Texas 2021 - 87th Regular

Texas Senate Bill SB2249 Compare Versions

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11 87R9546 SGM-F
22 By: Springer S.B. No. 2249
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Uptown Municipal Utility District
88 No. 1 of Collin County; granting a limited power of eminent domain;
99 providing authority to issue bonds; providing authority to impose
1010 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 7909A to read as follows:
1414 CHAPTER 7909A. UPTOWN MUNICIPAL UTILITY DISTRICT NO. 1 OF COLLIN
1515 COUNTY
1616 SUBCHAPTER A. GENERAL PROVISIONS
1717 Sec. 7909A.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 Uptown Municipal Utility
2323 District No. 1 of Collin County.
2424 Sec. 7909A.0102. NATURE OF DISTRICT. The district is a
2525 municipal utility district created under Section 59, Article XVI,
2626 Texas Constitution.
2727 Sec. 7909A.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. 7909A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3232 temporary directors may not hold an election under Section
3333 7909A.0103 until each municipality in whose corporate limits or
3434 extraterritorial jurisdiction the district is located has
3535 consented by ordinance or resolution to the creation of the
3636 district and to the inclusion of land in the district.
3737 Sec. 7909A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3838 (a) The district is created to serve a public purpose and benefit.
3939 (b) The district is created to accomplish the purposes of:
4040 (1) a municipal utility district as provided by
4141 general law and Section 59, Article XVI, Texas Constitution; and
4242 (2) Section 52, Article III, Texas Constitution, that
4343 relate to the construction, acquisition, improvement, operation,
4444 or maintenance of macadamized, graveled, or paved roads, or
4545 improvements, including storm drainage, in aid of those roads.
4646 Sec. 7909A.0106. INITIAL DISTRICT TERRITORY. (a) The
4747 district is initially composed of the territory described by
4848 Section 2 of the Act enacting this chapter.
4949 (b) The boundaries and field notes contained in Section 2 of
5050 the Act enacting this chapter form a closure. A mistake made in the
5151 field notes or in copying the field notes in the legislative process
5252 does not affect the district's:
5353 (1) organization, existence, or validity;
5454 (2) right to issue any type of bond for the purposes
5555 for which the district is created or to pay the principal of and
5656 interest on a bond;
5757 (3) right to impose a tax; or
5858 (4) legality or operation.
5959 SUBCHAPTER B. BOARD OF DIRECTORS
6060 Sec. 7909A.0201. GOVERNING BODY; TERMS. (a) The district
6161 is governed by a board of five elected directors.
6262 (b) Except as provided by Section 7909A.0202, directors
6363 serve staggered four-year terms.
6464 Sec. 7909A.0202. TEMPORARY DIRECTORS. (a) The temporary
6565 board consists of:
6666 (1) Caleb Lavey;
6767 (2) Cole Talley;
6868 (3) Luke Brown;
6969 (4) Zack Schneider; and
7070 (5) Ben Hangartner.
7171 (b) Temporary directors serve until the earlier of:
7272 (1) the date permanent directors are elected under
7373 Section 7909A.0103; or
7474 (2) the fourth anniversary of the effective date of
7575 the Act enacting this chapter.
7676 (c) If permanent directors have not been elected under
7777 Section 7909A.0103 and the terms of the temporary directors have
7878 expired, successor temporary directors shall be appointed or
7979 reappointed as provided by Subsection (d) to serve terms that
8080 expire on the earlier of:
8181 (1) the date permanent directors are elected under
8282 Section 7909A.0103; or
8383 (2) the fourth anniversary of the date of the
8484 appointment or reappointment.
8585 (d) If Subsection (c) applies, the owner or owners of a
8686 majority of the assessed value of the real property in the district
8787 may submit a petition to the commission requesting that the
8888 commission appoint as successor temporary directors the five
8989 persons named in the petition. The commission shall appoint as
9090 successor temporary directors the five persons named in the
9191 petition.
9292 SUBCHAPTER C. POWERS AND DUTIES
9393 Sec. 7909A.0301. GENERAL POWERS AND DUTIES. The district
9494 has the powers and duties necessary to accomplish the purposes for
9595 which the district is created.
9696 Sec. 7909A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9797 DUTIES. The district has the powers and duties provided by the
9898 general law of this state, including Chapters 49 and 54, Water Code,
9999 applicable to municipal utility districts created under Section 59,
100100 Article XVI, Texas Constitution.
101101 Sec. 7909A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102102 Section 52, Article III, Texas Constitution, the district may
103103 design, acquire, construct, finance, issue bonds for, improve,
104104 operate, maintain, and convey to this state, a county, or a
105105 municipality for operation and maintenance macadamized, graveled,
106106 or paved roads, or improvements, including storm drainage, in aid
107107 of those roads.
108108 Sec. 7909A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109109 road project must meet all applicable construction standards,
110110 zoning and subdivision requirements, and regulations of each
111111 municipality in whose corporate limits or extraterritorial
112112 jurisdiction the road project is located.
113113 (b) If a road project is not located in the corporate limits
114114 or extraterritorial jurisdiction of a municipality, the road
115115 project must meet all applicable construction standards,
116116 subdivision requirements, and regulations of each county in which
117117 the road project is located.
118118 (c) If the state will maintain and operate the road, the
119119 Texas Transportation Commission must approve the plans and
120120 specifications of the road project.
121121 Sec. 7909A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122122 ORDINANCE OR RESOLUTION. The district shall comply with all
123123 applicable requirements of any ordinance or resolution that is
124124 adopted under Section 54.016 or 54.0165, Water Code, and that
125125 consents to the creation of the district or to the inclusion of land
126126 in the district.
127127 Sec. 7909A.0306. DIVISION OF DISTRICT. (a) The district
128128 may be divided into two or more new districts only if the district:
129129 (1) has no outstanding bonded debt; and
130130 (2) is not imposing ad valorem taxes.
131131 (b) This chapter applies to any new district created by
132132 division of the district, and a new district has all the powers and
133133 duties of the district.
134134 (c) A new district created by the division of the district
135135 may not, at the time the new district is created, contain any land
136136 outside the area described by Section 2 of the Act enacting this
137137 chapter.
138138 (d) The board, on its own motion or on receipt of a petition
139139 signed by the owner or owners of a majority of the assessed value of
140140 the real property in the district, may adopt an order dividing the
141141 district.
142142 (e) The board may adopt an order dividing the district
143143 before or after the date the board holds an election under Section
144144 7909A.0103 to confirm the district's creation.
145145 (f) An order dividing the district shall:
146146 (1) name each new district;
147147 (2) include the metes and bounds description of the
148148 territory of each new district;
149149 (3) appoint temporary directors for each new district;
150150 and
151151 (4) provide for the division of assets and liabilities
152152 between the new districts.
153153 (g) On or before the 30th day after the date of adoption of
154154 an order dividing the district, the district shall file the order
155155 with the commission and record the order in the real property
156156 records of each county in which the district is located.
157157 (h) Any new district created by the division of the district
158158 shall hold a confirmation and directors' election as required by
159159 Section 7909A.0103. If the voters of a new district do not confirm
160160 the creation of the new district, the assets, obligations,
161161 territory, and governance of the new district revert to the
162162 original district.
163163 (i) Municipal consent to the creation of the district and to
164164 the inclusion of land in the district granted under Section
165165 7909A.0104 acts as municipal consent to the creation of any new
166166 district created by the division of the district and to the
167167 inclusion of land in the new district.
168168 (j) Any new district created by the division of the district
169169 must hold an election as required by this chapter to obtain voter
170170 approval before the district may impose a maintenance tax or issue
171171 bonds payable wholly or partly from ad valorem taxes.
172172 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173173 Sec. 7909A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
174174 The district may issue, without an election, bonds and other
175175 obligations secured by:
176176 (1) revenue other than ad valorem taxes; or
177177 (2) contract payments described by Section
178178 7909A.0403.
179179 (b) The district must hold an election in the manner
180180 provided by Chapters 49 and 54, Water Code, to obtain voter approval
181181 before the district may impose an ad valorem tax or issue bonds
182182 payable from ad valorem taxes.
183183 (c) The district may not issue bonds payable from ad valorem
184184 taxes to finance a road project unless the issuance is approved by a
185185 vote of a two-thirds majority of the district voters voting at an
186186 election held for that purpose.
187187 Sec. 7909A.0402. OPERATION AND MAINTENANCE TAX. (a) If
188188 authorized at an election held under Section 7909A.0401, the
189189 district may impose an operation and maintenance tax on taxable
190190 property in the district in accordance with Section 49.107, Water
191191 Code.
192192 (b) The board shall determine the tax rate. The rate may not
193193 exceed the rate approved at the election.
194194 Sec. 7909A.0403. CONTRACT TAXES. (a) In accordance with
195195 Section 49.108, Water Code, the district may impose a tax other than
196196 an operation and maintenance tax and use the revenue derived from
197197 the tax to make payments under a contract after the provisions of
198198 the contract have been approved by a majority of the district voters
199199 voting at an election held for that purpose.
200200 (b) A contract approved by the district voters may contain a
201201 provision stating that the contract may be modified or amended by
202202 the board without further voter approval.
203203 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
204204 Sec. 7909A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
205205 OBLIGATIONS. The district may issue bonds or other obligations
206206 payable wholly or partly from ad valorem taxes, impact fees,
207207 revenue, contract payments, grants, or other district money, or any
208208 combination of those sources, to pay for any authorized district
209209 purpose.
210210 Sec. 7909A.0502. TAXES FOR BONDS. At the time the district
211211 issues bonds payable wholly or partly from ad valorem taxes, the
212212 board shall provide for the annual imposition of a continuing
213213 direct ad valorem tax, without limit as to rate or amount, while all
214214 or part of the bonds are outstanding as required and in the manner
215215 provided by Sections 54.601 and 54.602, Water Code.
216216 Sec. 7909A.0503. BONDS FOR ROAD PROJECTS. At the time of
217217 issuance, the total principal amount of bonds or other obligations
218218 issued or incurred to finance road projects and payable from ad
219219 valorem taxes may not exceed one-fourth of the assessed value of the
220220 real property in the district.
221221 SECTION 2. The Uptown Municipal Utility District No. 1 of
222222 Collin County initially includes all the territory contained in the
223223 following area:
224224 Kiran Tract - 49.594 acres:
225225 BEING A TRACT OF LAND LOCATED IN THE HENRY BENTLEY SURVEY, ABSTRACT
226226 NO. 124 AND THE BENJAMIN BREWTON SURVEY, ABSTRACT NO. 125, COLLIN
227227 COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND DESCRIBED IN DEED TO
228228 MATTHEW D. KIRAN, RECORDED IN INSTRUMENT NO. 20070418000520430,
229229 OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS (O.P.R.C.C.T.) AND
230230 ALL OF A TRACT OF LAND DESCRIBED IN DEED TO MATTHEW DILLON KIRAN,
231231 RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T. AND
232232 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
233233 BEGINNING AT A 1/2-INCH IRON ROD FOUND IN THE EAST RIGHT-OF-WAY LINE
234234 OF FARM-TO-MARKET ROAD 455, A 90-FOOT RIGHT-OF-WAY, AT THE WEST
235235 COMMON CORNER OF SAID KIRAN TRACT AND A TRACT OF LAND DESCRIBED IN
236236 DEED TO MARK A. JOHNSON, RECORDED IN VOLUME 5038, PAGE 7629, DEED
237237 RECORDS, COLLIN COUNTY, TEXAS;
238238 THENCE NORTH 00°45'03" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A
239239 DISTANCE OF 831.92 FEET TO A 5/8-INCH IRON WITH A YELLOW CAP STAMPED
240240 "RPLS 5674" SET AT THE WEST COMMON CORNER OF SAID KIRAN TRACT AND A
241241 TRACT OF LAND DESCRIBED IN DEED TO MOODY RHINOCEROS, LLC, RECORDED
242242 IN INSTRUMENT NO. 20140606000572850, O.P.R.C.C.T.;
243243 THENCE NORTH 89°16'45" EAST, ALONG THE COMMON LINE OF SAID KIRAN
244244 TRACT AND SAID MOODY RHINOCEROS TRACT, A DISTANCE OF 1,315.87 FEET
245245 TO A 5/8-INCH IRON WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR
246246 CORNER;
247247 THENCE NORTH 89°21'36" EAST, CONTINUING ALONG SAID COMMON LINE, A
248248 DISTANCE OF 1,299.36 FEET TO A 1/2-INCH IRON ROD FOUND IN THE WEST
249249 LINE OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA
250250 STELZER, CO-TRUSTEES OF THE STELZER REVOCABLE TRUST TRACT, RECORDED
251251 IN INSTRUMENT NO. 20141006001089690, O.P.R.C.C.T., AT THE EAST
252252 COMMON CORNER OF SAID KIRAN TRACT AND SAID MOODY RHINOCEROS TRACT;
253253 THENCE SOUTH 00°42'34" EAST, ALONG THE COMMON LINE OF SAID KIRAN
254254 TRACTS AND STAID STELZER TRACT, A DISTANCE OF 831.54 FEET TO A
255255 1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID KIRAN
256256 TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO JOE E. HACKNEY AND
257257 WIFE, HAZEL M. HACKNEY, RECORDED IN INSTRUMENT NO. 96-0063441,
258258 O.P.R.C.C.T.;
259259 THENCE SOUTH 89°19'06" WEST, ALONG THE COMMON LINE OF SAID KIRAN
260260 TRACT AND SAID HACKNEY TRACT, A DISTANCE OF 900.24 FEET TO A
261261 3/8-INCH IRON ROD FOUND AT THE NORTH COMMON CORNER OF SAID HACKNEY
262262 TRACT AND SAID JOHNSON TRACT;
263263 THENCE SOUTH 89°18'26" WEST, ALONG THE COMMON LINE OF SAID KIRAN
264264 TRACT AND SAID JOHNSON TRACT, A DISTANCE OF 1,714.40 FEET TO THE
265265 POINT OF BEGINNING AND CONTAINING 2,175,983 SQUARE FEET OR 49.954
266266 ACRES OF LAND, MORE OR LESS.
267267 Crown Tract - 143 acres:
268268 All that certain 143.93 acre tract or parcel of land situated in the
269269 Collin County School Land Survey, Abstract Number 168, Thomas
270270 Stayton Survey, Abstract Number 804 and the Henry Bentley Survey,
271271 Abstract Number 124, County of Collin, State of Texas, said tract
272272 being part of a called 26.030 acre tract as described in deed to
273273 Crown S. Ltd., filed 14 December 2001, and recorded in volume 5066
274274 page 4447 of the Official Public Records of said Collin County,
275275 Texas, and said tract being part of Exhibit A, a called 193.825 acre
276276 tract as described in deed to Crown S. Ltd., filed 31 July 1997, and
277277 recorded in volume 3966 page 2598 of said official public records,
278278 and being more particularly described as follows;
279279 COMMENCING at a found iron rod by a pipe fence corner post, said rod
280280 being the southwest corner of said Exhibit A, same being the
281281 northwest corner of a called 35.286 acre tract as described in deed
282282 to Sutton Field Investments, LLC, filed 10 February 2015, and
283283 recorded in Collin County Clerks #D20150210000147450 of said
284284 official public records, and said rod being on the east line of
285285 Tract One a called 14.88 acre tract as described in deed to Dwight
286286 Shewchuck et ux, Rebecca Shewchuk, 26 June 1998, and recorded in
287287 Collin County Clerks #D98-0067003 of said official public records,
288288 said rod also having NAD83 NCTZ grid coordinates of N-7169022.23,
289289 E-2482005.62
290290 THENCE: North 00 degrees 30 minutes 58 seconds West, with the west
291291 line of said Exhibit A, and with the east line of said Shewchuk
292292 tract, a distance of 852.21 feet a set 1/2 inch rebar for the POINT
293293 OF BEGINNING and being the southwest corner of the tract being
294294 described herein:
295295 THENCE: North 00 degrees 30 minutes 58 seconds West, with the west
296296 line of said Exhibit A, and generally along and near a barbed wire
297297 fence, a distance of 690.83 feet to a found iron rod by a wood fence
298298 corner post for an angle point in the west line of said Exhibit A,
299299 same being the northeast corner of a called 10.253 acre tract as
300300 described in deed to Jimmy D. Bennett and Katheleen J. Bennett,
301301 filed 06 May 1997, and recorded in Collin County Clerks
302302 #D97-0035479 of said official public records, same being the
303303 southeast corner of Tract II, a called 7.605 acre tract as described
304304 in deed to Glenn E. Hansen, filed 15 May 2008, and recorded in
305305 Collin County Clerks #D20080515000592770 of said official public
306306 records;
307307 THENCE: North 00 degrees 32 minutes 00 seconds West, with the west
308308 line of said Exhibit A, and generally along and near a barbed wire
309309 fence, a distance of 1734.10 feet to a found 5/8 inch rebar by a pipe
310310 fence corner post for the northwest corner of said Exhibit A, same
311311 being the occupied southwest corner of said 26.030 acre tract, and
312312 said rebar being the northeast corner of a called 7.004 acre tract
313313 as described in deed to Greg Mims and Pam Mims, filed 04 June 2015,
314314 and recorded in Collin County Clerks #D20150604000659940 of said
315315 official public records, same being the southeast corner of a
316316 called 10.012 acre tract as described in deed to W. G. Cullum &
317317 Company Ltd. filed 15 December 2015, and recorded in Collin County
318318 Clerks #D20151215001560240 of said official public records;
319319 THENCE: North 00 degrees 31 minutes 54 seconds East, with the west
320320 line of said 26.030 acre tract, and generally along and near a
321321 barbed wire fence, a distance of 439.87 feet to a found capped iron
322322 rod by a pipe fence corner post for the northwest corner of said
323323 26.030 acre tract, same being the southwest corner of a called
324324 16.090 acre tract as described in deed to Scot H. Mcdonald et ux,
325325 Jill C. McDonald, filed 14 December 2001, and recorded in Collin
326326 County Clerks #D2001-0161490 of said official public records;
327327 THENCE: North 88 degrees 46 minutes 33 seconds East, with the north
328328 line of said 26.030 acre tract, and with a barbed wire fence, and
329329 passing at 2595.47 feet a pipe fence corner post on the west side of
330330 Farm to Market Road Number 455, and continuing on said course a
331331 total distance of 2597.47 feet to a found capped iron rod with a
332332 plastic cap marked RPLS 1849 on the west right of way tine of said
333333 road for the northeast corner of this tract, same being the
334334 northeast corner of said 26.030 acre tract, and said rod being the
335335 southeast corner of a called 10.037 acre tract as described in deed
336336 to Raju Gadirajy and Feng-Tzu Tsai, filed 14 June 2004, and recorded
337337 in Collin County Clerks #D2004-0086243 of said official public
338338 records;
339339 THENCE: South 00 degrees 14 minutes 10 seconds East, with the west
340340 line of said road, a distance of 417.70 feet to a set 1/2 inch rebar
341341 for a corner of this tract;
342342 THENCE: South 88 degrees 50 minutes 08 seconds West, and passing at
343343 450.61 feet a set 1/2 inch rebar, and continuing on said course a
344344 total distance of 633.56 feet to a set 1/2 inch rebar for an ell
345345 corner of this tract;
346346 THENCE: South 00 degrees 44 minutes 17 seconds East, a distance of
347347 817.09 feet to a set 1/2 inch rebar for an ell corner of this tract;
348348 THENCE: South 88 degrees 45 minutes 36 seconds East, and passing at
349349 120.6 feet a set 1/2 inch rebar, and continuing on said course, and
350350 passing at 140.6 feet a pipe fence corner post, and continuing on
351351 said course with a pipe fence, and passing at 631.77 feet a pipe
352352 fence corner post on the west side of said road, and continuing on
353353 said course a total distance of 633.07 feet to a set 1/2 inch rebar
354354 on the west right of way line of said road for a corner of this
355355 tract;
356356 THENCE: South 00 degrees 44 minutes 17 seconds East, with the west
357357 line of said road, a distance of 719.40 feet to a found concrete
358358 highway monument for a corner of this tract, said monument being the
359359 north corner of a called 0.5112 acre tract as described in deed to
360360 State of Texas, filed 03 April 2017, and recorded in Collin County
361361 Clerks #D2017043000416890 of said official public records;
362362 THENCE: South 06 degrees 53 minutes 35 seconds West, with the west
363363 line of said road, and with the west line of said State of Texas
364364 tract, a distance of 55.53 feet to a set 1/2 inch rebar for the most
365365 easterly southeast corner of this tract, from said rebar a found
366366 capped iron rod bears North 89 degrees 59 minutes 15 seconds East, a
367367 distance of 7.4 feet;
368368 THENCE: North 89 degrees 46 minutes 54 seconds West, and passing at
369369 0.9 feet a pipe fence corner post, and continuing on said course,
370370 with a barbed wire fence, a total distance of 571.78 feet to a pipe
371371 fence corner post of an inner ell corner of this tract;
372372 THENCE: South 05 degrees 25 minutes 28 seconds West, with a barbed
373373 wire fence, a distance of 562.01 feet to a pipe fence corner post
374374 for the most southerly southeast corner of this tract;
375375 THENCE: South 73 degrees 44 minutes 30 seconds West, with a barbed
376376 wire fence, a distance of 982.13 feet to a pipe fence corner post
377377 for an angle point of this tract;
378378 THENCE: South 84 degrees 56 minutes 30 seconds West, with a barbed
379379 wire fence, a distance of 804.70 feet to a pipe fence corner post
380380 for an angle point of this tract;
381381 THENCE: North 85 degrees 09 minutes 45 seconds West, with a barbed
382382 wire fence, and passing at 221.95 feet a pipe fence corner post, and
383383 continuing on said course a total distance of 224.41 feet to the
384384 PONT OF BEGNNNG and containing 143.93 acres of land.
385385 Dickerson Tract:
386386 BEING a tract of land situated in the Thomas Stayton Survey,
387387 Abstract No. 805 Collin County, Texas and being part of a called
388388 54.809 acre tract conveyed to Lewis Dickerson as recorded in County
389389 Clerks No. 2010051000463340, Land Records of Collin County, Texas,
390390 and being more particularly described in metes and bounds as
391391 follows:
392392 BEGINNING at a 1/2" iron rod with yellow plastic capped
393393 stamped "4613" set for corner in the west line of said 54.809 acre
394394 tract, said iron rod being S 00°02'11" W a distance of 185.72' from a
395395 1/2" iron rod found for the northwest corner of said 54.809 acres;
396396 THENCE N 89°04'55" E a distance of 1400.14' to a mag nail set
397397 for corner in the east line of said 54.809 acre tract, said nail
398398 being in Business No. 289;
399399 THENCE S 00°44'54" W veeering west from the road a distance of
400400 1770.34' to a point for corner;
401401 THENCE S 11°19'55" W a distance of 534.39' to a point for
402402 corner;
403403 THENCE S 89°34'57" W a distance of 28.22' to a point for
404404 corner;
405405 THENCE N 10°32'31" E a distance of 695.27' to a point for
406406 corner;
407407 THENCE N 01°09'28" a distance of 121.00' to a wood fence post
408408 found for corner;
409409 THENCE S 89°10'28" W a distance of 1110.80' to a wood fence
410410 post found for corner;
411411 THENCE N 57°00'00" W a distance of 300.66' to a wood fence post
412412 found for corner;
413413 THENCE N 00°10'07" W a distance of 262.10' to a 1/2" iron rod
414414 with yellow plastic capped stamped "4613" set for corner;
415415 THENCE N 00°39'54" W a distance of 843.67' to a wood fence post
416416 found for corner;
417417 THENCE N 00°02'11" E a distance of 213.97' to the POINT OF
418418 BEGINNING and containing 2,060,807 Square Feet or 47.310 Acres of
419419 land.
420420 Stelzer Tract - 161.383 acres:
421421 BEING A TRACT OF LAND LOCATED IN THE T. & P. RAILWAY CO. SURVEY,
422422 ABSTRACT NO. 932, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF
423423 LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA STELZER,
424424 CO-TRUSTEES OF THE STELZER REVOCABLE TRUST, RECORDED IN INSTRUMENT
425425 NO. 20141006001089690, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
426426 TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS
427427 FOLLOWS:
428428 BEGINNING AT AN 8-INCH WOOD FENCE POST FOUND IN THE EAST LINE OF A
429429 TRACT OF LAND DESCRIBED IN DEED TO OLD CELINA, LTD., RECORDED IN
430430 INSTRUMENT NO. 20180323000355690, O.P.R.C.C.T., AT THE SOUTHWEST
431431 CORNER OF SAID STELZER TRACT AND THE NORTHWEST CORNER OF A TRACT OF
432432 LAND DESCRIBED IN DEED TO JARRELL DWAIN GRAY, RECORDED IN
433433 INSTRUMENT NO. 20090105000007700, O.P.R.C.C.T.;
434434 THENCE NORTH 00°04'16" WEST, A DISTANCE OF 319.32 FEET TO A 3/8-INCH
435435 IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID OLD CELINA TRACT
436436 AND A TRACT OF LAND DESCRIBED IN DEED TO JOE E. HACKNEY AND WIFE,
437437 HAZEL M. HACKNEY, RECORDED IN INSTRUMENT NO. 96-0063441,
438438 O.P.R.C.C.T.;
439439 THENCE NORTH 00°31'51" WEST, A DISTANCE OF 479.09 FEET TO A 1/2-INCH
440440 IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID HACKNEY TRACT AND A
441441 TRACT OF LAND DESCRIBED IN DEED TO MATTHEW D. KIRAN, RECORDED IN
442442 INSTRUMENT NO. 20070418000520430, O.P.R.C.C.T.;
443443 THENCE NORTH 00°42'34" WEST, ALONG THE EAST LINE OF SAID KIRAN TRACT
444444 AND ANOTHER TRACT DESCRIBED IN DEED TO MATTHEW DILLON KIRAN,
445445 RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T., A
446446 DISTANCE OF 831.54 FEET TO A 1/2-INCH IRON ROD FOUND AT THE EAST
447447 COMMON CORNER OF SAID KIRAN TRACT AND A TRACT OF LAND DESCRIBED IN
448448 DEED TO MOODY RHINOCEROS, LLC, RECORDED IN INSTRUMENT NO.
449449 20140606000572850, D.R.C.C.T.;
450450 THENCE NORTH 00°07'00" EAST, ALONG THE EAST LINE OF SAID MOODY
451451 RHINOCEROS TRACT, PASSING AT A DISTANCE OF 1,107.23 FEET A 3/4-INCH
452452 IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED
453453 IN DEED TO KIM CANNADY LEE, RECORDED IN VOLUME 4840, PAGE 1743, DEED
454454 RECORDS, COLLIN COUNTY, TEXAS (D.R.C.C.T.), AND CONTINUING FOR A
455455 TOTAL DISTANCE OF 1,120.03 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW
456456 CAP STAMPED "RPLS 5674" SET NEAR THE SOUTHWEST EDGE OF PAVING OF
457457 COUNTY ROAD 57 AT THE NORTHWEST CORNER OF SAID STELZER TRACT AND THE
458458 SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO OLD CELINA,
459459 LTD., RECORDED IN INSTRUMENT NO. 20140501000426500, O.P.R.C.C.T.,
460460 FROM WHICH A 1/2-INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID
461461 LEE TRACT BEARS NORTH 01°02'23"WEST, A DISTANCE OF 570.99 FEET;
462462 THENCE NORTH 89°35'24" EAST, ALONG SAID COUNTY ROAD 57 AND THE NORTH
463463 LINE OF SAID STELZER TRACT, A DISTANCE OF 2,631.96 FEET TO A
464464 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR
465465 CORNER IN THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN DEED TO OLD
466466 CELINA , LTD., RECORDED IN INSTRUMENT NO. 20060815001168150,
467467 O.P.R.C.C.T., AT THE NORTH COMMON CORNER OF SAID STELZER TRACT AND A
468468 TRACT OF LAND DESCRIBED AS TRACT III IN DEED TO G BAR 7, LTD.,
469469 RECORDED IN VOLUME 5850, PAGE 990, D.R.C.C.T., FROM WHICH A
470470 3/8-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID OLD CELINA
471471 TRACT BEARS NORTH 89°35'24" EAST, A DISTANCE OF 682.05 FEET;
472472 THENCE SOUTH 00°12'44" EAST, LEAVING THE SOUTH LINE OF SAID OLD
473473 CELINA TRACT AND ALONG SAID COUNTY ROAD 57 AND THE EAST LINE OF SAID
474474 STELZER TRACT, A DISTANCE OF 852.17 FEET TO A MAG NAIL SET AT THE
475475 NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF
476476 CELINA, TEXAS, RECORDED IN VOLUME 481, PAGE 230, D.R.C.C.T.;
477477 THENCE NORTH 87°15'44" WEST, LEAVING SAID COUNTY ROAD 57 AND SAID
478478 EAST LINE OF THE STELZER TRACT, A DISTANCE OF 450.00 FEET TO A
479479 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE
480480 NORTHWEST CORNER OF SAID CITY OF CELINA TRACT;
481481 THENCE SOUTH 00°12'44" EAST, A DISTANCE OF 485.30 FEET TO A 5/8-INCH
482482 IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE SOUTHWEST
483483 CORNER OF SAID CITY OF CELINA TRACT;
484484 THENCE SOUTH 87°15'44" EAST, A DISTANCE OF 450.00 FEET TO A MAG NAIL
485485 SET IN SAID COUNTY ROAD 57 AND SAID EAST LINE OF THE STELZER TRACT AT
486486 THE SOUTHEAST CORNER OF SAID CITY OF CELINA TRACT;
487487 THENCE SOUTH 00°12'44" EAST, ALONG SAID COUNTY ROAD 57 AND SAID EAST
488488 LINE OF THE STELZER TRACT, A DISTANCE OF 1,420.00 FEET TO A MAG NAIL
489489 SET AT THE SOUTHEAST CORNER OF SAID STELZER TRACT;
490490 THENCE SOUTH 89°56'13" WEST, LEAVING SAID COUNTY ROAD 57, PASSING AT
491491 A DISTANCE OF 205.83 FEET A 5/8-INCH IRON ROD FOUND AT THE NORTH
492492 COMMON CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO J.B. STELZER
493493 AND WIFE FRANCES B. STELZER, RECORDED IN INSTRUMENT NO.
494494 19710125077403730, D.R.C.C.T., AND LOT 23 OF WILLOCK HILL ADDITION
495495 AMENDED PLAT, AN ADDITION TO THE CITY OF CELINA, COLLIN COUNTY,
496496 TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, SLIDE
497497 160, MAP RECORDS, COLLIN COUNTY, TEXAS, AND CONTINUING FOR A TOTAL
498498 DISTANCE OF 605.83 FEET TO THE NORTH COMMON CORNER OF LOTS 11 AND 23
499499 OF SAID ADDITION, FROM WHICH A 1/2-INCH IRON ROD FOUND WITH A CAP
500500 STAMPED "RPLS 2818" BEARS SOUTH 09°19'53" EAST, A DISTANCE OF 0.46
501501 FEET;
502502 THENCE SOUTH 89°51'02" WEST, A DISTANCE OF 358.80 FEET TO A 5/8-INCH
503503 IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE NORTH
504504 COMMON CORNER OF LOTS 10 AND 11 OF SAID ADDITION;
505505 THENCE SOUTH 89°41'02" WEST, A DISTANCE OF 380.00 FEET TO A 1/2-INCH
506506 IRON ROD WITH CAP STAMPED "RPLS 2818" FOUND AT THE NORTH COMMON
507507 CORNER OF SAID ADDITION AND SAID GRAY TRACT;
508508 THENCE SOUTH 89°39'42" WEST, A DISTANCE OF 1,284.65 FEET TO THE
509509 POINT OF BEGINNING AND CONTAINING 7,029,841 SQUARE FEET OR 161.383
510510 ACRES OF LAND, MORE OR LESS.
511511 Johnson Tract - 18.954 acres:
512512 BEING A TRACT OF LAND LOCATED IN THE HENRY BENTLEY SURVEY, ABSTRACT
513513 NO. 124, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND
514514 DESCRIBED IN DEED TO MARK S. JOHNSON, RECORDED IN VOLUME 5038, PAGE
515515 7629, DEED RECORDS, COLLIN COUNTY, TEXAS AND BEING MORE
516516 PARTICULARLY DESCRIBED AS FOLLOWS:
517517 BEGINNING AT A 1/2-INCH IRON ROD FOUND IN THE EXISTING EAST
518518 RIGHT-OF-WAY LINE OF FARM-TO-MARKET ROAD (FM) 455, A VARIABLE WIDTH
519519 RIGHT-OF-WAY, AT THE WEST COMMON CORNER OF SAID JOHNSON TRACT AND A
520520 TRACT OF LAND DESCRIBED IN DEED TO MATTHEW D. KIRAN, RECORDED IN
521521 INSTRUMENT NO. 20070418000520430, OFFICIAL PUBLIC RECORDS, COLLIN
522522 COUNTY, TEXAS (O.P.R.C.C.T.);
523523 THENCE NORTH 89°18'26" EAST,LEAVING SAID EAST RIGHT-OF-WAY LINE AND
524524 ALONG THE COMMON LINE OF SAID JOHNSON TRACT AND SAID KIRAN TRACT, A
525525 DISTANCE OF 1,714.40 FEET TO A 3/8-INCH IRON ROD FOUND AT THE NORTH
526526 COMMON CORNER OF SAID JOHNSON TRACT AND A TRACT OF LAND DESCRIBED IN
527527 DEED TO JOE E. HACKNEY AND WIFE, HAZEL M. HACKNEY, RECORDED IN
528528 INSTRUMENT NO. 96-0063441, O.P.R.C.C.T., FROM WHICH A 1/2-INCH IRON
529529 ROD FOUND AT THE EAST COMMON CORNER OF SAID KIRAN TRACT AND SAID
530530 HACKNEY TRACT BEARS NORTH 89°19'06" EAST, A DISTANCE OF 900.24 FEET;
531531 THENCE SOUTH 00°39'47" WEST, ALONG THE COMMON LINE OF SAID JOHNSON
532532 TRACT AND SAID HACKNEY TRACT, A DISTANCE OF 476.67 FEET TO A
533533 1/2-INCH IRON ROD FOUND IN THE NORTH LINE OF A TRACT OF LAND
534534 DESCRIBED IN DEED TO OLD CELINA, LTD., RECORDED IN INSTRUMENT NO.
535535 20180323000355690, O.P.R.C.C.T., AT THE SOUTH COMMON CORNER OF SAID
536536 JOHNSON TRACT AND SAID HACKNEY TRACT, FROM WHICH A 3/8-INCH IRON ROD
537537 FOUND AT THE EAST COMMON CORNER OF SAID HACKNEY TRACT AND SAID OLD
538538 CELINA TRACT BEARS NORTH 89°28'43" EAST, A DISTANCE OF 910.17 FEET;
539539 THENCE SOUTH 87°38'51" WEST, ALONG THE COMMON LINE OF SAID JOHNSON
540540 TRACT AND THE OLD CELINA TRACT, A DISTANCE OF 58.03 FEET TO A
541541 1/2-IRON ROD FOUND AT THE NORTH COMMON CORNER OF SAID OLD CELINA
542542 TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO CELINA 428, L.P.,
543543 RECORDED IN INSTRUMENT NO. 20070222000245920, O.P.R.C.C.T.;
544544 THENCE SOUTH 88°35'59" WEST, ALONG THE COMMON LINE OF SAID JOHNSON
545545 TRACT AND SAID CELINA 428 TRACT, A DISTANCE OF 589.16 FEET TO A
546546 1/2-INCH IRON ROD WITH A YELLOW CAP (ILLEGIBLE) FOUND AT THE NORTH
547547 COMMON CORNER OF SAID CELINA 428 TRACT AND TRACT OF LAND DESCRIBED
548548 IN DEED TO JC GOODMA NINVESTMENT GROUP, INC., RECORDED IN
549549 INSTRUMENT NO. 20200115000063450, O.P.R.C.C.T.;
550550 THENCE SOUTH 88°39'24" WEST, ALONG THE COMMON LINE OF SAID JOHNSON
551551 TRACT AND SAID JC GOODMAN INVESTMENT GROUP TRACT, A DISTANCE OF
552552 1,015.89 FEET TO A 5/8 INCH IRON ROD WITH A PINK PLASTIC CAP STAMPED
553553 "TXDOT" FOUND IN THE NEW EAST RIGHT-OF-WAY LINE OF SAID FM 455 AS
554554 ESTABLISHED BY DEED TO THE STATE OF TEXAS, RECORDED IN INSTRUMENT
555555 NO. 2017013000470220, O.P.R.C.C.T.;
556556 THENCE NORTH 06°44'04" WEST, ALONG SAID NEW EAST RIGHT-OF-WAY LINE,
557557 A DISTANCE OF 381.29 FEET TO A 5/8 INCH IRON ROD WITH A PINK PLASTIC
558558 CAP STAMPED "TXDOT" FOUND FOR CORNER IN THE EXISTING EAST
559559 RIGHT-OF-WAY LINE OF SAID FM 544;
560560 THENCE NORTH 00°43'02" WEST, ALONG SAID EXISTING EAST RIGHT-OF-WAY
561561 LINE, A DISTANCE OF 117.86 FEET TO THE POINT OF BEGINNING AND
562562 CONTAINING 825,624 SQUARE FEET OR 18.954 ACRES OF LAND, MORE OR
563563 LESS.
564564 GBar Tract - 76.224 acres:
565565 Being a tract of land situated in the Thomas Stayton Survey,
566566 Abstract No. 805, Collin County, Texas and being the remainder of a
567567 called 79 acre tract of land (Tract III) described in Deed to G Bar
568568 7, LTD. as recorded in Document No. 2005-0015684 of the Official
569569 Public Real Property Records of Collin County, Texas, and being
570570 more particularly described herein as follows:
571571 BEGINNING at a "Mag" spike set in County Road 57 (a public road) and
572572 in the East line of a called 160 acres tract of land described in
573573 Deed to Billy Stelzer and Julia Stelzer as recorded in Instrument
574574 No. 20141006001089690 of the Official Public Records of Collin
575575 County, Texas for the Southwest corner of said Tract III;
576576 THENCE North 00 degrees 01 minutes 22 seconds East, with the West
577577 line of said Tract III, along said County Road 57, passing the
578578 Southeast corner of a called 5.00 acres tract of land described in
579579 Deed to the City of Celina as recorded in Volume 481, Page 230 of
580580 said Deed Records, continuing with the West line of said Tract III
581581 and the East line of said City of Celina tract, passing the
582582 Northeast corner thereof and continuing for a total distance of
583583 2,484.46 feet to a 5/8 inch iron rod with plastic cap stamped "PLS,
584584 INC" (typical) set on the Northeast side of a bend in said County
585585 Road 57 for the Northwest corner of said Tract III, and being in the
586586 South line of a called 52.039 acre tract of land described in Deed
587587 to Old Celina, LTD. as recorded in Instrument No. 20060815001168150
588588 of said Official Public Records;
589589 THENCE North 89 degrees 45 minutes 53 seconds East, with the North
590590 line of said Tract III, passing the Southeast corner of said 52.039
591591 acre tract and the Southwest corner of a called 50.363 acres tract
592592 of land described in Deed to Celina 50, LLC as recorded in
593593 Instrument No. 20190610000659920 of said Official Public Records,
594594 and continuing for a total distance of 1,385.31 feet to a 3/8 inch
595595 iron rod found for the Northeast corner of said Tract III and the
596596 Northwest corner of a called 54.804 acres tract of land (Tract Two)
597597 described in Deed to Dorothy Stambaugh and Lewis Dickerson as
598598 recorded in Instrument No. 20100510000463340 of said Official
599599 Public Records;
600600 THENCE with the East line of said Tract III and the West line of said
601601 Stambough tract, along and near an established fence line, the
602602 following courses and distances:
603603 South 00 degrees 39 minutes 47 seconds East, a distance of
604604 174.67 feet to a 5/8 inch iron rod set for corner;
605605 South 02 degrees 33 minutes 05 seconds West, a distance of
606606 145.60 feet to a 5/8 inch iron rod set for corner;
607607 South 02 degrees 09 minutes 55 seconds East, a distance of
608608 198.50 feet to a 5/8 inch iron rod set for corner;
609609 South 00 degrees 24 minutes 55 seconds East, a distance of
610610 725.00 feet to a 5/8 inch iron rod set for corner;
611611 South 00 degrees 09 minutes 55 seconds East, a distance of
612612 262.10 feet to a cross-tie fence corner post found for the Southwest
613613 corner of said Stambough tract and the Northwest corner of Lot 1,
614614 Block A of Celina 22 Addition recorded in Instrument
615615 20200128010000450 of said Official Public Records;
616616 THENCE South 00 degrees 01 minutes 02 seconds West, with the East
617617 line of said Tract III and the West line of Lot 1, passing the
618618 Southwest corner of said Lot 1 and the Northwest corner of Lot 2,
619619 Block A of said Celina 22 Addition, and continuing for a total
620620 distance of 672.08 feet to a 1/2 inch iron rod found for the
621621 Southwest corner of said Lot 2 and the Northwest corner of Lot 1,
622622 Block 1 of Snyder Addition as recorded in Instrument
623623 No. 20060511010001920 of said Official Public Records;
624624 THENCE South 00 degrees 08 minutes 55 seconds West, with the East
625625 line of said Tract III and the West line of said Snyder Addition, a
626626 distance of 297.31 feet to a 1/2 inch iron rod found in the North
627627 line of a 30 foot alleyway for the Southeast corner of said Tract
628628 III and the Southwest corner of said Snyder Addition;
629629 THENCE South 89 degrees 29 minutes 39 seconds West, with the South
630630 line of said Tract III and the North line of said 30 foot alleyway, a
631631 distance of 100.03 feet to a 1/2 inch iron rod found for the
632632 Southeast corner of a called 3.00 acres tract of land described in
633633 Deed to Whitney Elliot and Marc Elliot as recorded in Instrument
634634 No. 20181228001576130 of said Official Public Records;
635635 THENCE North 00 degrees 31 minutes 41 seconds West, with the East
636636 line of said Elliot tract, a distance of 315.13 feet to a 1/2 inch
637637 capped iron rod found for the Northeast corner of said Elliot tract;
638638 THENCE South 89 degrees 20 minutes 47 seconds West, with the North
639639 line of said Elliot tract, a distance of 414.83 feet to a 5/8 inch
640640 iron rod set for the Northwest corner of said Elliot tract;
641641 THENCE South 00 degrees 31 minutes 41 seconds East, with the West
642642 line of said Elliot tract, a distance of 314.99 feet to a 5/8 inch
643643 iron rod set in the South line of said Tract III and the North line
644644 of said 30 foot alleyway for the Southwest corner of said Elliot
645645 tract;
646646 THENCE South 89 degrees 21 minutes 57 seconds West, with the South
647647 line of said Tract III, a distance of 879.59 feet to the POINT OF
648648 BEGINNING and containing, within the metes and bounds herein
649649 recited, 76.224 acres of land, more or less.
650650 HACKNEY TRACT - 9.929 ACRES
651651 BEING A TRACT OF LAND LOCATED IN THE HENRY BENTLEY SURVEY, ABSTRACT
652652 NO. 124, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND
653653 DESCRIBED IN DEED TO JOE E. HACKNEY AND WIFE, HAZEL M. HACKNEY,
654654 RECORDED IN INSTRUMENT NO. 96-0063441, OFFICIAL PUBLIC RECORDS,
655655 COLLIN COUNTY, TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY
656656 DESCRIBED AS FOLLOWS:
657657 BEGINNING AT A 3/8-INCH IRON ROD FOUND IN THE SOUTH LINE OF A TRACT
658658 OF LAND DESCRIBED IN DEED TO MATTHEW D. KIRAN, RECORDED IN
659659 INSTRUMENT NO. 20070418000520430, O.P.R.C.C.T., AT THE NORTH
660660 COMMON CORNER OF SAID HACKNEY TRACT AND A TRACT OF LAND DESCRIBED IN
661661 DEED TO MARK A. JOHNSON, RECORDED IN VOLUME 5038, PAGE 7629, DEED
662662 RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH A 1/2-INCH IRON ROD FOUND
663663 IN THE EAST RIGHT-OF-WAY LINE OF FARM-TO-MARKET ROAD 455, A 90-FOOT
664664 RIGHT-OF-WAY, AT THE WEST COMMON CORNER OF SAID JOHNSON TRACT AND
665665 AND SAID KIRAN TRACT BEARS SOUTH 89°18'26" WEST, A DISTANCE OF
666666 1714.40 FEET;
667667 THENCE NORTH 89°19'06" EAST, A DISTANCE OF 900.24 FEET TO A 1/2-INCH
668668 IRON ROD FOUND IN THE WEST LINE OF A TRACT OF LAND DESCRIBED IN DEED
669669 TO BILLY STELZER AND JULIA STELZER, CO-TRUSTEES OF THE STELZER
670670 REVOCABLE TRUST, RECORDED IN INSTRUMENT NO. 20141006001089690,
671671 O.P.R.C.C.T. AT THE EAST COMMON CORNER OF SAID HACKNEY TRACT AND
672672 SAID KIRAN TRACT, FROM WHICH A 1/2-INCH IRON ROD FOUND AT THE
673673 NORTHEAST CORNER OF THE KIRAN TRACT BEARS NORTH 00°42'34" WEST, A
674674 DISTANCE OF 831.54 FEET;
675675 THENCE SOUTH 00°31'51" EAST, ALONG THE COMMON LINE OF SAID HACKNEY
676676 TRACT AND SAID STELZER TRACT, A DISTANCE OF 479.09 FEET TO A
677677 3/8-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID HACKNEY
678678 TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO OLD CELINA LTD.,
679679 RECORDED IN INSTRUMENT NO. 20180323000355690, O.P.R.C.C.T.;
680680 THENCE SOUTH 89°28'43" WEST, A DISTANCE OF 910.17 FEET TO A 3/8-INCH
681681 IRON ROD FOUND AT THE WEST COMMON CORNER OF SAID HACKNEY TRACT AND
682682 SAID OLD CELINA TRACT, SAME BEING THE SOUTH COMMON CORNER OF SAID
683683 HACKENY TRACT AND SAID JOHNSON TRACT, FROM WHICH A 1/2-INCH IRON ROD
684684 FOUND AT THE NORTHWEST CORNER OF THE OLD CELINA TRACT BEARS SOUTH
685685 87°38'51" WEST, A DISTANCE OF 58.03 FEET;
686686 THENCE NORTH 00°39'47" EAST, A DISTANCE OF 476.67 FEET TO THE POINT
687687 OF BEGINNING AND CONTAINING 432,525 SQUARE FEET OR 9.929 ACRES OF
688688 LAND, MORE OR LESS.
689689 MOODY TRACT - 69.994 ACRES
690690 BEING A TRACT OF LAND LOCATED IN THE BENJAMIN BREWTON SURVEY,
691691 ABSTRACT NO. 125, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF
692692 LAND DESCRIBED IN DEED TO MOODY RHINOCEROS, LLC, RECORDED IN
693693 INSTRUMENT NO. 20140606000572850, OFFICIAL PUBLIC RECORDS, COLLIN
694694 COUNTY, TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY DESCRIBED
695695 AS FOLLOWS:
696696 BEGINNING AT A 5/8-INCH IRON ROD WITH A CAP STAMPED "RPLS 5674"
697697 FOUND IN THE EAST RIGHT-OF-WAY LINE OF FARM-TO-MARKET ROAD 455, A
698698 90-FOOT RIGHT-OF-WAY, AT THE WEST COMMON CORNER OF SAID MOODY TRACT
699699 AND A TRACT OF LAND DESCRIBED IN DEED TO MATTHEW DILLON KIRAN,
700700 RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T., FROM
701701 WHICH A WOOD RIGHT-OF-WAY MARKER BEARS NORTH 58°16'44" WEST, A
702702 DISTANCE OF 1.45 FEET;
703703 THENCE NORTH 00°45'03" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A
704704 DISTANCE OF 498.59 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC
705705 CAP STAMPED "RPLS 5674" SET FOR CORNER, FROM WHICH A WOOD
706706 RIGHT-OF-WAY MARKER BEARS NORTH 02°35'45" WEST, A DISTANCE OF 26.41
707707 FEET;
708708 THENCE NORTH 00°13'52" WEST, CONTINUING ALONG SAID EAST
709709 RIGHT-OF-WAY LINE, A DISTANCE OF 720.60 FEET TO A POINT FOR CORNER
710710 FROM WHICH A 3/4-INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF A
711711 TRACT OF LAND DESCRIBED IN DEED TO KIM CANNADY LEE, RECORDED IN
712712 VOLUME 4840, PAGE 1743, DEED RECORDS, COLLIN COUNTY, TEXAS, BEARS
713713 SOUTH 88°14'15" EAST, A DISTANCE OF 0.59 FEET AND FROM WHICH A
714714 3/8-INCH IRON ROD FOUND NEAR THE NORTHWEST CORNER OF SAID MOODY
715715 TRACT BEARS SOUTH 01°58'05"WEST, A DISTANCE OF 8.20 FEET AND FROM
716716 WHICH A 1/2-INCH IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID LEE
717717 TRACT BEARS NORTH 00°13'02" WEST, A DISTANCE OF 546.05 FEET;
718718 THENCE SOUTH 88°14'15" EAST, ALONG THE SOUTH LINE OF SAID LEE TRACT,
719719 A DISTANCE OF 2,627.99 FEET TO A 3/4-INCH IRON ROD FOUND IN THE WEST
720720 LINE OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA
721721 STELZER, CO-TRUSTEES OF THE STELZER REVOCABLE TRUST TRACT, RECORDED
722722 IN INSTRUMENT NO. 20141006001089690, O.P.R.C.C.T. AT THE SOUTHEAST
723723 CORNER OF SAID LEE TRACT, FROM WHICH A 1/2-INCH IRON ROD FOUND NEAR
724724 THE NORTHEAST CORNER OF SAID MOODY TRACT BEARS NORTH 00°39'40" WEST,
725725 A DISTANCE OF 7.67 FEET AND FROM WHICH A 5/8-INCH IRON ROD WITH A CAP
726726 (ILLEGIBLE) FOUND AT THE NORTHEAST CORNER OF SAID LEE TRACT BEARS
727727 NORTH 01°00'52" WEST, A DISTANCE OF 583.77 FEET;
728728 THENCE SOUTH 00°07'00" WEST, ALONG THE COMMON LINE OF SAID MOODY
729729 TRACT AND SAID STELZER TRACT, A DISTANCE OF 1,107.25 FEET TO A
730730 1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID MOODY
731731 TRACT AND SAID KIRAN TRACT;
732732 THENCE SOUTH 89°21'36" WEST, ALONG THE COMMON LINE OF SAID MOODY
733733 TRACT AND SAID KIRAN TRACT, A DISTANCE OF 1,299.36 FEET TO A
734734 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "RPLS 5674"
735735 FOUND FOR CORNER;
736736 THENCE SOUTH 89°16'45" WEST, CONTINUING ALONG THE COMMON LINE OF
737737 SAID MOODY TRACT AND SAID KIRAN TRACT, A DISTANCE OF 1,315.87 FEET
738738 TO THE POINT OF BEGINNING AND CONTAINING 3,048,952 SQUARE FEET OR
739739 69.994 ACRES OF LAND, MORE OR LESS.
740740 SECTION 3. (a) The legal notice of the intention to
741741 introduce this Act, setting forth the general substance of this
742742 Act, has been published as provided by law, and the notice and a
743743 copy of this Act have been furnished to all persons, agencies,
744744 officials, or entities to which they are required to be furnished
745745 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
746746 Government Code.
747747 (b) The governor, one of the required recipients, has
748748 submitted the notice and Act to the Texas Commission on
749749 Environmental Quality.
750750 (c) The Texas Commission on Environmental Quality has filed
751751 its recommendations relating to this Act with the governor, the
752752 lieutenant governor, and the speaker of the house of
753753 representatives within the required time.
754754 (d) All requirements of the constitution and laws of this
755755 state and the rules and procedures of the legislature with respect
756756 to the notice, introduction, and passage of this Act are fulfilled
757757 and accomplished.
758758 SECTION 4. (a) If this Act does not receive a two-thirds
759759 vote of all the members elected to each house, Subchapter C, Chapter
760760 7909A, Special District Local Laws Code, as added by Section 1 of
761761 this Act, is amended by adding Section 7909A.0307 to read as
762762 follows:
763763 Sec. 7909A.0307. NO EMINENT DOMAIN POWER. The district may
764764 not exercise the power of eminent domain.
765765 (b) This section is not intended to be an expression of a
766766 legislative interpretation of the requirements of Section 17(c),
767767 Article I, Texas Constitution.
768768 SECTION 5. This Act takes effect immediately if it receives
769769 a vote of two-thirds of all the members elected to each house, as
770770 provided by Section 39, Article III, Texas Constitution. If this
771771 Act does not receive the vote necessary for immediate effect, this
772772 Act takes effect September 1, 2021.