1 | 1 | | 87R9546 SGM-F |
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2 | 2 | | By: Springer S.B. No. 2249 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the creation of the Uptown Municipal Utility District |
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8 | 8 | | No. 1 of Collin County; granting a limited power of eminent domain; |
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9 | 9 | | providing authority to issue bonds; providing authority to impose |
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10 | 10 | | assessments, fees, and taxes. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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13 | 13 | | Code, is amended by adding Chapter 7909A to read as follows: |
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14 | 14 | | CHAPTER 7909A. UPTOWN MUNICIPAL UTILITY DISTRICT NO. 1 OF COLLIN |
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15 | 15 | | COUNTY |
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16 | 16 | | SUBCHAPTER A. GENERAL PROVISIONS |
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17 | 17 | | Sec. 7909A.0101. DEFINITIONS. In this chapter: |
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18 | 18 | | (1) "Board" means the district's board of directors. |
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19 | 19 | | (2) "Commission" means the Texas Commission on |
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20 | 20 | | Environmental Quality. |
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21 | 21 | | (3) "Director" means a board member. |
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22 | 22 | | (4) "District" means the Uptown Municipal Utility |
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23 | 23 | | District No. 1 of Collin County. |
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24 | 24 | | Sec. 7909A.0102. NATURE OF DISTRICT. The district is a |
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25 | 25 | | municipal utility district created under Section 59, Article XVI, |
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26 | 26 | | Texas Constitution. |
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27 | 27 | | Sec. 7909A.0103. CONFIRMATION AND DIRECTOR ELECTION |
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28 | 28 | | REQUIRED. The temporary directors shall hold an election to |
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29 | 29 | | confirm the creation of the district and to elect five permanent |
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30 | 30 | | directors as provided by Section 49.102, Water Code. |
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31 | 31 | | Sec. 7909A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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32 | 32 | | temporary directors may not hold an election under Section |
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33 | 33 | | 7909A.0103 until each municipality in whose corporate limits or |
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34 | 34 | | extraterritorial jurisdiction the district is located has |
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35 | 35 | | consented by ordinance or resolution to the creation of the |
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36 | 36 | | district and to the inclusion of land in the district. |
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37 | 37 | | Sec. 7909A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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38 | 38 | | (a) The district is created to serve a public purpose and benefit. |
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39 | 39 | | (b) The district is created to accomplish the purposes of: |
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40 | 40 | | (1) a municipal utility district as provided by |
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41 | 41 | | general law and Section 59, Article XVI, Texas Constitution; and |
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42 | 42 | | (2) Section 52, Article III, Texas Constitution, that |
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43 | 43 | | relate to the construction, acquisition, improvement, operation, |
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44 | 44 | | or maintenance of macadamized, graveled, or paved roads, or |
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45 | 45 | | improvements, including storm drainage, in aid of those roads. |
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46 | 46 | | Sec. 7909A.0106. INITIAL DISTRICT TERRITORY. (a) The |
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47 | 47 | | district is initially composed of the territory described by |
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48 | 48 | | Section 2 of the Act enacting this chapter. |
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49 | 49 | | (b) The boundaries and field notes contained in Section 2 of |
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50 | 50 | | the Act enacting this chapter form a closure. A mistake made in the |
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51 | 51 | | field notes or in copying the field notes in the legislative process |
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52 | 52 | | does not affect the district's: |
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53 | 53 | | (1) organization, existence, or validity; |
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54 | 54 | | (2) right to issue any type of bond for the purposes |
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55 | 55 | | for which the district is created or to pay the principal of and |
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56 | 56 | | interest on a bond; |
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57 | 57 | | (3) right to impose a tax; or |
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58 | 58 | | (4) legality or operation. |
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59 | 59 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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60 | 60 | | Sec. 7909A.0201. GOVERNING BODY; TERMS. (a) The district |
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61 | 61 | | is governed by a board of five elected directors. |
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62 | 62 | | (b) Except as provided by Section 7909A.0202, directors |
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63 | 63 | | serve staggered four-year terms. |
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64 | 64 | | Sec. 7909A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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65 | 65 | | board consists of: |
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66 | 66 | | (1) Caleb Lavey; |
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67 | 67 | | (2) Cole Talley; |
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68 | 68 | | (3) Luke Brown; |
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69 | 69 | | (4) Zack Schneider; and |
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70 | 70 | | (5) Ben Hangartner. |
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71 | 71 | | (b) Temporary directors serve until the earlier of: |
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72 | 72 | | (1) the date permanent directors are elected under |
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73 | 73 | | Section 7909A.0103; or |
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74 | 74 | | (2) the fourth anniversary of the effective date of |
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75 | 75 | | the Act enacting this chapter. |
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76 | 76 | | (c) If permanent directors have not been elected under |
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77 | 77 | | Section 7909A.0103 and the terms of the temporary directors have |
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78 | 78 | | expired, successor temporary directors shall be appointed or |
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79 | 79 | | reappointed as provided by Subsection (d) to serve terms that |
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80 | 80 | | expire on the earlier of: |
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81 | 81 | | (1) the date permanent directors are elected under |
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82 | 82 | | Section 7909A.0103; or |
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83 | 83 | | (2) the fourth anniversary of the date of the |
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84 | 84 | | appointment or reappointment. |
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85 | 85 | | (d) If Subsection (c) applies, the owner or owners of a |
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86 | 86 | | majority of the assessed value of the real property in the district |
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87 | 87 | | may submit a petition to the commission requesting that the |
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88 | 88 | | commission appoint as successor temporary directors the five |
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89 | 89 | | persons named in the petition. The commission shall appoint as |
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90 | 90 | | successor temporary directors the five persons named in the |
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91 | 91 | | petition. |
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92 | 92 | | SUBCHAPTER C. POWERS AND DUTIES |
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93 | 93 | | Sec. 7909A.0301. GENERAL POWERS AND DUTIES. The district |
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94 | 94 | | has the powers and duties necessary to accomplish the purposes for |
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95 | 95 | | which the district is created. |
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96 | 96 | | Sec. 7909A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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97 | 97 | | DUTIES. The district has the powers and duties provided by the |
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98 | 98 | | general law of this state, including Chapters 49 and 54, Water Code, |
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99 | 99 | | applicable to municipal utility districts created under Section 59, |
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100 | 100 | | Article XVI, Texas Constitution. |
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101 | 101 | | Sec. 7909A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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102 | 102 | | Section 52, Article III, Texas Constitution, the district may |
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103 | 103 | | design, acquire, construct, finance, issue bonds for, improve, |
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104 | 104 | | operate, maintain, and convey to this state, a county, or a |
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105 | 105 | | municipality for operation and maintenance macadamized, graveled, |
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106 | 106 | | or paved roads, or improvements, including storm drainage, in aid |
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107 | 107 | | of those roads. |
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108 | 108 | | Sec. 7909A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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109 | 109 | | road project must meet all applicable construction standards, |
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110 | 110 | | zoning and subdivision requirements, and regulations of each |
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111 | 111 | | municipality in whose corporate limits or extraterritorial |
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112 | 112 | | jurisdiction the road project is located. |
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113 | 113 | | (b) If a road project is not located in the corporate limits |
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114 | 114 | | or extraterritorial jurisdiction of a municipality, the road |
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115 | 115 | | project must meet all applicable construction standards, |
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116 | 116 | | subdivision requirements, and regulations of each county in which |
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117 | 117 | | the road project is located. |
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118 | 118 | | (c) If the state will maintain and operate the road, the |
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119 | 119 | | Texas Transportation Commission must approve the plans and |
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120 | 120 | | specifications of the road project. |
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121 | 121 | | Sec. 7909A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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122 | 122 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
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123 | 123 | | applicable requirements of any ordinance or resolution that is |
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124 | 124 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
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125 | 125 | | consents to the creation of the district or to the inclusion of land |
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126 | 126 | | in the district. |
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127 | 127 | | Sec. 7909A.0306. DIVISION OF DISTRICT. (a) The district |
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128 | 128 | | may be divided into two or more new districts only if the district: |
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129 | 129 | | (1) has no outstanding bonded debt; and |
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130 | 130 | | (2) is not imposing ad valorem taxes. |
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131 | 131 | | (b) This chapter applies to any new district created by |
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132 | 132 | | division of the district, and a new district has all the powers and |
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133 | 133 | | duties of the district. |
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134 | 134 | | (c) A new district created by the division of the district |
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135 | 135 | | may not, at the time the new district is created, contain any land |
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136 | 136 | | outside the area described by Section 2 of the Act enacting this |
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137 | 137 | | chapter. |
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138 | 138 | | (d) The board, on its own motion or on receipt of a petition |
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139 | 139 | | signed by the owner or owners of a majority of the assessed value of |
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140 | 140 | | the real property in the district, may adopt an order dividing the |
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141 | 141 | | district. |
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142 | 142 | | (e) The board may adopt an order dividing the district |
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143 | 143 | | before or after the date the board holds an election under Section |
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144 | 144 | | 7909A.0103 to confirm the district's creation. |
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145 | 145 | | (f) An order dividing the district shall: |
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146 | 146 | | (1) name each new district; |
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147 | 147 | | (2) include the metes and bounds description of the |
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148 | 148 | | territory of each new district; |
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149 | 149 | | (3) appoint temporary directors for each new district; |
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150 | 150 | | and |
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151 | 151 | | (4) provide for the division of assets and liabilities |
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152 | 152 | | between the new districts. |
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153 | 153 | | (g) On or before the 30th day after the date of adoption of |
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154 | 154 | | an order dividing the district, the district shall file the order |
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155 | 155 | | with the commission and record the order in the real property |
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156 | 156 | | records of each county in which the district is located. |
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157 | 157 | | (h) Any new district created by the division of the district |
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158 | 158 | | shall hold a confirmation and directors' election as required by |
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159 | 159 | | Section 7909A.0103. If the voters of a new district do not confirm |
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160 | 160 | | the creation of the new district, the assets, obligations, |
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161 | 161 | | territory, and governance of the new district revert to the |
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162 | 162 | | original district. |
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163 | 163 | | (i) Municipal consent to the creation of the district and to |
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164 | 164 | | the inclusion of land in the district granted under Section |
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165 | 165 | | 7909A.0104 acts as municipal consent to the creation of any new |
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166 | 166 | | district created by the division of the district and to the |
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167 | 167 | | inclusion of land in the new district. |
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168 | 168 | | (j) Any new district created by the division of the district |
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169 | 169 | | must hold an election as required by this chapter to obtain voter |
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170 | 170 | | approval before the district may impose a maintenance tax or issue |
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171 | 171 | | bonds payable wholly or partly from ad valorem taxes. |
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172 | 172 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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173 | 173 | | Sec. 7909A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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174 | 174 | | The district may issue, without an election, bonds and other |
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175 | 175 | | obligations secured by: |
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176 | 176 | | (1) revenue other than ad valorem taxes; or |
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177 | 177 | | (2) contract payments described by Section |
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178 | 178 | | 7909A.0403. |
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179 | 179 | | (b) The district must hold an election in the manner |
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180 | 180 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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181 | 181 | | before the district may impose an ad valorem tax or issue bonds |
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182 | 182 | | payable from ad valorem taxes. |
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183 | 183 | | (c) The district may not issue bonds payable from ad valorem |
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184 | 184 | | taxes to finance a road project unless the issuance is approved by a |
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185 | 185 | | vote of a two-thirds majority of the district voters voting at an |
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186 | 186 | | election held for that purpose. |
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187 | 187 | | Sec. 7909A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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188 | 188 | | authorized at an election held under Section 7909A.0401, the |
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189 | 189 | | district may impose an operation and maintenance tax on taxable |
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190 | 190 | | property in the district in accordance with Section 49.107, Water |
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191 | 191 | | Code. |
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192 | 192 | | (b) The board shall determine the tax rate. The rate may not |
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193 | 193 | | exceed the rate approved at the election. |
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194 | 194 | | Sec. 7909A.0403. CONTRACT TAXES. (a) In accordance with |
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195 | 195 | | Section 49.108, Water Code, the district may impose a tax other than |
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196 | 196 | | an operation and maintenance tax and use the revenue derived from |
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197 | 197 | | the tax to make payments under a contract after the provisions of |
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198 | 198 | | the contract have been approved by a majority of the district voters |
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199 | 199 | | voting at an election held for that purpose. |
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200 | 200 | | (b) A contract approved by the district voters may contain a |
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201 | 201 | | provision stating that the contract may be modified or amended by |
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202 | 202 | | the board without further voter approval. |
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203 | 203 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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204 | 204 | | Sec. 7909A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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205 | 205 | | OBLIGATIONS. The district may issue bonds or other obligations |
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206 | 206 | | payable wholly or partly from ad valorem taxes, impact fees, |
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207 | 207 | | revenue, contract payments, grants, or other district money, or any |
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208 | 208 | | combination of those sources, to pay for any authorized district |
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209 | 209 | | purpose. |
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210 | 210 | | Sec. 7909A.0502. TAXES FOR BONDS. At the time the district |
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211 | 211 | | issues bonds payable wholly or partly from ad valorem taxes, the |
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212 | 212 | | board shall provide for the annual imposition of a continuing |
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213 | 213 | | direct ad valorem tax, without limit as to rate or amount, while all |
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214 | 214 | | or part of the bonds are outstanding as required and in the manner |
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215 | 215 | | provided by Sections 54.601 and 54.602, Water Code. |
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216 | 216 | | Sec. 7909A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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217 | 217 | | issuance, the total principal amount of bonds or other obligations |
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218 | 218 | | issued or incurred to finance road projects and payable from ad |
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219 | 219 | | valorem taxes may not exceed one-fourth of the assessed value of the |
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220 | 220 | | real property in the district. |
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221 | 221 | | SECTION 2. The Uptown Municipal Utility District No. 1 of |
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222 | 222 | | Collin County initially includes all the territory contained in the |
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223 | 223 | | following area: |
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224 | 224 | | Kiran Tract - 49.594 acres: |
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225 | 225 | | BEING A TRACT OF LAND LOCATED IN THE HENRY BENTLEY SURVEY, ABSTRACT |
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226 | 226 | | NO. 124 AND THE BENJAMIN BREWTON SURVEY, ABSTRACT NO. 125, COLLIN |
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227 | 227 | | COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND DESCRIBED IN DEED TO |
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228 | 228 | | MATTHEW D. KIRAN, RECORDED IN INSTRUMENT NO. 20070418000520430, |
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229 | 229 | | OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS (O.P.R.C.C.T.) AND |
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230 | 230 | | ALL OF A TRACT OF LAND DESCRIBED IN DEED TO MATTHEW DILLON KIRAN, |
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231 | 231 | | RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T. AND |
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232 | 232 | | BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: |
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233 | 233 | | BEGINNING AT A 1/2-INCH IRON ROD FOUND IN THE EAST RIGHT-OF-WAY LINE |
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234 | 234 | | OF FARM-TO-MARKET ROAD 455, A 90-FOOT RIGHT-OF-WAY, AT THE WEST |
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235 | 235 | | COMMON CORNER OF SAID KIRAN TRACT AND A TRACT OF LAND DESCRIBED IN |
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236 | 236 | | DEED TO MARK A. JOHNSON, RECORDED IN VOLUME 5038, PAGE 7629, DEED |
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237 | 237 | | RECORDS, COLLIN COUNTY, TEXAS; |
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238 | 238 | | THENCE NORTH 00°45'03" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A |
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239 | 239 | | DISTANCE OF 831.92 FEET TO A 5/8-INCH IRON WITH A YELLOW CAP STAMPED |
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240 | 240 | | "RPLS 5674" SET AT THE WEST COMMON CORNER OF SAID KIRAN TRACT AND A |
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241 | 241 | | TRACT OF LAND DESCRIBED IN DEED TO MOODY RHINOCEROS, LLC, RECORDED |
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242 | 242 | | IN INSTRUMENT NO. 20140606000572850, O.P.R.C.C.T.; |
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243 | 243 | | THENCE NORTH 89°16'45" EAST, ALONG THE COMMON LINE OF SAID KIRAN |
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244 | 244 | | TRACT AND SAID MOODY RHINOCEROS TRACT, A DISTANCE OF 1,315.87 FEET |
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245 | 245 | | TO A 5/8-INCH IRON WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR |
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246 | 246 | | CORNER; |
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247 | 247 | | THENCE NORTH 89°21'36" EAST, CONTINUING ALONG SAID COMMON LINE, A |
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248 | 248 | | DISTANCE OF 1,299.36 FEET TO A 1/2-INCH IRON ROD FOUND IN THE WEST |
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249 | 249 | | LINE OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA |
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250 | 250 | | STELZER, CO-TRUSTEES OF THE STELZER REVOCABLE TRUST TRACT, RECORDED |
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251 | 251 | | IN INSTRUMENT NO. 20141006001089690, O.P.R.C.C.T., AT THE EAST |
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252 | 252 | | COMMON CORNER OF SAID KIRAN TRACT AND SAID MOODY RHINOCEROS TRACT; |
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253 | 253 | | THENCE SOUTH 00°42'34" EAST, ALONG THE COMMON LINE OF SAID KIRAN |
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254 | 254 | | TRACTS AND STAID STELZER TRACT, A DISTANCE OF 831.54 FEET TO A |
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255 | 255 | | 1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID KIRAN |
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256 | 256 | | TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO JOE E. HACKNEY AND |
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257 | 257 | | WIFE, HAZEL M. HACKNEY, RECORDED IN INSTRUMENT NO. 96-0063441, |
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258 | 258 | | O.P.R.C.C.T.; |
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259 | 259 | | THENCE SOUTH 89°19'06" WEST, ALONG THE COMMON LINE OF SAID KIRAN |
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260 | 260 | | TRACT AND SAID HACKNEY TRACT, A DISTANCE OF 900.24 FEET TO A |
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261 | 261 | | 3/8-INCH IRON ROD FOUND AT THE NORTH COMMON CORNER OF SAID HACKNEY |
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262 | 262 | | TRACT AND SAID JOHNSON TRACT; |
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263 | 263 | | THENCE SOUTH 89°18'26" WEST, ALONG THE COMMON LINE OF SAID KIRAN |
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264 | 264 | | TRACT AND SAID JOHNSON TRACT, A DISTANCE OF 1,714.40 FEET TO THE |
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265 | 265 | | POINT OF BEGINNING AND CONTAINING 2,175,983 SQUARE FEET OR 49.954 |
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266 | 266 | | ACRES OF LAND, MORE OR LESS. |
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267 | 267 | | Crown Tract - 143 acres: |
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268 | 268 | | All that certain 143.93 acre tract or parcel of land situated in the |
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269 | 269 | | Collin County School Land Survey, Abstract Number 168, Thomas |
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270 | 270 | | Stayton Survey, Abstract Number 804 and the Henry Bentley Survey, |
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271 | 271 | | Abstract Number 124, County of Collin, State of Texas, said tract |
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272 | 272 | | being part of a called 26.030 acre tract as described in deed to |
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273 | 273 | | Crown S. Ltd., filed 14 December 2001, and recorded in volume 5066 |
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274 | 274 | | page 4447 of the Official Public Records of said Collin County, |
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275 | 275 | | Texas, and said tract being part of Exhibit A, a called 193.825 acre |
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276 | 276 | | tract as described in deed to Crown S. Ltd., filed 31 July 1997, and |
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277 | 277 | | recorded in volume 3966 page 2598 of said official public records, |
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278 | 278 | | and being more particularly described as follows; |
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279 | 279 | | COMMENCING at a found iron rod by a pipe fence corner post, said rod |
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280 | 280 | | being the southwest corner of said Exhibit A, same being the |
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281 | 281 | | northwest corner of a called 35.286 acre tract as described in deed |
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282 | 282 | | to Sutton Field Investments, LLC, filed 10 February 2015, and |
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283 | 283 | | recorded in Collin County Clerks #D20150210000147450 of said |
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284 | 284 | | official public records, and said rod being on the east line of |
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285 | 285 | | Tract One a called 14.88 acre tract as described in deed to Dwight |
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286 | 286 | | Shewchuck et ux, Rebecca Shewchuk, 26 June 1998, and recorded in |
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287 | 287 | | Collin County Clerks #D98-0067003 of said official public records, |
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288 | 288 | | said rod also having NAD83 NCTZ grid coordinates of N-7169022.23, |
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289 | 289 | | E-2482005.62 |
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290 | 290 | | THENCE: North 00 degrees 30 minutes 58 seconds West, with the west |
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291 | 291 | | line of said Exhibit A, and with the east line of said Shewchuk |
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292 | 292 | | tract, a distance of 852.21 feet a set 1/2 inch rebar for the POINT |
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293 | 293 | | OF BEGINNING and being the southwest corner of the tract being |
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294 | 294 | | described herein: |
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295 | 295 | | THENCE: North 00 degrees 30 minutes 58 seconds West, with the west |
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296 | 296 | | line of said Exhibit A, and generally along and near a barbed wire |
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297 | 297 | | fence, a distance of 690.83 feet to a found iron rod by a wood fence |
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298 | 298 | | corner post for an angle point in the west line of said Exhibit A, |
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299 | 299 | | same being the northeast corner of a called 10.253 acre tract as |
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300 | 300 | | described in deed to Jimmy D. Bennett and Katheleen J. Bennett, |
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301 | 301 | | filed 06 May 1997, and recorded in Collin County Clerks |
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302 | 302 | | #D97-0035479 of said official public records, same being the |
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303 | 303 | | southeast corner of Tract II, a called 7.605 acre tract as described |
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304 | 304 | | in deed to Glenn E. Hansen, filed 15 May 2008, and recorded in |
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305 | 305 | | Collin County Clerks #D20080515000592770 of said official public |
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306 | 306 | | records; |
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307 | 307 | | THENCE: North 00 degrees 32 minutes 00 seconds West, with the west |
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308 | 308 | | line of said Exhibit A, and generally along and near a barbed wire |
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309 | 309 | | fence, a distance of 1734.10 feet to a found 5/8 inch rebar by a pipe |
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310 | 310 | | fence corner post for the northwest corner of said Exhibit A, same |
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311 | 311 | | being the occupied southwest corner of said 26.030 acre tract, and |
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312 | 312 | | said rebar being the northeast corner of a called 7.004 acre tract |
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313 | 313 | | as described in deed to Greg Mims and Pam Mims, filed 04 June 2015, |
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314 | 314 | | and recorded in Collin County Clerks #D20150604000659940 of said |
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315 | 315 | | official public records, same being the southeast corner of a |
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316 | 316 | | called 10.012 acre tract as described in deed to W. G. Cullum & |
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317 | 317 | | Company Ltd. filed 15 December 2015, and recorded in Collin County |
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318 | 318 | | Clerks #D20151215001560240 of said official public records; |
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319 | 319 | | THENCE: North 00 degrees 31 minutes 54 seconds East, with the west |
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320 | 320 | | line of said 26.030 acre tract, and generally along and near a |
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321 | 321 | | barbed wire fence, a distance of 439.87 feet to a found capped iron |
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322 | 322 | | rod by a pipe fence corner post for the northwest corner of said |
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323 | 323 | | 26.030 acre tract, same being the southwest corner of a called |
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324 | 324 | | 16.090 acre tract as described in deed to Scot H. Mcdonald et ux, |
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325 | 325 | | Jill C. McDonald, filed 14 December 2001, and recorded in Collin |
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326 | 326 | | County Clerks #D2001-0161490 of said official public records; |
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327 | 327 | | THENCE: North 88 degrees 46 minutes 33 seconds East, with the north |
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328 | 328 | | line of said 26.030 acre tract, and with a barbed wire fence, and |
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329 | 329 | | passing at 2595.47 feet a pipe fence corner post on the west side of |
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330 | 330 | | Farm to Market Road Number 455, and continuing on said course a |
---|
331 | 331 | | total distance of 2597.47 feet to a found capped iron rod with a |
---|
332 | 332 | | plastic cap marked RPLS 1849 on the west right of way tine of said |
---|
333 | 333 | | road for the northeast corner of this tract, same being the |
---|
334 | 334 | | northeast corner of said 26.030 acre tract, and said rod being the |
---|
335 | 335 | | southeast corner of a called 10.037 acre tract as described in deed |
---|
336 | 336 | | to Raju Gadirajy and Feng-Tzu Tsai, filed 14 June 2004, and recorded |
---|
337 | 337 | | in Collin County Clerks #D2004-0086243 of said official public |
---|
338 | 338 | | records; |
---|
339 | 339 | | THENCE: South 00 degrees 14 minutes 10 seconds East, with the west |
---|
340 | 340 | | line of said road, a distance of 417.70 feet to a set 1/2 inch rebar |
---|
341 | 341 | | for a corner of this tract; |
---|
342 | 342 | | THENCE: South 88 degrees 50 minutes 08 seconds West, and passing at |
---|
343 | 343 | | 450.61 feet a set 1/2 inch rebar, and continuing on said course a |
---|
344 | 344 | | total distance of 633.56 feet to a set 1/2 inch rebar for an ell |
---|
345 | 345 | | corner of this tract; |
---|
346 | 346 | | THENCE: South 00 degrees 44 minutes 17 seconds East, a distance of |
---|
347 | 347 | | 817.09 feet to a set 1/2 inch rebar for an ell corner of this tract; |
---|
348 | 348 | | THENCE: South 88 degrees 45 minutes 36 seconds East, and passing at |
---|
349 | 349 | | 120.6 feet a set 1/2 inch rebar, and continuing on said course, and |
---|
350 | 350 | | passing at 140.6 feet a pipe fence corner post, and continuing on |
---|
351 | 351 | | said course with a pipe fence, and passing at 631.77 feet a pipe |
---|
352 | 352 | | fence corner post on the west side of said road, and continuing on |
---|
353 | 353 | | said course a total distance of 633.07 feet to a set 1/2 inch rebar |
---|
354 | 354 | | on the west right of way line of said road for a corner of this |
---|
355 | 355 | | tract; |
---|
356 | 356 | | THENCE: South 00 degrees 44 minutes 17 seconds East, with the west |
---|
357 | 357 | | line of said road, a distance of 719.40 feet to a found concrete |
---|
358 | 358 | | highway monument for a corner of this tract, said monument being the |
---|
359 | 359 | | north corner of a called 0.5112 acre tract as described in deed to |
---|
360 | 360 | | State of Texas, filed 03 April 2017, and recorded in Collin County |
---|
361 | 361 | | Clerks #D2017043000416890 of said official public records; |
---|
362 | 362 | | THENCE: South 06 degrees 53 minutes 35 seconds West, with the west |
---|
363 | 363 | | line of said road, and with the west line of said State of Texas |
---|
364 | 364 | | tract, a distance of 55.53 feet to a set 1/2 inch rebar for the most |
---|
365 | 365 | | easterly southeast corner of this tract, from said rebar a found |
---|
366 | 366 | | capped iron rod bears North 89 degrees 59 minutes 15 seconds East, a |
---|
367 | 367 | | distance of 7.4 feet; |
---|
368 | 368 | | THENCE: North 89 degrees 46 minutes 54 seconds West, and passing at |
---|
369 | 369 | | 0.9 feet a pipe fence corner post, and continuing on said course, |
---|
370 | 370 | | with a barbed wire fence, a total distance of 571.78 feet to a pipe |
---|
371 | 371 | | fence corner post of an inner ell corner of this tract; |
---|
372 | 372 | | THENCE: South 05 degrees 25 minutes 28 seconds West, with a barbed |
---|
373 | 373 | | wire fence, a distance of 562.01 feet to a pipe fence corner post |
---|
374 | 374 | | for the most southerly southeast corner of this tract; |
---|
375 | 375 | | THENCE: South 73 degrees 44 minutes 30 seconds West, with a barbed |
---|
376 | 376 | | wire fence, a distance of 982.13 feet to a pipe fence corner post |
---|
377 | 377 | | for an angle point of this tract; |
---|
378 | 378 | | THENCE: South 84 degrees 56 minutes 30 seconds West, with a barbed |
---|
379 | 379 | | wire fence, a distance of 804.70 feet to a pipe fence corner post |
---|
380 | 380 | | for an angle point of this tract; |
---|
381 | 381 | | THENCE: North 85 degrees 09 minutes 45 seconds West, with a barbed |
---|
382 | 382 | | wire fence, and passing at 221.95 feet a pipe fence corner post, and |
---|
383 | 383 | | continuing on said course a total distance of 224.41 feet to the |
---|
384 | 384 | | PONT OF BEGNNNG and containing 143.93 acres of land. |
---|
385 | 385 | | Dickerson Tract: |
---|
386 | 386 | | BEING a tract of land situated in the Thomas Stayton Survey, |
---|
387 | 387 | | Abstract No. 805 Collin County, Texas and being part of a called |
---|
388 | 388 | | 54.809 acre tract conveyed to Lewis Dickerson as recorded in County |
---|
389 | 389 | | Clerks No. 2010051000463340, Land Records of Collin County, Texas, |
---|
390 | 390 | | and being more particularly described in metes and bounds as |
---|
391 | 391 | | follows: |
---|
392 | 392 | | BEGINNING at a 1/2" iron rod with yellow plastic capped |
---|
393 | 393 | | stamped "4613" set for corner in the west line of said 54.809 acre |
---|
394 | 394 | | tract, said iron rod being S 00°02'11" W a distance of 185.72' from a |
---|
395 | 395 | | 1/2" iron rod found for the northwest corner of said 54.809 acres; |
---|
396 | 396 | | THENCE N 89°04'55" E a distance of 1400.14' to a mag nail set |
---|
397 | 397 | | for corner in the east line of said 54.809 acre tract, said nail |
---|
398 | 398 | | being in Business No. 289; |
---|
399 | 399 | | THENCE S 00°44'54" W veeering west from the road a distance of |
---|
400 | 400 | | 1770.34' to a point for corner; |
---|
401 | 401 | | THENCE S 11°19'55" W a distance of 534.39' to a point for |
---|
402 | 402 | | corner; |
---|
403 | 403 | | THENCE S 89°34'57" W a distance of 28.22' to a point for |
---|
404 | 404 | | corner; |
---|
405 | 405 | | THENCE N 10°32'31" E a distance of 695.27' to a point for |
---|
406 | 406 | | corner; |
---|
407 | 407 | | THENCE N 01°09'28" a distance of 121.00' to a wood fence post |
---|
408 | 408 | | found for corner; |
---|
409 | 409 | | THENCE S 89°10'28" W a distance of 1110.80' to a wood fence |
---|
410 | 410 | | post found for corner; |
---|
411 | 411 | | THENCE N 57°00'00" W a distance of 300.66' to a wood fence post |
---|
412 | 412 | | found for corner; |
---|
413 | 413 | | THENCE N 00°10'07" W a distance of 262.10' to a 1/2" iron rod |
---|
414 | 414 | | with yellow plastic capped stamped "4613" set for corner; |
---|
415 | 415 | | THENCE N 00°39'54" W a distance of 843.67' to a wood fence post |
---|
416 | 416 | | found for corner; |
---|
417 | 417 | | THENCE N 00°02'11" E a distance of 213.97' to the POINT OF |
---|
418 | 418 | | BEGINNING and containing 2,060,807 Square Feet or 47.310 Acres of |
---|
419 | 419 | | land. |
---|
420 | 420 | | Stelzer Tract - 161.383 acres: |
---|
421 | 421 | | BEING A TRACT OF LAND LOCATED IN THE T. & P. RAILWAY CO. SURVEY, |
---|
422 | 422 | | ABSTRACT NO. 932, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF |
---|
423 | 423 | | LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA STELZER, |
---|
424 | 424 | | CO-TRUSTEES OF THE STELZER REVOCABLE TRUST, RECORDED IN INSTRUMENT |
---|
425 | 425 | | NO. 20141006001089690, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, |
---|
426 | 426 | | TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY DESCRIBED AS |
---|
427 | 427 | | FOLLOWS: |
---|
428 | 428 | | BEGINNING AT AN 8-INCH WOOD FENCE POST FOUND IN THE EAST LINE OF A |
---|
429 | 429 | | TRACT OF LAND DESCRIBED IN DEED TO OLD CELINA, LTD., RECORDED IN |
---|
430 | 430 | | INSTRUMENT NO. 20180323000355690, O.P.R.C.C.T., AT THE SOUTHWEST |
---|
431 | 431 | | CORNER OF SAID STELZER TRACT AND THE NORTHWEST CORNER OF A TRACT OF |
---|
432 | 432 | | LAND DESCRIBED IN DEED TO JARRELL DWAIN GRAY, RECORDED IN |
---|
433 | 433 | | INSTRUMENT NO. 20090105000007700, O.P.R.C.C.T.; |
---|
434 | 434 | | THENCE NORTH 00°04'16" WEST, A DISTANCE OF 319.32 FEET TO A 3/8-INCH |
---|
435 | 435 | | IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID OLD CELINA TRACT |
---|
436 | 436 | | AND A TRACT OF LAND DESCRIBED IN DEED TO JOE E. HACKNEY AND WIFE, |
---|
437 | 437 | | HAZEL M. HACKNEY, RECORDED IN INSTRUMENT NO. 96-0063441, |
---|
438 | 438 | | O.P.R.C.C.T.; |
---|
439 | 439 | | THENCE NORTH 00°31'51" WEST, A DISTANCE OF 479.09 FEET TO A 1/2-INCH |
---|
440 | 440 | | IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID HACKNEY TRACT AND A |
---|
441 | 441 | | TRACT OF LAND DESCRIBED IN DEED TO MATTHEW D. KIRAN, RECORDED IN |
---|
442 | 442 | | INSTRUMENT NO. 20070418000520430, O.P.R.C.C.T.; |
---|
443 | 443 | | THENCE NORTH 00°42'34" WEST, ALONG THE EAST LINE OF SAID KIRAN TRACT |
---|
444 | 444 | | AND ANOTHER TRACT DESCRIBED IN DEED TO MATTHEW DILLON KIRAN, |
---|
445 | 445 | | RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T., A |
---|
446 | 446 | | DISTANCE OF 831.54 FEET TO A 1/2-INCH IRON ROD FOUND AT THE EAST |
---|
447 | 447 | | COMMON CORNER OF SAID KIRAN TRACT AND A TRACT OF LAND DESCRIBED IN |
---|
448 | 448 | | DEED TO MOODY RHINOCEROS, LLC, RECORDED IN INSTRUMENT NO. |
---|
449 | 449 | | 20140606000572850, D.R.C.C.T.; |
---|
450 | 450 | | THENCE NORTH 00°07'00" EAST, ALONG THE EAST LINE OF SAID MOODY |
---|
451 | 451 | | RHINOCEROS TRACT, PASSING AT A DISTANCE OF 1,107.23 FEET A 3/4-INCH |
---|
452 | 452 | | IRON ROD FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED |
---|
453 | 453 | | IN DEED TO KIM CANNADY LEE, RECORDED IN VOLUME 4840, PAGE 1743, DEED |
---|
454 | 454 | | RECORDS, COLLIN COUNTY, TEXAS (D.R.C.C.T.), AND CONTINUING FOR A |
---|
455 | 455 | | TOTAL DISTANCE OF 1,120.03 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW |
---|
456 | 456 | | CAP STAMPED "RPLS 5674" SET NEAR THE SOUTHWEST EDGE OF PAVING OF |
---|
457 | 457 | | COUNTY ROAD 57 AT THE NORTHWEST CORNER OF SAID STELZER TRACT AND THE |
---|
458 | 458 | | SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO OLD CELINA, |
---|
459 | 459 | | LTD., RECORDED IN INSTRUMENT NO. 20140501000426500, O.P.R.C.C.T., |
---|
460 | 460 | | FROM WHICH A 1/2-INCH IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID |
---|
461 | 461 | | LEE TRACT BEARS NORTH 01°02'23"WEST, A DISTANCE OF 570.99 FEET; |
---|
462 | 462 | | THENCE NORTH 89°35'24" EAST, ALONG SAID COUNTY ROAD 57 AND THE NORTH |
---|
463 | 463 | | LINE OF SAID STELZER TRACT, A DISTANCE OF 2,631.96 FEET TO A |
---|
464 | 464 | | 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET FOR |
---|
465 | 465 | | CORNER IN THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN DEED TO OLD |
---|
466 | 466 | | CELINA , LTD., RECORDED IN INSTRUMENT NO. 20060815001168150, |
---|
467 | 467 | | O.P.R.C.C.T., AT THE NORTH COMMON CORNER OF SAID STELZER TRACT AND A |
---|
468 | 468 | | TRACT OF LAND DESCRIBED AS TRACT III IN DEED TO G BAR 7, LTD., |
---|
469 | 469 | | RECORDED IN VOLUME 5850, PAGE 990, D.R.C.C.T., FROM WHICH A |
---|
470 | 470 | | 3/8-INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID OLD CELINA |
---|
471 | 471 | | TRACT BEARS NORTH 89°35'24" EAST, A DISTANCE OF 682.05 FEET; |
---|
472 | 472 | | THENCE SOUTH 00°12'44" EAST, LEAVING THE SOUTH LINE OF SAID OLD |
---|
473 | 473 | | CELINA TRACT AND ALONG SAID COUNTY ROAD 57 AND THE EAST LINE OF SAID |
---|
474 | 474 | | STELZER TRACT, A DISTANCE OF 852.17 FEET TO A MAG NAIL SET AT THE |
---|
475 | 475 | | NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF |
---|
476 | 476 | | CELINA, TEXAS, RECORDED IN VOLUME 481, PAGE 230, D.R.C.C.T.; |
---|
477 | 477 | | THENCE NORTH 87°15'44" WEST, LEAVING SAID COUNTY ROAD 57 AND SAID |
---|
478 | 478 | | EAST LINE OF THE STELZER TRACT, A DISTANCE OF 450.00 FEET TO A |
---|
479 | 479 | | 5/8-INCH IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE |
---|
480 | 480 | | NORTHWEST CORNER OF SAID CITY OF CELINA TRACT; |
---|
481 | 481 | | THENCE SOUTH 00°12'44" EAST, A DISTANCE OF 485.30 FEET TO A 5/8-INCH |
---|
482 | 482 | | IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE SOUTHWEST |
---|
483 | 483 | | CORNER OF SAID CITY OF CELINA TRACT; |
---|
484 | 484 | | THENCE SOUTH 87°15'44" EAST, A DISTANCE OF 450.00 FEET TO A MAG NAIL |
---|
485 | 485 | | SET IN SAID COUNTY ROAD 57 AND SAID EAST LINE OF THE STELZER TRACT AT |
---|
486 | 486 | | THE SOUTHEAST CORNER OF SAID CITY OF CELINA TRACT; |
---|
487 | 487 | | THENCE SOUTH 00°12'44" EAST, ALONG SAID COUNTY ROAD 57 AND SAID EAST |
---|
488 | 488 | | LINE OF THE STELZER TRACT, A DISTANCE OF 1,420.00 FEET TO A MAG NAIL |
---|
489 | 489 | | SET AT THE SOUTHEAST CORNER OF SAID STELZER TRACT; |
---|
490 | 490 | | THENCE SOUTH 89°56'13" WEST, LEAVING SAID COUNTY ROAD 57, PASSING AT |
---|
491 | 491 | | A DISTANCE OF 205.83 FEET A 5/8-INCH IRON ROD FOUND AT THE NORTH |
---|
492 | 492 | | COMMON CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO J.B. STELZER |
---|
493 | 493 | | AND WIFE FRANCES B. STELZER, RECORDED IN INSTRUMENT NO. |
---|
494 | 494 | | 19710125077403730, D.R.C.C.T., AND LOT 23 OF WILLOCK HILL ADDITION |
---|
495 | 495 | | AMENDED PLAT, AN ADDITION TO THE CITY OF CELINA, COLLIN COUNTY, |
---|
496 | 496 | | TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET H, SLIDE |
---|
497 | 497 | | 160, MAP RECORDS, COLLIN COUNTY, TEXAS, AND CONTINUING FOR A TOTAL |
---|
498 | 498 | | DISTANCE OF 605.83 FEET TO THE NORTH COMMON CORNER OF LOTS 11 AND 23 |
---|
499 | 499 | | OF SAID ADDITION, FROM WHICH A 1/2-INCH IRON ROD FOUND WITH A CAP |
---|
500 | 500 | | STAMPED "RPLS 2818" BEARS SOUTH 09°19'53" EAST, A DISTANCE OF 0.46 |
---|
501 | 501 | | FEET; |
---|
502 | 502 | | THENCE SOUTH 89°51'02" WEST, A DISTANCE OF 358.80 FEET TO A 5/8-INCH |
---|
503 | 503 | | IRON ROD WITH A YELLOW CAP STAMPED "RPLS 5674" SET AT THE NORTH |
---|
504 | 504 | | COMMON CORNER OF LOTS 10 AND 11 OF SAID ADDITION; |
---|
505 | 505 | | THENCE SOUTH 89°41'02" WEST, A DISTANCE OF 380.00 FEET TO A 1/2-INCH |
---|
506 | 506 | | IRON ROD WITH CAP STAMPED "RPLS 2818" FOUND AT THE NORTH COMMON |
---|
507 | 507 | | CORNER OF SAID ADDITION AND SAID GRAY TRACT; |
---|
508 | 508 | | THENCE SOUTH 89°39'42" WEST, A DISTANCE OF 1,284.65 FEET TO THE |
---|
509 | 509 | | POINT OF BEGINNING AND CONTAINING 7,029,841 SQUARE FEET OR 161.383 |
---|
510 | 510 | | ACRES OF LAND, MORE OR LESS. |
---|
511 | 511 | | Johnson Tract - 18.954 acres: |
---|
512 | 512 | | BEING A TRACT OF LAND LOCATED IN THE HENRY BENTLEY SURVEY, ABSTRACT |
---|
513 | 513 | | NO. 124, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND |
---|
514 | 514 | | DESCRIBED IN DEED TO MARK S. JOHNSON, RECORDED IN VOLUME 5038, PAGE |
---|
515 | 515 | | 7629, DEED RECORDS, COLLIN COUNTY, TEXAS AND BEING MORE |
---|
516 | 516 | | PARTICULARLY DESCRIBED AS FOLLOWS: |
---|
517 | 517 | | BEGINNING AT A 1/2-INCH IRON ROD FOUND IN THE EXISTING EAST |
---|
518 | 518 | | RIGHT-OF-WAY LINE OF FARM-TO-MARKET ROAD (FM) 455, A VARIABLE WIDTH |
---|
519 | 519 | | RIGHT-OF-WAY, AT THE WEST COMMON CORNER OF SAID JOHNSON TRACT AND A |
---|
520 | 520 | | TRACT OF LAND DESCRIBED IN DEED TO MATTHEW D. KIRAN, RECORDED IN |
---|
521 | 521 | | INSTRUMENT NO. 20070418000520430, OFFICIAL PUBLIC RECORDS, COLLIN |
---|
522 | 522 | | COUNTY, TEXAS (O.P.R.C.C.T.); |
---|
523 | 523 | | THENCE NORTH 89°18'26" EAST,LEAVING SAID EAST RIGHT-OF-WAY LINE AND |
---|
524 | 524 | | ALONG THE COMMON LINE OF SAID JOHNSON TRACT AND SAID KIRAN TRACT, A |
---|
525 | 525 | | DISTANCE OF 1,714.40 FEET TO A 3/8-INCH IRON ROD FOUND AT THE NORTH |
---|
526 | 526 | | COMMON CORNER OF SAID JOHNSON TRACT AND A TRACT OF LAND DESCRIBED IN |
---|
527 | 527 | | DEED TO JOE E. HACKNEY AND WIFE, HAZEL M. HACKNEY, RECORDED IN |
---|
528 | 528 | | INSTRUMENT NO. 96-0063441, O.P.R.C.C.T., FROM WHICH A 1/2-INCH IRON |
---|
529 | 529 | | ROD FOUND AT THE EAST COMMON CORNER OF SAID KIRAN TRACT AND SAID |
---|
530 | 530 | | HACKNEY TRACT BEARS NORTH 89°19'06" EAST, A DISTANCE OF 900.24 FEET; |
---|
531 | 531 | | THENCE SOUTH 00°39'47" WEST, ALONG THE COMMON LINE OF SAID JOHNSON |
---|
532 | 532 | | TRACT AND SAID HACKNEY TRACT, A DISTANCE OF 476.67 FEET TO A |
---|
533 | 533 | | 1/2-INCH IRON ROD FOUND IN THE NORTH LINE OF A TRACT OF LAND |
---|
534 | 534 | | DESCRIBED IN DEED TO OLD CELINA, LTD., RECORDED IN INSTRUMENT NO. |
---|
535 | 535 | | 20180323000355690, O.P.R.C.C.T., AT THE SOUTH COMMON CORNER OF SAID |
---|
536 | 536 | | JOHNSON TRACT AND SAID HACKNEY TRACT, FROM WHICH A 3/8-INCH IRON ROD |
---|
537 | 537 | | FOUND AT THE EAST COMMON CORNER OF SAID HACKNEY TRACT AND SAID OLD |
---|
538 | 538 | | CELINA TRACT BEARS NORTH 89°28'43" EAST, A DISTANCE OF 910.17 FEET; |
---|
539 | 539 | | THENCE SOUTH 87°38'51" WEST, ALONG THE COMMON LINE OF SAID JOHNSON |
---|
540 | 540 | | TRACT AND THE OLD CELINA TRACT, A DISTANCE OF 58.03 FEET TO A |
---|
541 | 541 | | 1/2-IRON ROD FOUND AT THE NORTH COMMON CORNER OF SAID OLD CELINA |
---|
542 | 542 | | TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO CELINA 428, L.P., |
---|
543 | 543 | | RECORDED IN INSTRUMENT NO. 20070222000245920, O.P.R.C.C.T.; |
---|
544 | 544 | | THENCE SOUTH 88°35'59" WEST, ALONG THE COMMON LINE OF SAID JOHNSON |
---|
545 | 545 | | TRACT AND SAID CELINA 428 TRACT, A DISTANCE OF 589.16 FEET TO A |
---|
546 | 546 | | 1/2-INCH IRON ROD WITH A YELLOW CAP (ILLEGIBLE) FOUND AT THE NORTH |
---|
547 | 547 | | COMMON CORNER OF SAID CELINA 428 TRACT AND TRACT OF LAND DESCRIBED |
---|
548 | 548 | | IN DEED TO JC GOODMA NINVESTMENT GROUP, INC., RECORDED IN |
---|
549 | 549 | | INSTRUMENT NO. 20200115000063450, O.P.R.C.C.T.; |
---|
550 | 550 | | THENCE SOUTH 88°39'24" WEST, ALONG THE COMMON LINE OF SAID JOHNSON |
---|
551 | 551 | | TRACT AND SAID JC GOODMAN INVESTMENT GROUP TRACT, A DISTANCE OF |
---|
552 | 552 | | 1,015.89 FEET TO A 5/8 INCH IRON ROD WITH A PINK PLASTIC CAP STAMPED |
---|
553 | 553 | | "TXDOT" FOUND IN THE NEW EAST RIGHT-OF-WAY LINE OF SAID FM 455 AS |
---|
554 | 554 | | ESTABLISHED BY DEED TO THE STATE OF TEXAS, RECORDED IN INSTRUMENT |
---|
555 | 555 | | NO. 2017013000470220, O.P.R.C.C.T.; |
---|
556 | 556 | | THENCE NORTH 06°44'04" WEST, ALONG SAID NEW EAST RIGHT-OF-WAY LINE, |
---|
557 | 557 | | A DISTANCE OF 381.29 FEET TO A 5/8 INCH IRON ROD WITH A PINK PLASTIC |
---|
558 | 558 | | CAP STAMPED "TXDOT" FOUND FOR CORNER IN THE EXISTING EAST |
---|
559 | 559 | | RIGHT-OF-WAY LINE OF SAID FM 544; |
---|
560 | 560 | | THENCE NORTH 00°43'02" WEST, ALONG SAID EXISTING EAST RIGHT-OF-WAY |
---|
561 | 561 | | LINE, A DISTANCE OF 117.86 FEET TO THE POINT OF BEGINNING AND |
---|
562 | 562 | | CONTAINING 825,624 SQUARE FEET OR 18.954 ACRES OF LAND, MORE OR |
---|
563 | 563 | | LESS. |
---|
564 | 564 | | GBar Tract - 76.224 acres: |
---|
565 | 565 | | Being a tract of land situated in the Thomas Stayton Survey, |
---|
566 | 566 | | Abstract No. 805, Collin County, Texas and being the remainder of a |
---|
567 | 567 | | called 79 acre tract of land (Tract III) described in Deed to G Bar |
---|
568 | 568 | | 7, LTD. as recorded in Document No. 2005-0015684 of the Official |
---|
569 | 569 | | Public Real Property Records of Collin County, Texas, and being |
---|
570 | 570 | | more particularly described herein as follows: |
---|
571 | 571 | | BEGINNING at a "Mag" spike set in County Road 57 (a public road) and |
---|
572 | 572 | | in the East line of a called 160 acres tract of land described in |
---|
573 | 573 | | Deed to Billy Stelzer and Julia Stelzer as recorded in Instrument |
---|
574 | 574 | | No. 20141006001089690 of the Official Public Records of Collin |
---|
575 | 575 | | County, Texas for the Southwest corner of said Tract III; |
---|
576 | 576 | | THENCE North 00 degrees 01 minutes 22 seconds East, with the West |
---|
577 | 577 | | line of said Tract III, along said County Road 57, passing the |
---|
578 | 578 | | Southeast corner of a called 5.00 acres tract of land described in |
---|
579 | 579 | | Deed to the City of Celina as recorded in Volume 481, Page 230 of |
---|
580 | 580 | | said Deed Records, continuing with the West line of said Tract III |
---|
581 | 581 | | and the East line of said City of Celina tract, passing the |
---|
582 | 582 | | Northeast corner thereof and continuing for a total distance of |
---|
583 | 583 | | 2,484.46 feet to a 5/8 inch iron rod with plastic cap stamped "PLS, |
---|
584 | 584 | | INC" (typical) set on the Northeast side of a bend in said County |
---|
585 | 585 | | Road 57 for the Northwest corner of said Tract III, and being in the |
---|
586 | 586 | | South line of a called 52.039 acre tract of land described in Deed |
---|
587 | 587 | | to Old Celina, LTD. as recorded in Instrument No. 20060815001168150 |
---|
588 | 588 | | of said Official Public Records; |
---|
589 | 589 | | THENCE North 89 degrees 45 minutes 53 seconds East, with the North |
---|
590 | 590 | | line of said Tract III, passing the Southeast corner of said 52.039 |
---|
591 | 591 | | acre tract and the Southwest corner of a called 50.363 acres tract |
---|
592 | 592 | | of land described in Deed to Celina 50, LLC as recorded in |
---|
593 | 593 | | Instrument No. 20190610000659920 of said Official Public Records, |
---|
594 | 594 | | and continuing for a total distance of 1,385.31 feet to a 3/8 inch |
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595 | 595 | | iron rod found for the Northeast corner of said Tract III and the |
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596 | 596 | | Northwest corner of a called 54.804 acres tract of land (Tract Two) |
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597 | 597 | | described in Deed to Dorothy Stambaugh and Lewis Dickerson as |
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598 | 598 | | recorded in Instrument No. 20100510000463340 of said Official |
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599 | 599 | | Public Records; |
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600 | 600 | | THENCE with the East line of said Tract III and the West line of said |
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601 | 601 | | Stambough tract, along and near an established fence line, the |
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602 | 602 | | following courses and distances: |
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603 | 603 | | South 00 degrees 39 minutes 47 seconds East, a distance of |
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604 | 604 | | 174.67 feet to a 5/8 inch iron rod set for corner; |
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605 | 605 | | South 02 degrees 33 minutes 05 seconds West, a distance of |
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606 | 606 | | 145.60 feet to a 5/8 inch iron rod set for corner; |
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607 | 607 | | South 02 degrees 09 minutes 55 seconds East, a distance of |
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608 | 608 | | 198.50 feet to a 5/8 inch iron rod set for corner; |
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609 | 609 | | South 00 degrees 24 minutes 55 seconds East, a distance of |
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610 | 610 | | 725.00 feet to a 5/8 inch iron rod set for corner; |
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611 | 611 | | South 00 degrees 09 minutes 55 seconds East, a distance of |
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612 | 612 | | 262.10 feet to a cross-tie fence corner post found for the Southwest |
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613 | 613 | | corner of said Stambough tract and the Northwest corner of Lot 1, |
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614 | 614 | | Block A of Celina 22 Addition recorded in Instrument |
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615 | 615 | | 20200128010000450 of said Official Public Records; |
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616 | 616 | | THENCE South 00 degrees 01 minutes 02 seconds West, with the East |
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617 | 617 | | line of said Tract III and the West line of Lot 1, passing the |
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618 | 618 | | Southwest corner of said Lot 1 and the Northwest corner of Lot 2, |
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619 | 619 | | Block A of said Celina 22 Addition, and continuing for a total |
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620 | 620 | | distance of 672.08 feet to a 1/2 inch iron rod found for the |
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621 | 621 | | Southwest corner of said Lot 2 and the Northwest corner of Lot 1, |
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622 | 622 | | Block 1 of Snyder Addition as recorded in Instrument |
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623 | 623 | | No. 20060511010001920 of said Official Public Records; |
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624 | 624 | | THENCE South 00 degrees 08 minutes 55 seconds West, with the East |
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625 | 625 | | line of said Tract III and the West line of said Snyder Addition, a |
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626 | 626 | | distance of 297.31 feet to a 1/2 inch iron rod found in the North |
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627 | 627 | | line of a 30 foot alleyway for the Southeast corner of said Tract |
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628 | 628 | | III and the Southwest corner of said Snyder Addition; |
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629 | 629 | | THENCE South 89 degrees 29 minutes 39 seconds West, with the South |
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630 | 630 | | line of said Tract III and the North line of said 30 foot alleyway, a |
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631 | 631 | | distance of 100.03 feet to a 1/2 inch iron rod found for the |
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632 | 632 | | Southeast corner of a called 3.00 acres tract of land described in |
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633 | 633 | | Deed to Whitney Elliot and Marc Elliot as recorded in Instrument |
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634 | 634 | | No. 20181228001576130 of said Official Public Records; |
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635 | 635 | | THENCE North 00 degrees 31 minutes 41 seconds West, with the East |
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636 | 636 | | line of said Elliot tract, a distance of 315.13 feet to a 1/2 inch |
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637 | 637 | | capped iron rod found for the Northeast corner of said Elliot tract; |
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638 | 638 | | THENCE South 89 degrees 20 minutes 47 seconds West, with the North |
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639 | 639 | | line of said Elliot tract, a distance of 414.83 feet to a 5/8 inch |
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640 | 640 | | iron rod set for the Northwest corner of said Elliot tract; |
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641 | 641 | | THENCE South 00 degrees 31 minutes 41 seconds East, with the West |
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642 | 642 | | line of said Elliot tract, a distance of 314.99 feet to a 5/8 inch |
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643 | 643 | | iron rod set in the South line of said Tract III and the North line |
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644 | 644 | | of said 30 foot alleyway for the Southwest corner of said Elliot |
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645 | 645 | | tract; |
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646 | 646 | | THENCE South 89 degrees 21 minutes 57 seconds West, with the South |
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647 | 647 | | line of said Tract III, a distance of 879.59 feet to the POINT OF |
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648 | 648 | | BEGINNING and containing, within the metes and bounds herein |
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649 | 649 | | recited, 76.224 acres of land, more or less. |
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650 | 650 | | HACKNEY TRACT - 9.929 ACRES |
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651 | 651 | | BEING A TRACT OF LAND LOCATED IN THE HENRY BENTLEY SURVEY, ABSTRACT |
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652 | 652 | | NO. 124, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF LAND |
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653 | 653 | | DESCRIBED IN DEED TO JOE E. HACKNEY AND WIFE, HAZEL M. HACKNEY, |
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654 | 654 | | RECORDED IN INSTRUMENT NO. 96-0063441, OFFICIAL PUBLIC RECORDS, |
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655 | 655 | | COLLIN COUNTY, TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY |
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656 | 656 | | DESCRIBED AS FOLLOWS: |
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657 | 657 | | BEGINNING AT A 3/8-INCH IRON ROD FOUND IN THE SOUTH LINE OF A TRACT |
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658 | 658 | | OF LAND DESCRIBED IN DEED TO MATTHEW D. KIRAN, RECORDED IN |
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659 | 659 | | INSTRUMENT NO. 20070418000520430, O.P.R.C.C.T., AT THE NORTH |
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660 | 660 | | COMMON CORNER OF SAID HACKNEY TRACT AND A TRACT OF LAND DESCRIBED IN |
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661 | 661 | | DEED TO MARK A. JOHNSON, RECORDED IN VOLUME 5038, PAGE 7629, DEED |
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662 | 662 | | RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH A 1/2-INCH IRON ROD FOUND |
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663 | 663 | | IN THE EAST RIGHT-OF-WAY LINE OF FARM-TO-MARKET ROAD 455, A 90-FOOT |
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664 | 664 | | RIGHT-OF-WAY, AT THE WEST COMMON CORNER OF SAID JOHNSON TRACT AND |
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665 | 665 | | AND SAID KIRAN TRACT BEARS SOUTH 89°18'26" WEST, A DISTANCE OF |
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666 | 666 | | 1714.40 FEET; |
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667 | 667 | | THENCE NORTH 89°19'06" EAST, A DISTANCE OF 900.24 FEET TO A 1/2-INCH |
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668 | 668 | | IRON ROD FOUND IN THE WEST LINE OF A TRACT OF LAND DESCRIBED IN DEED |
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669 | 669 | | TO BILLY STELZER AND JULIA STELZER, CO-TRUSTEES OF THE STELZER |
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670 | 670 | | REVOCABLE TRUST, RECORDED IN INSTRUMENT NO. 20141006001089690, |
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671 | 671 | | O.P.R.C.C.T. AT THE EAST COMMON CORNER OF SAID HACKNEY TRACT AND |
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672 | 672 | | SAID KIRAN TRACT, FROM WHICH A 1/2-INCH IRON ROD FOUND AT THE |
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673 | 673 | | NORTHEAST CORNER OF THE KIRAN TRACT BEARS NORTH 00°42'34" WEST, A |
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674 | 674 | | DISTANCE OF 831.54 FEET; |
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675 | 675 | | THENCE SOUTH 00°31'51" EAST, ALONG THE COMMON LINE OF SAID HACKNEY |
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676 | 676 | | TRACT AND SAID STELZER TRACT, A DISTANCE OF 479.09 FEET TO A |
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677 | 677 | | 3/8-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID HACKNEY |
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678 | 678 | | TRACT AND A TRACT OF LAND DESCRIBED IN DEED TO OLD CELINA LTD., |
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679 | 679 | | RECORDED IN INSTRUMENT NO. 20180323000355690, O.P.R.C.C.T.; |
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680 | 680 | | THENCE SOUTH 89°28'43" WEST, A DISTANCE OF 910.17 FEET TO A 3/8-INCH |
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681 | 681 | | IRON ROD FOUND AT THE WEST COMMON CORNER OF SAID HACKNEY TRACT AND |
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682 | 682 | | SAID OLD CELINA TRACT, SAME BEING THE SOUTH COMMON CORNER OF SAID |
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683 | 683 | | HACKENY TRACT AND SAID JOHNSON TRACT, FROM WHICH A 1/2-INCH IRON ROD |
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684 | 684 | | FOUND AT THE NORTHWEST CORNER OF THE OLD CELINA TRACT BEARS SOUTH |
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685 | 685 | | 87°38'51" WEST, A DISTANCE OF 58.03 FEET; |
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686 | 686 | | THENCE NORTH 00°39'47" EAST, A DISTANCE OF 476.67 FEET TO THE POINT |
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687 | 687 | | OF BEGINNING AND CONTAINING 432,525 SQUARE FEET OR 9.929 ACRES OF |
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688 | 688 | | LAND, MORE OR LESS. |
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689 | 689 | | MOODY TRACT - 69.994 ACRES |
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690 | 690 | | BEING A TRACT OF LAND LOCATED IN THE BENJAMIN BREWTON SURVEY, |
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691 | 691 | | ABSTRACT NO. 125, COLLIN COUNTY, TEXAS AND BEING ALL OF A TRACT OF |
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692 | 692 | | LAND DESCRIBED IN DEED TO MOODY RHINOCEROS, LLC, RECORDED IN |
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693 | 693 | | INSTRUMENT NO. 20140606000572850, OFFICIAL PUBLIC RECORDS, COLLIN |
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694 | 694 | | COUNTY, TEXAS (O.P.R.C.C.T.) AND BEING MORE PARTICULARLY DESCRIBED |
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695 | 695 | | AS FOLLOWS: |
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696 | 696 | | BEGINNING AT A 5/8-INCH IRON ROD WITH A CAP STAMPED "RPLS 5674" |
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697 | 697 | | FOUND IN THE EAST RIGHT-OF-WAY LINE OF FARM-TO-MARKET ROAD 455, A |
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698 | 698 | | 90-FOOT RIGHT-OF-WAY, AT THE WEST COMMON CORNER OF SAID MOODY TRACT |
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699 | 699 | | AND A TRACT OF LAND DESCRIBED IN DEED TO MATTHEW DILLON KIRAN, |
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700 | 700 | | RECORDED IN INSTRUMENT NO. 20070418000524700, O.P.R.C.C.T., FROM |
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701 | 701 | | WHICH A WOOD RIGHT-OF-WAY MARKER BEARS NORTH 58°16'44" WEST, A |
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702 | 702 | | DISTANCE OF 1.45 FEET; |
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703 | 703 | | THENCE NORTH 00°45'03" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A |
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704 | 704 | | DISTANCE OF 498.59 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC |
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705 | 705 | | CAP STAMPED "RPLS 5674" SET FOR CORNER, FROM WHICH A WOOD |
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706 | 706 | | RIGHT-OF-WAY MARKER BEARS NORTH 02°35'45" WEST, A DISTANCE OF 26.41 |
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707 | 707 | | FEET; |
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708 | 708 | | THENCE NORTH 00°13'52" WEST, CONTINUING ALONG SAID EAST |
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709 | 709 | | RIGHT-OF-WAY LINE, A DISTANCE OF 720.60 FEET TO A POINT FOR CORNER |
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710 | 710 | | FROM WHICH A 3/4-INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF A |
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711 | 711 | | TRACT OF LAND DESCRIBED IN DEED TO KIM CANNADY LEE, RECORDED IN |
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712 | 712 | | VOLUME 4840, PAGE 1743, DEED RECORDS, COLLIN COUNTY, TEXAS, BEARS |
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713 | 713 | | SOUTH 88°14'15" EAST, A DISTANCE OF 0.59 FEET AND FROM WHICH A |
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714 | 714 | | 3/8-INCH IRON ROD FOUND NEAR THE NORTHWEST CORNER OF SAID MOODY |
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715 | 715 | | TRACT BEARS SOUTH 01°58'05"WEST, A DISTANCE OF 8.20 FEET AND FROM |
---|
716 | 716 | | WHICH A 1/2-INCH IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID LEE |
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717 | 717 | | TRACT BEARS NORTH 00°13'02" WEST, A DISTANCE OF 546.05 FEET; |
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718 | 718 | | THENCE SOUTH 88°14'15" EAST, ALONG THE SOUTH LINE OF SAID LEE TRACT, |
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719 | 719 | | A DISTANCE OF 2,627.99 FEET TO A 3/4-INCH IRON ROD FOUND IN THE WEST |
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720 | 720 | | LINE OF A TRACT OF LAND DESCRIBED IN DEED TO BILLY STELZER AND JULIA |
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721 | 721 | | STELZER, CO-TRUSTEES OF THE STELZER REVOCABLE TRUST TRACT, RECORDED |
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722 | 722 | | IN INSTRUMENT NO. 20141006001089690, O.P.R.C.C.T. AT THE SOUTHEAST |
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723 | 723 | | CORNER OF SAID LEE TRACT, FROM WHICH A 1/2-INCH IRON ROD FOUND NEAR |
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724 | 724 | | THE NORTHEAST CORNER OF SAID MOODY TRACT BEARS NORTH 00°39'40" WEST, |
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725 | 725 | | A DISTANCE OF 7.67 FEET AND FROM WHICH A 5/8-INCH IRON ROD WITH A CAP |
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726 | 726 | | (ILLEGIBLE) FOUND AT THE NORTHEAST CORNER OF SAID LEE TRACT BEARS |
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727 | 727 | | NORTH 01°00'52" WEST, A DISTANCE OF 583.77 FEET; |
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728 | 728 | | THENCE SOUTH 00°07'00" WEST, ALONG THE COMMON LINE OF SAID MOODY |
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729 | 729 | | TRACT AND SAID STELZER TRACT, A DISTANCE OF 1,107.25 FEET TO A |
---|
730 | 730 | | 1/2-INCH IRON ROD FOUND AT THE EAST COMMON CORNER OF SAID MOODY |
---|
731 | 731 | | TRACT AND SAID KIRAN TRACT; |
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732 | 732 | | THENCE SOUTH 89°21'36" WEST, ALONG THE COMMON LINE OF SAID MOODY |
---|
733 | 733 | | TRACT AND SAID KIRAN TRACT, A DISTANCE OF 1,299.36 FEET TO A |
---|
734 | 734 | | 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "RPLS 5674" |
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735 | 735 | | FOUND FOR CORNER; |
---|
736 | 736 | | THENCE SOUTH 89°16'45" WEST, CONTINUING ALONG THE COMMON LINE OF |
---|
737 | 737 | | SAID MOODY TRACT AND SAID KIRAN TRACT, A DISTANCE OF 1,315.87 FEET |
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738 | 738 | | TO THE POINT OF BEGINNING AND CONTAINING 3,048,952 SQUARE FEET OR |
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739 | 739 | | 69.994 ACRES OF LAND, MORE OR LESS. |
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740 | 740 | | SECTION 3. (a) The legal notice of the intention to |
---|
741 | 741 | | introduce this Act, setting forth the general substance of this |
---|
742 | 742 | | Act, has been published as provided by law, and the notice and a |
---|
743 | 743 | | copy of this Act have been furnished to all persons, agencies, |
---|
744 | 744 | | officials, or entities to which they are required to be furnished |
---|
745 | 745 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
746 | 746 | | Government Code. |
---|
747 | 747 | | (b) The governor, one of the required recipients, has |
---|
748 | 748 | | submitted the notice and Act to the Texas Commission on |
---|
749 | 749 | | Environmental Quality. |
---|
750 | 750 | | (c) The Texas Commission on Environmental Quality has filed |
---|
751 | 751 | | its recommendations relating to this Act with the governor, the |
---|
752 | 752 | | lieutenant governor, and the speaker of the house of |
---|
753 | 753 | | representatives within the required time. |
---|
754 | 754 | | (d) All requirements of the constitution and laws of this |
---|
755 | 755 | | state and the rules and procedures of the legislature with respect |
---|
756 | 756 | | to the notice, introduction, and passage of this Act are fulfilled |
---|
757 | 757 | | and accomplished. |
---|
758 | 758 | | SECTION 4. (a) If this Act does not receive a two-thirds |
---|
759 | 759 | | vote of all the members elected to each house, Subchapter C, Chapter |
---|
760 | 760 | | 7909A, Special District Local Laws Code, as added by Section 1 of |
---|
761 | 761 | | this Act, is amended by adding Section 7909A.0307 to read as |
---|
762 | 762 | | follows: |
---|
763 | 763 | | Sec. 7909A.0307. NO EMINENT DOMAIN POWER. The district may |
---|
764 | 764 | | not exercise the power of eminent domain. |
---|
765 | 765 | | (b) This section is not intended to be an expression of a |
---|
766 | 766 | | legislative interpretation of the requirements of Section 17(c), |
---|
767 | 767 | | Article I, Texas Constitution. |
---|
768 | 768 | | SECTION 5. This Act takes effect immediately if it receives |
---|
769 | 769 | | a vote of two-thirds of all the members elected to each house, as |
---|
770 | 770 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
771 | 771 | | Act does not receive the vote necessary for immediate effect, this |
---|
772 | 772 | | Act takes effect September 1, 2021. |
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