tract 4) and 20.024 ac. tract of land
306306 (Tract 5) both conveyed to Vincent Viola by W. Mark David by Special
307307 Warranty Deed dated July 30, 2001 and recorded in Volume 4987, Page
308308 697, Deed Records, Collin County, Texas, and being more
309309 particularly described as one tract of land by metes and bounds as
310310 follows, to-wit:
311311 BEGINNING at a point in the center of Collin County Road No.
312312 290, a public road, in the East-right-of-way line of State Highway
313313 No. 5, at the Northwest corner of said Viola Tract 4;
314314 THENCE South 86 deg. 46 min. 02 sec. East, with the center of
315315 said Collin County Road No. 290 and the North line of said Viola
316316 Tract 4, a distance of 752.82 ft. to a point at the Northeast corner
317317 of said Viola Tract 4, at the Northwest corner of the property
318318 conveyed to Rollin G. Andreas in Collin County Clerk's File No.
319319 95-0024818;
320320 THENCE South 02 deg. 30 min. 46 sec. West, with the West line
321321 of said Andreas tract, a distance of 1,162.43 ft. to a point at the
322322 Southwest corner of said Andreas tract, at the most Northerly
323323 Northwest corner of said Viola Tract 5;
324324 THENCE South 88 deg. 22 min. 09 sec. East, with the South line
325325 of said Andreas tract, passing the Southeast corner of said Andreas
326326 tract and the Southwest corner of the property conveyed to Clyde L.
327327 Depew in Volume 2709, Page 88, said Collin County Deed Records, and
328328 continuing now with the South line of said Depew tract, passing the
329329 Southeast corner of said Depew tract and the Southwest corner of the
330330 property conveyed to Donald H. Topper in Volume 3139, Page 13, said
331331 Collin County Deed Records, and continuing now with the South line
332332 of said Topper tract for total distance of 1,305.31 ft. to a point
333333 at the Northeast corner of said Viola Tract 5;
334334 THENCE South 02 deg. 11 min. 51 sec. West, with the East line
335335 of said Viola Tract 5, a distance of 661.46 ft. to a point at the
336336 Southeast corner of both said Viola Tract 5 and the herein described
337337 tract, at a corner of the property conveyed to Osa W. Marshhall in
338338 Volume 756, Page 823, said Collin County Deed Records;
339339 THENCE North 87 deg. 53 min. 32 sec. West, with the South line
340340 of said Viola Tract 5 and the North line of said Marshhall tract, a
341341 distance of 1,263.76 ft. to a point in the East right-of-way line of
342342 said State Highway No. 5, at the Southwest corner of both said Viola
343343 Tract 5 and the herein described tract, at the Northwest corner of
344344 said Marshhall tract;
345345 THENCE North 21 deg. 07 min. 59 sec. West, with the East
346346 right-of-way line of said State Highway No. 5 and the West line of
347347 said Viola Tract 5, passing the most Westerly Northwest corner of
348348 said Viola Tract 5 and the Southwest corner of said Viola Tract 4
349349 and continuing now with the West line of said Viola Tract 4 for a
350350 total distance of 1,989.19 ft. to the PLACE OF BEGINNING and
351351 containing 34.40 ACRES of land.
352352 SITUATED in the County of Collin, State of Texas, and being a
353353 part of the J. C. Burge Survey, Abstract No. 106, and being a part of
354354 the 363.943 ac. tract of land (Tract 2) conveyed to Vincent Viola by
355355 W. Mark David by Special Warranty Deed dated July 30, 2001 and
356356 recorded in Volume 4987, Page 697, Deed Records, Collin County,
357357 Texas, and being more particularly described as one tract of land by
358358 metes and bounds as follows, to-wit:
359359 BEGINNING at a point at a Southwest corner of said Viola Tract
360360 2, at an Ell corner of the property conveyed to Leonard Harlow in
361361 Collin County Clerk's File No. 92-0054819, at the most Southerly
362362 Southwest corner of the herein described tract;
363363 THENCE North 00 deg. 42 min. 55 sec. East, with an East line
364364 of said Harlow tract, a distance of 1,221.14 ft. to a point at the a
365365 Northeast corner of said Harlow tract, at an Ell corner of the
366366 herein described tract;
367367 THENCE South 88 deg. 56 min. 57 sec. West, with a North line
368368 of said Harlow tract, a distance of 231.65 ft. to a point at the most
369369 Westerly Southwest corner of the herein described tract;
370370 THENCE North 27 deg. 03 min. 33 sec. West, with an East line
371371 of said Harlow tract, a distance of 80.10 ft. to a point in the
372372 center of a public road, at the most Westerly Northwest corner of
373373 the herein described tract, at a Northeast corner of said Harlow
374374 tract;
375375 THENCE Northeasterly, with the center of said public road,
376376 the following calls and distances:
377377 North 57 deg. 35 min. 20 sec. East, a distance of 87.86 ft.;
378378 North 56 deg. 56 min. 45 sec. East, a distance of 149.91 ft.;
379379 North 51 deg. 48 min. 17 sec. East, a distance of 78.22 ft.;
380380 North 36 deg. 51 min. 30 sec. East, a distance of 94.21 ft.;
381381 North 08 deg. 32 min. 03 sec. East, a distance of 105.61 ft.
382382 to a point in the South line of the Mantua Cemetery, at the most
383383 Northerly Northwest corner of the herein described tract;
384384 THENCE South 87 deg. 00 min. 45 sec. East, with the South line
385385 of said Mantua Cemetery, passing the Southeast corner of said
386386 Mantua Property and the most Southerly Southwest corner of the
387387 217.416 ac. tract of land (Tract 3) conveyed to Vincent Viola in
388388 said Volume 4987, Page 697, and continuing now with a South line of
389389 said Viola Tract 3 for a total distance of 1,046.88 ft. to a point at
390390 the Northwest corner of the property conveyed to Virginia R. Bryant
391391 in Volume 2867, Page 168, said Collin County Deed Records, at the
392392 Northeast corner of the herein described tract;
393393 THENCE South 02 deg. 45 min. 18 sec. West, with the West line
394394 of said Bryant tract, a distance of 1,638.97 ft. to a point at the
395395 Southeast corner of the herein described tract, at a Southeast
396396 corner of said Viola Tract 2;
397397 THENCE North 87 deg. 27 min. 35 sec. West, with a North line
398398 of said Bryant tract, passing a Northwest corner of said Bryant
399399 tract and the most Easterly Northeast corner of said Harlow tract
400400 and continuing now with a South line of said Harlow tract for a
401401 total distance of 1,048.38 ft. to the PLACE OF BEGINNING and
402402 containing 41.44 ACRES of land.
403403 SITUATED in the County of Collin, State of Texas, and being a
404404 part of the J. C. Burge Survey, Abstract No. 106, and being a part of
405405 the Eli Witt Survey, Abstract No. 997, and being a part of the
406406 363.943 ac. tract of land (Tract 2) conveyed to Vincent Viola by W.
407407 Mark David by Special Warranty Deed dated July 30, 2001 and recorded
408408 in Volume 4987, Page 697, Deed Records, Collin County, Texas, and
409409 being more particularly described as one tract of land by metes and
410410 bounds as follows, to-wit:
411411 BEGINNING at a point in the center of a public road, in the
412412 East right-of-way line of U. S. Highway No. 75, at the Southwest
413413 corner of said Viola Tract 2, at the Northwest corner of the
414414 property conveyed to Stephen Gaggero in Volume 2929, Page 414, said
415415 Collin County Deed Records;
416416 THENCE Northerly, with the East right-of-way line of said
417417 U. S. Highway No. 75, the following calls and distances:
418418 North 08 deg. 39 min. 30 sec. East, a distance of 14.42 ft. to
419419 an angle point;
420420 North 40 deg. 29 min. 30 sec. West, a distance of 39.23 ft. to
421421 an angle point;
422422 North 08 deg. 39 min. 30 sec. East, a distance of 66.97 ft. to
423423 an angle point;
424424 North 11 deg. 31 min. 15 sec. East, a distance of 200.20 ft.
425425 to an angle point;
426426 North 05 deg. 47 min. 46 sec. East, a distance of 200.20 ft.
427427 to an angle point;
428428 North 08 deg. 39 min. 30 sec. East, a distance of 999.74 ft.
429429 to an angle point;
430430 North 05 deg. 47 min. 46 sec. East, a distance of 400.40 ft.
431431 to an angle point;
432432 North 08 deg. 39 min. 30 sec. East, a distance of 799.79 ft.
433433 to an angle point;
434434 North 10 deg. 48 min. 22 sec. East, a distance of 800.35 ft.
435435 to an angle point;
436436 North 08 deg. 39 min. 30 sec. East, a distance of 679.13 ft.
437437 to an angle point;
438438 North 06 deg. 50 min. 30 sec. East, a distance of 740.09 ft.
439439 to an angle point;
440440 North 01 deg. 38 min. 37 sec. East, a distance of 739.74 ft.
441441 to an angle point;
442442 North 07 deg. 51 min. 29 sec. East, a distance of 265.63 ft.
443443 to an angle point;
444444 North 04 deg. 14 min. 15 sec. East, a distance of 400.40 ft.
445445 to an angle point;
446446 North 15 deg. 24 min. 41 sec. East, a distance of 206.10 ft.
447447 to an angle point;
448448 North 40 deg. 02 min. 06 sec. East, a distance of 256.06 ft.
449449 to an angle point;
450450 North 09 deg. 32 min. 30 sec. East, a distance of 135.82 ft.
451451 to an angle point;
452452 North 46 deg. 22 min. 30 sec. East, a distance of 42.42 ft. to
453453 an angle point;
454454 North 02 deg. 41 min. 47 sec. East, a distance of 39.59 ft. to
455455 an angle point;
456456 North 42 deg. 51 min. 30 sec. West, a distance of 42.42 ft. to
457457 an angle point;
458458 North 05 deg. 43 min. 30 sec. West, a distance of 166.76 ft.
459459 to an angle point;
460460 North 33 deg. 37 min. 01 sec. West, a distance of 244.07 ft.
461461 to an angle point;
462462 North 05 deg. 45 min. 00 sec. West, a distance of 403.01 ft.
463463 to an angle point;
464464 North 09 deg. 56 min. 05 sec. West, a distance of 203.91 ft.
465465 to an angle point;
466466 North 01 deg. 22 min. 30 sec. East, a distance of 513.55 ft.
467467 to an angle point;
468468 North 45 deg. 48 min. 30 sec. East, a distance of 42.85 ft. to
469469 an angle point;
470470 North 01 deg. 22 min. 30 sec. East, a distance of 26.10 ft. to
471471 a point at the intersection of the East right-of-way line of said
472472 U. S. Highway No. 75 with the center of a public road from the East,
473473 at the Northwest corner of the herein described tract;
474474 THENCE North 89 deg. 26 min. 08 sec. East, with the center of
475475 said public road, a distance of 492.32 ft. to a point at the most
476476 Northerly Northeast corner of the herein described tract, at the
477477 most Westerly Northwest corner of the property conveyed to Leonard
478478 Harlow in Collin County Clerk's File No. 92-0054819;
479479 THENCE South 00 deg. 05 min. 12 sec. West, with a West line of
480480 said Harlow tract, a distance of 1,603.33 ft. to a point at the
481481 centerline intersection of said public road with the center of
482482 Mantua Road, a public road, at the most Westerly Southwest corner of
483483 said Harlow tract;
484484 THENCE South 88 deg. 26 min. 29 sec. East, with the center of
485485 said Mantua Road and with a South line of said Harlow tract, a
486486 distance of 759.59 ft. to a point at an Ell corner of said Harlow
487487 tract;
488488 THENCE South 02 deg. 15 min. 21 sec. West, with a West line of
489489 said Harlow tract, passing the most Southerly Southwest corner of
490490 said Harlow tract and the Northwest corner of the property conveyed
491491 to R. E. Lindsey in Volume 986, Page 629, said Collin County Deed
492492 Records, and continuing now with the West line of said R. E. Lindsey
493493 tract for a total distance of 2,235.00 ft. to a point in the North
494494 line of the property conveyed to Arlie E. Lindsey in Volume 989,
495495 Page 400, said Collin County Deed Records, at the Southwest corner
496496 of said R. E. Lindsey tract, at the most Easterly Southeast corner
497497 of the herein described tract;
498498 THENCE North 85 deg. 49 min. 25 sec. West, with the North line
499499 of said Arlie E. Lindsey tract, a distance of 774.86 ft. to a point
500500 at the Northwest corner of said Arlie E. Lindsey tract;
501501 THENCE South 00 deg. 29 min. 03 sec. West, with the West line
502502 of said Arlie E. Lindsey tract, passing the Southwest corner of said
503503 Arlie E. Lindsey tract and the Northwest corner of the property
504504 conveyed to Leonard Harlow in Volume 2408, Page 323, said Collin
505505 County Deed Records, and continuing now with the West line of said
506506 Harlow tract for a total distance of 4,656.81 ft. to a point at the
507507 most Southerly Southeast corner of said Viola Tract 2 and the herein
508508 described tract, at the Northeast corner of said Gaggero tract;
509509 THENCE North 89 deg. 50 min. 05 sec. West, with the North line
510510 of said Gaggero tract, entering the pavement of a public road, and
511511 continuing now with the center of said road for a total distance of
512512 748.48 ft. to an angle point;
513513 THENCE North 89 deg. 27 min. 33 sec. West, continuing with the
514514 center of said public road and the North line of said Gaggero tract,
515515 a distance of 448.56 ft. to the PLACE OF BEGINNING and containing
516516 177.70 ACRES of land.
517517 SITUATED in the County of Collin, State of Texas, and being a
518518 part of the Hanny Nelson Survey, Abstract No. 431, and being a part
519519 of the J. C. Burge Survey, Abstract No. 106, and being a part of the
520520 W. M. Creager Survey, Abstract No. 164, and being a part of the
521521 363.943 ac. tract of land (Tract 2) and all of the 217.416 ac. tract
522522 of land (Tract 3), both conveyed to Vincent Viola by W. Mark David
523523 by Special Warranty Deed dated July 30, 2001 and recorded in Volume
524524 4987, Page 697, Deed Records, Collin County, Texas, and being more
525525 particularly described as one tract of land by metes and bounds as
526526 follows, to-wit:
527527 BEGINNING at a point in East right-of-way line of U. S.
528528 Highway No. 75, in the center of Collin County Road No. 290, at the
529529 most Northerly Northwest corner of said Viola Tract 2;
530530 THENCE South 87 deg. 47 min. 57 sec. East, with the center of
531531 said Collin County Road No. 290, a distance of 677.09 ft. to a point
532532 at the Northeast corner of said Viola Tract 2, at the Northwest
533533 corner of said Viola Tract 3;
534534 THENCE South 88 deg. 25 min. 32 sec. East, continuing with the
535535 center of said Collin County Road No. 290, a distance of 447.93 ft.
536536 to a point at the Northwest corner of the property conveyed to Jim
537537 Lawrence in Volume 1498, Page 563, said Collin County Deed Records;
538538 THENCE South 01 deg. 54 min. 14 sec. West, with the West line
539539 of said Lawrence tract, a distance of 599.97 ft. to a point at the
540540 Southwest corner of said Lawrence tract;
541541 THENCE South 88 deg. 12 min. 30 sec. East, with the South line
542542 of said Lawrence tract, a distance of 579.90 ft. to a point at the
543543 Southeast corner of said Lawrence tract;
544544 THENCE North 01 deg. 58 min. 08 sec. East, with the East line
545545 of said Lawrence tract, a distance of 602.17 ft. to a point in the
546546 center of said Collin County Road No. 290, at the Northeast corner
547547 of said Lawrence tract;
548548 THENCE South 88 deg. 25 min. 32 sec. East, with the center of
549549 said Collin County Road No. 290, passing the most Westerly
550550 Southwest corner of the property conveyed to Tucker B. McDonald in
551551 Collin County Clerk's File No. 94-0053961, and continuing now with
552552 a South line of said McDonald tract for a total distance of 815.54
553553 ft. to a point at a Northeast corner of said Viola Tract 3, at an Ell
554554 corner of said McDonald tract;
555555 THENCE South 01 deg. 55 min. 23 sec. West, with a West line of
556556 said McDonald tract, a distance of 144.12 ft. to a point at the
557557 Southwest corner of said McDonald tract;
558558 THENCE South 88 deg. 09 min. 09 sec. East, with a South line
559559 of said McDonald tract, passing the Southeast corner of said
560560 McDonald tract and a Southwest corner of the property conveyed to
561561 Forrest W. Moore in Volume 1799, Page 804, said Collin County Deed
562562 Records, and continuing now with a South line of said Moore tract
563563 for a total distance of 1,372.74 ft. to a point in West right-of-way
564564 line of State Highway No. 5, at the Northeast corner of both said
565565 Viola Tract 3 and the herein described tract;
566566 THENCE South 21 deg. 08 min. 14 sec. East, with the West
567567 right-of-way line of said State Highway No. 5, a distance of
568568 1,357.58 ft. to a point at the most Easterly Southeast corner of
569569 both said Viola Tract 3 and the herein described tract, at the
570570 Northeast corner of the property conveyed to John E. Steffens in
571571 Collin County Clerk's File No. 93-0104713;
572572 THENCE North 87 deg. 57 min. 15 sec. West, with the North line
573573 of said Steffens tract, a distance of 701.67 ft. to a point at the
574574 Northwest corner of said Steffens tract;
575575 THENCE South 00 deg. 32 min. 52 sec. East, with the West line
576576 of said Steffens tract, a distance of 185.54 ft. to a point in the
577577 North line of the property conveyed to Ann Marie Forlenza in Collin
578578 County Clerk's File No. 96-0016528, at the Southwest corner of said
579579 Steffens tract;
580580 THENCE North 88 deg. 15 min. 56 sec. West, with the North line
581581 of said Forlenza tract, passing the Northwest corner of said
582582 Forlenza tract and the Northeast corner of Anna 103, an Addition to
583583 Collin County, Texas, as recorded in the Collin County Plat
584584 Records, a distance of 219.14 ft. to an angle point in the North
585585 line of said Anna 103 Addition;
586586 THENCE North 88 deg. 54 min. 31 sec. West, continuing with the
587587 North line of said Anna 103 Addition, a distance of 802.35 ft. to a
588588 point at the Northwest corner of said Anna 103 Addition;
589589 THENCE South 02 deg. 22 min. 42 sec. West, with the West line
590590 of said Anna 103 Addition, a distance of 2,263.74 ft. to a point at
591591 the Northeast corner of the property conveyed to Ronald Larue in
592592 Volume 1697, Page 57, said Collin County Deed Records;
593593 THENCE North 83 deg. 28 min. 52 sec. West, with the North line
594594 of said Larue tract, a distance of 386.62 ft. to a point at the
595595 Northwest corner of said Larue tract;
596596 THENCE South 02 deg. 22 min. 41 sec. West, with the West line
597597 of said Larue tract, a distance of 335.53 ft. to a point in the North
598598 line of the property conveyed to Virginia R. Bryant in Volume 2867,
599599 Page 168, said Collin County Deed Records, at the Southwest corner
600600 of said Larue tract;
601601 THENCE North 86 deg. 56 min. 09 sec. West, with the North line
602602 of said Bryant tract, a distance of 474.85 ft. to a point at the
603603 Northwest corner of said Bryant tract;
604604 THENCE North 87 deg. 00 min. 45 sec. West, a distance of
605605 597.94 ft. to a point at the Southeast corner of the Mantua
606606 Cemetery;
607607 THENCE North 01 deg. 35 min. 32 sec. East, with the East line
608608 of said Mantua Cemetery, a distance of 372.22 ft. to a point at the
609609 Northeast corner of said Mantua Cemetery;
610610 THENCE South 54 deg. 09 min. 25 sec. West, with the North line
611611 of said Mantua Cemetery, a distance of 319.95 ft. to an angle point;
612612 THENCE North 40 deg. 29 min. 38 sec. West, continuing with the
613613 North line of said Mantua Cemetery, a distance of 134.58 ft. to an
614614 angle point;
615615 THENCE South 81 deg. 54 min. 46 sec. West, continuing with the
616616 North line of said Mantua Cemetery, a distance of 60.47 ft. to an
617617 angle point;
618618 THENCE South 20 deg. 08 min. 34 sec. West, continuing with the
619619 North line of said Mantua Cemetery, a distance of 155.17 ft. to an
620620 angle point;
621621 THENCE South 69 deg. 37 min. 57 sec. West, continuing with the
622622 North line of said Mantua Cemetery, a distance of 17.16 ft. to a
623623 point in the center of a public road, at the Northwest corner of
624624 said Mantua Cemetery;
625625 THENCE South 03 deg. 13 min. 52 sec. West, with the West line
626626 of said Mantua Cemetery, a distance of 102.46 ft. to a point at the
627627 Southwest corner of said Mantua Cemetery;
628628 THENCE South 87 deg. 00 min. 45 sec. East, with the South line
629629 of said Mantua Cemetery, a distance of 23.27 ft. to a point in the
630630 center of said public road;
631631 THENCE South 08 deg. 32 min. 03 sec. West, with the center of
632632 said public road, a distance of 105.61 ft. to an angle point;
633633 THENCE South 36 deg. 51 min. 30 sec. West, continuing with the
634634 center of said public road, a distance of 94.21 ft. to an angle
635635 point;
636636 THENCE South 51 deg. 48 min. 17 sec. West, continuing with the
637637 center of said public road, a distance of 78.22 ft. to an angle
638638 point;
639639 THENCE South 56 deg. 56 min. 45 sec. West, continuing with the
640640 center of said public road, a distance of 149.91 ft. to an angle
641641 point;
642642 THENCE South 57 deg. 35 min. 20 sec. West, continuing with the
643643 center of said public road, a distance of 87.86 ft. to a point at the
644644 most Northerly Northeast corner of the property conveyed to Leonard
645645 Harlow in Collin County Clerk's File No. 92-0054819;
646646 THENCE South 72 deg. 58 min. 34 sec. West, with a North line
647647 of said Harlow tract, a distance of 246.79 ft. to a point at the most
648648 Northerly Northwest corner of said Harlow tract;
649649 THENCE South 01 deg. 36 min. 58 sec. West, with a West line of
650650 said Harlow tract, a distance of 398.78 ft. to an angle point;
651651 THENCE South 21 deg. 05 min. 34 sec. West, with a North line
652652 of said Harlow tract, a distance of 82.04 ft. to a point at an Ell
653653 corner of said Harlow tract;
654654 THENCE North 87 deg. 34 min. 30 sec. West, continuing with a
655655 North line of said Harlow tract, entering the centerline of said
656656 public road and continuing for a distance of 233.21 ft. to a point
657657 at the most Westerly Northwest corner of said Harlow tract;
658658 THENCE South 89 deg. 26 min. 08 sec. West, with the center of
659659 said public road, a distance of 492.32 ft. to a point at the
660660 intersection of the center of said public road with the East
661661 right-of-way line of said U. S. Highway No. 75;
662662 THENCE Northerly, with the East right-of-way line of U. S.
663663 Highway No. 75, the following calls and distances:
664664 North 01 deg. 22 min. 30 sec. East, a distance of 26.10 ft. to
665665 an angle point;
666666 North 44 deg. 23 min. 30 sec. West, a distance of 41.84 ft. to
667667 an angle point;
668668 North 01 deg. 22 min. 30 sec. East, a distance of 774.10 ft.
669669 to an angle point;
670670 North 04 deg. 20 min. 30 sec. West, a distance of 200.95 ft.
671671 to an angle point;
672672 North 01 deg. 22 min. 30 sec. East, a distance of 199.95 ft.
673673 to an angle point;
674674 North 04 deg. 14 min. 15 sec. East, a distance of 200.20 ft.
675675 to an angle point;
676676 North 07 deg. 05 min. 08 sec. East, a distance of 200.95 ft.
677677 to an angle point;
678678 North 01 deg. 22 min. 30 sec. East, a distance of 199.95 ft.
679679 to an angle point;
680680 North 04 deg. 20 min. 08 sec. West, a distance of 200.95 ft.
681681 to an angle point;
682682 North 00 deg. 03 min. 25 sec. West, a distance of 400.02 ft.
683683 to an angle point;
684684 North 09 deg. 54 min. 21 sec. East, a distance of 202.18 ft.
685685 to an angle point;
686686 North 07 deg. 09 min. 20 sec. West, a distance of 202.18 ft.
687687 to an angle point;
688688 North 00 deg. 32 min. 03 sec. West, a distance of 600.18 ft.
689689 to an angle point;
690690 North 04 deg. 57 min. 05 sec. East, a distance of 400.68 ft.
691691 to an angle point;
692692 North 07 deg. 05 min. 08 sec. East, a distance of 401.89 ft.
693693 to an angle point;
694694 North 01 deg. 22 min. 31 sec. East, a distance of 159.31 ft.
695695 to a point at the beginning of a curve;
696696 Northerly, with a curve to the left having a radius of
697697 11,681.11 ft. and a central angle of 02 deg. 16 min. 07 sec. (chord
698698 bears North 00 deg. 14 min. 28 sec. East, 462.48 ft.), an arc
699699 distance of 462.51 ft. to a point at the end of said curve;
700700 North 49 deg. 37 min. 30 sec. East, a distance of 43.80 ft. to
701701 an angle point;
702702 South 88 deg. 06 min. 30 sec. East, a distance of 479.87 ft.
703703 to an angle point;
704704 North 24 deg. 52 min. 30 sec. East, a distance of 179.23 ft.
705705 to an angle point;
706706 North 01 deg. 41 min. 57 sec. East, a distance of 18.13 ft. to
707707 the PLACE OF BEGINNING and containing 362.23 ACRES of land.
708708 SITUATED in the County of Collin, State of Texas, and being a
709709 part of the following Surveys: the Jonas Whitaker Survey, Abstract
710710 No. 981, the P. Burns Survey, Abstract No. 100, and the J. Batterman
711711 Survey, Abstract No. 94, the Zach Roberts Survey, Abstract No. 760,
712712 and the Henry Smith Survey, Abstract No. 822, and being a part of
713713 the 1232.837 ac. tract of land conveyed to Vincent Viola by W. Mark
714714 David by Special Warranty Deed dated July 30, 2001 and recorded in
715715 Volume 4987, Page 726, Deed Records, Collin County, Texas, and
716716 being all of the 22.597 ac. tract of land (Tract 2) conveyed to
717717 Vincent J. Viola by Don S. Flesher by Warranty Deed dated September
718718 10, 2004 and recorded in Volume 5766, Page 6210, said Collin County
719719 Deed Records, and being all of the 57.24 ac. tract of land conveyed
720720 to Vincent J. Viola by Jack R. Shirley, Trustee of the Shirley
721721 Living Trust by Warranty Deed with Vendor's Lien dated February 26,
722722 2004 and recorded in Volume 5616, Page 5706, said Collin County Deed
723723 Records, and being more particularly described as one tract of land
724724 by metes and bounds as follows, to-wit:
725725 BEGINNING at a 1/2 inch rebar found at the Southwest corner of
726726 said Viola 57.24 ac., at the most Southerly Southeast corner of the
727727 133.814 ac. tract of land conveyed to Vincent J. Viola in Volume
728728 5642, Page 1395, said Collin County Deed Records;
729729 THENCE North 00 deg. 16 min. 20 sec. East, with the West line
730730 of said Viola 57.24 ac., a distance of 1,686.94 ft. to a 1/2 inch
731731 rebar found at the Northwest corner of said Viola 57.24 ac., at an
732732 Ell corner of said Viola 133.814 ac.;
733733 THENCE North 89 deg. 26 min. 03 sec. East, with the North line
734734 of said Viola 57.24 ac., entering the pavement of Collin County Road
735735 No. 290 and continuing now with the center of said Collin County
736736 Road No. 290 for a total distance of 772.79 ft. to a 1/2 inch rebar
737737 found at the most Easterly Southeast corner of said Viola 133.814
738738 ac., at the Northeast corner of said;
739739 THENCE South 00 deg. 15 min. 47 sec. East, with the East line
740740 of said Viola 57.24 ac., a distance of 190.12 ft. to a point in the
741741 center of a creek;
742742 THENCE Southerly, with the center of a creek, maintaining the
743743 East line of said Viola 57.24 ac., the following calls and
744744 distances:
745745 South 79 deg. 06 min. 47 sec. East, a distance of 36.06 ft.;
746746 South 49 deg. 26 min. 47 sec. East, a distance of 135.00 ft.;
747747 North 85 deg. 33 min. 13 sec. East, a distance of 98.00 ft.;
748748 South 39 deg. 36 min. 47 sec. East, a distance of 85.00 ft.;
749749 South 79 deg. 46 min. 47 sec. East, a distance of 83.00 ft.;
750750 South 41 deg. 03 min. 47 sec. East, a distance of 39.00 ft.;
751751 South 69 deg. 26 min. 47 sec. East, a distance of 38.00 ft.;
752752 North 63 deg. 33 min. 13 sec. East, a distance of 62.00 ft.;
753753 North 69 deg. 01 min. 13 sec. East, a distance of 131.30 ft.;
754754 South 60 deg. 26 min. 47 sec. East, a distance of 100.00 ft.;
755755 South 55 deg. 26 min. 47 sec. East, a distance of 100.00 ft.;
756756 North 69 deg. 33 min. 13 sec. East, a distance of 40.00 ft.;
757757 South 73 deg. 26 min. 47 sec. East, a distance of 25.00 ft.;
758758 South 24 deg. 26 min. 47 sec. East, a distance of 67.30 ft.;
759759 South 79 deg. 26 min. 47 sec. East, a distance of 25.00 ft.;
760760 South 59 deg. 26 min. 47 sec. East, a distance of 50.00 ft.;
761761 South 85 deg. 26 min. 47 sec. East, a distance of 27.00 ft.;
762762 South 56 deg. 59 min. 47 sec. East, a distance of 27.30 ft.;
763763 South 08 deg. 52 min. 47 sec. East, a distance of 71.20 ft.;
764764 South 81 deg. 12 min. 13 sec. West, a distance of 33.40 ft.;
765765 South 06 deg. 27 min. 47 sec. East, a distance of 118.00 ft.;
766766 South 11 deg. 37 min. 47 sec. East, a distance of 36.70 ft.;
767767 South 59 deg. 18 min. 13 sec. West, a distance of 79.60 ft.;
768768 North 85 deg. 26 min. 47 sec. West, a distance of 56.00 ft.;
769769 South 04 deg. 33 min. 13 sec. West, a distance of 22.00 ft.;
770770 South 57 deg. 45 min. 47 sec. East, a distance of 68.90 ft.;
771771 South 80 deg. 16 min. 13 sec. West, a distance of 56.70 ft.;
772772 South 19 deg. 24 min. 47 sec. East, a distance of 39.40 ft.;
773773 North 80 deg. 06 min. 47 sec. West, a distance of 80.30 ft.;
774774 South 09 deg. 02 min. 13 sec. West, a distance of 63.40 ft.;
775775 South 07 deg. 15 min. 47 sec. East, a distance of 69.40 ft.;
776776 South 35 deg. 13 min. 47 sec. East, a distance of 52.00 ft.;
777777 South 83 deg. 32 min. 13 sec. West, a distance of 59.60 ft.;
778778 South 20 deg. 33 min. 13 sec. West, a distance of 73.00 ft.;
779779 South 37 deg. 03 min. 47 sec. East, a distance of 47.00 ft.;
780780 North 53 deg. 01 min. 13 sec. East, a distance of 94.80 ft.;
781781 South 85 deg. 26 min. 47 sec. East, a distance of 18.70 ft.;
782782 South 42 deg. 14 min. 13 sec. West, a distance of 36.10 ft.;
783783 South 05 deg. 06 min. 47 sec. East, a distance of 93.90 ft.;
784784 South 03 deg. 45 min. 47 sec. East, a distance of 143.20 ft.;
785785 South 51 deg. 56 min. 13 sec. West, a distance of 33.30 ft.;
786786 South 12 deg. 51 min. 13 sec. West, a distance of 50.20 ft.;
787787 South 29 deg. 57 min. 47 sec. East, a distance of 69.80 ft.;
788788 South 01 deg. 15 min. 47 sec. East, a distance of 68.50 ft.;
789789 South 62 deg. 19 min. 47 sec. East, a distance of 35.90 ft.;
790790 South 47 deg. 33 min. 13 sec. West, a distance of 60.10 ft.;
791791 South 38 deg. 38 min. 13 sec. West, a distance of 41.00 ft.;
792792 South 13 deg. 43 min. 13 sec. West, a distance of 28.30 ft. to
793793 a point in the South line of said Burns Survey, in the North line of
794794 said Roberts Survey, at the Southeast corner of said Viola 57.24
795795 ac.;
796796 THENCE North 87 deg. 53 min. 41 sec. East, with the South line
797797 of said Burns Survey and the North line of said Roberts Survey, a
798798 distance of 1,044.91 ft. to a point;
799799 THENCE North 05 deg. 00 min. 01 sec. West, a distance of
800800 601.89 ft. to a point;
801801 THENCE North 33 deg. 30 min. 28 sec. East, a distance of
802802 476.03 ft. to a point;
803803 THENCE North 58 deg. 43 min. 50 sec. East, a distance of
804804 352.20 ft. to a point;
805805 THENCE North 61 deg. 29 min. 44 sec. East, a distance of
806806 423.81 ft. to a point in the East line of said Burns Survey, in the
807807 West line of said Whitaker Survey;
808808 THENCE North 00 deg. 41 min. 31 sec. West, with the East line
809809 of said Burns Survey and the West line of said Whitaker Survey, a
810810 distance of 1,495.74 ft. to a point in the center of said Collin
811811 County Road No. 290;
812812 THENCE North 51 deg. 14 min. 09 sec. East, with the center of
813813 said Collin County Road No. 290, a distance of 159.23 ft. to a point
814814 at the intersection of said Collin County Road No. 290 with Collin
815815 County Road No. 372;
816816 THENCE Easterly, with the center of said Collin County Road
817817 No. 372, the following calls and distances:
818818 North 60 deg. 43 min. 16 sec. East, a distance of 129.67 ft.;
819819 North 82 deg. 17 min. 34 sec. East, a distance of 143.98 ft.;
820820 South 81 deg. 39 min. 08 sec. East, a distance of 527.44 ft.;
821821 South 85 deg. 18 min. 09 sec. East, a distance of 68.25 ft.;
822822 North 83 deg. 05 min. 09 sec. East, a distance of 72.42 ft.;
823823 North 75 deg. 45 min. 15 sec. East, a distance of 103.51 ft.;
824824 South 89 deg. 56 min. 56 sec. East, a distance of 69.12 ft.;
825825 South 67 deg. 57 min. 27 sec. East, a distance of 71.26 ft.;
826826 South 60 deg. 49 min. 08 sec. East, a distance of 186.54 ft.;
827827 South 68 deg. 03 min. 52 sec. East, a distance of 396.07 ft.;
828828 South 83 deg. 28 min. 02 sec. East, a distance of 100.14 ft.;
829829 North 55 deg. 13 min. 57 sec. East, a distance of 89.72 ft.;
830830 North 37 deg. 10 min. 57 sec. East, a distance of 265.16 ft.;
831831 North 33 deg. 28 min. 27 sec. East, a distance of 305.00 ft.;
832832 North 48 deg. 48 min. 29 sec. East, a distance of 93.49 ft.;
833833 South 86 deg. 57 min. 36 sec. East, a distance of 96.84 ft.;
834834 South 69 deg. 12 min. 09 sec. East, a distance of 184.29 ft.;
835835 South 66 deg. 03 min. 55 sec. East, a distance of 186.27 ft.;
836836 South 74 deg. 09 min. 11 sec. East, a distance of 54.65 ft.;
837837 South 87 deg. 30 min. 14 sec. East, a distance of 53.25 ft.;
838838 North 86 deg. 10 min. 45 sec. East, a distance of 143.79 ft.;
839839 North 89 deg. 42 min. 59 sec. East, a distance of 353.70 ft.
840840 to a point at the intersection of the centerline of said Collin
841841 County Road No. 372 with the West right-of-way line of U. S. Highway
842842 No. 75;
843843 THENCE Southerly, with the West right-of-way line of said
844844 U. S. Highway No. 75, the following calls and distances:
845845 South 01 deg. 22 min. 30 sec. West, a distance of 24.40 ft.;
846846 South 44 deg. 11 min. 30 sec. East, a distance of 41.99 ft.;
847847 South 01 deg. 22 min. 30 sec. West, a distance of 106.12 ft.;
848848 South 07 deg. 05 min. 08 sec. West, a distance of 200.95 ft.;
849849 South 09 deg. 54 min. 21 sec. West, a distance of 202.18 ft.;
850850 South 07 deg. 09 min. 20 sec. East, a distance of 202.18 ft.;
851851 South 04 deg. 14 min. 15 sec. West, a distance of 400.39 ft.;
852852 South 27 deg. 51 min. 36 sec. West, a distance of 428.42 ft.;
853853 North 87 deg. 12 min. 30 sec. West, a distance of 26.99 ft.;
854854 South 02 deg. 47 min. 30 sec. West, a distance of 99.97 ft.;
855855 South 87 deg. 12 min. 30 sec. East, a distance of 76.98 ft.;
856856 South 18 deg. 26 min. 30 sec. East, a distance of 334.99 ft.;
857857 South 04 deg. 20 min. 08 sec. East, a distance of 200.95 ft.;
858858 South 07 deg. 09 min. 20 sec. East, a distance of 202.18 ft.;
859859 South 02 deg. 19 min. 27 sec. East, a distance of 464.85 ft.;
860860 South 03 deg. 11 min. 45 sec. West, a distance of 716.58 ft.;
861861 South 06 deg. 50 min. 15 sec. West, a distance of 716.60 ft.;
862862 South 09 deg. 51 min. 13 sec. West, a distance of 479.28 ft.;
863863 South 08 deg. 39 min. 30 sec. West, a distance of 199.95 ft.;
864864 South 05 deg. 47 min. 46 sec. West, a distance of 200.20 ft.;
865865 South 08 deg. 39 min. 30 sec. West, a distance of 357.82 ft.;
866866 North 88 deg. 16 min. 26 sec. West, a distance of 63.63 ft.;
867867 South 01 deg. 55 min. 30 sec. West, a distance of 287.46 ft.;
868868 North 89 deg. 33 min. 30 sec. West, a distance of 67.70 ft.;
869869 South 00 deg. 26 min. 30 sec. West, a distance of 69.98 ft.;
870870 South 89 deg. 33 min. 30 sec. East, a distance of 39.99 ft.;
871871 South 44 deg. 07 min. 30 sec. East, a distance of 58.87 ft.;
872872 South 08 deg. 39 min. 30 sec. West, a distance of 2,558.67
873873 ft.;
874874 South 49 deg. 30 min. 30 sec. West, a distance of 45.38 ft.;
875875 South 08 deg. 39 min. 30 sec. West, a distance of 15.84 ft. to
876876 a point at the Southeast corner of the herein described tract, at
877877 the Northeast corner of the property conveyed to LMB Corporation in
878878 Volume 2600, Page 302, said Collin County Deed Records;
879879 THENCE North 89 deg. 48 min. 50 sec. West, with the North line
880880 of said LMB Corporation tract, a distance of 641.87 ft. to an angle
881881 point;
882882 THENCE South 89 deg. 39 min. 22 sec. West, continuing with the
883883 North line of said LMB Corporation tract, a distance of 375.17 ft.
884884 to a point at the Northwest corner of said LMB Corporation tract, at
885885 the Southeast corner of the property conveyed to William A. Taylor
886886 in Collin County Clerk's File No. 96-0003487;
887887 THENCE North 00 deg. 11 min. 27 sec. West, with the East line
888888 of said Taylor tract, passing the Northeast corner of said Taylor
889889 tract, passing the Southeast corner of Lot 1 of the unrecorded plat
890890 of Hurricane Creek Estates, a distance of 2,021.62 ft. to a point at
891891 the Northeast corner of said Lot 1;
892892 THENCE South 81 deg. 47 min. 32 sec. West, with the North line
893893 of said Lot 1, a distance of 212.49 ft. to a point at the Northwest
894894 corner of said Lot 1, at the Northeast corner of Lot 2, said
895895 Hurricane Creek Estates;
896896 THENCE South 81 deg. 59 min. 05 sec. West, with the North line
897897 of said Lot 2, a distance of 212.39 ft. to a point at the Northwest
898898 corner of said Lot 2, at the Northeast corner of Lot 3, said
899899 Hurricane Creek Estates;
900900 THENCE South 80 deg. 54 min. 23 sec. West, with the North line
901901 of said Lot 3, a distance of 215.41 ft. to a point at the Northwest
902902 corner of said Lot 3, at the Northeast corner of Lot 4, said
903903 Hurricane Creek Estates;
904904 THENCE South 81 deg. 15 min. 20 sec. West, with the North line
905905 of said Lot 4, a distance of 212.27 ft. to a point at the Northwest
906906 corner of said Lot 4, at the Northeast corner of Lot 5, said
907907 Hurricane Creek Estates;
908908 THENCE South 81 deg. 25 min. 52 sec. West, with the North line
909909 of said Lot 5, a distance of 219.67 ft. to a point in the East line
910910 of Lot 7, said Hurricane Creek Estates, at the Northwest corner of
911911 said Lot 5;
912912 THENCE North 00 deg. 19 min. 42 sec. East, with the East line
913913 of said Lot 7, a distance of 95.63 ft. to a point at the Northeast
914914 corner of said Lot 7, at the Southeast corner of Lot 8, said
915915 Hurricane Creek Estates;
916916 THENCE North 01 deg. 59 min. 02 sec. East, with the East line
917917 of said Lot 8, a distance of 242.11 ft. to a point at the Northeast
918918 corner of said Lot 8, at the Southeast corner of Lot 9, said
919919 Hurricane Creek Estates;
920920 THENCE North 01 deg. 26 min. 32 sec. East, with the East line
921921 of said Lot 9, passing the Northeast corner of said Lot 9 and the
922922 Southeast corner of Lot 10, said Hurricane Creek Estates and
923923 continuing now with the East line of said Lot 10 for a total
924924 distance of 264.53 ft. to an angle point;
925925 THENCE North 02 deg. 07 min. 27 sec. East, continuing with the
926926 East line of said Lot 10, a distance of 76.53 ft. to an angle point;
927927 THENCE North 05 deg. 53 min. 45 sec. East, continuing with the
928928 East line of said Lot 10, a distance of 99.39 ft. to a point at the
929929 Northeast corner of said Lot 10;
930930 THENCE North 89 deg. 09 min. 36 sec. West, with the North line
931931 of said Lot 10, a distance of 50.81 ft. to a point at a corner of the
932932 Grayson/Collin Recreation property;
933933 THENCE Northerly, Westerly, then Southerly, in a general
934934 counter-clockwise direction, with the boundary of said
935935 Grayson/Collin Recreation property, the following calls and
936936 distances
937937 North 18 deg. 40 min. 53 sec. East, a distance of 782.69 ft.
938938 to an angle point;
939939 North 24 deg. 01 min. 40 sec. East, a distance of 425.00 ft.
940940 to an angle point;
941941 North 21 deg. 12 min. 27 sec. West, a distance of 763.11 ft.
942942 to an angle point;
943943 North 11 deg. 25 min. 16 sec. West, a distance of 689.57 ft.
944944 to an angle point;
945945 North 36 deg. 46 min. 51 sec. East, a distance of 668.72 ft.
946946 to an angle point;
947947 North 04 deg. 15 min. 15 sec. East, a distance of 278.77 ft.
948948 to an angle point;
949949 South 59 deg. 28 min. 23 sec. East, a distance of 753.01 ft.
950950 to an angle point;
951951 South 37 deg. 01 min. 31 sec. East, a distance of 416.57 ft.
952952 to an angle point;
953953 South 26 deg. 08 min. 22 sec. East, a distance of 391.77 ft.
954954 to an angle point;
955955 North 72 deg. 04 min. 24 sec. East, a distance of 174.68 ft.
956956 to an angle point;
957957 North 69 deg. 06 min. 40 sec. East, a distance of 280.00 ft.
958958 to an angle point;
959959 North 17 deg. 17 min. 12 sec. East, a distance of 627.74 ft.
960960 to an angle point;
961961 North 42 deg. 52 min. 58 sec. West, a distance of 1,121.60 ft.
962962 to an angle point;
963963 North 65 deg. 20 min. 30 sec. West, a distance of 1,304.60 ft.
964964 to an angle point;
965965 South 34 deg. 34 min. 30 sec. West, a distance of 226.70 ft.
966966 to an angle point;
967967 South 73 deg. 06 min. 30 sec. East, a distance of 245.50 ft.
968968 to an angle point;
969969 South 18 deg. 33 min. 30 sec. West, a distance of 193.00 ft.
970970 to an angle point;
971971 North 33 deg. 37 min. 30 sec. West, a distance of 217.30 ft.
972972 to an angle point;
973973 South 86 deg. 13 min. 51 sec. West, a distance of 373.95 ft.
974974 to an angle point;
975975 South 13 deg. 46 min. 30 sec. West, a distance of 179.10 ft.
976976 to an angle point;
977977 South 66 deg. 50 min. 30 sec. West, a distance of 239.90 ft.
978978 to an angle point;
979979 South 04 deg. 40 min. 30 sec. East, a distance of 345.00 ft.
980980 to an angle point;
981981 North 27 deg. 41 min. 30 sec. West, a distance of 321.88 ft.
982982 to an angle point;
983983 South 58 deg. 53 min. 30 sec. West, a distance of 257.60 ft.
984984 to an angle point;
985985 South 20 deg. 16 min. 30 sec. West, a distance of 293.60 ft.
986986 to an angle point;
987987 South 43 deg. 07 min. 30 sec. West, a distance of 284.60 ft.
988988 to an angle point;
989989 South 03 deg. 01 min. 30 sec. West, a distance of 401.00 ft.
990990 to an angle point;
991991 South 31 deg. 50 min. 30 sec. East, a distance of 423.30 ft.
992992 to an angle point;
993993 South 12 deg. 55 min. 30 sec. West, a distance of 265.80 ft.
994994 to an angle point;
995995 South 56 deg. 17 min. 30 sec. East, a distance of 201.10 ft.
996996 to an angle point;
997997 South 86 deg. 04 min. 30 sec. West, a distance of 180.00 ft.
998998 to an angle point;
999999 North 40 deg. 50 min. 30 sec. West, a distance of 110.00 ft.
10001000 to an angle point;
10011001 South 24 deg. 44 min. 30 sec. West, a distance of 835.00 ft.
10021002 to an angle point;
10031003 South 64 deg. 11 min. 38 sec. West, a distance of 349.91 ft.
10041004 to an angle point;
10051005 South 14 deg. 28 min. 55 sec. West, a distance of 515.06 ft.
10061006 to an angle point;
10071007 South 21 deg. 50 min. 44 sec. East, a distance of 349.41 ft.
10081008 to an angle point;
10091009 South 05 deg. 39 min. 19 sec. East, a distance of 54.96 ft. to
10101010 an angle point;
10111011 South 42 deg. 41 min. 35 sec. West, a distance of 96.87 ft. to
10121012 an angle point;
10131013 South 51 deg. 33 min. 12 sec. West, a distance of 179.82 ft.
10141014 to an angle point;
10151015 South 25 deg. 48 min. 14 sec. West, a distance of 42.35 ft. to
10161016 an angle point;
10171017 South 02 deg. 40 min. 03 sec. East, a distance of 25.22 ft. to
10181018 an angle point;
10191019 South 22 deg. 38 min. 08 sec. West, a distance of 249.01 ft.
10201020 to an angle point;
10211021 South 34 deg. 03 min. 38 sec. West, a distance of 77.99 ft. to
10221022 a point at the Southwest corner of said Grayson/Collin Recreation
10231023 tract;
10241024 THENCE North 81 deg. 58 min. 14 sec. East, with the South line
10251025 of said Grayson/Collin Recreation tract, a distance of 900.71 ft.
10261026 to a point at the most Northerly corner of Lot 15, said Hurricane
10271027 Creek Estates;
10281028 THENCE South 00 deg. 27 min. 53 sec. East, with the West line
10291029 of said Lot 15, a distance of 235.00 ft. to an angle point;
10301030 THENCE South 00 deg. 13 min. 57 sec. West, continuing with the
10311031 West line of said Lot 15, a distance of 100.01 ft. to a point at the
10321032 Southwest corner of said Lot 15, at the Northwest corner of Lot 16,
10331033 said Hurricane Creek Estates;
10341034 THENCE South 00 deg. 30 min. 26 sec. East, with the West line
10351035 of said Lot 16, a distance of 230.00 ft. to a point at the Southwest
10361036 corner of said Lot 16, at the Northwest corner of Lot 17, said
10371037 Hurricane Creek Estates;
10381038 THENCE South 01 deg. 28 min. 30 sec. East, with the West line
10391039 of said Lot 17, a distance of 240.00 ft. to a point at the Southwest
10401040 corner of said Lot 17, at the Northwest corner of Lot 18, said
10411041 Hurricane Creek Estates;
10421042 THENCE South 01 deg. 54 min. 38 sec. East, with the West line
10431043 of said Lot 18, a distance of 193.60 ft. to a point at the Southwest
10441044 corner of said Lot 18, at the Northwest corner of Lot 19, said
10451045 Hurricane Creek Estates, at the Northeast corner of the property
10461046 conveyed to Jan Sherley Miller in Volume 2460, Page 561, said Collin
10471047 County Deed Records;
10481048 THENCE North 89 deg. 56 min. 05 sec. West, with the North line
10491049 of said Miller tract, a distance of 1,209.04 ft. to a point in the
10501050 center of a creek, at the Northwest corner of said Miller tract, at
10511051 the Southeast corner of the property conveyed to Donna Hillard in
10521052 Volume 851, Page 696, said Collin County Deed Records;
10531053 THENCE Northwesterly, with the center of a creek, the
10541054 following calls and distances:
10551055 North 20 deg. 22 min. 51 sec. East, a distance of 30.14 ft.;
10561056 North 29 deg. 43 min. 41 sec. East, a distance of 155.14 ft.;
10571057 North 08 deg. 56 min. 31 sec. West, a distance of 123.54 ft.;
10581058 North 29 deg. 41 min. 16 sec. East, a distance of 204.80 ft.;
10591059 North 60 deg. 08 min. 26 sec. East, a distance of 80.90 ft.;
10601060 North 45 deg. 03 min. 12 sec. West, passing the Northeast
10611061 corner of said Hillard tract and the Southeast corner of the
10621062 property conveyed to Jay P. Janis and Irene C. Janis in Collin
10631063 County Clerk's File No. 96-0030276, and continuing now with the
10641064 East line of said Janis tract for a total distance of 203.24 ft.;
10651065 North 82 deg. 39 min. 55 sec. West, a distance of 81.98 ft.;
10661066 North 26 deg. 47 min. 37 sec. West, a distance of 47.05 ft.;
10671067 North 28 deg. 35 min. 21 sec. East, a distance of 84.19 ft.;
10681068 North 79 deg. 52 min. 58 sec. West, a distance of 66.26 ft.;
10691069 North 10 deg. 50 min. 01 sec. West, a distance of 95.50 ft.;
10701070 North 38 deg. 57 min. 39 sec. East, a distance of 45.95 ft.;
10711071 North 70 deg. 01 min. 02 sec. West, a distance of 152.19 ft.;
10721072 North 66 deg. 26 min. 50 sec. East, a distance of 51.17 ft.;
10731073 North 11 deg. 58 min. 11 sec. West, a distance of 55.24 ft.;
10741074 North 31 deg. 10 min. 44 sec. East, a distance of 64.46 ft.;
10751075 North 83 deg. 13 min. 49 sec. West, a distance of 149.39 ft.;
10761076 North 33 deg. 40 min. 07 sec. West, a distance of 67.07 ft.;
10771077 North 80 deg. 33 min. 11 sec. West, a distance of 152.82 ft.;
10781078 North 11 deg. 46 min. 48 sec. West, a distance of 72.67 ft.;
10791079 North 62 deg. 21 min. 40 sec. West, a distance of 38.22 ft.;
10801080 South 66 deg. 38 min. 15 sec. West, a distance of 45.73 ft.;
10811081 North 68 deg. 10 min. 52 sec. West, a distance of 164.80 ft.;
10821082 North 33 deg. 42 min. 58 sec. West, a distance of 125.18 ft.;
10831083 North 50 deg. 10 min. 42 sec. West, a distance of 49.62 ft.;
10841084 North 65 deg. 46 min. 56 sec. West, a distance of 57.86 ft.;
10851085 North 44 deg. 01 min. 48 sec. West, a distance of 158.21 ft.;
10861086 South 70 deg. 58 min. 55 sec. West, a distance of 138.86 ft.;
10871087 North 63 deg. 09 min. 09 sec. West, a distance of 59.10 ft.;
10881088 North 19 deg. 21 min. 22 sec. West, a distance of 34.81 ft.;
10891089 North 84 deg. 48 min. 57 sec. West, a distance of 105.80 ft.;
10901090 North 17 deg. 57 min. 58 sec. West, a distance of 97.97 ft. to
10911091 a point at the Northeast corner of said Janis tract;
10921092 THENCE South 89 deg. 31 min. 41 sec. West, with the North line
10931093 of said Janis tract, a distance of 2,002.52 ft. to a point in the
10941094 center of said Collin County Road No. 290, at the Northwest corner
10951095 of said Janis property;
10961096 THENCE North 00 deg. 15 min. 09 sec. West, with the center of
10971097 said Collin County Road No. 290, a distance of 1,130.45 ft. to a 1/2
10981098 inch rebar found at the Southwest corner of the 10.669 ac. tract of
10991099 land conveyed to Delmore A. M. Church and Joyce Church in Volume
11001100 702, Page 585, said Collin County Deed Records;
11011101 THENCE South 87 deg. 27 min. 45 sec. East, with a South line
11021102 of said Church 10.669 ac., a distance of 354.05 ft. to a point at the
11031103 most Southerly Southeast corner of said Church 10.669 ac.;
11041104 THENCE North 00 deg. 30 min. 51 sec. West, with an East line
11051105 of said Church 10.669 ac., a distance of 628.57 ft. to a point at an
11061106 Ell corner of said Church 10.669 ac.;
11071107 THENCE North 87 deg. 35 min. 55 sec. East, with a South line
11081108 of said Church 10.669 ac., a distance of 587.36 ft. to a point at the
11091109 most Easterly Southeast corner of said Church 10.669 ac.;
11101110 THENCE North 00 deg. 11 min. 10 sec. West, with an East line
11111111 of said Church 10.669 ac., a distance of 251.67 ft. to a 1/2 inch
11121112 rebar found in the center of said Collin County Road No. 290, in the
11131113 South line of said Viola 133.814 ac., at the Northeast corner of
11141114 said Church 10.669 ac.;
11151115 THENCE South 89 deg. 36 min. 45 sec. East, with the center of
11161116 said Collin County Road No. 290 and the South line of said Viola
11171117 133.814 ac., a distance of 798.20 ft. to the PLACE OF BEGINNING and
11181118 containing 710.13 ACRES of land.
11191119 SITUATED in the County of Collin, State of Texas, and being a
11201120 part of the following Surveys in Collin County: the David Arnspiger
11211121 Survey, Abstract No. 15, the E. T. Berry Survey, Abstract No. 40,
11221122 the J. W. Curtis Survey, Abstract No. 1077, the Jonas Whitaker
11231123 Survey, Abstract No. 981, the P. Burns Survey, Abstract No. 100, and
11241124 the J. Batterman Survey, Abstract No. 94, and being a part of the
11251125 1,232.837 ac. tract of land conveyed to Vincent Viola by W. Mark
11261126 David by Special Warranty Deed dated July 30, 2001 and recorded in
11271127 Volume 4987, Page 726, Deed Records, Collin County, Texas, and
11281128 being all of the 64.749 ac. tract of land (Tract 3) conveyed to
11291129 Vincent J. Viola by Don S. Flesher by Warranty Deed dated September
11301130 10, 2004 and recorded in Volume 5766, Page 6210, said Collin County
11311131 Deed Records, and being all of the 133.814 ac. tract of land
11321132 conveyed to Vincent J. Viola by Mary Jane Kinsey by Warranty Deed
11331133 with Vendor's Lien dated March 31, 2004 and recorded in Volume 5642,
11341134 Page 1395, said Collin County Deed Records, and being all of the
11351135 377.45 ac. tract of land conveyed to Vincent J. Viola by Thornton
11361136 Farm Partnership, Ltd. by Special Warranty Deed with Vendor's Lien
11371137 dated September 22, 2005 and recorded in Volume 6010, Page 3310,
11381138 said Collin County Deed Records, and being all of the 61.61 ac.
11391139 tract of land conveyed to Vincent J. Viola by Jack R. Shirley,
11401140 Trustee of the Shirley Living Trust by Warranty Deed with Vendor's
11411141 Lien dated February 26, 2004 and recorded in Volume 5616, Page 5706,
11421142 said Collin County Deed Records, and being more particularly
11431143 described as one tract of land by metes and bounds as follows,
11441144 to-wit:
11451145 BEGINNING at a point in the West right-of-way line of U. S.
11461146 Highway No. 75, at a Northeast corner of said Viola 1,232.837 ac.;
11471147 THENCE Southerly, with the West right-of-way line of said U.
11481148 S. Highway No. 75, the following calls and distances:
11491149 South 02 deg. 54 min. 48 sec. West, a distance of 27.97 ft. to
11501150 an angle point;
11511151 South 30 deg. 46 min. 30 sec. East, a distance of 183.31 ft.
11521152 to an angle point;
11531153 South 88 deg. 06 min. 30 sec. East, a distance of 449.88 ft.
11541154 to an angle point;
11551155 South 44 deg. 01 min. 30 sec. East, a distance of 59.33 ft. to
11561156 a point at the beginning of a curve;
11571157 Southerly, with a non-tangent curve to the right having a
11581158 radius of 11,236.22 ft. and a central angle of 02 deg. 19 min. 08
11591159 sec. (chord bears South 00 deg. 12 min. 56 sec. West, 454.72 ft.),
11601160 an arc distance of 454.76 ft. to an angle point;
11611161 South 02 deg. 36 min. 16 sec. East, a distance of 360.12 ft.
11621162 to an angle point;
11631163 South 00 deg. 25 min. 13 sec. West, a distance of 599.93 ft.
11641164 to an angle point;
11651165 South 01 deg. 22 min. 30 sec. West, a distance of 199.95 ft.
11661166 to an angle point;
11671167 South 04 deg. 42 min. 49 sec. West, a distance of 600.86 ft.
11681168 to an angle point;
11691169 South 07 deg. 09 min. 20 sec. East, a distance of 202.18 ft.;
11701170 South 00 deg. 03 min. 25 sec. East, a distance of 400.02 ft.
11711171 to an angle point;
11721172 South 01 deg. 22 min. 30 sec. West, a distance of 999.74 ft.
11731173 to an angle point;
11741174 South 10 deg. 21 min. 51 sec. West, a distance of 195.80 ft.
11751175 to an angle point;
11761176 South 07 deg. 03 min. 08 sec. East, a distance of 208.75 ft.
11771177 to an angle point;
11781178 South 00 deg. 03 min. 25 sec. East, a distance of 400.02 ft.
11791179 to an angle point;
11801180 South 07 deg. 33 min. 03 sec. West, a distance of 185.86 ft.
11811181 to an angle point;
11821182 South 45 deg. 36 min. 30 sec. West, a distance of 42.98 ft. to
11831183 an angle point;
11841184 South 01 deg. 22 min. 30 sec. West, a distance of 24.40 ft. to
11851185 a point in the center of County Road No. 372, at the Southeast of the
11861186 herein described tract;
11871187 THENCE Westerly, with the center of said County Road No. 372,
11881188 the following calls and distances:
11891189 South 89 deg. 42 min. 59 sec. West, a distance of 353.70 ft.;
11901190 South 86 deg. 10 min. 45 sec. West, a distance of 143.79 ft.;
11911191 North 87 deg. 30 min. 14 sec. West, a distance of 53.25 ft.;
11921192 North 74 deg. 09 min. 11 sec. West, a distance of 54.65 ft.;
11931193 North 66 deg. 03 min. 55 sec. West, a distance of 186.27 ft.;
11941194 North 69 deg. 12 min. 09 sec. West, a distance of 184.29 ft.;
11951195 North 86 deg. 57 min. 36 sec. West, a distance of 96.84 ft.;
11961196 South 48 deg. 48 min. 29 sec. West, a distance of 93.49 ft.;
11971197 South 33 deg. 28 min. 27 sec. West, a distance of 305.00 ft.;
11981198 South 37 deg. 10 min. 57 sec. West, a distance of 265.16 ft.;
11991199 South 55 deg. 13 min. 57 sec. West, a distance of 89.72 ft.;
12001200 North 83 deg. 28 min. 02 sec. West, a distance of 100.14 ft.;
12011201 North 68 deg. 03 min. 52 sec. West, a distance of 396.07 ft.;
12021202 North 60 deg. 49 min. 08 sec. West, a distance of 186.54 ft.;
12031203 North 67 deg. 57 min. 27 sec. West, a distance of 71.26 ft.;
12041204 North 89 deg. 56 min. 56 sec. West, a distance of 69.12 ft.;
12051205 South 75 deg. 45 min. 15 sec. West, a distance of 103.51 ft.;
12061206 South 83 deg. 05 min. 09 sec. West, a distance of 72.42 ft.;
12071207 North 85 deg. 18 min. 09 sec. West, a distance of 68.25 ft.;
12081208 North 81 deg. 39 min. 08 sec. West, a distance of 527.44 ft.;
12091209 South 82 deg. 17 min. 34 sec. West, a distance of 143.98 ft.;
12101210 South 60 deg. 43 min. 16 sec. West, a distance of 129.67 ft.
12111211 to the intersection of the center of said County Road No. 372 with
12121212 the center of said County Road No. 290;
12131213 THENCE South 51 deg. 14 min. 09 sec. West, with the center of
12141214 said County Road No. 290, a distance of 159.23 ft. to an angle
12151215 point;
12161216 THENCE South 52 deg. 34 min. 25 sec. West, continuing with the
12171217 center of said County Road No. 290, a distance of 692.22 ft. to a
12181218 point at the Southeast corner of the property conveyed to Tristian
12191219 D. Pfeffer in Volume 3064, Page 593, said Collin County Deed
12201220 Records;
12211221 THENCE North 01 deg. 04 min. 20 sec. West, with the East line
12221222 of said Pfeffer tract, a distance of 295.17 ft. to a point at the
12231223 Northeast corner of said Pfeffer tract;
12241224 THENCE North 89 deg. 16 min. 11 sec. West, with the North line
12251225 of said Pfeffer tract, passing the Northwest corner of said Pfeffer
12261226 tract and the Northeast corner of the property conveyed to Michael
12271227 Ray Ashley, and continuing now with the North line of said Ashley
12281228 tract for a total distance of 547.91 ft. to a point at the Northwest
12291229 corner of said Ashley tract;
12301230 THENCE South 04 deg. 31 min. 06 sec. West, with the West line
12311231 of said Ashley tract, passing the Southwest corner of said Ashley
12321232 tract and continuing for a total distance of 872.74 ft. to a point
12331233 in the center of said County Road No. 290;
12341234 THENCE South 34 deg. 58 min. 46 sec. West, with the center of
12351235 said County Road No. 290, a distance of 568.84 ft. to an angle
12361236 point;
12371237 THENCE North 87 deg. 43 min. 32 sec. West, continuing with the
12381238 center of said County Road No. 290, a distance of 425.02 ft. to a
12391239 point at the intersection of the center of said County Road No. 290
12401240 with the center of a creek, at the Southeast corner of the 18.632
12411241 ac. tract of land conveyed to Stephen V. Jones and Kristi S. Jones
12421242 in Volume 4140, Page 3149, said Collin County Deed Records;
12431243 THENCE Northerly, with the center of a creek, maintaining the
12441244 East line of said Jones 18.632 ac., the following the calls and
12451245 distances:
12461246 North 04 deg. 31 min. 06 sec. East, a distance of 86.50 ft.;
12471247 North 35 deg. 11 min. 54 sec. West, a distance of 93.77 ft.;
12481248 North 23 deg. 28 min. 54 sec. West, a distance of 55.00 ft.;
12491249 North 52 deg. 28 min. 54 sec. West, a distance of 42.00 ft.;
12501250 North 26 deg. 48 min. 54 sec. West, a distance of 29.70 ft.;
12511251 North 69 deg. 58 min. 54 sec. West, a distance of 25.40 ft.;
12521252 North 31 deg. 08 min. 54 sec. West, a distance of 27.30 ft.;
12531253 North 05 deg. 49 min. 16 sec. West, a distance of 61.40 ft.;
12541254 North 15 deg. 44 min. 06 sec. East, a distance of 29.40 ft.;
12551255 North 31 deg. 13 min. 54 sec. West, a distance of 22.00 ft.;
12561256 North 79 deg. 23 min. 54 sec. West, a distance of 16.10 ft.;
12571257 North 00 deg. 46 min. 06 sec. East, a distance of 50.00 ft.;
12581258 North 31 deg. 45 min. 06 sec. East, a distance of 24.60 ft.;
12591259 North 02 deg. 31 min. 06 sec. East, a distance of 26.40 ft.;
12601260 North 34 deg. 28 min. 06 sec. East, a distance of 43.20 ft.;
12611261 North 13 deg. 08 min. 54 sec. West, a distance of 54.70 ft.;
12621262 North 00 deg. 31 min. 06 sec. East, a distance of 82.20 ft.;
12631263 North 19 deg. 28 min. 54 sec. West, a distance of 80.00 ft.;
12641264 North 40 deg. 03 min. 54 sec. West, a distance of 37.60 ft.;
12651265 North 17 deg. 46 min. 06 sec. East, a distance of 43.20 ft.;
12661266 North 58 deg. 31 min. 06 sec. East, a distance of 36.10 ft.;
12671267 North 28 deg. 28 min. 54 sec. West, a distance of 44.00 ft.;
12681268 North 56 deg. 28 min. 54 sec. West, a distance of 21.00 ft.;
12691269 North 21 deg. 15 min. 54 sec. West, a distance of 51.60 ft.;
12701270 South 48 deg. 11 min. 06 sec. West, a distance of 24.00 ft.;
12711271 North 44 deg. 08 min. 54 sec. West, a distance of 30.40 ft.;
12721272 North 85 deg. 28 min. 54 sec. West, a distance of 26.00 ft.;
12731273 North 43 deg. 28 min. 54 sec. West, a distance of 26.50 ft.;
12741274 North 85 deg. 28 min. 54 sec. West, a distance of 42.70 ft.;
12751275 North 27 deg. 08 min. 54 sec. West, a distance of 75.00 ft.;
12761276 North 13 deg. 28 min. 54 sec. West, a distance of 25.30 ft.;
12771277 North 34 deg. 28 min. 54 sec. West, a distance of 25.90 ft.;
12781278 North 18 deg. 36 min. 54 sec. West, a distance of 78.20 ft.;
12791279 North 68 deg. 31 min. 06 sec. East, a distance of 22.40 ft.;
12801280 North 46 deg. 42 min. 06 sec. East, a distance of 36.00 ft.;
12811281 North 44 deg. 28 min. 54 sec. West, a distance of 78.70 ft.;
12821282 North 37 deg. 37 min. 54 sec. West, a distance of 22.43 ft.;
12831283 South 81 deg. 30 min. 06 sec. West, a distance of 53.20 ft.;
12841284 North 16 deg. 18 min. 59 sec. West, a distance of 60.42 ft. to
12851285 a point at the Northeast corner of said Jones 18.632 ac.;
12861286 THENCE South 89 deg. 18 min. 29 sec. West, with the North
12871287 line of said Jones 18.632 ac., a distance of 293.17 ft. to a point at
12881288 the Northwest corner of said Jones 18.632 ac.;
12891289 THENCE South 00 deg. 19 min. 05 sec. East, with the West line
12901290 of said Jones 18.632 ac., a distance of 62.47 ft. to a 1/2 inch rebar
12911291 found at the Northwest base of a 48 inch tree at a fence corner, at
12921292 the Northeast corner of said Viola 133.814 ac.;
12931293 THENCE South 00 deg. 24 min. 08 sec. East, continuing with the
12941294 West line of said Jones 18.632 ac., a distance of 1,026.81 ft. to a
12951295 1/2 inch rebar found in the center of said County Road No. 290, at
12961296 the Southwest corner of said Jones 18.632 ac.,;
12971297 THENCE South 89 deg. 26 min. 03 sec. West, with the center of
12981298 said County Road No. 290, a distance of 772.79 ft. to a 1/2 inch
12991299 rebar found at an Ell corner of said Viola 133.814 ac.;
13001300 THENCE South 00 deg. 16 min. 20 sec. West, continuing with the
13011301 center of said County Road No. 290, a distance of 1,686.94 ft. to a
13021302 1/2 inch rebar found at the most Southerly Southeast corner of said
13031303 Viola 133.814 ac.;
13041304 THENCE North 89 deg. 36 min. 49 sec. West, continuing with the
13051305 center of said County Road No. 290 and with the South line of said
13061306 Viola 133.814 ac., a distance of 798.24 ft. to a 1/2 inch rebar
13071307 found at the Northeast corner of the 10.669 ac. tract of land
13081308 conveyed to Delmore A. M. Church and Joyce Church in Volume 702,
13091309 Page 585, said Collin County Deed Records;
13101310 THENCE North 89 deg. 29 min. 33 sec. West, continuing with the
13111311 center of said County Road No. 290 and with the North line of said
13121312 Church 10.669 ac., a distance of 935.50 ft. to a point at the
13131313 Northwest corner of said Church 10.669 ac.;
13141314 THENCE South 00 deg. 17 min. 31 sec. East, with the West line
13151315 of said Church 10.669 ac., a distance of 5.80 ft. to a point at the
13161316 Northeast corner of the 103 ac. tract of land conveyed to James
13171317 Robert Thornton in Volume 1596, Page 467 and Volume 1599, Page 451,
13181318 said Collin County Deed Records;
13191319 THENCE North 89 deg. 44 min. 24 sec. West, with the center of
13201320 Collin County Road No. 1101, a public road, and with the North line
13211321 of said Thornton 103 ac., a distance of 118.58 ft. to a 1/2 inch
13221322 rebar set at the Southwest corner of said Viola 133.814 ac., at the
13231323 Southeast corner of the 40 ac. tract of land conveyed to James R.
13241324 Thornton in Volume 724, Page 884, said Collin County Deed Records;
13251325 THENCE North 00 deg. 10 min. 11 sec. East, with the West line
13261326 of said Viola 133.814 ac. and the East line of said Thornton 40 ac.,
13271327 a distance of 2,705.48 ft. to a point in the South line of the 77.17
13281328 ac. tract of land (Tract A) conveyed to MJW Partners, L. P. in
13291329 Volume 4458, Page 1303, said Collin County Deed Records, at the
13301330 Northwest corner of said Viola 133.814 ac., at the Northeast corner
13311331 of said Thornton 40 ac.;
13321332 THENCE North 88 deg. 39 min. 20 sec. East, with the South line
13331333 of said MJW Partners 77.17 ac. and the North line of said Viola
13341334 133.814 ac., a distance of 479.16 ft. to a point at the Southeast
13351335 corner of said MJW Partners 77.17 ac., at the most Southerly
13361336 Southwest corner of said 377.45 ac.;
13371337 THENCE North 00 deg. 31 min. 02 sec. East, with the West line
13381338 of said 377.45 ac. and the East line of said MJW Partners 77.17 ac.,
13391339 a distance of 450.50 ft. to an angle point;
13401340 THENCE North 00 deg. 51 min. 11 sec. East, continuing with the
13411341 West line of said 377.45 ac. and the East line of said MJW Partners
13421342 77.17 ac., a distance of 856.69 ft. to an angle point;
13431343 THENCE North 00 deg. 38 min. 27 sec. East, continuing with the
13441344 West line of said 377.45 ac. and the East line of said MJW Partners
13451345 77.17 ac., a distance of 1,265.62 ft. to a point at the most
13461346 Easterly Northeast corner of said MJW Partners 77.17 ac.;
13471347 THENCE North 89 deg. 34 min. 48 sec. West, with a North line
13481348 of said MJW Partners 77.17 ac. and a South line of said 377.45 ac., a
13491349 distance of 78.26 ft. to a point for an Ell corner of said 377.45
13501350 ac.;
13511351 THENCE North 00 deg. 49 min. 48 sec. West, with an East line
13521352 of said MJW Partners 77.17 ac. and a West line of said 377.45 ac.,
13531353 passing a Northeast corner of said MJW Partners 77.17 ac. and the
13541354 Southeast corner of the 2.46 ac. tract of land (Tract B) conveyed to
13551355 MJW Partners, L.B. in said Volume 4458, Page 1303, and continuing
13561356 now with the East line of said MJW Partners 2.46 ac. for a total
13571357 distance of 264.00 ft. to a point at the Northeast corner of said
13581358 MJW Properties 2.46 ac.;
13591359 THENCE North 89 deg. 34 min. 48 sec. West, with the North line
13601360 of said MJW Partners 2.46 ac. and a South line of said 377.45 ac., a
13611361 distance of 424.33 ft. to a point at the most Westerly Southwest
13621362 corner of said 377.45 ac., at the Northwest corner of said MJW
13631363 Partners 2.46 ac.;
13641364 THENCE North 00 deg. 03 min. 15 sec. West, entering the
13651365 pavement of Collin County Road No. 222, passing the most Easterly
13661366 Southeast corner of the 12.5 ac. tract of land (First Tract)
13671367 conveyed to Julie Elizabeth Fifer Hilbun in Volume 4753, Page 394,
13681368 said Collin County Deed Records, being the intersection of the
13691369 center of said Collin County Road No. 222 with the center of Collin
13701370 County Road No. 291 and continuing now with the center of said
13711371 Collin County Road No. 291, passing the Northeast corner of said
13721372 Hilbun 12.5 ac. and the most Easterly Southeast corner of the 89.74
13731373 ac. tract of land conveyed to Lee Brock and Michael Adams in Volume
13741374 4971, Page 3703, said Collin County Deed Records, a Northeast
13751375 corner of said Batterton Survey, the Southeast corner of said
13761376 Whitaker Survey, and continuing now with the East line of both said
13771377 Whitaker Survey and said Brock & Adams 89.74 ac. and the West line
13781378 of said Arnspiger Survey, passing the Northeast corner of said
13791379 Brock & Adams 89.74 ac. and the Southeast corner of the 113.35 ac.
13801380 tract of land conveyed to Claude T. Dowell and Betty M. Dowell in
13811381 Collin County Clerk File No. 96-0003539, and continuing now with
13821382 the East line of said Dowell 113.35 ac. for a total distance of
13831383 2,879.39 ft. to a PK nail at the Northwest corner of said 6.29 ac.,
13841384 at the Southwest corner of the 5.00 ac. tract of land conveyed to
13851385 Wood Family Trust in Volume 3910, Page 772, said Grayson County
13861386 Official Public Records, at the most Westerly Northwest corner of
13871387 the herein described tract;
13881388 THENCE South 88 deg. 53 min. 10 sec. East, with the South line
13891389 of said Wood Family Trust 5.00 ac., a distance of 573.19 ft. to a
13901390 point at the Southeast corner of said Wood Family Trust 5.00 ac., at
13911391 an Ell corner of said 6.29 ac.;
13921392 THENCE North 00 deg. 03 min. 10 sec. West, with the East line
13931393 of said Wood Family Trust 5.00 ac., a distance of 123.02 ft. to a
13941394 point in the North line said Collin County, the South line of
13951395 Grayson County, at the most Northerly Northwest corner of the
13961396 herein described tract;
13971397 THENCE South 88 deg. 01 min. 11 sec. East, with the North line
13981398 of said Collin County and the South line of said Grayson County,
13991399 over and across said Viola 377.45 ac., crossing an East line of said
14001400 Viola 377.45 ac. and a West line of said Viola 1,232.837 ac. and
14011401 continuing now over and across said Viola 1,232.837 ac. for a total
14021402 distance of 5,627.60 ft. to a point;
14031403 THENCE South 06 deg. 38 min. 18 sec. West, a distance of
14041404 259.52 ft.;
14051405 THENCE South 02 deg. 15 min. 16 sec. East, a distance of 87.99
14061406 ft. to a point in the center of County Road No. 290;
14071407 THENCE North 87 deg. 49 min. 46 sec. East, with the center of
14081408 said County Road No. 290, a distance of 1,121.68 ft. to a point at an
14091409 Ell corner;
14101410 THENCE North 17 deg. 08 min. 05 sec. East, continuing with the
14111411 center of said County Road No. 290, a distance of 274.78 ft. to a
14121412 point in the South line of said Grayson County, in the North line of
14131413 said Collin County;
14141414 THENCE South 88 deg. 01 min. 11 sec. East, continuing with the
14151415 center of said County Road No. 290, a distance of 918.91 ft. to the
14161416 PLACE OF BEGINNING and containing 1,245.36 ACRES of land;
14171417 LESS AND EXCEPT the tract described below.
14181418 SITUATED in the County of Collin, State of Texas, and being a
14191419 part of the Jonas Whitaker Survey, Abstract No. 981, being a part of
14201420 the E. T. Berry Survey, Abstract No. 41, and being all of the
14211421 property conveyed to D. E. Billups, lying in the E. T. Berry Survey,
14221422 and being all of the property conveyed to Geraldine Billups in
14231423 Volume 4831, Page 862, Collin County Deed Records, and being all of
14241424 the property conveyed to John Adams and Paul Adams in County Clerks
14251425 File No. 94-0083801, and being more particularly described as one
14261426 tract of land by metes and bounds as follows, to-wit:
14271427 BEGINNING at a point in the center of County Road No. 290, at
14281428 the Southwest corner of both said John & Paul Adams tract and the
14291429 herein described exception tract;
14301430 THENCE North 00 degrees 17 minutes 41 seconds West, with the
14311431 center of said County Road No. 290, a distance of 234.95 feet to a
14321432 point at the intersection of the center of said County Road No. 290
14331433 and County Road No. 222, at an angle point in the West line of the
14341434 herein described exception tract;
14351435 THENCE North 00 degrees 13 minutes 11 seconds West,
14361436 continuing with the center of said County Road No. 290, passing the
14371437 Northwest corner of said John & Paul Adams tract, and the Southwest
14381438 corner of said Geraldine Billups tract, passing the Northwest
14391439 corner of said Geraldine Billups tract and the Southwest corner of
14401440 said D. E. Billups tract and continuing now with the West line of
14411441 said D. E. Billups tract for a total distance of 612.61 feet to a
14421442 point at the Northwest corner of both said D. E. Billups tract and
14431443 the herein described exception tract;
14441444 THENCE North 89 degrees 37 minutes 36 seconds East, with the
14451445 North line of said D. E. Billups tract, a distance of 1,418.49 feet
14461446 to a point at the Northeast corner of both said D. E. Billups tract
14471447 and the herein described exception tract;
14481448 THENCE Southerly, with the East line of said D. E. Billups
14491449 tract, said Geraldine Billups tract and said John & Paul Adams
14501450 tract, the following calls and distances:
14511451 South 22 degrees 07 minutes 54 seconds East, a distance of
14521452 107.40 feet to a angle point;
14531453 South 36 degrees 30 minutes 12 seconds West, a distance of
14541454 123.56 feet to a angle point;
14551455 South 55 degrees 01 minutes 11 seconds East, a distance of
14561456 127.51 feet to a angle point;
14571457 South 09 degrees 13 minutes 07 seconds East, a distance of
14581458 307.63 feet to a angle point;
14591459 South 00 degrees 53 minutes 06 seconds West, a distance of
14601460 272.87 feet to a point at the Southeast corner of both said John &
14611461 Paul Adams tract and the herein described exception tract;
14621462 THENCE South 89 degrees 41 minutes 10 seconds West, with the
14631463 South line of said John & Paul Adams tract, a distance of 1,531.43
14641464 feet to the PLACE OF BEGINNING and containing 29.09 ACRES of land
14651465 less and excepted from the above described 1,245.36 ac. tract and
14661466 leaving a NET ACREAGE of 1,216.27 ACRES of land.
14671467 SECTION 3. (a) The legal notice of the intention to
14681468 introduce this Act, setting forth the general substance of this
14691469 Act, has been published as provided by law, and the notice and a
14701470 copy of this Act have been furnished to all persons, agencies,
14711471 officials, or entities to which they are required to be furnished
14721472 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
14731473 Government Code.
14741474 (b) The governor, one of the required recipients, has
14751475 submitted the notice and Act to the Texas Commission on
14761476 Environmental Quality.
14771477 (c) The Texas Commission on Environmental Quality has filed
14781478 its recommendations relating to this Act with the governor, the
14791479 lieutenant governor, and the speaker of the house of
14801480 representatives within the required time.
14811481 (d) All requirements of the constitution and laws of this
14821482 state and the rules and procedures of the legislature with respect
14831483 to the notice, introduction, and passage of this Act are fulfilled
14841484 and accomplished.
14851485 SECTION 4. This Act takes effect immediately if it receives
14861486 a vote of two-thirds of all the members elected to each house, as
14871487 provided by Section 39, Article III, Texas Constitution. If this
14881488 Act does not receive the vote necessary for immediate effect, this
14891489 Act takes effect September 1, 2009.