By: Frazier H.B. No. 51
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Honey Creek Improvement District
No. 1; providing authority to issue bonds; providing authority to
impose assessments and fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3796 to read as follows:
CHAPTER 3796. HONEY CREEK IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3796.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of McKinney.
(3) "Director" means a board member.
(4) "District" means the Honey Creek Improvement
District No. 1.
Sec. 3796.0102. NATURE OF DISTRICT. The Honey Creek
Improvement District No. 1 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3796.0103. PURPOSE: DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(c) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(d) This chapter and the creation of the district may not be
interpreted to relieve the city from providing the level of
services provided as of the effective date of the Act enacting this
chapter to the area in the district. The district is created to
supplement and not to supplant city services provided in the
district.
Sec. 3796.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(b) The district is created to serve a public use and
benefit.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3796.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the field
notes or in copying the field notes in the legislative process does
not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment; or
(4) legality or operation.
Sec. 3796.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
Sec. 3796.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3796.0108. PRECONDITION. (a) The district may not
exercise any powers granted to the district by this chapter or other
law unless a development agreement between the city and the primary
landowner in the district that establishes the standards that apply
to development in the district, in addition to those contained in
zoning, subdivision, and other applicable ordinances of the city,
has been executed.
(b) If a development agreement described by Subsection (a)
has not been executed before September 1, 2024, the board shall
dissolve the district in the manner provided by Subchapter I as soon
as possible after September 1, 2024.
Sec. 3796.0109. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3796.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors who serve staggered
terms of four years.
(b) Directors are elected in the manner provided by
Subchapter D, Chapter 49, Water Code.
Sec. 3796.0202. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $150 for
each board meeting. The total amount of compensation for each
director in one year may not exceed $7,200.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 3796.0203. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Rafael Parker 1 Rafael Parker
1 Rafael Parker
2 Mateo Jaramillo 2 Mateo Jaramillo
2 Mateo Jaramillo
3 Hector Alba 3 Hector Alba
3 Hector Alba
4 Laura Santos 4 Laura Santos
4 Laura Santos
5 Ricardo Soto 5 Ricardo Soto
5 Ricardo Soto
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2025, and
the terms of directors appointed for positions four and five expire
June 1, 2027.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3796.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3796.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
The district, using any money available to the district for the
purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under a development agreement described by
Section 3796.0108, under this chapter, or under Chapter 375, Local
Government Code.
(b) The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 3796.0303. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3796.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3796.0305. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3796.0306. ADDING OR EXCLUDING LAND. (a) Subject to
Subsection (b), the district may add or exclude land in the manner
provided by Subchapter J, Chapter 49, Water Code, or by Subchapter
H, Chapter 54, Water Code.
(b) The district may add territory as described by
Subsection (a) only if the governing body of the city by ordinance
or resolution consents to the addition.
Sec. 3796.0307. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3796.0308. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint initial directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(f) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(g) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
3796.0503 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
Sec. 3796.0309. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
Section 375.161, Local Government Code, does not apply to the
district.
Sec. 3796.0310. NO AD VALOREM TAX. The district may not
impose an ad valorem tax.
Sec. 3796.0311. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 3796.0401. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3796.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that a
taxing unit, as that term is defined by Section 1.04, Tax Code, may
enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
SUBCHAPTER E. BONDS
Sec. 3796.0501. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board.
(b) The district may issue, by public or private sale,
bonds, notes, or other obligations payable wholly or partly from
assessments, revenue, contract payments, grants, or other district
money, or any combination of those sources of money, to pay for any
authorized district purpose.
(c) The district may issue, by public or private sale,
bonds, notes, or other obligations payable wholly or partly from
assessments in the manner provided by Subchapter A, Chapter 372,
Local Government Code, if the improvement financed by the
obligation issued under this section will be conveyed to or
operated and maintained by a municipality or other retail utility
provider pursuant to an agreement with the district entered into
before the issuance of the obligation.
Sec. 3796.0502. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 3796.0503. CONSENT OF CITY REQUIRED. The board may not
issue bonds until the city has consented by ordinance or resolution
to the creation of the district and to the inclusion of land in the
district.
SUBCHAPTER I. DISSOLUTION
Sec. 3796.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of:
(1) 66 percent or more of the assessed value subject to
assessment by the district of the property in the district based on
the most recent certified county property tax rolls; or
(2) 66 percent or more of the surface area of the
district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment by the district according to the most recent certified
county property tax rolls.
(b) The district may not be dissolved if the district:
(1) has any outstanding bonded or other indebtedness
until that bonded or other indebtedness has been repaid or defeased
in accordance with the order or resolution authorizing the issuance
of the bonded or other indebtedness;
(2) has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
contract; or
(3) owns, operates, or maintains public works,
facilities, or improvements unless the district has contracted with
another party for the ownership and operation or maintenance of the
public works, facilities, or improvements.
(c) Section 375.262, Local Government Code, does not apply
to the district.
SECTION 2. The Honey Creek Improvement District No. 1
initially includes all territory contained in the following area:
LEGAL DESCRIPTION
HONEY CREEK IMPROVEMENT DISTRICT NO. 1
TRACT 1
BEING a 1218.714 acre tract of land situated in the in the L.D.
Davidson Survey, Abstract No. 285, the E. Hamilton Survey, Abstract
No. 372, the W.H. Horn Survey, Abstract No. 1070, the W.M. Rice
Survey, Abstract No. 770, and the Meredith Hart Survey, Abstract
No. 371, City of McKinney, Collin County, Texas, and being the
remainder of a 189.1 acre tract and 1064.2 acre tract of land
described in a deed to Franklin Family Partnership recorded in
Volume 5540, Page 826, Land Records, Collin County, Texas, and
being part of a 3.00 acre tract of land described in a deed to Lela
M. Fryar recorded in Volume 703, Page 617, Land Records, Collin
County, Texas, and being all of a 10.00 acre tract of land described
in a deed to Richard Loren Franklin recorded in Clerk File
No. 95-0015568 Land Records, Collin County, Texas, and being more
particularly described as follows:
COMMENCING at a railroad spike found in asphalt at the intersection
of the centerline of County Road 166 and County Road 168, said point
being the apparent intersection of four surveys: the southeast
corner of the Thomas E. Pelham Survey, Abstract Number 724, the
southwest corner of the Jno. Cahill Survey, Abstract number 143,
the northeast corner of said D. J. Franklin Survey, and the
northwest corner of said L. D. Davidson Survey;
THENCE North 89841' 47" East along the centerline of said County
Road 168 a distance 1278.96 feet to a 5/8" iron rod set for corner at
the POINT OF BEGINNING, said point being the northeast corner of a
tract of land described in a deed to Richard K. Hester et ux. Sarah
P. Hester recorded in Volume 4171, Page 3124, Land Records, Collin
County, Texas;
THENCE North 89841' 47" East continuing along the centerline of
said County Road 168 a distance of 3769.64 feet to a 1/2" iron rod
found at the southeast corner of a tract of land described in a deed
to Elizabeth Langston recorded in Volume 1372, Page 595, Land
Records, Collin County, Texas;
THENCE North 00806' 09" West with the east line of said Elizabeth
Langston a distance of 1018.25 feet to a 5/8" iron rod with red cap
marked KHA set at the northeast corner of a tract of land described
in a deed to R.J. Knowles recorded in Volume 1372, Page 589, Land
Records, Collin County, Texas;
THENCE South 89801' 12" East passing at 314.35 feet a PK nail with
washer found in asphalt at the most southerly southwest corner of a
tract of land described in a deed to Charles M. and Jean A. Hicks
recorded in Volume 5273, Page 6598, Land Records, Collin County,
Texas, and continuing for a total distance of 1592.06 feet to an
X-Cut set for corner on top of a concrete bridge in the west line of
a tract of land described in a deed to Theresa N. Roeder recorded in
Clerk File No. 95-0077977, Land Records, Collin County, Texas, said
point being in the centerline of Honey Creek;
THENCE along the centerline of said Honey Creek and with the west
line of said Theresa N. Roeder the following calls:
South 23824' 12" West a distance of 128.37 feet to a point for
corner;
South 08830' 42" East a distance of 83.53 feet to a point for
corner;
South 30817' 56" East a distance of 75.19 feet to a point for
corner;
South 52840' 13" East a distance of 96.34 feet to a point for
corner;
South 61830' 47" East a distance of 352.39 feet to a point for
corner;
South 53806' 14" East a distance of 95.82 feet to a point for
corner;
South 10846' 14" East a distance of 114.32 feet to a point for
corner;
South 12854' 15" East a distance of 67.33 feet to a point for
corner;
South 31817' 25" East a distance of 99.36 feet to a point for
corner;
South 45827' 58" East a distance of 51.57 feet to a point for
corner;
South 64803' 22" East a distance of 108.23 feet to a point for
corner;
South 59827' 11" East a distance of 107.89 feet to a point for
corner;
South 20852' 23" East a distance of 108.15 feet to a point for
corner;
South 13847' 15" West a distance of 62.76 feet to a point for
corner;
South 35801' 12" West a distance of 271.26 feet to a point for
corner;
South 06827' 44" East a distance of 137.08 feet to a point for
corner;
South 21849' 33" West a distance of 62.38 feet to a point for
corner;
South 06852' 20" West a distance of 90.73 feet to a point for
corner;
South 15837' 43" East a distance of 52.21 feet to a point for
corner;
South 64855' 40" East a distance of 29.37 feet to a point for
corner;
North 85847' 24" East a distance of 225.38 feet to a point for
corner;
South 73852' 41" East a distance of 284.02 feet to a point for
corner;
South 70808' 41" East a distance of 69.22 feet to a point for
corner;
South 46807' 44" East a distance of 58.55 feet to a point for
corner;
South 30827' 53" East a distance of 74.84 feet to a point for
corner;
South 45809' 41" East a distance of 73.01 feet to a point for
corner;
South 86820' 18" East a distance of 45.67 feet to a point for
corner;
North 70807' 08" East a distance of 125.46 feet to a point for
corner in the west line of a tract of land described in a deed called
"Tract One" to J.A. and Imogene Gooch Revocable Living Trust,
recorded in Volume 5636, Page 4136, Land Records, Collin County,
Texas;
THENCE South 03848' 49" East departing the centerline of said Honey
Creek and with the west line of said Tract One J.A. and Imogene
Gooch Revocable Living Trust along a barbwire fence passing at
51.57 feet a 1/2 inch iron rod found and continuing for a total
distance of 199.72 feet to a 5/8" iron rod with red cap marked KHA
set at the southwest corner of said Tract One J.A. and Imogene Gooch
Revocable Living Trust;
THENCE with the south line of said Tract One J.A. and Imogene Gooch
Revocable Living Trust the following calls:
South 79835' 20" East a distance of 110.76 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
South 44857' 54" East a distance of 90.13 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
North 67812' 40" East a distance of 174.48 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
South 81824' 25" East a distance of 71.46 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
South 66847' 34" East a distance of 178.26 feet to a point for
corner in the centerline of said Honey Creek;
THENCE along the centerline of said Honey Creek the following
calls:
South 59829' 36" West a distance of 48.92 feet to a point for
corner;
South 07803' 42" West a distance of 54.33 feet to the northwest
corner of a tract of land described in a deed called "Tract Two" to
J.A. and Imogene Gooch Revocable Living Trust recorded in Volume
5636, Page 4136, Land Records, Collin County, Texas;
THENCE departing the centerline of said Honey Creek and with the
north, line of said Tract Two J.A. and Imogene Gooch Revocable
Living Trust the following calls:
South 25806' 09" West a distance of 85.01 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
South 86806' 11" West a distance of 105.59 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
North 62804' 42" West a distance of 70.34 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
North 79809' 48" West a distance of 78.47 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
South 76809' 56" West a distance of 228.54 feet to a 5/8" iron rod
with red cap marked KHA set at the northwest corner of said Tract
Two J.A. and Imogene Gooch Revocable Living Trust;
THENCE South 03823' 52" East a along a barbwire fence a distance of
152.85 feet to a 5/8" iron rod found at the southwest corner of said
Tract Two J.A. and Imogene Gooch Revocable Living Trust;
THENCE with the south line of said Tract Two J.A. and Imogene Gooch
Revocable Living Trust and along the general course of a barbwire
fence the following calls:
South 87828' 40" East a distance of 72.08 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
South 88858' 34" East passing at 497.31 feet a 1/2 iron rod found
and continuing for a total distance of 541.00 feet to a point for
corner in the centerline of said Honey Creek, said point being in
the west line of a tract of land described in a deed to J.A. and
Imogene Gooch Revocable Living Trust recorded Clerk File Number
93-0106681, Land Records, Collin County, Texas;
THENCE along the centerline of said Honey Creek and along the west
line of said J.A. and Imogene Gooch Revocable Living Trust the
following calls:
South 30808' 34" East a distance of 29.56 feet to a point for
corner;
South 57819' 01" East a distance of 47.61 feet to a point for
corner;
South 82837' 56" East a distance of 90.58 feet to a point for
corner;
South 42852' 24" East a distance of 162.01 feet to a point at the
northwest corner of a tract of land described in a deed to Tom E.
Engle and Karen A. Engle recorded in Volume 5418, Page 4142, Land
Records, Collin County, Texas;
THENCE South 30834' 59" East with the west line of said Tom E. Engle
and Karen A. Engle and continuing along the centerline of said Honey
Creek a distance of 152.05 feet to a point at the northwest corner
of a tract of land described in a deed to Tom E. Engle and Karen A.
Engle recorded in Volume 5380, Page 4044, Land Records, Collin
County, Texas;
THENCE along the centerline of said Honey Creek and along the west
line of said Tom E. Engle and Karen A. Engle the following calls:
South 30808' 44" East a distance of 33.20 feet to a point for
corner;
South 36832' 02" East a distance of 121.42 feet to a point for
corner;
South 66837' 07" East a distance of 60.66 feet to a point for
corner;
South 43837' 28" East a distance of 56.43 feet to a point for
corner;
South 00808' 40" East a distance of 35.47 feet to a point for
corner;
South 30829' 42" West a distance of 24.38 feet to a point for
corner;
South 47851' 01" West a distance of 49.96 feet to a point for
corner;
THENCE South 89853' 34" East departing the centerline of said Honey
Creek and with the south line of said Tom E. Engle and Karen A. Engle
passing at 58.03 feet a 1/2 inch iron rod with cap found and
continuing along a barbwire fence for a total distance of 983.93
feet to a metal fence post found for corner, from which a one inch
iron rod found in asphalt in the centerline of County Road 202 bears
South 89853' 34" East a distance of 21.86 feet;
THENCE South 00825' 41" West along the general course of a barbwire
fence a distance of 1552.26 feet to a point for corner in the
centerline of said Honey Creek;
THENCE along the centerline of said Honey Creek the following
calls:
South 69849' 58" East a distance of 82.17 feet to a point for
corner;
South 14823' 29" East a distance of 70.58 feet to a point for
corner;
South 02811' 17" West a distance of 169.40 feet to a point for
corner;
South 40843' 43" West a distance of 72.63 feet to a point for
corner;
South 67807' 59" West a distance of 69.48 feet to a point for
corner;
South 85804' 46" West a distance of 109.78 feet to a point for
corner;
South 32843' 24" West a distance of 60.16 feet to a point for
corner;
South 09808' 50" East a distance of 124.19 feet to a point for
corner;
South 56832' 04" East a distance of 73.66 feet to a point for
corner;
South 63818' 11" East a distance of 37.12 feet to a point for
corner;
South 69859' 42" East a distance of 111.44 feet to a point for
corner;
South 46814' 26" East a distance of 90.73 feet to a point for
corner;
South 11815' 17" East a distance of 191.67 feet to a point for
corner;
South 17855' 11" East a distance of 85.72 feet to a point for
corner;
South 69818' 16" East a distance of 235.92 feet to a point for
corner;
South 29814' 27" East a distance of 57.98 feet to a point for
corner;
South 51831' 28" East a distance of 440.72 feet to a point for
corner;
South 43832' 59" East a distance of 140.07 feet to a point for
corner;
South 62801' 13" East a distance of 104.31 feet to a point for
corner;
North 69811' 35" East a distance of 73.64 feet to a point for
corner;
North 50817' 09" East a distance of 128.74 feet to a point for
corner;
North 74801' 37" East a distance of 82.53 feet to a point for
corner;
South 48840' 54" East a distance of 124.07 feet to a point for
corner;
South 26842' 21" West a distance of 77.82 feet to a point for
corner;
South 05856' 42" East a distance of 73.50 feet to a point for
corner;
South 45847' 12" East a distance of 501.35 feet to a point for
corner;
South 55849' 11" East a distance of 191.12 feet to a point for
corner;
South 14828' 12" West a distance of 75.33 feet to a point for
corner;
South 52802' 47" West a distance of 124.63 feet to a point for
corner;
South 17836' 16" West a distance of 89.41 feet to a point for
corner;
South 08817' 38" East a distance of 60.50 feet to a point for
corner;
South 46825' 51" East a distance of 223.59 feet to a point for
corner;
North 86802' 30" East a distance of 68.62 feet to a point for
corner;
North 68804' 39" East a distance of 251.87 feet to a point for
corner;
South 38828' 19" East a distance of 46.61 feet to a point for
corner;
South 13857' 02" East a distance of 143.42 feet to a point for
corner;
South 74853' 01" East a distance of 55.67 feet to a point for
corner;
South 89834' 39" East a distance of 76.12 feet to a point for
corner;
North 74824' 09" East a distance of 112.70 feet to a point for
corner;
North 48836' 26" East a distance of 133.78 feet to a point for
corner;
South 40805' 49" East a distance of 40.71 feet to a point for
corner;
South 01835' 11" East a distance of 106.35 feet to a point for
corner;
South 47859' 10" East a distance of 79.63 feet to a point for
corner;
North 83801' 26" East a distance of 57.88 feet to a point for
corner;
North 71834' 34" East a distance of 308.45 feet to a point for
corner;
North 49830' 50" East a distance of 80.60 feet to a point for corner
in the west line of a tract of land described in a deed to E.R.
Hartley et ux. Elga Hartley recorded in Volume 592, Page 35, Land
Records, Collin County, Texas;
THENCE South 00834' 13" West with the west line of said E.R. Hartley
and along a barbwire fence a distance of 538.17 feet to a six inch
diameter Bois d'Arc fence post found for corner;
THENCE North 87827' 55" West departing the west line of said E.R.
Hartley a distance of 272.40 feet to a six inch diameter Bois d'Arc
fence post found at the northwest corner of a tract of land
described in a deed to Eddie P. Howell et ux. Gailyn A. Howell
recorded in Volume 1128, Page 160, Land Records, Collin County,
Texas;
THENCE South 00840' 35" West with the west line of said Eddie P.
Howell and along the general course of a barbwire fence a distance
of 2013.95 feet to a 1/2" iron rod found for corner in asphalt in the
centerline of County Road 201;
THENCE North 87851' 07" West along the centerline of said County
Road 201 passing at 1612.90 feet a 100D nail found 1.27 feet to the
left at a right angle to this course, said point being the southeast
corner of said 3.00 acre Lela M. Fryar tract, and passing at 1862.71
feet a 100D nail found 2.06 feet to the left at a right angle to this
course, said point being the southwest corner of said 3.00 acre Lela
M. Fryar tract, and continuing for a total distance of 2286.16 feet
to a 1/2" iron rod found for corner;
THENCE North 00815' 13" East along the general course of a barbwire
fence a distance of 1969.91 feet to a 1/2" iron rod found for
corner, from which a wood fence post found bears North 24856' 54"
West a distance of 3.4 feet;
THENCE North 89806' 26" West along the general course of a barbwire
fence passing at 466.94 feet a wood fence post found 0.9 feet to the
right and at right angles to this course, and continuing for a total
distance of 507.01 feet to a 1/2" iron rod found for corner in the
east line of a tract of land described in a deed to RAJICA 131, L.P.
recorded in Volume 5894, Page 3815, Land Records, Collin County,
Texas;
THENCE North 00827' 12" East with the east line of said RAJICA 131,
L.P. a distance of 1470.19 feet to a 1/2" iron rod found for corner
in asphalt at the intersection of the centerline of County Road 201
and County Road 1006;
THENCE South 89825' 38" West along the centerline of said County
Road 1006 a distance of 4793.69 feet to a 1/2" iron rod found in
gravel pavement at the northeast corner of a tract of land described
in a deed to Perry J. Graham et ux. Donna M. Graham recorded in
Volume 1233, Page 811, Land Records, Collin County, Texas;
THENCE South 89830' 39" West continuing along the centerline of
said County Road 1006 and with the north line of said Perry J.
Graham a distance of 431.57 feet to a 5/8" iron rod found for
corner;
THENCE in a southerly direction continuing along the centerline of
said County Road 1006 the following calls:
South 10838' 17" West a distance of 428.46 feet to a 1/2" iron rod
found for corner in asphalt;
South 13853' 52" West a distance of 203.34 feet to a bent 1/2" iron
rod found for corner in asphalt;
South 24817' 55" West a distance of 316.45 feet to a 5/8" iron rod
set for corner in asphalt;
South 03815' 22" West a distance of 290.50 feet to a 5/8" iron rod
set for corner in asphalt;
South 01802' 46" East passing at 1043.25 feet a 3/8" iron rod found
in asphalt at the southwest corner of a tract of land described in a
deed to Rene Bates et ux. Beverly Bates recorded in Volume 3419,
Page 878, Land Records, Collin County, Texas, and continuing for a
total distance of 1113.87 feet to a 1/2" iron rod found in asphalt
at the northeast corner of a tract of land described in a deed to Don
W. Collins et ux. Carol A. Collins recorded in Volume 4355, Page
2347, Land Records, Collin County, Texas;
THENCE South 89831' 09" West departing the centerline of said
County Road 1006 and with the north line of said Don W. Collins and
along the general course of a barbwire fence a distance of 795.63
feet to a 1/2" iron rod found at the base of an 18 inch diameter
hackberry tree at the northwest corner of said Don W. Collins;
THENCE South 89841' 41" West continuing along the general course of
a barbwire fence a distance of 1875.27 feet to a PK nail found in a
fence post for corner;
THENCE North 00843' 53" West a distance of 1307.74 feet to a 1/2"
iron rod with cap marked "RPLS 3963" found in the south line of a
tract of land described in a deed to Baylor Health Care System as
"Tract Two," recorded in Volume 5848, Page 4498, Land Records,
Collin County, Texas;
THENCE with the south and east lines of said Tract Two Baylor Health
Care System the following calls:
North 89824' 24" East a distance of 1227.09 feet to a 1/2" iron rod
with cap marked "RPLS 3963" found for corner;
North 00833' 36" West a distance of 985.72 feet to a 1/2" iron rod
with cap marked "RPLS 3963" found for corner in the south line of a
tract of land described in a deed to Paul H. Powell III et ux. Lois
M. Powell recorded in Clerk's File number 94-0015097, Land Records,
Collin County, Texas;
THENCE North 89814' 20" East with the south line of said Paul H.
Powell III passing at 40.07 feet a 1/2" iron rod found at the
southeast corner of said Paul H. Powell III and continuing for a
total distance of 512.56 feet to a 1/2" iron rod found at the
southeast corner of a tract of land described in a deed to Harris
Living Trust recorded in Volume 5272, Page 4335, Land Records,
Collin County, Texas;
THENCE with the east line of said Harris Living Trust and along the
general course of a barbwire fence the following calls:
North 00812' 24" West a distance of 583.36 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
North 00804' 15" West a distance of 407.78 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
North 00832' 47" West a distance of 436.72 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
North 00812' 16" West a distance of 186.87 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
North 00823' 27" West passing at 365.71 a one inch iron pipe found
and continuing for a total distance of 386.47 feet to a point for
corner in the centerline of a branch of Honey Creek;
THENCE South 00825' 41" West along the general course of a barbwire
fence a distance of 1552.26 feet to a point for corner in the
centerline of said Honey Creek;
THENCE along the centerline of said Honey Creek the following
calls:
South 69849' 58" East a distance of 82.17 feet to a point for
corner;
South 14823' 29" East a distance of 70.58 feet to a point for
corner;
South 02811' 17" West a distance of 169.40 feet to a point for
corner;
South 40843' 43" West a distance of 72.63 feet to a point for
corner;
South 67807' 59" West a distance of 69.48 feet to a point for
corner;
South 85804' 46" West a distance of 109.78 feet to a point for
corner;
South 32843' 24" West a distance of 60.16 feet to a point for
corner;
South 09808' 50" East a distance of 124.19 feet to a point for
corner;
South 56832' 04" East a distance of 73.66 feet to a point for
corner;
South 63818' 11" East a distance of 37.12 feet to a point for
corner;
South 69859' 42" East a distance of 111.44 feet to a point for
corner;
South 46814' 26" East a distance of 90.73 feet to a point for
corner;
South 11815' 17" East a distance of 191.67 feet to a point for
corner;
South 17855' 11" East a distance of 85.72 feet to a point for
corner;
South 69818' 16" East a distance of 235.92 feet to a point for
corner;
South 29814' 27" East a distance of 57.98 feet to a point for
corner;
South 51831' 28" East a distance of 440.72 feet to a point for
corner;
South 43832' 59" East a distance of 140.07 feet to a point for
corner;
South 62801' 13" East a distance of 104.31 feet to a point for
corner;
North 69811' 35" East a distance of 73.64 feet to a point for
corner;
North 50817' 09" East a distance of 128.74 feet to a point for
corner;
North 74801' 37" East a distance of 82.53 feet to a point for
corner;
South 48840' 54" East a distance of 124.07 feet to a point for
corner;
South 26842' 21" West a distance of 77.82 feet to a point for
corner;
South 05856' 42" East a distance of 73.50 feet to a point for
corner;
South 45847' 12" East a distance of 501.35 feet to a point for
corner;
South 55849' 11" East a distance of 191.12 feet to a point for
corner;
South 14828' 12" West a distance of 75.33 feet to a point for
corner;
South 52802' 47" West a distance of 124.63 feet to a point for
corner;
South 17836' 16" West a distance of 89.41 feet to a point for
corner;
South 08817' 38" East a distance of 60.50 feet to a point for
corner;
South 46825' 51" East a distance of 223.59 feet to a point for
corner;
North 86802' 30" East a distance of 68.62 feet to a point for
corner;
North 68804' 39" East a distance of 251.87 feet to a point for
corner;
South 38828' 19" East a distance of 46.61 feet to a point for
corner;
South 13857' 02" East a distance of 143.42 feet to a point for
corner;
South 74853' 01" East a distance of 55.67 feet to a point for
corner;
South 89834' 39" East a distance of 76.12 feet to a point for
corner;
North 74824' 09" East a distance of 112.70 feet to a point for
corner;
North 48836' 26" East a distance of 133.78 feet to a point for
corner;
South 40805' 49" East a distance of 40.71 feet to a point for
corner;
South 01835' 11" East a distance of 106.35 feet to a point for
corner;
South 47859' 10" East a distance of 79.63 feet to a point for
corner;
North 83801' 26" East a distance of 57.88 feet to a point for
corner;
North 71834' 34" East a distance of 308.45 feet to a point for
corner;
North 49830' 50" East a distance of 80.60 feet to a point for corner
in the west line of a tract of land described in a deed to E.R.
Hartley et ux. Elga Hartley recorded in Volume 592, Page 35, Land
Records, Collin County, Texas;
THENCE South 00834' 13" West with the west line of said E.R. Hartley
and along a barbwire fence a distance of 538.17 feet to a six inch
diameter Bois d'Arc fence post found for corner;
THENCE North 87827' 55" West departing the west line of said E.R.
Hartley a distance of 272.40 feet to a six inch diameter Bois d'Arc
fence post found at the northwest corner of a tract of land
described in a deed to Eddie P. Howell et ux. Gailyn A. Howell
recorded in Volume 1128, Page 160, Land Records, Collin County,
Texas;
THENCE South 00840' 35" West with the west line of said Eddie P.
Howell and along the general course of a barbwire fence a distance
of 2013.95 feet to a 1/2" iron rod found for corner in asphalt in the
centerline of County Road 201;
THENCE North 87851' 07" West along the centerline of said County
Road 201 passing at 1612.90 feet a 100D nail found 1.27 feet to the
left at a right angle to this course, said point being the southeast
corner of said 3.00 acre Lela M. Fryar tract, and passing at 1862.71
feet a 100D nail found 2.06 feet to the left at a right angle to this
course, said point being the southwest corner of said 3.00 acre Lela
M. Fryar tract, and continuing for a total distance of 2286.16 feet
to a 1/2" iron rod found for corner;
THENCE North 00815' 13" East along the general course of a barbwire
fence a distance of 1969.91 feet to a 1/2" iron rod found for
corner, from which a wood fence post found bears North 24856' 54"
West a distance of 3.4 feet;
THENCE North 89806' 26" West along the general course of a barbwire
fence passing at 466.94 feet a wood fence post found 0.9 feet to the
right and at right angles to this course, and continuing for a total
distance of 507.01 feet to a 1/2" iron rod found for corner in the
east line of a tract of land described in a deed to RAJICA 131, L.P.
recorded in Volume 5894, Page 3815, Land Records, Collin County,
Texas;
THENCE North 00827' 12" East with the east line of said RAJICA 131,
L.P. a distance of 1470.19 feet to a 1/2" iron rod found for corner
in asphalt at the intersection of the centerline of County Road 201
and County Road 1006;
THENCE South 89825' 38" West along the centerline of said County
Road 1006 a distance of 4793.69 feet to a 1/2" iron rod found in
gravel pavement at the northeast corner of a tract of land described
in a deed to Perry J. Graham et ux. Donna M. Graham recorded in
Volume 1233, Page 811, Land Records, Collin County, Texas;
THENCE South 89830' 39" West continuing along the centerline of
said County Road 1006 and with the north line of said Perry J.
Graham a distance of 431.57 feet to a 5/8" iron rod found for
corner;
THENCE in a southerly direction continuing along the centerline of
said County Road 1006 the following calls:
South 10838' 17" West a distance of 428.46 feet to a 1/2" iron rod
found for corner in asphalt;
South 13853' 52" West a distance of 203.34 feet to a bent 1/2" iron
rod found for corner in asphalt;
South 24817' 55" West a distance of 316.45 feet to a 5/8" iron rod
set for corner in asphalt;
South 03815' 22" West a distance of 290.50 feet to a 5/8" iron rod
set for corner in asphalt;
South 01802' 46" East passing at 1043.25 feet a 3/8" iron rod found
in asphalt at the southwest corner of a tract of land described in a
deed to Rene Bates et ux. Beverly Bates recorded in Volume 3419,
Page 878, Land Records, Collin County, Texas, and continuing for a
total distance of 1113.87 feet to a 1/2" iron rod found in asphalt
at the northeast corner of a tract of land described in a deed to Don
W. Collins et ux. Carol A. Collins recorded in Volume 4355, Page
2347, Land Records, Collin County, Texas;
THENCE South 89831' 09" West departing the centerline of said
County Road 1006 and with the north line of said Don W. Collins and
along the general course of a barbwire fence a distance of 795.63
feet to a 1/2" iron rod found at the base of an 18 inch diameter
hackberry tree at the northwest corner of said Don W. Collins;
THENCE South 89841' 41" West continuing along the general course of
a barbwire fence a distance of 1875.27 feet to a PK nail found in a
fence post for corner;
THENCE North 00843' 53" West a distance of 1307.74 feet to a 1/2"
iron rod with cap marked "RPLS 3963" found in the south line of a
tract of land described in a deed to Baylor Health Care System as
"Tract Two," recorded in Volume 5848, Page 4498, Land Records,
Collin County, Texas;
THENCE with the south and east lines of said Tract Two Baylor Health
Care System the following calls:
North 89824' 24" East a distance of 1227.09 feet to a 1/2" iron rod
with cap marked "RPLS 3963" found for corner;
North 00833' 36" West a distance of 985.72 feet to a 1/2" iron rod
with cap marked "RPLS 3963" found for corner in the south line of a
tract of land described in a deed to Paul H. Powell III et ux. Lois
M. Powell recorded in Clerk's File number 94-0015097, Land Records,
Collin County, Texas;
THENCE North 89814' 20" East with the south line of said Paul H.
Powell III passing at 40.07 feet a 1/2" iron rod found at the
southeast corner of said Paul H. Powell III and continuing for a
total distance of 512.56 feet to a 1/2" iron rod found at the
southeast corner of a tract of land described in a deed to Harris
Living Trust recorded in Volume 5272, Page 4335, Land Records,
Collin County, Texas;
THENCE with the east line of said Harris Living Trust and along the
general course of a barbwire fence the following calls:
North 00812' 24" West a distance of 583.36 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
North 00804' 15" West a distance of 407.78 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
North 00832' 47" West a distance of 436.72 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
North 00812' 16" West a distance of 186.87 feet to a 5/8" iron rod
with red cap marked KHA set for corner;
North 00823' 27" West passing at 365.71 a one inch iron pipe found
and continuing for a total distance of 386.47 feet to a point for
corner in the centerline of a branch of Honey Creek;
SAVE AND EXCEPT
BEING a 73.436 acre tract located in the Meredith Hart Survey,
Abstract No. 371, Collin County, Texas, being part of that called
189.1 acre tract described in Exhibit A to Special Warranty Deed
recorded in Volume 5540, Page 826, Deed Records Collin County,
Texas (D.R.C.C.T.), said 73.780 acre tract being more particularly
described by metes and bounds as follows:
BEGINNING at a found 1/2 inch iron rod for the most Westerly
Southwest corner of said 189.1 acre tract, being called Southwest
corner of a 81.43 acre tract described in Volume 294, Page 623.
D.R.C.C.T., and being the Northwest corner of that called 23.09
acre tract described in Deed to MAC TMK, Inc. as recorded in the
County Clerk's File No. 93-0088052, Official Public Records Collin
County, Texas (O.P.R.C.C.T.), being on the East line that tract
described in Deed to RAIJCA 131, L.P. as recorded in Volume 5894,
Page 3815, D.R.C.C.T., said iron rod being on the Westerly side of
Collin County Road 201 (undefined prescriptive right of way);
THENCE N 00824' 41" E, with the West line of said 189.1 acre tract
and the East line of said RAIJCA 131 tract, a distance of 1459.36
feet to a point for corner;
THENCE EAST, a distance of 1009.10 feet to point for corner in Honey
Creek;
THENCE Southeasterly, 50.00 feet southerly of and parallel with the
center of Honey Creek as follows:
N 89817' 25" E a distance of 65.31 feet, to a 5/8 inch CIRS; N
45854' 31" E a distance of 104.17 feet; to a 5/8 inch CIRS;
N 68840' 59" E a distance of 91.84 feet, to a 5/8 inch CIRS;
S 52857' 13" E a distance of 63.08 feet to a 5/8 inch CIRS;
S 14809' 17" W a distance of 100.37 feet, to a 5/8 inch CIRS;
S 37837' 12" E a distance of 162.18 feet, to a 5/8 inch CIRS;
S 46825' 07" E a distance of 294.74 feet, to a 5/8 inch CIRS;
S 14831' 28" W a distance of 2613.97 feet, to a 5/8 inch CIRS
in the center line of a proposed 120.00 foot Right-of-Way;
THENCE S 14831' 38" W along the center line of said proposed
Right-of-Way, a distance of 2671.17 feet to a 5/8 inch CIRS, said
CIRS, said corner also being the beginning to a tangent curve to the
left, having a central angle of 13835' 36", with a chord length of
248.53 feet, and radius of 1050 feet, whose chord bears S 07843' 50"
W;
THENCE continuing along the center line of said proposed
Right-of-Way and following said curve to the left a distance of
249.11 feet to a point for corner;
THENCE S 00856' 02" W leaving said curve to the left and vonintuing
along the center line of said proposed Right-of-Way, a distance of
317.34 feet to found 120d nail in the center of County Road 201;
THENCE N 89836' 02" W, with said centerline, a distance of 391.763
feet to a point for corner;
THENCE N 00"13' 29" E, leaving said centerline, at a distance of
15.5 feet pass a found l/2-inch iron rod at a fence post, continuing
for a total distance of 1984.82 feet to a found 1/2-inch iron rod at
a fence post;
THENCE N 89808' 40" W, generally with a fence, at a distance of
466.13 feet passing a fence corner post on the ea.stem line of
County Road 201, continuing for a total distance 06.15 feet to the
POINT OF BEGINNING, and containing 73.436 acres (3,198,870 square
feet) of land, more or less.
TRACT 2
Being a tract of land situated in the Meredith Hart Survey, Abstract
Number 371, Collin County, Texas, and being all of the called 254.64
acre tract of land to Honey Creek Joint Venture II, as recorded in
Collin County File Number 94-0092023, of the Deed Records of Collin
County, Texas, and being more particularly described as follows:
Beginning at a 1 inch iron pipe found in a North-South paved road
(County Road Number 202) at the northwest corner of said Meredith
Hart Survey and the northwest corner of said Honey Creek tract, said
point also being the southwest corner of a tract of land to Malinda
A. Warden called tract 2 as recorded in Collin County File
No. 2005-0055890 of said Deed Records and lying on the east line of
a tract of land to Robert Allen Davis and Laurie L. Davis as
recorded in Volume 3543, Page 396 of said Deed Records;
Thence South 88 degrees 52 minutes 49 seconds East along the north
line of said Honey Creek tract a distance of 155.17 feet to a 5/8
inch iron rod found for the southeast corner of said Warden tract
lying on the south right-of-way line of Farm Road No. 543, (a
variable width right-of-way), said point also lying at the
beginning of a curve to the left;
Thence with said curve to the left and along said south line of Farm
Road No. 543 having a radius of 359.62 feet, a central angle of 27
degrees 16 minutes, 51 seconds, and arc length of 171.23 feet, a
chord bearing of south 75 degrees 14 minutes 21 seconds East a
distance of 169.62 feet to a broken concrete highway monument found
for corner;
Thence South 88 degrees 52 minutes 49 seconds East continuing along
said south line of Farm Road No. 543 a distance of 1135.30 feet to a
broken concrete highway monument found for corner at the beginning
of a curve to the right;
Thence with said curve to the right continuing along said south line
of Farm Road No. 543 having a radius of 2825.16 feet, a central
angle of 02 degrees 43 minutes 37 seconds, and arc length of 134.47
feet, and chord bearing of South 87 degrees 20 minutes 32 seconds
East a distance of 134.46 feet to a 1/2 inch iron rod found for the
most northerly northeast corner of said Honey Creek tract and the
northwest corner of a tract of land to Elelyn Cole Family, LTD as
recorded in Collin County File Number 2000-0040586 of said Deed
Records;
Thence South 01 degrees 39 minutes 39 seconds West departing said
south line of Farm Road No. 543 and along the common line of said
Honey Creek tract and said Cole tract a distance of 1147.33 feet to
a 1 inch iron pipe found for the southwest corner of said Cole tract
and an inner ell corner of said Honey Creek tract;
Thence South 87 degrees 32 minutes 32 seconds East along the south
line of said Cole tract and the south line of a tract of land to
Mescal Hill Wilson as recorded in Instrument Number
20091215001497350 of the Official Public Records of Collin County,
Texas, passing the common southeast and southwest corner of said
Cole and Wilson tracts and continuing a total distance of 1177.20
feet to a 3/8 inch iron rod found for the most easterly northeast
corner of said Honey Creek tract and the northwest corner of a tract
of land to Gregory Mills as recorded in Collin County File Number
2001-0044545 bf said Deed Records;
Thence South O1 degree 00 minutes 3 6 seconds West along the east
line of said Honey Creek tract a distance of 1783 .23 feet to a
square bolt found for corner at an angle point on said east line,
said point also being the southwest corner of a tract of land to
Mackuehn Partners, LLC. as recorded in Instrument Number
20140131000096000 of said Official Records and the northwest corner
of a tract of land to Robert Nicholas Oliver as recorded in
Instrument Number 20070510000633 570 of said Official Records;
Thence South 00 degrees 57 minutes 33 seconds West continuing along
the east line of said Honey Creek and along the west line of said
Oliver tract a distance of 1062. 76 feet to a 5/8 inch iron rod with
cap stamped "R.P.L.S. 5430" set for a southeast corner of said Honey
Creek tract and the south west corner of said Oliver tract, said
point also lying in the aforementioned County Road Number 202 and on
the North line of a tract of land to Helen L. Cambell Supplemental
Needs Trust as recorded in Instrument Number 20130423000545440 of
said Official Records;
Thence South 89 degrees 14 minutes 22 seconds West along the common
line of said Honey Creek tract and said Trust tract along said
County Road Number 202 a distance of 457.49 feet to a PK nail found
for the northwest comer of a tract of land to Daniel Travis Squires
and Dalana Lin squires as recorded in Instrument Number
20140401000304730 of said Official Records;
Thence South 01 degree 12 minutes 08 seconds West departing said
County Road Number 202 and along the common line of said Honey Creek
tract and said Squires tract a distance of 469.12 feet to a 5/8 inch
iron rod found for corner;
Thence North 87 degrees 11 minutes 23 seconds West continuing along
said common line a distance of 245.21 feet to a 5/8 inch iron rod
found for corner;
Thence South 01 degree 33 minutes 59 seconds West continuing along
said common line and along the west line of said Trust tract a
distance of 829.22 feet to a 5/8 inch iron rod found for corner;
Thence North 85 degrees 17 minutes 53 seconds West along the
southerly line of said Honey Creek tract a distance of 184.73 feet
to a point in the center of Honey Creek;
Thence with the southerly line of said Honey Creek tract and the
center of Honey Creek the following course and distance;
North 60 degrees 24 minutes 45 seconds West a distance of 109.27
feet;
North 46 degrees 36 minutes 54 seconds West a distance of 72.41
feet;
North 54 degrees 51 minutes 40 seconds West a distance of 59.44
feet;
North 42 degrees 36 minutes 58 seconds West a distance of 84.43
feet;
North 49 degrees 15 minutes 50 seconds West a distance of 200.09
feet;
North 43 degrees 14 minutes 41 seconds West a distance of 168.42
feet;
North 18 degrees 52 minutes 24 seconds West a distance of 52.83
feet;
North 25 degrees 56 minutes 16 seconds East a distance of 66.43
feet;
North 12 degrees 20 minutes 03 seconds West a distance of 67.01
feet;
North 51 degrees 09 minutes 18 seconds West a distance of 90.73
feet;
South 80 degrees 11 minutes 04 seconds West a distance of 105.97
feet;
South 44 degrees 09 minutes 44 seconds West a distance of 157.50
feet;
North 71 degrees 32 minutes 52 seconds West a distance of 102.21
feet;
North 43 degrees 44 minutes 50 seconds West a distance of 177.80
feet;
North 60 degrees 01 minutes 30 seconds West a distance of 206.11
feet;
North 48 degrees 50 minutes 27 seconds West a distance of 157.77
feet;
North 30 degrees 38 minutes 03 seconds West a distance of 105.92
feet;
North 53 degrees 16 minutes 07 seconds West a distance of 86.80
feet;
North 83 degrees 45 minutes 32 seconds West a distance of 167.62
feet;
North 15 degrees 09 minutes 06 seconds West a distance of 212.76
feet;
North 13 degrees 24 minutes 18 seconds West a distance of 90.73
feet;
North 40 degrees 03 minutes 14 seconds West a distance of 41.74
feet;
Thence North 47 degrees 29 minutes 14 seconds East departing said
corner of Honey Creek a distance of 44.08 feet to a 5/8 inch iron rod
found for corner on the west line of said Honey Creek tract;
Thence North 00 degrees 45 minutes 31 seconds West along thew west
line of said Honey Creek tract a distance of 582.40 feet to a 5/8
inch iron rod found for corner;
Thence North 12 degrees 05 minutes 41 seconds West continuing along
said west line a distance of 84.06 feet to a 5/8 inch iron rod found
for corner;
Thence North 25 degrees 09 minutes 52 seconds West continuing along
said west line a distance of 181.31 feet to a 5/8 inch iron rod found
for corner;
Thence North 00 degrees 31 minutes 02 seconds East continuing along
said west line and generally near the center of said County Road
Number 202 a distance of 1340.78 feet to a 1/2 inch iron rod found
for corner;
Thence North 01 degrees 14 minutes 46 seconds East continuing along
said west line and said County Road Number 202 a distance of 538.52
feet to a 5/8 inch iron rod with cap stamped "R.P.:.S. 5430" set for
corner;
Thence North 00 degrees 00 minutes 58 seconds West continuing along
said west line and said County Road Number 202 a distance of 671.18
feet to a 5/8 inch iron rod with cap stamped "R.P.L.S. 5430" set for
corner;
Thence North 00 degrees 09 minutes 16 seconds East continuing along
said west line and said County Road Number 202 a distance of 576.89
feet to the POINT OF BEGINNING containing 11,090,197 square Feet,
or 254.596 acres of land.
TRACT 3
BEING A 7.730 ACRE TRACT OF LAND SITUATED IN THE MEREDITH HART
SURVEY, ABSTRACT NO. 371, COLLIN COUNTY, TEXAS, BEING A PORTION OF
THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO ROBERT NICHOLAS
OLIVIER, AS RECORDED IN INSTRUMENT NO. 20070510000633570, DEED
RECORDS, COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A SET PK NAIL AT THE SOUTHWEST CORNER OF SAID OLIVIER
TRACT, SAID PK NAIL BEING IN COUNTY ROAD 202;
THENCE NORTH, PASSING A 1/2-INCH IRON ROD FOUND AT A DISTANCE OF
30.19 FEET AND CONTINUING A TOTAL DISTANCE OF 808.75 FEET ALONG THE
WEST LINE OF SAID OLIVIER TRACT TO A 1/2-INCH IRON ROD SET AT THE
NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;\
THENCE NORTH 898 1O' 34" EAST, DEPARTING SAID WEST LINE, PASSING A
1/2-INCH IRON ROD SET AT A DISTANCE OF 703.47 FEET AND CONTINUING A
TOTAL DISTANCE OF 733.47 FEET TO A SET PK NAIL AT THE NORTHEAST
CORNER OF THIS TRACT, SAID PK NAIL BEING IN AFORESAID COUNTY ROAD
202;
THENCE SOUTH 008 52' 00" EAST, A DISTANCE OF 155.27 FEET ALONG SAID
COUNTY ROAD 202 TO A SET PK NAIL AT THE MOST NORTHERLY SOUTHEAST
CORNER OF THIS TRACT;
THENCE SOUTH 898 10' 34" WEST, DEPARTING SAID COUNTY ROAD 202,
PASSING A 1/2-INCH IRON ROD SET AT A DISTANCE OF 30.00 FEET AND
CONTINUING A TOTAL DISTANCE OF 400.00 FEET TO A 1/2-INCH IRON ROD
SET;
THENCE SOUTH 008 52' 00" EAST, PASSING A 1/2-INCH IRON ROD SET AT A
DISTANCE OF 623.40 FEET AND CONTINUING A TOTAL DISTANCE OF 653.40
FEET TO A SET PK NAIL AT THE MOST SOUTHERLY SOUTHEAST CORNER OF THIS
TRACT, SAID PK NAIL BEING IN SAID COUNTY ROAD 202;
THENCE SOUTH 898 10' 34" WEST, A DISTANCE OF 345.70 FEET ALONG SAID
COUNTY ROAD 202 TO THE POINT OF BEGINNING AND CONTAINING 336,718
SQUARE FEET OR 7.730 ACRES OF LAND.
TRACT 4
BEING, a tract of land situated in the T. Cunis Survey, Abstract
Number 211, Collin County, Texas, and being all of a tract of land
conveyed to Thomas A. Helsley, as recorded in Volume 5848, Page
4493, of the Deed Records of Collin County, Texas, and being more
particularly described as follows:
BEGINNING at a point near the center of an asphalt road called
Geren Trail, said point being the northeast corner of said Helsley
tract and the northwest corner of a tract of land to McKinney Ranch,
LTD. as recorded in Instrument Number 20140108000018880 of the
Official Public Records of Collin County, Texas, from which a 1/2
inch iron rod with cap stamped "R.P.L.S. 3963" found at an angle
point on the north line of said McKinney Ranch tract bears North 89
degrees 26 minutes 30 seconds East a distance of 115.63 feet;
THENCE South 00 degrees 33 minutes 30 seconds East along the common
line of said Helsley tract and said McKinney Ranch tract a distance
of 980.00 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S.
3963" found for the southeast corner of said Helsley tract and the
southwest corner of said McKinney Ranch tract, said point also
lying on the north line of a tract of land to McKinney Independent
School District (M.I.S.D.) as recorded in 2012040200038050 of the
Official Public Records of Collin County, Texas;
THENCE South 89 degrees 27 minutes 36 seconds West along the common
line of said Helsley tract and said M.I.S.D. tract, a distance of
1169.89 feet to a 1/2 inch iron rod with cap stamped "R.P.L.S. 3963"
found for the southwest corner of said Helsley tract lying on the
east right-of-way line of F.M. Highway No. 1461 (variable width
right-of-way);
THENCE North 00 degrees 06 minutes 23 seconds East along the east
line of said F.M. 1461, a distance of 107.58 feet to a 1/2 inch iron
rod with red cap found for corner at an angle point in same; THENCE
South 89 degrees 53 minutes 37 seconds East continuing along said
East line of F.M. 1461, a distance of 19.67 feet to an inner ell
corner of said Helsley tract lying on the east line of County Road
166 (variable width right-of-way);
THENCE North 00 degrees 46 minutes 08 seconds West along the east
line of said County Road 166, a distance of 663.23 feet to the most
westerly northwest corner of said Helsley tract, same being the
southwest corner of a tract of land to Jack Geren as recorded in
Volume 830, Page 770 of the Deed Records of Collin County, Texas;
THENCE North 89 degrees 19 minutes 27 seconds East along the common
line of said Geren tract and said Helsley tract, a distance of
356.14 feet to a 1/2 inch iron rod found for an inner ell corner of
same;
THENCE North 00 degrees 31 minutes 34 seconds West continuing along
said Common line, a distance of 208.33 feet to a "PK" nail found
near the center of said asphalt road called Geren Trail, said point
being the most northerly northwest corner of said Helsley tract,
and the northeast corner of said Geren tract;
THENCE North 89 degrees 26 minutes 30 seconds East along the north
line of said Helsley tract and said Geren Trail, a distance of
795.15 feet to the POINT OF POINT OF BEGINNING containing 1,054,944
square Feet, or 24.218 acres of land with containing 1,054,944
square Feet, or 24.218 acres of land with approximately 14,473
square feet or 0.332 of an acre lying in said asphalt road called
Geren Trail, (area between property line and fence line).
TRACT 5
BEING, a tract of land situated in the T. Cunis Survey, Abstract
Number 211, Collin County, Texas, and being all of Tract one and
Tract two conveyed to Baylor Health Care System, as recorded in
Volume 5848, Page 4498, of the Deed Records of Collin County, Texas,
and being more particularly described as follows:
BEGINNING at a point near the center of an asphalt road called Geren
Trail, said point being the northwest corner of said Tract one;
THENCE North 89 degrees 26 minutes 29 seconds East, along the near
center of said asphalt road, and the north line of said Tract one, a
distance of 115.63 feet to a 1/2 inch iron rod with cap stamped
"R.P.L.S. 3963" found for corner at an angle point;
THENCE North 88 degrees 52 minutes 48 seconds East, leaving said
asphalt road, and continuing along the north line of said Tract one,
a distance of 640.35 feet to a 12 inch wood fence post found for
corner from which a 60D nail found fore reference bears North 14
degrees 09 minutes 44 seconds East, 0.69 feet, said point also being
the northwest corner of the aforementioned Tract two;
THENCE North 89 degrees 28 minutes 42 seconds East, along the north
line of said Tract two, a distance of 1234.62 feet to a 1/2 inch iron
rod with cap stamped "R.P.L.S. 3963" found for the northeast corner
of said Tract two, and the northwest corner of a tract of land
conveyed to McKinney Ranch, LTD., as recorded in instrument number
20060208000170600, of the Official Public Records of Collin County,
Texas;
THENCE South 00 degrees, 33 minutes, 31 second East, along west line
of said McKinney Ranch tract, and the east line of said Tract two, a
distance of 985.49 feet to a 5/8 inch iron rod found for the
southeast corner of said tract two and a inner ell corner of said
McKinney Ranch tract;
THENCE South 89 degrees, 26 minutes, 33 seconds West, along the
common line of said Tract two and McKinney Ranch tract, passing a
1/2 inch iron rod with cap stamped "R.P.L.S. 3963" found for the
southwest corner of said Tract two, the southeast corner of said
Tract one, a northwest corner of said McKinney Ranch tract, and the
northeast corner of a tract of land conveyed to McKinney
Independent School District as recorded in instrument number
20120402000380350, of the Official Public Records of Collin County,
Texas at a distance of 1230.34 feet, and continuing along the common
line of said Tract two and said McKinney Independent School
District, for a total distance of 1990.57 feet to a 1/2 inch iron
rod with cap stamped "R.P.L.S. 396311 found for the southwest
corner of said Tract one and the southeast corner of a tract of land
conveyed to Thomas A. Helsley recorded in Volume 5848, Page 4493,
Deed Records of Collin County, Texas;
THENCE North 00 degree 33 minutes 30 seconds West, along the common
line of said Tract one and said Helsley tract, a distance of 979.98
feet, to the point of beginning and containing 1,960,013 square
feet or 44.996 acres of land.
TRACT 6
BEING, a tract of land situated in the T. Cunis Survey, Abstract
Number 211, City of McKinney, Collin County, Texas, and being the
remainder of a 184.822 acre tract of land described in deed to Eddie
B. and Mary K. Maxwell, as recorded in Volume 3834, Page 84, of the
Deed Records of Collin County, Texas, and being more particularly
described as follows:
BEGINNING at a 60D nail found for comer near the center of County
Road 164, said oint being the southwest comer of a tract of land
conveyed to R & L Knipe Resource - Tract, recorded in Volume 4697,
Page 1782, of the Deed Records of Collin County, Texas.
THENCE South 89 degrees 56 minutes 56 seconds West, along the near
center of said County Road 164 and the south line of said tract, a
distance of 1768.09 feet to a 1 /2 inch iron rod found for comer in
said County Road, said point also being the southeast comer of
Bloomdale estates, an addition to the City of McKinney, as recorded
in Cabinet J, Page 981 of the Map records of Collin County, Texas;
THENCE North 00 degrees 56 minutes 19 seconds West, along the east
line of said Bloomdale Estates, passing a 1/2 inch iron rod found
for the southeast corner of Lot 10 at 60 feet, and continuing for a
total distance of 1749.40 feet to a 1/2 inch iron rod found for the
northeast corner of said Bloomdale Estates, said point also being
the southeast corner of a tract of land conveyed to McKinney I.S.D.,
as recorded in Instrument number 20120402000380350, of the Official
Public Records of Collin County, Texas;
THENCE North 00 degree 51 minutes 28 seconds West, along the east
line of said McKinney I.S.D. tract, passing a 1/2 inch iron rod with
cap stamped "R.P.L.S. 3963" found for the northeast corner of said
McKinney I.S.D. tract, and the southeast corner of a tract of land
conveyed to McKinney I.S.D., as recorded in Instrument number
20120402000380350, and continuing for a total distance of 1275.59
feet to a 5/8 inch iron rod found with cap stamped "KHA", said point
lying of the south line of a tract of land conveyed to McKinney
Ranch, Ltd., as recorded in Instrument number 20060208000170600, of
the Official Public Records of Collin County, Texas;
THENCE North 89 Degrees 41 Minutes, 19 seconds East, along the south
line of said McKinney Ranch tract, a distance of 1875.61 feet to a
1/2 inch iron rod found for corner at the base of a double trunked 10
inch Hackberry tree, said point also being the northwest corner of a
tract of land conveyed to Rene Bates, as recorded in instrument
number 20070917001294740, of the Official Public Records of Collin
County, Texas;
THENCE with the west line of said Bates tract the following courses
and distances:
South 17 degrees 31 minutes 38 seconds East, a distance of
287.57 feet to steel fence post for corner;
South 39 degrees 23 minutes 37 seconds East, a distance of
124.08 feet to steel fence post for corner;
South 00 degree 42 minutes 59 seconds West, a distance of
68.64 feet to a 5/8 inch iron rod with cap stamped "KHA" found for
comer, said point lying on the north line of a tract of land
conveyed to Dennis A. Bryant & Martha J. Bryant, as recorded in
instrument number 93-0014444, of the Deed Records of Collin County,
Texas;
THENCE South 89 degrees 02 minutes 44 seconds West, along the north
line of said Bryant tract, a distance of 187 .67 feet to a 1 /2 inch
iron rod found for comer near the north base of a steel fence post,
said point also being the northwest comer of said Bryant tract;
THENCE South 00 degree 59 minutes 36 seconds East, along the west
line of said Bryant tract, and passing the northwest corner of a
tract of land conveyed to Michael Larry Culbreath et ux, As recorded
in Volume 4283, Page 2451 of the Deed Records of Collin County,
Texas, and continuing with the west line of said Vulbreath tract a
total distance of 1056.50 feet to a 1/2 inch iron rod found for
corner in the north line of a tract of land conveyed Rene Bates, as
recorded in instrument number 20111004001062750, of the Official
Public Records of Collin County, Texas;
THENCE with the north and west line of said Bates tract the
following courses and distances;
South 89 Degrees 19 minutes 07 seconds West, a distance of
80.01 feet to a 1/2 inch iron rod found for corner at the northwest
base of a steel fence post;
South 00 degree 53 minutes 58 seconds East, a distance of
530.10 feet to a 1/2 inch iron rod found for corner, said point
being the northwest corner of a tract of land conveyed to Richard
Knipe et ux of the Deed Records of Collin County, Texas;
THENCE South 00 Degree 57 minutes 27 second East, along the west
line of said Richard Knipe et ux tract, and passing a 1/2 inch iron
rod found for the northwest corner of the aforementioned R & L Knipe
Resources tract at a distance of 523.10 feet, and continuing along
the west line of said R & L Knipe Resources tract, a total distance
of 1004.17 feet, to the point of beginning and containing 5,519,836
square feet or 126.718 acres of land.
TRACT 7
BEING a 45.060 acre tract of land situated in the William Rice
Survey, Abstract Number 769, Collin County, Texas and being all of a
called 45.013 acre tract of land to Barcelona 93, LTD AS recorded in
Instrument Number 20160705000847670 of the Official Public Records
of Collin County, Texas and being more particularly described as
follows;
BEGINNING at a 1" flat iron found in the center of County Road 1006
for the northwest corner of said 45.013 acre tract and the northeast
corner of a called 10.107 acre tract of land to Randall K. Hickman
and Patricia C. Hickman, Husband and Wife as recorded in Instrument
Number 20150306000247630 of the Official Public Records of Collin
County, Texas;
THENCE South 89 degrees 46 minutes 44 seconds East along the center
of said County Road 1006, same being the north line of said 45.013
acre tract, a distance of 139.84 feet to a mag nail set for corner;
THENCE North 89 degrees 00 minutes 16 seconds East continuing along
the center of said County Road 1006, same being the north line of
said 45.013 acre tract, a distance of 376.07 feet to a 1/2 inch iron
rod found for corner;
THENCE North 89 degrees 13 minutes 11 seconds East continuing along
the center of said County Road 1006, same being the north line of
said 45.013 acre tract, a distance of 1070.43 feet to a 1/2 inch
iron rod found for the northeast corner of said 45.013 acre tract;
THENCE South 00 degrees 40 minutes 37 seconds East along the east
line of said 45.013 acre tract and generally along a barbed wire
fence, a distance of 686.16 feet to a fence corner post found for
corner;
THENCE North 88 degrees 17 minutes 51 seconds East continuing along
the east line of said 45.013 acre tract and generally along a barbed
wire fence, a distance of 15.05 feet to a fence corner post found
for corner;
THENCE South 00 degrees 34 minutes 36 seconds East continuing along
the east line of said 45.013 acre tract and generally along a barbed
wire fence, a distance of 755.74 feet to a 1/2 inch iron rod with cap
stamped "RPLS 5190" found for the southeast corner of said 45.013
acre tract, same being the northeast corner of a called 7.00 acre
tract of land to Rene Bates as recorded in Instrument Number
20110106000027310 of the Official Public Records of Collin County,
Texas;
THENCE North 88 degrees 07 minutes 54 seconds West along the common
line of said 45.013 acre tract and said 7.00 acre tract, a distance
of 1080.82 feet to a 1/2 inch iron rod found in a north/south barbed
wire fence on the east line of a called 18.97 acre tract of land to
Rene Bates as recorded in Instrument Number 20151231001629740 of
the Official Public Records of Collin County, Texas for the most
southerly southwest corner of said 45.013 acre tract and the
northwest corner of said 7.00 acre tract;
THENCE North 00 degrees 51 minutes 16 seconds West along the common
line of said 45.013 acre tract and said 18.97 acre tract and
generally along a barbed wire fence, a distance of 529.96 feet to a
1 inch iron pipe found on the east side of a fence corner post for an
inner ell corner of said 45.013 acre tract and the northeast corner
of said 18.97 acre tract;
THENCE North 88 degrees 36 minutes 28 seconds West continuing along
the common line of said 45.013 acre tract and said 18.97 acre tract
and generally along a barbed wire fence, a distance of 515.75 feet
to a 1 inch iron pipe found on the west side of a fence corner post
for the most westerly southwest corner of said 45.013 acre tract and
the southeast corner of the aforementioned 10.107 acre tract;
THENCE North 00 degrees 53 minutes 46 seconds West, along the common
line of said 45.013 acre tract and said 10.107 acre tract and
generally along a barbed wire fence, a distance of 843.23 feet to
the POINT OF BEGINNING containing 1,962,793 square feet, or 45.060
acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
Pos. No. Name of Director
1 Rafael Parker
2 Mateo Jaramillo
3 Hector Alba
4 Laura Santos
5 Ricardo Soto