Texas 2023 - 88th Regular

Texas House Bill HB5356 Compare Versions

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11 By: Frazier (Senate Sponsor - Paxton) H.B. No. 5356
22 (In the Senate - Received from the House May 15, 2023;
33 May 16, 2023, read first time and referred to Committee on Local
44 Government; May 19, 2023, reported favorably by the following
55 vote: Yeas 9, Nays 0; May 19, 2023, sent to printer.)
66 Click here to see the committee vote
77
88
99 A BILL TO BE ENTITLED
1010 AN ACT
1111 relating to the creation of the Honey Creek Improvement District
1212 No. 1; providing authority to issue bonds; providing authority to
1313 impose assessments and fees.
1414 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1515 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1616 Code, is amended by adding Chapter 3796 to read as follows:
1717 CHAPTER 3796. HONEY CREEK IMPROVEMENT DISTRICT NO. 1
1818 SUBCHAPTER A. GENERAL PROVISIONS
1919 Sec. 3796.0101. DEFINITIONS. In this chapter:
2020 (1) "Board" means the district's board of directors.
2121 (2) "City" means the City of McKinney.
2222 (3) "Director" means a board member.
2323 (4) "District" means the Honey Creek Improvement
2424 District No. 1.
2525 Sec. 3796.0102. NATURE OF DISTRICT. The Honey Creek
2626 Improvement District No. 1 is a special district created under
2727 Section 59, Article XVI, Texas Constitution.
2828 Sec. 3796.0103. PURPOSE; DECLARATION OF INTENT. (a) The
2929 creation of the district is essential to accomplish the purposes of
3030 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
3131 Texas Constitution, and other public purposes stated in this
3232 chapter.
3333 (b) By creating the district and in authorizing the city and
3434 other political subdivisions to contract with the district, the
3535 legislature has established a program to accomplish the public
3636 purposes set out in Section 52-a, Article III, Texas Constitution.
3737 (c) The creation of the district is necessary to promote,
3838 develop, encourage, and maintain employment, commerce,
3939 transportation, housing, tourism, recreation, the arts,
4040 entertainment, economic development, safety, and the public
4141 welfare in the district.
4242 (d) This chapter and the creation of the district may not be
4343 interpreted to relieve the city from providing the level of
4444 services provided as of the effective date of the Act enacting this
4545 chapter to the area in the district. The district is created to
4646 supplement and not to supplant city services provided in the
4747 district.
4848 Sec. 3796.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4949 (a) All land and other property included in the district will
5050 benefit from the improvements and services to be provided by the
5151 district under powers conferred by Sections 52 and 52-a, Article
5252 III, and Section 59, Article XVI, Texas Constitution, and other
5353 powers granted under this chapter.
5454 (b) The district is created to serve a public use and
5555 benefit.
5656 (c) The creation of the district is in the public interest
5757 and is essential to further the public purposes of:
5858 (1) developing and diversifying the economy of the
5959 state;
6060 (2) eliminating unemployment and underemployment; and
6161 (3) developing or expanding transportation and
6262 commerce.
6363 (d) The district will:
6464 (1) promote the health, safety, and general welfare of
6565 residents, employers, potential employees, employees, visitors,
6666 and consumers in the district, and of the public;
6767 (2) provide needed funding for the district to
6868 preserve, maintain, and enhance the economic health and vitality of
6969 the district territory as a community and business center;
7070 (3) promote the health, safety, welfare, and enjoyment
7171 of the public by providing pedestrian ways and by landscaping and
7272 developing certain areas in the district, which are necessary for
7373 the restoration, preservation, and enhancement of scenic beauty;
7474 and
7575 (4) provide for water, wastewater, drainage, road, and
7676 recreational facilities for the district.
7777 (e) Pedestrian ways along or across a street, whether at
7878 grade or above or below the surface, and street lighting, street
7979 landscaping, parking, and street art objects are parts of and
8080 necessary components of a street and are considered to be a street
8181 or road improvement.
8282 (f) The district will not act as the agent or
8383 instrumentality of any private interest even though the district
8484 will benefit many private interests as well as the public.
8585 Sec. 3796.0105. INITIAL DISTRICT TERRITORY. (a) The
8686 district is initially composed of the territory described by
8787 Section 2 of the Act enacting this chapter.
8888 (b) The boundaries and field notes contained in Section 2 of
8989 the Act enacting this chapter form a closure. A mistake in the
9090 field notes or in copying the field notes in the legislative process
9191 does not affect the district's:
9292 (1) organization, existence, or validity;
9393 (2) right to issue any type of bonds for the purposes
9494 for which the district is created or to pay the principal of and
9595 interest on the bonds;
9696 (3) right to impose or collect an assessment; or
9797 (4) legality or operation.
9898 Sec. 3796.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9999 All or any part of the area of the district is eligible to be
100100 included in:
101101 (1) a tax increment reinvestment zone created under
102102 Chapter 311, Tax Code; or
103103 (2) a tax abatement reinvestment zone created under
104104 Chapter 312, Tax Code.
105105 Sec. 3796.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
106106 DISTRICTS LAW. Except as otherwise provided by this chapter,
107107 Chapter 375, Local Government Code, applies to the district.
108108 Sec. 3796.0108. PRECONDITION. (a) The district may not
109109 exercise any powers granted to the district by this chapter or other
110110 law unless a development agreement between the city and the primary
111111 landowner in the district that establishes the standards that apply
112112 to development in the district, in addition to those contained in
113113 zoning, subdivision, and other applicable ordinances of the city,
114114 has been executed.
115115 (b) If a development agreement described by Subsection (a)
116116 has not been executed before September 1, 2024, the board shall
117117 dissolve the district in the manner provided by Subchapter I as soon
118118 as possible after September 1, 2024.
119119 Sec. 3796.0109. CONSTRUCTION OF CHAPTER. This chapter
120120 shall be liberally construed in conformity with the findings and
121121 purposes stated in this chapter.
122122 SUBCHAPTER B. BOARD OF DIRECTORS
123123 Sec. 3796.0201. GOVERNING BODY; TERMS. (a) The district is
124124 governed by a board of five elected directors who serve staggered
125125 terms of four years.
126126 (b) Directors are elected in the manner provided by
127127 Subchapter D, Chapter 49, Water Code.
128128 Sec. 3796.0202. COMPENSATION; EXPENSES. (a) The district
129129 may compensate each director in an amount not to exceed $150 for
130130 each board meeting. The total amount of compensation for each
131131 director in one year may not exceed $7,200.
132132 (b) A director is entitled to reimbursement for necessary
133133 and reasonable expenses incurred in carrying out the duties and
134134 responsibilities of the board.
135135 Sec. 3796.0203. INITIAL DIRECTORS. (a) The initial board
136136 consists of the following directors:
137137 Pos. No. Name of Director Pos. No. Name of Director
138138 Pos. No. Name of Director
139139 1 Rafael Parker 1 Rafael Parker
140140 1 Rafael Parker
141141 2 Mateo Jaramillo 2 Mateo Jaramillo
142142 2 Mateo Jaramillo
143143 3 Hector Alba 3 Hector Alba
144144 3 Hector Alba
145145 4 Laura Santos 4 Laura Santos
146146 4 Laura Santos
147147 5 Ricardo Soto 5 Ricardo Soto
148148 5 Ricardo Soto
149149 (b) Of the initial directors, the terms of directors
150150 appointed for positions one through three expire June 1, 2025, and
151151 the terms of directors appointed for positions four and five expire
152152 June 1, 2027.
153153 SUBCHAPTER C. POWERS AND DUTIES
154154 Sec. 3796.0301. GENERAL POWERS AND DUTIES. The district
155155 has the powers and duties necessary to accomplish the purposes for
156156 which the district is created.
157157 Sec. 3796.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
158158 district, using any money available to the district for the
159159 purpose, may provide, design, construct, acquire, improve,
160160 relocate, operate, maintain, or finance an improvement project or
161161 service authorized under a development agreement described by
162162 Section 3796.0108, under this chapter, or under Chapter 375, Local
163163 Government Code.
164164 (b) The district may contract with a governmental or private
165165 entity to carry out an action under Subsection (a).
166166 (c) The implementation of a district project or service is a
167167 governmental function or service for the purposes of Chapter 791,
168168 Government Code.
169169 Sec. 3796.0303. NONPROFIT CORPORATION. (a) The board by
170170 resolution may authorize the creation of a nonprofit corporation to
171171 assist and act for the district in implementing a project or
172172 providing a service authorized by this chapter.
173173 (b) The nonprofit corporation:
174174 (1) has each power of and is considered to be a local
175175 government corporation created under Subchapter D, Chapter 431,
176176 Transportation Code; and
177177 (2) may implement any project and provide any service
178178 authorized by this chapter.
179179 (c) The board shall appoint the board of directors of the
180180 nonprofit corporation. The board of directors of the nonprofit
181181 corporation shall serve in the same manner as the board of directors
182182 of a local government corporation created under Subchapter D,
183183 Chapter 431, Transportation Code, except that a board member is not
184184 required to reside in the district.
185185 Sec. 3796.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
186186 The district may join and pay dues to a charitable or nonprofit
187187 organization that performs a service or provides an activity
188188 consistent with the furtherance of a district purpose.
189189 Sec. 3796.0305. PARKING FACILITIES. (a) The district may
190190 acquire, lease as lessor or lessee, construct, develop, own,
191191 operate, and maintain parking facilities or a system of parking
192192 facilities, including lots, garages, parking terminals, or other
193193 structures or accommodations for parking motor vehicles off the
194194 streets and related appurtenances.
195195 (b) The district's parking facilities serve the public
196196 purposes of the district and are owned, used, and held for a public
197197 purpose even if leased or operated by a private entity for a term of
198198 years.
199199 (c) The district's parking facilities are parts of and
200200 necessary components of a street and are considered to be a street
201201 or road improvement.
202202 (d) The development and operation of the district's parking
203203 facilities may be considered an economic development program.
204204 Sec. 3796.0306. ADDING OR EXCLUDING LAND. (a) Subject to
205205 Subsection (b), the district may add or exclude land in the manner
206206 provided by Subchapter J, Chapter 49, Water Code, or by Subchapter
207207 H, Chapter 54, Water Code.
208208 (b) The district may add territory as described by
209209 Subsection (a) only if the governing body of the city by ordinance
210210 or resolution consents to the addition.
211211 Sec. 3796.0307. DISBURSEMENTS AND TRANSFERS OF MONEY. The
212212 board by resolution shall establish the number of directors'
213213 signatures and the procedure required for a disbursement or
214214 transfer of district money.
215215 Sec. 3796.0308. DIVISION OF DISTRICT. (a) The district may
216216 be divided into two or more new districts only if the district:
217217 (1) has no outstanding bonded debt; and
218218 (2) is not imposing ad valorem taxes.
219219 (b) This chapter applies to any new district created by the
220220 division of the district, and a new district has all the powers and
221221 duties of the district.
222222 (c) Any new district created by the division of the district
223223 may not, at the time the new district is created, contain any land
224224 outside the area described by Section 2 of the Act enacting this
225225 chapter.
226226 (d) The board, on its own motion or on receipt of a petition
227227 signed by the owner or owners of a majority of the assessed value of
228228 the real property in the district, may adopt an order dividing the
229229 district.
230230 (e) An order dividing the district must:
231231 (1) name each new district;
232232 (2) include the metes and bounds description of the
233233 territory of each new district;
234234 (3) appoint initial directors for each new district;
235235 and
236236 (4) provide for the division of assets and liabilities
237237 between or among the new districts.
238238 (f) On or before the 30th day after the date of adoption of
239239 an order dividing the district, the district shall file the order
240240 with the Texas Commission on Environmental Quality and record the
241241 order in the real property records of each county in which the
242242 district is located.
243243 (g) Municipal consent to the creation of the district and to
244244 the inclusion of land in the district granted under Section
245245 3796.0503 acts as municipal consent to the creation of any new
246246 district created by the division of the district and to the
247247 inclusion of land in the new district.
248248 Sec. 3796.0309. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
249249 Section 375.161, Local Government Code, does not apply to the
250250 district.
251251 Sec. 3796.0310. NO AD VALOREM TAX. The district may not
252252 impose an ad valorem tax.
253253 Sec. 3796.0311. NO EMINENT DOMAIN POWER. The district may
254254 not exercise the power of eminent domain.
255255 SUBCHAPTER D. ASSESSMENTS
256256 Sec. 3796.0401. PETITION REQUIRED FOR FINANCING SERVICES
257257 AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
258258 service or improvement project with assessments under this chapter
259259 unless a written petition requesting that service or improvement
260260 has been filed with the board.
261261 (b) A petition filed under Subsection (a) must be signed by
262262 the owners of a majority of the assessed value of real property in
263263 the district subject to assessment according to the most recent
264264 certified tax appraisal roll for the county.
265265 Sec. 3796.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
266266 The board by resolution may impose and collect an assessment for any
267267 purpose authorized by this chapter in all or any part of the
268268 district.
269269 (b) An assessment, a reassessment, or an assessment
270270 resulting from an addition to or correction of the assessment roll
271271 by the district, penalties and interest on an assessment or
272272 reassessment, an expense of collection, and reasonable attorney's
273273 fees incurred by the district:
274274 (1) are a first and prior lien against the property
275275 assessed;
276276 (2) are superior to any other lien or claim other than
277277 a lien or claim for county, school district, or municipal ad valorem
278278 taxes; and
279279 (3) are the personal liability of and a charge against
280280 the owners of the property even if the owners are not named in the
281281 assessment proceedings.
282282 (c) The lien is effective from the date of the board's
283283 resolution imposing the assessment until the date the assessment is
284284 paid. The board may enforce the lien in the same manner that a
285285 taxing unit, as that term is defined by Section 1.04, Tax Code, may
286286 enforce an ad valorem tax lien against real property.
287287 (d) The board may make a correction to or deletion from the
288288 assessment roll that does not increase the amount of assessment of
289289 any parcel of land without providing notice and holding a hearing in
290290 the manner required for additional assessments.
291291 SUBCHAPTER E. BONDS
292292 Sec. 3796.0501. AUTHORITY TO BORROW MONEY AND TO ISSUE
293293 BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
294294 terms determined by the board.
295295 (b) The district may issue, by public or private sale,
296296 bonds, notes, or other obligations payable wholly or partly from
297297 assessments, revenue, contract payments, grants, or other district
298298 money, or any combination of those sources of money, to pay for any
299299 authorized district purpose.
300300 (c) The district may issue, by public or private sale,
301301 bonds, notes, or other obligations payable wholly or partly from
302302 assessments in the manner provided by Subchapter A, Chapter 372,
303303 Local Government Code, if the improvement financed by the
304304 obligation issued under this section will be conveyed to or
305305 operated and maintained by a municipality or other retail utility
306306 provider pursuant to an agreement with the district entered into
307307 before the issuance of the obligation.
308308 Sec. 3796.0502. BONDS SECURED BY REVENUE OR CONTRACT
309309 PAYMENTS. The district may issue, without an election, bonds
310310 secured by:
311311 (1) revenue other than ad valorem taxes, including
312312 contract revenues; or
313313 (2) contract payments, provided that the requirements
314314 of Section 49.108, Water Code, have been met.
315315 Sec. 3796.0503. CONSENT OF CITY REQUIRED. The board may not
316316 issue bonds until the city has consented by ordinance or resolution
317317 to the creation of the district and to the inclusion of land in the
318318 district.
319319 SUBCHAPTER I. DISSOLUTION
320320 Sec. 3796.0901. DISSOLUTION. (a) The board shall dissolve
321321 the district on written petition filed with the board by the owners
322322 of:
323323 (1) a simple majority of the assessed value subject to
324324 assessment by the district of the property in the district based on
325325 the most recent certified county property tax rolls; or
326326 (2) a simple majority of the surface area of the
327327 district, excluding roads, streets, highways, utility
328328 rights-of-way, other public areas, and other property exempt from
329329 assessment by the district according to the most recent certified
330330 county property tax rolls.
331331 (b) The district may not be dissolved if the district:
332332 (1) has any outstanding bonded or other indebtedness
333333 until that bonded or other indebtedness has been repaid or defeased
334334 in accordance with the order or resolution authorizing the issuance
335335 of the bonded or other indebtedness;
336336 (2) has a contractual obligation to pay money until
337337 that obligation has been fully paid in accordance with the
338338 contract; or
339339 (3) owns, operates, or maintains public works,
340340 facilities, or improvements unless the district has contracted with
341341 another party for the ownership and operation or maintenance of the
342342 public works, facilities, or improvements.
343343 (c) Section 375.262, Local Government Code, does not apply
344344 to the district.
345345 SECTION 2. The Honey Creek Improvement District No. 1
346346 initially includes all territory contained in the following area:
347347 LEGAL DESCRIPTION
348348 HONEY CREEK IMPROVEMENT DISTRICT NO. 1
349349 TRACT 1
350350 BEING a 1218.714 acre tract of land situated in the in the L.D.
351351 Davidson Survey, Abstract No. 285, the E. Hamilton Survey, Abstract
352352 No. 372, the W.H. Horn Survey, Abstract No. 1070, the W.M. Rice
353353 Survey, Abstract No. 770, and the Meredith Hart Survey, Abstract
354354 No. 371, City of McKinney, Collin County, Texas, and being the
355355 remainder of a 189.1 acre tract and 1064.2 acre tract of land
356356 described in a deed to Franklin Family Partnership recorded in
357357 Volume 5540, Page 826, Land Records, Collin County, Texas, and
358358 being part of a 3.00 acre tract of land described in a deed to Lela
359359 M. Fryar recorded in Volume 703, Page 617, Land Records, Collin
360360 County, Texas, and being all of a 10.00 acre tract of land described
361361 in a deed to Richard Loren Franklin recorded in Clerk File
362362 No. 95-0015568 Land Records, Collin County, Texas, and being more
363363 particularly described as follows:
364364 COMMENCING at a railroad spike found in asphalt at the intersection
365365 of the centerline of County Road 166 and County Road 168, said point
366366 being the apparent intersection of four surveys: the southeast
367367 corner of the Thomas E. Pelham Survey, Abstract Number 724, the
368368 southwest corner of the Jno. Cahill Survey, Abstract number 143,
369369 the northeast corner of said D. J. Franklin Survey, and the
370370 northwest corner of said L. D. Davidson Survey;
371371 THENCE North 89°41'47" East along the centerline of said County Road
372372 168 a distance 1278.96 feet to a 5/8" iron rod set for corner at the
373373 POINT OF BEGINNING, said point being the northeast corner of a tract
374374 of land described in a deed to Richard K. Hester et ux. Sarah P.
375375 Hester recorded in Volume 4171, Page 3124, Land Records, Collin
376376 County, Texas;
377377 THENCE North 89°41'47" East continuing along the centerline of said
378378 County Road 168 a distance of 3769.64 feet to a 1/2" iron rod found
379379 at the southeast corner of a tract of land described in a deed to
380380 Elizabeth Langston recorded in Volume 1372, Page 595, Land Records,
381381 Collin County, Texas;
382382 THENCE North 00°06'09" West with the east line of said Elizabeth
383383 Langston a distance of 1018.25 feet to a 5/8" iron rod with red cap
384384 marked KHA set at the northeast corner of a tract of land described
385385 in a deed to R.J. Knowles recorded in Volume 1372, Page 589, Land
386386 Records, Collin County, Texas;
387387 THENCE South 89°01'12" East passing at 314.35 feet a PK nail with
388388 washer found in asphalt at the most southerly southwest corner of a
389389 tract of land described in a deed to Charles M. and Jean A. Hicks
390390 recorded in Volume 5273, Page 6598, Land Records, Collin County,
391391 Texas, and continuing for a total distance of 1592.06 feet to an
392392 X-Cut set for corner on top of a concrete bridge in the west line of
393393 a tract of land described in a deed to Theresa N. Roeder recorded in
394394 Clerk File No. 95-0077977, Land Records, Collin County, Texas, said
395395 point being in the centerline of Honey Creek;
396396 THENCE along the centerline of said Honey Creek and with the west
397397 line of said Theresa N. Roeder the following calls:
398398 South 23°24'12" West a distance of 128.37 feet to a point for corner;
399399 South 08°30'42" East a distance of 83.53 feet to a point for corner;
400400 South 30°17'56" East a distance of 75.19 feet to a point for corner;
401401 South 52°40'13" East a distance of 96.34 feet to a point for corner;
402402 South 61°30'47" East a distance of 352.39 feet to a point for corner;
403403 South 53°06'14" East a distance of 95.82 feet to a point for corner;
404404 South 10°46'14" East a distance of 114.32 feet to a point for corner;
405405 South 12°54'15" East a distance of 67.33 feet to a point for corner;
406406 South 31°17'25" East a distance of 99.36 feet to a point for corner;
407407 South 45°27'58" East a distance of 51.57 feet to a point for corner;
408408 South 64°03'22" East a distance of 108.23 feet to a point for corner;
409409 South 59°27'11" East a distance of 107.89 feet to a point for corner;
410410 South 20°52'23" East a distance of 108.15 feet to a point for corner;
411411 South 13°47'15" West a distance of 62.76 feet to a point for corner;
412412 South 35°01'12" West a distance of 271.26 feet to a point for corner;
413413 South 06°27'44" East a distance of 137.08 feet to a point for corner;
414414 South 21°49'33" West a distance of 62.38 feet to a point for corner;
415415 South 06°52'20" West a distance of 90.73 feet to a point for corner;
416416 South 15°37'43" East a distance of 52.21 feet to a point for corner;
417417 South 64°55'40" East a distance of 29.37 feet to a point for corner;
418418 North 85°47'24" East a distance of 225.38 feet to a point for corner;
419419 South 73°52'41" East a distance of 284.02 feet to a point for corner;
420420 South 70°08'41" East a distance of 69.22 feet to a point for corner;
421421 South 46°07'44" East a distance of 58.55 feet to a point for corner;
422422 South 30°27'53" East a distance of 74.84 feet to a point for corner;
423423 South 45°09'41" East a distance of 73.01 feet to a point for corner;
424424 South 86°20'18" East a distance of 45.67 feet to a point for corner;
425425 North 70°07'08" East a distance of 125.46 feet to a point for corner
426426 in the west line of a tract of land described in a deed called "Tract
427427 One" to J.A. and Imogene Gooch Revocable Living Trust, recorded in
428428 Volume 5636, Page 4136, Land Records, Collin County, Texas;
429429 THENCE South 03°48'49" East departing the centerline of said Honey
430430 Creek and with the west line of said Tract One J.A. and Imogene
431431 Gooch Revocable Living Trust along a barbwire fence passing at
432432 51.57 feet a 1/2 inch iron rod found and continuing for a total
433433 distance of 199.72 feet to a 5/8" iron rod with red cap marked KHA
434434 set at the southwest corner of said Tract One J.A. and Imogene Gooch
435435 Revocable Living Trust;
436436 THENCE with the south line of said Tract One J.A. and Imogene Gooch
437437 Revocable Living Trust the following calls:
438438 South 79°35'20" East a distance of 110.76 feet to a 5/8" iron rod
439439 with red cap marked KHA set for corner;
440440 South 44°57'54" East a distance of 90.13 feet to a 5/8" iron rod with
441441 red cap marked KHA set for corner;
442442 North 67°12'40" East a distance of 174.48 feet to a 5/8" iron rod
443443 with red cap marked KHA set for corner;
444444 South 81°24'25" East a distance of 71.46 feet to a 5/8" iron rod with
445445 red cap marked KHA set for corner;
446446 South 66°47'34" East a distance of 178.26 feet to a point for corner
447447 in the centerline of said Honey Creek;
448448 THENCE along the centerline of said Honey Creek the following
449449 calls:
450450 South 59°29'36" West a distance of 48.92 feet to a point for corner;
451451 South 07°03'42" West a distance of 54.33 feet to the northwest
452452 corner of a tract of land described in a deed called "Tract Two" to
453453 J.A. and Imogene Gooch Revocable Living Trust recorded in Volume
454454 5636, Page 4136, Land Records, Collin County, Texas;
455455 THENCE departing the centerline of said Honey Creek and with the
456456 north, line of said Tract Two J.A. and Imogene Gooch Revocable
457457 Living Trust the following calls:
458458 South 25°06'09" West a distance of 85.01 feet to a 5/8" iron rod with
459459 red cap marked KHA set for corner;
460460 South 86°06'11" West a distance of 105.59 feet to a 5/8" iron rod
461461 with red cap marked KHA set for corner;
462462 North 62°04'42" West a distance of 70.34 feet to a 5/8" iron rod with
463463 red cap marked KHA set for corner;
464464 North 79°09'48" West a distance of 78.47 feet to a 5/8" iron rod with
465465 red cap marked KHA set for corner;
466466 South 76°09'56" West a distance of 228.54 feet to a 5/8" iron rod
467467 with red cap marked KHA set at the northwest corner of said Tract
468468 Two J.A. and Imogene Gooch Revocable Living Trust;
469469 THENCE South 03°23'52" East a along a barbwire fence a distance of
470470 152.85 feet to a 5/8" iron rod found at the southwest corner of said
471471 Tract Two J.A. and Imogene Gooch Revocable Living Trust;
472472 THENCE with the south line of said Tract Two J.A. and Imogene Gooch
473473 Revocable Living Trust and along the general course of a barbwire
474474 fence the following calls:
475475 South 87°28'40" East a distance of 72.08 feet to a 5/8" iron rod with
476476 red cap marked KHA set for corner;
477477 South 88°58'34" East passing at 497.31 feet a 1/2 iron rod found and
478478 continuing for a total distance of 541.00 feet to a point for corner
479479 in the centerline of said Honey Creek, said point being in the west
480480 line of a tract of land described in a deed to J.A. and Imogene Gooch
481481 Revocable Living Trust recorded Clerk File Number 93-0106681, Land
482482 Records, Collin County, Texas;
483483 THENCE along the centerline of said Honey Creek and along the west
484484 line of said J.A. and Imogene Gooch Revocable Living Trust the
485485 following calls:
486486 South 30°08'34" East a distance of 29.56 feet to a point for corner;
487487 South 57°19'01" East a distance of 47.61 feet to a point for corner;
488488 South 82°37'56" East a distance of 90.58 feet to a point for corner;
489489 South 42°52'24" East a distance of 162.01 feet to a point at the
490490 northwest corner of a tract of land described in a deed to Tom E.
491491 Engle and Karen A. Engle recorded in Volume 5418, Page 4142, Land
492492 Records, Collin County, Texas;
493493 THENCE South 30°34'59" East with the west line of said Tom E. Engle
494494 and Karen A. Engle and continuing along the centerline of said Honey
495495 Creek a distance of 152.05 feet to a point at the northwest corner
496496 of a tract of land described in a deed to Tom E. Engle and Karen A.
497497 Engle recorded in Volume 5380, Page 4044, Land Records, Collin
498498 County, Texas;
499499 THENCE along the centerline of said Honey Creek and along the west
500500 line of said Tom E. Engle and Karen A. Engle the following calls:
501501 South 30°08'44" East a distance of 33.20 feet to a point for corner;
502502 South 36°32'02" East a distance of 121.42 feet to a point for corner;
503503 South 66°37'07" East a distance of 60.66 feet to a point for corner;
504504 South 43°37'28" East a distance of 56.43 feet to a point for corner;
505505 South 00°08'40" East a distance of 35.47 feet to a point for corner;
506506 South 30°29'42" West a distance of 24.38 feet to a point for corner;
507507 South 47°51'01" West a distance of 49.96 feet to a point for corner;
508508 THENCE South 89°53'34" East departing the centerline of said Honey
509509 Creek and with the south line of said Tom E. Engle and Karen A. Engle
510510 passing at 58.03 feet a 1/2 inch iron rod with cap found and
511511 continuing along a barbwire fence for a total distance of 983.93
512512 feet to a metal fence post found for corner, from which a one inch
513513 iron rod found in asphalt in the centerline of County Road 202 bears
514514 South 89°53'34" East a distance of 21.86 feet;
515515 THENCE South 00°25'41" West along the general course of a barbwire
516516 fence a distance of 1552.26 feet to a point for corner in the
517517 centerline of said Honey Creek;
518518 THENCE along the centerline of said Honey Creek the following
519519 calls:
520520 South 69°49'58" East a distance of 82.17 feet to a point for corner;
521521 South 14°23'29" East a distance of 70.58 feet to a point for corner;
522522 South 02°11'17" West a distance of 169.40 feet to a point for corner;
523523 South 40°43'43" West a distance of 72.63 feet to a point for corner;
524524 South 67°07'59" West a distance of 69.48 feet to a point for corner;
525525 South 85°04'46" West a distance of 109.78 feet to a point for corner;
526526 South 32°43'24" West a distance of 60.16 feet to a point for corner;
527527 South 09°08'50" East a distance of 124.19 feet to a point for corner;
528528 South 56°32'04" East a distance of 73.66 feet to a point for corner;
529529 South 63°18'11" East a distance of 37.12 feet to a point for corner;
530530 South 69°59'42" East a distance of 111.44 feet to a point for corner;
531531 South 46°14'26" East a distance of 90.73 feet to a point for corner;
532532 South 11°15'17" East a distance of 191.67 feet to a point for corner;
533533 South 17°55'11" East a distance of 85.72 feet to a point for corner;
534534 South 69°18'16" East a distance of 235.92 feet to a point for corner;
535535 South 29°14'27" East a distance of 57.98 feet to a point for corner;
536536 South 51°31'28" East a distance of 440.72 feet to a point for corner;
537537 South 43°32'59" East a distance of 140.07 feet to a point for corner;
538538 South 62°01'13" East a distance of 104.31 feet to a point for corner;
539539 North 69°11'35" East a distance of 73.64 feet to a point for corner;
540540 North 50°17'09" East a distance of 128.74 feet to a point for corner;
541541 North 74°01'37" East a distance of 82.53 feet to a point for corner;
542542 South 48°40'54" East a distance of 124.07 feet to a point for corner;
543543 South 26°42'21" West a distance of 77.82 feet to a point for corner;
544544 South 05°56'42" East a distance of 73.50 feet to a point for corner;
545545 South 45°47'12" East a distance of 501.35 feet to a point for corner;
546546 South 55°49'11" East a distance of 191.12 feet to a point for corner;
547547 South 14°28'12" West a distance of 75.33 feet to a point for corner;
548548 South 52°02'47" West a distance of 124.63 feet to a point for corner;
549549 South 17°36'16" West a distance of 89.41 feet to a point for corner;
550550 South 08°17'38" East a distance of 60.50 feet to a point for corner;
551551 South 46°25'51" East a distance of 223.59 feet to a point for corner;
552552 North 86°02'30" East a distance of 68.62 feet to a point for corner;
553553 North 68°04'39" East a distance of 251.87 feet to a point for corner;
554554 South 38°28'19" East a distance of 46.61 feet to a point for corner;
555555 South 13°57'02" East a distance of 143.42 feet to a point for corner;
556556 South 74°53'01" East a distance of 55.67 feet to a point for corner;
557557 South 89°34'39" East a distance of 76.12 feet to a point for corner;
558558 North 74°24'09" East a distance of 112.70 feet to a point for corner;
559559 North 48°36'26" East a distance of 133.78 feet to a point for corner;
560560 South 40°05'49" East a distance of 40.71 feet to a point for corner;
561561 South 01°35'11" East a distance of 106.35 feet to a point for corner;
562562 South 47°59'10" East a distance of 79.63 feet to a point for corner;
563563 North 83°01'26" East a distance of 57.88 feet to a point for corner;
564564 North 71°34'34" East a distance of 308.45 feet to a point for corner;
565565 North 49°30'50" East a distance of 80.60 feet to a point for corner
566566 in the west line of a tract of land described in a deed to E.R.
567567 Hartley et ux. Elga Hartley recorded in Volume 592, Page 35, Land
568568 Records, Collin County, Texas;
569569 THENCE South 00°34'13" West with the west line of said E.R. Hartley
570570 and along a barbwire fence a distance of 538.17 feet to a six inch
571571 diameter Bois d'Arc fence post found for corner;
572572 THENCE North 87°27'55" West departing the west line of said E.R.
573573 Hartley a distance of 272.40 feet to a six inch diameter Bois d'Arc
574574 fence post found at the northwest corner of a tract of land
575575 described in a deed to Eddie P. Howell et ux. Gailyn A. Howell
576576 recorded in Volume 1128, Page 160, Land Records, Collin County,
577577 Texas;
578578 THENCE South 00°40'35" West with the west line of said Eddie P.
579579 Howell and along the general course of a barbwire fence a distance
580580 of 2013.95 feet to a 1/2" iron rod found for corner in asphalt in the
581581 centerline of County Road 201;
582582 THENCE North 87°51'07" West along the centerline of said County Road
583583 201 passing at 1612.90 feet a 100D nail found 1.27 feet to the left
584584 at a right angle to this course, said point being the southeast
585585 corner of said 3.00 acre Lela M. Fryar tract, and passing at 1862.71
586586 feet a 100D nail found 2.06 feet to the left at a right angle to this
587587 course, said point being the southwest corner of said 3.00 acre Lela
588588 M. Fryar tract, and continuing for a total distance of 2286.16 feet
589589 to a 1/2" iron rod found for corner;
590590 THENCE North 00°15'13" East along the general course of a barbwire
591591 fence a distance of 1969.91 feet to a 1/2" iron rod found for
592592 corner, from which a wood fence post found bears North 24°56'54"
593593 West a distance of 3.4 feet;
594594 THENCE North 89°06'26" West along the general course of a barbwire
595595 fence passing at 466.94 feet a wood fence post found 0.9 feet to the
596596 right and at right angles to this course, and continuing for a total
597597 distance of 507.01 feet to a 1/2" iron rod found for corner in the
598598 east line of a tract of land described in a deed to RAJICA 131, L.P.
599599 recorded in Volume 5894, Page 3815, Land Records, Collin County,
600600 Texas;
601601 THENCE North 00°27'12" East with the east line of said RAJICA 131,
602602 L.P. a distance of 1470.19 feet to a 1/2" iron rod found for corner
603603 in asphalt at the intersection of the centerline of County Road 201
604604 and County Road 1006;
605605 THENCE South 89°25'38" West along the centerline of said County Road
606606 1006 a distance of 4793.69 feet to a 1/2" iron rod found in gravel
607607 pavement at the northeast corner of a tract of land described in a
608608 deed to Perry J. Graham et ux. Donna M. Graham recorded in Volume
609609 1233, Page 811, Land Records, Collin County, Texas;
610610 THENCE South 89°30'39" West continuing along the centerline of said
611611 County Road 1006 and with the north line of said Perry J. Graham a
612612 distance of 431.57 feet to a 5/8" iron rod found for corner;
613613 THENCE in a southerly direction continuing along the centerline of
614614 said County Road 1006 the following calls:
615615 South 10°38'17" West a distance of 428.46 feet to a 1/2" iron rod
616616 found for corner in asphalt;
617617 South 13°53'52" West a distance of 203.34 feet to a bent 1/2" iron
618618 rod found for corner in asphalt;
619619 South 24°17'55" West a distance of 316.45 feet to a 5/8" iron rod set
620620 for corner in asphalt;
621621 South 03°15'22" West a distance of 290.50 feet to a 5/8" iron rod set
622622 for corner in asphalt;
623623 South 01°02'46" East passing at 1043.25 feet a 3/8" iron rod found in
624624 asphalt at the southwest corner of a tract of land described in a
625625 deed to Rene Bates et ux. Beverly Bates recorded in Volume 3419,
626626 Page 878, Land Records, Collin County, Texas, and continuing for a
627627 total distance of 1113.87 feet to a 1/2" iron rod found in asphalt
628628 at the northeast corner of a tract of land described in a deed to Don
629629 W. Collins et ux. Carol A. Collins recorded in Volume 4355, Page
630630 2347, Land Records, Collin County, Texas;
631631 THENCE South 89°31'09" West departing the centerline of said County
632632 Road 1006 and with the north line of said Don W. Collins and along
633633 the general course of a barbwire fence a distance of 795.63 feet to
634634 a 1/2" iron rod found at the base of an 18 inch diameter hackberry
635635 tree at the northwest corner of said Don W. Collins;
636636 THENCE South 89°41'41" West continuing along the general course of a
637637 barbwire fence a distance of 1875.27 feet to a PK nail found in a
638638 fence post for corner;
639639 THENCE North 00°43'53" West a distance of 1307.74 feet to a 1/2" iron
640640 rod with cap marked "RPLS 3963" found in the south line of a tract of
641641 land described in a deed to Baylor Health Care System as "Tract
642642 Two," recorded in Volume 5848, Page 4498, Land Records, Collin
643643 County, Texas;
644644 THENCE with the south and east lines of said Tract Two Baylor Health
645645 Care System the following calls:
646646 North 89°24'24" East a distance of 1227.09 feet to a 1/2" iron rod
647647 with cap marked "RPLS 3963" found for corner;
648648 North 00°33'36" West a distance of 985.72 feet to a 1/2" iron rod
649649 with cap marked "RPLS 3963" found for corner in the south line of a
650650 tract of land described in a deed to Paul H. Powell III et ux. Lois
651651 M. Powell recorded in Clerk's File number 94-0015097, Land Records,
652652 Collin County, Texas;
653653 THENCE North 89°14'20" East with the south line of said Paul H.
654654 Powell III passing at 40.07 feet a 1/2" iron rod found at the
655655 southeast corner of said Paul H. Powell III and continuing for a
656656 total distance of 512.56 feet to a 1/2" iron rod found at the
657657 southeast corner of a tract of land described in a deed to Harris
658658 Living Trust recorded in Volume 5272, Page 4335, Land Records,
659659 Collin County, Texas;
660660 THENCE with the east line of said Harris Living Trust and along the
661661 general course of a barbwire fence the following calls:
662662 North 00°12'24" West a distance of 583.36 feet to a 5/8" iron rod
663663 with red cap marked KHA set for corner;
664664 North 00°04'15" West a distance of 407.78 feet to a 5/8" iron rod
665665 with red cap marked KHA set for corner;
666666 North 00°32'47" West a distance of 436.72 feet to a 5/8" iron rod
667667 with red cap marked KHA set for corner;
668668 North 00°12'16" West a distance of 186.87 feet to a 5/8" iron rod
669669 with red cap marked KHA set for corner;
670670 North 00°23'27" West passing at 365.71 a one inch iron pipe found and
671671 continuing for a total distance of 386.47 feet to a point for corner
672672 in the centerline of a branch of Honey Creek;
673673 THENCE South 00°25'41" West along the general course of a barbwire
674674 fence a distance of 1552.26 feet to a point for corner in the
675675 centerline of said Honey Creek;
676676 THENCE along the centerline of said Honey Creek the following
677677 calls:
678678 South 69°49'58" East a distance of 82.17 feet to a point for corner;
679679 South 14°23'29" East a distance of 70.58 feet to a point for corner;
680680 South 02°11'17" West a distance of 169.40 feet to a point for corner;
681681 South 40°43'43" West a distance of 72.63 feet to a point for corner;
682682 South 67°07'59" West a distance of 69.48 feet to a point for corner;
683683 South 85°04'46" West a distance of 109.78 feet to a point for corner;
684684 South 32°43'24" West a distance of 60.16 feet to a point for corner;
685685 South 09°08'50" East a distance of 124.19 feet to a point for corner;
686686 South 56°32'04" East a distance of 73.66 feet to a point for corner;
687687 South 63°18'11" East a distance of 37.12 feet to a point for corner;
688688 South 69°59'42" East a distance of 111.44 feet to a point for corner;
689689 South 46°14'26" East a distance of 90.73 feet to a point for corner;
690690 South 11°15'17" East a distance of 191.67 feet to a point for corner;
691691 South 17°55'11" East a distance of 85.72 feet to a point for corner;
692692 South 69°18'16" East a distance of 235.92 feet to a point for corner;
693693 South 29°14'27" East a distance of 57.98 feet to a point for corner;
694694 South 51°31'28" East a distance of 440.72 feet to a point for corner;
695695 South 43°32'59" East a distance of 140.07 feet to a point for corner;
696696 South 62°01'13" East a distance of 104.31 feet to a point for corner;
697697 North 69°11'35" East a distance of 73.64 feet to a point for corner;
698698 North 50°17'09" East a distance of 128.74 feet to a point for corner;
699699 North 74°01'37" East a distance of 82.53 feet to a point for corner;
700700 South 48°40'54" East a distance of 124.07 feet to a point for corner;
701701 South 26°42'21" West a distance of 77.82 feet to a point for corner;
702702 South 05°56'42" East a distance of 73.50 feet to a point for corner;
703703 South 45°47'12" East a distance of 501.35 feet to a point for corner;
704704 South 55°49'11" East a distance of 191.12 feet to a point for corner;
705705 South 14°28'12" West a distance of 75.33 feet to a point for corner;
706706 South 52°02'47" West a distance of 124.63 feet to a point for corner;
707707 South 17°36'16" West a distance of 89.41 feet to a point for corner;
708708 South 08°17'38" East a distance of 60.50 feet to a point for corner;
709709 South 46°25'51" East a distance of 223.59 feet to a point for corner;
710710 North 86°02'30" East a distance of 68.62 feet to a point for corner;
711711 North 68°04'39" East a distance of 251.87 feet to a point for corner;
712712 South 38°28'19" East a distance of 46.61 feet to a point for corner;
713713 South 13°57'02" East a distance of 143.42 feet to a point for corner;
714714 South 74°53'01" East a distance of 55.67 feet to a point for corner;
715715 South 89°34'39" East a distance of 76.12 feet to a point for corner;
716716 North 74°24'09" East a distance of 112.70 feet to a point for corner;
717717 North 48°36'26" East a distance of 133.78 feet to a point for corner;
718718 South 40°05'49" East a distance of 40.71 feet to a point for corner;
719719 South 01°35'11" East a distance of 106.35 feet to a point for corner;
720720 South 47°59'10" East a distance of 79.63 feet to a point for corner;
721721 North 83°01'26" East a distance of 57.88 feet to a point for corner;
722722 North 71°34'34" East a distance of 308.45 feet to a point for corner;
723723 North 49°30'50" East a distance of 80.60 feet to a point for corner
724724 in the west line of a tract of land described in a deed to E.R.
725725 Hartley et ux. Elga Hartley recorded in Volume 592, Page 35, Land
726726 Records, Collin County, Texas;
727727 THENCE South 00°34'13" West with the west line of said E.R. Hartley
728728 and along a barbwire fence a distance of 538.17 feet to a six inch
729729 diameter Bois d'Arc fence post found for corner;
730730 THENCE North 87°27'55" West departing the west line of said E.R.
731731 Hartley a distance of 272.40 feet to a six inch diameter Bois d'Arc
732732 fence post found at the northwest corner of a tract of land
733733 described in a deed to Eddie P. Howell et ux. Gailyn A. Howell
734734 recorded in Volume 1128, Page 160, Land Records, Collin County,
735735 Texas;
736736 THENCE South 00°40'35" West with the west line of said Eddie P.
737737 Howell and along the general course of a barbwire fence a distance
738738 of 2013.95 feet to a 1/2" iron rod found for corner in asphalt in the
739739 centerline of County Road 201;
740740 THENCE North 87°51'07" West along the centerline of said County Road
741741 201 passing at 1612.90 feet a 100D nail found 1.27 feet to the left
742742 at a right angle to this course, said point being the southeast
743743 corner of said 3.00 acre Lela M. Fryar tract, and passing at 1862.71
744744 feet a 100D nail found 2.06 feet to the left at a right angle to this
745745 course, said point being the southwest corner of said 3.00 acre Lela
746746 M. Fryar tract, and continuing for a total distance of 2286.16 feet
747747 to a 1/2" iron rod found for corner;
748748 THENCE North 00°15'13" East along the general course of a barbwire
749749 fence a distance of 1969.91 feet to a 1/2" iron rod found for
750750 corner, from which a wood fence post found bears North 24°56'54"
751751 West a distance of 3.4 feet;
752752 THENCE North 89°06'26" West along the general course of a barbwire
753753 fence passing at 466.94 feet a wood fence post found 0.9 feet to the
754754 right and at right angles to this course, and continuing for a total
755755 distance of 507.01 feet to a 1/2" iron rod found for corner in the
756756 east line of a tract of land described in a deed to RAJICA 131, L.P.
757757 recorded in Volume 5894, Page 3815, Land Records, Collin County,
758758 Texas;
759759 THENCE North 00°27'12" East with the east line of said RAJICA 131,
760760 L.P. a distance of 1470.19 feet to a 1/2" iron rod found for corner
761761 in asphalt at the intersection of the centerline of County Road 201
762762 and County Road 1006;
763763 THENCE South 89°25'38" West along the centerline of said County Road
764764 1006 a distance of 4793.69 feet to a 1/2" iron rod found in gravel
765765 pavement at the northeast corner of a tract of land described in a
766766 deed to Perry J. Graham et ux. Donna M. Graham recorded in Volume
767767 1233, Page 811, Land Records, Collin County, Texas;
768768 THENCE South 89°30'39" West continuing along the centerline of said
769769 County Road 1006 and with the north line of said Perry J. Graham a
770770 distance of 431.57 feet to a 5/8" iron rod found for corner;
771771 THENCE in a southerly direction continuing along the centerline of
772772 said County Road 1006 the following calls:
773773 South 10°38'17" West a distance of 428.46 feet to a 1/2" iron rod
774774 found for corner in asphalt;
775775 South 13°53'52" West a distance of 203.34 feet to a bent 1/2" iron
776776 rod found for corner in asphalt;
777777 South 24°17'55" West a distance of 316.45 feet to a 5/8" iron rod set
778778 for corner in asphalt;
779779 South 03°15'22" West a distance of 290.50 feet to a 5/8" iron rod set
780780 for corner in asphalt;
781781 South 01°02'46" East passing at 1043.25 feet a 3/8" iron rod found in
782782 asphalt at the southwest corner of a tract of land described in a
783783 deed to Rene Bates et ux. Beverly Bates recorded in Volume 3419,
784784 Page 878, Land Records, Collin County, Texas, and continuing for a
785785 total distance of 1113.87 feet to a 1/2" iron rod found in asphalt
786786 at the northeast corner of a tract of land described in a deed to Don
787787 W. Collins et ux. Carol A. Collins recorded in Volume 4355, Page
788788 2347, Land Records, Collin County, Texas;
789789 THENCE South 89°31'09" West departing the centerline of said County
790790 Road 1006 and with the north line of said Don W. Collins and along
791791 the general course of a barbwire fence a distance of 795.63 feet to
792792 a 1/2" iron rod found at the base of an 18 inch diameter hackberry
793793 tree at the northwest corner of said Don W. Collins;
794794 THENCE South 89°41'41" West continuing along the general course of a
795795 barbwire fence a distance of 1875.27 feet to a PK nail found in a
796796 fence post for corner;
797797 THENCE North 00°43'53" West a distance of 1307.74 feet to a 1/2" iron
798798 rod with cap marked "RPLS 3963" found in the south line of a tract of
799799 land described in a deed to Baylor Health Care System as "Tract
800800 Two," recorded in Volume 5848, Page 4498, Land Records, Collin
801801 County, Texas;
802802 THENCE with the south and east lines of said Tract Two Baylor Health
803803 Care System the following calls:
804804 North 89°24'24" East a distance of 1227.09 feet to a 1/2" iron rod
805805 with cap marked "RPLS 3963" found for corner;
806806 North 00°33'36" West a distance of 985.72 feet to a 1/2" iron rod
807807 with cap marked "RPLS 3963" found for corner in the south line of a
808808 tract of land described in a deed to Paul H. Powell III et ux. Lois
809809 M. Powell recorded in Clerk's File number 94-0015097, Land Records,
810810 Collin County, Texas;
811811 THENCE North 89°14'20" East with the south line of said Paul H.
812812 Powell III passing at 40.07 feet a 1/2" iron rod found at the
813813 southeast corner of said Paul H. Powell III and continuing for a
814814 total distance of 512.56 feet to a 1/2" iron rod found at the
815815 southeast corner of a tract of land described in a deed to Harris
816816 Living Trust recorded in Volume 5272, Page 4335, Land Records,
817817 Collin County, Texas;
818818 THENCE with the east line of said Harris Living Trust and along the
819819 general course of a barbwire fence the following calls:
820820 North 00°12'24" West a distance of 583.36 feet to a 5/8" iron rod
821821 with red cap marked KHA set for corner;
822822 North 00°04'15" West a distance of 407.78 feet to a 5/8" iron rod
823823 with red cap marked KHA set for corner;
824824 North 00°32'47" West a distance of 436.72 feet to a 5/8" iron rod
825825 with red cap marked KHA set for corner;
826826 North 00°12'16" West a distance of 186.87 feet to a 5/8" iron rod
827827 with red cap marked KHA set for corner;
828828 North 00°23'27" West passing at 365.71 a one inch iron pipe found and
829829 continuing for a total distance of 386.47 feet to a point for corner
830830 in the centerline of a branch of Honey Creek;
831831 SAVE AND EXCEPT
832832 BEING a 73.436 acre tract located in the Meredith Hart Survey,
833833 Abstract No. 371, Collin County, Texas, being part of that called
834834 189.1 acre tract described in Exhibit A to Special Warranty Deed
835835 recorded in Volume 5540, Page 826, Deed Records Collin County,
836836 Texas (D.R.C.C.T.), said 73.780 acre tract being more particularly
837837 described by metes and bounds as follows:
838838 BEGINNING at a found 1/2 inch iron rod for the most Westerly
839839 Southwest corner of said 189.1 acre tract, being called Southwest
840840 corner of a 81.43 acre tract described in Volume 294, Page 623.
841841 D.R.C.C.T., and being the Northwest corner of that called 23.09
842842 acre tract described in Deed to MAC TMK, Inc. as recorded in the
843843 County Clerk's File No. 93-0088052, Official Public Records Collin
844844 County, Texas (O.P.R.C.C.T.), being on the East line that tract
845845 described in Deed to RAIJCA 131, L.P. as recorded in Volume 5894,
846846 Page 3815, D.R.C.C.T., said iron rod being on the Westerly side of
847847 Collin County Road 201 (undefined prescriptive right of way);
848848 THENCE N 00°24'41" E, with the West line of said 189.1 acre tract and
849849 the East line of said RAIJCA 131 tract, a distance of 1459.36 feet
850850 to a point for corner;
851851 THENCE EAST, a distance of 1009.10 feet to point for corner in Honey
852852 Creek;
853853 THENCE Southeasterly, 50.00 feet southerly of and parallel with the
854854 center of Honey Creek as follows:
855855 N 89°17'25" E a distance of 65.31 feet, to a 5/8 inch CIRS; N
856856 45°54'31" E a distance of 104.17 feet; to a 5/8 inch CIRS;
857857 N 68°40'59" E a distance of 91.84 feet, to a 5/8 inch CIRS;
858858 S 52°57'13" E a distance of 63.08 feet to a 5/8 inch CIRS;
859859 S 14°09'17" W a distance of 100.37 feet, to a 5/8 inch CIRS;
860860 S 37°37'12" E a distance of 162.18 feet, to a 5/8 inch CIRS;
861861 S 46°25'07" E a distance of 294.74 feet, to a 5/8 inch CIRS;
862862 S 14°31'28" W a distance of 2613.97 feet, to a 5/8 inch CIRS in
863863 the center line of a proposed 120.00 foot Right-of-Way;
864864 THENCE S 14°31'38" W along the center line of said proposed
865865 Right-of-Way, a distance of 2671.17 feet to a 5/8 inch CIRS, said
866866 CIRS, said corner also being the beginning to a tangent curve to the
867867 left, having a central angle of 13°35'36", with a chord length of
868868 248.53 feet, and radius of 1050 feet, whose chord bears S 07°43'50"
869869 W;
870870 THENCE continuing along the center line of said proposed
871871 Right-of-Way and following said curve to the left a distance of
872872 249.11 feet to a point for corner;
873873 THENCE S 00°56'02" W leaving said curve to the left and vonintuing
874874 along the center line of said proposed Right-of-Way, a distance of
875875 317.34 feet to found 120d nail in the center of County Road 201;
876876 THENCE N 89°36'02" W, with said centerline, a distance of 391.763
877877 feet to a point for corner;
878878 THENCE N 00"13'29" E, leaving said centerline, at a distance of 15.5
879879 feet pass a found l/2-inch iron rod at a fence post, continuing for
880880 a total distance of 1984.82 feet to a found 1/2-inch iron rod at a
881881 fence post;
882882 THENCE N 89°08'40" W, generally with a fence, at a distance of 466.13
883883 feet passing a fence corner post on the ea.stem line of County Road
884884 201, continuing for a total distance 06.15 feet to the POINT OF
885885 BEGINNING, and containing 73.436 acres (3,198,870 square feet) of
886886 land, more or less.
887887 TRACT 2
888888 Being a tract of land situated in the Meredith Hart Survey, Abstract
889889 Number 371, Collin County, Texas, and being all of the called 254.64
890890 acre tract of land to Honey Creek Joint Venture II, as recorded in
891891 Collin County File Number 94-0092023, of the Deed Records of Collin
892892 County, Texas, and being more particularly described as follows:
893893 Beginning at a 1 inch iron pipe found in a North-South paved road
894894 (County Road Number 202) at the northwest corner of said Meredith
895895 Hart Survey and the northwest corner of said Honey Creek tract, said
896896 point also being the southwest corner of a tract of land to Malinda
897897 A. Warden called tract 2 as recorded in Collin County File
898898 No. 2005-0055890 of said Deed Records and lying on the east line of
899899 a tract of land to Robert Allen Davis and Laurie L. Davis as
900900 recorded in Volume 3543, Page 396 of said Deed Records;
901901 Thence South 88 degrees 52 minutes 49 seconds East along the north
902902 line of said Honey Creek tract a distance of 155.17 feet to a 5/8
903903 inch iron rod found for the southeast corner of said Warden tract
904904 lying on the south right-of-way line of Farm Road No. 543, (a
905905 variable width right-of-way), said point also lying at the
906906 beginning of a curve to the left;
907907 Thence with said curve to the left and along said south line of Farm
908908 Road No. 543 having a radius of 359.62 feet, a central angle of 27
909909 degrees 16 minutes, 51 seconds, and arc length of 171.23 feet, a
910910 chord bearing of south 75 degrees 14 minutes 21 seconds East a
911911 distance of 169.62 feet to a broken concrete highway monument found
912912 for corner;
913913 Thence South 88 degrees 52 minutes 49 seconds East continuing along
914914 said south line of Farm Road No. 543 a distance of 1135.30 feet to a
915915 broken concrete highway monument found for corner at the beginning
916916 of a curve to the right;
917917 Thence with said curve to the right continuing along said south line
918918 of Farm Road No. 543 having a radius of 2825.16 feet, a central
919919 angle of 02 degrees 43 minutes 37 seconds, and arc length of 134.47
920920 feet, and chord bearing of South 87 degrees 20 minutes 32 seconds
921921 East a distance of 134.46 feet to a 1/2 inch iron rod found for the
922922 most northerly northeast corner of said Honey Creek tract and the
923923 northwest corner of a tract of land to Elelyn Cole Family, LTD as
924924 recorded in Collin County File Number 2000-0040586 of said Deed
925925 Records;
926926 Thence South 01 degrees 39 minutes 39 seconds West departing said
927927 south line of Farm Road No. 543 and along the common line of said
928928 Honey Creek tract and said Cole tract a distance of 1147.33 feet to
929929 a 1 inch iron pipe found for the southwest corner of said Cole tract
930930 and an inner ell corner of said Honey Creek tract;
931931 Thence South 87 degrees 32 minutes 32 seconds East along the south
932932 line of said Cole tract and the south line of a tract of land to
933933 Mescal Hill Wilson as recorded in Instrument Number
934934 20091215001497350 of the Official Public Records of Collin County,
935935 Texas, passing the common southeast and southwest corner of said
936936 Cole and Wilson tracts and continuing a total distance of 1177.20
937937 feet to a 3/8 inch iron rod found for the most easterly northeast
938938 corner of said Honey Creek tract and the northwest corner of a tract
939939 of land to Gregory Mills as recorded in Collin County File Number
940940 2001-0044545 bf said Deed Records;
941941 Thence South O1 degree 00 minutes 3 6 seconds West along the east
942942 line of said Honey Creek tract a distance of 1783 .23 feet to a
943943 square bolt found for corner at an angle point on said east line,
944944 said point also being the southwest corner of a tract of land to
945945 Mackuehn Partners, LLC. as recorded in Instrument Number
946946 20140131000096000 of said Official Records and the northwest corner
947947 of a tract of land to Robert Nicholas Oliver as recorded in
948948 Instrument Number 20070510000633 570 of said Official Records;
949949 Thence South 00 degrees 57 minutes 33 seconds West continuing along
950950 the east line of said Honey Creek and along the west line of said
951951 Oliver tract a distance of 1062. 76 feet to a 5/8 inch iron rod with
952952 cap stamped "R.P.L.S. 5430" set for a southeast corner of said Honey
953953 Creek tract and the south west corner of said Oliver tract, said
954954 point also lying in the aforementioned County Road Number 202 and on
955955 the North line of a tract of land to Helen L. Cambell Supplemental
956956 Needs Trust as recorded in Instrument Number 20130423000545440 of
957957 said Official Records;
958958 Thence South 89 degrees 14 minutes 22 seconds West along the common
959959 line of said Honey Creek tract and said Trust tract along said
960960 County Road Number 202 a distance of 457.49 feet to a PK nail found
961961 for the northwest comer of a tract of land to Daniel Travis Squires
962962 and Dalana Lin squires as recorded in Instrument Number
963963 20140401000304730 of said Official Records;
964964 Thence South 01 degree 12 minutes 08 seconds West departing said
965965 County Road Number 202 and along the common line of said Honey Creek
966966 tract and said Squires tract a distance of 469.12 feet to a 5/8 inch
967967 iron rod found for corner;
968968 Thence North 87 degrees 11 minutes 23 seconds West continuing along
969969 said common line a distance of 245.21 feet to a 5/8 inch iron rod
970970 found for corner;
971971 Thence South 01 degree 33 minutes 59 seconds West continuing along
972972 said common line and along the west line of said Trust tract a
973973 distance of 829.22 feet to a 5/8 inch iron rod found for corner;
974974 Thence North 85 degrees 17 minutes 53 seconds West along the
975975 southerly line of said Honey Creek tract a distance of 184.73 feet
976976 to a point in the center of Honey Creek;
977977 Thence with the southerly line of said Honey Creek tract and the
978978 center of Honey Creek the following course and distance;
979979 North 60 degrees 24 minutes 45 seconds West a distance of 109.27
980980 feet;
981981 North 46 degrees 36 minutes 54 seconds West a distance of 72.41
982982 feet;
983983 North 54 degrees 51 minutes 40 seconds West a distance of 59.44
984984 feet;
985985 North 42 degrees 36 minutes 58 seconds West a distance of 84.43
986986 feet;
987987 North 49 degrees 15 minutes 50 seconds West a distance of 200.09
988988 feet;
989989 North 43 degrees 14 minutes 41 seconds West a distance of 168.42
990990 feet;
991991 North 18 degrees 52 minutes 24 seconds West a distance of 52.83
992992 feet;
993993 North 25 degrees 56 minutes 16 seconds East a distance of 66.43
994994 feet;
995995 North 12 degrees 20 minutes 03 seconds West a distance of 67.01
996996 feet;
997997 North 51 degrees 09 minutes 18 seconds West a distance of 90.73
998998 feet;
999999 South 80 degrees 11 minutes 04 seconds West a distance of 105.97
10001000 feet;
10011001 South 44 degrees 09 minutes 44 seconds West a distance of 157.50
10021002 feet;
10031003 North 71 degrees 32 minutes 52 seconds West a distance of 102.21
10041004 feet;
10051005 North 43 degrees 44 minutes 50 seconds West a distance of 177.80
10061006 feet;
10071007 North 60 degrees 01 minutes 30 seconds West a distance of 206.11
10081008 feet;
10091009 North 48 degrees 50 minutes 27 seconds West a distance of 157.77
10101010 feet;
10111011 North 30 degrees 38 minutes 03 seconds West a distance of 105.92
10121012 feet;
10131013 North 53 degrees 16 minutes 07 seconds West a distance of 86.80
10141014 feet;
10151015 North 83 degrees 45 minutes 32 seconds West a distance of 167.62
10161016 feet;
10171017 North 15 degrees 09 minutes 06 seconds West a distance of 212.76
10181018 feet;
10191019 North 13 degrees 24 minutes 18 seconds West a distance of 90.73
10201020 feet;
10211021 North 40 degrees 03 minutes 14 seconds West a distance of 41.74
10221022 feet;
10231023 Thence North 47 degrees 29 minutes 14 seconds East departing said
10241024 corner of Honey Creek a distance of 44.08 feet to a 5/8 inch iron rod
10251025 found for corner on the west line of said Honey Creek tract;
10261026 Thence North 00 degrees 45 minutes 31 seconds West along thew west
10271027 line of said Honey Creek tract a distance of 582.40 feet to a 5/8
10281028 inch iron rod found for corner;
10291029 Thence North 12 degrees 05 minutes 41 seconds West continuing along
10301030 said west line a distance of 84.06 feet to a 5/8 inch iron rod found
10311031 for corner;
10321032 Thence North 25 degrees 09 minutes 52 seconds West continuing along
10331033 said west line a distance of 181.31 feet to a 5/8 inch iron rod found
10341034 for corner;
10351035 Thence North 00 degrees 31 minutes 02 seconds East continuing along
10361036 said west line and generally near the center of said County Road
10371037 Number 202 a distance of 1340.78 feet to a 1/2 inch iron rod found
10381038 for corner;
10391039 Thence North 01 degrees 14 minutes 46 seconds East continuing along
10401040 said west line and said County Road Number 202 a distance of 538.52
10411041 feet to a 5/8 inch iron rod with cap stamped "R.P.:.S. 5430" set for
10421042 corner;
10431043 Thence North 00 degrees 00 minutes 58 seconds West continuing along
10441044 said west line and said County Road Number 202 a distance of 671.18
10451045 feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
10461046 corner;
10471047 Thence North 00 degrees 09 minutes 16 seconds East continuing along
10481048 said west line and said County Road Number 202 a distance of 576.89
10491049 feet to the POINT OF BEGINNING containing 11,090,197 square Feet,
10501050 or 254.596 acres of land.
10511051 TRACT 3
10521052 BEING A 7.730 ACRE TRACT OF LAND SITUATED IN THE MEREDITH HART
10531053 SURVEY, ABSTRACT NO. 371, COLLIN COUNTY, TEXAS, BEING A PORTION OF
10541054 THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO ROBERT NICHOLAS
10551055 OLIVIER, AS RECORDED IN INSTRUMENT NO. 20070510000633570, DEED
10561056 RECORDS, COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY
10571057 DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
10581058 BEGINNING AT A SET PK NAIL AT THE SOUTHWEST CORNER OF SAID OLIVIER
10591059 TRACT, SAID PK NAIL BEING IN COUNTY ROAD 202;
10601060 THENCE NORTH, PASSING A 1/2-INCH IRON ROD FOUND AT A DISTANCE OF
10611061 30.19 FEET AND CONTINUING A TOTAL DISTANCE OF 808.75 FEET ALONG THE
10621062 WEST LINE OF SAID OLIVIER TRACT TO A 1/2-INCH IRON ROD SET AT THE
10631063 NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;\
10641064 THENCE NORTH 89° 1O' 34" EAST, DEPARTING SAID WEST LINE, PASSING A
10651065 1/2-INCH IRON ROD SET AT A DISTANCE OF 703.47 FEET AND CONTINUING A
10661066 TOTAL DISTANCE OF 733.47 FEET TO A SET PK NAIL AT THE NORTHEAST
10671067 CORNER OF THIS TRACT, SAID PK NAIL BEING IN AFORESAID COUNTY ROAD
10681068 202;
10691069 THENCE SOUTH 00° 52' 00" EAST, A DISTANCE OF 155.27 FEET ALONG SAID
10701070 COUNTY ROAD 202 TO A SET PK NAIL AT THE MOST NORTHERLY SOUTHEAST
10711071 CORNER OF THIS TRACT;
10721072 THENCE SOUTH 89° 10' 34" WEST, DEPARTING SAID COUNTY ROAD 202,
10731073 PASSING A 1/2-INCH IRON ROD SET AT A DISTANCE OF 30.00 FEET AND
10741074 CONTINUING A TOTAL DISTANCE OF 400.00 FEET TO A 1/2-INCH IRON ROD
10751075 SET;
10761076 THENCE SOUTH 00° 52' 00" EAST, PASSING A 1/2-INCH IRON ROD SET AT A
10771077 DISTANCE OF 623.40 FEET AND CONTINUING A TOTAL DISTANCE OF 653.40
10781078 FEET TO A SET PK NAIL AT THE MOST SOUTHERLY SOUTHEAST CORNER OF THIS
10791079 TRACT, SAID PK NAIL BEING IN SAID COUNTY ROAD 202;
10801080 THENCE SOUTH 89° 10' 34" WEST, A DISTANCE OF 345.70 FEET ALONG SAID
10811081 COUNTY ROAD 202 TO THE POINT OF BEGINNING AND CONTAINING 336,718
10821082 SQUARE FEET OR 7.730 ACRES OF LAND.
10831083 TRACT 4
10841084 BEING, a tract of land situated in the T. Cunis Survey, Abstract
10851085 Number 211, Collin County, Texas, and being all of a tract of land
10861086 conveyed to Thomas A. Helsley, as recorded in Volume 5848, Page
10871087 4493, of the Deed Records of Collin County, Texas, and being more
10881088 particularly described as follows:
10891089 BEGINNING at a point near the center of an asphalt road called
10901090 Geren Trail, said point being the northeast corner of said Helsley
10911091 tract and the northwest corner of a tract of land to McKinney Ranch,
10921092 LTD. as recorded in Instrument Number 20140108000018880 of the
10931093 Official Public Records of Collin County, Texas, from which a 1/2
10941094 inch iron rod with cap stamped "R.P.L.S. 3963" found at an angle
10951095 point on the north line of said McKinney Ranch tract bears North 89
10961096 degrees 26 minutes 30 seconds East a distance of 115.63 feet;
10971097 THENCE South 00 degrees 33 minutes 30 seconds East along the common
10981098 line of said Helsley tract and said McKinney Ranch tract a distance
10991099 of 980.00 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S.
11001100 3963" found for the southeast corner of said Helsley tract and the
11011101 southwest corner of said McKinney Ranch tract, said point also
11021102 lying on the north line of a tract of land to McKinney Independent
11031103 School District (M.I.S.D.) as recorded in 2012040200038050 of the
11041104 Official Public Records of Collin County, Texas;
11051105 THENCE South 89 degrees 27 minutes 36 seconds West along the common
11061106 line of said Helsley tract and said M.I.S.D. tract, a distance of
11071107 1169.89 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3963"
11081108 found for the southwest corner of said Helsley tract lying on the
11091109 east right-of-way line of F.M. Highway No. 1461 (variable width
11101110 right-of-way);
11111111 THENCE North 00 degrees 06 minutes 23 seconds East along the east
11121112 line of said F.M. 1461, a distance of 107.58 feet to a 1/2 inch iron
11131113 rod with red cap found for corner at an angle point in same;
11141114 THENCE South 89 degrees 53 minutes 37 seconds East continuing along
11151115 said East line of F.M. 1461, a distance of 19.67 feet to an inner ell
11161116 corner of said Helsley tract lying on the east line of County Road
11171117 166 (variable width right-of-way);
11181118 THENCE North 00 degrees 46 minutes 08 seconds West along the east
11191119 line of said County Road 166, a distance of 663.23 feet to the most
11201120 westerly northwest corner of said Helsley tract, same being the
11211121 southwest corner of a tract of land to Jack Geren as recorded in
11221122 Volume 830, Page 770 of the Deed Records of Collin County, Texas;
11231123 THENCE North 89 degrees 19 minutes 27 seconds East along the common
11241124 line of said Geren tract and said Helsley tract, a distance of
11251125 356.14 feet to a 1/2 inch iron rod found for an inner ell corner of
11261126 same;
11271127 THENCE North 00 degrees 31 minutes 34 seconds West continuing along
11281128 said Common line, a distance of 208.33 feet to a "PK" nail found
11291129 near the center of said asphalt road called Geren Trail, said point
11301130 being the most northerly northwest corner of said Helsley tract,
11311131 and the northeast corner of said Geren tract;
11321132 THENCE North 89 degrees 26 minutes 30 seconds East along the north
11331133 line of said Helsley tract and said Geren Trail, a distance of
11341134 795.15 feet to the POINT OF POINT OF BEGINNING containing 1,054,944
11351135 square Feet, or 24.218 acres of land with containing 1,054,944
11361136 square Feet, or 24.218 acres of land with approximately 14,473
11371137 square feet or 0.332 of an acre lying in said asphalt road called
11381138 Geren Trail, (area between property line and fence line).
11391139 TRACT 5
11401140 BEING, a tract of land situated in the T. Cunis Survey, Abstract
11411141 Number 211, Collin County, Texas, and being all of Tract one and
11421142 Tract two conveyed to Baylor Health Care System, as recorded in
11431143 Volume 5848, Page 4498, of the Deed Records of Collin County, Texas,
11441144 and being more particularly described as follows:
11451145 BEGINNING at a point near the center of an asphalt road called Geren
11461146 Trail, said point being the northwest corner of said Tract one;
11471147 THENCE North 89 degrees 26 minutes 29 seconds East, along the near
11481148 center of said asphalt road, and the north line of said Tract one, a
11491149 distance of 115.63 feet to a 1/2 inch iron rod with cap stamped
11501150 "R.P.L.S. 3963" found for corner at an angle point;
11511151 THENCE North 88 degrees 52 minutes 48 seconds East, leaving said
11521152 asphalt road, and continuing along the north line of said Tract one,
11531153 a distance of 640.35 feet to a 12 inch wood fence post found for
11541154 corner from which a 60D nail found fore reference bears North 14
11551155 degrees 09 minutes 44 seconds East, 0.69 feet, said point also being
11561156 the northwest corner of the aforementioned Tract two;
11571157 THENCE North 89 degrees 28 minutes 42 seconds East, along the north
11581158 line of said Tract two, a distance of 1234.62 feet to a 1/2 inch iron
11591159 rod with cap stamped "R.P.L.S. 3963" found for the northeast corner
11601160 of said Tract two, and the northwest corner of a tract of land
11611161 conveyed to McKinney Ranch, LTD., as recorded in instrument number
11621162 20060208000170600, of the Official Public Records of Collin County,
11631163 Texas;
11641164 THENCE South 00 degrees, 33 minutes, 31 second East, along west line
11651165 of said McKinney Ranch tract, and the east line of said Tract two, a
11661166 distance of 985.49 feet to a 5/8 inch iron rod found for the
11671167 southeast corner of said tract two and a inner ell corner of said
11681168 McKinney Ranch tract;
11691169 THENCE South 89 degrees, 26 minutes, 33 seconds West, along the
11701170 common line of said Tract two and McKinney Ranch tract, passing a
11711171 1/2 inch iron rod with cap stamped "R.P.L.S. 3963" found for the
11721172 southwest corner of said Tract two, the southeast corner of said
11731173 Tract one, a northwest corner of said McKinney Ranch tract, and the
11741174 northeast corner of a tract of land conveyed to McKinney
11751175 Independent School District as recorded in instrument number
11761176 20120402000380350, of the Official Public Records of Collin County,
11771177 Texas at a distance of 1230.34 feet, and continuing along the common
11781178 line of said Tract two and said McKinney Independent School
11791179 District, for a total distance of 1990.57 feet to a 1/2 inch iron
11801180 rod with cap stamped "R.P.L.S. 396311 found for the southwest
11811181 corner of said Tract one and the southeast corner of a tract of land
11821182 conveyed to Thomas A. Helsley recorded in Volume 5848, Page 4493,
11831183 Deed Records of Collin County, Texas;
11841184 THENCE North 00 degree 33 minutes 30 seconds West, along the common
11851185 line of said Tract one and said Helsley tract, a distance of 979.98
11861186 feet, to the point of beginning and containing 1,960,013 square
11871187 feet or 44.996 acres of land.
11881188 TRACT 6
11891189 BEING, a tract of land situated in the T. Cunis Survey, Abstract
11901190 Number 211, City of McKinney, Collin County, Texas, and being the
11911191 remainder of a 184.822 acre tract of land described in deed to Eddie
11921192 B. and Mary K. Maxwell, as recorded in Volume 3834, Page 84, of the
11931193 Deed Records of Collin County, Texas, and being more particularly
11941194 described as follows:
11951195 BEGINNING at a 60D nail found for comer near the center of County
11961196 Road 164, said oint being the southwest comer of a tract of land
11971197 conveyed to R & L Knipe Resource . Tract, recorded in Volume 4697,
11981198 Page 1782, of the Deed Records of Collin County, Texas.
11991199 THENCE South 89 degrees 56 minutes 56 seconds West, along the near
12001200 center of said County Road 164 and the south line of said tract, a
12011201 distance of 1768.09 feet to a 1 /2 inch iron rod found for comer in
12021202 said County Road, said point also being the southeast comer of
12031203 Bloomdale estates, an addition to the City of McKinney, as recorded
12041204 in Cabinet J, Page 981 of the Map records of Collin County, Texas;
12051205 THENCE North 00 degrees 56 minutes 19 seconds West, along the east
12061206 line of said Bloomdale Estates, passing a 1/2 inch iron rod found
12071207 for the southeast corner of Lot 10 at 60 feet, and continuing for a
12081208 total distance of 1749.40 feet to a 1/2 inch iron rod found for the
12091209 northeast corner of said Bloomdale Estates, said point also being
12101210 the southeast corner of a tract of land conveyed to McKinney I.S.D.,
12111211 as recorded in Instrument number 20120402000380350, of the Official
12121212 Public Records of Collin County, Texas;
12131213 THENCE North 00 degree 51 minutes 28 seconds West, along the east
12141214 line of said McKinney I.S.D. tract, passing a 1/2 inch iron rod with
12151215 cap stamped "R.P.L.S. 3963" found for the northeast corner of said
12161216 McKinney I.S.D. tract, and the southeast corner of a tract of land
12171217 conveyed to McKinney I.S.D., as recorded in Instrument number
12181218 20120402000380350, and continuing for a total distance of 1275.59
12191219 feet to a 5/8 inch iron rod found with cap stamped "KHA", said point
12201220 lying of the south line of a tract of land conveyed to McKinney
12211221 Ranch, Ltd., as recorded in Instrument number 20060208000170600, of
12221222 the Official Public Records of Collin County, Texas;
12231223 THENCE North 89 Degrees 41 Minutes, 19 seconds East, along the south
12241224 line of said McKinney Ranch tract, a distance of 1875.61 feet to a
12251225 1/2 inch iron rod found for corner at the base of a double trunked 10
12261226 inch Hackberry tree, said point also being the northwest corner of a
12271227 tract of land conveyed to Rene Bates, as recorded in instrument
12281228 number 20070917001294740, of the Official Public Records of Collin
12291229 County, Texas;
12301230 THENCE with the west line of said Bates tract the following courses
12311231 and distances:
12321232 South 17 degrees 31 minutes 38 seconds East, a distance of
12331233 287.57 feet to steel fence post for corner;
12341234 South 39 degrees 23 minutes 37 seconds East, a distance of
12351235 124.08 feet to steel fence post for corner;
12361236 South 00 degree 42 minutes 59 seconds West, a distance of 68.64 feet
12371237 to a 5/8 inch iron rod with cap stamped "KHA" found for comer, said
12381238 point lying on the north line of a tract of land conveyed to Dennis
12391239 A. Bryant & Martha J. Bryant, as recorded in instrument number
12401240 93-0014444, of the Deed Records of Collin County, Texas;
12411241 THENCE South 89 degrees 02 minutes 44 seconds West, along the north
12421242 line of said Bryant tract, a distance of 187 .67 feet to a 1 /2 inch
12431243 iron rod found for comer near the north base of a steel fence post,
12441244 said point also being the northwest comer of said Bryant tract;
12451245 THENCE South 00 degree 59 minutes 36 seconds East, along the west
12461246 line of said Bryant tract, and passing the northwest corner of a
12471247 tract of land conveyed to Michael Larry Culbreath et ux, As recorded
12481248 in Volume 4283, Page 2451 of the Deed Records of Collin County,
12491249 Texas, and continuing with the west line of said Vulbreath tract a
12501250 total distance of 1056.50 feet to a 1/2 inch iron rod found for
12511251 corner in the north line of a tract of land conveyed Rene Bates, as
12521252 recorded in instrument number 20111004001062750, of the Official
12531253 Public Records of Collin County, Texas;
12541254 THENCE with the north and west line of said Bates tract the
12551255 following courses and distances;
12561256 South 89 Degrees 19 minutes 07 seconds West, a distance of
12571257 80.01 feet to a 1/2 inch iron rod found for corner at the northwest
12581258 base of a steel fence post;
12591259 South 00 degree 53 minutes 58 seconds East, a distance of
12601260 530.10 feet to a 1/2 inch iron rod found for corner, said point
12611261 being the northwest corner of a tract of land conveyed to Richard
12621262 Knipe et ux of the Deed Records of Collin County, Texas;
12631263 THENCE South 00 Degree 57 minutes 27 second East, along the west
12641264 line of said Richard Knipe et ux tract, and passing a 1/2 inch iron
12651265 rod found for the northwest corner of the aforementioned R & L Knipe
12661266 Resources tract at a distance of 523.10 feet, and continuing along
12671267 the west line of said R & L Knipe Resources tract, a total distance
12681268 of 1004.17 feet, to the point of beginning and containing 5,519,836
12691269 square feet or 126.718 acres of land.
12701270 TRACT 7
12711271 BEING a 45.060 acre tract of land situated in the William Rice
12721272 Survey, Abstract Number 769, Collin County, Texas and being all of a
12731273 called 45.013 acre tract of land to Barcelona 93, LTD AS
12741274 recorded in Instrument Number 20160705000847670 of the Official
12751275 Public Records of Collin County, Texas and being more particularly
12761276 described as follows;
12771277 BEGINNING at a 1" flat iron found in the center of County Road 1006
12781278 for the northwest corner of said 45.013 acre tract and the northeast
12791279 corner of a called 10.107 acre tract of land to Randall
12801280 K. Hickman and Patricia C. Hickman, Husband and Wife as recorded in
12811281 Instrument Number 20150306000247630 of the Official Public Records
12821282 of Collin County, Texas;
12831283 THENCE South 89 degrees 46 minutes 44 seconds East along the center
12841284 of said County Road 1006, same being the north line of said 45.013
12851285 acre tract, a distance of 139.84 feet to a mag nail
12861286 set for corner;
12871287 THENCE North 89 degrees 00 minutes 16 seconds East continuing along
12881288 the center of said County Road 1006, same being the north line of
12891289 said 45.013 acre tract, a distance of 376.07 feet to a 1/2 inch iron
12901290 rod found for corner;
12911291 THENCE North 89 degrees 13 minutes 11 seconds East continuing along
12921292 the center of said County Road 1006, same being the north line of
12931293 said 45.013 acre tract, a distance of 1070.43 feet
12941294 to a 1/2 inch iron rod found for the northeast corner of said 45.013
12951295 acre tract;
12961296 THENCE South 00 degrees 40 minutes 37 seconds East along the east
12971297 line of said 45.013 acre tract and generally along a barbed wire
12981298 fence, a distance of 686.16 feet to a fence corner post
12991299 found for corner;
13001300 THENCE North 88 degrees 17 minutes 51 seconds East continuing along
13011301 the east line of said 45.013 acre tract and generally along a barbed
13021302 wire fence, a distance of 15.05 feet to a fence
13031303 corner post found for corner;
13041304 THENCE South 00 degrees 34 minutes 36 seconds East continuing along
13051305 the east line of said 45.013 acre tract and generally along a barbed
13061306 wire fence, a distance of 755.74 feet to a 1/2 inch
13071307 iron rod with cap stamped "RPLS 5190" found for the southeast corner
13081308 of said 45.013 acre tract, same being the northeast corner of a
13091309 called 7.00 acre tract of land to Rene Bates as recorded
13101310 in Instrument Number 20110106000027310 of the Official Public
13111311 Records of Collin County, Texas;
13121312 THENCE North 88 degrees 07 minutes 54 seconds West along the common
13131313 line of said 45.013 acre tract and said 7.00 acre tract, a distance
13141314 of 1080.82 feet to a 1/2 inch iron rod found in a
13151315 north/south barbed wire fence on the east line of a called 18.97
13161316 acre tract of land to Rene Bates as recorded in Instrument Number
13171317 20151231001629740 of the Official Public Records of Collin
13181318 County, Texas for the most southerly southwest corner of said
13191319 45.013 acre tract and the northwest corner of said 7.00 acre tract;
13201320 THENCE North 00 degrees 51 minutes 16 seconds West along the common
13211321 line of said 45.013 acre tract and said 18.97 acre tract and
13221322 generally along a barbed wire fence, a distance of
13231323 529.96 feet to a 1 inch iron pipe found on the east side of a fence
13241324 corner post for an inner ell corner of said 45.013 acre tract and
13251325 the northeast corner of said 18.97 acre tract;
13261326 THENCE North 88 degrees 36 minutes 28 seconds West continuing along
13271327 the common line of said 45.013 acre tract and said 18.97 acre tract
13281328 and generally along a barbed wire fence, a
13291329 distance of 515.75 feet to a 1 inch iron pipe found on the west side
13301330 of a fence corner post for the most westerly southwest corner of
13311331 said 45.013 acre tract and the southeast corner of the
13321332 aforementioned 10.107 acre tract;
13331333 THENCE North 00 degrees 53 minutes 46 seconds West, along the common
13341334 line of said 45.013 acre tract and said 10.107 acre tract and
13351335 generally along a barbed wire fence, a distance of
13361336 843.23 feet to the POINT OF BEGINNING containing 1,962,793 square
13371337 feet, or 45.060 acres of land.
13381338 SECTION 3. (a) The legal notice of the intention to
13391339 introduce this Act, setting forth the general substance of this
13401340 Act, has been published as provided by law, and the notice and a
13411341 copy of this Act have been furnished to all persons, agencies,
13421342 officials, or entities to which they are required to be furnished
13431343 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
13441344 Government Code.
13451345 (b) The governor, one of the required recipients, has
13461346 submitted the notice and Act to the Texas Commission on
13471347 Environmental Quality.
13481348 (c) The Texas Commission on Environmental Quality has filed
13491349 its recommendations relating to this Act with the governor,
13501350 lieutenant governor, and speaker of the house of representatives
13511351 within the required time.
13521352 (d) All requirements of the constitution and laws of this
13531353 state and the rules and procedures of the legislature with respect
13541354 to the notice, introduction, and passage of this Act have been
13551355 fulfilled and accomplished.
13561356 SECTION 4. This Act takes effect immediately if it receives
13571357 a vote of two-thirds of all the members elected to each house, as
13581358 provided by Section 39, Article III, Texas Constitution. If this
13591359 Act does not receive the vote necessary for immediate effect, this
13601360 Act takes effect September 1, 2023.
13611361 * * * * *
13621362
13631363 Pos. No. Name of Director
13641364
13651365 1 Rafael Parker
13661366
13671367 2 Mateo Jaramillo
13681368
13691369 3 Hector Alba
13701370
13711371 4 Laura Santos
13721372
13731373 5 Ricardo Soto