Texas 2021 - 87th Regular

Texas Senate Bill SB2248 Compare Versions

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11 87R13394 SGM-F
22 By: Springer S.B. No. 2248
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Mesquoakee Ranch Municipal Utility
88 District of Collin County; granting a limited power of eminent
99 domain; providing authority to issue bonds; providing authority to
1010 impose assessments, fees, and taxes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1313 Code, is amended by adding Chapter 7909 to read as follows:
1414 CHAPTER 7909. MESQUOAKEE RANCH MUNICIPAL UTILITY DISTRICT OF
1515 COLLIN COUNTY
1616 SUBCHAPTER A. GENERAL PROVISIONS
1717 Sec. 7909.0101. DEFINITIONS. In this chapter:
1818 (1) "Board" means the district's board of directors.
1919 (2) "Commission" means the Texas Commission on
2020 Environmental Quality.
2121 (3) "Director" means a board member.
2222 (4) "District" means the Mesquoakee Ranch Municipal
2323 Utility District of Collin County.
2424 Sec. 7909.0102. NATURE OF DISTRICT. The district is a
2525 municipal utility district created under Section 59, Article XVI,
2626 Texas Constitution.
2727 Sec. 7909.0103. CONFIRMATION AND DIRECTOR ELECTION
2828 REQUIRED. The temporary directors shall hold an election to
2929 confirm the creation of the district and to elect five permanent
3030 directors as provided by Section 49.102, Water Code.
3131 Sec. 7909.0104. CONDITIONS PRECEDENT TO CONFIRMATION
3232 ELECTION. (a) The temporary directors may not hold an election
3333 under Section 7909.0103 until:
3434 (1) each municipality in whose corporate limits or
3535 extraterritorial jurisdiction the district is located has
3636 consented by ordinance or resolution to the creation of the
3737 district and to the inclusion of land in the district; and
3838 (2) the district has entered into a contract with a
3939 municipality, Collin County, or another entity:
4040 (A) for adequate supplemental police, fire,
4141 emergency, and animal control services for the district; and
4242 (B) that is approved by the Commissioners Court
4343 of Collin County under Subsection (c).
4444 (b) A contract under Subsection (a) may include a provision
4545 that the contract takes effect only on the approval of the
4646 Commissioners Court of Collin County and the voters in the district
4747 voting in an election held for that purpose.
4848 (c) The Commissioners Court of Collin County shall review a
4949 contract under Subsection (a) and evaluate the supplemental police,
5050 fire, emergency, and animal control services provided in the
5151 contract. If the commissioners court determines that the contract
5252 provides adequate services, the commissioners court shall adopt a
5353 resolution stating that the contract has met the requirements of
5454 Subsection (a).
5555 Sec. 7909.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
5656 (a) The district is created to serve a public purpose and benefit.
5757 (b) The district is created to accomplish the purposes of:
5858 (1) a municipal utility district as provided by
5959 general law and Section 59, Article XVI, Texas Constitution; and
6060 (2) Section 52, Article III, Texas Constitution, that
6161 relate to the construction, acquisition, improvement, operation,
6262 or maintenance of macadamized, graveled, or paved roads, or
6363 improvements, including storm drainage, in aid of those roads.
6464 Sec. 7909.0106. INITIAL DISTRICT TERRITORY. (a) The
6565 district is initially composed of the territory described by
6666 Section 2 of the Act enacting this chapter.
6767 (b) The boundaries and field notes contained in Section 2 of
6868 the Act enacting this chapter form a closure. A mistake made in the
6969 field notes or in copying the field notes in the legislative process
7070 does not affect the district's:
7171 (1) organization, existence, or validity;
7272 (2) right to issue any type of bond for the purposes
7373 for which the district is created or to pay the principal of and
7474 interest on a bond;
7575 (3) right to impose a tax; or
7676 (4) legality or operation.
7777 SUBCHAPTER B. BOARD OF DIRECTORS
7878 Sec. 7909.0201. GOVERNING BODY; TERMS. (a) The district is
7979 governed by a board of five elected directors.
8080 (b) Except as provided by Section 7909.0202, directors
8181 serve staggered four-year terms.
8282 Sec. 7909.0202. TEMPORARY DIRECTORS. (a) On or after the
8383 effective date of the Act enacting this chapter, the owner or owners
8484 of a majority of the assessed value of the real property in the
8585 district may submit a petition to the commission requesting that
8686 the commission appoint as temporary directors the five persons
8787 named in the petition. The commission shall appoint as temporary
8888 directors the five persons named in the petition.
8989 (b) Temporary directors serve until the earlier of:
9090 (1) the date permanent directors are elected under
9191 Section 7909.0103; or
9292 (2) the fourth anniversary of the effective date of
9393 the Act enacting this chapter.
9494 (c) If permanent directors have not been elected under
9595 Section 7909.0103 and the terms of the temporary directors have
9696 expired, successor temporary directors shall be appointed or
9797 reappointed as provided by Subsection (d) to serve terms that
9898 expire on the earlier of:
9999 (1) the date permanent directors are elected under
100100 Section 7909.0103; or
101101 (2) the fourth anniversary of the date of the
102102 appointment or reappointment.
103103 (d) If Subsection (c) applies, the owner or owners of a
104104 majority of the assessed value of the real property in the district
105105 may submit a petition to the commission requesting that the
106106 commission appoint as successor temporary directors the five
107107 persons named in the petition. The commission shall appoint as
108108 successor temporary directors the five persons named in the
109109 petition.
110110 SUBCHAPTER C. POWERS AND DUTIES
111111 Sec. 7909.0301. GENERAL POWERS AND DUTIES. The district
112112 has the powers and duties necessary to accomplish the purposes for
113113 which the district is created.
114114 Sec. 7909.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
115115 DUTIES. The district has the powers and duties provided by the
116116 general law of this state, including Chapters 49 and 54, Water Code,
117117 applicable to municipal utility districts created under Section 59,
118118 Article XVI, Texas Constitution.
119119 Sec. 7909.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
120120 52, Article III, Texas Constitution, the district may design,
121121 acquire, construct, finance, issue bonds for, improve, operate,
122122 maintain, and convey to this state, a county, or a municipality for
123123 operation and maintenance macadamized, graveled, or paved roads, or
124124 improvements, including storm drainage, in aid of those roads.
125125 Sec. 7909.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
126126 road project must meet all applicable construction standards,
127127 zoning and subdivision requirements, and regulations of each
128128 municipality in whose corporate limits or extraterritorial
129129 jurisdiction the road project is located.
130130 (b) If a road project is not located in the corporate limits
131131 or extraterritorial jurisdiction of a municipality, the road
132132 project must meet all applicable construction standards,
133133 subdivision requirements, and regulations of each county in which
134134 the road project is located.
135135 (c) If the state will maintain and operate the road, the
136136 Texas Transportation Commission must approve the plans and
137137 specifications of the road project.
138138 Sec. 7909.0305. COMPLIANCE WITH MUNICIPAL CONSENT
139139 ORDINANCE OR RESOLUTION. The district shall comply with all
140140 applicable requirements of any ordinance or resolution that is
141141 adopted under Section 54.016 or 54.0165, Water Code, and that
142142 consents to the creation of the district or to the inclusion of land
143143 in the district.
144144 Sec. 7909.0306. DIVISION OF DISTRICT. (a) The district may
145145 be divided into two or more new districts only if the district:
146146 (1) has no outstanding bonded debt; and
147147 (2) is not imposing ad valorem taxes.
148148 (b) This chapter applies to any new district created by the
149149 division of the district, and a new district has all the powers and
150150 duties of the district.
151151 (c) A new district created by the division of the district
152152 may not, at the time the new district is created, contain any land
153153 outside the area described by Section 2 of the Act enacting this
154154 chapter.
155155 (d) The board, on its own motion or on receipt of a petition
156156 signed by the owner or owners of a majority of the assessed value of
157157 the real property in the district, may adopt an order dividing the
158158 district.
159159 (e) The board may adopt an order dividing the district
160160 before or after the date the board holds an election under Section
161161 7909.0103 to confirm the district's creation.
162162 (f) An order dividing the district shall:
163163 (1) name each new district;
164164 (2) include the metes and bounds description of the
165165 territory of each new district;
166166 (3) appoint temporary directors for each new district;
167167 and
168168 (4) provide for the division of assets and liabilities
169169 between the new districts.
170170 (g) On or before the 30th day after the date of adoption of
171171 an order dividing the district, the district shall file the order
172172 with the commission and record the order in the real property
173173 records of each county in which the district is located.
174174 (h) A new district created by the division of the district
175175 shall hold a confirmation and directors' election as required by
176176 Section 7909.0103. If the voters of a new district do not confirm
177177 the creation of the new district, the assets, obligations,
178178 territory, and governance of the new district revert to the
179179 original district.
180180 (i) If the creation of the new district is confirmed, the
181181 new district shall provide the election date and results to the
182182 commission.
183183 (j) Any new district created by the division of the district
184184 must hold an election as required by this chapter to obtain voter
185185 approval before the district may impose a maintenance tax or issue
186186 bonds payable wholly or partly from ad valorem taxes.
187187 (k) Municipal consent to the creation of the district and to
188188 the inclusion of land in the district granted under Section
189189 7909.0104 acts as municipal consent to the creation of any new
190190 district created by the division of the district and to the
191191 inclusion of land in the new district.
192192 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
193193 Sec. 7909.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
194194 The district may issue, without an election, bonds and other
195195 obligations secured by:
196196 (1) revenue other than ad valorem taxes; or
197197 (2) contract payments described by Section 7909.0403.
198198 (b) The district must hold an election in the manner
199199 provided by Chapters 49 and 54, Water Code, to obtain voter approval
200200 before the district may impose an ad valorem tax or issue bonds
201201 payable from ad valorem taxes.
202202 (c) The district may not issue bonds payable from ad valorem
203203 taxes to finance a road project unless the issuance is approved by a
204204 vote of a two-thirds majority of the district voters voting at an
205205 election held for that purpose.
206206 Sec. 7909.0402. OPERATION AND MAINTENANCE TAX. (a) If
207207 authorized at an election held under Section 7909.0401, the
208208 district may impose an operation and maintenance tax on taxable
209209 property in the district in accordance with Section 49.107, Water
210210 Code.
211211 (b) The board shall determine the tax rate. The rate may not
212212 exceed the rate approved at the election.
213213 Sec. 7909.0403. CONTRACT TAXES. (a) In accordance with
214214 Section 49.108, Water Code, the district may impose a tax other than
215215 an operation and maintenance tax and use the revenue derived from
216216 the tax to make payments under a contract after the provisions of
217217 the contract have been approved by a majority of the district voters
218218 voting at an election held for that purpose.
219219 (b) A contract approved by the district voters may contain a
220220 provision stating that the contract may be modified or amended by
221221 the board without further voter approval.
222222 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
223223 Sec. 7909.0501. AUTHORITY TO ISSUE BONDS AND OTHER
224224 OBLIGATIONS. The district may issue bonds or other obligations
225225 payable wholly or partly from ad valorem taxes, impact fees,
226226 revenue, contract payments, grants, or other district money, or any
227227 combination of those sources, to pay for any authorized district
228228 purpose.
229229 Sec. 7909.0502. TAXES FOR BONDS. At the time the district
230230 issues bonds payable wholly or partly from ad valorem taxes, the
231231 board shall provide for the annual imposition of a continuing
232232 direct ad valorem tax, without limit as to rate or amount, while all
233233 or part of the bonds are outstanding as required and in the manner
234234 provided by Sections 54.601 and 54.602, Water Code.
235235 Sec. 7909.0503. BONDS FOR ROAD PROJECTS. At the time of
236236 issuance, the total principal amount of bonds or other obligations
237237 issued or incurred to finance road projects and payable from ad
238238 valorem taxes may not exceed one-fourth of the assessed value of the
239239 real property in the district.
240240 SECTION 2. The Mesquoakee Ranch Municipal Utility District
241241 of Collin County initially includes all the territory contained in
242242 the following area:
243243 Tract 1:
244244 BEING a tract or parcel of land situated Collin County, Texas, being
245245 part of the John H. Wilson Survey, Abstract No. 964, being all of a
246246 53.98 (Tract One) acre tract of land, all of a 22.95 (Tract Two)
247247 acre tract of land and all of a 22.63 (Tract Three) acre tract of
248248 land as described in a Warranty Deed from Daniel D. Vick and wife,
249249 Aynja L. Vick to Mesquoakee Ranch, LLC as recorded in/under Clerk's
250250 File No. 20160321000332960 of Collin County, Texas, being all of a
251251 65.553 acre tract of land as described in a General Warranty Deed
252252 from William Brian Sanders, as Independent Executor of the Estate
253253 of James Blair Carter, Deceased to Mesquoakee Ranch, LLC as
254254 recorded in/under Clerk's File No. 20160406000409780 of Collin
255255 County, Texas, also being all of Lot 11 of HONEY CREEK FARMS
256256 ADDITION, an addition to Collin County, Texas, according to the
257257 Plat thereof recorded in Cabinet L on Slide 409 of the Map and Plat
258258 Records of Collin County, Texas and being further described as
259259 follows:
260260 BEGINNING at a 1/2 inch iron rod found for a corner at the southeast
261261 corner of said 22.63 acre tract in the center of Collin County Road
262262 No. 136, said Point of Beginning being at the existing northeast
263263 corner of a 562.084 acre tract as conveyed to Thomas and Nancy
264264 Carter as recorded in/under Clerk's File No. 20150827001083840 of
265265 Collin County, Texas;
266266 THENCE N 89°59'04" W (bearing basis) along a fence, the south line of
267267 said 22.63 acre tract and the north line of said 562.084 acre tract,
268268 a distance of 1799.06 feet to a fence post for a corner;
269269 THENCE S 88°19'11" W along a fence, the south line of said 22.63 acre
270270 tract and the north line of said 562.084 acre tract, a distance of
271271 500.00 feet to a fence post for a corner;
272272 THENCE N 89°23'27" W along a fence, the south line of said 22.63 acre
273273 tract and the north line of said 562.084 acre tract, a distance of
274274 677.32 feet to a 1/2 inch iron rod found for a corner at the
275275 southwest corner of said 22.63 acre tract;
276276 THENCE N 83°37'59" W along the north line of said 562.084 acre tract,
277277 a distance of 225.15 feet to a point on the east side of Honey Creek;
278278 THENCE S 88°28'30" W along the north line of said 562.084 acre tract,
279279 a distance of 152.23 feet to a point in the center of Honey Creek;
280280 THENCE in the Northerly direction, along the center of Honey Creek,
281281 the following calls:
282282 1.) N 14°49'31" E, 111.76 feet;
283283 2.) N 52°22'02" E, 98.25 feet;
284284 3.) N 01°09'41" E, 98.08 feet;
285285 4.) N 25°42'03" W, 98.28 feet;
286286 5.) N 89°43'02" W, 22.92 feet;
287287 6.) S 59°35'36" W, 95.25 feet;
288288 7.) N 80°45'20" W, 36.01 feet;
289289 8.) N 25°05'27" W, 39.32 feet;
290290 9.) N 16°39'50" E, 59.70 feet;
291291 10.) N 23°26'45" W, 20.94 feet;
292292 11.) N 89°43'02" W, 23.40 feet;
293293 12.) S 71°50'03" W, 81.49 feet;
294294 13.) N 69°48'51" W, 43.99 feet;
295295 THENCE N 47°48'39" W along the center of Honey Creek, a distance of
296296 33.34 feet to a point;
297297 THENCE S 89°48'00" W joining and along a fence and along the south
298298 line of said 65.554 acre tract, passing a fence post found at a
299299 distance of 184.21feet, in all a total distance of 1398.64 feet to a
300300 fence post for a corner at the southwest corner of said 65.554 acre
301301 tract;
302302 THENCE N 00°31'42" W along and leaving a fence and along the west
303303 line of said 65.554 acre tract, a distance of 2231.18 feet to a 1/2
304304 inch iron rod found for a corner at the northwest corner of said
305305 65.554 acre tract in the center of Collin County Road No. 138;
306306 THENCE N 88°29'17" E along the center of Collin County Road No. 138,
307307 a distance of 233.36 feet to a 1/2 inch iron rod found for a corner;
308308 THENCE S 85°49'50" E along the center of Collin County Road No. 138,
309309 a distance of 184.32 feet to a 1/2 inch iron rod found for a corner;
310310 THENCE S 63°59'10" E along the center of Collin County Road No. 138,
311311 a distance of 354.06 feet to a 1/2 inch iron rod found for a corner,
312312 said corner being at the existing southeast corner of a 24.432 acre
313313 tract as conveyed to Ronald McCutchin Family Partnership, LTD as
314314 recorded in Volume 5180 at Page 5070 of the Official Records of
315315 Collin County, Texas;
316316 THENCE S 19°34'21" W a distance of 80.01 feet to a point in the
317317 center of Honey Creek;
318318 THENCE in the Southerly direction, along the center of Honey Creek,
319319 the following calls:
320320 1.) S 06°43'24" W, 113.27 feet;
321321 2.) S 06°15'22" E, 77.67 feet;
322322 3.) S 33°46'10" E, 57.99 feet;
323323 4.) N 35°34'59" E, 62.25 feet;
324324 5.) N 58°23'22" E, 22.60 feet;
325325 6.) S 46°10'29" E, 80.83 feet;
326326 7.) S 05°27'00" W, 54.43 feet;
327327 8.) S 45°06'24" E, 63.56 feet;
328328 9.) S 18°44'24" E, 69.03 feet;
329329 10.) S 58°47'18" E, 32.12 feet;
330330 11.) N 52°41'40" E, 47.43 feet;
331331 12.) N 67°16'00" E, 75.64 feet;
332332 13.) N 35°12'35" E, 60.00 feet;
333333 14.) N 60°30'52" E, 50.37 feet;
334334 15.) S 72°32'58" E, 22.39 feet;
335335 16.) S 36°49'54" E, 71.23 feet;
336336 17.) S 41°02'59" W, 27.00 feet;
337337 18.) S 76°48'04" W, 52.67 feet;
338338 19.) S 44°55'45" E, 55.00 feet;
339339 20.) S 16°33'07" W, 57.34 feet;
340340 21.) S 31°52'47" E, 43.66 feet;
341341 22.) N 78°09'48" E, 22.33 feet;
342342 23.) S 51°54'16" E, 28.95 feet;
343343 24.) S 55°06'38" W, 50.32 feet;
344344 25.) S 11°16'44" W, 65.59 feet;
345345 26.) S 03°33'43" E, 78.65 feet;
346346 27.) S 59°24'41" W, 21.52 feet;
347347 28.) S 21°27'10" W, 31.72 feet;
348348 29.) S 34°45'44" E, 33.93 feet;
349349 30.) S 76°35'46" E, 21.83 feet;
350350 31.) N 71°41'53" E, 38.07 feet;
351351 32.) S 55°38'24" E, 24.27 feet;
352352 33.) S 11°12'23" E, 67.89 feet;
353353 34.) S 37°45'21" E, 95.42 feet;
354354 35.) S 84°27'23" E, 53.99 feet;
355355 36.) N 22°38'21" W, 81.34 feet;
356356 37.) N 58°35'43" E, 24.88 feet;
357357 38.) S 64°53'59" E, 66.17 feet;
358358 39.) S 86°23'33" E, 51.46 feet;
359359 40.) S 14°58'26" E, 50.55 feet;
360360 41.) S 57°10'26" W, 131.66 feet;
361361 42.) S 31°56'09" E, 31.26 feet;
362362 43.) S 69°56'55" E, 49.48 feet;
363363 44.) N 70°36'49" E, 61.47 feet;
364364 45.) N 26°59'04" E, 34.49 feet;
365365 46.) N 67°04'32" E, 74.68 feet;
366366 47.) S 77°08'16" E, 111.63 feet;
367367 48.) S 05°51'56" W, 28.26 feet;
368368 49.) S 50°41'16" W, 58.18 feet;
369369 50.) S 20°03'11" W, 35.47 feet;
370370 51.) S 37°26'50" W, 43.57 feet;
371371 THENCE S 05°14'31" E along the center of Honey Creek, a distance of
372372 42.60 feet to a point at the northwest corner of said 53.98 acre
373373 tract in the center of Honey Creek;
374374 THENCE N 89°55'48" E along the north line of said 53.98 acre tract, a
375375 distance of 145.50 feet to a 1/2 inch iron rod found for a corner;
376376 THENCE N 89°55'47" E along a fence and the north line of said 53.98
377377 acre tract, a distance of 2659.19 feet to a 1/2 inch iron rod found
378378 for a corner at the southwest corner of Lot 11;
379379 THENCE N 00°19'55" E along a fence and the west line of Lot 11, a
380380 distance of 359.41 feet to a fence post for a corner at the
381381 northwest corner of Lot 11;
382382 THENCE S 89°39'45" E along a fence and the north line of Lot 11, a
383383 distance of 604.28 feet to a 1/2 inch iron rod found at the
384384 northeast corner of Lot 11 on the west line of Collin County Road
385385 No. 136;
386386 THENCE S 00°18'53" W along a fence, the east line of Lot 11 and the
387387 west line of Collin County Road No. 136, a distance of 361.21 feet
388388 to a 1/2 inch iron rod found for a corner at the southeast corner of
389389 Lot 11;
390390 THENCE N 89°55'47" E along the north line of said 53.98 acre tract, a
391391 distance of 29.84 feet to a 1/2 inch iron rod set for a corner at the
392392 northeast corner of said 53.98 acre tract in the center of Collin
393393 County Road No. 136, said corner being at the existing northwest
394394 corner of an 81.321 acre tract as conveyed to Eland Energy, Inc. as
395395 recorded in/under Clerk's File No. 20141002001081560 of Collin
396396 County, Texas;
397397 THENCE S 00°17'17" W along the west line of said 81.321 acre tract
398398 and the center of Collin County Road No. 136, a distance of 1295.03
399399 feet returning to the Point of Beginning and containing 170.163
400400 acres of land.
401401 Tract 2:
402402 BEING a tract or parcel of land situated Collin County, Texas, being
403403 part of the L. Wilson Survey, Abstract No. 974, part of the Richard
404404 Phalen Survey, Abstract No. 693, part of the E. Rightman Survey,
405405 Abstract No. 750, part of the J.W.S. Butler Survey, Abstract
406406 No. 67, part of the A. Stapp Survey, Abstract No. 832, part of the
407407 T. Allen Survey, Abstract No. 13, part of the J.G. Douglas Survey,
408408 Abstract No. 263, part of the D. Douglas Survey, Abstract No. 264,
409409 part of the G. McPherson Survey, Abstract No. 574 and part of the
410410 R.B. Harris Survey, Abstract No. 410, being all of a 177.179 acre
411411 tract of land as described in a General Warranty Deed from Monetta
412412 Sample Owen, Donna Sue Whitworth, Tammy L. Shumway, Lauren B. Owen
413413 and Kevin Owen to Mesquoakee Ranch, LLC as recorded in/under
414414 Clerk's File No. 20160322000337270 of Collin County, Texas, being
415415 all of a 25.864 acre tract of land as described in a Warranty Deed
416416 from Michael P. Penick to Mesquoakee Ranch, LLC as recorded
417417 in/under Clerk's File No. 20160322000339650 of Collin County,
418418 Texas, being all of a 347.852 acre tract of land as described in a
419419 General Warranty Deed from William Brian Sanders, as Independent
420420 Executor of the Estate of James Blair Carter, Deceased to
421421 Mesquoakee Ranch, LLC as recorded in/under Clerk's File
422422 No. 20160406000409790 of Collin County, Texas, being all of a 6.000
423423 acre tract of land as described in a Warranty Deed from William A.
424424 Porter to Mesquoakee Ranch, LLC as recorded in/under Clerk's File
425425 No. 20160323000344750 of Collin County, Texas, also being all of a
426426 175.77 acre tract of land as described in a Special Warranty Deed
427427 from Charles E. Bray and wife, Nicki L. Bray to Mesquoakee Ranch,
428428 LLC as recorded in/under Clerk's File No. 20160226000226180 of
429429 Collin County, Texas and being further described as follows:
430430 BEGINNING at a 1/2 inch iron rod found for a corner at the northwest
431431 corner of said 347.852 acre tract in the center of Collin County
432432 Road No. 136, said Point of Beginning being at the existing
433433 northeast corner of a 562.084 acre tract as conveyed to Thomas and
434434 Nancy Carter as recorded in/under Clerk's File
435435 No. 20150827001083840 of Collin County, Texas, said Point of
436436 Beginning being further marked by a fence post on the east side of
437437 Collin County Road No. 136 bearing S 89°12'24" E at a distance of
438438 20.94 feet;
439439 THENCE S 89°12'24" E (bearing basis) joining and along a fence and
440440 along the north line of said 347.852 acre tract, a distance of
441441 2776.82 feet to a 1/2 inch iron rod found for a corner, said corner
442442 being at the existing southeast corner of an 81.321 acre tract as
443443 conveyed to Eland Energy, Inc as recorded in/under Clerk's File
444444 No. 20141002001081560 of Collin County, Texas, said corner also
445445 being at the existing southwest corner of a 57.804 acre tract as
446446 conveyed to Bangs Ranch, LLC as recorded in/under Clerk's File
447447 No. 20181019001305900 of Collin County, Texas;
448448 THENCE S 88°08'51" E along the south line of said 57.804 acre tract,
449449 a distance of 174.42 feet to a 1 inch pipe found for a corner in the
450450 center of a creek, said corner being at the existing northwest
451451 corner of a 53.698 acre tract as conveyed to Bangs Ranch, LLC as
452452 recorded in/under Clerk's File No. 20181228001571380 of the Land
453453 Records of Collin County, Texas;
454454 THENCE in the Southerly direction, along the center of a creek, the
455455 following calls:
456456 S 05°47'50" E, 30.74 feet;
457457 S 58°27'10" E, 75.42 feet;
458458 S 14°55'10" E, 71.99 feet;
459459 S 22°23'00" W, 38.23 feet;
460460 S 42°21'21" W, 45.46 feet;
461461 S 57°49'32" W, 54.36 feet;
462462 S 10°11'35" W, 163.22 feet;
463463 S 09°06'59" E, 33.18 feet;
464464 S 18°18'08" W, 24.12 feet;
465465 S 32°48'29' W, 45.63 feet;
466466 S 04°16'41" E, 20.12 feet;
467467 S 28°57'34" E, 39.65 feet;
468468 S 28°42'42" W, 52.09 feet;
469469 S 00°31'15" W, 11.19 feet;
470470 S 15°50'06" E, 43.08 feet;
471471 S 71°34'27" W, 60.70 feet;
472472 S 14°42'34" W, 35.31 feet;
473473 S 28°22'54" W, 52.33 feet;
474474 S 00°43'36" W, 44.08 feet;
475475 S 23°25'11" E, 29.95 feet;
476476 S 40°55'59" E, 25.86 feet;
477477 S 11°48'45" W, 121.21 feet;
478478 S 16°50'18" W, 64.29 feet;
479479 S 79°19'15" W, 33.46 feet;
480480 S 04°26'32" W, 18.60 feet;
481481 S 00°19'46" W, 45.83 feet;
482482 S 36°45'42" E, 51.55 feet;
483483 S 20°44'41" E, 49.73 feet;
484484 THENCE S 14°42'57" W along the center of said creek, a distance of
485485 43.49 feet point for a corner, said corner being further marked by a
486486 fence post found on the east side of said creek bearing N 89°34'07" E
487487 at a distance of 21.93 feet;
488488 THENCE N 89°34'07" E along a fence, a distance of 324.87 feet to a
489489 fence post for a corner;
490490 THENCE S 00°06'35" E along a fence, a distance of 291.49 feet to a
491491 1/2 inch iron rod found for a corner at the southwest corner of said
492492 53.698 acre tract;
493493 THENCE S 00°43'15" W along a fence, a distance of 536.56 feet to a
494494 1/2 inch iron rod found for a corner, said corner being at the
495495 existing southwest corner of a 61.380 acre tract as conveyed to
496496 Elizabeth Sample as recorded in Volume 6053 at Page 3713 of the
497497 Official Records of Collin County, Texas;
498498 THENCE S 89°46'12" E along the south line of said 61.380 acre tract,
499499 a distance of 2757.64 feet to a 1/2 inch iron rod found for a corner
500500 at the southeast corner of said 61.380 acre tract in the center of
501501 Collin County Road No. 1104;
502502 THENCE S 00°06'29" E along the center of Collin County Road
503503 No. 1104, a distance of 504.09 feet to a 1/2 inch iron rod found for
504504 a corner;
505505 THENCE S 51°43'17" E along the center of Collin County Road
506506 No. 1104, a distance of 128.98 feet to a 1/2 inch iron rod found for
507507 a corner;
508508 THENCE S 66°08'20" E along the center of Collin County Road
509509 No. 1104, a distance of 37.57 feet to a 1/2 inch iron rod set for a
510510 corner;
511511 THENCE S 43°23'25" E along the center of Collin County Road
512512 No. 1104, a distance of 69.91 feet to a 1/2 inch iron rod set for a
513513 corner;
514514 THENCE S 11°30'06" E along the center of Collin County Road
515515 No. 1104, a distance of 123.86 feet to a 1/2 inch iron rod set for a
516516 corner;
517517 THENCE S 00°12'25" E along the center of Collin County Road
518518 No. 1104, a distance of 467.62 feet to a 1/2 inch iron rod found for
519519 a corner, said corner being at the existing northwest corner of a
520520 31.734 acre tract as conveyed to Jack and Carol Haye as recorded in
521521 Volume 3903 at Page 2911 of the Official Records of Collin County,
522522 Texas;
523523 THENCE S 00°25'25" E along the center of Collin County Road
524524 No. 1104, a distance of 2044.49 feet to a 1/2 inch iron rod found
525525 for a corner, said corner being at the intersection of the center of
526526 Collin County Road No. 1104 and the center of Collin County Road
527527 No. 177, said corner also being at the existing southwest corner of
528528 a 15.000 acre tract as conveyed to Gary Cash as recorded in Volume
529529 5110 at Page 3331 of the Official Records of Collin County, Texas;
530530 THENCE S 89°22'27" E along the south line of said 15.000 acre tract
531531 and the center of Collin County Road No. 177, a distance of 154.25
532532 feet to a 1/2 inch iron rod set for a corner, said corner being at
533533 the existing northwest corner of a 19.000 acre tract as conveyed to
534534 Lkruse Properties, LLC as recorded in/under Clerk's File
535535 No. 20140917001009400 of Collin County, Texas, said corner also
536536 being at the intersection of the center of Collin County Road
537537 No. 177 and the center of Collin County Road No. 173;
538538 THENCE S 00°12'55" E along Collin County Road No. 173, a distance of
539539 2632.09 feet to a 1/2 inch iron rod found for a corner, said corner
540540 being at the existing southwest corner of a 30.000 acre tract as
541541 conveyed to Clyde and Barbara Butler, Jr. as recorded in/under
542542 Clerk's File No. 96-0012846 of Collin County, Texas;
543543 THENCE S 89°16'14" E along the south line of said 30.000 acre tract
544544 and the center of Collin County Road No. 173, a distance of 151.77
545545 feet to a 1/2 inch iron rod found for a corner, said corner being at
546546 the intersection of the Collin County Road No. 173 and the center of
547547 Collin County Road No. 174, said corner also being at the existing
548548 northwest corner of a 64.487 acre tract as conveyed to Rene and
549549 Sheryl Bates as recorded in/under Clerk's File
550550 No. 20120409000410660 of Collin County, Texas;
551551 THENCE S 00°02'01" E along the west line of said 64.487 acre tract
552552 and the center of Collin County Road No. 174, a distance of 2639.95
553553 feet to a 1/2 inch iron rod found for a corner at the southwest
554554 corner of said 64.487 acre tract, on the north line of Collin County
555555 Road No. 134;
556556 THENCE N 89°17'44" W along the south line of said 175.770 acre tract
557557 and the north line of Collin County Road No. 134, a distance of
558558 2527.62 feet to a 1/2 inch iron rod found for a corner at the
559559 southwest corner of said 175.770 acre tract;
560560 THENCE N 05°02'38" E a distance of 507.52 feet to a point in a pond,
561561 said corner being further marked by a 1/2 inch iron rod found
562562 bearing S 05°02'38" W at a distance of 67.01 feet;
563563 THENCE S 86°17'31" E a distance of 111.87 feet to a point;
564564 THENCE N 05°51'57" E a distance of 150.00 feet to a point;
565565 THENCE N 33°06'59" E a distance of 556.03 feet to a point;
566566 THENCE N 16°54'21" E a distance of 1583.98 feet to a fence post for a
567567 corner;
568568 THENCE S 89°15'12" E along a fence, a distance of 586.91 feet to a
569569 1/2 inch iron rod found for a corner, said corner being at the
570570 existing southeast corner of a 58.020 acre tract as conveyed to
571571 Chelly and Steve Sandler as recorded in Volume 4407 at Page 3460 of
572572 the Official Records of Collin County, Texas;
573573 THENCE N 00°12'54" W along the east line of said 58.020 acre tract, a
574574 distance of 2631.07 feet to a 1/2 inch iron rod set for a corner at
575575 the northeast corner of said 58.020 acre tract in the center of
576576 Collin County Road No. 135;
577577 THENCE N 89°22'27" W along the center of Collin County Road No. 135,
578578 a distance of 1031.23 feet to a 1/2 inch iron rod found for a corner;
579579 THENCE N 89°09'51" W along the center of Collin County Road No. 135,
580580 a distance of 1409.75 feet to a 1/2 inch iron rod found for a corner,
581581 said corner being at the existing southeast corner of a 6.000 acre
582582 tract as conveyed to Russell and Kayla Verden as recorded in/under
583583 Clerk's File No. 20150406000378640 of Collin County, Texas;
584584 THENCE N 00°39'02" E a distance of 626.13 feet to a 1/2 inch iron rod
585585 found for a corner;
586586 THENCE N 89°11'43" W a distance of 418.18 feet to a 1/2 inch iron rod
587587 found for a corner, said corner being at the existing northeast
588588 corner of a 6.000 acre tract as conveyed to Russell and Kayla Verden
589589 as recorded in/under Clerk's File No. 20130802001088960 of Collin
590590 County, Texas;
591591 THENCE N 89°11'46" W a distance of 419.87 feet to a 1/2 inch iron rod
592592 found for a corner, said corner being at the existing northeast
593593 corner of a 5.998 acre tract as conveyed to 4E Prosper, LLC as
594594 recorded in/under Clerk's File No. 20121005001267230 of Collin
595595 County, Texas;
596596 THENCE N 89°11'16" W along the north line of said 5.998 acre tract, a
597597 distance of 420.76 feet to a 1/2 inch iron rod found for a corner at
598598 the northwest corner of said 5.998 acre tract, said corner being at
599599 the existing northeast corner of a 6.000 acre tract as conveyed to
600600 Matthew and Laura Edgemon as recorded in/under Clerk's File
601601 No. 20061117001644590 of Collin County, Texas;
602602 THENCE N 89°11'43" W a distance of 420.15 feet to a 1/2 inch iron rod
603603 found for a corner, said corner being at the existing northeast
604604 corner of a 6.000 (Tract Three) acre tract as conveyed to LDJ
605605 Properties, LTD as recorded in/under Clerk's File
606606 No. 20060608000781540 of Collin County, Texas;
607607 THENCE N 89°11'41" W a distance of 420.93 feet to a 1/2 inch iron rod
608608 found for a corner, said corner being at the existing northeast
609609 corner of a 6.000 (Tract Two) acre tract as conveyed to LDJ
610610 Properties, LTD as recorded in/under Clerk's File
611611 No. 20060608000781540 of Collin County, Texas;
612612 THENCE N 89°11'44" W a distance of 421.28 feet to a 1/2 inch iron rod
613613 found for a corner at the northeast corner of subject 6.000 acre
614614 tract;
615615 THENCE S 00°39'02" W along the east line of subject 6.000 acre tract,
616616 a distance of 621.94 feet to a 1/2 inch iron rod found for a corner
617617 at the southeast corner of subject 6.000 acre tract in the center of
618618 Collin County Road No. 135;
619619 THENCE N 89°37'19" W along the south line of subject 6.000 acre tract
620620 and the center of Collin County Road No. 135, a distance of 400.52
621621 feet to a 1/2 inch iron rod found for a corner at the southwest
622622 corner of subject 6.000 acre tract, said corner being at the
623623 intersection of the center of Collin County Road No. 135 and the
624624 center of Collin County Road No. 136;
625625 THENCE N 02°46'14" W along the west line of subject 6.000 acre tract
626626 and the center of Collin County Road No. 136, a distance of 626.14
627627 feet to a 1/2 inch iron rod found for a corner at the northwest
628628 corner of subject 6.000 acre tract;
629629 THENCE N 04°05'44" W along the center of Collin County Road No. 136,
630630 a distance of 648.96 feet to a 1/2 inch iron rod found for a corner;
631631 THENCE N 00°14'21" W along the center of Collin County Road No. 136,
632632 a distance of 770.86 feet to a 1/2 inch iron rod found for a corner;
633633 THENCE N 07°32'51" E along the center of Collin County Road No. 136,
634634 a distance of 50.97 feet to a 1/2 inch iron rod found for a corner;
635635 THENCE N 20°00'19" E along the center of Collin County Road No. 136,
636636 a distance of 85.29 feet to a 1/2 inch iron rod found for a corner;
637637 THENCE N 02°31'13" E along the center of Collin County Road No. 136,
638638 a distance of 56.53 feet to a 1/2 inch iron rod found for a corner;
639639 THENCE N 00°13'08" E along the center of Collin County Road No. 136,
640640 a distance of 1035.95 feet to a 1/2 inch iron rod found for a corner;
641641 THENCE N 89°04'40" E a distance of 66.00 feet to a 1/2 inch iron rod
642642 found for a corner;
643643 THENCE N 00°23'55" W a distance of 241.11 feet to a 1/2 inch iron rod
644644 found for a corner;
645645 THENCE S 89°00'06" W a distance of 66.00 feet to a 1/2 inch iron rod
646646 found for a corner in the center of Collin County Road No. 136;
647647 THENCE N 00°05'18" E along the center of Collin County Road No. 136,
648648 a distance of 1791.04 feet returning to the Point of Beginning and
649649 containing 732.528 acres of land.
650650 Tract No. 3:
651651 BEING a tract of land situated in the Benjamin Haile Survey,
652652 Abstract No. 398. Collin County, Texas, and being all of three
653653 tracts conveyed to J T Nevill Partnership as recorded in Instrument
654654 No. 20160724001035170, Land Records of Collin County, Texas and
655655 being more particularly described by metes and bounds as follows:
656656 BEGINNING at a mag nail set for corner at the northeast corner of
657657 tract 2 of said J T Nevill Partnership Tract, said nail being at the
658658 northwest corner of a tract conveyed to Shelly and Steve Sandler as
659659 recorded in Volume 4407, Page 3460, L.R.C.C.T., said nail being in
660660 County Road No. 135;
661661 THENCE S 00°00'31" E following the west line of said Sandler Tract
662662 passing at 30.32' a 1/2" iron rod found and continuing in all a
663663 distance of 2626.23' to a 1/2" iron rod found for corner in a east -
664664 west fence;
665665 THENCE N 89°21'18" W a distance of 145.24' to a 1/2" iron rod found
666666 for corner;
667667 THENCE S 89°59'08" W following the fence line a distance of 53.94' to
668668 a 1/2" iron rod found for corner;
669669 THENCE N 89°18'49" W following the fence line a distance of 54.06' to
670670 a 1/2" iron rod found for corner;
671671 THENCE N 89°53'42" W following the fence line a distance of 133.44'
672672 to a point for corner;
673673 THENCE N 88°47'48" W following the fence line a distance of 80.29' to
674674 a point for corner;
675675 THENCE S 87°22'47" W following the fence line a distance of 45.08' to
676676 a point for corner;
677677 THENCE N 88°24'04" W following the fence line a distance of 64.54' to
678678 a point for corner;
679679 THENCE S 88°35'18" W following the fence line a distance of 193.31'
680680 to a point for corner;
681681 THENCE N 87°28'55" W following the fence line a distance of 93.58' to
682682 a point for corner;
683683 THENCE S 89°28'12" W following the fence line a distance of 138.33'
684684 to a point for corner;
685685 THENCE S 89°59'56" W following the fence line a distance of 344.45'
686686 to a point for corner;
687687 THENCE S 88°43'28" W following the fence line a distance of 233.09'
688688 to a point for corner;
689689 THENCE S 89°12'29" W following the fence line a distance of 119.79'
690690 to a point for corner;
691691 THENCE N 89°33'37" W following the fence line a distance of 134.34'
692692 to a point for corner;
693693 THENCE N 89°19'16" W following the fence line a distance of 81.71' to
694694 a point for corner;
695695 THENCE N 86°52'17" W following the fence line a distance of 111.83'
696696 to a point for corner;
697697 THENCE S 87°26'57" W following the fence line a distance of 89.95' to
698698 a point for corner;
699699 THENCE S 86°33'46" W following the fence line passing at 57.06' a
700700 3/8" iron rod found for a reference corner and continuing in all a
701701 distance of 85.59' to a point for corner in Honey Creek Tributary
702702 14;
703703 THENCE following Honey Creek Tributary 14 the following calls:
704704 N 07°58'39" E a distance of 50.94' to a point for corner;
705705 NORTH a distance of 42.58' to a point for corner;
706706 N 10°22'08" W a distance of 56.70' to a point for corner;
707707 N 18°14'25" W a distance of 74.05' to a point for corner;
708708 N 51°50'02" W a distance of 84.87' to a point for corner;
709709 N 28°52'48" W a distance of 149.72' to a point for corner;
710710 N 07°11'54" E a distance of 56.80' to a point for corner;
711711 N 70°43'40" E a distance of 63.72' to a point for corner;
712712 S 75°56'12" E a distance of 44.41' to a point for corner;
713713 N 76°57'20" E a distance of 75.98' to a point for corner;
714714 N 49°49'38" E a distance of 111.08' to a point for corner;
715715 N 12°14'15" E a distance of 117.55' to a point for corner;
716716 N 45°42'04" E a distance of 83.67' to a point for corner;
717717 N 22°03'14" E a distance of 74.48' to a point for corner;
718718 N 08°50'37" W a distance of 181.62' to a point for corner;
719719 N 34°21'35" E a distance of 206.11' to a point for corner;
720720 N 26°50'13" E a distance of 113.87' to a point for corner;
721721 N 63°25'17" W a distance of 192.15' to a point for corner;
722722 N 70°59'23" E a distance of 171.94' to a point for corner;
723723 N 16°03'59" E a distance of 37.44' to a point for corner;
724724 N 15°59'17" W a distance of 45.18' to a point for corner;
725725 N 76°58'28" W a distance of 29.32' to a point for corner;
726726 N 25°52'50" W a distance of 297.74' to a point for corner;
727727 N 44°09'23" W a distance of 75.26' to a point for corner;
728728 N 23°29'30" W a distance of 56.72' to a point for corner;
729729 N 52°48'31" E a distance of 102.97' to a point for corner;
730730 N 24°49'05" E a distance of 131.62' to a point for corner;
731731 N 31°13'53" W a distance of 33.86' to a point for corner;
732732 S 70°02'51" W a distance of 36.94' to a point for corner;
733733 S 12°35'40" W a distance of 61.00' to a point for corner;
734734 S 82°34'47" W a distance of 38.69' to a point for corner;
735735 N 63°14'05" W a distance of 114.06' to a point for corner;
736736 N 38°50'14" E a distance of 80.45' to a point for corner;
737737 N 38°06'00" E a distance of 111.06' to a point for corner;
738738 N 05°07'50" E a distance of 108.27' to a point for corner;
739739 N 27°39'30" W a distance of 54.42' to a point for corner;
740740 N 46°56'20" W a distance of 104.90' to a point for corner;
741741 N 10°29'12" W a distance of 60.59' to a point for corner;
742742 N 30°18'05" W a distance of 50.06' to a point for corner;
743743 N 80°48'21" E a distance of 65.28' to a point for corner;
744744 N 54°32'37" E a distance of 74.36' to a point for corner;
745745 N 29°03'50" E a distance of 68.89' to a mag nail set for corner
746746 in County Road No. 135;
747747 THENCE S 89°57'36" E following County Road No. 135 a distance of
748748 1911.17' to a mag nail set for corner in County Road No. 135;
749749 THENCE N 89°34'27" E following County Road No. 135 a distance of
750750 98.28' to the POINT OF BEGINNING and containing 5,404,588 Square
751751 Feet or 124.072 Acres of land.
752752 Tract No. 4:
753753 BEING a 24.061 acre tract of land situated in the John H. Wilson
754754 Survey, Abstract No. 964 of Collin County, Texas and being all of
755755 the called 24.105 acre tract of land as conveyed in Affidavit of
756756 Heirship to Diana Jean Litchford Herrin in County Clerk
757757 No. 20180926001207030 of the Official Public Records of Collin
758758 County, Texas, being more particularly described by metes and
759759 bounds as follows:
760760 BEGINNING in County Road 138 at a Mag Nail set for the southeast
761761 earner of the called 24.105 acre tract and said Mag Nail being in
762762 the north line of a 30' public street dedication as shown on the
763763 Honey Creek Forms Addition, an addition to Collin County and
764764 recorded in Volume L, Page 409 of the Map or Plat Records of Collin
765765 County, Texas;
766766 THENCE S 89°10'25" W with the north line of the called 30' public
767767 street dedication a distance of 1232.77' to a point for comer in the
768768 center of a creek;
769769 THENCE the following calls with the meanderings of the creek;
770770 THENCE N 14°18'37" E a distance of 77.28' to a point for corner;
771771 THENCE N 42°49'4J" E a distance of 144.96' to a point for corner;
772772 THENCE N 52°39'36" E a distance of 80.85' to a point for corner:
773773 THENCE N 16"12'06" E a distance of 208.79' to a point for corner;
774774 THENCE N 09°34'50" E a distance of 379.02' to a point for corner;
775775 THENCE N 20°32'02" E a distance of 143.72' to a point for corner;
776776 THENCE N 06°40'20" E o distance of 110.84' to a point for corner in
777777 the south line of a called 90.931 acre tract of as conveyed to the
778778 Ronald McCutchin Family Partnership, LTD., in Volume 3258, Page 442
779779 of the Deed Records of GRAYSON County;
780780 THENCE N 88°29'25" E leaving the creek continuing down the south
781781 line of the called 90.931 acre tract and passing a 60D Nail at a
782782 distance of 74.60', and said 60D Nail being north 1.29' from a wire
783783 fence, and continuing for a total distance of 864.56' to an iron
784784 pipe found for the northwest corner of a called 10.001 acres of land
785785 of conveyed to Kelly M. Guest in Volume 6061, Page 1427 of the
786786 Official Public Records of Real Property of Coffin County, Texas;
787787 THENCE S 00°05'58" E with the west line of the said 10.001 acre tract
788788 a distance of 1054.14' to the POINT OF BEGINNING, and containing
789789 1,048,126 Square Feet or 24.062 Acres of land.
790790 Tract No. 5:
791791 BEING a tract of land situated in the Leonidas Wilson Survey,
792792 Abstract No. 974, Collin County, Texas and being all of a called
793793 75.335-acre tract of land described in a deed to E Real Estate, LLC,
794794 recorded in Instrument No. 20200212000196510, Official Public
795795 Records, Collin County, Texas, and being all of a called
796796 81.321-acre tract of land described in a deed to E Real Estate, LLC,
797797 recorded in Instrument No. 20200212000196520, said Official Public
798798 Records, and being more particularly described by metes and bounds
799799 as follows:
800800 BEGINNING at a 1/2-inch iron rod found for the southwest corner of
801801 said 81.321-acre tract, said iron rod being on the approximate
802802 centerline of County Road No. 136;
803803 THENCE North 0°37'09" West, along the westerly line of said
804804 81.321-acre tract and generally along the centerline of said County
805805 Road No. 136, a distance of 1267.90 feet to a 1/2-inch iron rod
806806 found for the northwest corner of said 81.321-acre tract, common to
807807 the southwest corner of said 75.335-acre tract;
808808 THENCE North 0°46'31" West, continuing generally along the
809809 centerline of said County Road No. 136 and along the westerly line
810810 of said 75.335-acre tract, a distance of 1136.92 feet to the
811811 northwest corner of said 75.335-acre tract, said corner being the
812812 intersection of the centerline of said County Road No. 136 and the
813813 centerline of County Road No. 138;
814814 THENCE North 89°07'35" East, along the northerly line of said
815815 75.335-acre tract and generally along the centerline of said County
816816 Road No. 138, a distance of 667.88 feet to a point for corner;
817817 THENCE North 88°36'18" East, continuing along the northerly line of
818818 said 75.335-acre tract and generally along the centerline of said
819819 County Road No. 138, a distance of 2155.33 feet to the northeast
820820 corner of said 75.335-acre tract;
821821 THENCE South 0°35'25" East, departing the centerline of said County
822822 Road No. 138 and along the easterly line of said 75.335-acre tract,
823823 a distance of 1188.27 feet to a 12-inch wood fence corner post found
824824 for the southeast corner of said 75.335-acre tract, common to the
825825 northeast corner of said 81.321-acre tract;
826826 THENCE South 1°05'41" West, along the easterly line of said
827827 81.321-acre tract, a distance of 1268.20 feet to a 1/2-inch iron rod
828828 found for the southeast corner of said 81.321-acre tract;
829829 THENCE South 89°46'15" West, along the southerly line of said
830830 81.321-acre tract, a distance of 2781.44 feet to the POINT OF
831831 BEGINNING and containing 156.654 acres (6,823,862 sq. ft.) of land,
832832 more or less.
833833 SECTION 3. (a) The legal notice of the intention to
834834 introduce this Act, setting forth the general substance of this
835835 Act, has been published as provided by law, and the notice and a
836836 copy of this Act have been furnished to all persons, agencies,
837837 officials, or entities to which they are required to be furnished
838838 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
839839 Government Code.
840840 (b) The governor, one of the required recipients, has
841841 submitted the notice and Act to the Texas Commission on
842842 Environmental Quality.
843843 (c) The Texas Commission on Environmental Quality has filed
844844 its recommendations relating to this Act with the governor, the
845845 lieutenant governor, and the speaker of the house of
846846 representatives within the required time.
847847 (d) All requirements of the constitution and laws of this
848848 state and the rules and procedures of the legislature with respect
849849 to the notice, introduction, and passage of this Act are fulfilled
850850 and accomplished.
851851 SECTION 4. (a) If this Act does not receive a two-thirds
852852 vote of all the members elected to each house, Subchapter C, Chapter
853853 7909, Special District Local Laws Code, as added by Section 1 of
854854 this Act, is amended by adding Section 7909.0307 to read as follows:
855855 Sec. 7909.0307. NO EMINENT DOMAIN POWER. The district may
856856 not exercise the power of eminent domain.
857857 (b) This section is not intended to be an expression of a
858858 legislative interpretation of the requirements of Section 17(c),
859859 Article I, Texas Constitution.
860860 SECTION 5. This Act takes effect immediately if it receives
861861 a vote of two-thirds of all the members elected to each house, as
862862 provided by Section 39, Article III, Texas Constitution. If this
863863 Act does not receive the vote necessary for immediate effect, this
864864 Act takes effect September 1, 2021.