Texas 2017 - 85th Regular

Texas House Bill HB4268 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4268
	1	+	By: Sanford (Senate Sponsor - Estes) H.B. No. 4268
	2	+	(In the Senate - Received from the House May 19, 2017;
	3	+	May 19, 2017, read first time and referred to Committee on
	4	+	Administration; May 23, 2017, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 6, Nays 0, 1
	6	+	present not voting; May 23, 2017, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4268 By: Burton
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the Celina Municipal Management
6	14		District No. 2; providing authority to issue bonds and impose
7	15		assessments, fees, and taxes.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	18		Code, is amended by adding Chapter 3798 to read as follows:
11	19		CHAPTER 3798. CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 2
12	20		SUBCHAPTER A. GENERAL PROVISIONS
13	21		Sec. 3798.001. DEFINITIONS. In this chapter:
14	22		(1) "Board" means the district's board of directors.
15	23		(2) "City" means the City of Celina, Texas.
16	24		(3) "Commission" means the Texas Commission on
17	25		Environmental Quality.
18	26		(4) "Director" means a board member.
19	27		(5) "District" means the Celina Municipal Management
20	28		District No. 2.
21	29		Sec. 3798.002. CREATION AND NATURE OF DISTRICT. The
22	30		district is a special district created under Sections 52 and 52-a,
23	31		Article III, and Section 59, Article XVI, Texas Constitution.
24	32		Sec. 3798.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
25	33		creation of the district is essential to accomplish the purposes of
26	34		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	35		Texas Constitution, and other public purposes stated in this
28	36		chapter. By creating the district and in authorizing the city and
29	37		other political subdivisions to contract with the district, the
30	38		legislature has established a program to accomplish the public
31	39		purposes set out in Section 52-a, Article III, Texas Constitution.
32	40		(b) The creation of the district is necessary to promote,
33	41		develop, encourage, and maintain employment, commerce,
34	42		transportation, housing, tourism, recreation, the arts,
35	43		entertainment, economic development, safety, and the public
36	44		welfare in the district.
37	45		(c) This chapter and the creation of the district may not be
38	46		interpreted to relieve the city from providing the level of
39	47		services provided to the area in the district as of the effective
40	48		date of the Act enacting this chapter. The district is created to
41	49		supplement and not to supplant the city services provided in the
42	50		district.
43	51		Sec. 3798.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
44	52		The district is created to serve a public use and benefit.
45	53		(b) All land and other property included in the district
46	54		will benefit from the improvements and services to be provided by
47	55		the district under powers conferred by Sections 52 and 52-a,
48	56		Article III, and Section 59, Article XVI, Texas Constitution, and
49	57		other powers granted under this chapter.
50	58		(c) The district is created to accomplish the purposes of a
51	59		municipal management district as provided by general law and
52	60		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
53	61		Texas Constitution.
54	62		(d) The creation of the district is in the public interest
55	63		and is essential to:
56	64		(1) further the public purposes of developing and
57	65		diversifying the economy of the state;
58	66		(2) eliminate unemployment and underemployment;
59	67		(3) develop or expand transportation and commerce; and
60	68		(4) provide quality residential housing.
61	69		(e) The district will:
62	70		(1) promote the health, safety, and general welfare of
63	71		residents, employers, potential employees, employees, visitors,
64	72		and consumers in the district, and of the public;
65	73		(2) provide needed funding for the district to
66	74		preserve, maintain, and enhance the economic health and vitality of
67	75		the district territory as a community and business center; and
68	76		(3) promote the health, safety, welfare, and enjoyment
69	77		of the public by providing pedestrian ways and by landscaping and
70	78		developing certain areas in the district, which are necessary for
71	79		the restoration, preservation, and enhancement of scenic beauty.
72	80		(f) Pedestrian ways along or across a street, whether at
73	81		grade or above or below the surface, and street lighting, street
74	82		landscaping, parking, and street art objects are parts of and
75	83		necessary components of a street and are considered to be a street
76	84		or road improvement.
77	85		(g) The district will not act as the agent or
78	86		instrumentality of any private interest even though the district
79	87		will benefit many private interests as well as the public.
80	88		Sec. 3798.005. DISTRICT TERRITORY. (a) The district is
81	89		composed of the territory described by Section 2 of the Act enacting
82	90		this chapter, as that territory may have been modified under other
83	91		law.
84	92		(b) The boundaries and field notes contained in Section 2 of
85	93		the Act enacting this chapter form a closure. A mistake in the
86	94		field notes or in copying the field notes in the legislative process
87	95		does not affect the district's:
88	96		(1) organization, existence, or validity;
89	97		(2) right to contract;
90	98		(3) authority to borrow money or issue bonds or other
91	99		obligations described by Section 3798.251 or to pay the principal
92	100		and interest of the bonds or other obligations;
93	101		(4) right to impose or collect an assessment, or
94	102		collect other revenue; or
95	103		(5) legality or operation.
96	104		Sec. 3798.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
97	105		DISTRICTS LAW. Except as otherwise provided by this chapter,
98	106		Chapter 375, Local Government Code, applies to the district.
99	107		Sec. 3798.007. CONSTRUCTION OF CHAPTER. This chapter shall
100	108		be liberally construed in conformity with the findings and purposes
101	109		stated in this chapter.
102	110		Sec. 3798.008. CONFLICTS OF LAW. This chapter prevails
103	111		over any provision of Chapter 375, Local Government Code, that is in
104	112		conflict or inconsistent with this chapter.
105	113		Sec. 3798.009. CONSENT OF MUNICIPALITY REQUIRED. The board
106	114		may not hold an election to authorize the issuance of bonds until
107	115		the governing body of the city by ordinance or resolution consents
108	116		to the creation of the district and to the inclusion of land in the
109	117		district. The city's consent must be granted in the manner provided
110	118		by Section 54.016, Water Code, for including land within the
111	119		corporate limits or extraterritorial jurisdiction of a city.
112	120		Sec. 3798.010. EFFECT OF ANNEXATION. Notwithstanding any
113	121		other law, if all or any part of the territory of the district is
114	122		annexed by the city into the city's corporate limits, the district
115	123		retains all of the district's outstanding debt and obligations and
116	124		continues to operate under this chapter until the district is
117	125		dissolved under Subchapter G.
118	126		SUBCHAPTER B. BOARD OF DIRECTORS
119	127		Sec. 3798.051. GOVERNING BODY; TERMS. The district is
120	128		governed by a board of five directors who serve staggered terms of
121	129		four years, with two or three directors' terms expiring June 1 of
122	130		each even-numbered year. One director is appointed by the city, and
123	131		four directors are appointed by the commission as provided by
124	132		Sections 3798.052 and 3798.053, respectively.
125	133		Sec. 3798.052. APPOINTMENT AND REMOVAL OF DIRECTOR
126	134		APPOINTED BY CITY. (a) The governing body of the city shall
127	135		appoint one director who must be:
128	136		(1) at least 18 years of age; and
129	137		(2) a resident of the city.
130	138		(b) At any time the governing body of the city may remove the
131	139		director appointed by the city and appoint a director to serve the
132	140		remainder of the removed director's term.
133	141		Sec. 3798.053. APPOINTMENT BY COMMISSION. (a) Before the
134	142		term of a director other than a director appointed under Section
135	143		3798.052 expires, the board shall recommend to the commission the
136	144		appropriate number of persons to serve as successor directors. The
137	145		commission shall appoint as directors the persons recommended by
138	146		the board.
139	147		(b) A person recommended by the board under Subsection (a)
140	148		must be:
141	149		(1) at least 18 years of age;
142	150		(2) an owner of property in the district;
143	151		(3) an owner of stock, whether beneficial or
144	152		otherwise, of a corporate owner of property in the district;
145	153		(4) an owner of a beneficial interest in a trust that
146	154		owns property in the district; or
147	155		(5) an agent, employee, or tenant of a person
148	156		described by Subdivision (2), (3), or (4).
149	157		Sec. 3798.054. VACANCY. If a vacancy occurs on the board,
150	158		the remaining directors shall appoint a director for the remainder
151	159		of the unexpired term.
152	160		Sec. 3798.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A
153	161		director shall file the director's oath or affirmation of office
154	162		with the district, and the district shall retain the oath or
155	163		affirmation in the district records.
156	164		(b) A director shall file a copy of the director's oath or
157	165		affirmation with the secretary of the city.
158	166		Sec. 3798.056. OFFICERS. The board shall elect from among
159	167		the directors a chair, a vice chair, and a secretary. The offices
160	168		of chair and secretary may not be held by the same person.
161	169		Sec. 3798.057. COMPENSATION; EXPENSES. (a) The district
162	170		may compensate each director in an amount not to exceed $50 for each
163	171		board meeting. The total amount of compensation a director may
164	172		receive each year may not exceed $2,000.
165	173		(b) A director is entitled to reimbursement for necessary
166	174		and reasonable expenses incurred in carrying out the duties and
167	175		responsibilities of the board.
168	176		Sec. 3798.058. LIABILITY INSURANCE. The district may
169	177		obtain and pay for comprehensive general liability insurance
170	178		coverage from a commercial insurance company or other source that
171	179		protects and insures a director against personal liability and from
172	180		all claims relating to:
173	181		(1) actions taken by the director in the director's
174	182		capacity as a member of the board;
175	183		(2) actions and activities taken by the district; or
176	184		(3) the actions of others acting on behalf of the
177	185		district.
178	186		Sec. 3798.059. NO EXECUTIVE COMMITTEE. The board may not
179	187		create an executive committee to exercise the powers of the board.
180	188		Sec. 3798.060. BOARD MEETINGS. The board shall hold
181	189		meetings at a place that is accessible to the public and located in
182	190		the district or in the city.
183	191		Sec. 3798.061. INITIAL DIRECTORS. (a) On or after
184	192		September 1, 2017, the owner or owners of a majority of the assessed
185	193		value of the real property in the district according to the most
186	194		recent certified tax appraisal rolls for the county may submit a
187	195		petition to the commission requesting that the commission appoint
188	196		as initial directors the four persons named in the petition. The
189	197		commission shall appoint as initial directors the four persons
190	198		named in the petition.
191	199		(b) The governing body of the city shall appoint one initial
192	200		director.
193	201		(c) The initial directors shall determine by lot which three
194	202		positions expire June 1, 2019, and which two positions expire June
195	203		1, 2021.
196	204		(d) This section expires September 1, 2019.
197	205		SUBCHAPTER C. POWERS AND DUTIES
198	206		Sec. 3798.101. GENERAL POWERS AND DUTIES. The district has
199	207		the powers and duties necessary to accomplish the purposes for
200	208		which the district is created.
201	209		Sec. 3798.102. IMPROVEMENT PROJECTS AND SERVICES. (a)
202	210		Subject to Subsection (b), the district may provide, design,
203	211		construct, acquire, improve, relocate, operate, maintain, or
204	212		finance an improvement project or service using money available to
205	213		the district, or contract with a governmental or private entity to
206	214		provide, design, construct, acquire, improve, relocate, operate,
207	215		maintain, or finance an improvement project or service authorized
208	216		under this chapter or Chapter 375, Local Government Code.
209	217		(b) The district may not construct or finance an improvement
210	218		project, other than a water, sewer, or drainage facility or road,
211	219		unless the governing body of the city by ordinance or resolution
212	220		consents to the construction or financing.
213	221		(c) The district may issue bonds, notes, or other
214	222		obligations to maintain or repair an existing improvement project
215	223		only if the governing body of the city by ordinance or resolution
216	224		consents to the issuance.
217	225		Sec. 3798.103. LOCATION OF IMPROVEMENT PROJECT. A district
218	226		improvement project may be located inside or outside of the
219	227		district.
220	228		Sec. 3798.104. OWNERSHIP OF IMPROVEMENT PROJECTS. (a)
221	229		Before a district improvement project may be put into operation,
222	230		the district must transfer ownership of the project to the city.
223	231		(b) The transfer of ownership is complete on the city's
224	232		acceptance of ownership.
225	233		Sec. 3798.105. RETAIL WATER AND SEWER SERVICES PROHIBITED.
226	234		The district may not provide retail water or sewer services.
227	235		Sec. 3798.106. ADDING OR REMOVING TERRITORY. (a) Subject
228	236		to Subsections (b), (c), and (d), the board may add or remove
229	237		territory as provided by Subchapter J, Chapter 49, Water Code.
230	238		(b) The district may add territory as described by
231	239		Subsection (a) only if the governing body of the city by ordinance
232	240		or resolution consents to the addition.
233	241		(c) The district and all districts created under Subchapter
234	242		D collectively may add a total area of not more than 100 acres.
235	243		(d) Territory added under Subsection (a) must be contiguous
236	244		to the district at the time of the addition.
237	245		Sec. 3798.107. NO EMINENT DOMAIN. The district may not
238	246		exercise the power of eminent domain.
239	247		SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
240	248		Sec. 3798.151. DIVISION OF DISTRICT; PREREQUISITES. The
241	249		district, including territory added to the district under Section
242	250		3798.106, may be divided into two or more new districts only if the
243	251		district has no outstanding bonded debt. Territory previously
244	252		added to the district under Section 3798.106 may be included in a
245	253		new district.
246	254		Sec. 3798.152. LAW APPLICABLE TO NEW DISTRICT. This
247	255		chapter applies to any new district created by division of the
248	256		district, and a new district has all the powers and duties of the
249	257		district.
250	258		Sec. 3798.153. DIVISION PROCEDURES. (a) The board, on its
251	259		own motion or on receipt of a petition signed by an owner of real
252	260		property in the district, may adopt an order proposing to divide the
253	261		district.
254	262		(b) If the board decides to divide the district, the board
255	263		shall:
256	264		(1) set the terms of the division, including names for
257	265		the new districts and a plan for the payment or performance of any
258	266		outstanding district obligations;
259	267		(2) prepare a metes and bounds description for each
260	268		proposed district; and
261	269		(3) appoint four initial directors for each new
262	270		district.
263	271		(c) The governing body of the city shall appoint one
264	272		director for each new district.
265	273		Sec. 3798.154. CONTRACT AUTHORITY OF NEW DISTRICTS. The
266	274		new districts may contract with each other for any matter the boards
267	275		of the new districts consider appropriate, including the joint
268	276		construction or financing of a utility improvement.
269	277		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
270	278		Sec. 3798.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
271	279		board by resolution shall establish the number of directors'
272	280		signatures and the procedure required for a disbursement or
273	281		transfer of the district's money.
274	282		Sec. 3798.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
275	283		The district may acquire, construct, or finance an improvement
276	284		project or service authorized by this chapter or Chapter 375, Local
277	285		Government Code, using any money available to the district.
278	286		Sec. 3798.203. METHOD OF NOTICE FOR HEARING. The district
279	287		may mail the notice required by Section 375.115(c), Local
280	288		Government Code, by certified or first class United States mail.
281	289		The board shall determine the method of notice.
282	290		Sec. 3798.204. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
283	291		The board by resolution may impose and collect an assessment for any
284	292		purpose authorized by this chapter in all or any part of the
285	293		district.
286	294		(b) An assessment, a reassessment, or an assessment
287	295		resulting from an addition to or correction of the assessment roll
288	296		by the district, penalties and interest on an assessment or
289	297		reassessment, an expense of collection, and reasonable attorney's
290	298		fees incurred by the district are:
291	299		(1) a first and prior lien against the property
292	300		assessed;
293	301		(2) superior to any other lien or claim other than a
294	302		lien or claim for county, school district, or municipal ad valorem
295	303		taxes; and
296	304		(3) the personal liability of and a charge against the
297	305		owners of the property even if the owners are not named in the
298	306		assessment proceedings.
299	307		(c) The lien is effective from the date of the board's
300	308		resolution imposing the assessment until the date the assessment is
301	309		paid. The board may enforce the lien in the same manner that the
302	310		board may enforce an ad valorem tax lien against real property.
303	311		(d) The board may make a correction to or deletion from the
304	312		assessment roll that does not increase the amount of assessment of
305	313		any parcel of land without providing notice and holding a hearing in
306	314		the manner required for additional assessments.
307	315		(e) The district may not impose an assessment on a
308	316		municipality, county, or other political subdivision.
309	317		Sec. 3798.205. NOTICE OF ASSESSMENTS. Annually, the board
310	318		shall file with the secretary of the city written notice that
311	319		specifies the assessments the district will impose in the
312	320		district's next fiscal year in sufficient clarity to describe the
313	321		assessments for the operation and maintenance of the district and
314	322		the assessments for the payment of debt service of obligations
315	323		issued or incurred by the district.
316	324		SUBCHAPTER F. TAXES AND BONDS
317	325		Sec. 3798.251. BONDS AND OTHER OBLIGATIONS. (a) The
318	326		district may issue, by public or private sale, bonds, notes, or
319	327		other obligations payable wholly or partly from ad valorem taxes or
320	328		assessments in the manner provided by Subchapter A, Chapter 372, or
321	329		Subchapter J, Chapter 375, Local Government Code. Sections
322	330		375.207(a) and (b), Local Government Code, do not apply to the
323	331		district.
324	332		(b) In exercising the district's borrowing power, the
325	333		district may issue a bond or other obligation in the form of a bond,
326	334		note, certificate of participation or other instrument evidencing a
327	335		proportionate interest in payments to be made by the district, or
328	336		other type of obligation.
329	337		(c) In addition to the sources of money described by
330	338		Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
331	339		Government Code, district bonds may be secured and made payable
332	340		wholly or partly by a pledge of any part of the money the district
333	341		receives from improvement revenue or from any other source.
334	342		(d) Not later than the 30th day before the date the district
335	343		holds a bond sale, the district shall provide the governing body of
336	344		the city written notice of the sale.
337	345		SUBCHAPTER G. DISSOLUTION
338	346		Sec. 3798.301. DISSOLUTION BY CITY ORDINANCE. (a) The
339	347		governing body of the city may dissolve the district by ordinance.
340	348		(b) The governing body may not dissolve the district until:
341	349		(1) water, sanitary, sewer, and drainage improvements
342	350		and roads have been constructed to serve at least 90 percent of the
343	351		developable territory of the district; and
344	352		(2) the district has reimbursed each party that has an
345	353		agreement with the district for all costs advanced to or on behalf
346	354		of the district.
347	355		(c) Until the district is dissolved, the district is
348	356		responsible for all bonds and other obligations of the district.
349	357		Sec. 3798.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
350	358		(a) If the dissolved district has bonds or other obligations
351	359		outstanding secured by and payable from assessments or other
352	360		revenue, other than revenue from ad valorem taxes, the city shall
353	361		succeed to the rights and obligations of the district regarding
354	362		enforcement and collection of the assessments or other revenue.
355	363		(b) The city shall have and exercise all district powers to
356	364		enforce and collect the assessments or other revenue to pay:
357	365		(1) the bonds or other obligations when due and
358	366		payable according to their terms; or
359	367		(2) special revenue or assessment bonds or other
360	368		obligations issued by the city to refund the outstanding bonds or
361	369		obligations.
362	370		Sec. 3798.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
363	371		After the city dissolves the district, the city assumes, subject to
364	372		the appropriation and availability of funds, the obligations of the
365	373		district, including any bonds or other debt payable from
366	374		assessments or other district revenue.
367	375		(b) If the city dissolves the district, the board shall
368	376		transfer ownership of all district property to the city.
369	377		SUBCHAPTER Z. SPECIAL BOND PROVISIONS
370	378		Sec. 3798.901. APPLICABILITY. This subchapter applies only
371	379		to bonds payable wholly or partly from revenue derived from
372	380		assessments on real property in the district.
373	381		Sec. 3798.902. CONFLICT OF LAWS. In the event of a conflict
374	382		between this subchapter and any other law, this subchapter
375	383		prevails.
376	384		Sec. 3798.903. WRITTEN AGREEMENT REGARDING SPECIAL
377	385		APPRAISALS. Before the district may issue bonds, the district and
378	386		any person to whom the board intends that proceeds of the bonds be
379	387		distributed, including the developer, another owner of land in the
380	388		district, and any entity acting as a lender to the developer or
381	389		other landowner for the purpose of a project relating to the
382	390		district, must enter into a written agreement that:
383	391		(1) waives for the term of the agreement the right to a
384	392		special appraisal with respect to taxation by the district under
385	393		Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
386	394		(2) remains in effect for 30 years and is binding on
387	395		the parties, on entities related to or affiliated with the parties,
388	396		and on their successors and assignees.
389	397		Sec. 3798.904. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A
390	398		district may not advertise for an issuance of bonds until the
391	399		completion of at least 25 percent of the projected value of the
392	400		improvements, including houses and other buildings, that are liable
393	401		for district assessments and necessary to support the district
394	402		bonds.
395	403		Sec. 3798.905. REQUIREMENTS FOR BOND ISSUE. The district
396	404		may not issue bonds until:
397	405		(1) the district submits to the commission:
398	406		(A) an engineer's report describing the project
399	407		for which the bonds will provide funding, including data, profiles,
400	408		maps, plans, and specifications related to the project; and
401	409		(B) a cash flow analysis to determine the
402	410		projected rate of assessment, which includes the following
403	411		assumptions:
404	412		(i) each ending balance for debt service in
405	413		the analysis is not less than 25 percent of the following year's
406	414		debt service requirement;
407	415		(ii) interest income is only shown on the
408	416		ending balance for debt service for the first two years; and
409	417		(iii) the projected rate of assessment is
410	418		level or decreasing for the life of the bonds issued by the
411	419		district;
412	420		(2) the completion of at least 75 percent of the
413	421		projected value of the improvements, including houses and other
414	422		buildings, that are liable for district assessments and necessary
415	423		to support the district bonds; and
416	424		(3) the district has obtained an independent market
417	425		study from a firm recognized in the area of real estate market
418	426		analysis supporting the development projects for the real property
419	427		that is liable for district assessments and necessary to support
420	428		the district bonds.
421	429		Sec. 3798.906. REQUIREMENTS FOR COLLECTION OF REVENUE TO
422	430		PAY BONDS. The district may not collect an assessment to be used
423	431		for the payment of bonds until:
424	432		(1) the completion of at least 95 percent of the
425	433		underground water, wastewater, and drainage facilities financed
426	434		from bond proceeds that are necessary to serve the projected
427	435		build-out, as certified by the district's engineer;
428	436		(2) the district or other appropriate party has
429	437		secured the groundwater, surface water, and water discharge permits
430	438		that are necessary to secure capacity to support the projected
431	439		build-out;
432	440		(3) the completion of at least 95 percent of lift
433	441		station, water plant, and sewage treatment plant capacity
434	442		sufficient to serve the connections constructed in the project for
435	443		a period of not less than 18 months, as certified by the district's
436	444		engineer; and
437	445		(4) the completion of at least 95 percent of the
438	446		streets and roads that are necessary to provide access to the areas
439	447		served by utilities and financed by the proceeds of bonds issued by
440	448		the district, as certified by the district's engineer and
441	449		constructed in accordance with municipal or county standards.
442	450		SECTION 2. The Celina Municipal Management District No. 2
443	451		initially includes all the territory contained in the following
444	452		area:
445	453		BEING a tract of land situated in the William H. Herron Survey,
446	454		Abstract No. 380, the Daniel Howell Survey, Abstract No. 394, Mary
447	455		Howell Survey, Abstract No. 396 Benjamin Haile Survey, Abstract
448	456		No. 397, Martha Herron Survey, Abstract No. 415, George Jay Survey,
449	457		Abstract No. 488 and the Isaac Walker Survey, Abstract No. 1056,
450	458		City of Celina, Collin County, Texas, and being all of a called
451	459		450.71-acre tract of land, conveyed to Central Frisco, Ltd., as
452	460		evidenced in a Special Warranty Deed, recorded in Instrument
453	461		No. 2008030600026870 of the Official Public Records of Collin
454	462		County, Texas, all of a called "Tract A" (43.777 acres) and a called
455	463		"Tract B" (2.500 acres), conveyed to Eland Energy, Inc., as
456	464		evidenced in a Special Warranty Deed, recorded in Instrument
457	465		No. 20150722000903310 of the Official Public Records of Collin
458	466		County, Texas, all of a called 272.545-acre tract of land, conveyed
459	467		to Eland Energy, Inc., as evidenced in a Special Warranty Deed,
460	468		recorded in Instrument No. 20150722000903300 of the Official
461	469		Public Records of Collin County, Texas, all of a called
462	470		154.059-acre tract of land, conveyed to Central Frisco, Ltd., as
463	471		evidenced in a Special Warranty Deed, recorded in Instrument
464	472		No. 20070725001023610 of the Official Public Records of Collin
465	473		County, Texas, all of a called "Tract One" (78.613 acres), a called
466	474		"Tract Two" (66.676 acres), a called "Tract Three" (59.916 acres),
467	475		a called "Tract Four" (0.937 acre), and a called "Tract Five"
468	476		(18.748 acres), conveyed to Eland Energy, Inc., as evidenced in a
469	477		General Warranty Deed, recorded in Instrument
470	478		No. 20141002001081250 of the Official Public Records of Collin
471	479		County, Texas, all of a called 6.000-acre tract of land, conveyed to
472	480		Central Frisco, Ltd., as evidenced in a General Warranty Deed,
473	481		recorded in Instrument No. 20110831000926240 of the Official
474	482		Public Records of Collin County, Texas, all of a called 62.434-acre
475	483		tract of land, conveyed to Eland Energy, Inc., as evidenced in a
476	484		General Warranty Deed, recorded in Instrument
477	485		No. 20141002001081260 of the Official Public Records of Collin
478	486		County, Texas, and all of a called 167.027-acre tract of land,
479	487		conveyed to Eland Energy, Inc., as evidenced in a General Warranty
480	488		Deed, recorded in Instrument No. 20141002001081290 of the Official
481	489		Public Records of Collin County, Texas, all of a called 30-feet wide
482	490		street easement located along the westerly side of said "Tract
483	491		One", conveyed to County, of Collin, Texas, recorded in County
484	492		Clerk's File No. 96-0067344 of the Land Records of Collin County,
485	493		Texas, all of a called 30-feet wide street easement located along
486	494		the westerly side of said "Tract Five", conveyed to County, of
487	495		Collin, Texas, recorded in County Clerk's File No. 96-0067345 of
488	496		the Land Records of Collin County, Texas, the portion of F. M. 455
489	497		(a called 90-feet wide right of way) situated between said "Tract
490	498		One", "Tract Two", Tract Three" and "Tract Four", the portion of
491	499		said F. M. 455 along the southerly line of said 167.027-acre tract
492	500		and the westerly portion of said F. M. 455 along the easterly line
493	501		of said 167.027-acre tract, and being more particularly described
494	502		by metes and bounds as follows:
495	503		BEGINNING at the westernmost, northwest corner of said 450.71-acre
496	504		Central Frisco, Ltd., tract, same being the southwest corner of a
497	505		called 50.487-acre tract of land, conveyed to Preston Acreage, L.P. &
498	506		Spartan Texas Six-Celina, Ltd., as evidenced in a General
499	507		Warranty Deed, recorded in Volume 5239, Page 1060 of the Land
500	508		Records of Collin County, Texas, same also being on the easterly
501	509		right of way line of State Highway 289 (Preston Road);
502	510		THENCE South 89°58'20" East, departing the easterly right of way
503	511		line of said State Highway 289 (Preston Road), along a northerly
504	512		line of said 450.71-acre tract and the southerly line of said
505	513		50.487-acre tract, a distance of 985.28 feet to the southeast
506	514		corner of said 50.487-acre tract;
507	515		THENCE North 00°33'31" East, along a westerly line of said
508	516		450.71-acre tract and the easterly line of said 50.487-acre tract,
509	517		a distance of 2607.81 feet to the northeast corner of said
510	518		50.487-acre tract and the northernmost, northwest corner of said
511	519		450.71-acre tract, same being in County Road No. 100, a public use
512	520		right of way, no record found, same also being on the southerly line
513	521		of a called 33.356-acre tract of land, conveyed to CR 100
514	522		Thirty-Three Partners, LP, as evidenced in a Special Warranty Deed,
515	523		recorded in Instrument No. 20150224000195720 of the Official
516	524		Public Records of Collin County, Texas;
517	525		THENCE North 88°52'34" East, along the northerly line of said
518	526		450.71-acre tract, the southerly line of said 33.356-acre tract and
519	527		generally along said County Road No. 100, a distance of 1066.91
520	528		feet to the southeast corner of said 33.356-acre tract;
521	529		THENCE North 88°40'20" East, continuing along the northerly line of
522	530		said 450.71-acre tract, the southerly line of a called 93.277-acre
523	531		tract of land, conveyed to Bellaire Partners, L.L.C., as evidenced
524	532		in a Special Warranty Deed, recorded in Instrument
525	533		No. 20160222000196050 of the Official Public Records of Collin
526	534		County, Texas, and continuing along said County Road No. 100, a
527	535		distance of 1587.35 feet to the northeast corner of said
528	536		450.71-acre tract, and the southeast corner of said 93.277-acre
529	537		tract, same being the intersection of said County Road No. 100 with
530	538		County Road No. 97, a public use right of way, no record found;
531	539		THENCE South 00°26'10" West, Along the easterly line of said
532	540		450.71-acre tract, the westerly line of Sharrock Addition, an
533	541		addition to the City of Celina, Texas, according to the Final Plat,
534	542		recorded in Volume 2016, Page 80 of the Plat Records of Collin
535	543		County, Texas, and the westerly line of a called 15.00-acre tract of
536	544		land, conveyed to Carolyn A. Tipton and Joel C. Molinar, as
537	545		evidenced in a deed recorded in Volume 4698, Page 2781 of the Land
538	546		Records of Collin County, Texas, and generally along said County
539	547		Road No. 97, a distance of 780.68 feet to the northwest corner of a
540	548		called 40.11-acre tract of land, conveyed to N. E. Coit & CR 101,
541	549		LP, as evidenced in a General Warranty Deed, recorded in Instrument
542	550		No. 20081014001224170 of the Official Public Records of Collin
543	551		County, Texas;
544	552		THENCE South 00°04'54" West, continuing along the easterly line of
545	553		said 450.71-acre tract, along the westerly line of said 40.11-acre
546	554		tract and continuing along said County Road No. 97, a distance of
547	555		1861.34 feet to the southwest corner of said 40.11-acre tract, same
548	556		being the northwest corner of aforesaid "Tract A" (43.777 acres)
549	557		Eland Energy, Inc., tract, same being the intersection of said
550	558		County Road No. 97 with County Road No. 101, a public use right of
551	559		way, no record found;
552	560		THENCE North 89°35'03" East, departing the easterly line of said
553	561		450.71-acre tract, along the northerly line of said "Tract A", the
554	562		southerly line of said 40.11-acre tract, and generally along said
555	563		County Road No. 101, a distance of 402.01 feet to a corner;
556	564		THENCE North 89°36'37" East, continuing along the northerly line of
557	565		said "Tract A", the southerly line of said 40.11-acre tract and said
558	566		County Road No. 101, a distance of 401.65 feet to the northernmost,
559	567		northeast corner of said "Tract A", same being the northwest corner
560	568		of a called 7.498-acre tract of land, conveyed to Tom Harper, as
561	569		evidenced in a General Warranty Deed, recorded in County Clerk's
562	570		File No. 93-0036670 of the Land Records of Collin County, Texas;
563	571		THENCE South 00°07'56" East, departing said County Road No. 101,
564	572		along the easterly line of said "Tract A" and the westerly line of
565	573		said 7.498-acre tract, a distance of 541.77 feet to the southwest
566	574		corner of said 7.498-acre tract;
567	575		THENCE North 89°38'16" East, along a northerly line of said "Tract
568	576		A" and the southerly line of said 7.498-acre tract, a distance of
569	577		630.23 feet to the easternmost, northeast corner of said "Tract A"
570	578		and the southeast corner of said 7.498-acre tract, same being on a
571	579		westerly line of aforesaid 272.545-acre, Eland Energy, Inc., tract;
572	580		THENCE North 00°01'23" West, along an easterly line of said
573	581		7.498-acre tract and the westerly line of said 272.545-acre tract,
574	582		a distance of 116.61 feet to a corner on the southerly line of a
575	583		called 2.661-acre tract of land, conveyed to Collin County, Texas,
576	584		as evidenced in a General Warranty Deed, recorded in Volume 5309,
577	585		Page 7316 of the Land Records of Collin County, Texas;
578	586		THENCE South 60°05'11" East, continuing along the westerly line of
579	587		said 272.545-acre tract and along the southerly line of said
580	588		2.661-acre tract, a distance of 230.59 feet to a corner;
581	589		THENCE North 88°50'05" East, continuing along the westerly line of
582	590		said 272.545-acre tract and along the southerly line of said
583	591		2.661-acre tract, a distance of 10.17 feet to the southeast corner
584	592		of said 2.661-acre tract;
585	593		THENCE North 00°20'59" West, continuing along the westerly line of
586	594		said 272.545-acre tract and along the easterly line of said
587	595		2.661-acre tract, a distance of 539.73 feet to the northwest corner
588	596		of said 272.545-acre tract and the northeasterly corner of said
589	597		2.661-acre tract, same being on the occupied southerly line of
590	598		aforesaid County Road No. 101;
591	599		THENCE North 89°30'33" East, along the northerly line of said
592	600		272.545-acre tract and along the southerly line of said County Road
593	601		No. 101, a distance of 1020.62 feet to the northeast corner of said
594	602		242.545-acre tract, same being on the westerly line of called
595	603		Tracts 1, 2, and 3, conveyed to Joe E. Stalling and wife, Janice K.
596	604		Stalling, as evidenced in a General Warranty Deed with Vendor's
597	605		Lien, recorded in County Clerk's File No. 93-0075959 of the Land
598	606		Records of Collin County, Texas;
599	607		THENCE South 00°31'02" East, along the easterly line of said
600	608		242.545-acre tract, the westerly line of said Tracts 1, 2, and 3,
601	609		the westerly line of a called 9.943-acre tract of land conveyed to
602	610		Daniel DW Simons and Misty Simons, as evidenced in a General
603	611		Warranty Deed, recorded in Instrument No. 20070816001143760 of the
604	612		Official Public Records of Collin County, Texas, the westerly line
605	613		of Tract 1 and Tract 2, conveyed to Michael M. Patterson and Charles
606	614		Dawson, as evidenced in a General Warranty Deed, recorded in
607	615		Instrument No. 20060630000904460 of the Official Public Records of
608	616		Collin County, Texas, the westerly line of a called 10.692-acre
609	617		tract of land, conveyed to John D. Dove, as evidenced in a General
610	618		Warranty Deed, recorded in Volume 3981, Page 359 of the Land Records
611	619		of Collin County, Texas, and generally along the centerline of said
612	620		County Road No. 101, a distance of 1945.32 feet to the northwest
613	621		corner of aforesaid 154.059-acre Central Frisco, Ltd., tract and
614	622		the southwest corner of said 10.692-acre tract, same being the
615	623		intersection of said County Road No. 101 with County Road No. 130,
616	624		a public use right of way, no record found;
617	625		THENCE North 89°37'24" East, along the northerly line of said
618	626		154.059-acre tract, the southerly line of said 10.692-acre tract,
619	627		and generally along said County Road No. 130, a distance of 776.70
620	628		feet to a corner;
621	629		THENCE North 89°39'58" East, continuing along the northerly line of
622	630		said 154.059-acre tract and the northerly line of aforesaid "Tract
623	631		B", Eland Energy, Inc., tract and continuing generally along said
624	632		County Road No. 130, a distance of 1861.15 feet to the northeast
625	633		corner of said 154.059-acre tract, same being the northwest corner
626	634		of aforesaid 62.434-acre Eland Energy, Inc., tract;
627	635		THENCE North 89°30'30" East, along the northerly line of said
628	636		62.434-acre tract and continuing generally along said County Road
629	637		No. 130, a distance of 1909.83 feet to the northernmost, northeast
630	638		corner of said 62.434-acre tract, same being the northwest corner
631	639		of a tract of land, conveyed to Porfirio Paulino and wife, Ojilvoa
632	640		Paulino, as evidenced in a General Warranty Deed, recorded in
633	641		Volume 5674, Page 3250 of the Land Records of Collin County, Texas;
634	642		THENCE South 00°29'02" East, departing said County Road No. 130,
635	643		along an easterly line of said 62.434-acre tract, the westerly line
636	644		of said Paulino tract and the westerly line of a tract of land,
637	645		conveyed to John C. Kiesling and wife, Rhonda Kiesling, as
638	646		evidenced in a Warranty Deed, recorded in Volume 4147, Page 717 of
639	647		the Land Records of Collin County, Texas, a distance of 714.20 feet
640	648		to the southwest corner of said Kiesling tract;
641	649		THENCE North 89°33'17" East, along the southernmost, northerly line
642	650		of said 62.434-acre tract and the southerly line of said Kiesling
643	651		tract, a distance of 728.71 feet to the easternmost, northeast
644	652		corner of said 62.434-acre tract, same being in County Road
645	653		No. 128, a public use right of way, no record found;
646	654		THENCE South 02°01'47" East, along the easterly line of said
647	655		62.434-acre tract and along said County Road No. 128, a distance of
648	656		46.49 feet to a corner;
649	657		THENCE South 01°52'14" East, continuing along the easterly line of
650	658		said 62.434-acre tract and said County Road No. 128, a distance of
651	659		563.63 feet to the southeast corner of said 62.434-acre tract;
652	660		THENCE South 89°21'14" West, along the southerly line of said
653	661		62.434-acre tract, a distance of 32.93 feet to the northeast corner
654	662		of aforesaid 167.027-acre Eland Energy, In., tract;
655	663		THENCE South 00°30'22" East, along the easterly line of said
656	664		167.027-acre tract and generally along said County Road No. 128, a
657	665		distance of 2101.08 feet to an inner ell corner of said 167.027-acre
658	666		tract, same being the southwest corner of Highpoint Estates, an
659	667		addition to the City of Celina, Texas, according to the Final Plat,
660	668		recorded in Volume M, Page 116 of the Plat Records of Collin County,
661	669		Texas;
662	670		THENCE North 89°26'58" East, along a northerly line of said
663	671		167.027-acre tract, the southerly line of said Highpoint Estates
664	672		and continuing along said County Road No. 128, a distance of 333.00
665	673		feet to the easternmost, northeast corner of said 167.027-acre
666	674		tract;
667	675		THENCE South 00°23'39" East, along the easterly line of said
668	676		167.027-acre tract, for part of the way, passing the westerly right
669	677		of way line of F. M. 455, a 90-feet wide right of way, continuing
670	678		along the extension of the easterly line of said 167.027-acre tract
671	679		and within said F. M 455, passing the easterly right of way line of
672	680		said F. M. 455, a total distance of 1243.28 feet to the northeast
673	681		corner of a called 69.149-acre tract of land, conveyed to David Lair
674	682		and wife, June Lair, as evidenced in a deed, recorded in Volume 816,
675	683		Page 559 of the Land Records of Collin County, Texas;
676	684		THENCE in a westerly direction, along the northerly line of said
677	685		69.149-acre tract and the southerly right of way line of said F. M.
678	686		455, the following:
679	687		South 88°31'26" West, a distance of 133.55 feet to a corner;
680	688		South 66°55'26" West, a distance of 88.60 feet to a corner;
681	689		South 81°35'26" West, a distance of 106.10 feet to a corner;
682	690		South 88°31'26" West, a distance of 1210.70 feet to a corner;
683	691		South 88°37'26" West, a distance of 210.30 feet to the
684	692		northwest corner of said 69.149-acre tract, same being the
685	693		northeast corner of a called 10.00-acre tract of land, conveyed to
686	694		Terry M. Collins and spouse, Diana Collins, as evidenced in a
687	695		General Warranty Deed, recorded in Instrument
688	696		No. 20150205000127830 of the Official Public Records of Collin
689	697		County, Texas;
690	698		THENCE South 88°33'08" West, continuing along the southerly right of
691	699		way line of said F. M. 455 and along the northerly line of said
692	700		10.00-acre tract, a distance of 371.93 feet to the northwest corner
693	701		of said 10.00-acre tract, same being the northeast corner of a
694	702		called 5.00-acre tract of land, conveyed to Michael S. Armstrong
695	703		and spouse, Melissa B. Armstrong, as evidenced in a General
696	704		Warranty Deed, recorded in Instrument No. 20131018001435890 of the
697	705		Official Public Records of Collin County, Texas;
698	706		THENCE South 88°55'54" West, continuing along the southerly right of
699	707		way line of said F. M. 455 and along the northerly line of said
700	708		5.00-acre tract, a distance of 319.79 feet to the northwest corner
701	709		of said 5.00-acre tract, same the northeast corner of a called
702	710		20.058-acre tract of land, conveyed to Larry N. Lehman and Robbie C.
703	711		Lehman, as evidenced in a General Warranty Deed, recorded in
704	712		Instrument No. 20150608000673760 of the Official Public Records of
705	713		Collin County, Texas;
706	714		THENCE South 88°55'57" West, continuing along the southerly right of
707	715		way line of said F. M. 455 and along the northerly line of said
708	716		20.058-acre tract for part of the way, crossing said F. M. 455 along
709	717		the extension of the northerly line of said 20.058-acre tract, a
710	718		distance of 427.32 feet to a corner on the curving westerly right of
711	719		way line of said F. M. 455, same being on the curving easterly line
712	720		of aforesaid "Tract Two", Eland Energy, Inc., tract, said curve
713	721		being a non-tangent curve to the left;
714	722		THENCE in a southerly direction, along the westerly right of way
715	723		line of said F. M. 455, the easterly line of said "Tract Two" and
716	724		along the arc of said curve to the left, through a central angle of
717	725		20°27'26", having a radius of 363.31 feet, a chord bearing of South
718	726		36°07'57" West, a chord distance of 129.03 feet and an arc length of
719	727		129.72 feet to the end of said curve;
720	728		THENCE South 00°15'57" East, departing the easterly line of said
721	729		"Tract Two", the westerly right of way line of said F. M. 455,
722	730		crossing said F. M. 455, passing the southerly right of way line of
723	731		said F. M. 455 and the northeast corner of aforesaid "Tract Three",
724	732		Eland Energy, tract, continuing along the easterly line of said
725	733		"Tract Three", a distance of 1443.40 feet to the southeast corner of
726	734		said "Tract Three", same being the northeast corner of a called
727	735		85.04-acre tract of land, conveyed to Jane Willard, as evidenced in
728	736		a General Warranty Deed, recorded in County Clerk's File
729	737		No. 96-0039930 of the Land Records of Collin County, Texas;
730	738		THENCE South 89°51'15" West, along the southerly line of said "Tract
731	739		Three" and the northerly line of said 85.04-acre tract, a distance
732	740		of 2639.07 feet to the southwest corner of said "Tract Three", same
733	741		being on the easterly line of a called "First Tract", conveyed to
734	742		Jane Willard, as evidenced in a Warranty Deed, recorded in Volume
735	743		3368, Page 434 of the Land Records of Collin County, Texas, same
736	744		also being in County Road No. 98, a public use right of way, no
737	745		record found;
738	746		THENCE North 00°04'01" West, along the westerly line of said "Tract
739	747		Three", the easterly line of said "First Tract" for part of the way
740	748		and along said County Road No. 98, a distance of 405.05 feet to a
741	749		corner on the easterly right of way line of aforesaid F. M. 455;
742	750		THENCE North 03°46'21" West, departing the easterly right of way
743	751		line of said F. M. 455 and crossing said F. M. 455, a distance of
744	752		408.54 feet to a corner on the westerly right of way line of said F.
745	753		M. 455, same being on the easterly line of a called "Second Tract",
746	754		conveyed to Jane Willard, as evidenced in aforesaid Warranty Deed,
747	755		recorded in Volume 3368, Page 434, same also being aforesaid County
748	756		Road No. 101;
749	757		THENCE North 00°03'05" West, departing the westerly right of way
750	758		line of said F. M. 455, along the easterly line of said "Second
751	759		Tract", the easterly line of a called 66.68-acre tract, conveyed to
752	760		Jane C. Willard, as evidenced in a Special Warranty Deed, recorded
753	761		in County Clerk's File No. 93-0007503 of the Land Records of Collin
754	762		County, Texas, the westerly line of aforesaid 30' Street Easement
755	763		to Collin County, Texas, recorded in County Clerk's File
756	764		No. 96-0067344, and generally along said County Road No. 101, a
757	765		distance of 1520.01 feet to the northwest corner of said street
758	766		easement, same being the southwest corner of aforesaid 30' Street
759	767		Easement to Collin County, Texas, recorded in County Clerk's File
760	768		No. 96-0067345;
761	769		THENCE North 00°27'17" West, continuing along the easterly line of
762	770		said 66.68-acre tract, the easterly line of a called 5.000-acre
763	771		tract of land, conveyed to Brian Wayne Boyd, as evidenced in a
764	772		General Warranty Deed, recorded in Instrument
765	773		No. 20140205000108240, the easterly line of a called 5.000-acre
766	774		tract of land, conveyed to Brian Wayne Boyd, as evidenced in a
767	775		General Warranty Deed, recorded in Instrument
768	776		No. 20140428000404190, both of the Official Public Records of
769	777		Collin County, Texas, along the westerly line of said 30' Street
770	778		Easement, recorded in County Clerk's File No. 96-0067345, and
771	779		generally along said County Road No. 101, a distance of 570.00 feet
772	780		to the southeast corner of aforesaid 272.545-acre, Eland Energy,
773	781		Inc., tract;
774	782		THENCE North 89°53'04" West, departing said County Road No. 101,
775	783		along the northerly line of said 5.000-acre Brian Wayne Boyd tract,
776	784		recorded in Instrument No. 20140428000404190, the northerly line
777	785		of aforesaid 66.68-acre, Jane C. Willard tract and the southerly
778	786		line of said 272.545-acre tract, a distance of 2669.41 feet to the
779	787		southwest corner of said 272.545-acre tract, same being the
780	788		southeast corner of aforesaid 450.71-acre, Central Frisco, Ltd.,
781	789		tract;
782	790		THENCE North 89°54'14" West, along the southerly line of said
783	791		450.71-acre tract, the north line of Heritage Phase 3, an addition
784	792		to the City of Celina, Texas, according to the Final Plat, recorded
785	793		in Volume 2014, Page 66 of the Plat Records of Collin County, Texas
786	794		and the northerly line of Heritage Phase 2, an addition to the City
787	795		of Celina, Texas, according to the Final Plat, recorded in Volume P,
788	796		Page 632 of the Plat Records of Collin County, Texas, a distance of
789	797		2005.13 feet to the southwest corner of said 450.71-acre tract,
790	798		same being the southeast corner of Morgan Lakes Estates Phase One,
791	799		an addition to the City of Celina, Texas, according to the Final
792	800		Plat, recorded in Volume I, Page 591 of the Plat Records of Collin
793	801		County, Texas;
794	802		THENCE in a northerly direction, along the westerly line of said
795	803		450.71-acre tract and the easterly line of said Morgan Lakes
796	804		Estates Phase One, the following:
797	805		North 00°03'12" East, a distance of 461.22 feet to a corner;
798	806		North 07°08'40" East, a distance of 60.21 feet to the point of
799	807		curvature of a non-tangent curve to the left;
800	808		Along the arc of said curve to the left, through a central
801	809		angle of 06°21'24", having a radius of 270.00 feet, a chord bearing
802	810		of South 86°04'27" East, a chord distance of 29.94 feet and an arc
803	811		length of 29.96 feet to the end of said curve;
804	812		South 89°02'33" East, a distance of 222.34 feet to a corner;
805	813		North 01°00'05" East, a distance of 107.20 feet to a corner;
806	814		North 51°42'33" East, a distance of 398.05 feet to a corner;
807	815		North 49°38'51" East, a distance of 210.56 feet to a corner;
808	816		North 36°54'05" West, a distance of 462.25 feet to a corner;
809	817		North 15°17'56" West, a distance of 60.26 feet to the point of
810	818		curvature of a non-tangent curve to the right;
811	819		Along the arc of said curve to the right, through a central
812	820		angle of 07°25'01", having a radius of 530.00 feet, a chord bearing
813	821		of North 78°46'38" East, a chord distance of 68.56 feet and an arc
814	822		length of 68.61 feet to the end of said curve;
815	823		North 82°26'45" East, a distance of 62.14 feet to a corner;
816	824		North 38°02'48" West, a distance of 615.74 feet to a corner;
817	825		North 25°29'50" West, a distance of 423.56 feet to a corner;
818	826		North 11°11'38" East, a distance of 219.89 feet to a corner;
819	827		North 49°12'28" West, a distance of 934.00 feet to a corner;
820	828		North 45°38'34" West, a distance of 346.17 feet to a corner;
821	829		North 84°06'21" West, a distance of 374.78 feet to the
822	830		northwest corner of said Morgan Lakes Estates Phase One, same being
823	831		the westernmost, southwest corner of said 450.71-acre tract, same
824	832		being on the easterly line of a called 15.071-acre tract of land,
825	833		conveyed to SMR Family LP, as evidenced in a General Warranty Deed,
826	834		recorded in Instrument No. 20090526000637370 of the Official
827	835		Public Records of Collin County, Texas;
828	836		THENCE North 01°51'32" East, continuing along the westerly line of
829	837		said 450.71-acre tract and the easterly line of said 15.071-acre
830	838		tract, a distance of 132.73 feet to the northeast corner of said
831	839		15.071-acre tract, same being the southeast corner of a called
832	840		16.369-acre tract of land, conveyed to Pyramid Drywall, Inc., as
833	841		evidenced in a General Warranty Deed, recorded in Instrument
834	842		No. 20160721000935850 of the Official Public Records of Collin
835	843		County, Texas;
836	844		THENCE North 00°50'57" West, East, continuing along the westerly
837	845		line of said 450.71-acre tract and the easterly line of said
838	846		16.369-acre tract, a distance of 1184.08 feet to the easternmost,
839	847		northeast corner of said 16.36-acre tract;
840	848		THENCE North 87°07'46" West, continuing along the westerly line of
841	849		said 450.71-acre tract and the easterly line of said 16.369-acre
842	850		tract, a distance of 50.86 feet to a corner;
843	851		THENCE North 00°51'58" West, continuing along the westerly line of
844	852		said 450.71-acre tract, the easterly line of said 16.369-acre tract
845	853		and the easterly line of the remainder of a tract of land, conveyed
846	854		to Marvin T. Wilson and wife, Renetta T. Wilson, as evidenced in a
847	855		Warranty Deed, recorded in County Clerk's File No. 92-0004376 of
848	856		the Land Records of Collin County, Texas, a distance of 489.53 feet
849	857		to the northeast corner of said Wilson tract;
850	858		THENCE South 89°48'22" West, continuing along the westerly line of
851	859		said 450.71-acre tract and along the northerly line of said Wilson
852	860		tract, a distance of 341.96 feet to the northwest corner of said
853	861		Wilson tract, same being on the easterly right of way line of
854	862		aforesaid State Highway 289 (Preston Road);
855	863		THENCE North 00°16'22" East, continuing along the westerly line of
856	864		said 450.71-acre tract and along the easterly right of way line of
857	865		said State Highway 289 (Preston Road), a distance of 51.94 feet to
858	866		the POINT OF BEGINNING and containing 1,432.8 gross acres of land,
859	867		more or less, SAVE AND EXCEPT the following two tracts of land:
860	868		TRACT 1:
861	869		BEING a tract of land situated in the Benjamin Haile Survey,
862	870		Abstract No. 397, City of Celina, Collin County, Texas, and being
863	871		the remaining portion of a called 160.42-acre tract of land,
864	872		conveyed to Kirk's Rockin K Ranch & Land Company, Inc., as evidenced
865	873		in a Special Warranty Deed, recorded in Volume 4139, Page 3116 of
866	874		the Land Records of Collin County, Texas, and being more
867	875		particularly described by metes and bounds as follows:
868	876		BEGINNING at the southwest corner of said 160.42-acre tract, and
869	877		the northwest corner of a 30' Street Easement to Collin County,
870	878		Texas, recorded in County Clerk's File No. 96-0067345 of the Land
871	879		Records of Collin County, Texas, same being on the easterly line of
872	880		a called 272.545-acre tract of land, conveyed to Eland Energy,
873	881		Inc., as evidenced in a Special Warranty Deed, recorded in
874	882		Instrument No. 20150722000903300 of the Official Public Records of
875	883		Collin County, Texas, same also being in County Road No. 101, a
876	884		public use right of way, no record found;
877	885		THENCE North 00°31'00" West, along the westerly line of said
878	886		160.42-acre tract, the easterly line of said 272.545-acre tract and
879	887		along said County Road No. 101, a distance of 417.42 feet to the
880	888		westernmost, southwest corner of a called 154.059-acre tract of
881	889		land, conveyed to Central Frisco, Ltd., as evidenced in a Special
882	890		Warranty Deed, recorded in Instrument No. 20070725001023610 of the
883	891		Official Public Records of Collin County, Texas;
884	892		THENCE North 89°58'09" East, departing the westerly line of said
885	893		160.42-acre tract, the easterly line of said 272.545-acre tract,
886	894		said County Road No. 101 and along a southerly line of said
887	895		154.059-acre tract, a distance of 417.42 feet to a corner;
888	896		THENCE South 00°31'02" East, along a westerly line of said
889	897		154.059-acre tract, a distance of 417.42 feet to the southernmost,
890	898		southwest corner of said 154.059-acre tract, same being on the
891	899		southerly line of said 160.42-acre tract, same also being on the
892	900		northerly line of a called "Tract Five" (18.748 acres), conveyed to
893	901		Eland Energy, Inc., as evidenced in a General Warranty Deed,
894	902		recorded in Instrument No. 20141002001081250 of the Official
895	903		Public Records of Collin County, Texas;
896	904		THENCE South 89°58'09" West, along the southerly line of said
897	905		160.42-acre tract, the northerly line of said "Tract Five" and the
898	906		northerly line of aforesaid 30' wide Street Easement, a distance of
899	907		417.43 feet to the POINT OF BEGINNING and containing 4.0 acres of
900	908		land, more or less.
901	909		TRACT 2:
902	910		BEING a tract of land, situated in the Mary Howell Survey, Abstract
903	911		No. 396 and the Benjamin Haile Survey, Abstract No. 397 and being
904	912		all of a called 26.620-acre tract of land, conveyed to John O. Rea
905	913		and wife, Patricia O. Rea, as evidenced in a General Warranty Deed,
906	914		recorded in County Clerk's File No. 92-0067367 and all of a called
907	915		5.000-acre tract of land, conveyed to John W. Rea and spouse,
908	916		Patricia O. Rea, as evidenced in a General Warranty Deed, recorded
909	917		in County Clerk's File No. 92-0067368, both of the Land Records of
910	918		Collin County, Texas, and being more particularly described by
911	919		metes and bounds as follows;
912	920		BEGINNING at the northeast corner of said 26.620-acre tract, same
913	921		being the northernmost, northwest corner of a called 167.027-acre
914	922		tract of land, conveyed to Eland Energy, Inc., as evidenced in a
915	923		General Warranty Deed, recorded in Instrument
916	924		No. 20141002001081290 of the Official Public Records of Collin
917	925		County, Texas, same also being on the southerly line of a called
918	926		62.434-acre tract of land, conveyed to Eland Energy, Inc., as
919	927		evidenced in a General Warranty Deed, recorded in Instrument
920	928		No. 20141002001081260 of the Official Public Records of Collin
921	929		County, Texas;
922	930		THENCE in a southerly direction, departing the southerly line of
923	931		said 62.434-acre tract, along the easterly line of said 26.620-acre
924	932		tract and the westerly line of said 167.027-acre tract, the
925	933		following:
926	934		South 01°29'15" East, a distance of 1335.38 feet to a corner;
927	935		North 89°49'39" West, a distance of 508.88 feet to a corner;
928	936		South 38°07'37" West, a distance of 430.66 feet to the
929	937		southeast corner of said 26.620-acre tract;
930	938		THENCE South 89°52'35" West, continuing along the westerly line of
931	939		said 167.027-acre tract and along the southernmost line of said
932	940		26.620-acre tract, a distance of 297.86 feet to the southwest
933	941		corner of said 26.620-acre tract, same being on the easterly line of
934	942		a "Tract Two" (66.676 acres), conveyed to Eland Energy, Inc., as
935	943		evidenced in said General Warranty Deed, recorded in Instrument
936	944		No. 20141002001081250;
937	945		THENCE in a northerly direction, along the westerly line of said
938	946		26.620-acre tract and the easterly line of said "Tract Two", the
939	947		following:
940	948		North 00°59'41" West, a distance of 263.88 feet to a corner;
941	949		South 63°10'27" East, a distance of 93.04 feet to a corner;
942	950		North 33°29'47" East, a distance of 96.33 feet to a corner;
943	951		North 55°28'52" East, a distance of 144.33 feet to a corner;
944	952		North 32°30'37" West, a distance of 235.17 feet to a corner;
945	953		North 16°40'31" East, a distance of 139.05 feet to a corner;
946	954		North 62°31'57" East, a distance of 233.49 feet to a corner;
947	955		North 23°42'01" East, a distance of 277.45 feet to a corner;
948	956		North 12°49'11" West, a distance of 66.79 feet to the
949	957		northeast corner of said "Tract Two";
950	958		THENCE in a westerly direction, along the northerly line of said
951	959		"Tract Two", a southerly line of said 26.620-acre tract and along
952	960		the southerly line of aforesaid 5.000-acre tract, the following:
953	961		North 84°55'21" West, a distance of 167.79 feet to the south
954	962		common corner of said 26.620-acre tract and said 5.000-acre tract;
955	963		North 84°55'21" West, a distance of 31.54 feet to a corner;
956	964		South 27°54'16" West, a distance of 108.75 feet to a corner;
957	965		North 47°35'32" West, a distance of 127.34 feet to a corner;
958	966		South 22°02'46" West, a distance of 111.09 feet to a corner;
959	967		North 51°01'12" West, a distance of 184.77 feet to a corner;
960	968		South 66°56'55" West, a distance of 73.70 feet to the
961	969		southwest corner of said 5.000-acre tract and the northernmost,
962	970		northwest corner of said "Tract Two", same being on the easterly
963	971		line of a called 154.059-acre tract of land, conveyed to Central
964	972		Frisco, Ltd., as evidenced in a Special Warranty Deed, recorded in
965	973		Instrument No. 20070725001023610 of the Official Public Records of
966	974		Collin County, Texas;
967	975		THENCE North 00°21'55" West, along the westerly line of said
968	976		5.000-acre tract, the westerly line of said 26.620-acre tract and
969	977		the easterly line of said 154.059-acre tract, a distance of 525.45
970	978		feet to the northwest corner of said 26.620-acre tract, same being
971	979		the southwest corner of a called 6.000-acre tract of land, conveyed
972	980		to Central Frisco, Ltd., as evidenced in a General Warranty Deed,
973	981		recorded in Instrument No. 20110831000926240 of the Official
974	982		Public Records of Collin County, Texas;
975	983		THENCE North 89°21'14" East, departing the easterly line of said
976	984		154.059-acre tract, along the northerly line of said 26.620-acre
977	985		tract, the southerly line of said 6.000-acre tract and the
978	986		southerly line of aforesaid 62.434-acre tract, a distance of
979	987		1170.10 feet to the POINT OF BEGINNING and containing 31.6 acres of
980	988		land, more or less.
981	989		LEAVING a net area of 1,397.2 acres of land, more or less.
982	990		SECTION 3. (a) The legal notice of the intention to
983	991		introduce this Act, setting forth the general substance of this
984	992		Act, has been published as provided by law, and the notice and a
985	993		copy of this Act have been furnished to all persons, agencies,
986	994		officials, or entities to which they are required to be furnished
987	995		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
988	996		Government Code.
989	997		(b) The governor, one of the required recipients, has
990	998		submitted the notice and Act to the Texas Commission on
991	999		Environmental Quality.
992	1000		(c) The Texas Commission on Environmental Quality has filed
993	1001		its recommendations relating to this Act with the governor,
994	1002		lieutenant governor, and speaker of the house of representatives
995	1003		within the required time.
996	1004		(d) All requirements of the constitution and laws of this
997	1005		state and the rules and procedures of the legislature with respect
998	1006		to the notice, introduction, and passage of this Act have been
999	1007		fulfilled and accomplished.
1000	1008		SECTION 4. This Act takes effect September 1, 2017.
1001		-	______________________________ ______________________________
1002		-	President of the Senate Speaker of the House
1003		-	I certify that H.B. No. 4268 was passed by the House on May
1004		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
1005		-	voting; and that the House concurred in Senate amendments to H.B.
1006		-	No. 4268 on May 26, 2017, by the following vote: Yeas 125, Nays 19,
1007		-	1 present, not voting.
1008		-	______________________________
1009		-	Chief Clerk of the House
1010		-	I certify that H.B. No. 4268 was passed by the Senate, with
1011		-	amendments, on May 24, 2017, by the following vote: Yeas 29, Nays
1012		-	1, 1 present, not voting.
1013		-	______________________________
1014		-	Secretary of the Senate
1015		-	APPROVED: __________________
1016		-	Date
1017		-	__________________
1018		-	Governor
	1009	+	* * * * *