82R5268 SGA-F
By: Phillips H.B. No. 1524
A BILL TO BE ENTITLED
relating to the creation of the Case Creek Municipal Utility
District No. 1 of Grayson County; providing authority to impose a
tax and issue bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8249 to read as follows:
CHAPTER 8249. CASE CREEK MUNICIPAL UTILITY DISTRICT NO. 1 OF
GRAYSON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8249.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Case Creek Municipal Utility
District No. 1 of Grayson County.
Sec. 8249.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8249.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8249.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8249.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8249.006-8249.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8249.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8249.052, directors serve
staggered four-year terms.
Sec. 8249.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2011, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8249.003; or
(2) September 1, 2015.
(c) If permanent directors have not been elected under
Section 8249.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8249.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
[Sections 8249.053-8249.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8249.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8249.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8249.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8249.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8249.105. COSTS OF ROAD PROJECT. The district shall
bear the cost of maintaining, improving, operating, and repairing a
road located in the district and authorized by Section 8249.103 in
accordance with all applicable ordinances and rules of the
political subdivision authorized to exercise jurisdiction over the
road, regardless of whether the district conveys the road to this
state, a county, or a municipality.
Sec. 8249.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8249.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8249.107. LIMITATION ON WATER SUPPLY AND WASTEWATER
SERVICES; USE OF DISTRICT FACILITIES BY TWO WAY SPECIAL UTILITY
DISTRICT. (a) The district may not act as a retail provider of
water or wastewater services in the district except as provided by
this section.
(b) Except as provided by Subsection (c), the district shall
convey or otherwise assign the district's water supply facilities
and wastewater facilities to Two Way Special Utility District.
(c) If Two Way Special Utility District refuses or is unable
to provide water supply or wastewater service to customers located
in the district, the district may retain the necessary facilities
and provide water supply or wastewater service, as applicable, to
those customers.
[Sections 8249.108-8249.150 reserved for expansion]
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8249.151. DIVISION OF DISTRICT; PREREQUISITES. The
district may be divided into two or more new districts only if the
district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
Sec. 8249.152. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 8249.153. LIMITATION ON AREA OF NEW DISTRICT. A new
district created by the division of the district may not, at the
time the new district is created, contain any land outside the area
described by Section 2 of the Act enacting this chapter.
Sec. 8249.154. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by the owner or owners
of a majority of the assessed value of the real property in the
district, may adopt an order dividing the district.
(b) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8249.003 to confirm the district's creation.
(c) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(d) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
Sec. 8249.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
A new district created by the division of the district shall hold a
confirmation and directors' election as required by Section
8249.003.
(b) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
Sec. 8249.156. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a maintenance tax
or issue bonds payable wholly or partly from ad valorem taxes, the
new district must hold an election as required by this chapter to
obtain voter approval.
[Sections 8249.157-8249.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8249.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8249.203.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8249.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8249.201, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8249.203. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8249.204-8249.250 reserved for expansion]
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8249.251. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8249.252. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8249.253. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Case Creek Municipal Utility District No. 1
of Grayson County initially includes all the territory contained in
the following area:
TRACT 1
BEING A 734.245 ACRE TRACT OF LAND SITUATED IN THE PATSY KITCHENS
SURVEY, ABSTRACT NO. 666, THE RACHEL HANNING SURVEY, ABSTRACT NO.
547, THE JAMES THOMAS SURVEY, ABSTRACT NO. 1235, THE B.B.B. & C.R.R.
SURVEY, ABSTRACT NO. 167 AND THE H.L. NOLAND SURVEY, ABSTRACT NO.
1550, GRAYSON COUNTY, TEXAS AND BEING ALL OF THE FOLLOWING TRACTS OF
LAND, THAT TRACT OF LAND DESCRIBED IN DEED TO BLUE ISLAND PARTNERS,
LTD., RECORDED IN VOLUME 4076, PAGE 824, THAT TRACT OF LAND
DESCRIBED IN DEED TO THE NICID LIMITED PARTNERSHIP, RECORDED IN
VOLUME 3734, PAGE 246 AND THAT TRACT OF LAND DESCRIBED IN DEED TO
202 BOREN ROAD PARTNERS, LLC, RECORDED IN VOLUME 4223, PAGE 252 OF
THE OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS. SAID 734.245
ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE
COORDINATES, NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002),
DETERMINED BY GPS OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND
JULIAN DAY 259, 2004, CALCULATED FROM COLLIN CORS ARP (PID-DF8982)
AND DENTON CORS ARP (PID-DF8986),
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 60D NAIL FOUND FOR THE NORTHEAST CORNER OF SAID BLUE
ISLAND TRACT, SAID NAIL BEING THE SOUTHEAST CORNER OF A TRACT AS
DESCRIBED IN DEED TO JERRY TODD, FILED JUNE 27, 1977, AND RECORDED
IN VOLUME 1392 PAGE 797 OF SAID DEED RECORDS, SAID NAIL ALSO BEING
IN THE WEST LINE OF A TRACT AS DESCRIBED IN DEED TO JEFF JOHNSON AND
WIFE CARYANN JOHNSON, FILED DECEMBER 05, 2002, AND RECORDED IN
VOLUME 3363, PAGE 624 OF DEED RECORDS, GRAYSON COUNTY, TEXAS, SAID
NAIL ALSO BEING AT THE INTERSECTION OF DAVIS ROAD AND MACOMB
CEMETERY ROAD;
THENCE, SOUTH 00 DEGREES 41 MINUTES 37 SECONDS EAST, WITH THE EAST
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE WEST LINE OF SAID
JOHNSON TRACT, AND ALONG SAID DAVIS ROAD, A DISTANCE OF 1738.20 FEET
TO A 1/2 INCH STEEL SQUARE TUBING FOUND FOR AN ELL CORNER OF SAID
BLUE ISLAND TRACT, AND THE SOUTHWEST CORNER OF SAID JOHNSON TRACT,
AND AT A TURN IN SAID ROAD;
THENCE, NORTH 88 DEGREES 46 MINUTES 03 SECONDS EAST, WITH A NORTH
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE SOUTH LINE OF SAID
JOHNSON TRACT, AND ALONG SAID DAVIS ROAD, A DISTANCE OF 620.31 FEET
TO A 1/2 INCH STEEL REBAR FOUND FOR THE MOST EASTERLY NORTHEAST
CORNER OF SAID BLUE ISLAND TRACT, SAID REBAR BEING ON THE SOUTH LINE
OF SAID JOHNSON TRACT, SAID REBAR BEING THE NORTHWEST CORNER OF A
TRACT AS DESCRIBED IN DEED TO THE NICID LIMITED PARTNERSHIP, FILED
SEPTEMBER 22, 2004, AND RECORDED IN VOLUME 3734, PAGE 246, OFFICIAL
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID REBAR ALSO BEING IN
SAID ROAD;
THENCE, NORTH 89 DEGREES 31 MINUTES 32 SECONDS EAST, WITH THE NORTH
LINE OF SAID NICID TRACT, AND IN DAVIS ROAD, A DISTANCE OF 2414.87
FEET TO A 1/2 INCH STEEL SQUARE TUBING FOUND, SAID TUBING BEING THE
NORTHEAST CORNER OF SAID NICID TRACT, AND THE NORTHWEST CORNER OF A
TRACT AS DESCRIBED IN DEED TO DIAMOND H RANCH, LP, AND RECORDED IN
VOLUME 4052, PAGE 184, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,
TEXAS, SAID TUBING ALSO BEING IN DAVIS ROAD;
THENCE, SOUTH 00 DEGREES 26 MINUTES 08 SECONDS EAST, WITH THE EAST
LINE OF SAID NICID TRACT, AND THE WEST LINE OF SAID DIAMOND H TRACT,
AND PASSING AT 20.34 FEET A PIPE FENCE CORNER POST ON THE SOUTH SIDE
OF SAID DAVIS ROAD, AND CONTINUING ON SAID COURSE FOR A TOTAL
DISTANCE OF 2645.90 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC
CAP STAMPED "CARTER BURGESS" SET FOR AN ELL CORNER OF SAID NICID AND
DIAMOND H TRACTS;
THENCE, SOUTH 89 DEGREES 24 MINUTES 16 SECONDS WEST, WITH THE SOUTH
LINE OF SAID NICID TRACT, A DISTANCE OF 989.63 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR AN
ELL CORNER OF SAID NICID AND DIAMOND H TRACT;
THENCE, SOUTH 00 DEGREES 31 MINUTES 07 SECONDS EAST, A DISTANCE OF
614.83 FEET TO A 1/2 INCH STEEL REBAR FOUND FOR A SOUTHEAST CORNER
OF SAID NICID AND AN ELL CORNER OF SAID DIAMOND H TRACT;
THENCE, SOUTH 89 DEGREES 38 MINUTES 58 SECONDS WEST, WITH THE
APPARENT SOUTH LINE OF SAID NICID TRACT, A DISTANCE OF 2189.66 FEET
TO A POINT CORNER;
THENCE, SOUTH 00 DEGRESS 58 MINUTES 28 SECONDS WEST, PASSING AT A
DISTANCE OF 14.49 FEET A 1/2" IRON ROD FOUND AT THE NORTHEAST CORNER
OF SAID 202 BOREN ROAD PARTNERS TRACT AND THE NORTHWEST CORNER OF
THAT TRACT OF LAND DESCRIBED IN DEED TO DEWEY MCGILL, JR., RECORDED
IN VOLUME 2426, PAGE 836, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,
TEXAS, AND CONTINUING WITH THE EAST LINE OF SAID 202 BOREN ROAD
PARTNERS TRACT, THE WEST LINE OF SAID MCGILL TRACT, CROSSING THE
SOUTH LINE OF SAID NOLAND SURVEY AND THE NORTH LINE OF SAID B.B.B. &
C.R.R. SURVEY, AND CONTINUING FOR A TOTAL DISTANCE OF 2317.78 FEET
TO A 1/2 INCH IRON ROD FOUND ON THE NORTH LINE OF THAT TRACT OF LAND
DESCRIBED IN DEED TO DIANE S. MORGAN, RECORDED IN VOLUME 3368, PAGE
355, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, NORTH 88 DEGRESS 25 MINUTES 06 SECONDS WEST, WITH THE NORTH
LINES OF SAID DIANE MORGAN TRACT, THE NORTH LINE OF A 20.000 ACRE
TRACT OF LAND CONVEYED TO GLEN D. MORGAN BY DEED DATED APRIL 11,
2000, RECORDED IN VOLUME 2914, PAGE 61, OFFICIAL PUBLIC RECORDS,
GRAYSON COUNTY, TEXAS AND THE SOUTH LINE OF SAID 202 BOREN ROAD
PARTNERS TRACT, FOR A DISTANCE OF 1627.84 FEET TO A 60D NAIL FOUND
AT THE SOUTHWEST CORNER OF BOTH SAID B.B.B. & C.R.R. SURVEY AND THE
SOUTHEAST CORNER OF SAID THOMAS SURVEY, FOR THE MOST SOUTHERLY
SOUTHWEST CORNER OF SAID 202 BOREN ROAD PARTNERS TRACT AND THE
SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO TOM W.
PINGLETON, DATED AUGUST 15, 2006, RECORDED IN VOLUME 4105, PAGE
811, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS,
THENCE, NORTH 01 DEGREES 40 MINUTES 41 SECONDS EAST, WITH THE WEST
LINES OF BOTH SAID B.B.B. & C.R.R. SURVEY, AND SAID 202 BOREN ROAD
PARTNERS TRACT AND THE EAST LINES OF THE FOLLOWING, SAID THOMAS
SURVEY, TRACT 1 DESCRIBED IN DEED TO JAMES DOUGLAS SCHULTZ,
RECORDED IN VOLUME 1646, PAGE 617 DEED RECORDS, GRAYSON COUNTY,
TEXAS, SAID PINGLETON TRACT, THAT TRACT OF LAND DESCRIBED IN DEED TO
GINGER BLALOCK, DATED AUGUST 28,1998, RECORDED IN VOLUME 2695, PAGE
380, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, THAT TRACT OF
LAND DESCRIBED IN DEED TO JAMES C. BLAKE, ET UX, DATED OCTOBER 9,
1998, RECORDED IN VOIUME 2709, PAGE 366, OFFICIAL PUBLIC RECORDS,
GRAYSON COUNTY, TEXAS, THAT TRACT OF LAND DESCRIBED IN DEED TO
MICHAEL W. WALKER, AND MONIQUE R. WALKER, DATED DECEMBER 22, 2004,
RECORDED IN VOLUME 3790, PAGE 348, OFFICIAL PUBLIC RECORDS, GRAYSON
COUNTY, TEXAS AND THAT TRACT OF LAND DESCRIBED IN DEED TO NANCY
SUSAN PARKER, DATED DECEMBER 1, 1993, RECORDED IN VOLUME 2306, PAGE
433, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS FOR A DISTANCE
OF 2132.79 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHEAST CORNER
OF SAID PARKER TRACT AT AN ELL CORNER OF SAID 202 BOREN ROAD
PARTNERS TRACT;
THENCE, NORTH 86 DEGRESS 41 MINUTES 55 SECONDS WEST, WITH THE NORTH
LINE OF SAID PARKER TRACT, AND A SOUTH LINE OF SAID 202 BOREN ROAD
PARTNERS TRACT, A DISTANCE OF 1332.93 FEET TO A PK NAIL FOUND FOR
THE NORTHWEST CORNER OF SAID PARKER TRACT IN THE EAST LINE OF THAT
TRACT OF LAND DESCRIBED IN DEED TO MYRNA RHEUDASIL, INDIVIDUALLY BY
DEED DATED APRIL 21, 1992, RECORDED IN VOLUME 2208, PAGE 492,
OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS IN THE CENTER OF A
PUBLIC ROAD KNOWN AS BOREN ROAD;
THENCE NORTH 01 DEGREES, 59 MINUTES 16 SECONDS EAST, WITH THE CENTER
OF SAID BOREN ROAD, THE WEST LINE OF SAID 202 BOREN ROAD PARTNERS
TRACT, THE EAST LINE OF SAID RHEUDASIL TRACT FOR A DISTANCE OF
411.44 FEET TO A 1/2 INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF
SAID RHEUDASIL TRACT, ON THE NORTH LINE OF SAID THOMAS SURVEY, THE
SOUTH LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN
ROAD PARTNERS TRACT;
THENCE, NORTH 88 DEGRESS 28 MINUTES 34 SECONDS WEST, WITH THE NORTH
LINE OF BOTH SAID THOMAS SURVEY, AND SAID RHEUDASIL TRACT, THE SOUTH
LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN ROAD
PARTNERS TRACT, CONTINUING ALONG SAID BOREN ROAD, FOR A DISTANCE OF
1333.90 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"CARTER BURGESS" SET AT THE SOUTHWEST CORNER OF BOTH SAID RACHEL
HANNING SURVEY, AND SAID 202 BOREN ROAD PARTNERS TRACT, THE
SOUTHEAST CORNER OF THE JAMES M. THOMAS SURVEY, ABSTRACT NO. 1212,
THE MOST SOUTHERLY SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED
IN DEED TO CALVIN BLEDSOE, RECORDED IN VOLUME 2546, PAGE 224,
OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, NORTH 01 DEGRESS 36 MINUTES 58 SECONDS EAST, WITH THE WEST
LINE OF BOTH SAID RACHEL HANNING SURVEY, AND SAID 202 BOREN ROAD
PARTNERS TRACT, THE EAST LINE OF SAID JAMES THOMAS SURVEY, ABST. NO.
1212, AND SAID BLEDSOE TRACT, FOR A DISTANCE OF 1595.82 FEET TO A
1/2 INCH IRON ROD CAPPED "COX 4577" FOUND AT THE NORTHWEST CORNER OF
SAID 202 BOREN ROAD PARTNERS TRACT, THE MOST WESTERLY SOUTHWEST
CORNER OF A 300.43 ACRE TRACT OF LAND DESCRIBED IN DEED TO BLUE
ISLAND PARTNERS, LTD. BY DEED DATED JUNE 28, 2006, RECORDED IN
VOLUME 4076, PAGE 824, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,
TEXAS;
THENCE, NORTH 01 DEGREES 26 MINUTES 55 SECONDS EAST, WITH THE WEST
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE EAST LINE OF SAID
BLEDSOE TRACT, A DISTANCE OF 1631.30 FEET TO A 1/2 INCH IRON ROD
CAPPED "COX 4577" FOUND FOR THE WESTERN MOST NORTHWEST CORNER OF
BLUE ISLAND TRACT, AND THE NORTHEAST CORNER OF SAID BLEDSOE TRACT;
THENCE, NORTH 89 DEGREES 27 MINUTES 39 SECONDS EAST, WITH A NORTH
LINE OF SAID BLUE ISLAND TRACT, A DISTANCE OF 1676.04 FEET TO A 5/8
INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET
FOR AN ELL CORNER OF SAID BLUE ISLAND TRACT, AND THE SOUTHEAST
CORNER OF A TRACT AS DESCRIBED IN DEED TO NANCY SUSAN PARKER, FILED
SEPTEMBER 15, 1993, AND RECORDED IN VOLUME 2306 PAGE 433,OFFICIAL
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, NORTH 00 DEGREES 18 MINUTES 02 SECONDS WEST, WITH THE WEST
LINE OF SAID BLUE ISLAND TRACT, AND WITH THE EAST LINE OF SAID
PARKER TRACT, A DISTANCE OF 1411.57 FEET TO A 5/8 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE NORTHWEST
CORNER OF SAID BLUE ISLAND TRACT, SAID IRON ROD BEING THE NORTHEAST
CORNER OF SAID PARKER TRACT, SAID IRON ROD ALSO BEING ON THE SOUTH
LINE OF SAID BLEDSOE TRACT, SAID IRON ROD BEING IN SAID MACOMB
CEMETERY ROAD;
THENCE, SOUTH 88 DEGREES 57 MINUTES 45 SECONDS EAST, WITH THE NORTH
LINE OF SAID BLUE ISLAND TRACT, ALONG SAID ROAD, PASSING THE
SOUTHEAST CORNER OF SAID BLEDSOE TRACT, AND THE SOUTHWEST CORNER OF
SAID TODD TRACT, AND CONTINUING ALONG SAID COURSE, A DISTANCE OF
2597.18 FEET TO THE POINT OF BEGINNING AND CONTAINING 734.245 ACRES
OF LAND, MORE OR LESS.
TRACT 2
BEING A 558.197 ACRE TRACT OF LAND SITUATED IN THE BURK TRAMMEL
SURVEY, ABSTRACT NUMBER 1229, GRAYSON COUNTY, TEXAS, SAID 558.132
ACRE TRACT BEING COMPRISED BY THE TOTAL OF 6 TRACTS OF LAND RECORDED
IN THE OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, A TRACT OF
LAND DESCRIBED IN A DEED TO W.P. PELPHREY AND C.F. PELPHREY AS
RECORDED IN VOLUME 205, PAGE 591, DEED RECORDS, GRAYSON COUNTY,
TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO W.P. PELPHREY AS
RECORDED IN VOLUME 234, PAGE 113, DEED RECORDS, GRAYSON COUNTY,
TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO A.T. PELPHREY AS
RECORDED IN VOLUME 129, PAGE 171, DEED RECORDS, GRAYSON COUNTY,
TEXAS, A TRACT OF LAND DESCRIBED IN A DEED TO JACK M. DECORDOVA AND
WIFE FRANCES M. DECORDOVA AS RECORDED IN VOLUME 1280, PAGE 29, DEED
RECORDS, GRAYSON COUNTY, TEXAS, A TRACT OF LAND DESCRIBED IN A DEED
TO C.F. PELPHREY AS RECORDED IN VOLUME 550, PAGE 399, DEED RECORDS,
GRAYSON COUNTY, TEXAS, AND A TRACT OF LAND DESCRIBED IN A DEED TO
W.P. PELPHREY AS RECORDED IN VOLUME 234, PAGE 113, DEED RECORDS,
GRAYSON COUNTY, TEXAS, SAID 558.197 ACRE TRACT WITH BEARING BASIS
BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL
ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS
OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004,
CALCULATED FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP
(PID-DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT A P.K. NAIL SET FOR THE NORTHWEST CORNER OF SAID W.P.
PELPHREY AND C.F. PELPHREY TRACT, SAME POINT BEING IN THE
APPROXIMATE INTERSECTION OF SOUTHMAYD ROAD (AN APPARENT
PERSCRIPTIVE RIGHT OF WAY) WITH MCGEEHE ROAD (AN APPARENT
PERSCRIPTIVE RIGHT OF WAY);
THENCE, SOUTH 88 DEGREES 22 MINUTES 04 SECONDS EAST, IN SAID
SOUTHMAYD ROAD, A DISTANCE OF 2563.72 FEET TO A P.K. NAIL FOUND FOR
THE NORTHWEST CORNER OF THE AFOREMENTIONED W.P. PELPHREY TRACT
DESCRIBED IN VOLUME 234 AT PAGE 113, DEED RECORDS, GRAYSON COUNTY,
TEXAS FOR AN ANGLE POINT;
THENCE, SOUTH 88 DEGREES 29 MINUTES 07 SECONDS EAST, CONTINUING IN
SAID ROAD, FOR A DISTANCE OF 1926.86 FEET TO A P.K. NAIL SET FOR THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AND THE NORTHWEST
CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO GLEN D.
MORGAN AS RECORDED IN VOLUME 2752, PAGE 321, OFFICIAL PUBLIC
RECORDS, GRAYSON COUNTY, TEXAS
THENCE, SOUTH 00 DEGREES 58 MINUTES 51 SECONDS WEST, WITH THE WEST
LINE OF SAID MORGAN TRACT AND ALONG A FENCE LINE AT A DISTANCE
3314.73 PASSING A 1/2" IRON ROD FOR THE SOUTHWEST CORNER OF SAID
MORGAN TRACT, THE SAME BEING THE NORTHWEST CORNER OF THAT CERTAIN
TRACT OF LAND DESCRIBED IN A DEED TO LOY RODERICK MAYFIELD AS
RECORDED IN VOLUME 2889, PAGE 672 OF THE OFFICIAL PUBLIC RECORDS,
GRAYSON COUNTY, TEXAS AND WITH THE WEST LINE OF SAID MAYFIELD TRACT
FOR A TOTAL DISTANCE 5469.03 FEET TO A 5/8" IRON ROD WITH YELLOW
PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER THE SAME BEING
THE SOUTHEAST CORNER OF THE AFOREMENTIONED JACK M. DECORDOVA TRACT;
THENCE, NORTH 88 DEGREES 58 MINUTES 51 SECONDS WEST, WITH THE SOUTH
LINE OF SAID JACK M. DECORDOVA TRACT, IN BATES ROAD (AN APPARENT
PERSCRIPTIVE RIGHT OF WAY) FOR A DISTANCE OF 2596.11 FEET TO A 1/2"
CAPPED IRON ROD FOUND STAMPED "SARTIN" FOR CORNER IN THE EAST LINE
OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO CHALLENGE MOTOR
SPORTS AS RECORDED IN VOLUME 4224, PAGE 225, OFFICIAL PUBLIC
RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, NORTH 00 DEGREES 40 MINUTES 14 SECONDS WEST, AT TIMES WITHIN
SAID BATES ROAD, A DISTANCE OF 248.68 FEET A 5/8" IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER AND
BEING THE SOUTHEAST CORNER OF THE AFOREMENTIONED C.F. PELPHREY
TRACT;
THENCE, NORTH 88 DEGREES 23 MINUTES 47 SECONDS WEST, WITH THE SOUTH
LINE OF SAID C.F. PHELPHREY TRACT AND GENERALLY ALONG SAID BATES
ROAD A DISTANCE OF 1944.93 FEET TO A P.K. NAIL SET FOR CORNER AT THE
INTERSECTION OF SAID BATES ROAD WITH RICE ROAD (AN APPARENT
PERSCRIPTIVE RIGHT OF WAY) THE SAME BEING THE SOUTHWEST CORNER OF
SAID C.F. PELPHREY TRACT;
THENCE NORTH 01 DEGREES 36 MINUTES 42 SECONDS EAST, WITH THE WEST
LINE OF SAID PELPHREY TRACTS, AND GENERALLY ALONG SAID RICE AND
SOUTHMAYD ROADS, A DISTANCE OF 5245.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 558.197 ACRES OR OF LAND MORE OR LESS.
TRACT 3
BEING A 185.677 ACRE TRACT OF LAND SITUATED IN THE SAMUEL GILMAN
SURVEY, ABSTRACT NO. 456, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A
185.677 ACRE TRACT OF LAND, CONVEYED TO WALTON TEXAS, L.P. BY DEED
RECORDED IN VOLUME 4782, PAGE 760, OFFICIAL PUBLIC RECORDS, GRAYSON
COUNTY, TEXAS, SAID 185.677 ACRE TRACT, WITH BEARING BASIS BEING
GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE,
NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS
BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED
FROM COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP (PID-DF8986),
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD FOND AT THE MOST WESTERLY SOUTHWEST
CORNER OF SAID 185.677 ACRE TRACT, SAID POINT BEING ON THE EAST
RIGHT-OF-WAY LINE OF F.M. HIGHWAY NO. 902 (A 100' RIGHT OF WAY);
THENCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS WEST, ALONG SAID EAST
RIGHT OF WAY LINE, A DISTANCE OF 996.90 FEET TO A 60D NAIL FOUND FOR
CORNER NEAR THE CENTER LINE OF A PUBLIC ROAD;
THENCE, NORTH 88 DEGREES 59 MINUTES 45 SECONDS EAST, WITH THE
GENERAL DIRECTION OF SAID CENTERLINE OF SAID PUBLIC ROAD, A
DISTANCE OF 839.41 FEET TO A 1/2" IRON ROD WITH YELLOW PLASTIC CAP
STAMPED "RPLS 5433" FOUND FOR AND ELL CORNER OF SAID 185.677 ACRE
TRACT, SAID POINT BEING ON THE WEST LINE OF A 51.465 ACRE TRACT OF
LAND CONVEYED BY DEED TO CHALLENGE MOTOR SPORTS, L.P., RECORDED IN
VOLUME 4224, PAGE 225, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,
TEXAS;
THENCE, SOUTH 01 DEGREES 09 MINUTES 35 SECONDS WEST, ALONG SAID WEST
LINE, A DISTANCE OF 18.26 FEET TO A 1/2" IRON ROD FOUND FOR AN ELL
CORNER OF SAID 185.677 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF
SAID 51.465 ACRE TRACT;
THENCE, NORTH 87 DEGREES 42 MINUTES 40 SECONDS EAST, ALONG THE NORTH
LINE OF SAID 185.677 ACRE TRACT AND THE SOUTH LINE OF SAID 51.465
ACRE TRACT, A DISTANCE OF 1953.64 FEET TO A 1/2" IRON ROD FOUND FOR
CORNER;
THENCE, NORTH 88 DEGREES 42 MINUTES 58 SECONDS EAST, CONTINUING
ALONG SAID NORTH LINE OF 185.677 ACRE TRACT, A DISTANCE OF 664.80
FEET TO A 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433"
FOUND FOR THE NORTHEAST CORNER OF SAID 185.677 ACRE TRACT, SAID
POINT BEING THE ELL CORNER OF A 10.001 ACRE TRACT CONVEYED TO JESSE
WHITTINGTON, RECORDED IN VOLUME 4272, PAGE 659, OFFICIAL PUBLIC
RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, ALONG THE EAST LINE OF SAID 185.677 ACRE TRACT, THE
FOLLOWING COURSES AND DISTANCES
SOUTH 00 DEGREES 27 MINUTES 48 SECONDS EAST, ALONG THE WEST
LINE OF SAID 10.001 ACRE TRACT, A DISTANCE OF 413.59 FEET TO A
1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433"
FOUND FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF
SAID 10.001 ACRE TRACT AND THE NORTHWEST CORNER OF A 136.85
ACRE TRACT OF LAND CONVEYED BY DEED TO SUTTER INVESTMENTS,
L.P., RECORDED IN VOLUME 4224, PAGE 231, OFFICIAL PUBLIC
RECORDS, GRAYSON COUNTY, TEXAS;
SOUTH 00 DEGREES 46 MINUTES 35 SECONDS EAST, ALONG THE WEST
LINE OF SAID 136.85 ACRE TRACT, A DISTANCE OF 2334.85 FEET TO
A 1" IRON PIPE FOUND FOR CORNER, SAID POINT BEING THE
SOUTHWEST CORNER OF SAID 136.85 ACRE TRACT AND THE NORTHWEST
CORNER OF 15.00 ACRE TRACT OF LAND CONVEYED BY DEED TO BILLY
LYNN, RECORDED IN VOLUME 1462, PAGE 390, DEED RECORDS,
GRAYSON COUNTY, TEXAS;
SOUTH 00 DEGREES 04 MINUTES 17 SECONDS WEST, ALONG THE WEST
LINE OF SAID 15.00 ACRE TRACT, A DISTANCE OF 510.69 FEET TO A
1/2" SQUARE IRON ROD FOUND FOR CORNER, SAID POINT BEING THE
SOUTHWEST CORNER OF SAID 15.00 ACRE TRACT AND THE NORTHWEST
CORNER OF A 16.866 ACRE TRACT OF LAND CONVEYED BY DEED TO
JAMES D. HOOVER, RECORDED IN VOLUME 3245, PAGE 578, OFFICIAL
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT ALSO LYING
NEAR THE CENTER OF A PUBLIC ROAD KNOWN AS COBLER ROAD;
SOUTH 00 DEGREES 23 MINUTES 38 SECONDS EAST, ALONG THE WEST
LINE OF SAID 16.866 ACRE TRACT AND WITH THE GENERAL DIRECTION
OF THE CENTERLINE OF COBLER ROAD, A DISTANCE OF 407.48 FEET TO
A 1/2" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 5433"
FOUND FOR THE SOUTHWEST CORNER OF SAID 185.677 ACRE TRACT,
SAID POINT BEING AT THE INTERSECTION OF SAID COBLER ROAD AND A
PUBLIC ROAD KNOWN AS MINNIS ROAD;
THENCE, SOUTH 89 DEGREES 02 MINUTES 11 SECONDS WEST, ALONG THE SOUTH
LINE OF SAID 185.677 ACRE TRACT AND WITH THE GENERAL DIRECTION OF
SAID COBLER ROAD, A DISTANCE OF 1748.05 FEET TO A 1/2" IRON ROD
FOUND FOR CORNER; THE SOUTHWEST CORNER OF SAID 185.677 ACRE TRACT
AND THE SOUTHEAST CORNER OF A 33.04 ACRE TRACT OF LAND CONVEYED BY
DEED TO THOMAS W. BYROM, SR., RECORDED IN 3117, PAGE 40, OFFICIAL
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, NORTH 00 DEGREES 49 MINUTES 46 SECONDS WEST, ALONG THE
COMMON WEST LINE OF SAID 185.677 ACRE TRACT AND THE EAST LINE OF
SAID 33.04 ACRE TRACT, A DISTANCE OF 2562.49 FEET TO A 1/2" IRON ROD
FOUND FOR THE NORTHEAST CORNER OF SAID 33.04 ACRE TRACT AND THE
SOUTHEAST CORNER OF A 12.352 ACRE TRACT OF LAND CONVEYED BY DEED TO
THE MILDRED L. BROWN REVOCABLE TRUST, RECORDED IN VOLUME 3194, PAGE
344, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, NORTH 01 DEGREES 43 MINUTES 38 SECONDS WEST, CONTINUING
ALONG THE WEST LINE OF SAID 185.677 ACRE TRACT AND THE COMMON EAST
LINE OF SAID 12.352 ACRE TRACT, A DISTANCE OF 103.58 FEET TO A 1/2"
IRON ROD FOUND FOR AND INTERIOR ELL CORNER OF SAID 185.677 ACRE
TRACT AND THE NORTHEAST CORNER OF SAID 12.352 ACRE TRACT;
THENCE, SOUTH 88 DEGREES 06 MINUTES 00 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 185.677 ACRE TRACT AND THE NORTH LINE OF
SAID 12.352 ACRE TRACT, A DISTANCE OF 1695.09 FEET; TO THE POINT OF
BEGINNING AND CONTAINING 185.677 ACRES LAND, MORE OR LESS.
TRACT 4
BEING A 207.484 ACRE TRACT OF LAND SITUATED IN THE SAMUEL GILMAN
SURVEY, ABSTRACT NO. 456 AND THE S. PRATHER SURVEY, ABSTRACT NO.
934, GRAYSON COUNTY, TEXAS, AND BEING ALL OF A 207.51 ACRE TRACT OF
LAND, CONVEYED AS TRACT 1 TO WALTON TEXAS, L.P., BY DEED RECORDED IN
VOLUME 4861, PAGE 258, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY,
TEXAS, SAID 207.484 ACRE TRACT, WITH BEARING BASIS BEING GRID
NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83
(CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS BETWEEN
JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED FROM
COLLIN CORS ARP (PID-DF8982) AND DENTON CORS ARP (PID-DF8986),
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID
207.484 ACRE TRACT, SAID POINT BEING THE NORTHEAST CORNER OF A
130.028 ACRE TRACT OF LAND CONVEYED BY DEED TO LITTLE CREEK
INVESTMENTS, L.P., RECORDED IN VOLUME 3751, PAGE 802, OFFICIAL
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS, SAID POINT BEING ON THE WEST
LINE OF F.M. HIGHWAY NO. 902 (A 100 FOOT RIGHT-OF-WAY) AND IN A
PUBLIC ROAD KNOWN AS SPRING CREEK ROAD;
THENCE, SOUTH 89 DEGREES 47 MINUTES 51 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 207.484 ACRE TRACT AND THE NORTH LINE OF
SAID 130.028 ACRE TRACT, A DISTANCE OF 1751.93 FEET TO A 1/2" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "RPLS 3688" FOUND FOR THE
SOUTHWEST CORNER OF SAID 207.484 ACRE TRACT AND THE SOUTHEAST
CORNER OF A 20.992 ACRE TRACT OF LAND CONVEYED BY DEED TO JOHN
DANIEL BROWN JR. AND TWALLA Y. BROWN RECORDED IN VOLUME 4292, PAGE
423, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, NORTH 00 DEGREES 57 MINUTES 18 SECONDS EAST, ALONG THE
COMMON WEST LINE OF SAID 207.484 ACRE TRACT AND THE EAST LINE OF
SAID 20.992 ACRE TRACT, A DISTANCE OF 880.65 FEET TO A 1/2" IRON ROD
WITH FOUND FOR AN INTERIOR ELL CORNER OF SAID 207.484 ACRE TRACT AND
THE NORTHEAST CORNER OF SAID 20.992 ACRE TRACT;
THENCE, SOUTH 88 DEGREES 18 MINUTES 15 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID 207.484 ACRE TRACT AND THE NORTH LINE OF
SAID 20.992 ACRE TRACT AND THE NORTH LINES OF A 9.000 ACRE TRACT OF
LAND CONVEYED BY DEED TO JONATHAN L. HACKETT, RECORDED IN VOLUME
3909, PAGE 579, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; A
5.334 ACRE TRACT OF LAND CONVEYED BY DEED TO TIMOTHY A GARBACIK AND
DEBBIE J. GARBACIK RECORDED IN VOLUME 3570, PAGE 885, OFFICIAL
PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; AND A 13.000 ACRE TRACT OF
LAND CONVEYED BY DEED TO DOYLE ALAN COULTER, RECORDED IN VOLUME
3356, PAGE 501, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS; A
DISTANCE OF 2631.70 FEET TO A 1/2" IRON ROD FOUND FOR THE SOUTHWEST
CORNER OF SAID 207.484 ACRE TRACT AND THE NORTHWEST CORNER OF SAID
13.000 ACRE TRACT AND BEING ON THE EAST LINE OF A TRACT OF LAND
CONVEYED BY WILL TO NANCY L. LINDSAY, RECORDED IN VOLUME 4039, PAGE
877, OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, NORTH 01 DEGREES 06 MINUTES 22 SECONDS EAST, ALONG THE
COMMON WEST LINE OF SAID 207.484 ACRE TRACT AND THE EAST LINE OF
SAID LINDSAY TRACT, A DISTANCE OF 518.13 FEET TO A 60D NAIL FOUND IN
FENCE POST FOR A NORTHWEST CORNER OF SAID 207.484 ACRE TRACT AND
BEING THE SOUTHWEST CORNER OF A 78.974 ACRE TRACT OF LAND CONVEYED
BY DEED TO TOW W. PINGLETON RECORDED IN VOLUME 4042, PAGE 73,
OFFICIAL PUBLIC RECORDS, GRAYSON COUNTY, TEXAS;
THENCE, SOUTH 89 DEGREES 59 MINUTES 22 SECONDS EAST, ALONG THE
COMMON NORTH LINE OF SAID 78.974 ACRE TRACT, A DISTANCE OF 409.90
FEET TO A 1/2" IRON ROD FOUND FOR AND INTERIOR ELL CORNER OF SAID
207.484 ACRE TRACT AND THE SOUTHEAST CORNER OF SAID 78.974 ACRE
TRACT;
THENCE, NORTH 01 DEGREES 11 MINUTES 10 SECONDS EAST, ALONG THE
COMMON WEST LINE OF SAID 207.484 TRACT AND THE EAST LINE OF SAID
78.974 ACRE TRACT, A DISTANCE OF 1352.83 FEET TO A 1/2" IRON ROD
WITH PLASTIC CAP STAMPED "COX4577" FOUND FOR THE NORTHWEST CORNER
OF SAID 207.484 ACRE TRACT;
THENCE, NORTH 88 DEGREES 22 MINUTES 08 SECONDS EAST, ALONG THE NORTH
LINE OF SAID 207.484 ACRE TRACT, A DISTANCE OF 3816.13 FEET TO A
5/8" IRON ROD WITH PLASTIC CAP STAMPED "PEISER SUR" FOUND FOR THE
NORTHEAST CORNER OF SAID 207.484 ACRE TRACT, SAID POINT BEING ON THE
AFORESAID WEST LINE OF F.M. HIGHWAY 902 AND BEING THE BEGINNING OF A
NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 16 DEGREES
45 MINUTES 31 SECONDS, A RADIUS OF 1860.00 FEET, AND A LONG CHORD
THAT BEARS SOUTH 08 DEGREES 38 MINUTES 43 SECONDS EAST, A DISTANCE
OF 542.10 FEET;
THENCE, ALONG SAID NON-TANGENT CURVE TO THE RIGHT AND THE COMMON
EAST LINE OF SAID 207.484 ACRE TRACT AND SAID WEST LINE OF F.M.
HIGHWAY 902, AN ARC DISTANCE OF 544.04 FEET TO A 5/8" IRON ROD WITH
PLASTIC CAP STAMPED "PEISER SUR" FOUND FOR CORNER;
THENCE, SOUTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, CONTINUING
ALONG SAID COMMON LINE, A DISTANCE OF 2239.76 FEET TO THE POINT OF
BEGINNING AND CONTAINING 207.484 ACRES LAND, MORE OR LESS.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) Section 8249.106, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8249, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 8249.106 to read as follows:
Sec. 8249.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. Except as provided by Section 4 of this Act, this
Act takes effect September 1, 2011.