Texas 2021 - 87th Regular

Texas House Bill HB4626 Compare Versions

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1-H.B. No. 4626
1+By: Sanford (Senate Sponsor - Springer) H.B. No. 4626
2+ (In the Senate - Received from the House May 10, 2021;
3+ May 10, 2021, read first time and referred to Committee on Local
4+ Government; May 19, 2021, reported favorably by the following
5+ vote: Yeas 9, Nays 0; May 19, 2021, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the creation of the Mesquoakee Ranch Municipal Utility
612 District of Collin County; granting a limited power of eminent
713 domain; providing authority to issue bonds; providing authority to
814 impose assessments, fees, and taxes.
915 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1016 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1117 Code, is amended by adding Chapter 7909 to read as follows:
1218 CHAPTER 7909. MESQUOAKEE RANCH MUNICIPAL UTILITY DISTRICT OF
1319 COLLIN COUNTY
1420 SUBCHAPTER A. GENERAL PROVISIONS
1521 Sec. 7909.0101. DEFINITIONS. In this chapter:
1622 (1) "Board" means the district's board of directors.
1723 (2) "Commission" means the Texas Commission on
1824 Environmental Quality.
1925 (3) "Director" means a board member.
2026 (4) "District" means the Mesquoakee Ranch Municipal
2127 Utility District of Collin County.
2228 Sec. 7909.0102. NATURE OF DISTRICT. The district is a
2329 municipal utility district created under Section 59, Article XVI,
2430 Texas Constitution.
2531 Sec. 7909.0103. CONFIRMATION AND DIRECTOR ELECTION
2632 REQUIRED. The temporary directors shall hold an election to
2733 confirm the creation of the district and to elect five permanent
2834 directors as provided by Section 49.102, Water Code.
2935 Sec. 7909.0104. CONDITIONS PRECEDENT TO CONFIRMATION
3036 ELECTION. (a) The temporary directors may not hold an election
3137 under Section 7909.0103 until:
3238 (1) each municipality in whose corporate limits or
3339 extraterritorial jurisdiction the district is located has
3440 consented by ordinance or resolution to the creation of the
3541 district and to the inclusion of land in the district; and
3642 (2) the district has entered into a contract with a
3743 municipality, Collin County, or another entity:
3844 (A) for adequate supplemental police, fire,
3945 emergency, and animal control services for the district; and
4046 (B) that is approved by the Commissioners Court
4147 of Collin County under Subsection (c).
4248 (b) A contract under Subsection (a) may include a provision
4349 that the contract takes effect only on the approval of the
4450 Commissioners Court of Collin County and the voters in the district
4551 voting in an election held for that purpose.
4652 (c) The Commissioners Court of Collin County shall review a
4753 contract under Subsection (a) and evaluate the supplemental police,
4854 fire, emergency, and animal control services provided in the
4955 contract. If the commissioners court determines that the contract
5056 provides adequate services, the commissioners court shall adopt a
5157 resolution stating that the contract has met the requirements of
5258 Subsection (a).
5359 Sec. 7909.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
5460 (a) The district is created to serve a public purpose and benefit.
5561 (b) The district is created to accomplish the purposes of:
5662 (1) a municipal utility district as provided by
5763 general law and Section 59, Article XVI, Texas Constitution; and
5864 (2) Section 52, Article III, Texas Constitution, that
5965 relate to the construction, acquisition, improvement, operation,
6066 or maintenance of macadamized, graveled, or paved roads, or
6167 improvements, including storm drainage, in aid of those roads.
6268 Sec. 7909.0106. INITIAL DISTRICT TERRITORY. (a) The
6369 district is initially composed of the territory described by
6470 Section 2 of the Act enacting this chapter.
6571 (b) The boundaries and field notes contained in Section 2 of
6672 the Act enacting this chapter form a closure. A mistake made in the
6773 field notes or in copying the field notes in the legislative process
6874 does not affect the district's:
6975 (1) organization, existence, or validity;
7076 (2) right to issue any type of bond for the purposes
7177 for which the district is created or to pay the principal of and
7278 interest on a bond;
7379 (3) right to impose a tax; or
7480 (4) legality or operation.
7581 SUBCHAPTER B. BOARD OF DIRECTORS
7682 Sec. 7909.0201. GOVERNING BODY; TERMS. (a) The district is
7783 governed by a board of five elected directors.
7884 (b) Except as provided by Section 7909.0202, directors
7985 serve staggered four-year terms.
8086 Sec. 7909.0202. TEMPORARY DIRECTORS. (a) On or after the
8187 effective date of the Act enacting this chapter, the owner or owners
8288 of a majority of the assessed value of the real property in the
8389 district may submit a petition to the commission requesting that
8490 the commission appoint as temporary directors the five persons
8591 named in the petition. The commission shall appoint as temporary
8692 directors the five persons named in the petition.
8793 (b) Temporary directors serve until the earlier of:
8894 (1) the date permanent directors are elected under
8995 Section 7909.0103; or
9096 (2) the fourth anniversary of the effective date of
9197 the Act enacting this chapter.
9298 (c) If permanent directors have not been elected under
9399 Section 7909.0103 and the terms of the temporary directors have
94100 expired, successor temporary directors shall be appointed or
95101 reappointed as provided by Subsection (d) to serve terms that
96102 expire on the earlier of:
97103 (1) the date permanent directors are elected under
98104 Section 7909.0103; or
99105 (2) the fourth anniversary of the date of the
100106 appointment or reappointment.
101107 (d) If Subsection (c) applies, the owner or owners of a
102108 majority of the assessed value of the real property in the district
103109 may submit a petition to the commission requesting that the
104110 commission appoint as successor temporary directors the five
105111 persons named in the petition. The commission shall appoint as
106112 successor temporary directors the five persons named in the
107113 petition.
108114 SUBCHAPTER C. POWERS AND DUTIES
109115 Sec. 7909.0301. GENERAL POWERS AND DUTIES. The district
110116 has the powers and duties necessary to accomplish the purposes for
111117 which the district is created.
112118 Sec. 7909.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
113119 DUTIES. The district has the powers and duties provided by the
114120 general law of this state, including Chapters 49 and 54, Water Code,
115121 applicable to municipal utility districts created under Section 59,
116122 Article XVI, Texas Constitution.
117123 Sec. 7909.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
118124 52, Article III, Texas Constitution, the district may design,
119125 acquire, construct, finance, issue bonds for, improve, operate,
120126 maintain, and convey to this state, a county, or a municipality for
121127 operation and maintenance macadamized, graveled, or paved roads, or
122128 improvements, including storm drainage, in aid of those roads.
123129 Sec. 7909.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
124130 road project must meet all applicable construction standards,
125131 zoning and subdivision requirements, and regulations of each
126132 municipality in whose corporate limits or extraterritorial
127133 jurisdiction the road project is located.
128134 (b) If a road project is not located in the corporate limits
129135 or extraterritorial jurisdiction of a municipality, the road
130136 project must meet all applicable construction standards,
131137 subdivision requirements, and regulations of each county in which
132138 the road project is located.
133139 (c) If the state will maintain and operate the road, the
134140 Texas Transportation Commission must approve the plans and
135141 specifications of the road project.
136142 Sec. 7909.0305. COMPLIANCE WITH MUNICIPAL CONSENT
137143 ORDINANCE OR RESOLUTION. The district shall comply with all
138144 applicable requirements of any ordinance or resolution that is
139145 adopted under Section 54.016 or 54.0165, Water Code, and that
140146 consents to the creation of the district or to the inclusion of land
141147 in the district.
142148 Sec. 7909.0306. DIVISION OF DISTRICT. (a) The district may
143149 be divided into two or more new districts only if the district:
144150 (1) has no outstanding bonded debt; and
145151 (2) is not imposing ad valorem taxes.
146152 (b) This chapter applies to any new district created by the
147153 division of the district, and a new district has all the powers and
148154 duties of the district.
149155 (c) A new district created by the division of the district
150156 may not, at the time the new district is created, contain any land
151157 outside the area described by Section 2 of the Act enacting this
152158 chapter.
153159 (d) The board, on its own motion or on receipt of a petition
154160 signed by the owner or owners of a majority of the assessed value of
155161 the real property in the district, may adopt an order dividing the
156162 district.
157163 (e) The board may adopt an order dividing the district
158164 before or after the date the board holds an election under Section
159165 7909.0103 to confirm the district's creation.
160166 (f) An order dividing the district shall:
161167 (1) name each new district;
162168 (2) include the metes and bounds description of the
163169 territory of each new district;
164170 (3) appoint temporary directors for each new district;
165171 and
166172 (4) provide for the division of assets and liabilities
167173 between the new districts.
168174 (g) On or before the 30th day after the date of adoption of
169175 an order dividing the district, the district shall file the order
170176 with the commission and record the order in the real property
171177 records of each county in which the district is located.
172178 (h) A new district created by the division of the district
173179 shall hold a confirmation and directors' election as required by
174180 Section 7909.0103. If the voters of a new district do not confirm
175181 the creation of the new district, the assets, obligations,
176182 territory, and governance of the new district revert to the
177183 original district.
178184 (i) If the creation of the new district is confirmed, the
179185 new district shall provide the election date and results to the
180186 commission.
181187 (j) Any new district created by the division of the district
182188 must hold an election as required by this chapter to obtain voter
183189 approval before the district may impose a maintenance tax or issue
184190 bonds payable wholly or partly from ad valorem taxes.
185191 (k) Municipal consent to the creation of the district and to
186192 the inclusion of land in the district granted under Section
187193 7909.0104 acts as municipal consent to the creation of any new
188194 district created by the division of the district and to the
189195 inclusion of land in the new district.
190196 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
191197 Sec. 7909.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
192198 The district may issue, without an election, bonds and other
193199 obligations secured by:
194200 (1) revenue other than ad valorem taxes; or
195201 (2) contract payments described by Section 7909.0403.
196202 (b) The district must hold an election in the manner
197203 provided by Chapters 49 and 54, Water Code, to obtain voter approval
198204 before the district may impose an ad valorem tax or issue bonds
199205 payable from ad valorem taxes.
200206 (c) The district may not issue bonds payable from ad valorem
201207 taxes to finance a road project unless the issuance is approved by a
202208 vote of a two-thirds majority of the district voters voting at an
203209 election held for that purpose.
204210 Sec. 7909.0402. OPERATION AND MAINTENANCE TAX. (a) If
205211 authorized at an election held under Section 7909.0401, the
206212 district may impose an operation and maintenance tax on taxable
207213 property in the district in accordance with Section 49.107, Water
208214 Code.
209215 (b) The board shall determine the tax rate. The rate may not
210216 exceed the rate approved at the election.
211217 Sec. 7909.0403. CONTRACT TAXES. (a) In accordance with
212218 Section 49.108, Water Code, the district may impose a tax other than
213219 an operation and maintenance tax and use the revenue derived from
214220 the tax to make payments under a contract after the provisions of
215221 the contract have been approved by a majority of the district voters
216222 voting at an election held for that purpose.
217223 (b) A contract approved by the district voters may contain a
218224 provision stating that the contract may be modified or amended by
219225 the board without further voter approval.
220226 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
221227 Sec. 7909.0501. AUTHORITY TO ISSUE BONDS AND OTHER
222228 OBLIGATIONS. The district may issue bonds or other obligations
223229 payable wholly or partly from ad valorem taxes, impact fees,
224230 revenue, contract payments, grants, or other district money, or any
225231 combination of those sources, to pay for any authorized district
226232 purpose.
227233 Sec. 7909.0502. TAXES FOR BONDS. At the time the district
228234 issues bonds payable wholly or partly from ad valorem taxes, the
229235 board shall provide for the annual imposition of a continuing
230236 direct ad valorem tax, without limit as to rate or amount, while all
231237 or part of the bonds are outstanding as required and in the manner
232238 provided by Sections 54.601 and 54.602, Water Code.
233239 Sec. 7909.0503. BONDS FOR ROAD PROJECTS. At the time of
234240 issuance, the total principal amount of bonds or other obligations
235241 issued or incurred to finance road projects and payable from ad
236242 valorem taxes may not exceed one-fourth of the assessed value of the
237243 real property in the district.
238244 SECTION 2. The Mesquoakee Ranch Municipal Utility District
239245 of Collin County initially includes all the territory contained in
240246 the following area:
241247 Tract 1:
242248 BEING a tract or parcel of land situated Collin County, Texas, being
243249 part of the John H. Wilson Survey, Abstract No. 964, being all of a
244250 53.98 (Tract One) acre tract of land, all of a 22.95 (Tract Two)
245251 acre tract of land and all of a 22.63 (Tract Three) acre tract of
246252 land as described in a Warranty Deed from Daniel D. Vick and wife,
247253 Aynja L. Vick to Mesquoakee Ranch, LLC as recorded in/under Clerk's
248254 File No. 20160321000332960 of Collin County, Texas, being all of a
249255 65.553 acre tract of land as described in a General Warranty Deed
250256 from William Brian Sanders, as Independent Executor of the Estate
251257 of James Blair Carter, Deceased to Mesquoakee Ranch, LLC as
252258 recorded in/under Clerk's File No. 20160406000409780 of Collin
253259 County, Texas, also being all of Lot 11 of HONEY CREEK FARMS
254260 ADDITION, an addition to Collin County, Texas, according to the
255261 Plat thereof recorded in Cabinet L on Slide 409 of the Map and Plat
256262 Records of Collin County, Texas and being further described as
257263 follows:
258264 BEGINNING at a 1/2 inch iron rod found for a corner at the southeast
259265 corner of said 22.63 acre tract in the center of Collin County Road
260266 No. 136, said Point of Beginning being at the existing northeast
261267 corner of a 562.084 acre tract as conveyed to Thomas and Nancy
262268 Carter as recorded in/under Clerk's File No. 20150827001083840 of
263269 Collin County, Texas;
264270 THENCE N 89°59'04" W (bearing basis) along a fence, the south line of
265271 said 22.63 acre tract and the north line of said 562.084 acre tract,
266272 a distance of 1799.06 feet to a fence post for a corner;
267273 THENCE S 88°19'11" W along a fence, the south line of said 22.63 acre
268274 tract and the north line of said 562.084 acre tract, a distance of
269275 500.00 feet to a fence post for a corner;
270276 THENCE N 89°23'27" W along a fence, the south line of said 22.63 acre
271277 tract and the north line of said 562.084 acre tract, a distance of
272278 677.32 feet to a 1/2 inch iron rod found for a corner at the
273279 southwest corner of said 22.63 acre tract;
274280 THENCE N 83°37'59" W along the north line of said 562.084 acre tract,
275281 a distance of 225.15 feet to a point on the east side of Honey Creek;
276282 THENCE S 88°28'30" W along the north line of said 562.084 acre tract,
277283 a distance of 152.23 feet to a point in the center of Honey Creek;
278284 THENCE in the Northerly direction, along the center of Honey Creek,
279285 the following calls:
280286 1.) N 14°49'31" E, 111.76 feet;
281287 2.) N 52°22'02" E, 98.25 feet;
282288 3.) N 01°09'41" E, 98.08 feet;
283289 4.) N 25°42'03" W, 98.28 feet;
284290 5.) N 89°43'02" W, 22.92 feet;
285291 6.) S 59°35'36" W, 95.25 feet;
286292 7.) N 80°45'20" W, 36.01 feet;
287293 8.) N 25°05'27" W, 39.32 feet;
288294 9.) N 16°39'50" E, 59.70 feet;
289295 10.) N 23°26'45" W, 20.94 feet;
290296 11.) N 89°43'02" W, 23.40 feet;
291297 12.) S 71°50'03" W, 81.49 feet;
292298 13.) N 69°48'51" W, 43.99 feet;
293299 THENCE N 47°48'39" W along the center of Honey Creek, a distance of
294300 33.34 feet to a point;
295301 THENCE S 89°48'00" W joining and along a fence and along the south
296302 line of said 65.554 acre tract, passing a fence post found at a
297303 distance of 184.21feet, in all a total distance of 1398.64 feet to a
298304 fence post for a corner at the southwest corner of said 65.554 acre
299305 tract;
300306 THENCE N 00°31'42" W along and leaving a fence and along the west
301307 line of said 65.554 acre tract, a distance of 2231.18 feet to a 1/2
302308 inch iron rod found for a corner at the northwest corner of said
303309 65.554 acre tract in the center of Collin County Road No. 138;
304310 THENCE N 88°29'17" E along the center of Collin County Road No. 138,
305311 a distance of 233.36 feet to a 1/2 inch iron rod found for a corner;
306312 THENCE S 85°49'50" E along the center of Collin County Road No. 138,
307313 a distance of 184.32 feet to a 1/2 inch iron rod found for a corner;
308314 THENCE S 63°59'10" E along the center of Collin County Road No. 138,
309315 a distance of 354.06 feet to a 1/2 inch iron rod found for a corner,
310316 said corner being at the existing southeast corner of a 24.432 acre
311317 tract as conveyed to Ronald McCutchin Family Partnership, LTD as
312318 recorded in Volume 5180 at Page 5070 of the Official Records of
313319 Collin County, Texas;
314320 THENCE S 19°34'21" W a distance of 80.01 feet to a point in the
315321 center of Honey Creek;
316322 THENCE in the Southerly direction, along the center of Honey Creek,
317323 the following calls:
318324 1.) S 06°43'24" W, 113.27 feet;
319325 2.) S 06°15'22" E, 77.67 feet;
320326 3.) S 33°46'10" E, 57.99 feet;
321327 4.) N 35°34'59" E, 62.25 feet;
322328 5.) N 58°23'22" E, 22.60 feet;
323329 6.) S 46°10'29" E, 80.83 feet;
324330 7.) S 05°27'00" W, 54.43 feet;
325331 8.) S 45°06'24" E, 63.56 feet;
326332 9.) S 18°44'24" E, 69.03 feet;
327333 10.) S 58°47'18" E, 32.12 feet;
328334 11.) N 52°41'40" E, 47.43 feet;
329335 12.) N 67°16'00" E, 75.64 feet;
330336 13.) N 35°12'35" E, 60.00 feet;
331337 14.) N 60°30'52" E, 50.37 feet;
332338 15.) S 72°32'58" E, 22.39 feet;
333339 16.) S 36°49'54" E, 71.23 feet;
334340 17.) S 41°02'59" W, 27.00 feet;
335341 18.) S 76°48'04" W, 52.67 feet;
336342 19.) S 44°55'45" E, 55.00 feet;
337343 20.) S 16°33'07" W, 57.34 feet;
338344 21.) S 31°52'47" E, 43.66 feet;
339345 22.) N 78°09'48" E, 22.33 feet;
340346 23.) S 51°54'16" E, 28.95 feet;
341347 24.) S 55°06'38" W, 50.32 feet;
342348 25.) S 11°16'44" W, 65.59 feet;
343349 26.) S 03°33'43" E, 78.65 feet;
344350 27.) S 59°24'41" W, 21.52 feet;
345351 28.) S 21°27'10" W, 31.72 feet;
346352 29.) S 34°45'44" E, 33.93 feet;
347353 30.) S 76°35'46" E, 21.83 feet;
348354 31.) N 71°41'53" E, 38.07 feet;
349355 32.) S 55°38'24" E, 24.27 feet;
350356 33.) S 11°12'23" E, 67.89 feet;
351357 34.) S 37°45'21" E, 95.42 feet;
352358 35.) S 84°27'23" E, 53.99 feet;
353359 36.) N 22°38'21" W, 81.34 feet;
354360 37.) N 58°35'43" E, 24.88 feet;
355361 38.) S 64°53'59" E, 66.17 feet;
356362 39.) S 86°23'33" E, 51.46 feet;
357363 40.) S 14°58'26" E, 50.55 feet;
358364 41.) S 57°10'26" W, 131.66 feet;
359365 42.) S 31°56'09" E, 31.26 feet;
360366 43.) S 69°56'55" E, 49.48 feet;
361367 44.) N 70°36'49" E, 61.47 feet;
362368 45.) N 26°59'04" E, 34.49 feet;
363369 46.) N 67°04'32" E, 74.68 feet;
364370 47.) S 77°08'16" E, 111.63 feet;
365371 48.) S 05°51'56" W, 28.26 feet;
366372 49.) S 50°41'16" W, 58.18 feet;
367373 50.) S 20°03'11" W, 35.47 feet;
368374 51.) S 37°26'50" W, 43.57 feet;
369375 THENCE S 05°14'31" E along the center of Honey Creek, a distance of
370376 42.60 feet to a point at the northwest corner of said 53.98 acre
371377 tract in the center of Honey Creek;
372378 THENCE N 89°55'48" E along the north line of said 53.98 acre tract, a
373379 distance of 145.50 feet to a 1/2 inch iron rod found for a corner;
374380 THENCE N 89°55'47" E along a fence and the north line of said 53.98
375381 acre tract, a distance of 2659.19 feet to a 1/2 inch iron rod found
376382 for a corner at the southwest corner of Lot 11;
377383 THENCE N 00°19'55" E along a fence and the west line of Lot 11, a
378384 distance of 359.41 feet to a fence post for a corner at the
379385 northwest corner of Lot 11;
380386 THENCE S 89°39'45" E along a fence and the north line of Lot 11, a
381387 distance of 604.28 feet to a 1/2 inch iron rod found at the
382388 northeast corner of Lot 11 on the west line of Collin County Road
383389 No. 136;
384390 THENCE S 00°18'53" W along a fence, the east line of Lot 11 and the
385391 west line of Collin County Road No. 136, a distance of 361.21 feet
386392 to a 1/2 inch iron rod found for a corner at the southeast corner of
387393 Lot 11;
388394 THENCE N 89°55'47" E along the north line of said 53.98 acre tract, a
389395 distance of 29.84 feet to a 1/2 inch iron rod set for a corner at the
390396 northeast corner of said 53.98 acre tract in the center of Collin
391397 County Road No. 136, said corner being at the existing northwest
392398 corner of an 81.321 acre tract as conveyed to Eland Energy, Inc. as
393399 recorded in/under Clerk's File No. 20141002001081560 of Collin
394400 County, Texas;
395401 THENCE S 00°17'17" W along the west line of said 81.321 acre tract
396402 and the center of Collin County Road No. 136, a distance of 1295.03
397403 feet returning to the Point of Beginning and containing 170.163
398404 acres of land.
399405 Tract 2:
400406 BEING a tract or parcel of land situated Collin County, Texas, being
401407 part of the L. Wilson Survey, Abstract No. 974, part of the Richard
402408 Phalen Survey, Abstract No. 693, part of the E. Rightman Survey,
403409 Abstract No. 750, part of the J.W.S. Butler Survey, Abstract
404410 No. 67, part of the A. Stapp Survey, Abstract No. 832, part of the
405411 T. Allen Survey, Abstract No. 13, part of the J.G. Douglas Survey,
406412 Abstract No. 263, part of the D. Douglas Survey, Abstract No. 264,
407413 part of the G. McPherson Survey, Abstract No. 574 and part of the
408414 R.B. Harris Survey, Abstract No. 410, being all of a 177.179 acre
409415 tract of land as described in a General Warranty Deed from Monetta
410416 Sample Owen, Donna Sue Whitworth, Tammy L. Shumway, Lauren B. Owen
411417 and Kevin Owen to Mesquoakee Ranch, LLC as recorded in/under
412418 Clerk's File No. 20160322000337270 of Collin County, Texas, being
413419 all of a 25.864 acre tract of land as described in a Warranty Deed
414420 from Michael P. Penick to Mesquoakee Ranch, LLC as recorded
415421 in/under Clerk's File No. 20160322000339650 of Collin County,
416422 Texas, being all of a 347.852 acre tract of land as described in a
417423 General Warranty Deed from William Brian Sanders, as Independent
418424 Executor of the Estate of James Blair Carter, Deceased to
419425 Mesquoakee Ranch, LLC as recorded in/under Clerk's File
420426 No. 20160406000409790 of Collin County, Texas, being all of a 6.000
421427 acre tract of land as described in a Warranty Deed from William A.
422428 Porter to Mesquoakee Ranch, LLC as recorded in/under Clerk's File
423429 No. 20160323000344750 of Collin County, Texas, also being all of a
424430 175.77 acre tract of land as described in a Special Warranty Deed
425431 from Charles E. Bray and wife, Nicki L. Bray to Mesquoakee Ranch,
426432 LLC as recorded in/under Clerk's File No. 20160226000226180 of
427433 Collin County, Texas and being further described as follows:
428434 BEGINNING at a 1/2 inch iron rod found for a corner at the northwest
429435 corner of said 347.852 acre tract in the center of Collin County
430436 Road No. 136, said Point of Beginning being at the existing
431437 northeast corner of a 562.084 acre tract as conveyed to Thomas and
432438 Nancy Carter as recorded in/under Clerk's File
433439 No. 20150827001083840 of Collin County, Texas, said Point of
434440 Beginning being further marked by a fence post on the east side of
435441 Collin County Road No. 136 bearing S 89°12'24" E at a distance of
436442 20.94 feet;
437443 THENCE S 89°12'24" E (bearing basis) joining and along a fence and
438444 along the north line of said 347.852 acre tract, a distance of
439445 2776.82 feet to a 1/2 inch iron rod found for a corner, said corner
440446 being at the existing southeast corner of an 81.321 acre tract as
441447 conveyed to Eland Energy, Inc as recorded in/under Clerk's File
442448 No. 20141002001081560 of Collin County, Texas, said corner also
443449 being at the existing southwest corner of a 57.804 acre tract as
444450 conveyed to Bangs Ranch, LLC as recorded in/under Clerk's File
445451 No. 20181019001305900 of Collin County, Texas;
446452 THENCE S 88°08'51" E along the south line of said 57.804 acre tract,
447453 a distance of 174.42 feet to a 1 inch pipe found for a corner in the
448454 center of a creek, said corner being at the existing northwest
449455 corner of a 53.698 acre tract as conveyed to Bangs Ranch, LLC as
450456 recorded in/under Clerk's File No. 20181228001571380 of the Land
451457 Records of Collin County, Texas;
452458 THENCE in the Southerly direction, along the center of a creek, the
453459 following calls:
454460 S 05°47'50" E, 30.74 feet;
455461 S 58°27'10" E, 75.42 feet;
456462 S 14°55'10" E, 71.99 feet;
457463 S 22°23'00" W, 38.23 feet;
458464 S 42°21'21" W, 45.46 feet;
459465 S 57°49'32" W, 54.36 feet;
460466 S 10°11'35" W, 163.22 feet;
461467 S 09°06'59" E, 33.18 feet;
462468 S 18°18'08" W, 24.12 feet;
463469 S 32°48'29' W, 45.63 feet;
464470 S 04°16'41" E, 20.12 feet;
465471 S 28°57'34" E, 39.65 feet;
466472 S 28°42'42" W, 52.09 feet;
467473 S 00°31'15" W, 11.19 feet;
468474 S 15°50'06" E, 43.08 feet;
469475 S 71°34'27" W, 60.70 feet;
470476 S 14°42'34" W, 35.31 feet;
471477 S 28°22'54" W, 52.33 feet;
472478 S 00°43'36" W, 44.08 feet;
473479 S 23°25'11" E, 29.95 feet;
474480 S 40°55'59" E, 25.86 feet;
475481 S 11°48'45" W, 121.21 feet;
476482 S 16°50'18" W, 64.29 feet;
477483 S 79°19'15" W, 33.46 feet;
478484 S 04°26'32" W, 18.60 feet;
479485 S 00°19'46" W, 45.83 feet;
480486 S 36°45'42" E, 51.55 feet;
481487 S 20°44'41" E, 49.73 feet;
482488 THENCE S 14°42'57" W along the center of said creek, a distance of
483489 43.49 feet point for a corner, said corner being further marked by a
484490 fence post found on the east side of said creek bearing N 89°34'07" E
485491 at a distance of 21.93 feet;
486492 THENCE N 89°34'07" E along a fence, a distance of 324.87 feet to a
487493 fence post for a corner;
488494 THENCE S 00°06'35" E along a fence, a distance of 291.49 feet to a
489495 1/2 inch iron rod found for a corner at the southwest corner of said
490496 53.698 acre tract;
491497 THENCE S 00°43'15" W along a fence, a distance of 536.56 feet to a
492498 1/2 inch iron rod found for a corner, said corner being at the
493499 existing southwest corner of a 61.380 acre tract as conveyed to
494500 Elizabeth Sample as recorded in Volume 6053 at Page 3713 of the
495501 Official Records of Collin County, Texas;
496502 THENCE S 89°46'12" E along the south line of said 61.380 acre tract,
497503 a distance of 2757.64 feet to a 1/2 inch iron rod found for a corner
498504 at the southeast corner of said 61.380 acre tract in the center of
499505 Collin County Road No. 1104;
500506 THENCE S 00°06'29" E along the center of Collin County Road
501507 No. 1104, a distance of 504.09 feet to a 1/2 inch iron rod found for
502508 a corner;
503509 THENCE S 51°43'17" E along the center of Collin County Road
504510 No. 1104, a distance of 128.98 feet to a 1/2 inch iron rod found for
505511 a corner;
506512 THENCE S 66°08'20" E along the center of Collin County Road
507513 No. 1104, a distance of 37.57 feet to a 1/2 inch iron rod set for a
508514 corner;
509515 THENCE S 43°23'25" E along the center of Collin County Road
510516 No. 1104, a distance of 69.91 feet to a 1/2 inch iron rod set for a
511517 corner;
512518 THENCE S 11°30'06" E along the center of Collin County Road
513519 No. 1104, a distance of 123.86 feet to a 1/2 inch iron rod set for a
514520 corner;
515521 THENCE S 00°12'25" E along the center of Collin County Road
516522 No. 1104, a distance of 467.62 feet to a 1/2 inch iron rod found for
517523 a corner, said corner being at the existing northwest corner of a
518524 31.734 acre tract as conveyed to Jack and Carol Haye as recorded in
519525 Volume 3903 at Page 2911 of the Official Records of Collin County,
520526 Texas;
521527 THENCE S 00°25'25" E along the center of Collin County Road
522528 No. 1104, a distance of 2044.49 feet to a 1/2 inch iron rod found
523529 for a corner, said corner being at the intersection of the center of
524530 Collin County Road No. 1104 and the center of Collin County Road
525531 No. 177, said corner also being at the existing southwest corner of
526532 a 15.000 acre tract as conveyed to Gary Cash as recorded in Volume
527533 5110 at Page 3331 of the Official Records of Collin County, Texas;
528534 THENCE S 89°22'27" E along the south line of said 15.000 acre tract
529535 and the center of Collin County Road No. 177, a distance of 154.25
530536 feet to a 1/2 inch iron rod set for a corner, said corner being at
531537 the existing northwest corner of a 19.000 acre tract as conveyed to
532538 Lkruse Properties, LLC as recorded in/under Clerk's File
533539 No. 20140917001009400 of Collin County, Texas, said corner also
534540 being at the intersection of the center of Collin County Road
535541 No. 177 and the center of Collin County Road No. 173;
536542 THENCE S 00°12'55" E along Collin County Road No. 173, a distance of
537543 2632.09 feet to a 1/2 inch iron rod found for a corner, said corner
538544 being at the existing southwest corner of a 30.000 acre tract as
539545 conveyed to Clyde and Barbara Butler, Jr. as recorded in/under
540546 Clerk's File No. 96-0012846 of Collin County, Texas;
541547 THENCE S 89°16'14" E along the south line of said 30.000 acre tract
542548 and the center of Collin County Road No. 173, a distance of 151.77
543549 feet to a 1/2 inch iron rod found for a corner, said corner being at
544550 the intersection of the Collin County Road No. 173 and the center of
545551 Collin County Road No. 174, said corner also being at the existing
546552 northwest corner of a 64.487 acre tract as conveyed to Rene and
547553 Sheryl Bates as recorded in/under Clerk's File
548554 No. 20120409000410660 of Collin County, Texas;
549555 THENCE S 00°02'01" E along the west line of said 64.487 acre tract
550556 and the center of Collin County Road No. 174, a distance of 2639.95
551557 feet to a 1/2 inch iron rod found for a corner at the southwest
552558 corner of said 64.487 acre tract, on the north line of Collin County
553559 Road No. 134;
554560 THENCE N 89°17'44" W along the south line of said 175.770 acre tract
555561 and the north line of Collin County Road No. 134, a distance of
556562 2527.62 feet to a 1/2 inch iron rod found for a corner at the
557563 southwest corner of said 175.770 acre tract;
558564 THENCE N 05°02'38" E a distance of 507.52 feet to a point in a pond,
559565 said corner being further marked by a 1/2 inch iron rod found
560566 bearing S 05°02'38" W at a distance of 67.01 feet;
561567 THENCE S 86°17'31" E a distance of 111.87 feet to a point;
562568 THENCE N 05°51'57" E a distance of 150.00 feet to a point;
563569 THENCE N 33°06'59" E a distance of 556.03 feet to a point;
564570 THENCE N 16°54'21" E a distance of 1583.98 feet to a fence post for a
565571 corner;
566572 THENCE S 89°15'12" E along a fence, a distance of 586.91 feet to a
567573 1/2 inch iron rod found for a corner, said corner being at the
568574 existing southeast corner of a 58.020 acre tract as conveyed to
569575 Chelly and Steve Sandler as recorded in Volume 4407 at Page 3460 of
570576 the Official Records of Collin County, Texas;
571577 THENCE N 00°12'54" W along the east line of said 58.020 acre tract, a
572578 distance of 2631.07 feet to a 1/2 inch iron rod set for a corner at
573579 the northeast corner of said 58.020 acre tract in the center of
574580 Collin County Road No. 135;
575581 THENCE N 89°22'27" W along the center of Collin County Road No. 135,
576582 a distance of 1031.23 feet to a 1/2 inch iron rod found for a corner;
577583 THENCE N 89°09'51" W along the center of Collin County Road No. 135,
578584 a distance of 1409.75 feet to a 1/2 inch iron rod found for a corner,
579585 said corner being at the existing southeast corner of a 6.000 acre
580586 tract as conveyed to Russell and Kayla Verden as recorded in/under
581587 Clerk's File No. 20150406000378640 of Collin County, Texas;
582588 THENCE N 00°39'02" E a distance of 626.13 feet to a 1/2 inch iron rod
583589 found for a corner;
584590 THENCE N 89°11'43" W a distance of 418.18 feet to a 1/2 inch iron rod
585591 found for a corner, said corner being at the existing northeast
586592 corner of a 6.000 acre tract as conveyed to Russell and Kayla Verden
587593 as recorded in/under Clerk's File No. 20130802001088960 of Collin
588594 County, Texas;
589595 THENCE N 89°11'46" W a distance of 419.87 feet to a 1/2 inch iron rod
590596 found for a corner, said corner being at the existing northeast
591597 corner of a 5.998 acre tract as conveyed to 4E Prosper, LLC as
592598 recorded in/under Clerk's File No. 20121005001267230 of Collin
593599 County, Texas;
594600 THENCE N 89°11'16" W along the north line of said 5.998 acre tract, a
595601 distance of 420.76 feet to a 1/2 inch iron rod found for a corner at
596602 the northwest corner of said 5.998 acre tract, said corner being at
597603 the existing northeast corner of a 6.000 acre tract as conveyed to
598604 Matthew and Laura Edgemon as recorded in/under Clerk's File
599605 No. 20061117001644590 of Collin County, Texas;
600606 THENCE N 89°11'43" W a distance of 420.15 feet to a 1/2 inch iron rod
601607 found for a corner, said corner being at the existing northeast
602608 corner of a 6.000 (Tract Three) acre tract as conveyed to LDJ
603609 Properties, LTD as recorded in/under Clerk's File
604610 No. 20060608000781540 of Collin County, Texas;
605611 THENCE N 89°11'41" W a distance of 420.93 feet to a 1/2 inch iron rod
606612 found for a corner, said corner being at the existing northeast
607613 corner of a 6.000 (Tract Two) acre tract as conveyed to LDJ
608614 Properties, LTD as recorded in/under Clerk's File
609615 No. 20060608000781540 of Collin County, Texas;
610616 THENCE N 89°11'44" W a distance of 421.28 feet to a 1/2 inch iron rod
611617 found for a corner at the northeast corner of subject 6.000 acre
612618 tract;
613619 THENCE S 00°39'02" W along the east line of subject 6.000 acre tract,
614620 a distance of 621.94 feet to a 1/2 inch iron rod found for a corner
615621 at the southeast corner of subject 6.000 acre tract in the center of
616622 Collin County Road No. 135;
617623 THENCE N 89°37'19" W along the south line of subject 6.000 acre tract
618624 and the center of Collin County Road No. 135, a distance of 400.52
619625 feet to a 1/2 inch iron rod found for a corner at the southwest
620626 corner of subject 6.000 acre tract, said corner being at the
621627 intersection of the center of Collin County Road No. 135 and the
622628 center of Collin County Road No. 136;
623629 THENCE N 02°46'14" W along the west line of subject 6.000 acre tract
624630 and the center of Collin County Road No. 136, a distance of 626.14
625631 feet to a 1/2 inch iron rod found for a corner at the northwest
626632 corner of subject 6.000 acre tract;
627633 THENCE N 04°05'44" W along the center of Collin County Road No. 136,
628634 a distance of 648.96 feet to a 1/2 inch iron rod found for a corner;
629635 THENCE N 00°14'21" W along the center of Collin County Road No. 136,
630636 a distance of 770.86 feet to a 1/2 inch iron rod found for a corner;
631637 THENCE N 07°32'51" E along the center of Collin County Road No. 136,
632638 a distance of 50.97 feet to a 1/2 inch iron rod found for a corner;
633639 THENCE N 20°00'19" E along the center of Collin County Road No. 136,
634640 a distance of 85.29 feet to a 1/2 inch iron rod found for a corner;
635641 THENCE N 02°31'13" E along the center of Collin County Road No. 136,
636642 a distance of 56.53 feet to a 1/2 inch iron rod found for a corner;
637643 THENCE N 00°13'08" E along the center of Collin County Road No. 136,
638644 a distance of 1035.95 feet to a 1/2 inch iron rod found for a corner;
639645 THENCE N 89°04'40" E a distance of 66.00 feet to a 1/2 inch iron rod
640646 found for a corner;
641647 THENCE N 00°23'55" W a distance of 241.11 feet to a 1/2 inch iron rod
642648 found for a corner;
643649 THENCE S 89°00'06" W a distance of 66.00 feet to a 1/2 inch iron rod
644650 found for a corner in the center of Collin County Road No. 136;
645651 THENCE N 00°05'18" E along the center of Collin County Road No. 136,
646652 a distance of 1791.04 feet returning to the Point of Beginning and
647653 containing 732.528 acres of land.
648654 Tract No. 3:
649655 BEING a tract of land situated in the Benjamin Haile Survey,
650656 Abstract No. 398. Collin County, Texas, and being all of three
651657 tracts conveyed to J T Nevill Partnership as recorded in Instrument
652658 No. 20160724001035170, Land Records of Collin County, Texas and
653659 being more particularly described by metes and bounds as follows:
654660 BEGINNING at a mag nail set for corner at the northeast corner of
655661 tract 2 of said J T Nevill Partnership Tract, said nail being at the
656662 northwest corner of a tract conveyed to Shelly and Steve Sandler as
657663 recorded in Volume 4407, Page 3460, L.R.C.C.T., said nail being in
658664 County Road No. 135;
659665 THENCE S 00°00'31" E following the west line of said Sandler Tract
660666 passing at 30.32' a 1/2" iron rod found and continuing in all a
661667 distance of 2626.23' to a 1/2" iron rod found for corner in a east -
662668 west fence;
663669 THENCE N 89°21'18" W a distance of 145.24' to a 1/2" iron rod found
664670 for corner;
665671 THENCE S 89°59'08" W following the fence line a distance of 53.94' to
666672 a 1/2" iron rod found for corner;
667673 THENCE N 89°18'49" W following the fence line a distance of 54.06' to
668674 a 1/2" iron rod found for corner;
669675 THENCE N 89°53'42" W following the fence line a distance of 133.44'
670676 to a point for corner;
671677 THENCE N 88°47'48" W following the fence line a distance of 80.29' to
672678 a point for corner;
673679 THENCE S 87°22'47" W following the fence line a distance of 45.08' to
674680 a point for corner;
675681 THENCE N 88°24'04" W following the fence line a distance of 64.54' to
676682 a point for corner;
677683 THENCE S 88°35'18" W following the fence line a distance of 193.31'
678684 to a point for corner;
679685 THENCE N 87°28'55" W following the fence line a distance of 93.58' to
680686 a point for corner;
681687 THENCE S 89°28'12" W following the fence line a distance of 138.33'
682688 to a point for corner;
683689 THENCE S 89°59'56" W following the fence line a distance of 344.45'
684690 to a point for corner;
685691 THENCE S 88°43'28" W following the fence line a distance of 233.09'
686692 to a point for corner;
687693 THENCE S 89°12'29" W following the fence line a distance of 119.79'
688694 to a point for corner;
689695 THENCE N 89°33'37" W following the fence line a distance of 134.34'
690696 to a point for corner;
691697 THENCE N 89°19'16" W following the fence line a distance of 81.71' to
692698 a point for corner;
693699 THENCE N 86°52'17" W following the fence line a distance of 111.83'
694700 to a point for corner;
695701 THENCE S 87°26'57" W following the fence line a distance of 89.95' to
696702 a point for corner;
697703 THENCE S 86°33'46" W following the fence line passing at 57.06' a
698704 3/8" iron rod found for a reference corner and continuing in all a
699705 distance of 85.59' to a point for corner in Honey Creek Tributary
700706 14;
701707 THENCE following Honey Creek Tributary 14 the following calls:
702708 N 07°58'39" E a distance of 50.94' to a point for corner;
703709 NORTH a distance of 42.58' to a point for corner;
704710 N 10°22'08" W a distance of 56.70' to a point for corner;
705711 N 18°14'25" W a distance of 74.05' to a point for corner;
706712 N 51°50'02" W a distance of 84.87' to a point for corner;
707713 N 28°52'48" W a distance of 149.72' to a point for corner;
708714 N 07°11'54" E a distance of 56.80' to a point for corner;
709715 N 70°43'40" E a distance of 63.72' to a point for corner;
710716 S 75°56'12" E a distance of 44.41' to a point for corner;
711717 N 76°57'20" E a distance of 75.98' to a point for corner;
712718 N 49°49'38" E a distance of 111.08' to a point for corner;
713719 N 12°14'15" E a distance of 117.55' to a point for corner;
714720 N 45°42'04" E a distance of 83.67' to a point for corner;
715721 N 22°03'14" E a distance of 74.48' to a point for corner;
716722 N 08°50'37" W a distance of 181.62' to a point for corner;
717723 N 34°21'35" E a distance of 206.11' to a point for corner;
718724 N 26°50'13" E a distance of 113.87' to a point for corner;
719725 N 63°25'17" W a distance of 192.15' to a point for corner;
720726 N 70°59'23" E a distance of 171.94' to a point for corner;
721727 N 16°03'59" E a distance of 37.44' to a point for corner;
722728 N 15°59'17" W a distance of 45.18' to a point for corner;
723729 N 76°58'28" W a distance of 29.32' to a point for corner;
724730 N 25°52'50" W a distance of 297.74' to a point for corner;
725731 N 44°09'23" W a distance of 75.26' to a point for corner;
726732 N 23°29'30" W a distance of 56.72' to a point for corner;
727733 N 52°48'31" E a distance of 102.97' to a point for corner;
728734 N 24°49'05" E a distance of 131.62' to a point for corner;
729735 N 31°13'53" W a distance of 33.86' to a point for corner;
730736 S 70°02'51" W a distance of 36.94' to a point for corner;
731737 S 12°35'40" W a distance of 61.00' to a point for corner;
732738 S 82°34'47" W a distance of 38.69' to a point for corner;
733739 N 63°14'05" W a distance of 114.06' to a point for corner;
734740 N 38°50'14" E a distance of 80.45' to a point for corner;
735741 N 38°06'00" E a distance of 111.06' to a point for corner;
736742 N 05°07'50" E a distance of 108.27' to a point for corner;
737743 N 27°39'30" W a distance of 54.42' to a point for corner;
738744 N 46°56'20" W a distance of 104.90' to a point for corner;
739745 N 10°29'12" W a distance of 60.59' to a point for corner;
740746 N 30°18'05" W a distance of 50.06' to a point for corner;
741747 N 80°48'21" E a distance of 65.28' to a point for corner;
742748 N 54°32'37" E a distance of 74.36' to a point for corner;
743749 N 29°03'50" E a distance of 68.89' to a mag nail set for corner
744750 in County Road No. 135;
745751 THENCE S 89°57'36" E following County Road No. 135 a distance of
746752 1911.17' to a mag nail set for corner in County Road No. 135;
747753 THENCE N 89°34'27" E following County Road No. 135 a distance of
748754 98.28' to the POINT OF BEGINNING and containing 5,404,588 Square
749755 Feet or 124.072 Acres of land.
750756 Tract No. 4:
751757 BEING a 24.061 acre tract of land situated in the John H. Wilson
752758 Survey, Abstract No. 964 of Collin County, Texas and being all of
753759 the called 24.105 acre tract of land as conveyed in Affidavit of
754760 Heirship to Diana Jean Litchford Herrin in County Clerk
755761 No. 20180926001207030 of the Official Public Records of Collin
756762 County, Texas, being more particularly described by metes and
757763 bounds as follows:
758764 BEGINNING in County Road 138 at a Mag Nail set for the southeast
759765 earner of the called 24.105 acre tract and said Mag Nail being in
760766 the north line of a 30' public street dedication as shown on the
761767 Honey Creek Forms Addition, an addition to Collin County and
762768 recorded in Volume L, Page 409 of the Map or Plat Records of Collin
763769 County, Texas;
764770 THENCE S 89°10'25" W with the north line of the called 30' public
765771 street dedication a distance of 1232.77' to a point for comer in the
766772 center of a creek;
767773 THENCE the following calls with the meanderings of the creek;
768774 THENCE N 14°18'37" E a distance of 77.28' to a point for corner;
769775 THENCE N 42°49'4J" E a distance of 144.96' to a point for corner;
770776 THENCE N 52°39'36" E a distance of 80.85' to a point for corner:
771777 THENCE N 16"12'06" E a distance of 208.79' to a point for corner;
772778 THENCE N 09°34'50" E a distance of 379.02' to a point for corner;
773779 THENCE N 20°32'02" E a distance of 143.72' to a point for corner;
774780 THENCE N 06°40'20" E o distance of 110.84' to a point for corner in
775781 the south line of a called 90.931 acre tract of as conveyed to the
776782 Ronald McCutchin Family Partnership, LTD., in Volume 3258, Page 442
777783 of the Deed Records of GRAYSON County;
778784 THENCE N 88°29'25" E leaving the creek continuing down the south
779785 line of the called 90.931 acre tract and passing a 60D Nail at a
780786 distance of 74.60', and said 60D Nail being north 1.29' from a wire
781787 fence, and continuing for a total distance of 864.56' to an iron
782788 pipe found for the northwest corner of a called 10.001 acres of land
783789 of conveyed to Kelly M. Guest in Volume 6061, Page 1427 of the
784790 Official Public Records of Real Property of Coffin County, Texas;
785791 THENCE S 00°05'58" E with the west line of the said 10.001 acre tract
786792 a distance of 1054.14' to the POINT OF BEGINNING, and containing
787793 1,048,126 Square Feet or 24.062 Acres of land.
788794 Tract No. 5:
789795 BEING a tract of land situated in the Leonidas Wilson Survey,
790796 Abstract No. 974, Collin County, Texas and being all of a called
791797 75.335-acre tract of land described in a deed to E Real Estate, LLC,
792798 recorded in Instrument No. 20200212000196510, Official Public
793799 Records, Collin County, Texas, and being all of a called
794800 81.321-acre tract of land described in a deed to E Real Estate, LLC,
795801 recorded in Instrument No. 20200212000196520, said Official Public
796802 Records, and being more particularly described by metes and bounds
797803 as follows:
798804 BEGINNING at a 1/2-inch iron rod found for the southwest corner of
799805 said 81.321-acre tract, said iron rod being on the approximate
800806 centerline of County Road No. 136;
801807 THENCE North 0°37'09" West, along the westerly line of said
802808 81.321-acre tract and generally along the centerline of said County
803809 Road No. 136, a distance of 1267.90 feet to a 1/2-inch iron rod
804810 found for the northwest corner of said 81.321-acre tract, common to
805811 the southwest corner of said 75.335-acre tract;
806812 THENCE North 0°46'31" West, continuing generally along the
807813 centerline of said County Road No. 136 and along the westerly line
808814 of said 75.335-acre tract, a distance of 1136.92 feet to the
809815 northwest corner of said 75.335-acre tract, said corner being the
810816 intersection of the centerline of said County Road No. 136 and the
811817 centerline of County Road No. 138;
812818 THENCE North 89°07'35" East, along the northerly line of said
813819 75.335-acre tract and generally along the centerline of said County
814820 Road No. 138, a distance of 667.88 feet to a point for corner;
815821 THENCE North 88°36'18" East, continuing along the northerly line of
816822 said 75.335-acre tract and generally along the centerline of said
817823 County Road No. 138, a distance of 2155.33 feet to the northeast
818824 corner of said 75.335-acre tract;
819825 THENCE South 0°35'25" East, departing the centerline of said County
820826 Road No. 138 and along the easterly line of said 75.335-acre tract,
821827 a distance of 1188.27 feet to a 12-inch wood fence corner post found
822828 for the southeast corner of said 75.335-acre tract, common to the
823829 northeast corner of said 81.321-acre tract;
824830 THENCE South 1°05'41" West, along the easterly line of said
825831 81.321-acre tract, a distance of 1268.20 feet to a 1/2-inch iron rod
826832 found for the southeast corner of said 81.321-acre tract;
827833 THENCE South 89°46'15" West, along the southerly line of said
828834 81.321-acre tract, a distance of 2781.44 feet to the POINT OF
829835 BEGINNING and containing 156.654 acres (6,823,862 sq. ft.) of land,
830836 more or less.
831837 SECTION 3. (a) The legal notice of the intention to
832838 introduce this Act, setting forth the general substance of this
833839 Act, has been published as provided by law, and the notice and a
834840 copy of this Act have been furnished to all persons, agencies,
835841 officials, or entities to which they are required to be furnished
836842 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
837843 Government Code.
838844 (b) The governor, one of the required recipients, has
839845 submitted the notice and Act to the Texas Commission on
840846 Environmental Quality.
841847 (c) The Texas Commission on Environmental Quality has filed
842848 its recommendations relating to this Act with the governor, the
843849 lieutenant governor, and the speaker of the house of
844850 representatives within the required time.
845851 (d) All requirements of the constitution and laws of this
846852 state and the rules and procedures of the legislature with respect
847853 to the notice, introduction, and passage of this Act are fulfilled
848854 and accomplished.
849855 SECTION 4. (a) If this Act does not receive a two-thirds
850856 vote of all the members elected to each house, Subchapter C, Chapter
851857 7909, Special District Local Laws Code, as added by Section 1 of
852858 this Act, is amended by adding Section 7909.0307 to read as follows:
853859 Sec. 7909.0307. NO EMINENT DOMAIN POWER. The district may
854860 not exercise the power of eminent domain.
855861 (b) This section is not intended to be an expression of a
856862 legislative interpretation of the requirements of Section 17(c),
857863 Article I, Texas Constitution.
858864 SECTION 5. This Act takes effect immediately if it receives
859865 a vote of two-thirds of all the members elected to each house, as
860866 provided by Section 39, Article III, Texas Constitution. If this
861867 Act does not receive the vote necessary for immediate effect, this
862868 Act takes effect September 1, 2021.
863- ______________________________ ______________________________
864- President of the Senate Speaker of the House
865- I certify that H.B. No. 4626 was passed by the House on May 8,
866- 2021, by the following vote: Yeas 109, Nays 30, 2 present, not
867- voting.
868- ______________________________
869- Chief Clerk of the House
870- I certify that H.B. No. 4626 was passed by the Senate on May
871- 27, 2021, by the following vote: Yeas 30, Nays 1.
872- ______________________________
873- Secretary of the Senate
874- APPROVED: _____________________
875- Date
876- _____________________
877- Governor
869+ * * * * *