83R21936 JXC-F
By: Sanford H.B. No. 3914
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Old Celina Municipal Management
District No. 1; providing authority to issue bonds; providing
authority to impose an assessment or fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3919 to read as follows:
CHAPTER 3919. OLD CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3919.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Celina, Texas.
(3) "County" means Collin County, Texas.
(4) "Director" means a board member.
(5) "District" means the Old Celina Municipal
Management District No. 1.
Sec. 3919.002. CREATION AND NATURE OF DISTRICT. The Old
Celina Municipal Management District No. 1 is a special district
created under Sections 52 and 52-a, Article III, and Section 59,
Article XVI, Texas Constitution.
Sec. 3919.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or county from providing the level
of services provided to the area in the district as of the effective
date of the Act enacting this chapter. The district is created to
supplement and not to supplant the city and county services
provided in the district.
Sec. 3919.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3919.005. 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 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 contract;
(3) authority to borrow money or issue bonds or other
obligations described by Section 3919.203 or to pay the principal
and interest of the bonds or other obligations;
(4) right to impose or collect an assessment or
collect other revenue; or
(5) legality or operation.
Sec. 3919.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for:
(1) the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code; and
(2) any other district purpose, including the right to
pledge the money as security for any bonds or other obligations
issued by the district under Section 3919.203.
(c) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city may determine the percentage
of the property in the zone that may be used for residential
purposes and is not subject to the limitations provided by Section
311.006, Tax Code.
Sec. 3919.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICT LAW. Except as provided by this chapter, Chapter 375,
Local Government Code, applies to the district.
Sec. 3919.008. FORM OF CITY APPROVAL. (a) A statutory
requirement relating to the duty of the district to obtain the
approval or consent of the city in a manner other than the manner
described by Subsection (b) before the district takes an action,
including a requirement prescribed by Section 42.042 or Chapter
375, Local Government Code, or Chapter 54, Water Code, does not
apply to the district.
(b) If a statute, including this chapter, requires the
district to obtain the city's approval or consent before taking an
action, the district may not take that action unless the action is
authorized by a city resolution or ordinance approved by a majority
of the governing body of the city.
Sec. 3919.009. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3919.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors appointed by the governing
body of the city.
(b) Directors serve staggered terms of four years, with two
or three directors' terms expiring May 31 of each even-numbered
year.
Sec. 3919.052. VACANCY. The governing body of the city
shall appoint a director to fill a vacancy on the board for the
remainder of the unexpired term.
Sec. 3919.053. DIRECTOR'S OATH OR AFFIRMATION. A director
shall file the director's oath or affirmation of office with the
district, and the district shall retain the oath or affirmation in
the district records.
Sec. 3919.054. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary.
Sec. 3919.055. COMPENSATION; EXPENSES. (a) The district
shall compensate each director as provided by Section 49.060, Water
Code.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of a director.
Sec. 3919.056. LIABILITY INSURANCE. The district may
obtain and pay for comprehensive general liability insurance
coverage from a commercial insurance company or other source that
protects and insures the directors against personal liability and
from all claims for actions taken as directors or actions and
activities taken by the district or by others acting on its behalf.
Sec. 3919.057. BOARD MEETINGS. The board shall hold
meetings at a place accessible to the public.
Sec. 3919.058. REMOVAL OF DIRECTORS. The governing body of
the city may remove a director appointed under Section 3919.051(a)
at any time for cause or at will.
Sec. 3919.059. INITIAL DIRECTORS. (a) The initial board
consists of five directors appointed by the governing body of the
city.
(b) Of the initial directors, the terms of two directors
expire May 31, 2016, and the terms of three directors expire May 31,
2014.
(c) The governing body of the city shall determine which
directors' terms expire May 31, 2016, and which directors' terms
expire May 31, 2014.
(d) This section expires September 1, 2016.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3919.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3919.102. IMPROVEMENT PROJECTS. The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the improvement projects described by
Subchapter C-1 or activities in support of or incidental to those
projects.
Sec. 3919.103. WATER DISTRICT POWERS. (a) Except as
provided by Subsection (b), the district has the powers provided by
the general laws relating to conservation and reclamation districts
created under Section 59, Article XVI, Texas Constitution,
including Chapters 49 and 54, Water Code.
(b) The district may not provide wholesale or retail water
or wastewater service.
(c) The district shall display a design selected by the city
on a water tower or tank the district constructs or finances. The
district may not display the name or logo of the district or of any
other entity on the water tower or tank.
Sec. 3919.104. ROAD PROJECT POWERS; LIMITATION. The
district has the road project powers provided by Chapter 375, Local
Government Code, except that the district may not impose an ad
valorem tax under Section 375.0921, Local Government Code.
Sec. 3919.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 372, Local Government
Code, to a municipality or county.
Sec. 3919.106. CONTRACT POWERS. The district may contract
with a governmental or private entity, on terms determined by the
board, to carry out a power or duty authorized by this chapter or to
accomplish a purpose for which the district is created.
Sec. 3919.107. LIMITATIONS ON EMERGENCY SERVICES POWERS.
Sections 49.216 and 49.351, Water Code, do not apply to the
district.
Sec. 3919.108. ECONOMIC DEVELOPMENT. The district may
engage in activities that accomplish the economic development
purposes of the district.
Sec. 3919.109. ADDING OR REMOVING TERRITORY. As provided
by Subchapter J, Chapter 49, Water Code, the board may add territory
inside the boundaries of the city or the extraterritorial
jurisdiction of the city to the district or remove territory inside
the boundaries of the city or the extraterritorial jurisdiction of
the city from the district, except that:
(1) the addition or removal of the territory must be
approved by the city;
(2) the addition or removal may not occur without
petition by the owners of the territory being added or removed; and
(3) territory may not be removed from the district if
bonds or other obligations of the district payable wholly or partly
from assessments assessed on the territory are outstanding.
Sec. 3919.110. NO TOLL ROADS OR MASS TRANSIT. The district
may not construct, acquire, maintain, or operate a toll road or mass
transit system.
Sec. 3919.111. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES
Sec. 3919.151. IMPROVEMENT PROJECTS AND SERVICES. Except
as otherwise provided by this chapter, the district may provide,
design, construct, acquire, improve, relocate, operate, maintain,
or finance an improvement project or service using any money
available to the district, or contract with a governmental or
private entity to provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 372 or 375, Local
Government Code.
Sec. 3919.152. BOARD DETERMINATION REQUIRED. The district
may not undertake an improvement project unless the board
determines the project is necessary to accomplish a public purpose
of the district.
Sec. 3919.153. LOCATION OF IMPROVEMENT PROJECT. An
improvement project may be located or provide service inside or
outside the district.
Sec. 3919.154. CITY REQUIREMENTS. (a) An improvement
project in the city must comply with any applicable requirements of
the city, including codes and ordinances.
(b) The district may not provide, conduct, or authorize any
improvement project on the city's streets, highways,
rights-of-way, or easements without the consent of the city.
Sec. 3919.155. ADDITIONAL CITY POWERS REGARDING
IMPROVEMENT PROJECTS. (a) The city may:
(1) by ordinance or resolution require that title to
all or any portion of an improvement project vest in the city; or
(2) by ordinance or resolution authorize the district
to own, encumber, maintain, and operate an improvement project or
convey the project to the city at a later date.
(b) The district shall immediately comply with any city
ordinance or resolution adopted under this section.
Sec. 3919.156. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
AREA. The district may undertake an improvement project or service
that confers a special benefit on a definable area in the district
and levy and collect a special assessment on benefited property in
the district in accordance with:
(1) Chapter 372, Local Government Code; or
(2) Chapter 375, Local Government Code.
Sec. 3919.157. CONTRACTS. A contract to design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project is considered a contract for a good or service
under Subchapter I, Chapter 271, Local Government Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3919.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3919.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may undertake and provide an improvement project or
service authorized by this chapter using any money available to the
district.
Sec. 3919.203. BORROWING MONEY; OBLIGATIONS. (a) The
district may borrow money for a district purpose, including the
acquisition or construction of improvement projects authorized by
this chapter and the reimbursement of a person who develops or owns
an improvement project authorized by this chapter, without holding
an election by issuing bonds, notes, time warrants, or other
obligations, or by entering into a contract or other agreement
payable wholly or partly from an assessment, a contract payment, a
grant, other district revenue, or a combination of these sources.
(b) An obligation described by Subsection (a):
(1) may bear interest at a rate determined by the
board; and
(2) may include a term or condition as determined by
the board.
Sec. 3919.204. ASSESSMENTS. (a) Except as provided by
Subsection (b), the district may impose an assessment on property
in the district to pay for an obligation described by Section
3919.203 in the manner provided for:
(1) a district under Subchapter F, Chapter 375, Local
Government Code; or
(2) a municipality or county under Subchapter A,
Chapter 372, Local Government Code.
(b) The district may not impose an assessment on a
municipality, county, or other political subdivision.
Sec. 3919.205. NOTICE OF ASSESSMENTS. (a) Not later than
the 30th day before the date the board imposes an annual assessment,
the board shall file written notice with the secretary of the city
that specifies the assessments the district will impose in the
district's next fiscal year in sufficient clarity to describe the
assessments for the operation and maintenance of the district and
the assessments for the payment of debt service of obligations
issued or incurred by the district.
(b) The board shall annually record in the deed records of
the county a current assessment roll approved by the city.
(c) The assessment roll must clearly state that the
assessments in the assessment roll are in addition to the ad valorem
taxes imposed by other political subdivisions that tax real
property in the district.
(d) The district shall generate and implement a program to
provide notice modeled on the notice described by Section
49.452(c), Water Code, to a prospective purchaser of property in
the district of the assessments that have been approved and are
imposed by the district.
Sec. 3919.206. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
Sec. 3919.207. NO IMPACT FEES. The district may not impose
an impact fee.
Sec. 3919.208. NO AD VALOREM TAX. The district may not
impose an ad valorem tax.
SUBCHAPTER E. DISSOLUTION
Sec. 3919.251. DISSOLUTION BY CITY. (a) The city may
dissolve the district by ordinance.
(b) The city may not dissolve the district until:
(1) the district's outstanding debt or contractual
obligations have been repaid or discharged; or
(2) the city agrees to succeed to the rights and
obligations of the district.
Sec. 3919.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, the city succeeds to the rights and obligations of the
district regarding enforcement and collection of the assessments or
other revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations of the district.
Sec. 3919.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the city dissolves the district, the city assumes the
obligations of the district, including any bonds or other debt
payable from assessments or other district revenue.
(b) If the city dissolves the district, the board shall
transfer ownership of all district property to the city.
SECTION 2. The Old Celina Municipal Management District No.
1 initially includes all the territory contained in the following
area:
West Tract
All that certain tract or parcel of land situated in the Henry
Bentley Survey, Abstract Number 124 and the B.B.B. & C.R.R. Survey,
Abstract Number 132, County of Collin, State of Texas, said tract
being all of a called 30.45 acre tract as described in deed to
Dorotha Cornelius, filed 24 April 2007, and recorded in county
clerks number 07-000549120 of the deed records of the County of
Collin, State of Texas, and said tract being part of a called 11.13
acre tract as described in deed to Cornelius Family Revocable
Trust, filed 24 April 2007, and recorded In county clerks number
07-000549090 of said deed records, and being more fully described
as follows;
Beginning for the southwest corner of the tract being described
herein at a found 1/2 inch rebar, said rebar being the southwest
corner of said Cornelius 30 acre tract, some being the southeast
corner of a called 99.028 acre tract as described in deed to Old
Celina, Ltd filed11 June 2002, and recorded in volume 5208 page 3408
of said deed records, said rebar also being on the north line of a
called 73.558 acre tract as described in deed to Old Celina, Ltd,
filed 11 June 2002, and recorded in volume 5208 page 3382 of said
deed records;
Thence: North 00 degrees 28 minutes 22 seconds West, with the west
line of said Cornelius 30 acre tract, and with the east line of said
Old Celina 99 acre tract, a distance of 867.05 feet to a found 3/8
Inch rebar for the northwest corner of said Cornelius 30 acre tract,
same being the southwest corner of a called 39.02 acre tract as
described in deed to the City of Celina, filed 10 October 2000, and
recorded in volume 4770 page 2324 of said deed records;
Thence: North 88 degrees 39 minutes 42 seconds East, with the south
line of said City tract, a distance of 1561.03 feet to a set 1/2 inch
steel square tubing for the southeast corner of said City tract,
some being the southwest corner of a called 0.8024 acre tract as
described in deed to the City of Celina; filed 01 September 2004,
and recorded in volume 5744 page 4860 of said deed records;
Thence: North 88 degrees 29 minutes, 00 seconds East, with the south
line of said City tract, a distance of 224.07 feet to a set 1/2 inch
steel square tubing for the northeast corner of this tract, said
tubing being on the west right of way line of Farm to Market Road
Number 428, and said tubing being in a curve to the left having a
central angle of 01 degrees 37 minutes 20 seconds, and a radius of
1190.91 feet and a chord bearing of South 40 degrees 42 minutes 20
seconds fast, and a chord distance of 33.72 feet;
Thence: With said curve to the left and with the west line of said
road an arc length of 33.72 feet to a set 1/2 inch steel square
tubing for the end of said curve;
Thence: South 41 degrees 31 minutes 00 seconds East, with the west
line of said road a distance of 20.40 feet to a set 1/2 inch steel
square tubing for the start of a curve to the right having a central
angle of 40 degrees 02 minutes 00 seconds, and a radius of 1101.03
feet, and a chord bearing of South 21 degrees 30 minutes 00 seconds
fast, and a chord distance- of 753.75 feet;
Thence: With said curve to the right and with the west line of said
road an arc length of 769.31 feet to a set 1/2 inch steel square.
Tubing for the end of said curve;
Thence: .South 01 degrees 29 minutes 00 seconds East, with the west
line of said road, a distance of 129.80 feet to a set 1/2 inch steel
square tubing for the southeast corner of this tract, same being the
northeast corner of Exhibit "C" a called 28.15 acre tract as
described in Partition Deed to Sandra Short Osborne, filed 12 March
1986, and recorded In volume 2325 page 801 of said deed records;
Thence: South 88 degrees 54 minutes 08 seconds West, with the north
line of said Osborne tract, a distance of 1332.93 feet to a found 1
inch pipe by a pipe fence corner post for file northwest corner of
Tract One a called 15.66 acre tract as described in deed to Jerry L.
Moore, filed 24 October 1994; and recorded in county clerks number
94-0095870 of said deed records, same being the northeast corner of
a called 16.141 acre tract as described in deed to Old Celina Ltd.,
filed 11 June 2002, and recorded in volume 5208 page 3366 of said
deed records;
Thence: South 89 degrees 05 minutes 50 seconds West, with the north
line of said Old Celina 16 acre tract, a distance of 759.97 feet to
the POINT OF BEGINNING and containing 40.233 acres of land.
East Tract
All that certain tract or parcel of land situated in the B.B.B. &
C.R.R. Survey, Abstract Number 132, County of Collin, State of
Texas, said tract being part of a called 11.l3 acre tract as
described in deed to Cornelius Family Revocable Trust, filed 24
April 2007, and recorded in county clerks number 07-000549090 of
the deed records of the County of Collin, State of Texas, and being
more fully described as follows:
Beginning for the southeast corner of the tract being described
herein at a set 1/2 inch steel square tubing on the east line of said
Cornelius tract in a county road said tubing being a southwest
corner of a called 107:207 acre tract as described to deed to Martha
Ann King and Peggy Sue Earthman filed 29 December 1992, and recorded
in county clerks number 92-0091305 of said deed records, said
tubing also being on the east right of way line of Farm to Market
Road Number 428,
Thence: South 88 degrees 31 minutes 00 seconds West, with the east
line of said road a distance of 45.05 feet to a set 1/2 Inch steel
square tubing for the start of a curve to the left having a central
angle of 16 degrees 36 minutes 28 seconds, and a radius of 1191.03
feet, and a chord bearing of North 32 degrees 12 minutes 35 seconds
attest, and a chord distance of 344.03 feet;
Thence: With-said curve to the left and with the east line of said
road, an arc length 345.23 feet to a set 1/2 inch steel square
tubing for the northwest corner of this tract, said tubing being in
Collin County Road Number 56;
Thence: North 88 degrees 29 minutes 00 seconds East, with the north
line of said Cornelius tract, and with said road a distance of
220.82 feet to a set 1/2 inch steel square tubing for the northeast
corner of said Cornelius tract, and sai tubing being on the west
line of said King tract, said tubing also being at this intersection
of said county roads;
Thence: South 01 degrees 29 minutes 00 seconds East, with the east
line of said Cornelius tract, and with the west line of sold King
tract, _and with the center of said county road, a distance of
295.86 feet to the POINT OF BEGINNING and containing 0.837 of an
acre of land
EXHIBIT "A"
BEING a tract of land situated in Collin County, Texas and being in
the Henry Bentley Survey, Abstract No. 124 and being A part of that
certain tract of land known as Tract One, conveyed to Clifford Gee
McKnight, as recorded in Volume 2430, Page 665, of the Deed Records
of Collin County. Texas. (D.R.C.C.T.) and being more particularly
described by metes and bounds as follows:
BEGINNING at a 2 1/2 inch iron pipe found for corner, said corner
being in the south, right-of-way line of F.M. Highway No. 455 (a
public thoroughfare) and also being the northeast corner of a tract
of land conveyed to Rex Glendenning, et ux, as recorded in Volume
4408, Page 1763, D.R.C_C.T.:
THENCE North 88 degrees 23 minutes 45 seconds East along said south
right-of-way line, a distance of 885.98 foot to a 3/8-inch iron rod
found for corner, said corner being the northwest corner of a tract
of land conveyed to Hassan Badii, as recorded in Volume 2031, Page
943, D.R.C.C.T.;
THENCE South 00 degrees 48 minutes 00 seconds East along the weal
line of said Badii tract, and along the west line of a tract of land
conveyed to Stephen Harold Mills, as recorded in Volume 4987, Page
3011. D.R.C.C.T. and the west line of a tract of land conveyed to
the City of Celina, as recorded in Volume 4770, Page 2324,
D.R.C.C.T., a distance of 2150.90 feet to a 5/8-inch iron rod found
for an ell comer of said City of Celina tract;
THENCE South 89 degrees 02 minutes 12 seconds West along the most
southerly north line of said City of Celina tract, a distance of
881.92 feet to 1/2-inch iron rod with cap stamped "ALLIANCE" found
for corner, said corner being on the east line of the aforementioned
Glendenning tract;
THENCE North 00 degrees 54 minutes 23 seconds West along the east
line of said Glendenning tract, a distance of 2140.98 foot to the
POINT OF BEGINNING;
CONTAINING a computed area of 1,896,815 square feet or 43.545 acres
of land.
Exhibit "A"
BEING all that certain tract or parcel of land situated in the H.
BENTLEY SURVEY, Abstract No. 124 in the City of Celina, Collin
County, Texas and being out of a 44.50 acre tract of land described
in deed to Clifford Gee McKnight, recorded in Volume 2430, Page 665
of the Deed Records of Collin County, Texas (D.R.C.C.T.), and being
more particularly described as follows:
BEGINNING of a 1/2-inch iron rod found at the southeast corner of
said McKnight tract of land, being an ell corner for a 39.02 acre
tract of land described in deed to the City of Celina, recorded in
Volume 4770. Page 2324, D.R.C.C,T.;
THENCE S 89°03'24" W, along the common line of said McKnight and City
of Celina tracts, a distance of 881.83 feet to a 1/2-inch iron rod
found for a corner on the easterly line of a 99.028 acre tract of
land described in deed to Rex Glendenning, recorded In Volume 4408,
Page 1763, D.R.C.C.T.;
THENCE N 01°05'22" W, along the common line of said McKnight and
Glendenning tracts, a distance of 246.81 feet to a 1/2-inch capped
iron rod (stamped "SRA 3225") set for a corner;
THENCE N 89°03'24" E, departing said common line, a distance of
883.07 feet to a 1/2-inch capped iron rod (stamped "SRA 3225") set
for a corner on the westerly line of the aforesaid City of Celina
tract of land;
THENCE S 00°48'00" E, along the common line of sold McKnight and City
of Celina tracts, a distance of 246.81 feet to the POINT OF
BEGINNING and containing 217,600 square feet or 5.000 acres of
land, more or less.
THENCE South 88 degrees 18 minutes 39 seconds West following the
north line of said 73.558 acres a distance of 824.02 feet to 2 inch
iron pipe found for corner at the northeast corner of said 73.558
acre tract;
THENCE South 88 degrees 30 minutes 52 seconds West a distance of
2900.39 feet to wood fence post in the creek for corner;
THENCE North 00 degrees 59 minutes 11 seconds West a distance of
421.72 feet to 1/2 inch iron rod found for corner at the southwest
corner of a 75.0307 acre tract as recorded in County Clerk No.
94-0092806 of Collin County, Texas;
THENCE North 87 degrees 43 minutes 39 seconds East following the
south line of said 75.0307 acre tract a distance of 2922.26 feet to
a 1 inch iron pipe found for corner at an ell corner of said 75.0307
acre tract;
THENCE North 00 degrees 48 minutes 41 seconds West following the
east line of said 75.0307 acre tract a distance of 3339.14 feet to a
60d nail found for corner in County Road No. 8;
THENCE North 88 degrees 19 minutes 00 seconds East following said
County Road No. 8 a distance of 75.37 feet to a 60d nail found for
corner in the south ROW line of said FM No. 455, said 60d nail also
being in a curve to the left with a chord bearing of South 80 degrees
57 minutes 03 seconds East and a chord distance of 241.64 feet;
THENCE along said curve to the left following the south ROW line of
said FM No. 455 through a central angle of 21 degrees 27 minutes 53
seconds a radius distance of 648.80 feet and an arc distance of
243.06 feet to a 1/2 inch iron rod set for corner;
THENCE North 88 degrees 19 minutes 00 seconds East following the
south ROW line of FM No. 455 a distance of 483.09 feet to the POINT
OF BEGINNING and containing 4,313,677 square feet or 99.028 acres
of land, more or less.
Reservation from and Exceptions to Conveyance and Warranty:
Any portion of the property described herein within the limits or
boundaries of any public or private roadway and/or highway,
including, but not limited to, that portion of the subject property
in County Road No. 8.
Right-of-way easement executed.by Douglas J. Barker dba Barker
Bros. Land & Cattle Company to County of Collin, dated January 2,
1991, recorded in Volume 3421, Page 192, of the Deed Records of
Collin County, Texas.
EXHIBIT "A"
SITUATED in Collin County, Texas, in the George Wiley Survey,
Abstract No. 988, and the Samuel McCullough Survey, Abstract No.
593, being a resurvey of the 73.32 acre FIRST TRACT and the SECOND
TRACT as described in a deed from Annie S. Yager to T.S. Yager, et al
dated August 7, 1981, recorded in Volume 1421, Page 15 of the Collin
County, Deed Records, being described by metes and bounds as
follows:
BEGINNING at an iron pipe found in the north R.O.W. line of Farm
Road No. 428, at the northeast corner of the 1.622 acres R.O.W.,
Ref. V. 491, P. 47, at the southwest corner of the Rex Glendenning
73.558 acres, Ref. V. 3968, P. 2169;
Thence westerly with said north R.O.W, line (the north line of said
1.622 acres) as follows:
South 89 degrees 05 minutes west, 17.5 feet;
South 88 degrees 43 minutes west, 1552.31 feet with said north
R.O.W. line (the north line of said 1.622 acres) to an iron pin set
at the northwest corner of said 1.622 acres, and at the southeast
corner of the Robert L. King 86.849 acres, Ref. V. 1560, P. 259;
Thence north 0 degrees 43 minutes 22 seconds west, 2594.58 feet with
the west line of said 73.32 acre tract and the east line of said
86.849 acre tract to an iron pin set at the northwest corner of said
73.32 acre tract and the northeast corner of said 86.849 acres, same
being in the south line of the Douglas Parker 99.288 acres;
Thence north 88 degrees 40 minutes east, 1569.81 feet with the north
line of said 73.32 acre tract and the north line of said SECOND
TRACT and with the south line of said 99.288 acres to a 2" iron pipe
found at the northeast corner of-said SECOND TRACT and the
northwest corner of said 73.558 acre tract;
Thence south 0 degrees 43 minutes 23 seconds east, 2596.06 feet with
the east line of said SECOND TRACT and the west line of said 73.558
acre tract to the PLACE OF BEGINNING and containing 93.523 acres of
land.
LEGAL DESCRIPTION
BEING a tract of land situated in the Samuel McCullough Survey,
Abstract No, 593, Collin County, Texas and also being all of a 16
acre tract as recorded in County Clerks No. 94-0111727, and being
more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod set for corner, said iron rod being
in the north Right of Way line of F. M. 428, said iron rod also being
the most southwest corner of a tract conveyed to Randall L. & wife
Bonnie P. Moore as recorded in Volume 995, Page 219 of the Deed
Records of Collin County, Texas;
THENCE North 89 degrees 04 minutes 23 seconds West following the
north ROW line of said F.M. No. 428 a distance of 30.53 feet to a 1/2
inch iron rod found;
THENCE North 00 degrees 44 minutes 59 seconds East a distance of
2604.08 feet to a 1/2 inch iron rod found for corner,
THENCE South 89 degrees 26 minutes 08 seconds East a distance of
350.00 feet to a axle found for corner;
THENCE South 00 degrees 43 minutes 06 seconds West a distance of
1947.51 feet to a 1/2 inch iron rod found for corner in the north
line of said Moore tract;
THENCE North 89 degrees 19 minutes 15 seconds West following the
north line of said Moore tract a distance of 319.00 feet to a 1/2
inch iron rod set for corner;
THENCE South 0 degrees 53 minutes 01 seconds West following the west
line of said Moore tract a distance of 657.40 feet to the POINT OF
BEGINNING and containing 703,115 square feet or 16.141 acres of
land.
EXHIBIT "A"
BEING a tract of land situated in the Samuel McCullough Survey,
Abstract No. 593, Collin County, Texas and also being part of a
73.32 acre tract as recorded in Volume 348, Page 8 of the Deed
Records of Collin County, Texas, and also being all of a 21 acre
tract as recorded in Volume 577, Page 246 of the Deed Records of
Collin County, Texas, and being more particularly described by
metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod set for corner, said iron rod being
in the North right of way line of F.M 428, said iron rod also being
the most Southwest corner of a 16 acre tract as recorded in County
Clerks No. 94-0111727;
THENCE North 89 deg. 04 min. 23 sec. West following the North ROW
line of said F.M. No. 428 a distance of 1231.00 feet to a 1/2 inch
square iron rod found for corner at the Southeast corner of a tract
conveyed to T.S. Yager and wife, Margret Yager in Volume 1231, Page
724, D.R.C.C.T.;
THENCE North 00 deg. 41 min. 20 sec. East following the East line of
said Yager tract a distance of 2596.00 feet to a 2 inch iron pipe
found for corners
THENCE South 89 deg. 26 min, 56 sec. East a distance of 1233.75 feet
to a 1/2 inch iron rod found for corner at the Northwest corner of
said 16 acre tract,
THENCE South 0 deg. 44 min. 59 sec. West following the West line of
said 16 acres a distance of 2604.08 feet to the POINT OF BEGINNING
and containing 3,204,138 square feet or 73.558 acres of land.
THENCE, continuing along the South line of said 5.1038 acre tract,
South 01 degrees 04 minutes 28 seconds East, a distance of 31.35
feet, to a 1/2 inch iron rod with a yellow plastic cap stamped
"Pitts 4595" set for corner;
THENCE, continuing along said South line, North 88 degrees 55
minutes 32 seconds East a distance of 366.53 feet, to a 1/2 inch
iron rod with a yellow plastic cap stamped "Pitts 4595" set for
corner on the West line of a 99.2888 acre tract of land conveyed to
Douglas Barker, as recorded in Volume 1343, Page 599, Deed Records,
Collin County, Texas;
THENCE, along said West line of a 99.2888 acre tract, South 00
degrees 46 minutes 58 seconds East a distance of 2,099.44 feet, to a
5/8 inch iron pipe found for the Southeast corner of said 99.301
acre tract and being an ell corner of said 99.2888 acre tract;
THENCE, along the North line of said 99.2888 acre tract, South 87
degrees 44 minutes 58 seconds West a distance of 2,922.24 feet, to a
1/2 inch iron rod found for corner;
THENCE, generally along a fence row, North 00 degrees 55 minutes 08
seconds West a distance of 788.48 feet, to a 1/2 inch iron rod found
in the crotch of three large Hackberry trees at the junction of the
evidence of an old North-South fence and evidence of an old fence
from the East, and being on the South line of a 73.047 acre tract as
conveyed to Douglas Barker, as recorded in Volume 1159, Page 423,
Deed Records, Collin County, Texas;
THENCE, along the South line of said 73.047 acre tract, North 87
degrees 45 minutes 55 seconds East a distance of 2,144.18 feet, to a
5/8 inch iron rod found for the Southeast corner of said 73.047 acre
tract;
THENCE, along the East line of said 73.047 acre tract, North 01
degrees 47 minutes 07 seconds West a distance of 437.83 feet, to a
1/2 inch iron rod with a yellow plastic cap stamped "Pitts 4595" set
for corner;
THENCE, continuing along the East line of said 73.047 acre tract,
North 01 degrees 09 minutes 50 seconds West a distance of 366.97
feet, to a 1/2 inch iron rod with a yellow plastic cap stamped
"Pitts 4595" set for the Southwest corner of a 5.0227 acre tract as
conveyed to Robert Jake Jones and Virginia C. Jones;
THENCE, along the South line of said 5.0227 acre tract, North 88
degrees 55 minutes 32 seconds East a distance of 365.91 feet, to a
1/2 inch iron rod with a yellow plastic cap stamped "Pitts 4595" set
for the Southeast corner of said 5.0227 acre tract;
THENCE, along the East line of said 5.0227 acre tract, North 01
degrees 04 minutes 28 seconds West a distance of 438.70 feet, to the
point of curvature of a curve to the left having a central angle of
65 degrees 18 minutes 41 seconds and a radius of 120.00 feet;
THENCE, continuing along said East line and said curve to the left,
for an arc length of 136.79 feet to a 1/2 inch iron rod with a yellow
plastic cap stamped "Pitts 4595" set for corner;
THENCE, along the North line of said 5.0227 acre tract, North 66
degrees 23 minutes 09 seconds West a distance of 326.99 feet, to the
Northernmost corner of said 5.0227 acre tract;
THENCE, North 01 degrees 09 minutes 50 seconds West a distance of
66.08 feet, to the POINT OF BEGINNING and containing 72.9923 acres
of land, more or less.
EXHIBIT "A"
Situated in the Samuel McCullough Survey, Abstract No. 593 and the
BBB & CRR Co. Survey, Abstract No. 132 in Collin County, Texas, and
being a called 28.15 Acre tract of land that was conveyed to Mildred
Graham Short in Partition Deed recorded in Volume 2325, Page 801 of
the Land Records of Collin County, Texas, being more particularly
described by metes and bounds to-wit.
BEGINNING at an Iron Pin found being the Southwest corner of said
tract;
THENCE North 1 degree 05 minutes 30 seconds West with the West line
of said tract 1561.28 feet to an Iron Pin set;
THENCE South 69 degrees 51 minutes 27 seconds East with the North
line of said tract 1066.72 feet to an Iron Pin set in the West
right-of-way line of FM Hwy. 428;
THENCE with said right-of-way line as follows:
South 1 degree 29 minutes East 82.92 feet an Iron Pin set; South 0
degrees 20 minutes West 316.0 feet an Iron Pin set; South 7 degrees
08 minutes West 264.4 feet an Iron Pin set;
South 18 degrees 24 minutes West 94.2 feet to an Iron Pin set, being
the P.C. of a curve to the right having a central angle of 64 degrees
08 minutes 34 seconds radius of 773.5 feet and a chord bearing of
South 57 degrees 30 minutes 40 seconds West;
THENCE with said curve 865.95 feet to an Iron Pin set;
THENCE South 89 degrees 31 minutes West with said right-of-way line
216.6 feet to the place of beginning, containing 28.28 acres.
TRACT 3
SITUATED in the BBB & CPR Co. Survey, Abstract No. 132 in
Collin County, Texas, and being a called 158.83 acre tract of land
described in Substitute Trustee's Deed recorded in Volume 2998,
gage 191, of the Land Records of Collin County, Texas, being more
particularly described by metes and bounds to-wit:
BEGINNING at a point at the intersection of the South line of
the BBB & CRR Co. Survey, and the West R.O.W. line of the St. Louis -
San Francisco and Texas Railroad;
THENCE SOUTH 89 degrees 52 minutes West with the South line of
said survey, same being the centerline of County Road 55, 951.4 feet
to an iron pin;
THENCE NORTH 0 degrees 37 minutes West with an old
established fence being the East line of a tract of Land described
in Volume 28491 Page 861, 203.4 feet to a corner post;
THENCE SOUTH 89 degrees 39 minutes West with said fence, same
being the North line of said tract 206.86 feet to a corner post;
THENCE SOUTH 0 degrees 18 minutes East with said fence 202.63
feet to an iron pin in the centerline of County Road 55;
THENCE SOUTH 89 degrees 52 minutes West with said road 1971.8
feet to an iron pin found;
THENCE NORTH 0 degrees 03 minutes West with said County Road
1196 feet to an iron pin found;
THENCE SOUTH 89 degrees 58 minutes East 45.25 feet to an iron
pin found;
THENCE in a Northerly direction with the East R.O.W. line of
FM Highway 428 as follows:
NORTH 0 degrees 13 minutes West 183.6 feet a concrete marker;
NORTH 2 degrees 49 minutes East 200.13 feet a concrete
marker;
NORTH 1 degree 23 minutes West 468.59 feet to an iron pin
found;
THENCE SOUTH 89 degrees 47 minutes 24 seconds East with an
established fence 2048.6 feet to an iron pin found;
THENCE SOUTH 1 degrees 02 minutes West with a fence 283.82 feet to
an iron pin found;
THENCE EASTERLY with an old fence as follows:
NORTH 89 degrees 43 minutes East 197.4 feet;
NORTH 138 degrees 35 minutes East 324 feet;
SOUTH 68 degrees 25 minutes East 205 feet;
SOUTH 82 degrees 14 minutes East 146.2 feet to an iron pin
found.
THENCE NORTH 0 degrees 13 minutes East with a fence 962.42
feet to an iron pin found;
THENCE NORTH 88 degrees 56 minutes East with a fence 533.9
feet to an iron pin found;
THENCE SOUTH 0 degrees 06 minutes East 135.64 feet to an iron
pin found;
THENCE SOUTH 87 degrees 45 minutes East 176.4 feet to an iron
pin found in the West R.O.W. line of the St. Louis - San Francisco
and Texas Railroad,'
THENCE SOUTH 11 degrees 51 minutes West with said R.O.W line
2547 feet to the place of beginning,
CONTAINING 157.54 acres.
EXHIBIT "A"
SITUATED in the B.B.B. & C. RR. Co. Survey, Abstract No. 132,
Collin County, Texas, and being more particularly described as
follows:
BEGINNING at an iron rod set for the Southeast corner of the
herein described tract, said iron rod is located West 980 feet from
the intersection of the middle of a county road and the West line of
the S.L.S.F. & T. Railroad Right-of-Way;
THENCE West with the middle of the said county road for a
distance of 208.8 feet to an iron rod set for corner;
THENCE North 00 degrees 04 minutes West for a distance of
198.3 feet to a fence corner found for corner;
THENCE South 89 degrees 58 minutes East for a distance of
108.1 feet to a fence corner found for corner;
THENCE 141 South 00 degrees 17 minutes-East for a distance of
198.2 feet to the PLACE OF BEGINNING, CONTAINING 0.95 acres of land,
more or less.
EXHIBIT A
TRACT I - Re-Survey
BEING all that certain tract or parcel of land situated in the
B.B.B. & C.R.R. Survey, Abstract No. 132, County of Collin, State of
Texas; said tract being part of a called 81.85 acre tract as shown
by Deed to E. L. Higgins, dated April 8, 1987, and recorded in
Volume 2599, Page 900 of the Deed Records of the County of Collin,
State of Texas, and being more fully described as follows:
BEGINNING for the Southwest corner of the tract being described
herein at a found 1/2 inch rebar by a fence corner post, said rebar
being the Southwest corner of said Higgins tract, and an ell corner
of a called 157.83 acre tract as shown by Substitute's Deed and
recorded in Volume 2998, Page 196 of said Deed Records;
THENCE North 00 degrees 43 minutes 13 seconds East, with the West
line of said Higgins tract, a distance of 282.98 feet to a found 1/2
inch rebar for a corner;
THENCE North 00 degrees 17 minutes 49 seconds West, with the West
line of said Higgins tract, a distance of 2303.19 feet to a found
1/2 inch rebar for a corner in Collin County Road Number 56 ( a
gravel surfaced public road);
THENCE South 85 degrees 53 minutes 29 seconds East, a distance of
19.49 feet to a found 1/2 inch rebar for a corner;
THENCE North 00 degrees 01 minutes 05 seconds East, with the West
line of said Higgins tract, and in said road, a distance of 744.59
feet to a found 1/2 inch rebar for a corner;
THENCE South 87 degrees 53 minutes 54 seconds East, with the North
line of said Higgins tract, and along the North line of Cedar Street
(an asphalt surfaced public street), a distance of 672.70 feet to a
set 1/2 inch steel square tubing for a corner;
THENCE South 00 degrees 01 minutes 29 seconds West, with the West
line of a 10 foot wide concrete alley part of the way, a distance of
824.71 feet to a set 1/2 inch steel square tubing for a corner;
THENCE South 87 degrees 14 minutes 21 seconds East, with-:the South
line of a 10 foot wide concrete alley part of the way, a distance
708.19 feet to a set 1/2 inch steel square tubing for a corner on the
East line of said Higgins tract, and the West line of a called 22.74
acre tract as shown by Deed to E. L. Higgins dated April 8, 1987; and
recorded in Volume 2599, Page 892 of said Deed Records;
THENCE South 00 degrees 00 minutes 40 seconds East, with the East
line of said Higgins tract, and the West line of said 22.74 acre
tract, a distance of 1562.30 feet to a found 1/2 inch rebar for a
corner;
THENCE South 89 degrees 04 minutes 33 seconds West, with an old
fence and tree line, a distance of 533.74 feet to a found 1/2 inch
rebar for a corner;
THENCE South 00 degrees 06 minutes 14 seconds West, with an old
fence and tree line, a distance of 963.27 feet to a set 1/2 inch
steel square tubing for a corner;
THENCE North 76 degrees 30 minutes 57 seconds West, a distance of
411.39 feet to a set 1/2 inch steel square tubing for a corner;
THENCE South 87 degrees 43 minutes 31 seconds West, a distance of
186.92 feet to a set 1/2 inch steel square tubing for a corner;
THENCE South 89 degrees 58 minutes 09 seconds West, a distance of
268.63 feet to the POINT OF BEGINNING and containing 81.528 acres of
land.
TRACT II - Correct
BEING all that certain tract or parcel of land situated in the
B.B.B. & C.R.R. Survey, Abstract Number 132, County of Collin,
State of Texas; said tract being shown by Deed to E. L. Higgins,
dated April 8, 1987, and recorded in Volume 2599, Page 892 of the
Deed Records of the County of Collin, State of Texas, and being more
fully described as follows:
BEGINNING for the Northeast corner of the tract being described
herein at a set 1/2 inch steel square tubing by a fence corner post,
said tubing being the Northeast corner of said Higgins tract, and on
the West right-of-way line of the St. Louis, San Francisco & Texas
Railroad;
THENCE South 11 degrees 58 minutes 12 seconds West, with the East
line of said Higgins tract, and the West line of said Railroad
right-of-way, a distance of 2313.40 feet to a set 1/2 inch steel
square tubing for a corner;
THENCE South 73 degrees 35 minutes 22 seconds West, a distance of
20.00 feet to a set 1/2 inch steel square tubing for a corner;
THENCE South 29 degrees 22 minutes 23 seconds West, a distance of
320.00 feet to a set 1/2 inch steel square tubing for a corner;
THENCE South 88 degrees 37 minutes 53 seconds West, a distance of
62.38 feet to a .fence corner-post for the Southwest corner of said
Higgins tract;
THENCE North 00 degrees 01 minutes 25 seconds East, with the West
line of said Higgins tract, a distance of 135.91 feet to a found 1/2
inch rebar for .corner;
THENCE North 00 degrees 00 minutes 40 seconds West, with the West
line of said Higgins tract, a distance of 1567.31 feet to a found
1/2 inch rebar for a corner;
THENCE North 00 degrees 02 minutes 00 seconds East, with the West
line of said Higgins tract, a distance of 421.32 feet to a found 1/2
inch rebar for a corner;
THENCE-North 89 degrees 30 minutes 57 seconds East, a distance of
311.57 feet to a fence corner post for a corner;
THENCE North 00 degrees 03 minutes 04 seconds West, a distance of
416.61 feet to a fence corner post for a corner;
THENCE North 89 degrees 15 minutes 06 seconds East, a distance of
407.15 feet to the POINT OF BEGINNING and containing 22.741 acres of
land.
EXHIBIT A
SITUATED in Collin County, Texas, in the Collin County School Land
Survey, Abstract No. 167, being a resurvey of the 33.62 acre First
Tract and the 6.26 acre Second Tract as described in a deed from
B.F. Gearhart and Alice Gearhart to R. L. Willard dated August 9,
1909, recorded in Volume 206, Page 493 of the Collin County Deed
Records, and, the land owned and claimed by B.F. Willard and Joe
Frank Willard, being described by metes and bounds as follows:
BEGINNING at a 1/2" iron pin set beside a corner post at the
southwest corner of said 6.26 acre tract, at an ell corner of the
Don Thomas Glendenning Family Trust 77.7100 acres, Ref. V. 4444, P.
2963;
Thence North, with the west line of said 6.26 acre tract, an east
line of said 77.7100 acre tract, with.an old fence, passing a 1/2"
iron pin set on the north side of a corner post at 374.49 feet and
continuing in all 419.87 feet to a PK nail set at the northwest
corner of said 6.26 acre tract, the northeast corner of said 77.7100
acre tract, in the center of the asphalt paved County Road No. 55
and in the south line of the Rex K. Glendenning 156.54 acres, Ref.
V. 3788, P. 205;
Thence North 89 degrees 42 minutes 17 seconds East, 1554.87 feet
with the north line of said 6.26 acre tract, the north line of said
33.62 acre tract, the south line of said 156.54 acre tract and with
the center of said County Road No. 55 to a PK nail set at the
northeast corner of said 33.62 acre tract, the southeast corner of
said 156.54 acre tract and in the west R.O.W. line of the Burlington
Northern Railroad;
Thence South 11 degrees 43 minutes 44 seconds West, with the east
line of said 33.62 acre tract and with said west R.O.W. line,
passing a 1/2" iron pin set in said line at 61.35 feet and
continuing in all 2810.81 feet to a 1/2" iron pin set in said west
R.O.W. line, on the west side of a cross-tie corner post at the
southeast corner of said 33.62 acre tract and the northeast corner
of the Eugene Stone 4:66 acres, Ref. V. 810, P. 64;
Thence South 89 degrees 38 minutes 16 seconds West, with the south
line of said 33.62 acre tract, the north line of said 4.66 acre
tract and with the evidence of an old fence, passing a 1/2 inch iron
pin set beside an old post at 250.96 feet and continuing in all
359.86 feet to a 1/2" iron pin set at the southwest corner of said
33.62 acre tract, the northwest corner of said 4.66 acre tract, in
the east line of said 77.7100 acre tract and on the west side of
County Dirt Road No. 1117;
Thence North, with the west line of said 33.62 acre tract, the east
line of said 77.7100 acre tract, coming to the center of said Dirt
Road at approximately 200 feet and continuing with the center of
said County Road No. 1117, in all 2331.25 feet to a 1/2" iron pin set
in the center of said Dirt Road at the southeast corner of said 6.26
acre tract and in the west line of said 33.62 acre tract;
Thence South 89 degrees 33 minutes 55 seconds West with the south
line of said 6.26 acre tract, with a north line of said 77.7100 acre
tract, passing a 1/2" iron pin set beside a corner post at 19.4 feet
and continuing with an old fence in all 623.64 feet to the PLACE OF
BEGINNING and containing 46.743 acres of land.
EXHIBIT B
"PERMITTED EXCEPTIONS"
1. Easement granted by Joe F. Willard to County of Collin, filed
10/02/1997, recorded in Volume 4010, Page 569, Land Records of
Collin County, Texas, and as shown on survey of G.M. Geer, R.P.L.S.
#3258, dated 12/30/2002.
2. Easement rights, if any, relative to the overhead electric line
and poles as - shown on survey of G.M. Geer, R.P.L.S. #3258, dated
12/30/2002.
3. That portion of the property lying within the right-of-way of
County Road No. 1117 as shown on survey of G.M. Geer, R.P.L.S.
#3258, dated. 12/30/2002.
4. Standby fees, taxes and assessments by any taxing authority for
the year 2003, and subsequent years.
EXHIBIT "A1"
BEING all that certain tract or parcel of land lying and being
situated in Collin County, Texas; a part of the COLLIN COUNTY SCHOOL
LAND SURVEY, ABSTRACT NO. 167, and being and including all that
certain tract said to contain 50.00 acres as described in a deed
from Charlie Ann Tate Lewis to Shaul C. Baruch, Trustee, recorded in
V
BEING all that certain tract or parcel of land lying and being
situated in Collin County, Texas, a part of the COLLIN COUNTY SCHOOL
LAND SURVEY, ABSTRACT NO. 167, and being and including all that
certain tract said to contain 50.00 acres as described in a deed
from Charlie Ann Tate Lewis to Shaul C. Baruch, Trustee, recorded in
Volume 2751, Page 693 of the Land Records of Collin County, said
tract or parcel of land is herein described as follows: to wit:
BEGINNING at an 1/2 inch iron rod found on the West right-of-way
line of State Highway No. 289 for the Northeast corner of said
called 50.00 acre tract, said corner being on the North line of a
called 118 acre tract described:-in a deed to L. L. Lewis recorded
.in Volume. 206, Page 196 of the Deed Records of Collin County, said
corner also being in the center of a County Road running in'an
Easterly and Westerly direction;
THENCE along the West right-of-way line of said State Highway No.
289, South 01: degrees 10 minutes 04 seconds East 831.09 feet to an
1/2 inch .iron rod found for corner;
THENCE South 88 degrees 53 minutes 04 seconds West 208.08 feet to an
1/2 inch-iron rod found-for corner;
THENCE South 01 degrees 05 minutes 21 seconds East 480.06 feet to an
1/2 inch iron rod found for corner, said corner being the Northeast
corner of a called 66.115 acre tract described in a deed to Charlie
Ann Tate Lewis-as recorded in Volume 3049, Page 833 of the Land
Records of :Collin County;
THENCE South 88 degrees 49 minutes 17 seconds West along the South
line hereof, common with the North line of said called 66.115 acre
tract, a distance of 1667.09 feet to an 1/2 inch iron rod found In
the East right-of-way line of the Burlington Northern and Santa Fe
Railroad;
THENCE along last named line, North 10 degrees 40 minutes 49.
seconds East. 1337.71 feet to an 1 inch iron rod found in the center
of said County Road;
THENCE North 88 degrees 45 minutes 30 seconds East a distance of
1601.17 feet to the PLACE OF BEGINNING and containing 49.985 acres
of land, more or less.
EXHIBIT "A"
All that certain tract or parcel of land situated in Lot B of
Subdivision number 14 of the Collin County School Land Survey
A-167, County of Collin State of Texas as shown on plat recorded in
Volume 03, Page 118 of the Deed Records of Collin County, Texas, and
said tract being the remaining tract of a called 118 acre tract as
described in deed to L.L. Lewis filed 10 November 1916 and recorded
in Volume 206, Page 196 of said Deed Records and being more fully
described as follows:
Beginning for the northeast corner of the tract being described
herein at a found 1/2 inch rebar with a plastic cap marked Alliance,
said rebar being the northeast remainder corner of said Lewis
tract, same being the most easterly southeast corner of a called
49.985 acre tract as described in deed to Old Celina. Ltd. filed 11
July 2002 and recorded in Volume 5208, Page 3398 of said Deed
Records and said rebar being on the west line of State Highway
Number 289;
Thence South 01 degrees 27 minutes 19 seconds East, with the west
line of said highway a distance of 30.62 feet to a wood right of way
monument for an angle point in the west line of said highway;
Thence South 01 degrees 56 minutes 18 seconds East, with the west
line of said highway, a distance of 316.17 feet to a found 1/2 inch
rebar with a plastic cap marked Alliance for an angle point in the
west line of said highway;
Thence South 00 degrees 23 minutes 33 seconds East, with the west
line of said highway a distance of 333.51 feet to a found 1/2 inch
rebar with a plastic cap marked Alliance for the southeast
remainder corner of said Lewis tract, same being the most easterly
northeast corner of a called 66.020 acre tract as described in deed
to Old Celina Ltd. filed 31 July 2003, and recorded in Volume 5471,
Page 1109 of said Deed Records;
Thence South 88 degrees 49 minutes 36 seconds West, with the north
line of said Old Celina 66 acre tract, a distance of 209.37 feet to a
found 1/2 inch rebar with a plastic cap marked Alliance for the
southwest remainder corner of said Lewis tract; same being an ell
corner of said Old Celina 66 acre tract;
Thence North 01 degrees 10 minutes 27 seconds West, with the east
line of said Old Celina 66 acre tract and passing the most northerly
northeast corner of said Old Celina 66 acre tract, same being the
most southerly southeast corner of said Old Celina 49.985 acre
tract and continuing on said course with the east line of said Old
Celina 49.985 acre tract a distance of 680.17 feet to a found 1/2
inch rebar with a plastic cap marked Alliance for the northwest
remainder corner of said Lewis tract, same being an ell corner of
said Old Celina 49.985 acre tract
Thence North 88 degrees 48 minutes 36 seconds East, with the south
line of said Old Celina 49.985 acre tract a distance of 209.56 feet
to the POINT OF BEGINNING and containing 3.305 acres of land, more
or less.
EXHIBIT "A"
Legal Description
Being a tract of land situated in the Collin County School Land
Survey, Abstract No. 14, Abstract No. 167, Collin County, Texas,
and being the same tract of land as described n the deed to Charlie
Ann Tate Lewis according to the deed recorded in Volume 3049, Page
633 of the Deed Records of Collin County, Texas, (D.R.C.C.T.) and
being more particularly described as follows:
BEGINNING of a 1/2 inch iron rod found at the northwest corner of
said Lewis tract, said iron rod also lying on east right-of-way line
of the S.O. & S.F. Railroad;
THENCE North 88 degrees 49 minutes 19 seconds East, along the common
line of said Lewis tract, and a tract of land conveyed to Rex
Glendenning according to the deed recorded in Volume 4476, Page 280
D.R.C.C.T., (for a distance of 1.67.42 feet to a 1/2 inch iron rod
found at a common interior Interior corner of same;
THENCE South 01 degrees 10 minutes 41 seconds East to leaving said
common line, for a distance of 197.35 feet to a 5/8 inch iron rod
with cap stamped R.P.L.S. 5430 set for corner;
THENCE North 88 degrees 48 minutes 28 seconds East for a distance of
206.70 feet to a 5/8 inch iron rod with cap stamped R.L.P.S. 5430
set on the West right-of--way line of State Highway No. 289;
THENCE South 01 degrees 13 minutes 34 seconds East along said West
right-of-way line, for a distance of 1,242.72 feet to a 5/8 iron rod
with cap stampoed R.P.L.S. 5420 set at the Southeast corner of the
aforementioned Lewis tract;
THENCE South 88 degrees 53 minutes 32 seconds West leaving said west
right-of-way line along the south line of said Lewis tract passing
at a distance of 538.88 feet a 1/2 inch iron rod found near the
intersection of a barbed wire fence, and continuing with said fence
passing at a distance of 2,032.87 feet a 3/8 inch iron rod found,
and continuing for a total distance of 2, 179.17 to a 5/8 inch iron
rod with cap stamped R.P.L.S. 5430 set at the southwest corner of
said Lewis tract, and also lying on the east right-of-way line of
the aforementioned S.L. & S.F. Railroad;
THENCE North 10 degrees 41 minutes 21 seconds East along said East
right-of-way line, for a distance of 1,468.61 feet to the PLACE OF
BEGINNING, and containing 2,875.811 square feet or 66.020 acres of
land.
Exhibit A
BEING a 13.50 acre tract of land situated in the COLLIN COUNTY
SCHOOL LAND SURVEY NO. 14, ABSTRACT NO. 167, Collin County, Texas,
and a portion of a called 38 acre tract of land as conveyed to Dan P.
Stone, by deed recorded in Volume 831, Page 82, of the Deed Records
of Collin County, Texas, and being more particularly described as
follows:
BEGINNING at a 1/2 inch iron rod found for the Northeast corner of
said called 38 acre tract, said point also being the Northwest
corner of a called 16 acre tract of land as conveyed to Candice
Chen, by deed recorded in Volume 5836, Page 545 of the Deed Records
of Collin County, Texas, said iron rod also being in the South line
of a tract of land conveyed to Old Celina, Ltd., by deed recorded in
Volume 5471, Page 1109, of the Deed Records of Collin County, Texas;
THENCE South 00 degrees 58 minutes 32 seconds East, along the common
line of said 38 acre tract, and said Chen tract as recorded in
Volume 5836, Page 545, a distance of 473.70 feet to a point for
corner;
THENCE North 90 degrees 00 minutes 00 seconds West, through the
interior of said called 38 acre tract, a distance of 1244.34 feet to
a point for corner, said point being in the East line of said called
38 acre tract, same being in the West line of a tract of land
conveyed to Ayala Metro Park Properties, Ltd., as recorded in
Volume 5431, Page 6738, of the Deed Records of Collin County, Texas;
THENCE North 00 degrees 19 minutes 12 seconds West, along the common
line of said called 38 acre tract, and said Ayala Metro Park
Properties, a distance of 473.64 feet to a 1/2 inch iron rod found
for corner, said point being the Northwest corner of said called 38
acre tract, same being the Northeast corner of said Ayala Metro Park
Properties, Ltd. tract, and being in the South line of said Old
Celina, Ltd. tract;
THENCE South 90 degrees 00 minutes 00 seconds East, along the common
line of said 38 acre tract, and said Old Celina, Ltd. tract, a
distance of 1238.92 feet to the POINT OF BEGINNING and containing
588,075 square feet or 13.50 acres of computed land, more or less.
Exhibit A
BEING a 13.50 acre tract of land situated in the COLLIN COUNTY
SCHOOL LAND SURVEY NO. 14, ABSTRACT NO. 167, Collin County, Texas,
and a portion of a called 38 acre tract of land as conveyed to Dan P.
Stone by deed recorded in Volume 831, Page 82, of the Deed Records
of Collin County, Texas, and being more particularly described as
follows:
COMMENCING at a 1/2 inch iron rod found for the Northeast corner of
the said called 38 acre tract, said point also being the Northwest
corner of a called 16 acre tract of land as conveyed to Candice
Chen, by deed recorded in Volume 5836, Page 545, of the Deed Records
of Collin County, Texas, said iron rod also being in the South line
of a tract of land conveyed to Old Celina, Ltd., by deed recorded In
Volume 5471, Page 1109, of the Deed Records of Collin County, Texas;
THENCE South 00 degrees 58 minutes 32 seconds East, along the common
line of said called 38 acre tract, and said Chen tract as recorded
in Volume 5836, Page 545, a distance of 473.70 feet to the POINT OF
BEGINNING;
THENCE South 00 degrees 58 minutes 32 seconds East, along the common
line of said called 38 acre tract, and said Chen tract as recorded
in Volume 5836, Page 545, passing a 3/8 inch iron rod found for the
Southwest corner of said Chen tract, same being the Northwest comer
of a tract of land conveyed to Candice Chen, by deed recorded in
Volume 5836, Page 552, of the Deed Records of Collin County, Texas,
and continuing along the common line of said called 38 acre tract
and said Chen tract as recorded in Volume 5836, Page 552, passing a
3/8 Inch Torn rod found for the Southwest corner of said Chen tract
as recorded in Volume 5836, Page 552, same being the Northwest
corner of a tract of land conveyed to Candice Chen, by deed recorded
In Volume 5836, Page 560, of the Deed Records of Collin County,
Texas, and continuing a total distance of 846.30 feet to a 1/2 inch
iron rod found for corner, said point being the Southeast comer of
said Stone tract, same being the Southwest corner of said Chen tract
recorded in Volume 5836, Page 560, said point being in the
centerline of County Road No. 53, said point also being in the North
line of a called 40 acre tract of land described by the deed
recorded in Volume 682, Page 259, of the Deed Records of Collin
County, Texas;
THENCE South 89 degrees 43 minutes 40 seconds West, along the common
line of said called 38 acre tract, and said called 40 acre tract,
and the center line of County Road No. 53, a distance of 287.84 feet
to a point for corner;
THENCE North 00 degrees 19 minutes 12 seconds West, through the
interior of said called 38 acre tract, a distance of 847.56 feet to
a point for corner;
THENCE South 90 degrees 00 minutes 00 seconds East, through the
interior of said called 38 acre tract, a distance of 278.16 feet to
the POINT OF BEGINNING and containing 239,668 square feet or 5.50
acres of computed land, more or less.
Exhibit A
Being a 9.426 acre tract of land situated in the COLLIN COUNTY
SCHOOL LAND SURVEY NO. 14, ABSTRACT NO. 167, Collin County, Texas,
and a portion of a called 38 acre tract of land as conveyed to Dan P.
Stone, by deed recorded in Volume 831, Page 82, of the Deed Records
of Collin County, Texas, and being more particularly described as
follows:
COMMENCING at a 1/2 Inch iron rod found for the northeast corner of
the said called 38 acre tract, said point also being the Northwest
corner of a called 16 acre tract of land as conveyed to Candice
Chen, by deed recorded In Volume 5836, Page 545, of the Deed Records
of Collin County, Texas, said iron rod also being in the south line
of a tract of land conveyed to Old Celina, Ltd., by deed recorded in
Volume 5471, Page 1109, of the Deed Records of Collin County, Texas;
THENCE South 00 degrees 58 minutes 32 seconds East, along the common
line of said Stone tract, and said Chen tract as recorded In Volume
5836, Page 545, a distance of 473.70 feet to a point for corner,
THENCE North 90 degrees 00 minutes 00 seconds West, through the
interior of said called 38 acre tract, a distance of 761.90 feet to
a point for corner, said point being the POINT OF BEGINNING;
THENCE South 00 degrees 19 minutes 12 seconds East, through the
interior of said called 38 acre tract, a distance of 849.86 feet to
a point for corner, said point being In the South line of said
called 38 acre tract, same being In the center line of County Road
No. 53, same being in the North line of a called 40 acre tract of
land described by the deed recorded in Volume 682, Page 259, of the
Deed Records of Collin County, Texas;
THENCE South 89 degrees 43 minutes 40 seconds West, along the common
line of said called 38 acre tract, and said called 40 acre tract,
and the center line of County Road No. 53, a distance of 482.43 feet
to a 1/2 inch iron rod found for corner, said point being the
Southwest corner of said called 38 acre tract;
THENCE North 00 degrees 19 minutes 12 seconds West, along the West
line of said called 38 acre tract, passing the Southeast corner of a
tract of land conveyed to Ayala Metro Park Properties, Ltd., as
recorded in Volume 5431, Page 6738, of the Deed Records of Collin
County, Texas, at a distance of 22.29 feet, and continuing along the
common line of said called 38 acre tract, and said Ayala Metro Park
Properties, Ltd. tract, a total distance of 852.15 feet to a point
for corner;
THENCE North 90 degrees 00 minutes 00 seconds East, through the
interior of said called 38 acre tract, a distance of 482.44 feet to
the POINT OF BEGINNING and containing 410,551 square feet or 9.425
acres of computed land, more or less.
Exhibit A
BEING a 9.426 acre tract of land situated in the Collin County
School Land Survey No. 14, Abstract No. 167, Collin County, Texas,
and a portion of a called 38 acre tract of land as conveyed to Don P.
Stone, by deed recorded in Volume 831, Page 82, of the Deed Records
of Collin County, Texas, and being more particularly described as
follows:
COMMENCING at a 1/2 inch iron rod found for the northeast corner of
the said called 38 acre tract, said point also being the Northwest
corner of a called 16 acre tract of land as conveyed to Candice
Chen, by deed recorded In Volume 5836, Page 545, of the Deed Records
of Collin County, Texas, said iron rod also being in the south line
of a tract of land conveyed to Old Celina, Ltd. by deed recorded in
Volume 5471, Page 1109, of the Deed Records of Collin County, Texas;
THENCE South 00 degrees 58 minutes 32 seconds East, along the common
line of said called 38 acre tract, and said Chen tract as recorded
in Volume 5836, Page 545, a distance of 473.70 feet to a point for
corner;
THENCE North 90 degrees 00 minutes 00 seconds West, 278.16 feet to
the POINT OF BEGINNING;
THENCE South 00 degrees 19 minutes 12 seconds East, through the
interior of said called 38 acre tract, a distance of 847.56 feet to
a point for corner, said point being in the south line of said
called 38 acre tract, same being in the center line of County Road
No. 53, said point also being in the north line of a called 40 acre
tract of land described by the deed recorded in Volume 682, Page
259, of the Deed Records of Collin County, Texas;
THENCE South 89 degrees 43 minutes 40 seconds West, along the common
line of said 38 acre tract, and said called 40 acre tract, and the
center line of County Road No. 53, a distance of 483.73 feet to a
point for corner;
THENCE North 00 degrees 19 minutes 12 seconds West, through the
interior of said called 38 acre tract, a distance of 849.86 feet to
a point for corner;
THENCE South 90 degrees 00 minutes 00 seconds East, through the
interior of said called 38 acre tract, a distance of 483.74 feet to
the POINT OF BEGINNING and containing 410,545 square feet or 9.428
acres of computed land.
Exhibit A
Tract One
All that certain tract or parcel of land situated in Lot 8 of
Subdivision 14 of the Collin County School Lands, Abstract Number
167, County of Collin, State of Texas, according to plat of the same
recorded in volume 03 page 118 of the deed records of Collin County,
Texas, said tract being part of the monumented tract on the ground
of a called 8.772 acre tract as described to deed to Ryno Materials,
Inc., filed 21 April 2006, and recorded in county clerks number
06-000536590 of the deed records of the County of Collin, State of
Texas, and being more fully described as follows,
Beginning for the northeast corner of the tract being described
herein at a found 3/8 inch rebar, said rebar being the northeast
corner of said Ryno tract, same being the northwest corner of a
called 7,646 acre tract as described in deed to Ayala Metro Park
Properties,, filed 04 Jury 2003, and recorded in volume 5431 page
6738 of said deed records, said rebar also being on the south line
of a caled 66.02 acre tract as described in deed to Old Celina, Ltd,
filed 31 July 2005, and recorded in volume 5471 page 1109 of said
deed records;
Thence: South 00 degrees 07 minutes 36 seconds West, with the
monumented east line of said Ryno tract, a distance of 201.95 feet
to a set 1/2 inch steel square tubing, for the southeast corner of
this tract;
Thence: North 89 degrees 05 minutes 00 seconds West, a distance of
191.73 feet to a set 1/2 inch steel square tubing for the southwest
corner of this tract, said tubing being on the west line of said
Ryno tract, same being the east line of the Burlington Northern
,Railroad,●
Thence: North 12 degrees 48 minutes 09 seconds East, with the east
line of said railroad a distance of 206.40 feet to a set 1/2 inch
steel square tubing for the northwest corner of said Ryno tract,
same being the southwest corner of said Old Celina tract, and said
tubing being South 24 degrees 24 minutes 28 seconds West, a distance
of 5.89 feet from a found 1/2 Inch rebar with a plastic cap marked
Wisdom 3646;
Thence, South 89 degrees 04 minutes 00 seconds East, with the north
line of said Ryno tract, and with the south line of said Old Celina
tract, a distance of 146.45 feet to the POINT OF BEGINNING and
containing 0.784 of an acre of land
Exhibit
Tract Three
All that certain tract or parcel of land situated in Lot 8 of
Subdivision 14 of the Collin County School Lands, Abstract Number
167, County of Collin State of Texas, according to plat of the same
recorded in volume 03 page 118 of the deed records of Collin County,
Texas, sold tract being part of the monumented tract on the ground
of a called 8.772 acre tract as described in deed to Ryno
.Materials, Inc., filed 2l April 2006, and recorder! in county
clerks number 06-000536590 of the deed records of the County of
Collin, State of Texas, and being more fully described as follows:
Beginning for the northeast corner of the tract being described
herein at a set 1/2 inch steel square tubing, said tubing being an
the monumented east line of said Ryno tract, and said tubing being
South 00 degrees 07 minutes 36 seconds West, a distance of 651,67
feet from a found 3/8 inch rebar, said rebar being the northeast
corner of said Ryno tract, same being the northwest corner of a
called 7.646 acre tract as described in deed to Ayala Metro Park
Properties, filed 04 June 2003, and recorded in volume 5431 page
6738 of said deed records, said rebar also being on the south line
of a caled 66.02 acre tract at described in deed to Old Celina, Ltd,
filed 31 July 2003, and recorded In volume 5471 page 1109 of said
deed records;
Thence: South 00 degrees 07 minutes 36 seconds West, with the
monumented east line of-raid Ryno tract and passing at 648.22 feet a
found 1/2 inch rebar with a plastic cap marked Wisdom 3646 on the
north side of Collin County Road Number 53, and continuing on said
course a total distance of 674.50 feet to a point for the southeast
corner of this tract;
Thence: North 89 degrees 05 minutes 00 seconds West, with the south
line of said Ryno tract, and with said road a distance of 393.80
feet to a set railroad spike for the most southerly southwest corner
of said Ryno tract;
Thence. North 12 degrees 48 minutes 34 seconds West, with the
monumented west line of sold Ryno tract, and passing at 24.11 feet a
found "X" in a concrete wall on the north side of said road and
continuing on said course, a total distance of 178.85 feet to a
found 1/2 inch rebar with a plastic cap marked Wisdom 3646 for the
monumented ell corner of said Ryno tract;
Thence: North 89 degrees 02 minutes 33 seconds West, with the
monumented south line of said Ryno tract, a distance of 50 06 feet
to a found 1/2 inch rebar with a plastic cap marked Wisdom 3646 for
the monumented most westerly southwest corner of said Ryno tract,
said rebar being the east line of the Burlington Northern Railroad.
Thence: North 12 degrees 48 minutes 09 seconds East, with the east
line of said railroad a distance of 510.33 feet to a set 1/2 inch
steel square tubing for the northwest corner of this tract;
Thence: South 89 degrees 05 minutes 00 seconds East, a distance of
292,60 feet to the POINT OF BEGINNING and containing 5.500 acres of
land
Exhibit A
Tract Two
All that certain tract or parcel of land situated in Lot 8 of
Subdivision 14 of the Collin County School Lands, Abstract Number
167, County of Collin State of Texas, according to plat of the same
recorded In volume 03 page 118 of the deed records of Collin County,
Texas, .said tract being part of the monumented tract on the ground
of a called 8.772 acre tract as described in deed to Ryno Materials,
Inc., filed 21 April 2006, and recorded In county clerks number
06-000536590 of the deed records of the County of Collin; State of
Texas, and being more fully described as follows:
Beginning for the northeast corner of the it-act being described
herein at a set 1/2 inch steel square tubing, said tubing being on
the monumented east line of said Ryno tract, and said tubing being
South 00 degrees 07 minutes 36 seconds West, a distance of 201.95
feet from a found 3/8 inch rebar, said rebar being the northeast
corner of said Ryno tract, same being the northwest corner of a
called 7 646 acre tract as described in deed to Ayala Metro, Park
Properties, filed 04 June 2003, and recorded in volume 5431 page
6738 of said deed records, said re bar also being on the south line
of a caled 66 02 acre tract as described in deed to Old Celina Ltd,
fi1ed 31 July 2005, and recorded in volume 547,1 page 1109 of said
deed recasts;
Thence:. South 00 degrees 07 minutes 36 seconds West, with the
monumented east line of said Ryno tract, a distance of 449.72 feet
to a set 1/2 inch steel square tubing for the southeast corner of
this tract;
Thence: North 89 degrees 05 minutes 00 seconds West, a distance of
292.60 feet to a set 1/2 inch steel square tubing for the southwest
corner of this tract, said tubing being on the west line of said
Ryno tract, same being the east line of the Burlington Northern
Railroad;
Thence: North 12 degrees 48 minutes 69 seconds East, with the east
line of said railroad, a distanee of 439.53 feet to a set 1/2 inch
steel square tubing for the northwest corner of this tract;
Thence: South 89 degrees 05 minutes 00 seconds East, a distance of
191.75 feet to the POINT OF BEGINNING and containing 2.500 acres of
land.
Exhibit "A" 4 5 5 1 1849
BEING a tract of land situated in the COLLIN COUNTY SCHOOL LAND
SURVEY, ABSTRACT NO. 167, Collin County, Texas, and also being part
of a 125.871 acre tract as recorded in Volume 1775, Page 454 of the
Deed Records of Collin County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod set for corner at the Northwest
corner of 70.0 acre tract as recorded in Volume 2868, Page 203, Deed
Records, Collin County, Texas, said iron rod also being in the West
line of a 72.00 acre tract as recorded in Volume 2532, Page 562,
Deed Records, Collin County, Texas;
THENCE South 89 degrees 56 minutes 19 seconds West following the
North line of said 70 acre tract a distance of 2266.24 feet to a 1/2
inch iron rod set for corner at the Northwest corner of said 70.00
acre tract, said iron rod also being in the East right of way line of
State Highway No. 289 a variable-width ROW;
THENCE following the-East ROW line of State Highway No. 289:
North 18 degrees 10 minutes 56 seconds East, 24.17 feet 1/2
inch iron rod set;
North 19 degrees 19 minutes 00 seconds East, 254.08 feet 1/2
inch iron rod set;
North 89 degrees 46 minutes 00 seconds East, 103.11 feet-l/2
inch iron rod set;`
North 02 degrees 20 minutes 00 seconds West, 35.64 feet 1/2
inch iron rod set;
North 04 degrees 18 minutes 00 seconds West, 170.90 feet 1/2
inch iron rod set;
North 18 degrees 11 minutes 00 seconds East, 122.11 feet 1/2
inch iron rod set;
North l2 degrees 28 minutes 00 seconds East, 100.50 feet 1/2
inch iron rod set;
North 14 degrees 22 minutes 00 seconds East, 300.67 feet 1/2
inch-iron-rod set;
THENCE North 18 degrees 11 minutes 00 seconds East following the
East ROW line of State Highway No. 289 a distance of 200.09 feet to a
1/2 inch iron rod set for corner at the Southwest corner-of a 8.755
acre tract as recorded in Volume 814, Page 808, Deed Records, Collin
County, Texas;
THENCE North 88 degrees 04 minutes 32 seconds East following the
South line of said 8.755 acre tract a distance of 555.09 feet to a
1/2 inch iron rod found for corner at the Southeast corner of said
8.755 acre tract, said iron rod also being at the Southwest corner
of a 117.12 acre tract as recorded in Volume 2532, Page 562, Deed
Records, Collin County, Texas;
THENCE North 88 degrees 56 minutes 39 seconds East following the
South line of said 117.12 acre tract a distance of 1312.82 feet to a
5/8 inch iron rod found for corner at the Northwest corner of said
72.00 acre tract;
THENCE South 01 degree 01 minute 35 seconds East following the West
line of said 72.00 acre tract a distance of 1205.28 feet to the
POINT OF BEGINNING and containing 2,427,096 square feet or 55.718
acres of land, more or less.
Exhibit A
BEING a 2.59 acre tract of land situated in the Collin County School
Land Survey, Abstract No. 167, in the City of Celina, COLLIN County,
Texas, and being portion of a tract of a called 125.871 acre tract
of land conveyed to Old Celina, Ltd. by deed recorded in Volume
1775, Page 454, of the Deed Records of Collin County, Texas, and
being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod found for the Southwest corner of
a called 8.755 acre tract of land recorded in Volume 814, Page 808,
of the Deed Records of COLLIN County, Texas, same being in the East
right-of-way line of State Highway No. 289 (a variable width
right-of-way);
THENCE North 88 degrees 04 minutes 32 seconds East, along the South
line of said called 8.755 acre tract, a distance of 340.00 feet to a
112 inch iron rod set for corner, said point being the POINT OF
BEGINNING;
THENCE North 88 degrees 04 minutes 32 seconds East, continuing
along the South line of said called 8.755 acre tract, a distance of
63.90 feet to a 1/2 inch iron rod set for corner;
THENCE South 18 degrees 11 minutes 00 seconds West, through the
interior of said called 125.871 acre tract, a distance of 602.60
feet to a 1/2 inch iron rod set for corner;
THENCE South 88 degrees 04 minutes 32 seconds West, through the
interior of said called 125.871 acre tract, a distance of 372.79
feet to a 1/2 inch iron rod set for corner, said point being in the
East right-of-way line of said State Highway No. 289;
THENCE North 12 degrees 28 minutes 00 seconds East, along the East
right-of-way line of said State Highway No. 289, a distance of 92.27
feet to a 1/2 Inch Iron rod set for corner;
THENCE North 14 degrees 22 minutes 00 seconds East, along the East
right-of-way line of said State Highway No. 289, a distance of
155.95 feet to a 1/2 inch iron rod set for corner;
THENCE North 88 degrees 04 minutes 32 seconds East, through the
interior of said called 125.871 acre tract, a distance of 329.74
feet to a 1/2 inch iron rod set for corner;
THENCE North 18 degrees 11 minutes 00 seconds East, through the
interior of said called 125.871 acre tract, a distance of 348.02
feet to the POINT OF BEGINNING and CONTAINING 112,734 square feet or
2.59 acres of computed land, more or less.
EXHIBIT A
SITUATED in the State of Texas, County of Collin, being part of the
Collin County School Land Survey, Abstract No. 167, being the
resurvey of a called 70.00 acre tract of land recorded in Volume
2868, Page 203 of the Collin County Land Records with said premises
being more particularly described as follows:
BEGINNING at a 1/2-inch iron rod found marking the northeast corner
of said 70.00 acre tract, the southeast corner of a 55.718 acre
tract surveyed by David Surdukan dated October 4, 1999, said
beginning corner also being in the west line of a 74.00 acre tract
recorded in Volume 314, Page 534 of the Collin County Deed Records;
THENCE with the east line of said 70.00 acre tract and the west line
of said 74.00 acre tract as follows:
South 00 degrees 39 minutes 50 seconds East, 557.47 feet;
South 09 degrees 53 minutes 25 seconds West, 11.80 feet;
South 01 degrees 00 minutes 34 seconds East, 860.79 feet to a
railroad spike found in the asphalt of County Road No. 91 marking
the southeast corner of said 70.00 acre tract and being in the north
line of a 21.970 acre tract recorded under Volume 4388, Page 2079 of
the Collin County Land Records;
THENCE along County Road No. 91, the south line of said 70.00 acre
tract, the north line of said 21.970 acre tract and the north line
of 10.476 acre tract recorded in volume 788, Page 714 of the Collin
County Deed Records, South 88 degrees 29 minutes 47 seconds West,
1302.22 feet to a railroad spike found marking the most southerly
southeast corner of said 70.00 acre tract;
THENCE with a west line of said 70.00 acre tract and an east line of
a 40.886 acre tract recorded under County Clerk No. 93-0018472 of
the Collin County Land Records, North 01 degrees 05 minutes 25
seconds West, 428.80 feet to a 5/8-inch iron rod found marking the
most northerly northeast corner of said 40.886 acre tract;
THENCE with a south line of said 70.00 acre tract and the north line
of said 40.886 acre tract, South 88 degrees 24 minutes 24 seconds
West, 777.67 feet to a 1/2 inch iron rod found marking the southeast
corner of an abandoned 60-foot road right-of-way;
THENCE with the south line of said abandoned road right-of-way,
South 88 degrees 26 minutes 57 seconds West, 544.48 feet to a
3/8-inch iron rod found in the east right-of-way line of State
Highway 289 (variable R.O.W.) marking the southwest corner of said
road abandonment;
THENCE with the east right-of-way line of State Highway No. 289 and
the west line of said 70.00 acre tract as follows:
North 17 degrees 47 minutes 47 seconds East, 63.75 feet to a
1/2-inch iron found;
North 17 degrees 14 minutes 00 seconds East, 284.05 feet to a
1/2-inch iron rod set;
North 18 degrees 11 minutes 00 seconds East, 775.83 feet to a
1/2-inch iron rod found marking the northwest corner of said 70.00
acre tract and the southwest corner of the aforementioned 55.718
acre tract;
THENCE with the north line of said 70.00 acre tract and the south
line of said 55.718 acre tract, North 89 degrees 56 minutes 19
seconds East, 2266.24 feet to the point of beginning and containing
70.802 gross acres of land.
EXHIBIT B
"PERMITTED EXCEPTIONS"
1. Thirty foot (30') wide easement granted by George Wu to the
County of Collin, filed 05/26/1998, recorded in Volume 4172, Page
204, Land Records of Collin County, Texas, and as shown on survey of
F. E. Bemenderfer, Jr., R.P.L.S. #4051, dated 07/11/2002, last
revised 07/22/2002.
2. That portion of the property lying within the right of way of
County Road No. 1211 and County Road No. 91, as shown on the survey
of F. E. Bemenderfer, Jr., R.P.L.S. #4051, dated 07/11/2002, last
revised 07/22/2002.
3. Mineral estate and interest described in instrument filed
11/16/1983, recorded in Volume 1775, Page 454, Land Records of
Collin County, Texas. Title to said interest not checked,
subsequent to the date thereof. As noted on survey of F. E.
Bemenderfer, Jr., R.P.L.S. #4051, dated 07/11/2002, last revised
07/22/2002.
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,
lieutenant governor, and 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 have been
fulfilled and accomplished.
SECTION 4. This Act takes effect September 1, 2013.