Texas 2023 - 88th Regular

Texas Senate Bill SB2598 Compare Versions

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11 S.B. No. 2598
22
33
44 relating to the creation of the Honey Creek Improvement District
55 No. 1; providing authority to issue bonds; providing authority to
66 impose assessments and fees.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Subtitle C, Title 4, Special District Local Laws
99 Code, is amended by adding Chapter 3796 to read as follows:
1010 CHAPTER 3796. HONEY CREEK IMPROVEMENT DISTRICT NO. 1
1111 SUBCHAPTER A. GENERAL PROVISIONS
1212 Sec. 3796.0101. DEFINITIONS. In this chapter:
1313 (1) "Board" means the district's board of directors.
1414 (2) "City" means the City of McKinney.
1515 (3) "Development agreement" means a development
1616 agreement between the city and a developer of lands in the district
1717 that establishes the standards that apply to development in the
1818 district.
1919 (4) "Director" means a board member.
2020 (5) "District" means the Honey Creek Improvement
2121 District No. 1.
2222 Sec. 3796.0102. NATURE OF DISTRICT. The Honey Creek
2323 Improvement District No. 1 is a special district created under
2424 Section 59, Article XVI, Texas Constitution.
2525 Sec. 3796.0103. PURPOSE; DECLARATION OF INTENT. (a) The
2626 creation of the district is essential to accomplish the purposes of
2727 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2828 Texas Constitution, and other public purposes stated in this
2929 chapter.
3030 (b) By creating the district and in authorizing the city and
3131 other political subdivisions to contract with the district, the
3232 legislature has established a program to accomplish the public
3333 purposes set out in Section 52-a, Article III, Texas Constitution.
3434 (c) The creation of the district is necessary to promote,
3535 develop, encourage, and maintain employment, commerce,
3636 transportation, housing, tourism, recreation, the arts,
3737 entertainment, economic development, safety, and the public
3838 welfare in the district.
3939 (d) This chapter and the creation of the district may not be
4040 interpreted to relieve the city from providing the level of
4141 services provided as of the effective date of the Act enacting this
4242 chapter to the area in the district. The district is created to
4343 supplement and not to supplant city services provided in the
4444 district.
4545 Sec. 3796.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4646 (a) All land and other property included in the district will
4747 benefit from the improvements and services to be provided by the
4848 district under powers conferred by Sections 52 and 52-a, Article
4949 III, and Section 59, Article XVI, Texas Constitution, and other
5050 powers granted under this chapter.
5151 (b) The district is created to serve a public use and
5252 benefit.
5353 (c) The creation of the district is in the public interest
5454 and is essential to further the public purposes of:
5555 (1) developing and diversifying the economy of the
5656 state;
5757 (2) eliminating unemployment and underemployment; and
5858 (3) developing or expanding transportation and
5959 commerce.
6060 (d) The district will:
6161 (1) promote the health, safety, and general welfare of
6262 residents, employers, potential employees, employees, visitors,
6363 and consumers in the district, and of the public;
6464 (2) provide needed funding for the district to
6565 preserve, maintain, and enhance the economic health and vitality of
6666 the district territory as a community and business center;
6767 (3) promote the health, safety, welfare, and enjoyment
6868 of the public by providing pedestrian ways and by landscaping and
6969 developing certain areas in the district, which are necessary for
7070 the restoration, preservation, and enhancement of scenic beauty;
7171 and
7272 (4) provide for water, wastewater, drainage, road, and
7373 recreational facilities for the district.
7474 (e) Pedestrian ways along or across a street, whether at
7575 grade or above or below the surface, and street lighting, street
7676 landscaping, parking, and street art objects are parts of and
7777 necessary components of a street and are considered to be a street
7878 or road improvement.
7979 (f) The district will not act as the agent or
8080 instrumentality of any private interest even though the district
8181 will benefit many private interests as well as the public.
8282 Sec. 3796.0105. INITIAL DISTRICT TERRITORY. (a) The
8383 district is initially composed of the territory described by
8484 Section 2 of the Act enacting this chapter.
8585 (b) The boundaries and field notes contained in Section 2 of
8686 the Act enacting this chapter form a closure. A mistake in the
8787 field notes or in copying the field notes in the legislative process
8888 does not affect the district's:
8989 (1) organization, existence, or validity;
9090 (2) right to issue any type of bonds for the purposes
9191 for which the district is created or to pay the principal of and
9292 interest on the bonds;
9393 (3) right to impose or collect an assessment; or
9494 (4) legality or operation.
9595 Sec. 3796.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9696 All or any part of the area of the district is eligible to be
9797 included in:
9898 (1) a tax increment reinvestment zone created under
9999 Chapter 311, Tax Code; or
100100 (2) a tax abatement reinvestment zone created under
101101 Chapter 312, Tax Code.
102102 Sec. 3796.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
103103 DISTRICTS LAW. Except as otherwise provided by this chapter,
104104 Chapter 375, Local Government Code, applies to the district.
105105 Sec. 3796.0108. PRECONDITION; EXPIRATION. (a) The
106106 district may not exercise any powers under this chapter until the
107107 development agreement is executed. After the development agreement
108108 is executed, the district shall notify the Texas Commission on
109109 Environmental Quality of the date the agreement was executed.
110110 (b) This chapter, including Section 3796.0503, expires
111111 September 1, 2024, if the development agreement is not executed by
112112 that date.
113113 Sec. 3796.0109. CONSTRUCTION OF CHAPTER. This chapter
114114 shall be liberally construed in conformity with the findings and
115115 purposes stated in this chapter.
116116 SUBCHAPTER B. BOARD OF DIRECTORS
117117 Sec. 3796.0201. GOVERNING BODY; TERMS. (a) The district is
118118 governed by a board of five elected directors who serve staggered
119119 terms of four years.
120120 (b) Directors are elected in the manner provided by
121121 Subchapter D, Chapter 49, Water Code.
122122 Sec. 3796.0202. COMPENSATION; EXPENSES. (a) The district
123123 may compensate each director in an amount not to exceed $150 for
124124 each board meeting. The total amount of compensation for each
125125 director in one year may not exceed $7,200.
126126 (b) A director is entitled to reimbursement for necessary
127127 and reasonable expenses incurred in carrying out the duties and
128128 responsibilities of the board.
129129 Sec. 3796.0203. INITIAL DIRECTORS. (a) The initial board
130130 consists of the following directors:
131131 Pos. No. Name of Director Pos. No. Name of Director
132132 Pos. No. Name of Director
133133 1 Rafael Parker 1 Rafael Parker
134134 1 Rafael Parker
135135 2 Mateo Jaramillo 2 Mateo Jaramillo
136136 2 Mateo Jaramillo
137137 3 Hector Alba 3 Hector Alba
138138 3 Hector Alba
139139 4 Laura Santos 4 Laura Santos
140140 4 Laura Santos
141141 5 Ricardo Soto 5 Ricardo Soto
142142 5 Ricardo Soto
143143 (b) Of the initial directors, the terms of directors
144144 appointed for positions one through three expire June 1, 2025, and
145145 the terms of directors appointed for positions four and five expire
146146 June 1, 2027.
147147 SUBCHAPTER C. POWERS AND DUTIES
148148 Sec. 3796.0301. GENERAL POWERS AND DUTIES. The district
149149 has the powers and duties necessary to accomplish the purposes for
150150 which the district is created.
151151 Sec. 3796.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
152152 district, using any money available to the district for the
153153 purpose, may provide, design, construct, acquire, improve,
154154 relocate, operate, maintain, or finance an improvement project or
155155 service authorized under a development agreement described by
156156 Section 3796.0108, under this chapter, or under Chapter 375, Local
157157 Government Code.
158158 (b) The district may contract with a governmental or private
159159 entity to carry out an action under Subsection (a).
160160 (c) The implementation of a district project or service is a
161161 governmental function or service for the purposes of Chapter 791,
162162 Government Code.
163163 Sec. 3796.0303. NONPROFIT CORPORATION. (a) The board by
164164 resolution may authorize the creation of a nonprofit corporation to
165165 assist and act for the district in implementing a project or
166166 providing a service authorized by this chapter.
167167 (b) The nonprofit corporation:
168168 (1) has each power of and is considered to be a local
169169 government corporation created under Subchapter D, Chapter 431,
170170 Transportation Code; and
171171 (2) may implement any project and provide any service
172172 authorized by this chapter.
173173 (c) The board shall appoint the board of directors of the
174174 nonprofit corporation. The board of directors of the nonprofit
175175 corporation shall serve in the same manner as the board of directors
176176 of a local government corporation created under Subchapter D,
177177 Chapter 431, Transportation Code, except that a board member is not
178178 required to reside in the district.
179179 Sec. 3796.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
180180 The district may join and pay dues to a charitable or nonprofit
181181 organization that performs a service or provides an activity
182182 consistent with the furtherance of a district purpose.
183183 Sec. 3796.0305. PARKING FACILITIES. (a) The district may
184184 acquire, lease as lessor or lessee, construct, develop, own,
185185 operate, and maintain parking facilities or a system of parking
186186 facilities, including lots, garages, parking terminals, or other
187187 structures or accommodations for parking motor vehicles off the
188188 streets and related appurtenances.
189189 (b) The district's parking facilities serve the public
190190 purposes of the district and are owned, used, and held for a public
191191 purpose even if leased or operated by a private entity for a term of
192192 years.
193193 (c) The district's parking facilities are parts of and
194194 necessary components of a street and are considered to be a street
195195 or road improvement.
196196 (d) The development and operation of the district's parking
197197 facilities may be considered an economic development program.
198198 Sec. 3796.0306. ADDING OR EXCLUDING LAND. (a) Subject to
199199 Subsection (b), the district may add or exclude land in the manner
200200 provided by Subchapter J, Chapter 49, Water Code, or by Subchapter
201201 H, Chapter 54, Water Code.
202202 (b) The district may add territory as described by
203203 Subsection (a) only if the governing body of the city by ordinance
204204 or resolution consents to the addition.
205205 Sec. 3796.0307. DISBURSEMENTS AND TRANSFERS OF MONEY. The
206206 board by resolution shall establish the number of directors'
207207 signatures and the procedure required for a disbursement or
208208 transfer of district money.
209209 Sec. 3796.0308. DIVISION OF DISTRICT. (a) The district may
210210 be divided into two or more new districts only if the district:
211211 (1) has no outstanding bonded debt; and
212212 (2) is not imposing ad valorem taxes.
213213 (b) This chapter applies to any new district created by the
214214 division of the district, and a new district has all the powers and
215215 duties of the district.
216216 (c) Any new district created by the division of the district
217217 may not, at the time the new district is created, contain any land
218218 outside the area described by Section 2 of the Act enacting this
219219 chapter.
220220 (d) The board, on its own motion or on receipt of a petition
221221 signed by the owner or owners of a majority of the assessed value of
222222 the real property in the district, may adopt an order dividing the
223223 district.
224224 (e) An order dividing the district must:
225225 (1) name each new district;
226226 (2) include the metes and bounds description of the
227227 territory of each new district;
228228 (3) appoint initial directors for each new district;
229229 and
230230 (4) provide for the division of assets and liabilities
231231 between or among the new districts.
232232 (f) On or before the 30th day after the date of adoption of
233233 an order dividing the district, the district shall file the order
234234 with the Texas Commission on Environmental Quality and record the
235235 order in the real property records of each county in which the
236236 district is located.
237237 (g) Municipal consent to the creation of the district and to
238238 the inclusion of land in the district granted under Section
239239 3796.0503 acts as municipal consent to the creation of any new
240240 district created by the division of the district and to the
241241 inclusion of land in the new district.
242242 Sec. 3796.0309. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
243243 Section 375.161, Local Government Code, does not apply to the
244244 district.
245245 Sec. 3796.0310. NO AD VALOREM TAX. The district may not
246246 impose an ad valorem tax.
247247 Sec. 3796.0311. NO EMINENT DOMAIN POWER. The district may
248248 not exercise the power of eminent domain.
249249 SUBCHAPTER D. ASSESSMENTS
250250 Sec. 3796.0401. PETITION REQUIRED FOR FINANCING SERVICES
251251 AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
252252 service or improvement project with assessments under this chapter
253253 unless a written petition requesting that service or improvement
254254 has been filed with the board.
255255 (b) A petition filed under Subsection (a) must be signed by
256256 the owners of a majority of the assessed value of real property in
257257 the district subject to assessment according to the most recent
258258 certified tax appraisal roll for the county.
259259 Sec. 3796.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
260260 The board by resolution may impose and collect an assessment for any
261261 purpose authorized by this chapter in all or any part of the
262262 district.
263263 (b) An assessment, a reassessment, or an assessment
264264 resulting from an addition to or correction of the assessment roll
265265 by the district, penalties and interest on an assessment or
266266 reassessment, an expense of collection, and reasonable attorney's
267267 fees incurred by the district:
268268 (1) are a first and prior lien against the property
269269 assessed;
270270 (2) are superior to any other lien or claim other than
271271 a lien or claim for county, school district, or municipal ad valorem
272272 taxes; and
273273 (3) are the personal liability of and a charge against
274274 the owners of the property even if the owners are not named in the
275275 assessment proceedings.
276276 (c) The lien is effective from the date of the board's
277277 resolution imposing the assessment until the date the assessment is
278278 paid. The board may enforce the lien in the same manner that a
279279 taxing unit, as that term is defined by Section 1.04, Tax Code, may
280280 enforce an ad valorem tax lien against real property.
281281 (d) The board may make a correction to or deletion from the
282282 assessment roll that does not increase the amount of assessment of
283283 any parcel of land without providing notice and holding a hearing in
284284 the manner required for additional assessments.
285285 SUBCHAPTER E. BONDS
286286 Sec. 3796.0501. AUTHORITY TO BORROW MONEY AND TO ISSUE
287287 BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
288288 terms determined by the board.
289289 (b) The district may issue, by public or private sale,
290290 bonds, notes, or other obligations payable wholly or partly from
291291 assessments, revenue, contract payments, grants, or other district
292292 money, or any combination of those sources of money, to pay for any
293293 authorized district purpose.
294294 (c) The district may issue, by public or private sale,
295295 bonds, notes, or other obligations payable wholly or partly from
296296 assessments in the manner provided by Subchapter A, Chapter 372,
297297 Local Government Code, if the improvement financed by the
298298 obligation issued under this section will be conveyed to or
299299 operated and maintained by a municipality or other retail utility
300300 provider pursuant to an agreement with the district entered into
301301 before the issuance of the obligation.
302302 Sec. 3796.0502. BONDS SECURED BY REVENUE OR CONTRACT
303303 PAYMENTS. The district may issue, without an election, bonds
304304 secured by:
305305 (1) revenue other than ad valorem taxes, including
306306 contract revenues; or
307307 (2) contract payments, provided that the requirements
308308 of Section 49.108, Water Code, have been met.
309309 Sec. 3796.0503. CONSENT OF CITY REQUIRED. The board may not
310310 issue bonds until the city has consented by ordinance or resolution
311311 to the creation of the district and to the inclusion of land in the
312312 district as required by applicable law.
313313 SUBCHAPTER I. DISSOLUTION
314314 Sec. 3796.0901. DISSOLUTION. (a) The board shall dissolve
315315 the district on written petition filed with the board by the owners
316316 of:
317317 (1) 50 percent or more of the assessed value of the
318318 property subject to assessment by the district based on the most
319319 recent certified county property tax rolls; or
320320 (2) 50 percent or more of the surface area of the
321321 district, excluding roads, streets, highways, utility
322322 rights-of-way, other public areas, and other property exempt from
323323 assessment by the district according to the most recent certified
324324 county property tax rolls.
325325 (b) The district may not be dissolved if the district:
326326 (1) has any outstanding bonded or other indebtedness
327327 until that bonded or other indebtedness has been repaid or defeased
328328 in accordance with the order or resolution authorizing the issuance
329329 of the bonded or other indebtedness;
330330 (2) has a contractual obligation to pay money until
331331 that obligation has been fully paid in accordance with the
332332 contract; or
333333 (3) owns, operates, or maintains public works,
334334 facilities, or improvements unless the district contracts with
335335 another person for the ownership, operation, or maintenance of the
336336 public works, facilities, or improvements.
337337 (c) Section 375.262, Local Government Code, does not apply
338338 to the district.
339339 SECTION 2. The Honey Creek Improvement District No. 1
340340 initially includes all territory contained in the following area:
341341 LEGAL DESCRIPTION
342342 HONEY CREEK IMPROVEMENT DISTRICT NO. 1
343343 TRACT 1
344344 BEING a 1218.714 acre tract of land situated in the in the L.D.
345345 Davidson Survey, Abstract No. 285, the E. Hamilton Survey, Abstract
346346 No. 372, the W.H. Horn Survey, Abstract No. 1070, the W.M. Rice
347347 Survey, Abstract No. 770, and the Meredith Hart Survey, Abstract
348348 No. 371, City of McKinney, Collin County, Texas, and being the
349349 remainder of a 189.1 acre tract and 1064.2 acre tract of land
350350 described in a deed to Franklin Family Partnership recorded in
351351 Volume 5540, Page 826, Land Records, Collin County, Texas, and
352352 being part of a 3.00 acre tract of land described in a deed to Lela
353353 M. Fryar recorded in Volume 703, Page 617, Land Records, Collin
354354 County, Texas, and being all of a 10.00 acre tract of land described
355355 in a deed to Richard Loren Franklin recorded in Clerk File
356356 No. 95-0015568 Land Records, Collin County, Texas, and being more
357357 particularly described as follows:
358358 COMMENCING at a railroad spike found in asphalt at the intersection
359359 of the centerline of County Road 166 and County Road 168, said point
360360 being the apparent intersection of four surveys: the southeast
361361 corner of the Thomas E. Pelham Survey, Abstract Number 724, the
362362 southwest corner of the Jno. Cahill Survey, Abstract number 143,
363363 the northeast corner of said D. J. Franklin Survey, and the
364364 northwest corner of said L. D. Davidson Survey;
365365 THENCE North 89°41'47" East along the centerline of said County Road
366366 168 a distance 1278.96 feet to a 5/8" iron rod set for corner at the
367367 POINT OF BEGINNING, said point being the northeast corner of a tract
368368 of land described in a deed to Richard K. Hester et ux. Sarah P.
369369 Hester recorded in Volume 4171, Page 3124, Land Records, Collin
370370 County, Texas;
371371 THENCE North 89°41'47" East continuing along the centerline of said
372372 County Road 168 a distance of 3769.64 feet to a 1/2" iron rod found
373373 at the southeast corner of a tract of land described in a deed to
374374 Elizabeth Langston recorded in Volume 1372, Page 595, Land Records,
375375 Collin County, Texas;
376376 THENCE North 00°06'09" West with the east line of said Elizabeth
377377 Langston a distance of 1018.25 feet to a 5/8" iron rod with red cap
378378 marked KHA set at the northeast corner of a tract of land described
379379 in a deed to R.J. Knowles recorded in Volume 1372, Page 589, Land
380380 Records, Collin County, Texas;
381381 THENCE South 89°01'12" East passing at 314.35 feet a PK nail with
382382 washer found in asphalt at the most southerly southwest corner of a
383383 tract of land described in a deed to Charles M. and Jean A. Hicks
384384 recorded in Volume 5273, Page 6598, Land Records, Collin County,
385385 Texas, and continuing for a total distance of 1592.06 feet to an
386386 X-Cut set for corner on top of a concrete bridge in the west line of
387387 a tract of land described in a deed to Theresa N. Roeder recorded in
388388 Clerk File No. 95-0077977, Land Records, Collin County, Texas, said
389389 point being in the centerline of Honey Creek;
390390 THENCE along the centerline of said Honey Creek and with the west
391391 line of said Theresa N. Roeder the following calls:
392392 South 23°24'12" West a distance of 128.37 feet to a point for corner;
393393 South 08°30'42" East a distance of 83.53 feet to a point for corner;
394394 South 30°17'56" East a distance of 75.19 feet to a point for corner;
395395 South 52°40'13" East a distance of 96.34 feet to a point for corner;
396396 South 61°30'47" East a distance of 352.39 feet to a point for corner;
397397 South 53°06'14" East a distance of 95.82 feet to a point for corner;
398398 South 10°46'14" East a distance of 114.32 feet to a point for corner;
399399 South 12°54'15" East a distance of 67.33 feet to a point for corner;
400400 South 31°17'25" East a distance of 99.36 feet to a point for corner;
401401 South 45°27'58" East a distance of 51.57 feet to a point for corner;
402402 South 64°03'22" East a distance of 108.23 feet to a point for corner;
403403 South 59°27'11" East a distance of 107.89 feet to a point for corner;
404404 South 20°52'23" East a distance of 108.15 feet to a point for corner;
405405 South 13°47'15" West a distance of 62.76 feet to a point for corner;
406406 South 35°01'12" West a distance of 271.26 feet to a point for corner;
407407 South 06°27'44" East a distance of 137.08 feet to a point for corner;
408408 South 21°49'33" West a distance of 62.38 feet to a point for corner;
409409 South 06°52'20" West a distance of 90.73 feet to a point for corner;
410410 South 15°37'43" East a distance of 52.21 feet to a point for corner;
411411 South 64°55'40" East a distance of 29.37 feet to a point for corner;
412412 North 85°47'24" East a distance of 225.38 feet to a point for corner;
413413 South 73°52'41" East a distance of 284.02 feet to a point for corner;
414414 South 70°08'41" East a distance of 69.22 feet to a point for corner;
415415 South 46°07'44" East a distance of 58.55 feet to a point for corner;
416416 South 30°27'53" East a distance of 74.84 feet to a point for corner;
417417 South 45°09'41" East a distance of 73.01 feet to a point for corner;
418418 South 86°20'18" East a distance of 45.67 feet to a point for corner;
419419 North 70°07'08" East a distance of 125.46 feet to a point for corner
420420 in the west line of a tract of land described in a deed called "Tract
421421 One" to J.A. and Imogene Gooch Revocable Living Trust, recorded in
422422 Volume 5636, Page 4136, Land Records, Collin County, Texas;
423423 THENCE South 03°48'49" East departing the centerline of said Honey
424424 Creek and with the west line of said Tract One J.A. and Imogene
425425 Gooch Revocable Living Trust along a barbwire fence passing at
426426 51.57 feet a 1/2 inch iron rod found and continuing for a total
427427 distance of 199.72 feet to a 5/8" iron rod with red cap marked KHA
428428 set at the southwest corner of said Tract One J.A. and Imogene Gooch
429429 Revocable Living Trust;
430430 THENCE with the south line of said Tract One J.A. and Imogene Gooch
431431 Revocable Living Trust the following calls:
432432 South 79°35'20" East a distance of 110.76 feet to a 5/8" iron rod
433433 with red cap marked KHA set for corner;
434434 South 44°57'54" East a distance of 90.13 feet to a 5/8" iron rod with
435435 red cap marked KHA set for corner;
436436 North 67°12'40" East a distance of 174.48 feet to a 5/8" iron rod
437437 with red cap marked KHA set for corner;
438438 South 81°24'25" East a distance of 71.46 feet to a 5/8" iron rod with
439439 red cap marked KHA set for corner;
440440 South 66°47'34" East a distance of 178.26 feet to a point for corner
441441 in the centerline of said Honey Creek;
442442 THENCE along the centerline of said Honey Creek the following
443443 calls:
444444 South 59°29'36" West a distance of 48.92 feet to a point for corner;
445445 South 07°03'42" West a distance of 54.33 feet to the northwest
446446 corner of a tract of land described in a deed called "Tract Two" to
447447 J.A. and Imogene Gooch Revocable Living Trust recorded in Volume
448448 5636, Page 4136, Land Records, Collin County, Texas;
449449 THENCE departing the centerline of said Honey Creek and with the
450450 north, line of said Tract Two J.A. and Imogene Gooch Revocable
451451 Living Trust the following calls:
452452 South 25°06'09" West a distance of 85.01 feet to a 5/8" iron rod with
453453 red cap marked KHA set for corner;
454454 South 86°06'11" West a distance of 105.59 feet to a 5/8" iron rod
455455 with red cap marked KHA set for corner;
456456 North 62°04'42" West a distance of 70.34 feet to a 5/8" iron rod with
457457 red cap marked KHA set for corner;
458458 North 79°09'48" West a distance of 78.47 feet to a 5/8" iron rod with
459459 red cap marked KHA set for corner;
460460 South 76°09'56" West a distance of 228.54 feet to a 5/8" iron rod
461461 with red cap marked KHA set at the northwest corner of said Tract
462462 Two J.A. and Imogene Gooch Revocable Living Trust;
463463 THENCE South 03°23'52" East a along a barbwire fence a distance of
464464 152.85 feet to a 5/8" iron rod found at the southwest corner of said
465465 Tract Two J.A. and Imogene Gooch Revocable Living Trust;
466466 THENCE with the south line of said Tract Two J.A. and Imogene Gooch
467467 Revocable Living Trust and along the general course of a barbwire
468468 fence the following calls:
469469 South 87°28'40" East a distance of 72.08 feet to a 5/8" iron rod with
470470 red cap marked KHA set for corner;
471471 South 88°58'34" East passing at 497.31 feet a 1/2 iron rod found and
472472 continuing for a total distance of 541.00 feet to a point for corner
473473 in the centerline of said Honey Creek, said point being in the west
474474 line of a tract of land described in a deed to J.A. and Imogene Gooch
475475 Revocable Living Trust recorded Clerk File Number 93-0106681, Land
476476 Records, Collin County, Texas;
477477 THENCE along the centerline of said Honey Creek and along the west
478478 line of said J.A. and Imogene Gooch Revocable Living Trust the
479479 following calls:
480480 South 30°08'34" East a distance of 29.56 feet to a point for corner;
481481 South 57°19'01" East a distance of 47.61 feet to a point for corner;
482482 South 82°37'56" East a distance of 90.58 feet to a point for corner;
483483 South 42°52'24" East a distance of 162.01 feet to a point at the
484484 northwest corner of a tract of land described in a deed to Tom E.
485485 Engle and Karen A. Engle recorded in Volume 5418, Page 4142, Land
486486 Records, Collin County, Texas;
487487 THENCE South 30°34'59" East with the west line of said Tom E. Engle
488488 and Karen A. Engle and continuing along the centerline of said Honey
489489 Creek a distance of 152.05 feet to a point at the northwest corner
490490 of a tract of land described in a deed to Tom E. Engle and Karen A.
491491 Engle recorded in Volume 5380, Page 4044, Land Records, Collin
492492 County, Texas;
493493 THENCE along the centerline of said Honey Creek and along the west
494494 line of said Tom E. Engle and Karen A. Engle the following calls:
495495 South 30°08'44" East a distance of 33.20 feet to a point for corner;
496496 South 36°32'02" East a distance of 121.42 feet to a point for corner;
497497 South 66°37'07" East a distance of 60.66 feet to a point for corner;
498498 South 43°37'28" East a distance of 56.43 feet to a point for corner;
499499 South 00°08'40" East a distance of 35.47 feet to a point for corner;
500500 South 30°29'42" West a distance of 24.38 feet to a point for corner;
501501 South 47°51'01" West a distance of 49.96 feet to a point for corner;
502502 THENCE South 89°53'34" East departing the centerline of said Honey
503503 Creek and with the south line of said Tom E. Engle and Karen A. Engle
504504 passing at 58.03 feet a 1/2 inch iron rod with cap found and
505505 continuing along a barbwire fence for a total distance of 983.93
506506 feet to a metal fence post found for corner, from which a one inch
507507 iron rod found in asphalt in the centerline of County Road 202 bears
508508 South 89°53'34" East a distance of 21.86 feet;
509509 THENCE South 00°25'41" West along the general course of a barbwire
510510 fence a distance of 1552.26 feet to a point for corner in the
511511 centerline of said Honey Creek;
512512 THENCE along the centerline of said Honey Creek the following
513513 calls:
514514 South 69°49'58" East a distance of 82.17 feet to a point for corner;
515515 South 14°23'29" East a distance of 70.58 feet to a point for corner;
516516 South 02°11'17" West a distance of 169.40 feet to a point for corner;
517517 South 40°43'43" West a distance of 72.63 feet to a point for corner;
518518 South 67°07'59" West a distance of 69.48 feet to a point for corner;
519519 South 85°04'46" West a distance of 109.78 feet to a point for corner;
520520 South 32°43'24" West a distance of 60.16 feet to a point for corner;
521521 South 09°08'50" East a distance of 124.19 feet to a point for corner;
522522 South 56°32'04" East a distance of 73.66 feet to a point for corner;
523523 South 63°18'11" East a distance of 37.12 feet to a point for corner;
524524 South 69°59'42" East a distance of 111.44 feet to a point for corner;
525525 South 46°14'26" East a distance of 90.73 feet to a point for corner;
526526 South 11°15'17" East a distance of 191.67 feet to a point for corner;
527527 South 17°55'11" East a distance of 85.72 feet to a point for corner;
528528 South 69°18'16" East a distance of 235.92 feet to a point for corner;
529529 South 29°14'27" East a distance of 57.98 feet to a point for corner;
530530 South 51°31'28" East a distance of 440.72 feet to a point for corner;
531531 South 43°32'59" East a distance of 140.07 feet to a point for corner;
532532 South 62°01'13" East a distance of 104.31 feet to a point for corner;
533533 North 69°11'35" East a distance of 73.64 feet to a point for corner;
534534 North 50°17'09" East a distance of 128.74 feet to a point for corner;
535535 North 74°01'37" East a distance of 82.53 feet to a point for corner;
536536 South 48°40'54" East a distance of 124.07 feet to a point for corner;
537537 South 26°42'21" West a distance of 77.82 feet to a point for corner;
538538 South 05°56'42" East a distance of 73.50 feet to a point for corner;
539539 South 45°47'12" East a distance of 501.35 feet to a point for corner;
540540 South 55°49'11" East a distance of 191.12 feet to a point for corner;
541541 South 14°28'12" West a distance of 75.33 feet to a point for corner;
542542 South 52°02'47" West a distance of 124.63 feet to a point for corner;
543543 South 17°36'16" West a distance of 89.41 feet to a point for corner;
544544 South 08°17'38" East a distance of 60.50 feet to a point for corner;
545545 South 46°25'51" East a distance of 223.59 feet to a point for corner;
546546 North 86°02'30" East a distance of 68.62 feet to a point for corner;
547547 North 68°04'39" East a distance of 251.87 feet to a point for corner;
548548 South 38°28'19" East a distance of 46.61 feet to a point for corner;
549549 South 13°57'02" East a distance of 143.42 feet to a point for corner;
550550 South 74°53'01" East a distance of 55.67 feet to a point for corner;
551551 South 89°34'39" East a distance of 76.12 feet to a point for corner;
552552 North 74°24'09" East a distance of 112.70 feet to a point for corner;
553553 North 48°36'26" East a distance of 133.78 feet to a point for corner;
554554 South 40°05'49" East a distance of 40.71 feet to a point for corner;
555555 South 01°35'11" East a distance of 106.35 feet to a point for corner;
556556 South 47°59'10" East a distance of 79.63 feet to a point for corner;
557557 North 83°01'26" East a distance of 57.88 feet to a point for corner;
558558 North 71°34'34" East a distance of 308.45 feet to a point for corner;
559559 North 49°30'50" East a distance of 80.60 feet to a point for corner
560560 in the west line of a tract of land described in a deed to E.R.
561561 Hartley et ux. Elga Hartley recorded in Volume 592, Page 35, Land
562562 Records, Collin County, Texas;
563563 THENCE South 00°34'13" West with the west line of said E.R. Hartley
564564 and along a barbwire fence a distance of 538.17 feet to a six inch
565565 diameter Bois d'Arc fence post found for corner;
566566 THENCE North 87°27'55" West departing the west line of said E.R.
567567 Hartley a distance of 272.40 feet to a six inch diameter Bois d'Arc
568568 fence post found at the northwest corner of a tract of land
569569 described in a deed to Eddie P. Howell et ux. Gailyn A. Howell
570570 recorded in Volume 1128, Page 160, Land Records, Collin County,
571571 Texas;
572572 THENCE South 00°40'35" West with the west line of said Eddie P.
573573 Howell and along the general course of a barbwire fence a distance
574574 of 2013.95 feet to a 1/2" iron rod found for corner in asphalt in the
575575 centerline of County Road 201;
576576 THENCE North 87°51'07" West along the centerline of said County Road
577577 201 passing at 1612.90 feet a 100D nail found 1.27 feet to the left
578578 at a right angle to this course, said point being the southeast
579579 corner of said 3.00 acre Lela M. Fryar tract, and passing at 1862.71
580580 feet a 100D nail found 2.06 feet to the left at a right angle to this
581581 course, said point being the southwest corner of said 3.00 acre Lela
582582 M. Fryar tract, and continuing for a total distance of 2286.16 feet
583583 to a 1/2" iron rod found for corner;
584584 THENCE North 00°15'13" East along the general course of a barbwire
585585 fence a distance of 1969.91 feet to a 1/2" iron rod found for
586586 corner, from which a wood fence post found bears North 24°56'54"
587587 West a distance of 3.4 feet;
588588 THENCE North 89°06'26" West along the general course of a barbwire
589589 fence passing at 466.94 feet a wood fence post found 0.9 feet to the
590590 right and at right angles to this course, and continuing for a total
591591 distance of 507.01 feet to a 1/2" iron rod found for corner in the
592592 east line of a tract of land described in a deed to RAJICA 131, L.P.
593593 recorded in Volume 5894, Page 3815, Land Records, Collin County,
594594 Texas;
595595 THENCE North 00°27'12" East with the east line of said RAJICA 131,
596596 L.P. a distance of 1470.19 feet to a 1/2" iron rod found for corner
597597 in asphalt at the intersection of the centerline of County Road 201
598598 and County Road 1006;
599599 THENCE South 89°25'38" West along the centerline of said County Road
600600 1006 a distance of 4793.69 feet to a 1/2" iron rod found in gravel
601601 pavement at the northeast corner of a tract of land described in a
602602 deed to Perry J. Graham et ux. Donna M. Graham recorded in Volume
603603 1233, Page 811, Land Records, Collin County, Texas;
604604 THENCE South 89°30'39" West continuing along the centerline of said
605605 County Road 1006 and with the north line of said Perry J. Graham a
606606 distance of 431.57 feet to a 5/8" iron rod found for corner;
607607 THENCE in a southerly direction continuing along the centerline of
608608 said County Road 1006 the following calls:
609609 South 10°38'17" West a distance of 428.46 feet to a 1/2" iron rod
610610 found for corner in asphalt;
611611 South 13°53'52" West a distance of 203.34 feet to a bent 1/2" iron
612612 rod found for corner in asphalt;
613613 South 24°17'55" West a distance of 316.45 feet to a 5/8" iron rod set
614614 for corner in asphalt;
615615 South 03°15'22" West a distance of 290.50 feet to a 5/8" iron rod set
616616 for corner in asphalt;
617617 South 01°02'46" East passing at 1043.25 feet a 3/8" iron rod found in
618618 asphalt at the southwest corner of a tract of land described in a
619619 deed to Rene Bates et ux. Beverly Bates recorded in Volume 3419,
620620 Page 878, Land Records, Collin County, Texas, and continuing for a
621621 total distance of 1113.87 feet to a 1/2" iron rod found in asphalt
622622 at the northeast corner of a tract of land described in a deed to Don
623623 W. Collins et ux. Carol A. Collins recorded in Volume 4355, Page
624624 2347, Land Records, Collin County, Texas;
625625 THENCE South 89°31'09" West departing the centerline of said County
626626 Road 1006 and with the north line of said Don W. Collins and along
627627 the general course of a barbwire fence a distance of 795.63 feet to
628628 a 1/2" iron rod found at the base of an 18 inch diameter hackberry
629629 tree at the northwest corner of said Don W. Collins;
630630 THENCE South 89°41'41" West continuing along the general course of a
631631 barbwire fence a distance of 1875.27 feet to a PK nail found in a
632632 fence post for corner;
633633 THENCE North 00°43'53" West a distance of 1307.74 feet to a 1/2" iron
634634 rod with cap marked "RPLS 3963" found in the south line of a tract of
635635 land described in a deed to Baylor Health Care System as "Tract
636636 Two," recorded in Volume 5848, Page 4498, Land Records, Collin
637637 County, Texas;
638638 THENCE with the south and east lines of said Tract Two Baylor Health
639639 Care System the following calls:
640640 North 89°24'24" East a distance of 1227.09 feet to a 1/2" iron rod
641641 with cap marked "RPLS 3963" found for corner;
642642 North 00°33'36" West a distance of 985.72 feet to a 1/2" iron rod
643643 with cap marked "RPLS 3963" found for corner in the south line of a
644644 tract of land described in a deed to Paul H. Powell III et ux. Lois
645645 M. Powell recorded in Clerk's File number 94-0015097, Land Records,
646646 Collin County, Texas;
647647 THENCE North 89°14'20" East with the south line of said Paul H.
648648 Powell III passing at 40.07 feet a 1/2" iron rod found at the
649649 southeast corner of said Paul H. Powell III and continuing for a
650650 total distance of 512.56 feet to a 1/2" iron rod found at the
651651 southeast corner of a tract of land described in a deed to Harris
652652 Living Trust recorded in Volume 5272, Page 4335, Land Records,
653653 Collin County, Texas;
654654 THENCE with the east line of said Harris Living Trust and along the
655655 general course of a barbwire fence the following calls:
656656 North 00°12'24" West a distance of 583.36 feet to a 5/8" iron rod
657657 with red cap marked KHA set for corner;
658658 North 00°04'15" West a distance of 407.78 feet to a 5/8" iron rod
659659 with red cap marked KHA set for corner;
660660 North 00°32'47" West a distance of 436.72 feet to a 5/8" iron rod
661661 with red cap marked KHA set for corner;
662662 North 00°12'16" West a distance of 186.87 feet to a 5/8" iron rod
663663 with red cap marked KHA set for corner;
664664 North 00°23'27" West passing at 365.71 a one inch iron pipe found and
665665 continuing for a total distance of 386.47 feet to a point for corner
666666 in the centerline of a branch of Honey Creek;
667667 THENCE South 00°25'41" West along the general course of a barbwire
668668 fence a distance of 1552.26 feet to a point for corner in the
669669 centerline of said Honey Creek;
670670 THENCE along the centerline of said Honey Creek the following
671671 calls:
672672 South 69°49'58" East a distance of 82.17 feet to a point for corner;
673673 South 14°23'29" East a distance of 70.58 feet to a point for corner;
674674 South 02°11'17" West a distance of 169.40 feet to a point for corner;
675675 South 40°43'43" West a distance of 72.63 feet to a point for corner;
676676 South 67°07'59" West a distance of 69.48 feet to a point for corner;
677677 South 85°04'46" West a distance of 109.78 feet to a point for corner;
678678 South 32°43'24" West a distance of 60.16 feet to a point for corner;
679679 South 09°08'50" East a distance of 124.19 feet to a point for corner;
680680 South 56°32'04" East a distance of 73.66 feet to a point for corner;
681681 South 63°18'11" East a distance of 37.12 feet to a point for corner;
682682 South 69°59'42" East a distance of 111.44 feet to a point for corner;
683683 South 46°14'26" East a distance of 90.73 feet to a point for corner;
684684 South 11°15'17" East a distance of 191.67 feet to a point for corner;
685685 South 17°55'11" East a distance of 85.72 feet to a point for corner;
686686 South 69°18'16" East a distance of 235.92 feet to a point for corner;
687687 South 29°14'27" East a distance of 57.98 feet to a point for corner;
688688 South 51°31'28" East a distance of 440.72 feet to a point for corner;
689689 South 43°32'59" East a distance of 140.07 feet to a point for corner;
690690 South 62°01'13" East a distance of 104.31 feet to a point for corner;
691691 North 69°11'35" East a distance of 73.64 feet to a point for corner;
692692 North 50°17'09" East a distance of 128.74 feet to a point for corner;
693693 North 74°01'37" East a distance of 82.53 feet to a point for corner;
694694 South 48°40'54" East a distance of 124.07 feet to a point for corner;
695695 South 26°42'21" West a distance of 77.82 feet to a point for corner;
696696 South 05°56'42" East a distance of 73.50 feet to a point for corner;
697697 South 45°47'12" East a distance of 501.35 feet to a point for corner;
698698 South 55°49'11" East a distance of 191.12 feet to a point for corner;
699699 South 14°28'12" West a distance of 75.33 feet to a point for corner;
700700 South 52°02'47" West a distance of 124.63 feet to a point for corner;
701701 South 17°36'16" West a distance of 89.41 feet to a point for corner;
702702 South 08°17'38" East a distance of 60.50 feet to a point for corner;
703703 South 46°25'51" East a distance of 223.59 feet to a point for corner;
704704 North 86°02'30" East a distance of 68.62 feet to a point for corner;
705705 North 68°04'39" East a distance of 251.87 feet to a point for corner;
706706 South 38°28'19" East a distance of 46.61 feet to a point for corner;
707707 South 13°57'02" East a distance of 143.42 feet to a point for corner;
708708 South 74°53'01" East a distance of 55.67 feet to a point for corner;
709709 South 89°34'39" East a distance of 76.12 feet to a point for corner;
710710 North 74°24'09" East a distance of 112.70 feet to a point for corner;
711711 North 48°36'26" East a distance of 133.78 feet to a point for corner;
712712 South 40°05'49" East a distance of 40.71 feet to a point for corner;
713713 South 01°35'11" East a distance of 106.35 feet to a point for corner;
714714 South 47°59'10" East a distance of 79.63 feet to a point for corner;
715715 North 83°01'26" East a distance of 57.88 feet to a point for corner;
716716 North 71°34'34" East a distance of 308.45 feet to a point for corner;
717717 North 49°30'50" East a distance of 80.60 feet to a point for corner
718718 in the west line of a tract of land described in a deed to E.R.
719719 Hartley et ux. Elga Hartley recorded in Volume 592, Page 35, Land
720720 Records, Collin County, Texas;
721721 THENCE South 00°34'13" West with the west line of said E.R. Hartley
722722 and along a barbwire fence a distance of 538.17 feet to a six inch
723723 diameter Bois d'Arc fence post found for corner;
724724 THENCE North 87°27'55" West departing the west line of said E.R.
725725 Hartley a distance of 272.40 feet to a six inch diameter Bois d'Arc
726726 fence post found at the northwest corner of a tract of land
727727 described in a deed to Eddie P. Howell et ux. Gailyn A. Howell
728728 recorded in Volume 1128, Page 160, Land Records, Collin County,
729729 Texas;
730730 THENCE South 00°40'35" West with the west line of said Eddie P.
731731 Howell and along the general course of a barbwire fence a distance
732732 of 2013.95 feet to a 1/2" iron rod found for corner in asphalt in the
733733 centerline of County Road 201;
734734 THENCE North 87°51'07" West along the centerline of said County Road
735735 201 passing at 1612.90 feet a 100D nail found 1.27 feet to the left
736736 at a right angle to this course, said point being the southeast
737737 corner of said 3.00 acre Lela M. Fryar tract, and passing at 1862.71
738738 feet a 100D nail found 2.06 feet to the left at a right angle to this
739739 course, said point being the southwest corner of said 3.00 acre Lela
740740 M. Fryar tract, and continuing for a total distance of 2286.16 feet
741741 to a 1/2" iron rod found for corner;
742742 THENCE North 00°15'13" East along the general course of a barbwire
743743 fence a distance of 1969.91 feet to a 1/2" iron rod found for
744744 corner, from which a wood fence post found bears North 24°56'54"
745745 West a distance of 3.4 feet;
746746 THENCE North 89°06'26" West along the general course of a barbwire
747747 fence passing at 466.94 feet a wood fence post found 0.9 feet to the
748748 right and at right angles to this course, and continuing for a total
749749 distance of 507.01 feet to a 1/2" iron rod found for corner in the
750750 east line of a tract of land described in a deed to RAJICA 131, L.P.
751751 recorded in Volume 5894, Page 3815, Land Records, Collin County,
752752 Texas;
753753 THENCE North 00°27'12" East with the east line of said RAJICA 131,
754754 L.P. a distance of 1470.19 feet to a 1/2" iron rod found for corner
755755 in asphalt at the intersection of the centerline of County Road 201
756756 and County Road 1006;
757757 THENCE South 89°25'38" West along the centerline of said County Road
758758 1006 a distance of 4793.69 feet to a 1/2" iron rod found in gravel
759759 pavement at the northeast corner of a tract of land described in a
760760 deed to Perry J. Graham et ux. Donna M. Graham recorded in Volume
761761 1233, Page 811, Land Records, Collin County, Texas;
762762 THENCE South 89°30'39" West continuing along the centerline of said
763763 County Road 1006 and with the north line of said Perry J. Graham a
764764 distance of 431.57 feet to a 5/8" iron rod found for corner;
765765 THENCE in a southerly direction continuing along the centerline of
766766 said County Road 1006 the following calls:
767767 South 10°38'17" West a distance of 428.46 feet to a 1/2" iron rod
768768 found for corner in asphalt;
769769 South 13°53'52" West a distance of 203.34 feet to a bent 1/2" iron
770770 rod found for corner in asphalt;
771771 South 24°17'55" West a distance of 316.45 feet to a 5/8" iron rod set
772772 for corner in asphalt;
773773 South 03°15'22" West a distance of 290.50 feet to a 5/8" iron rod set
774774 for corner in asphalt;
775775 South 01°02'46" East passing at 1043.25 feet a 3/8" iron rod found in
776776 asphalt at the southwest corner of a tract of land described in a
777777 deed to Rene Bates et ux. Beverly Bates recorded in Volume 3419,
778778 Page 878, Land Records, Collin County, Texas, and continuing for a
779779 total distance of 1113.87 feet to a 1/2" iron rod found in asphalt
780780 at the northeast corner of a tract of land described in a deed to Don
781781 W. Collins et ux. Carol A. Collins recorded in Volume 4355, Page
782782 2347, Land Records, Collin County, Texas;
783783 THENCE South 89°31'09" West departing the centerline of said County
784784 Road 1006 and with the north line of said Don W. Collins and along
785785 the general course of a barbwire fence a distance of 795.63 feet to
786786 a 1/2" iron rod found at the base of an 18 inch diameter hackberry
787787 tree at the northwest corner of said Don W. Collins;
788788 THENCE South 89°41'41" West continuing along the general course of a
789789 barbwire fence a distance of 1875.27 feet to a PK nail found in a
790790 fence post for corner;
791791 THENCE North 00°43'53" West a distance of 1307.74 feet to a 1/2" iron
792792 rod with cap marked "RPLS 3963" found in the south line of a tract of
793793 land described in a deed to Baylor Health Care System as "Tract
794794 Two," recorded in Volume 5848, Page 4498, Land Records, Collin
795795 County, Texas;
796796 THENCE with the south and east lines of said Tract Two Baylor Health
797797 Care System the following calls:
798798 North 89°24'24" East a distance of 1227.09 feet to a 1/2" iron rod
799799 with cap marked "RPLS 3963" found for corner;
800800 North 00°33'36" West a distance of 985.72 feet to a 1/2" iron rod
801801 with cap marked "RPLS 3963" found for corner in the south line of a
802802 tract of land described in a deed to Paul H. Powell III et ux. Lois
803803 M. Powell recorded in Clerk's File number 94-0015097, Land Records,
804804 Collin County, Texas;
805805 THENCE North 89°14'20" East with the south line of said Paul H.
806806 Powell III passing at 40.07 feet a 1/2" iron rod found at the
807807 southeast corner of said Paul H. Powell III and continuing for a
808808 total distance of 512.56 feet to a 1/2" iron rod found at the
809809 southeast corner of a tract of land described in a deed to Harris
810810 Living Trust recorded in Volume 5272, Page 4335, Land Records,
811811 Collin County, Texas;
812812 THENCE with the east line of said Harris Living Trust and along the
813813 general course of a barbwire fence the following calls:
814814 North 00°12'24" West a distance of 583.36 feet to a 5/8" iron rod
815815 with red cap marked KHA set for corner;
816816 North 00°04'15" West a distance of 407.78 feet to a 5/8" iron rod
817817 with red cap marked KHA set for corner;
818818 North 00°32'47" West a distance of 436.72 feet to a 5/8" iron rod
819819 with red cap marked KHA set for corner;
820820 North 00°12'16" West a distance of 186.87 feet to a 5/8" iron rod
821821 with red cap marked KHA set for corner;
822822 North 00°23'27" West passing at 365.71 a one inch iron pipe found and
823823 continuing for a total distance of 386.47 feet to a point for corner
824824 in the centerline of a branch of Honey Creek;
825825 SAVE AND EXCEPT
826826 BEING a 73.436 acre tract located in the Meredith Hart Survey,
827827 Abstract No. 371, Collin County, Texas, being part of that called
828828 189.1 acre tract described in Exhibit A to Special Warranty Deed
829829 recorded in Volume 5540, Page 826, Deed Records Collin County,
830830 Texas (D.R.C.C.T.), said 73.780 acre tract being more particularly
831831 described by metes and bounds as follows:
832832 BEGINNING at a found 1/2 inch iron rod for the most Westerly
833833 Southwest corner of said 189.1 acre tract, being called Southwest
834834 corner of a 81.43 acre tract described in Volume 294, Page 623.
835835 D.R.C.C.T., and being the Northwest corner of that called 23.09
836836 acre tract described in Deed to MAC TMK, Inc. as recorded in the
837837 County Clerk's File No. 93-0088052, Official Public Records Collin
838838 County, Texas (O.P.R.C.C.T.), being on the East line that tract
839839 described in Deed to RAIJCA 131, L.P. as recorded in Volume 5894,
840840 Page 3815, D.R.C.C.T., said iron rod being on the Westerly side of
841841 Collin County Road 201 (undefined prescriptive right of way);
842842 THENCE N 00°24'41" E, with the West line of said 189.1 acre tract and
843843 the East line of said RAIJCA 131 tract, a distance of 1459.36 feet
844844 to a point for corner;
845845 THENCE EAST, a distance of 1009.10 feet to point for corner in Honey
846846 Creek;
847847 THENCE Southeasterly, 50.00 feet southerly of and parallel with the
848848 center of Honey Creek as follows:
849849 N 89°17'25" E a distance of 65.31 feet, to a 5/8 inch CIRS; N
850850 45°54'31" E a distance of 104.17 feet; to a 5/8 inch CIRS;
851851 N 68°40'59" E a distance of 91.84 feet, to a 5/8 inch CIRS;
852852 S 52°57'13" E a distance of 63.08 feet to a 5/8 inch CIRS;
853853 S 14°09'17" W a distance of 100.37 feet, to a 5/8 inch CIRS;
854854 S 37°37'12" E a distance of 162.18 feet, to a 5/8 inch CIRS;
855855 S 46°25'07" E a distance of 294.74 feet, to a 5/8 inch CIRS;
856856 S 14°31'28" W a distance of 2613.97 feet, to a 5/8 inch CIRS in
857857 the center line of a proposed 120.00 foot Right-of-Way;
858858 THENCE S 14°31'38" W along the center line of said proposed
859859 Right-of-Way, a distance of 2671.17 feet to a 5/8 inch CIRS, said
860860 CIRS, said corner also being the beginning to a tangent curve to the
861861 left, having a central angle of 13°35'36", with a chord length of
862862 248.53 feet, and radius of 1050 feet, whose chord bears S 07°43'50"
863863 W;
864864 THENCE continuing along the center line of said proposed
865865 Right-of-Way and following said curve to the left a distance of
866866 249.11 feet to a point for corner;
867867 THENCE S 00°56'02" W leaving said curve to the left and vonintuing
868868 along the center line of said proposed Right-of-Way, a distance of
869869 317.34 feet to found 120d nail in the center of County Road 201;
870870 THENCE N 89°36'02" W, with said centerline, a distance of 391.763
871871 feet to a point for corner;
872872 THENCE N 00"13'29" E, leaving said centerline, at a distance of 15.5
873873 feet pass a found l/2-inch iron rod at a fence post, continuing for
874874 a total distance of 1984.82 feet to a found 1/2-inch iron rod at a
875875 fence post;
876876 THENCE N 89°08'40" W, generally with a fence, at a distance of 466.13
877877 feet passing a fence corner post on the ea.stem line of County Road
878878 201, continuing for a total distance 06.15 feet to the POINT OF
879879 BEGINNING, and containing 73.436 acres (3,198,870 square feet) of
880880 land, more or less.
881881 TRACT 2
882882 Being a tract of land situated in the Meredith Hart Survey, Abstract
883883 Number 371, Collin County, Texas, and being all of the called 254.64
884884 acre tract of land to Honey Creek Joint Venture II, as recorded in
885885 Collin County File Number 94-0092023, of the Deed Records of Collin
886886 County, Texas, and being more particularly described as follows:
887887 Beginning at a 1 inch iron pipe found in a North-South paved road
888888 (County Road Number 202) at the northwest corner of said Meredith
889889 Hart Survey and the northwest corner of said Honey Creek tract, said
890890 point also being the southwest corner of a tract of land to Malinda
891891 A. Warden called tract 2 as recorded in Collin County File
892892 No. 2005-0055890 of said Deed Records and lying on the east line of
893893 a tract of land to Robert Allen Davis and Laurie L. Davis as
894894 recorded in Volume 3543, Page 396 of said Deed Records;
895895 Thence South 88 degrees 52 minutes 49 seconds East along the north
896896 line of said Honey Creek tract a distance of 155.17 feet to a 5/8
897897 inch iron rod found for the southeast corner of said Warden tract
898898 lying on the south right-of-way line of Farm Road No. 543, (a
899899 variable width right-of-way), said point also lying at the
900900 beginning of a curve to the left;
901901 Thence with said curve to the left and along said south line of Farm
902902 Road No. 543 having a radius of 359.62 feet, a central angle of 27
903903 degrees 16 minutes, 51 seconds, and arc length of 171.23 feet, a
904904 chord bearing of south 75 degrees 14 minutes 21 seconds East a
905905 distance of 169.62 feet to a broken concrete highway monument found
906906 for corner;
907907 Thence South 88 degrees 52 minutes 49 seconds East continuing along
908908 said south line of Farm Road No. 543 a distance of 1135.30 feet to a
909909 broken concrete highway monument found for corner at the beginning
910910 of a curve to the right;
911911 Thence with said curve to the right continuing along said south line
912912 of Farm Road No. 543 having a radius of 2825.16 feet, a central
913913 angle of 02 degrees 43 minutes 37 seconds, and arc length of 134.47
914914 feet, and chord bearing of South 87 degrees 20 minutes 32 seconds
915915 East a distance of 134.46 feet to a 1/2 inch iron rod found for the
916916 most northerly northeast corner of said Honey Creek tract and the
917917 northwest corner of a tract of land to Elelyn Cole Family, LTD as
918918 recorded in Collin County File Number 2000-0040586 of said Deed
919919 Records;
920920 Thence South 01 degrees 39 minutes 39 seconds West departing said
921921 south line of Farm Road No. 543 and along the common line of said
922922 Honey Creek tract and said Cole tract a distance of 1147.33 feet to
923923 a 1 inch iron pipe found for the southwest corner of said Cole tract
924924 and an inner ell corner of said Honey Creek tract;
925925 Thence South 87 degrees 32 minutes 32 seconds East along the south
926926 line of said Cole tract and the south line of a tract of land to
927927 Mescal Hill Wilson as recorded in Instrument Number
928928 20091215001497350 of the Official Public Records of Collin County,
929929 Texas, passing the common southeast and southwest corner of said
930930 Cole and Wilson tracts and continuing a total distance of 1177.20
931931 feet to a 3/8 inch iron rod found for the most easterly northeast
932932 corner of said Honey Creek tract and the northwest corner of a tract
933933 of land to Gregory Mills as recorded in Collin County File Number
934934 2001-0044545 bf said Deed Records;
935935 Thence South O1 degree 00 minutes 3 6 seconds West along the east
936936 line of said Honey Creek tract a distance of 1783 .23 feet to a
937937 square bolt found for corner at an angle point on said east line,
938938 said point also being the southwest corner of a tract of land to
939939 Mackuehn Partners, LLC. as recorded in Instrument Number
940940 20140131000096000 of said Official Records and the northwest corner
941941 of a tract of land to Robert Nicholas Oliver as recorded in
942942 Instrument Number 20070510000633 570 of said Official Records;
943943 Thence South 00 degrees 57 minutes 33 seconds West continuing along
944944 the east line of said Honey Creek and along the west line of said
945945 Oliver tract a distance of 1062. 76 feet to a 5/8 inch iron rod with
946946 cap stamped "R.P.L.S. 5430" set for a southeast corner of said Honey
947947 Creek tract and the south west corner of said Oliver tract, said
948948 point also lying in the aforementioned County Road Number 202 and on
949949 the North line of a tract of land to Helen L. Cambell Supplemental
950950 Needs Trust as recorded in Instrument Number 20130423000545440 of
951951 said Official Records;
952952 Thence South 89 degrees 14 minutes 22 seconds West along the common
953953 line of said Honey Creek tract and said Trust tract along said
954954 County Road Number 202 a distance of 457.49 feet to a PK nail found
955955 for the northwest comer of a tract of land to Daniel Travis Squires
956956 and Dalana Lin squires as recorded in Instrument Number
957957 20140401000304730 of said Official Records;
958958 Thence South 01 degree 12 minutes 08 seconds West departing said
959959 County Road Number 202 and along the common line of said Honey Creek
960960 tract and said Squires tract a distance of 469.12 feet to a 5/8 inch
961961 iron rod found for corner;
962962 Thence North 87 degrees 11 minutes 23 seconds West continuing along
963963 said common line a distance of 245.21 feet to a 5/8 inch iron rod
964964 found for corner;
965965 Thence South 01 degree 33 minutes 59 seconds West continuing along
966966 said common line and along the west line of said Trust tract a
967967 distance of 829.22 feet to a 5/8 inch iron rod found for corner;
968968 Thence North 85 degrees 17 minutes 53 seconds West along the
969969 southerly line of said Honey Creek tract a distance of 184.73 feet
970970 to a point in the center of Honey Creek;
971971 Thence with the southerly line of said Honey Creek tract and the
972972 center of Honey Creek the following course and distance;
973973 North 60 degrees 24 minutes 45 seconds West a distance of 109.27
974974 feet;
975975 North 46 degrees 36 minutes 54 seconds West a distance of 72.41
976976 feet;
977977 North 54 degrees 51 minutes 40 seconds West a distance of 59.44
978978 feet;
979979 North 42 degrees 36 minutes 58 seconds West a distance of 84.43
980980 feet;
981981 North 49 degrees 15 minutes 50 seconds West a distance of 200.09
982982 feet;
983983 North 43 degrees 14 minutes 41 seconds West a distance of 168.42
984984 feet;
985985 North 18 degrees 52 minutes 24 seconds West a distance of 52.83
986986 feet;
987987 North 25 degrees 56 minutes 16 seconds East a distance of 66.43
988988 feet;
989989 North 12 degrees 20 minutes 03 seconds West a distance of 67.01
990990 feet;
991991 North 51 degrees 09 minutes 18 seconds West a distance of 90.73
992992 feet;
993993 South 80 degrees 11 minutes 04 seconds West a distance of 105.97
994994 feet;
995995 South 44 degrees 09 minutes 44 seconds West a distance of 157.50
996996 feet;
997997 North 71 degrees 32 minutes 52 seconds West a distance of 102.21
998998 feet;
999999 North 43 degrees 44 minutes 50 seconds West a distance of 177.80
10001000 feet;
10011001 North 60 degrees 01 minutes 30 seconds West a distance of 206.11
10021002 feet;
10031003 North 48 degrees 50 minutes 27 seconds West a distance of 157.77
10041004 feet;
10051005 North 30 degrees 38 minutes 03 seconds West a distance of 105.92
10061006 feet;
10071007 North 53 degrees 16 minutes 07 seconds West a distance of 86.80
10081008 feet;
10091009 North 83 degrees 45 minutes 32 seconds West a distance of 167.62
10101010 feet;
10111011 North 15 degrees 09 minutes 06 seconds West a distance of 212.76
10121012 feet;
10131013 North 13 degrees 24 minutes 18 seconds West a distance of 90.73
10141014 feet;
10151015 North 40 degrees 03 minutes 14 seconds West a distance of 41.74
10161016 feet;
10171017 Thence North 47 degrees 29 minutes 14 seconds East departing said
10181018 corner of Honey Creek a distance of 44.08 feet to a 5/8 inch iron rod
10191019 found for corner on the west line of said Honey Creek tract;
10201020 Thence North 00 degrees 45 minutes 31 seconds West along thew west
10211021 line of said Honey Creek tract a distance of 582.40 feet to a 5/8
10221022 inch iron rod found for corner;
10231023 Thence North 12 degrees 05 minutes 41 seconds West continuing along
10241024 said west line a distance of 84.06 feet to a 5/8 inch iron rod found
10251025 for corner;
10261026 Thence North 25 degrees 09 minutes 52 seconds West continuing along
10271027 said west line a distance of 181.31 feet to a 5/8 inch iron rod found
10281028 for corner;
10291029 Thence North 00 degrees 31 minutes 02 seconds East continuing along
10301030 said west line and generally near the center of said County Road
10311031 Number 202 a distance of 1340.78 feet to a 1/2 inch iron rod found
10321032 for corner;
10331033 Thence North 01 degrees 14 minutes 46 seconds East continuing along
10341034 said west line and said County Road Number 202 a distance of 538.52
10351035 feet to a 5/8 inch iron rod with cap stamped "R.P.:.S. 5430" set for
10361036 corner;
10371037 Thence North 00 degrees 00 minutes 58 seconds West continuing along
10381038 said west line and said County Road Number 202 a distance of 671.18
10391039 feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
10401040 corner;
10411041 Thence North 00 degrees 09 minutes 16 seconds East continuing along
10421042 said west line and said County Road Number 202 a distance of 576.89
10431043 feet to the POINT OF BEGINNING containing 11,090,197 square Feet,
10441044 or 254.596 acres of land.
10451045 TRACT 3
10461046 BEING A 7.730 ACRE TRACT OF LAND SITUATED IN THE MEREDITH HART
10471047 SURVEY, ABSTRACT NO. 371, COLLIN COUNTY, TEXAS, BEING A PORTION OF
10481048 THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO ROBERT NICHOLAS
10491049 OLIVIER, AS RECORDED IN INSTRUMENT NO. 20070510000633570, DEED
10501050 RECORDS, COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY
10511051 DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
10521052 BEGINNING AT A SET PK NAIL AT THE SOUTHWEST CORNER OF SAID OLIVIER
10531053 TRACT, SAID PK NAIL BEING IN COUNTY ROAD 202;
10541054 THENCE NORTH, PASSING A 1/2-INCH IRON ROD FOUND AT A DISTANCE OF
10551055 30.19 FEET AND CONTINUING A TOTAL DISTANCE OF 808.75 FEET ALONG THE
10561056 WEST LINE OF SAID OLIVIER TRACT TO A 1/2-INCH IRON ROD SET AT THE
10571057 NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;\
10581058 THENCE NORTH 89° 1O' 34" EAST, DEPARTING SAID WEST LINE, PASSING A
10591059 1/2-INCH IRON ROD SET AT A DISTANCE OF 703.47 FEET AND CONTINUING A
10601060 TOTAL DISTANCE OF 733.47 FEET TO A SET PK NAIL AT THE NORTHEAST
10611061 CORNER OF THIS TRACT, SAID PK NAIL BEING IN AFORESAID COUNTY ROAD
10621062 202;
10631063 THENCE SOUTH 00° 52' 00" EAST, A DISTANCE OF 155.27 FEET ALONG SAID
10641064 COUNTY ROAD 202 TO A SET PK NAIL AT THE MOST NORTHERLY SOUTHEAST
10651065 CORNER OF THIS TRACT;
10661066 THENCE SOUTH 89° 10' 34" WEST, DEPARTING SAID COUNTY ROAD 202,
10671067 PASSING A 1/2-INCH IRON ROD SET AT A DISTANCE OF 30.00 FEET AND
10681068 CONTINUING A TOTAL DISTANCE OF 400.00 FEET TO A 1/2-INCH IRON ROD
10691069 SET;
10701070 THENCE SOUTH 00° 52' 00" EAST, PASSING A 1/2-INCH IRON ROD SET AT A
10711071 DISTANCE OF 623.40 FEET AND CONTINUING A TOTAL DISTANCE OF 653.40
10721072 FEET TO A SET PK NAIL AT THE MOST SOUTHERLY SOUTHEAST CORNER OF THIS
10731073 TRACT, SAID PK NAIL BEING IN SAID COUNTY ROAD 202;
10741074 THENCE SOUTH 89° 10' 34" WEST, A DISTANCE OF 345.70 FEET ALONG SAID
10751075 COUNTY ROAD 202 TO THE POINT OF BEGINNING AND CONTAINING 336,718
10761076 SQUARE FEET OR 7.730 ACRES OF LAND.
10771077 TRACT 4
10781078 BEING, a tract of land situated in the T. Cunis Survey, Abstract
10791079 Number 211, Collin County, Texas, and being all of a tract of land
10801080 conveyed to Thomas A. Helsley, as recorded in Volume 5848, Page
10811081 4493, of the Deed Records of Collin County, Texas, and being more
10821082 particularly described as follows:
10831083 BEGINNING at a point near the center of an asphalt road called
10841084 Geren Trail, said point being the northeast corner of said Helsley
10851085 tract and the northwest corner of a tract of land to McKinney Ranch,
10861086 LTD. as recorded in Instrument Number 20140108000018880 of the
10871087 Official Public Records of Collin County, Texas, from which a 1/2
10881088 inch iron rod with cap stamped "R.P.L.S. 3963" found at an angle
10891089 point on the north line of said McKinney Ranch tract bears North 89
10901090 degrees 26 minutes 30 seconds East a distance of 115.63 feet;
10911091 THENCE South 00 degrees 33 minutes 30 seconds East along the common
10921092 line of said Helsley tract and said McKinney Ranch tract a distance
10931093 of 980.00 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S.
10941094 3963" found for the southeast corner of said Helsley tract and the
10951095 southwest corner of said McKinney Ranch tract, said point also
10961096 lying on the north line of a tract of land to McKinney Independent
10971097 School District (M.I.S.D.) as recorded in 2012040200038050 of the
10981098 Official Public Records of Collin County, Texas;
10991099 THENCE South 89 degrees 27 minutes 36 seconds West along the common
11001100 line of said Helsley tract and said M.I.S.D. tract, a distance of
11011101 1169.89 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3963"
11021102 found for the southwest corner of said Helsley tract lying on the
11031103 east right-of-way line of F.M. Highway No. 1461 (variable width
11041104 right-of-way);
11051105 THENCE North 00 degrees 06 minutes 23 seconds East along the east
11061106 line of said F.M. 1461, a distance of 107.58 feet to a 1/2 inch iron
11071107 rod with red cap found for corner at an angle point in same;
11081108 THENCE South 89 degrees 53 minutes 37 seconds East continuing along
11091109 said East line of F.M. 1461, a distance of 19.67 feet to an inner ell
11101110 corner of said Helsley tract lying on the east line of County Road
11111111 166 (variable width right-of-way);
11121112 THENCE North 00 degrees 46 minutes 08 seconds West along the east
11131113 line of said County Road 166, a distance of 663.23 feet to the most
11141114 westerly northwest corner of said Helsley tract, same being the
11151115 southwest corner of a tract of land to Jack Geren as recorded in
11161116 Volume 830, Page 770 of the Deed Records of Collin County, Texas;
11171117 THENCE North 89 degrees 19 minutes 27 seconds East along the common
11181118 line of said Geren tract and said Helsley tract, a distance of
11191119 356.14 feet to a 1/2 inch iron rod found for an inner ell corner of
11201120 same;
11211121 THENCE North 00 degrees 31 minutes 34 seconds West continuing along
11221122 said Common line, a distance of 208.33 feet to a "PK" nail found
11231123 near the center of said asphalt road called Geren Trail, said point
11241124 being the most northerly northwest corner of said Helsley tract,
11251125 and the northeast corner of said Geren tract;
11261126 THENCE North 89 degrees 26 minutes 30 seconds East along the north
11271127 line of said Helsley tract and said Geren Trail, a distance of
11281128 795.15 feet to the POINT OF POINT OF BEGINNING containing 1,054,944
11291129 square Feet, or 24.218 acres of land with containing 1,054,944
11301130 square Feet, or 24.218 acres of land with approximately 14,473
11311131 square feet or 0.332 of an acre lying in said asphalt road called
11321132 Geren Trail, (area between property line and fence line).
11331133 TRACT 5
11341134 BEING, a tract of land situated in the T. Cunis Survey, Abstract
11351135 Number 211, Collin County, Texas, and being all of Tract one and
11361136 Tract two conveyed to Baylor Health Care System, as recorded in
11371137 Volume 5848, Page 4498, of the Deed Records of Collin County, Texas,
11381138 and being more particularly described as follows:
11391139 BEGINNING at a point near the center of an asphalt road called Geren
11401140 Trail, said point being the northwest corner of said Tract one;
11411141 THENCE North 89 degrees 26 minutes 29 seconds East, along the near
11421142 center of said asphalt road, and the north line of said Tract one, a
11431143 distance of 115.63 feet to a 1/2 inch iron rod with cap stamped
11441144 "R.P.L.S. 3963" found for corner at an angle point;
11451145 THENCE North 88 degrees 52 minutes 48 seconds East, leaving said
11461146 asphalt road, and continuing along the north line of said Tract one,
11471147 a distance of 640.35 feet to a 12 inch wood fence post found for
11481148 corner from which a 60D nail found fore reference bears North 14
11491149 degrees 09 minutes 44 seconds East, 0.69 feet, said point also being
11501150 the northwest corner of the aforementioned Tract two;
11511151 THENCE North 89 degrees 28 minutes 42 seconds East, along the north
11521152 line of said Tract two, a distance of 1234.62 feet to a 1/2 inch iron
11531153 rod with cap stamped "R.P.L.S. 3963" found for the northeast corner
11541154 of said Tract two, and the northwest corner of a tract of land
11551155 conveyed to McKinney Ranch, LTD., as recorded in instrument number
11561156 20060208000170600, of the Official Public Records of Collin County,
11571157 Texas;
11581158 THENCE South 00 degrees, 33 minutes, 31 second East, along west line
11591159 of said McKinney Ranch tract, and the east line of said Tract two, a
11601160 distance of 985.49 feet to a 5/8 inch iron rod found for the
11611161 southeast corner of said tract two and a inner ell corner of said
11621162 McKinney Ranch tract;
11631163 THENCE South 89 degrees, 26 minutes, 33 seconds West, along the
11641164 common line of said Tract two and McKinney Ranch tract, passing a
11651165 1/2 inch iron rod with cap stamped "R.P.L.S. 3963" found for the
11661166 southwest corner of said Tract two, the southeast corner of said
11671167 Tract one, a northwest corner of said McKinney Ranch tract, and the
11681168 northeast corner of a tract of land conveyed to McKinney
11691169 Independent School District as recorded in instrument number
11701170 20120402000380350, of the Official Public Records of Collin County,
11711171 Texas at a distance of 1230.34 feet, and continuing along the common
11721172 line of said Tract two and said McKinney Independent School
11731173 District, for a total distance of 1990.57 feet to a 1/2 inch iron
11741174 rod with cap stamped "R.P.L.S. 396311 found for the southwest
11751175 corner of said Tract one and the southeast corner of a tract of land
11761176 conveyed to Thomas A. Helsley recorded in Volume 5848, Page 4493,
11771177 Deed Records of Collin County, Texas;
11781178 THENCE North 00 degree 33 minutes 30 seconds West, along the common
11791179 line of said Tract one and said Helsley tract, a distance of 979.98
11801180 feet, to the point of beginning and containing 1,960,013 square
11811181 feet or 44.996 acres of land.
11821182 TRACT 6
11831183 BEING, a tract of land situated in the T. Cunis Survey, Abstract
11841184 Number 211, City of McKinney, Collin County, Texas, and being the
11851185 remainder of a 184.822 acre tract of land described in deed to Eddie
11861186 B. and Mary K. Maxwell, as recorded in Volume 3834, Page 84, of the
11871187 Deed Records of Collin County, Texas, and being more particularly
11881188 described as follows:
11891189 BEGINNING at a 60D nail found for comer near the center of County
11901190 Road 164, said oint being the southwest comer of a tract of land
11911191 conveyed to R & L Knipe Resource . Tract, recorded in Volume 4697,
11921192 Page 1782, of the Deed Records of Collin County, Texas.
11931193 THENCE South 89 degrees 56 minutes 56 seconds West, along the near
11941194 center of said County Road 164 and the south line of said tract, a
11951195 distance of 1768.09 feet to a 1 /2 inch iron rod found for comer in
11961196 said County Road, said point also being the southeast comer of
11971197 Bloomdale estates, an addition to the City of McKinney, as recorded
11981198 in Cabinet J, Page 981 of the Map records of Collin County, Texas;
11991199 THENCE North 00 degrees 56 minutes 19 seconds West, along the east
12001200 line of said Bloomdale Estates, passing a 1/2 inch iron rod found
12011201 for the southeast corner of Lot 10 at 60 feet, and continuing for a
12021202 total distance of 1749.40 feet to a 1/2 inch iron rod found for the
12031203 northeast corner of said Bloomdale Estates, said point also being
12041204 the southeast corner of a tract of land conveyed to McKinney I.S.D.,
12051205 as recorded in Instrument number 20120402000380350, of the Official
12061206 Public Records of Collin County, Texas;
12071207 THENCE North 00 degree 51 minutes 28 seconds West, along the east
12081208 line of said McKinney I.S.D. tract, passing a 1/2 inch iron rod with
12091209 cap stamped "R.P.L.S. 3963" found for the northeast corner of said
12101210 McKinney I.S.D. tract, and the southeast corner of a tract of land
12111211 conveyed to McKinney I.S.D., as recorded in Instrument number
12121212 20120402000380350, and continuing for a total distance of 1275.59
12131213 feet to a 5/8 inch iron rod found with cap stamped "KHA", said point
12141214 lying of the south line of a tract of land conveyed to McKinney
12151215 Ranch, Ltd., as recorded in Instrument number 20060208000170600, of
12161216 the Official Public Records of Collin County, Texas;
12171217 THENCE North 89 Degrees 41 Minutes, 19 seconds East, along the south
12181218 line of said McKinney Ranch tract, a distance of 1875.61 feet to a
12191219 1/2 inch iron rod found for corner at the base of a double trunked 10
12201220 inch Hackberry tree, said point also being the northwest corner of a
12211221 tract of land conveyed to Rene Bates, as recorded in instrument
12221222 number 20070917001294740, of the Official Public Records of Collin
12231223 County, Texas;
12241224 THENCE with the west line of said Bates tract the following courses
12251225 and distances:
12261226 South 17 degrees 31 minutes 38 seconds East, a distance of
12271227 287.57 feet to steel fence post for corner;
12281228 South 39 degrees 23 minutes 37 seconds East, a distance of
12291229 124.08 feet to steel fence post for corner;
12301230 South 00 degree 42 minutes 59 seconds West, a distance of 68.64 feet
12311231 to a 5/8 inch iron rod with cap stamped "KHA" found for comer, said
12321232 point lying on the north line of a tract of land conveyed to Dennis
12331233 A. Bryant & Martha J. Bryant, as recorded in instrument number
12341234 93-0014444, of the Deed Records of Collin County, Texas;
12351235 THENCE South 89 degrees 02 minutes 44 seconds West, along the north
12361236 line of said Bryant tract, a distance of 187 .67 feet to a 1 /2 inch
12371237 iron rod found for comer near the north base of a steel fence post,
12381238 said point also being the northwest comer of said Bryant tract;
12391239 THENCE South 00 degree 59 minutes 36 seconds East, along the west
12401240 line of said Bryant tract, and passing the northwest corner of a
12411241 tract of land conveyed to Michael Larry Culbreath et ux, As recorded
12421242 in Volume 4283, Page 2451 of the Deed Records of Collin County,
12431243 Texas, and continuing with the west line of said Vulbreath tract a
12441244 total distance of 1056.50 feet to a 1/2 inch iron rod found for
12451245 corner in the north line of a tract of land conveyed Rene Bates, as
12461246 recorded in instrument number 20111004001062750, of the Official
12471247 Public Records of Collin County, Texas;
12481248 THENCE with the north and west line of said Bates tract the
12491249 following courses and distances;
12501250 South 89 Degrees 19 minutes 07 seconds West, a distance of
12511251 80.01 feet to a 1/2 inch iron rod found for corner at the northwest
12521252 base of a steel fence post;
12531253 South 00 degree 53 minutes 58 seconds East, a distance of
12541254 530.10 feet to a 1/2 inch iron rod found for corner, said point
12551255 being the northwest corner of a tract of land conveyed to Richard
12561256 Knipe et ux of the Deed Records of Collin County, Texas;
12571257 THENCE South 00 Degree 57 minutes 27 second East, along the west
12581258 line of said Richard Knipe et ux tract, and passing a 1/2 inch iron
12591259 rod found for the northwest corner of the aforementioned R & L Knipe
12601260 Resources tract at a distance of 523.10 feet, and continuing along
12611261 the west line of said R & L Knipe Resources tract, a total distance
12621262 of 1004.17 feet, to the point of beginning and containing 5,519,836
12631263 square feet or 126.718 acres of land.
12641264 TRACT 7
12651265 BEING a 45.060 acre tract of land situated in the William Rice
12661266 Survey, Abstract Number 769, Collin County, Texas and being all of a
12671267 called 45.013 acre tract of land to Barcelona 93, LTD AS
12681268 recorded in Instrument Number 20160705000847670 of the Official
12691269 Public Records of Collin County, Texas and being more particularly
12701270 described as follows;
12711271 BEGINNING at a 1" flat iron found in the center of County Road 1006
12721272 for the northwest corner of said 45.013 acre tract and the northeast
12731273 corner of a called 10.107 acre tract of land to Randall
12741274 K. Hickman and Patricia C. Hickman, Husband and Wife as recorded in
12751275 Instrument Number 20150306000247630 of the Official Public Records
12761276 of Collin County, Texas;
12771277 THENCE South 89 degrees 46 minutes 44 seconds East along the center
12781278 of said County Road 1006, same being the north line of said 45.013
12791279 acre tract, a distance of 139.84 feet to a mag nail
12801280 set for corner;
12811281 THENCE North 89 degrees 00 minutes 16 seconds East continuing along
12821282 the center of said County Road 1006, same being the north line of
12831283 said 45.013 acre tract, a distance of 376.07 feet to a 1/2 inch iron
12841284 rod found for corner;
12851285 THENCE North 89 degrees 13 minutes 11 seconds East continuing along
12861286 the center of said County Road 1006, same being the north line of
12871287 said 45.013 acre tract, a distance of 1070.43 feet
12881288 to a 1/2 inch iron rod found for the northeast corner of said 45.013
12891289 acre tract;
12901290 THENCE South 00 degrees 40 minutes 37 seconds East along the east
12911291 line of said 45.013 acre tract and generally along a barbed wire
12921292 fence, a distance of 686.16 feet to a fence corner post
12931293 found for corner;
12941294 THENCE North 88 degrees 17 minutes 51 seconds East continuing along
12951295 the east line of said 45.013 acre tract and generally along a barbed
12961296 wire fence, a distance of 15.05 feet to a fence
12971297 corner post found for corner;
12981298 THENCE South 00 degrees 34 minutes 36 seconds East continuing along
12991299 the east line of said 45.013 acre tract and generally along a barbed
13001300 wire fence, a distance of 755.74 feet to a 1/2 inch
13011301 iron rod with cap stamped "RPLS 5190" found for the southeast corner
13021302 of said 45.013 acre tract, same being the northeast corner of a
13031303 called 7.00 acre tract of land to Rene Bates as recorded
13041304 in Instrument Number 20110106000027310 of the Official Public
13051305 Records of Collin County, Texas;
13061306 THENCE North 88 degrees 07 minutes 54 seconds West along the common
13071307 line of said 45.013 acre tract and said 7.00 acre tract, a distance
13081308 of 1080.82 feet to a 1/2 inch iron rod found in a
13091309 north/south barbed wire fence on the east line of a called 18.97
13101310 acre tract of land to Rene Bates as recorded in Instrument Number
13111311 20151231001629740 of the Official Public Records of Collin
13121312 County, Texas for the most southerly southwest corner of said
13131313 45.013 acre tract and the northwest corner of said 7.00 acre tract;
13141314 THENCE North 00 degrees 51 minutes 16 seconds West along the common
13151315 line of said 45.013 acre tract and said 18.97 acre tract and
13161316 generally along a barbed wire fence, a distance of
13171317 529.96 feet to a 1 inch iron pipe found on the east side of a fence
13181318 corner post for an inner ell corner of said 45.013 acre tract and
13191319 the northeast corner of said 18.97 acre tract;
13201320 THENCE North 88 degrees 36 minutes 28 seconds West continuing along
13211321 the common line of said 45.013 acre tract and said 18.97 acre tract
13221322 and generally along a barbed wire fence, a
13231323 distance of 515.75 feet to a 1 inch iron pipe found on the west side
13241324 of a fence corner post for the most westerly southwest corner of
13251325 said 45.013 acre tract and the southeast corner of the
13261326 aforementioned 10.107 acre tract;
13271327 THENCE North 00 degrees 53 minutes 46 seconds West, along the common
13281328 line of said 45.013 acre tract and said 10.107 acre tract and
13291329 generally along a barbed wire fence, a distance of
13301330 843.23 feet to the POINT OF BEGINNING containing 1,962,793 square
13311331 feet, or 45.060 acres of land.
13321332 SECTION 3. (a) The legal notice of the intention to
13331333 introduce this Act, setting forth the general substance of this
13341334 Act, has been published as provided by law, and the notice and a
13351335 copy of this Act have been furnished to all persons, agencies,
13361336 officials, or entities to which they are required to be furnished
13371337 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
13381338 Government Code.
13391339 (b) The governor, one of the required recipients, has
13401340 submitted the notice and Act to the Texas Commission on
13411341 Environmental Quality.
13421342 (c) The Texas Commission on Environmental Quality has filed
13431343 its recommendations relating to this Act with the governor,
13441344 lieutenant governor, and speaker of the house of representatives
13451345 within the required time.
13461346 (d) All requirements of the constitution and laws of this
13471347 state and the rules and procedures of the legislature with respect
13481348 to the notice, introduction, and passage of this Act have been
13491349 fulfilled and accomplished.
13501350 SECTION 4. This Act takes effect immediately if it receives
13511351 a vote of two-thirds of all the members elected to each house, as
13521352 provided by Section 39, Article III, Texas Constitution. If this
13531353 Act does not receive the vote necessary for immediate effect, this
13541354 Act takes effect September 1, 2023.
13551355 ______________________________ ______________________________
13561356 President of the Senate Speaker of the House
13571357 I hereby certify that S.B. No. 2598 passed the Senate on
13581358 May 8, 2023, by the following vote: Yeas 27, Nays 3, one present
13591359 not voting.
13601360 ______________________________
13611361 Secretary of the Senate
13621362 I hereby certify that S.B. No. 2598 passed the House on
13631363 May 24, 2023, by the following vote: Yeas 100, Nays 38, one
13641364 present not voting.
13651365 ______________________________
13661366 Chief Clerk of the House
13671367 Approved:
13681368 ______________________________
13691369 Date
13701370 ______________________________
13711371 Governor
13721372
13731373 Pos. No. Name of Director
13741374
13751375 1 Rafael Parker
13761376
13771377 2 Mateo Jaramillo
13781378
13791379 3 Hector Alba
13801380
13811381 4 Laura Santos
13821382
13831383 5 Ricardo Soto