Texas 2011 - 82nd Regular

Texas House Bill HB1524 Compare Versions

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1	1	82R5268 SGA-F
2	2	By: Phillips H.B. No. 1524
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Case Creek Municipal Utility
7	7	District No. 1 of Grayson County; providing authority to impose a
8	8	tax and issue bonds; granting a limited power of eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8249 to read as follows:
12	12	CHAPTER 8249. CASE CREEK MUNICIPAL UTILITY DISTRICT NO. 1 OF
13	13	GRAYSON COUNTY
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8249.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Case Creek Municipal Utility
21	21	District No. 1 of Grayson County.
22	22	Sec. 8249.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8249.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8249.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
30	30	The district is created to serve a public purpose and benefit.
31	31	(b) The district is created to accomplish the purposes of:
32	32	(1) a municipal utility district as provided by
33	33	general law and Section 59, Article XVI, Texas Constitution; and
34	34	(2) Section 52, Article III, Texas Constitution, that
35	35	relate to the construction, acquisition, improvement, operation,
36	36	or maintenance of macadamized, graveled, or paved roads, or
37	37	improvements, including storm drainage, in aid of those roads.
38	38	Sec. 8249.005. INITIAL DISTRICT TERRITORY. (a) The
39	39	district is initially composed of the territory described by
40	40	Section 2 of the Act enacting this chapter.
41	41	(b) The boundaries and field notes contained in Section 2 of
42	42	the Act enacting this chapter form a closure. A mistake made in the
43	43	field notes or in copying the field notes in the legislative process
44	44	does not affect the district's:
45	45	(1) organization, existence, or validity;
46	46	(2) right to issue any type of bond for the purposes
47	47	for which the district is created or to pay the principal of and
48	48	interest on a bond;
49	49	(3) right to impose a tax; or
50	50	(4) legality or operation.
51	51	[Sections 8249.006-8249.050 reserved for expansion]
52	52	SUBCHAPTER B. BOARD OF DIRECTORS
53	53	Sec. 8249.051. GOVERNING BODY; TERMS. (a) The district is
54	54	governed by a board of five elected directors.
55	55	(b) Except as provided by Section 8249.052, directors serve
56	56	staggered four-year terms.
57	57	Sec. 8249.052. TEMPORARY DIRECTORS. (a) On or after
58	58	September 1, 2011, the owner or owners of a majority of the assessed
59	59	value of the real property in the district may submit a petition to
60	60	the commission requesting that the commission appoint as temporary
61	61	directors the five persons named in the petition. The commission
62	62	shall appoint as temporary directors the five persons named in the
63	63	petition.
64	64	(b) Temporary directors serve until the earlier of:
65	65	(1) the date permanent directors are elected under
66	66	Section 8249.003; or
67	67	(2) September 1, 2015.
68	68	(c) If permanent directors have not been elected under
69	69	Section 8249.003 and the terms of the temporary directors have
70	70	expired, successor temporary directors shall be appointed or
71	71	reappointed as provided by Subsection (d) to serve terms that
72	72	expire on the earlier of:
73	73	(1) the date permanent directors are elected under
74	74	Section 8249.003; or
75	75	(2) the fourth anniversary of the date of the
76	76	appointment or reappointment.
77	77	(d) If Subsection (c) applies, the owner or owners of a
78	78	majority of the assessed value of the real property in the district
79	79	may submit a petition to the commission requesting that the
80	80	commission appoint as successor temporary directors the five
81	81	persons named in the petition. The commission shall appoint as
82	82	successor temporary directors the five persons named in the
83	83	petition.
84	84	[Sections 8249.053-8249.100 reserved for expansion]
85	85	SUBCHAPTER C. POWERS AND DUTIES
86	86	Sec. 8249.101. GENERAL POWERS AND DUTIES. The district has
87	87	the powers and duties necessary to accomplish the purposes for
88	88	which the district is created.
89	89	Sec. 8249.102. MUNICIPAL UTILITY DISTRICT POWERS AND
90	90	DUTIES. The district has the powers and duties provided by the
91	91	general law of this state, including Chapters 49 and 54, Water Code,
92	92	applicable to municipal utility districts created under Section 59,
93	93	Article XVI, Texas Constitution.
94	94	Sec. 8249.103. AUTHORITY FOR ROAD PROJECTS. Under Section
95	95	52, Article III, Texas Constitution, the district may design,
96	96	acquire, construct, finance, issue bonds for, improve, operate,
97	97	maintain, and convey to this state, a county, or a municipality for
98	98	operation and maintenance macadamized, graveled, or paved roads, or
99	99	improvements, including storm drainage, in aid of those roads.
100	100	Sec. 8249.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
101	101	project must meet all applicable construction standards, zoning and
102	102	subdivision requirements, and regulations of each municipality in
103	103	whose corporate limits or extraterritorial jurisdiction the road
104	104	project is located.
105	105	(b) If a road project is not located in the corporate limits
106	106	or extraterritorial jurisdiction of a municipality, the road
107	107	project must meet all applicable construction standards,
108	108	subdivision requirements, and regulations of each county in which
109	109	the road project is located.
110	110	(c) If the state will maintain and operate the road, the
111	111	Texas Transportation Commission must approve the plans and
112	112	specifications of the road project.
113	113	Sec. 8249.105. COSTS OF ROAD PROJECT. The district shall
114	114	bear the cost of maintaining, improving, operating, and repairing a
115	115	road located in the district and authorized by Section 8249.103 in
116	116	accordance with all applicable ordinances and rules of the
117	117	political subdivision authorized to exercise jurisdiction over the
118	118	road, regardless of whether the district conveys the road to this
119	119	state, a county, or a municipality.
120	120	Sec. 8249.106. LIMITATION ON USE OF EMINENT DOMAIN. The
121	121	district may not exercise the power of eminent domain outside the
122	122	district to acquire a site or easement for:
123	123	(1) a road project authorized by Section 8249.103; or
124	124	(2) a recreational facility as defined by Section
125	125	49.462, Water Code.
126	126	Sec. 8249.107. LIMITATION ON WATER SUPPLY AND WASTEWATER
127	127	SERVICES; USE OF DISTRICT FACILITIES BY TWO WAY SPECIAL UTILITY
128	128	DISTRICT. (a) The district may not act as a retail provider of
129	129	water or wastewater services in the district except as provided by
130	130	this section.
131	131	(b) Except as provided by Subsection (c), the district shall
132	132	convey or otherwise assign the district's water supply facilities
133	133	and wastewater facilities to Two Way Special Utility District.
134	134	(c) If Two Way Special Utility District refuses or is unable
135	135	to provide water supply or wastewater service to customers located
136	136	in the district, the district may retain the necessary facilities
137	137	and provide water supply or wastewater service, as applicable, to
138	138	those customers.
139	139	[Sections 8249.108-8249.150 reserved for expansion]
140	140	SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
141	141	Sec. 8249.151. DIVISION OF DISTRICT; PREREQUISITES. The
142	142	district may be divided into two or more new districts only if the
143	143	district:
144	144	(1) has no outstanding bonded debt; and
145	145	(2) is not imposing ad valorem taxes.
146	146	Sec. 8249.152. LAW APPLICABLE TO NEW DISTRICT. This
147	147	chapter applies to any new district created by division of the
148	148	district, and a new district has all the powers and duties of the
149	149	district.
150	150	Sec. 8249.153. LIMITATION ON AREA OF NEW DISTRICT. A new
151	151	district created by the division of the district may not, at the
152	152	time the new district is created, contain any land outside the area
153	153	described by Section 2 of the Act enacting this chapter.
154	154	Sec. 8249.154. DIVISION PROCEDURES. (a) The board, on its
155	155	own motion or on receipt of a petition signed by the owner or owners
156	156	of a majority of the assessed value of the real property in the
157	157	district, may adopt an order dividing the district.
158	158	(b) The board may adopt an order dividing the district
159	159	before or after the date the board holds an election under Section
160	160	8249.003 to confirm the district's creation.
161	161	(c) An order dividing the district must:
162	162	(1) name each new district;
163	163	(2) include the metes and bounds description of the
164	164	territory of each new district;
165	165	(3) appoint temporary directors for each new district;
166	166	and
167	167	(4) provide for the division of assets and liabilities
168	168	between the new districts.
169	169	(d) On or before the 30th day after the date of adoption of
170	170	an order dividing the district, the district shall file the order
171	171	with the commission and record the order in the real property
172	172	records of each county in which the district is located.
173	173	Sec. 8249.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
174	174	A new district created by the division of the district shall hold a
175	175	confirmation and directors' election as required by Section
176	176	8249.003.
177	177	(b) If the creation of the new district is confirmed, the
178	178	new district shall provide the election date and results to the
179	179	commission.
180	180	Sec. 8249.156. TAX OR BOND ELECTION. Before a new district
181	181	created by the division of the district may impose a maintenance tax
182	182	or issue bonds payable wholly or partly from ad valorem taxes, the
183	183	new district must hold an election as required by this chapter to
184	184	obtain voter approval.
185	185	[Sections 8249.157-8249.200 reserved for expansion]
186	186	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
187	187	Sec. 8249.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The
188	188	district may issue, without an election, bonds and other
189	189	obligations secured by:
190	190	(1) revenue other than ad valorem taxes; or
191	191	(2) contract payments described by Section 8249.203.
192	192	(b) The district must hold an election in the manner
193	193	provided by Chapters 49 and 54, Water Code, to obtain voter approval
194	194	before the district may impose an ad valorem tax or issue bonds
195	195	payable from ad valorem taxes.
196	196	(c) The district may not issue bonds payable from ad valorem
197	197	taxes to finance a road project unless the issuance is approved by a
198	198	vote of a two-thirds majority of the district voters voting at an
199	199	election held for that purpose.
200	200	Sec. 8249.202. OPERATION AND MAINTENANCE TAX. (a) If
201	201	authorized at an election held under Section 8249.201, the district
202	202	may impose an operation and maintenance tax on taxable property in
203	203	the district in accordance with Section 49.107, Water Code.
204	204	(b) The board shall determine the tax rate. The rate may not
205	205	exceed the rate approved at the election.
206	206	Sec. 8249.203. CONTRACT TAXES. (a) In accordance with
207	207	Section 49.108, Water Code, the district may impose a tax other than
208	208	an operation and maintenance tax and use the revenue derived from
209	209	the tax to make payments under a contract after the provisions of
210	210	the contract have been approved by a majority of the district voters
211	211	voting at an election held for that purpose.
212	212	(b) A contract approved by the district voters may contain a
213	213	provision stating that the contract may be modified or amended by
214	214	the board without further voter approval.
215	215	[Sections 8249.204-8249.250 reserved for expansion]
216	216	SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
217	217	Sec. 8249.251. AUTHORITY TO ISSUE BONDS AND OTHER
218	218	OBLIGATIONS. The district may issue bonds or other obligations
219	219	payable wholly or partly from ad valorem taxes, impact fees,
220	220	revenue, contract payments, grants, or other district money, or any
221	221	combination of those sources, to pay for any authorized district
222	222	purpose.
223	223	Sec. 8249.252. TAXES FOR BONDS. At the time the district
224	224	issues bonds payable wholly or partly from ad valorem taxes, the
225	225	board shall provide for the annual imposition of a continuing
226	226	direct ad valorem tax, without limit as to rate or amount, while all
227	227	or part of the bonds are outstanding as required and in the manner
228	228	provided by Sections 54.601 and 54.602, Water Code.
229	229	Sec. 8249.253. BONDS FOR ROAD PROJECTS. At the time of
230	230	issuance, the total principal amount of bonds or other obligations
231	231	issued or incurred to finance road projects and payable from ad
232	232	valorem taxes may not exceed one-fourth of the assessed value of the
233	233	real property in the district.
234	234	SECTION 2. The Case Creek Municipal Utility District No. 1
235	235	of Grayson County initially includes all the territory contained in
236	236	the following area:
237	237	TRACT 1
238	238	BEING A 734.245 ACRE TRACT OF LAND SITUATED IN THE PATSY KITCHENS
239	239	SURVEY, ABSTRACT NO. 666, THE RACHEL HANNING SURVEY, ABSTRACT NO.
240	240	547, THE JAMES THOMAS SURVEY, ABSTRACT NO. 1235, THE B.B.B. & C.R.R.
241	241	SURVEY, ABSTRACT NO. 167 AND THE H.L. NOLAND SURVEY, ABSTRACT NO.
242	242	1550, GRAYSON COUNTY, TEXAS AND BEING ALL OF THE FOLLOWING TRACTS OF
243	243	LAND, THAT TRACT OF LAND DESCRIBED IN DEED TO BLUE ISLAND PARTNERS,
244	244	LTD., RECORDED IN VOLUME 4076, PAGE 824, THAT TRACT OF LAND
245	245	DESCRIBED IN DEED TO THE NICID LIMITED PARTNERSHIP, RECORDED IN
246	246	VOLUME 3734, PAGE 246 AND THAT TRACT OF LAND DESCRIBED IN DEED TO
247	247	202 BOREN ROAD PARTNERS, LLC, RECORDED IN VOLUME 4223, PAGE 252 OF
248	248	THE OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS. SAID 734.245
249	249	ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE
250	250	COORDINATES, NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002),
251	251	DETERMINED BY GPS OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND
252	252	JULIAN DAY 259, 2004, CALCULATED FROM COLLIN CORS ARP (PID-DF8982)
253	253	AND DENTON CORS ARP (PID-DF8986),
254	254	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
255	255	BEGINNING AT A 60D NAIL FOUND FOR THE NORTHEAST CORNER OF SAID BLUE
256	256	ISLAND TRACT, SAID NAIL BEING THE SOUTHEAST CORNER OF A TRACT AS
257	257	DESCRIBED IN DEED TO JERRY TODD, FILED JUNE 27, 1977, AND RECORDED
258	258	IN VOLUME 1392 PAGE 797 OF SAID DEED RECORDS, SAID NAIL ALSO BEING
259	259	IN THE WEST LINE OF A TRACT AS DESCRIBED IN DEED TO JEFF JOHNSON AND
260	260	WIFE CARYANN JOHNSON, FILED DECEMBER 05, 2002, AND RECORDED IN
261	261	VOLUME 3363, PAGE 624 OF DEED RECORDS, GRAYSON COUNTY, TEXAS, SAID
262	262	NAIL ALSO BEING AT THE INTERSECTION OF DAVIS ROAD AND MACOMB
263	263	CEMETERY ROAD;
264	264	THENCE, SOUTH 00 DEGREES 41 MINUTES 37 SECONDS EAST, WITH THE EAST
265	265	LINE OF SAID BLUE ISLAND TRACT, AND WITH THE WEST LINE OF SAID
266	266	JOHNSON TRACT, AND ALONG SAID DAVIS ROAD, A DISTANCE OF 1738.20 FEET
267	267	TO A 1/2 INCH STEEL SQUARE TUBING FOUND FOR AN ELL CORNER OF SAID
268	268	BLUE ISLAND TRACT, AND THE SOUTHWEST CORNER OF SAID JOHNSON TRACT,
269	269	AND AT A TURN IN SAID ROAD;
270	270	THENCE, NORTH 88 DEGREES 46 MINUTES 03 SECONDS EAST, WITH A NORTH
271	271	LINE OF SAID BLUE ISLAND TRACT, AND WITH THE SOUTH LINE OF SAID
272	272	JOHNSON TRACT, AND ALONG SAID DAVIS ROAD, A DISTANCE OF 620.31 FEET
273	273	TO A 1/2 INCH STEEL REBAR FOUND FOR THE MOST EASTERLY NORTHEAST
274	274	CORNER OF SAID BLUE ISLAND TRACT, SAID REBAR BEING ON THE SOUTH LINE
275	275	OF SAID JOHNSON TRACT, SAID REBAR BEING THE NORTHWEST CORNER OF A
276	276	TRACT AS DESCRIBED IN DEED TO THE NICID LIMITED PARTNERSHIP, FILED
277	277	SEPTEMBER 22, 2004, AND RECORDED IN VOLUME 3734, PAGE 246, OFFICIAL
278	278	PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID REBAR ALSO BEING IN
279	279	SAID ROAD;
280	280	THENCE, NORTH 89 DEGREES 31 MINUTES 32 SECONDS EAST, WITH THE NORTH
281	281	LINE OF SAID NICID TRACT, AND IN DAVIS ROAD, A DISTANCE OF 2414.87
282	282	FEET TO A 1/2 INCH STEEL SQUARE TUBING FOUND, SAID TUBING BEING THE
283	283	NORTHEAST CORNER OF SAID NICID TRACT, AND THE NORTHWEST CORNER OF A
284	284	TRACT AS DESCRIBED IN DEED TO DIAMOND H RANCH, LP, AND RECORDED IN
285	285	VOLUME 4052, PAGE 184, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,
286	286	TEXAS, SAID TUBING ALSO BEING IN DAVIS ROAD;
287	287	THENCE, SOUTH 00 DEGREES 26 MINUTES 08 SECONDS EAST, WITH THE EAST
288	288	LINE OF SAID NICID TRACT, AND THE WEST LINE OF SAID DIAMOND H TRACT,
289	289	AND PASSING AT 20.34 FEET A PIPE FENCE CORNER POST ON THE SOUTH SIDE
290	290	OF SAID DAVIS ROAD, AND CONTINUING ON SAID COURSE FOR A TOTAL
291	291	DISTANCE OF 2645.90 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC
292	292	CAP STAMPED "CARTER BURGESS" SET FOR AN ELL CORNER OF SAID NICID AND
293	293	DIAMOND H TRACTS;
294	294	THENCE, SOUTH 89 DEGREES 24 MINUTES 16 SECONDS WEST, WITH THE SOUTH
295	295	LINE OF SAID NICID TRACT, A DISTANCE OF 989.63 FEET TO A 5/8 INCH
296	296	IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR AN
297	297	ELL CORNER OF SAID NICID AND DIAMOND H TRACT;
298	298	THENCE, SOUTH 00 DEGREES 31 MINUTES 07 SECONDS EAST, A DISTANCE OF
299	299	614.83 FEET TO A 1/2 INCH STEEL REBAR FOUND FOR A SOUTHEAST CORNER
300	300	OF SAID NICID AND AN ELL CORNER OF SAID DIAMOND H TRACT;
301	301	THENCE, SOUTH 89 DEGREES 38 MINUTES 58 SECONDS WEST, WITH THE
302	302	APPARENT SOUTH LINE OF SAID NICID TRACT, A DISTANCE OF 2189.66 FEET
303	303	TO A POINT CORNER;
304	304	THENCE, SOUTH 00 DEGRESS 58 MINUTES 28 SECONDS WEST, PASSING AT A
305	305	DISTANCE OF 14.49 FEET A 1/2" IRON ROD FOUND AT THE NORTHEAST CORNER
306	306	OF SAID 202 BOREN ROAD PARTNERS TRACT AND THE NORTHWEST CORNER OF
307	307	THAT TRACT OF LAND DESCRIBED IN DEED TO DEWEY MCGILL, JR., RECORDED
308	308	IN VOLUME 2426, PAGE 836, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,
309	309	TEXAS, AND CONTINUING WITH THE EAST LINE OF SAID 202 BOREN ROAD
310	310	PARTNERS TRACT, THE WEST LINE OF SAID MCGILL TRACT, CROSSING THE
311	311	SOUTH LINE OF SAID NOLAND SURVEY AND THE NORTH LINE OF SAID B.B.B. &
312	312	C.R.R. SURVEY, AND CONTINUING FOR A TOTAL DISTANCE OF 2317.78 FEET
313	313	TO A 1/2 INCH IRON ROD FOUND ON THE NORTH LINE OF THAT TRACT OF LAND
314	314	DESCRIBED IN DEED TO DIANE S. MORGAN, RECORDED IN VOLUME 3368, PAGE
315	315	355, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
316	316	THENCE, NORTH 88 DEGRESS 25 MINUTES 06 SECONDS WEST, WITH THE NORTH
317	317	LINES OF SAID DIANE MORGAN TRACT, THE NORTH LINE OF A 20.000 ACRE
318	318	TRACT OF LAND CONVEYED TO GLEN D. MORGAN BY DEED DATED APRIL 11,
319	319	2000, RECORDED IN VOLUME 2914, PAGE 61, OFFICIAL PUBLIC RECORDS,
320	320	GRAYSON COUNTY, TEXAS AND THE SOUTH LINE OF SAID 202 BOREN ROAD
321	321	PARTNERS TRACT, FOR A DISTANCE OF 1627.84 FEET TO A 60D NAIL FOUND
322	322	AT THE SOUTHWEST CORNER OF BOTH SAID B.B.B. & C.R.R. SURVEY AND THE
323	323	SOUTHEAST CORNER OF SAID THOMAS SURVEY, FOR THE MOST SOUTHERLY
324	324	SOUTHWEST CORNER OF SAID 202 BOREN ROAD PARTNERS TRACT AND THE
325	325	SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO TOM W.
326	326	PINGLETON, DATED AUGUST 15, 2006, RECORDED IN VOLUME 4105, PAGE
327	327	811, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS,
328	328	THENCE, NORTH 01 DEGREES 40 MINUTES 41 SECONDS EAST, WITH THE WEST
329	329	LINES OF BOTH SAID B.B.B. & C.R.R. SURVEY, AND SAID 202 BOREN ROAD
330	330	PARTNERS TRACT AND THE EAST LINES OF THE FOLLOWING, SAID THOMAS
331	331	SURVEY, TRACT 1 DESCRIBED IN DEED TO JAMES DOUGLAS SCHULTZ,
332	332	RECORDED IN VOLUME 1646, PAGE 617 DEED RECORDS, GRAYSON COUNTY,
333	333	TEXAS, SAID PINGLETON TRACT, THAT TRACT OF LAND DESCRIBED IN DEED TO
334	334	GINGER BLALOCK, DATED AUGUST 28,1998, RECORDED IN VOLUME 2695, PAGE
335	335	380, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, THAT TRACT OF
336	336	LAND DESCRIBED IN DEED TO JAMES C. BLAKE, ET UX, DATED OCTOBER 9,
337	337	1998, RECORDED IN VOIUME 2709, PAGE 366, OFFICIAL PUBLIC RECORDS,
338	338	GRAYSON COUNTY, TEXAS, THAT TRACT OF LAND DESCRIBED IN DEED TO
339	339	MICHAEL W. WALKER, AND MONIQUE R. WALKER, DATED DECEMBER 22, 2004,
340	340	RECORDED IN VOLUME 3790, PAGE 348, OFFICIAL PUBLIC RECORDS, GRAYSON
341	341	COUNTY, TEXAS AND THAT TRACT OF LAND DESCRIBED IN DEED TO NANCY
342	342	SUSAN PARKER, DATED DECEMBER 1, 1993, RECORDED IN VOLUME 2306, PAGE
343	343	433, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS FOR A DISTANCE
344	344	OF 2132.79 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHEAST CORNER
345	345	OF SAID PARKER TRACT AT AN ELL CORNER OF SAID 202 BOREN ROAD
346	346	PARTNERS TRACT;
347	347	THENCE, NORTH 86 DEGRESS 41 MINUTES 55 SECONDS WEST, WITH THE NORTH
348	348	LINE OF SAID PARKER TRACT, AND A SOUTH LINE OF SAID 202 BOREN ROAD
349	349	PARTNERS TRACT, A DISTANCE OF 1332.93 FEET TO A PK NAIL FOUND FOR
350	350	THE NORTHWEST CORNER OF SAID PARKER TRACT IN THE EAST LINE OF THAT
351	351	TRACT OF LAND DESCRIBED IN DEED TO MYRNA RHEUDASIL, INDIVIDUALLY BY
352	352	DEED DATED APRIL 21, 1992, RECORDED IN VOLUME 2208, PAGE 492,
353	353	OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS IN THE CENTER OF A
354	354	PUBLIC ROAD KNOWN AS BOREN ROAD;
355	355	THENCE NORTH 01 DEGREES, 59 MINUTES 16 SECONDS EAST, WITH THE CENTER
356	356	OF SAID BOREN ROAD, THE WEST LINE OF SAID 202 BOREN ROAD PARTNERS
357	357	TRACT, THE EAST LINE OF SAID RHEUDASIL TRACT FOR A DISTANCE OF
358	358	411.44 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF
359	359	SAID RHEUDASIL TRACT, ON THE NORTH LINE OF SAID THOMAS SURVEY, THE
360	360	SOUTH LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN
361	361	ROAD PARTNERS TRACT;
362	362	THENCE, NORTH 88 DEGRESS 28 MINUTES 34 SECONDS WEST, WITH THE NORTH
363	363	LINE OF BOTH SAID THOMAS SURVEY, AND SAID RHEUDASIL TRACT, THE SOUTH
364	364	LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN ROAD
365	365	PARTNERS TRACT, CONTINUING ALONG SAID BOREN ROAD, FOR A DISTANCE OF
366	366	1333.90 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED
367	367	"CARTER BURGESS" SET AT THE SOUTHWEST CORNER OF BOTH SAID RACHEL
368	368	HANNING SURVEY, AND SAID 202 BOREN ROAD PARTNERS TRACT, THE
369	369	SOUTHEAST CORNER OF THE JAMES M. THOMAS SURVEY, ABSTRACT NO. 1212,
370	370	THE MOST SOUTHERLY SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED
371	371	IN DEED TO CALVIN BLEDSOE, RECORDED IN VOLUME 2546, PAGE 224,
372	372	OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
373	373	THENCE, NORTH 01 DEGRESS 36 MINUTES 58 SECONDS EAST, WITH THE WEST
374	374	LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN ROAD
375	375	PARTNERS TRACT, THE EAST LINE OF SAID JAMES THOMAS SURVEY, ABST. NO.
376	376	1212, AND SAID BLEDSOE TRACT, FOR A DISTANCE OF 1595.82 FEET TO A
377	377	1/2 INCH IRON ROD CAPPED "COX 4577" FOUND AT THE NORTHWEST CORNER OF
378	378	SAID 202 BOREN ROAD PARTNERS TRACT, THE MOST WESTERLY SOUTHWEST
379	379	CORNER OF A 300.43 ACRE TRACT OF LAND DESCRIBED IN DEED TO BLUE
380	380	ISLAND PARTNERS, LTD. BY DEED DATED JUNE 28, 2006, RECORDED IN
381	381	VOLUME 4076, PAGE 824, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,
382	382	TEXAS;
383	383	THENCE, NORTH 01 DEGREES 26 MINUTES 55 SECONDS EAST, WITH THE WEST
384	384	LINE OF SAID BLUE ISLAND TRACT, AND WITH THE EAST LINE OF SAID
385	385	BLEDSOE TRACT, A DISTANCE OF 1631.30 FEET TO A 1/2 INCH IRON ROD
386	386	CAPPED "COX 4577" FOUND FOR THE WESTERN MOST NORTHWEST CORNER OF
387	387	BLUE ISLAND TRACT, AND THE NORTHEAST CORNER OF SAID BLEDSOE TRACT;
388	388	THENCE, NORTH 89 DEGREES 27 MINUTES 39 SECONDS EAST, WITH A NORTH
389	389	LINE OF SAID BLUE ISLAND TRACT, A DISTANCE OF 1676.04 FEET TO A 5/8
390	390	INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET
391	391	FOR AN ELL CORNER OF SAID BLUE ISLAND TRACT, AND THE SOUTHEAST
392	392	CORNER OF A TRACT AS DESCRIBED IN DEED TO NANCY SUSAN PARKER, FILED
393	393	SEPTEMBER 15, 1993, AND RECORDED IN VOLUME 2306 PAGE 433,OFFICIAL
394	394	PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
395	395	THENCE, NORTH 00 DEGREES 18 MINUTES 02 SECONDS WEST, WITH THE WEST
396	396	LINE OF SAID BLUE ISLAND TRACT, AND WITH THE EAST LINE OF SAID
397	397	PARKER TRACT, A DISTANCE OF 1411.57 FEET TO A 5/8 INCH IRON ROD WITH
398	398	YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE NORTHWEST
399	399	CORNER OF SAID BLUE ISLAND TRACT, SAID IRON ROD BEING THE NORTHEAST
400	400	CORNER OF SAID PARKER TRACT, SAID IRON ROD ALSO BEING ON THE SOUTH
401	401	LINE OF SAID BLEDSOE TRACT, SAID IRON ROD BEING IN SAID MACOMB
402	402	CEMETERY ROAD;
403	403	THENCE, SOUTH 88 DEGREES 57 MINUTES 45 SECONDS EAST, WITH THE NORTH
404	404	LINE OF SAID BLUE ISLAND TRACT, ALONG SAID ROAD, PASSING THE
405	405	SOUTHEAST CORNER OF SAID BLEDSOE TRACT, AND THE SOUTHWEST CORNER OF
406	406	SAID TODD TRACT, AND CONTINUING ALONG SAID COURSE, A DISTANCE OF
407	407	2597.18 FEET TO THE POINT OF BEGINNING AND CONTAINING 734.245 ACRES
408	408	OF LAND, MORE OR LESS.
409	409	TRACT 2
410	410	BEING A 558.197 ACRE TRACT OF LAND SITUATED IN THE BURK TRAMMEL
411	411	SURVEY, ABSTRACT NUMBER 1229, GRAYSON COUNTY, TEXAS, SAID 558.132
412	412	ACRE TRACT BEING COMPRISED BY THE TOTAL OF 6 TRACTS OF LAND RECORDED
413	413	IN THE OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, A TRACT OF
414	414	LAND DESCRIBED IN A DEED TO W.P. PELPHREY AND C.F. PELPHREY AS
415	415	RECORDED IN VOLUME 205, PAGE 591, DEED RECORDS, GRAYSON COUNTY,
416	416	TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO W.P. PELPHREY AS
417	417	RECORDED IN VOLUME 234, PAGE 113, DEED RECORDS, GRAYSON COUNTY,
418	418	TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO A.T. PELPHREY AS
419	419	RECORDED IN VOLUME 129, PAGE 171, DEED RECORDS, GRAYSON COUNTY,
420	420	TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO JACK M. DECORDOVA AND
421	421	WIFE FRANCES M. DECORDOVA AS RECORDED IN VOLUME 1280, PAGE 29, DEED
422	422	RECORDS, GRAYSON COUNTY, TEXAS, A TRACT OF LAND DESCRIBED IN A DEED
423	423	TO C.F. PELPHREY AS RECORDED IN VOLUME 550, PAGE 399, DEED RECORDS,
424	424	GRAYSON COUNTY, TEXAS, AND A TRACT OF LAND DESCRIBED IN A DEED TO
425	425	W.P. PELPHREY AS RECORDED IN VOLUME 234, PAGE 113, DEED RECORDS,
426	426	GRAYSON COUNTY, TEXAS, SAID 558.197 ACRE TRACT WITH BEARING BASIS
427	427	BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL
428	428	ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS
429	429	OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004,
430	430	CALCULATED FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP
431	431	(PID-DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
432	432	AS FOLLOWS:
433	433	BEGINNING AT A P.K. NAIL SET FOR THE NORTHWEST CORNER OF SAID W.P.
434	434	PELPHREY AND C.F. PELPHREY TRACT, SAME POINT BEING IN THE
435	435	APPROXIMATE INTERSECTION OF SOUTHMAYD ROAD (AN APPARENT
436	436	PERSCRIPTIVE RIGHT OF WAY) WITH MCGEEHE ROAD (AN APPARENT
437	437	PERSCRIPTIVE RIGHT OF WAY);
438	438	THENCE, SOUTH 88 DEGREES 22 MINUTES 04 SECONDS EAST, IN SAID
439	439	SOUTHMAYD ROAD, A DISTANCE OF 2563.72 FEET TO A P.K. NAIL FOUND FOR
440	440	THE NORTHWEST CORNER OF THE AFOREMENTIONED W.P. PELPHREY TRACT
441	441	DESCRIBED IN VOLUME 234 AT PAGE 113, DEED RECORDS, GRAYSON COUNTY,
442	442	TEXAS FOR AN ANGLE POINT;
443	443	THENCE, SOUTH 88 DEGREES 29 MINUTES 07 SECONDS EAST, CONTINUING IN
444	444	SAID ROAD, FOR A DISTANCE OF 1926.86 FEET TO A P.K. NAIL SET FOR THE
445	445	NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AND THE NORTHWEST
446	446	CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO GLEN D.
447	447	MORGAN AS RECORDED IN VOLUME 2752, PAGE 321, OFFICIAL PUBLIC
448	448	RECORDS, GRAYSON COUNTY, TEXAS
449	449	THENCE, SOUTH 00 DEGREES 58 MINUTES 51 SECONDS WEST, WITH THE WEST
450	450	LINE OF SAID MORGAN TRACT AND ALONG A FENCE LINE AT A DISTANCE
451	451	3314.73 PASSING A 1/2" IRON ROD FOR THE SOUTHWEST CORNER OF SAID
452	452	MORGAN TRACT, THE SAME BEING THE NORTHWEST CORNER OF THAT CERTAIN
453	453	TRACT OF LAND DESCRIBED IN A DEED TO LOY RODERICK MAYFIELD AS
454	454	RECORDED IN VOLUME 2889, PAGE 672 OF THE OFFICIAL PUBLIC RECORDS,
455	455	GRAYSON COUNTY, TEXAS AND WITH THE WEST LINE OF SAID MAYFIELD TRACT
456	456	FOR A TOTAL DISTANCE 5469.03 FEET TO A 5/8" IRON ROD WITH YELLOW
457	457	PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER THE SAME BEING
458	458	THE SOUTHEAST CORNER OF THE AFOREMENTIONED JACK M. DECORDOVA TRACT;
459	459	THENCE, NORTH 88 DEGREES 58 MINUTES 51 SECONDS WEST, WITH THE SOUTH
460	460	LINE OF SAID JACK M. DECORDOVA TRACT, IN BATES ROAD (AN APPARENT
461	461	PERSCRIPTIVE RIGHT OF WAY) FOR A DISTANCE OF 2596.11 FEET TO A 1/2"
462	462	CAPPED IRON ROD FOUND STAMPED "SARTIN" FOR CORNER IN THE EAST LINE
463	463	OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO CHALLENGE MOTOR
464	464	SPORTS AS RECORDED IN VOLUME 4224, PAGE 225, OFFICIAL PUBLIC
465	465	RECORDS, GRAYSON COUNTY, TEXAS;
466	466	THENCE, NORTH 00 DEGREES 40 MINUTES 14 SECONDS WEST, AT TIMES WITHIN
467	467	SAID BATES ROAD, A DISTANCE OF 248.68 FEET A 5/8" IRON ROD WITH
468	468	YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER AND
469	469	BEING THE SOUTHEAST CORNER OF THE AFOREMENTIONED C.F. PELPHREY
470	470	TRACT;
471	471	THENCE, NORTH 88 DEGREES 23 MINUTES 47 SECONDS WEST, WITH THE SOUTH
472	472	LINE OF SAID C.F. PHELPHREY TRACT AND GENERALLY ALONG SAID BATES
473	473	ROAD A DISTANCE OF 1944.93 FEET TO A P.K. NAIL SET FOR CORNER AT THE
474	474	INTERSECTION OF SAID BATES ROAD WITH RICE ROAD (AN APPARENT
475	475	PERSCRIPTIVE RIGHT OF WAY) THE SAME BEING THE SOUTHWEST CORNER OF
476	476	SAID C.F. PELPHREY TRACT;
477	477	THENCE NORTH 01 DEGREES 36 MINUTES 42 SECONDS EAST, WITH THE WEST
478	478	LINE OF SAID PELPHREY TRACTS, AND GENERALLY ALONG SAID RICE AND
479	479	SOUTHMAYD ROADS, A DISTANCE OF 5245.00 FEET TO THE POINT OF
480	480	BEGINNING, CONTAINING 558.197 ACRES OR OF LAND MORE OR LESS.
481	481	TRACT 3
482	482	BEING A 185.677 ACRE TRACT OF LAND SITUATED IN THE SAMUEL GILMAN
483	483	SURVEY, ABSTRACT NO. 456, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A
484	484	185.677 ACRE TRACT OF LAND, CONVEYED TO WALTON TEXAS, L.P. BY DEED
485	485	RECORDED IN VOLUME 4782, PAGE 760, OFFICIAL PUBLIC RECORDS, GRAYSON
486	486	COUNTY, TEXAS, SAID 185.677 ACRE TRACT, WITH BEARING BASIS BEING
487	487	GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE,
488	488	NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS
489	489	BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED
490	490	FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP (PID-DF8986),
491	491	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
492	492	BEGINNING AT A 1/2" IRON ROD FOND AT THE MOST WESTERLY SOUTHWEST
493	493	CORNER OF SAID 185.677 ACRE TRACT, SAID POINT BEING ON THE EAST
494	494	RIGHT-OF-WAY LINE OF F.M. HIGHWAY NO. 902 (A 100' RIGHT OF WAY);
495	495	THENCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS WEST, ALONG SAID EAST
496	496	RIGHT OF WAY LINE, A DISTANCE OF 996.90 FEET TO A 60D NAIL FOUND FOR
497	497	CORNER NEAR THE CENTER LINE OF A PUBLIC ROAD;
498	498	THENCE, NORTH 88 DEGREES 59 MINUTES 45 SECONDS EAST, WITH THE
499	499	GENERAL DIRECTION OF SAID CENTERLINE OF SAID PUBLIC ROAD, A
500	500	DISTANCE OF 839.41 FEET TO A 1/2" IRON ROD WITH YELLOW PLASTIC CAP
501	501	STAMPED "RPLS 5433" FOUND FOR AND ELL CORNER OF SAID 185.677 ACRE
502	502	TRACT, SAID POINT BEING ON THE WEST LINE OF A 51.465 ACRE TRACT OF
503	503	LAND CONVEYED BY DEED TO CHALLENGE MOTOR SPORTS, L.P., RECORDED IN
504	504	VOLUME 4224, PAGE 225, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,
505	505	TEXAS;
506	506	THENCE, SOUTH 01 DEGREES 09 MINUTES 35 SECONDS WEST, ALONG SAID WEST
507	507	LINE, A DISTANCE OF 18.26 FEET TO A 1/2" IRON ROD FOUND FOR AN ELL
508	508	CORNER OF SAID 185.677 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF
509	509	SAID 51.465 ACRE TRACT;
510	510	THENCE, NORTH 87 DEGREES 42 MINUTES 40 SECONDS EAST, ALONG THE NORTH
511	511	LINE OF SAID 185.677 ACRE TRACT AND THE SOUTH LINE OF SAID 51.465
512	512	ACRE TRACT, A DISTANCE OF 1953.64 FEET TO A 1/2" IRON ROD FOUND FOR
513	513	CORNER;
514	514	THENCE, NORTH 88 DEGREES 42 MINUTES 58 SECONDS EAST, CONTINUING
515	515	ALONG SAID NORTH LINE OF 185.677 ACRE TRACT, A DISTANCE OF 664.80
516	516	FEET TO A 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433"
517	517	FOUND FOR THE NORTHEAST CORNER OF SAID 185.677 ACRE TRACT, SAID
518	518	POINT BEING THE ELL CORNER OF A 10.001 ACRE TRACT CONVEYED TO JESSE
519	519	WHITTINGTON, RECORDED IN VOLUME 4272, PAGE 659, OFFICIAL PUBLIC
520	520	RECORDS, GRAYSON COUNTY, TEXAS;
521	521	THENCE, ALONG THE EAST LINE OF SAID 185.677 ACRE TRACT, THE
522	522	FOLLOWING COURSES AND DISTANCES
523	523	SOUTH 00 DEGREES 27 MINUTES 48 SECONDS EAST, ALONG THE WEST
524	524	LINE OF SAID 10.001 ACRE TRACT, A DISTANCE OF 413.59 FEET TO A
525	525	1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433"
526	526	FOUND FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF
527	527	SAID 10.001 ACRE TRACT AND THE NORTHWEST CORNER OF A 136.85
528	528	ACRE TRACT OF LAND CONVEYED BY DEED TO SUTTER INVESTMENTS,
529	529	L.P., RECORDED IN VOLUME 4224, PAGE 231, OFFICIAL PUBLIC
530	530	RECORDS, GRAYSON COUNTY, TEXAS;
531	531	SOUTH 00 DEGREES 46 MINUTES 35 SECONDS EAST, ALONG THE WEST
532	532	LINE OF SAID 136.85 ACRE TRACT, A DISTANCE OF 2334.85 FEET TO
533	533	A 1" IRON PIPE FOUND FOR CORNER, SAID POINT BEING THE
534	534	SOUTHWEST CORNER OF SAID 136.85 ACRE TRACT AND THE NORTHWEST
535	535	CORNER OF 15.00 ACRE TRACT OF LAND CONVEYED BY DEED TO BILLY
536	536	LYNN, RECORDED IN VOLUME 1462, PAGE 390, DEED RECORDS,
537	537	GRAYSON COUNTY, TEXAS;
538	538	SOUTH 00 DEGREES 04 MINUTES 17 SECONDS WEST, ALONG THE WEST
539	539	LINE OF SAID 15.00 ACRE TRACT, A DISTANCE OF 510.69 FEET TO A
540	540	1/2" SQUARE IRON ROD FOUND FOR CORNER, SAID POINT BEING THE
541	541	SOUTHWEST CORNER OF SAID 15.00 ACRE TRACT AND THE NORTHWEST
542	542	CORNER OF A 16.866 ACRE TRACT OF LAND CONVEYED BY DEED TO
543	543	JAMES D. HOOVER, RECORDED IN VOLUME 3245, PAGE 578, OFFICIAL
544	544	PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT ALSO LYING
545	545	NEAR THE CENTER OF A PUBLIC ROAD KNOWN AS COBLER ROAD;
546	546	SOUTH 00 DEGREES 23 MINUTES 38 SECONDS EAST, ALONG THE WEST
547	547	LINE OF SAID 16.866 ACRE TRACT AND WITH THE GENERAL DIRECTION
548	548	OF THE CENTERLINE OF COBLER ROAD, A DISTANCE OF 407.48 FEET TO
549	549	A 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433"
550	550	FOUND FOR THE SOUTHWEST CORNER OF SAID 185.677 ACRE TRACT,
551	551	SAID POINT BEING AT THE INTERSECTION OF SAID COBLER ROAD AND A
552	552	PUBLIC ROAD KNOWN AS MINNIS ROAD;
553	553	THENCE, SOUTH 89 DEGREES 02 MINUTES 11 SECONDS WEST, ALONG THE SOUTH
554	554	LINE OF SAID 185.677 ACRE TRACT AND WITH THE GENERAL DIRECTION OF
555	555	SAID COBLER ROAD, A DISTANCE OF 1748.05 FEET TO A 1/2" IRON ROD
556	556	FOUND FOR CORNER; THE SOUTHWEST CORNER OF SAID 185.677 ACRE TRACT
557	557	AND THE SOUTHEAST CORNER OF A 33.04 ACRE TRACT OF LAND CONVEYED BY
558	558	DEED TO THOMAS W. BYROM, SR., RECORDED IN 3117, PAGE 40, OFFICIAL
559	559	PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
560	560	THENCE, NORTH 00 DEGREES 49 MINUTES 46 SECONDS WEST, ALONG THE
561	561	COMMON WEST LINE OF SAID 185.677 ACRE TRACT AND THE EAST LINE OF
562	562	SAID 33.04 ACRE TRACT, A DISTANCE OF 2562.49 FEET TO A 1/2" IRON ROD
563	563	FOUND FOR THE NORTHEAST CORNER OF SAID 33.04 ACRE TRACT AND THE
564	564	SOUTHEAST CORNER OF A 12.352 ACRE TRACT OF LAND CONVEYED BY DEED TO
565	565	THE MILDRED L. BROWN REVOCABLE TRUST, RECORDED IN VOLUME 3194, PAGE
566	566	344, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
567	567	THENCE, NORTH 01 DEGREES 43 MINUTES 38 SECONDS WEST, CONTINUING
568	568	ALONG THE WEST LINE OF SAID 185.677 ACRE TRACT AND THE COMMON EAST
569	569	LINE OF SAID 12.352 ACRE TRACT, A DISTANCE OF 103.58 FEET TO A 1/2"
570	570	IRON ROD FOUND FOR AND INTERIOR ELL CORNER OF SAID 185.677 ACRE
571	571	TRACT AND THE NORTHEAST CORNER OF SAID 12.352 ACRE TRACT;
572	572	THENCE, SOUTH 88 DEGREES 06 MINUTES 00 SECONDS WEST, ALONG THE
573	573	COMMON SOUTH LINE OF SAID 185.677 ACRE TRACT AND THE NORTH LINE OF
574	574	SAID 12.352 ACRE TRACT, A DISTANCE OF 1695.09 FEET; TO THE POINT OF
575	575	BEGINNING AND CONTAINING 185.677 ACRES LAND, MORE OR LESS.
576	576	TRACT 4
577	577	BEING A 207.484 ACRE TRACT OF LAND SITUATED IN THE SAMUEL GILMAN
578	578	SURVEY, ABSTRACT NO. 456 AND THE S. PRATHER SURVEY, ABSTRACT NO.
579	579	934, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A 207.51 ACRE TRACT OF
580	580	LAND, CONVEYED AS TRACT 1 TO WALTON TEXAS, L.P., BY DEED RECORDED IN
581	581	VOLUME 4861, PAGE 258, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,
582	582	TEXAS, SAID 207.484 ACRE TRACT, WITH BEARING BASIS BEING GRID
583	583	NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83
584	584	(CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS BETWEEN
585	585	JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED FROM
586	586	COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP (PID-DF8986),
587	587	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
588	588	BEGINNING AT A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID
589	589	207.484 ACRE TRACT, SAID POINT BEING THE NORTHEAST CORNER OF A
590	590	130.028 ACRE TRACT OF LAND CONVEYED BY DEED TO LITTLE CREEK
591	591	INVESTMENTS, L.P., RECORDED IN VOLUME 3751, PAGE 802, OFFICIAL
592	592	PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT BEING ON THE WEST
593	593	LINE OF F.M. HIGHWAY NO. 902 (A 100 FOOT RIGHT-OF-WAY) AND IN A
594	594	PUBLIC ROAD KNOWN AS SPRING CREEK ROAD;
595	595	THENCE, SOUTH 89 DEGREES 47 MINUTES 51 SECONDS WEST, ALONG THE
596	596	COMMON SOUTH LINE OF SAID 207.484 ACRE TRACT AND THE NORTH LINE OF
597	597	SAID 130.028 ACRE TRACT, A DISTANCE OF 1751.93 FEET TO A 1/2" IRON
598	598	ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 3688" FOUND FOR THE
599	599	SOUTHWEST CORNER OF SAID 207.484 ACRE TRACT AND THE SOUTHEAST
600	600	CORNER OF A 20.992 ACRE TRACT OF LAND CONVEYED BY DEED TO JOHN
601	601	DANIEL BROWN JR. AND TWALLA Y. BROWN RECORDED IN VOLUME 4292, PAGE
602	602	423, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
603	603	THENCE, NORTH 00 DEGREES 57 MINUTES 18 SECONDS EAST, ALONG THE
604	604	COMMON WEST LINE OF SAID 207.484 ACRE TRACT AND THE EAST LINE OF
605	605	SAID 20.992 ACRE TRACT, A DISTANCE OF 880.65 FEET TO A 1/2" IRON ROD
606	606	WITH FOUND FOR AN INTERIOR ELL CORNER OF SAID 207.484 ACRE TRACT AND
607	607	THE NORTHEAST CORNER OF SAID 20.992 ACRE TRACT;
608	608	THENCE, SOUTH 88 DEGREES 18 MINUTES 15 SECONDS WEST, ALONG THE
609	609	COMMON SOUTH LINE OF SAID 207.484 ACRE TRACT AND THE NORTH LINE OF
610	610	SAID 20.992 ACRE TRACT AND THE NORTH LINES OF A 9.000 ACRE TRACT OF
611	611	LAND CONVEYED BY DEED TO JONATHAN L. HACKETT, RECORDED IN VOLUME
612	612	3909, PAGE 579, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; A
613	613	5.334 ACRE TRACT OF LAND CONVEYED BY DEED TO TIMOTHY A GARBACIK AND
614	614	DEBBIE J. GARBACIK RECORDED IN VOLUME 3570, PAGE 885, OFFICIAL
615	615	PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; AND A 13.000 ACRE TRACT OF
616	616	LAND CONVEYED BY DEED TO DOYLE ALAN COULTER, RECORDED IN VOLUME
617	617	3356, PAGE 501, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; A
618	618	DISTANCE OF 2631.70 FEET TO A 1/2" IRON ROD FOUND FOR THE SOUTHWEST
619	619	CORNER OF SAID 207.484 ACRE TRACT AND THE NORTHWEST CORNER OF SAID
620	620	13.000 ACRE TRACT AND BEING ON THE EAST LINE OF A TRACT OF LAND
621	621	CONVEYED BY WILL TO NANCY L. LINDSAY, RECORDED IN VOLUME 4039, PAGE
622	622	877, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
623	623	THENCE, NORTH 01 DEGREES 06 MINUTES 22 SECONDS EAST, ALONG THE
624	624	COMMON WEST LINE OF SAID 207.484 ACRE TRACT AND THE EAST LINE OF
625	625	SAID LINDSAY TRACT, A DISTANCE OF 518.13 FEET TO A 60D NAIL FOUND IN
626	626	FENCE POST FOR A NORTHWEST CORNER OF SAID 207.484 ACRE TRACT AND
627	627	BEING THE SOUTHWEST CORNER OF A 78.974 ACRE TRACT OF LAND CONVEYED
628	628	BY DEED TO TOW W. PINGLETON RECORDED IN VOLUME 4042, PAGE 73,
629	629	OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
630	630	THENCE, SOUTH 89 DEGREES 59 MINUTES 22 SECONDS EAST, ALONG THE
631	631	COMMON NORTH LINE OF SAID 78.974 ACRE TRACT, A DISTANCE OF 409.90
632	632	FEET TO A 1/2" IRON ROD FOUND FOR AND INTERIOR ELL CORNER OF SAID
633	633	207.484 ACRE TRACT AND THE SOUTHEAST CORNER OF SAID 78.974 ACRE
634	634	TRACT;
635	635	THENCE, NORTH 01 DEGREES 11 MINUTES 10 SECONDS EAST, ALONG THE
636	636	COMMON WEST LINE OF SAID 207.484 TRACT AND THE EAST LINE OF SAID
637	637	78.974 ACRE TRACT, A DISTANCE OF 1352.83 FEET TO A 1/2" IRON ROD
638	638	WITH PLASTIC CAP STAMPED "COX4577" FOUND FOR THE NORTHWEST CORNER
639	639	OF SAID 207.484 ACRE TRACT;
640	640	THENCE, NORTH 88 DEGREES 22 MINUTES 08 SECONDS EAST, ALONG THE NORTH
641	641	LINE OF SAID 207.484 ACRE TRACT, A DISTANCE OF 3816.13 FEET TO A
642	642	5/8" IRON ROD WITH PLASTIC CAP STAMPED "PEISER SUR" FOUND FOR THE
643	643	NORTHEAST CORNER OF SAID 207.484 ACRE TRACT, SAID POINT BEING ON THE
644	644	AFORESAID WEST LINE OF F.M. HIGHWAY 902 AND BEING THE BEGINNING OF A
645	645	NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 16 DEGREES
646	646	45 MINUTES 31 SECONDS, A RADIUS OF 1860.00 FEET, AND A LONG CHORD
647	647	THAT BEARS SOUTH 08 DEGREES 38 MINUTES 43 SECONDS EAST, A DISTANCE
648	648	OF 542.10 FEET;
649	649	THENCE, ALONG SAID NON-TANGENT CURVE TO THE RIGHT AND THE COMMON
650	650	EAST LINE OF SAID 207.484 ACRE TRACT AND SAID WEST LINE OF F.M.
651	651	HIGHWAY 902, AN ARC DISTANCE OF 544.04 FEET TO A 5/8" IRON ROD WITH
652	652	PLASTIC CAP STAMPED "PEISER SUR" FOUND FOR CORNER;
653	653	THENCE, SOUTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, CONTINUING
654	654	ALONG SAID COMMON LINE, A DISTANCE OF 2239.76 FEET TO THE POINT OF
655	655	BEGINNING AND CONTAINING 207.484 ACRES LAND, MORE OR LESS.
656	656	SECTION 3. (a) The legal notice of the intention to
657	657	introduce this Act, setting forth the general substance of this
658	658	Act, has been published as provided by law, and the notice and a
659	659	copy of this Act have been furnished to all persons, agencies,
660	660	officials, or entities to which they are required to be furnished
661	661	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
662	662	Government Code.
663	663	(b) The governor, one of the required recipients, has
664	664	submitted the notice and Act to the Texas Commission on
665	665	Environmental Quality.
666	666	(c) The Texas Commission on Environmental Quality has filed
667	667	its recommendations relating to this Act with the governor, the
668	668	lieutenant governor, and the speaker of the house of
669	669	representatives within the required time.
670	670	(d) All requirements of the constitution and laws of this
671	671	state and the rules and procedures of the legislature with respect
672	672	to the notice, introduction, and passage of this Act are fulfilled
673	673	and accomplished.
674	674	SECTION 4. (a) Section 8249.106, Special District Local
675	675	Laws Code, as added by Section 1 of this Act, takes effect only if
676	676	this Act receives a two-thirds vote of all the members elected to
677	677	each house.
678	678	(b) If this Act does not receive a two-thirds vote of all the
679	679	members elected to each house, Subchapter C, Chapter 8249, Special
680	680	District Local Laws Code, as added by Section 1 of this Act, is
681	681	amended by adding Section 8249.106 to read as follows:
682	682	Sec. 8249.106. NO EMINENT DOMAIN POWER. The district may
683	683	not exercise the power of eminent domain.
684	684	(c) This section is not intended to be an expression of a
685	685	legislative interpretation of the requirements of Section 17(c),
686	686	Article I, Texas Constitution.
687	687	SECTION 5. Except as provided by Section 4 of this Act, this
688	688	Act takes effect September 1, 2011.