HomeMy WebLinkAboutRes 2018-05-441 Boundary Adjustment with MelissaCITY OF ANNA, TEXAS
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, AUTHORIZING
THE EXECUTION OF A BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE
MUNICIPALITIES OF MELISSA AND ANNA
WHEREAS, the governing bodies of the cities of Anna, Texas, and Melissa, Texas, have
agreed to mutually plan for the ultimate growth and development of their respective
communities, giving due regard to existing and proposed roads and transportation corridors,
water supply availability, fire and police protection and their respective abilities to provide other
necessary governmental services and functions; and
WHEREAS, said cities desire to designate their preferred areas of extraterritorial jurisdiction
and their ultimate city limit boundary lines insofar as they will separate the two cities in the
future; and,
WHEREAS, said cities desire and are willing to commit to each other by contract their
respective plans for future annexations and expansion of their communities; and
WHEREAS, Chapter 791, Texas Government Code, authorizes local governments to contract
with one another to perform governmental functions and services such as the determination of
ETJ boundaries, corporate limit boundaries, and utility service area boundaries; and
WHEREAS, Section 42.023 of the Local Government Code, authorizes a municipality to reduce
its extraterritorial jurisdiction by a resolution adopted by the governing body of the municipality;
and,
WHEREAS, Section 43.031 of the Local Government Code, Texas Revised Civil Statutes,
authorizes adjacent municipalities to make mutually agreeable changes in their boundaries;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS,THAT:
Section 1. The City Council of the City of Anna, Texas, desires to enter into that certain
Boundary Adjustment Agreement Between the Municipalities of Melissa and Anna
("Agreement"), which is attached hereto as Exhibit 1 and incorporated herein for all purposes.
Section 2. Contingent on the City of Melissa duly adopting the Agreement, the Mayor of
Anna is hereby authorized to execute the Agreement and bind the City thereto.
Section 3. The City Secretary is directed file one copy of the original document with the
Land Records of Collin County, Texas, to put all persons on notice as to the future ultimate
expansion plans of the City.
Section 4. The areas shown in Exhibit A to the Agreement that are labeled "Tract 2" and
"Tract 6" are hereby released pursuant to Texas Local Government Code, Section 42.023.
City of Anna, Texas Resolution No.. q4 I - Page 1 of 2
City of Anna, eIxa
PASSED by the City Council of the City of Anna, Texas, this e- day of M/W-
2018. f
Attest
&'� ry,
Carrie L. Smith. Citv'Secretary Nate Pike, Mayor
I
0 Aid I $
City of Anna, Texas Resolution No. q(4 / Page 2 of 2
STATE OF TEXAS
COUNTY OF COLLIN
BOUNDARY ADJUSTMENT AGREEMENT BETWEEN
THE MUNICIPALITIES OF MELISSA AND ANNA
WHEREAS, the City of Melissa, Texas C'Melissa"), is a home -rule municipality created
pursuant to state law, and located in Collin County, Texas; and
WHEREAS, the City of Anna, Texas CAnna7), is a home -rule municipality created pursuant
to state law, and located in Collin County, Texas; and
WHEREAS, both Melissa and Anna (collectively, the "Parties") are empowered to enter into
agreements concerning their respective extraterritorial jurisdiction ("ETJ") boundaries, corporate
limit boundaries, and utility service area boundaries by, but necessarily limited to, the authority
granted them pursuant to Chapter 791 of the Texas Government Code, known as the Interlocal
Cooperation Act, to enter into agreements with one another to perform governmental fimctions such as
the determination of ETJ boundaries, corporate limit boundaries, and utility service area boundaries;
and
WHEREAS, the Parties are empowered pursuant to Section 42.023 ofthe Local Government
Code to reduce their respective ETJ boundaries by ordinance or resolution; and
WHEREAS, the Parties are empowered pursuant to Section 43.031 of the Local Government
Code to make mutually agreeable changes in the boundaries of areas that are less than 1,000 feet in
width; and
WHEREAS, on August 24, 2001, the Parties entered into a certain Boundary Line
Settlement Agreement (the "Previous Boundary Agreement") under which the Parties agreed to a
boundary line between the Parties' respective areas of extraterritorial jurisdiction along the same
boundary line between the Anna Independent School District and the Melissa Independent School
District (the "Previous Boundary Line"); and
WHEREAS, in the more than 15 years that has passed since the Parties entered in to the
Previous Boundary Agreement, there have been changes in development growth and regional
transportation routes, including without limitation the Collin County Outer Loop, that have caused
the Parties to desire to modify a certain segment of the Previously Boundary Line; and
WHEREAS, the Parties agree that it is in the best interest of the residents of their respective
communities to modify said segment of the Previous Boundary Line only to the extent set forth in
this Boundary Adjustment Agreement Between the Municipalities of Melissa and Anna (this
"Boundary Agreement"); and
WHEREAS, the Parties desire that the ETJ and annexation boundary between said
communities shall remain as established under the Previous Boundary Agreement, except that: (1)
the areas described by metes and bounds and depicted in the attached EXHIBIT "All as Tract Nos.
1, 3, 4, and 5 (said tracts being graphically depicted on the KEY MAP as "TO CITY OF ANNA" in
said EXHIBIT "All) shall be released by Melissa (collectively, the "Melissa Release Area"), thereby
reducing Melissa's annexation and ETJ boundary area and increasing Anna's annexation and ETJ
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boundary area to encompass the Melissa Release Area; and (2) the areas described by metes and
bounds and depicted in the attached EXHIBIT "A" as Tract Nos. 2 and 6 (said tracts being
graphically depicted on the KEY MAP as "TO CITY OF MELISSA" in said EXHIBIT "A") shall
be released by Anna (collectively, the "Anna Release Area"), thereby reducing Anna's annexation
and ETJ boundary area and increasing Melissa's annexation and ETJ boundary to encompass the
Anna Release Area; and
WHEREAS, in recognition of this modified annexation and ETJ boundary line segment (the
"New Boundary Segment") between the Parties, Anna agrees that it will relinquish all claims and
entitlement of corporate boundaries and ETJ that Anna previously held with respect to any area
located within the Anna Release Area, and agrees that it will never annex property, adjust its ETJ
boundaries, or take any other action that would result in the encroachment of Anna's ETJ or
corporate boundaries into the Anna Release Area, which shall hereafter be reserved as between the
Parties for Melissa's growth, without Melissa's written consent approved by the Melissa City
Council; and
WHEREAS, in recognition of the New Boundary Segment, Melissa agrees that it will
relinquish all claims and entitlement of corporate boundaries and ETJ that Melissa previously held
with respect to any area located within the Melissa Release Area, and agrees that it will never annex
property, adjust its ETJ boundaries, or take any other action that would result in the encroachment of
Melissa's ETJ or corporate boundaries into the Melissa Release Area, which shall hereafter be
reserved as between the Parties for Anna's growth, without Anna's written consent approved by the
Anna City Council; and
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WHEREAS, the Parties further desire that in the future there be one or more automatic
adjustments that will modify the location of the New Boundary Segment in relation to the future
location of the routes or locations of certain lanes of vehicle traffic provided that such routes or
location of such lanes remain within the existing right-of-way for the Collin County Outer Loop; and
WHEREAS, said vehicle traffic lanes are those that will compose the westbound lanes of the
future northern segment of the Collin County Outer Loop (the "Westbound Loop Lanes"), which
shall be in Anna's annexation and ETJ area, and the those vehicle lanes that will compose the
eastbound. vehicle traffic lanes of the future southern segment of the Collin County Outer Loop (the
"Eastbound Loop Lanes"), which shall be in Melissa's annexation and ETJ area; and
WHEREAS, Anna and Melissa desire that the New Boundary Segment shall be
automatically adjusted if there are changes in the route or location of either the Westbound Loop
Lanes or the Eastbound Loop Lanes so that the Westbound Loop Lanes will perpetually remain in
Anna's annexation and ETJ area and the Eastbound Loop Lanes shall perpetually remain in
Melissa's annexation and ETJ area; and
WHEREAS, Anna and Melissa desire to limit the occurrence of an automatic adjustment to
the New Boundary Segment to exclude instances where any future location or routing of said vehicle
traffic lanes result in all Collin County Outer Loop vehicle traffic lanes being removed from the
current right-of-way as said right-of-way is described by metes and bounds and depicted in the
attached EXHIBIT "B"; and
WHEREAS, Anna currently holds a Certificate of Convenience and Necessity ("CCN") to
be the retail provider of water and sewer service within the Anna Release Area and the Parties desire
that Anna relinquish its CCN within the Anna CCN Release Area and that Melissa shall obtain and
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hold the CCN for the Anna CCN Release Area and be the retail provider of water and sewer in said
area; and
WHEREAS, Melissa currently holds a Certificate of Convenience and Necessity ("CCN') to
be the retail provider of water and sewer service within the Melissa Release Area and the Parties
desire that Melissa relinquish its CCN within the Melissa CCN Release Area and that Anna shall
obtain and hold the CCN for the Melissa CCN Release Area and be the retail provider of water and
sewer in said area; and
WHEREAS, the City of Anna owns, operates, and maintains a certain sewer line(s) that may
be located within the Anna Release Area; and
WHEREAS, by virtue of this Agreement, the City of Melissa acknowledges the City of
Anna's ownership interest in said sewer line(s) that will continue to serve the City of Anna after the
execution of this Agreement; and
WHEREAS, the City of Melissa acknowledges that this Agreement does not convey, confer,
or in any manner provide the City of Melissa with any right, title, interest, or subscription into said
sewer line(s); and
WHEREAS, the Texas Interlocal Cooperation Act, contained in Chapter 791 of the Texas
Government Code, authorizes Texas local governments to contract with one or more other local
governments to perform governmental ftmctions and services under the terms of said Act; and
WHEREAS, the Parties wish to avail themselves of the rights and privileges afforded by the
Interlocal Cooperation Act and other applicable state laws, and both have determined that this
Boundary Agreement is in each party's best interests, as well as in the best interests of their
respective citizens;
R
WITNESSETH:
NOW, THEREFORE, for and in consideration ofthe mutual promises and covenants herein
made and the benefits to the Parties resulting here from, and the recitals set forth above which are
made contractual provisions of this Boundary Agreement, the Parties do hereby contract, covenant
and agree as follows with respect to the areas and rights made subject to this Boundary Agreement:
SECTION 1. FINDINGS INCORPORATED.
The foregoing recitals are hereby incorporated into the body ofthis Boundary Agreement and
shall be considered part of the mutual covenants, consideration and promises that bind the parties.
SECTION 2. TERM, RECORDATION AND MAPPING.
This Boundary Agreement shall become effective upon the date of the last party to execute
this Boundary Agreement and shall remain in effect in perpetuity, to the extent authorized by law,
until and unless terminated or modified by written agreement duly adopted by the governing bodies
of the Parties. This Boundary Agreement shall be recorded in the Collin County Clerk's Land
Recordings and the Parties shall promptly: (1) modify their respective official boundary maps to
reflect the boundary modifications made under this Boundary Agreement; and (2) submit certified
copies of said modified maps to the appropriate Collin County authority.
SECTION 3. AGREEMENTS BY MELISSA.
A. Melissa hereby agrees to establish and limit its annexation and ETJ boundaries to
exclude the Melissa Release Area.
B. Melissa hereby releases, relinquishes and discontinues any claim or entitlement to any
corporate limits or ETJ of the Melissa Release Area, and agrees to take all needed administrative and
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legislative actions, including but not limited to ETJ releases and disannexation of'property, to timely
accomplish said release, relinquishment and discontinuance.
C. Melissa agrees that it shall not extend Melissa's ETJ or corporate limits into the
Melissa Release Area without first receiving a fully executed resolution or ordinance of the
governing body of Anna amending this Boundary Agreement to authorize such action.
D. Melissa agrees to take all necessary actions, including the release of any ETJ currently
within Melissa, pursuant to Section 42.023 of the Local Government Code, to establish the
annexation and ETJ boundary as modified by this Boundary Agreement. Melissa agrees that it will
perform all such needed actions within 60 days of the date this Boundary Agreement is fully
approved, with such full approval occurring when both the Parties have approved this Boundary
Agreement by action of their respective governing bodies ("Approval Date").
E. Melissa agrees that this Boundary Agreement establishes the Parties' mutually
agreeable change to Melissa's existing corporate limits such that any current area claimed or
contained within Melissa's existing corporate limits that extends into the Melissa Release Area is
reduced or adjusted so that such portion of Melissa's corporate boundaries shall now be removed
from and not extend into the Melissa Release Area.
F. Within 60 days of the Approval Date, Melissa shall join with Anna in filing with the
Texas Public Utility Commission an application to transfer the CCN in the Melissa Release Area,
naming Anna as the retail provider of water and sewer service in said area. Melissa shall thereafter
reasonably cooperate with and assist Anna in the consummation of the transfer of said CCN to Anna
such that Anna shall become the retail provider of water and sewer service in the Melissa Release
Area.
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SECTION 4. AGREEMENTS BY ANNA.
A. Anna hereby agrees to establish and limit its annexation and ETJ boundaries to
exclude the Anna Release Area.
B. Anna hereby releases, relinquishes and discontinues any claim or entitlement to any
corporate limits or ETJ of the Anna Release Area, and agrees to take all needed administrative and
legislative actions, including but not limited to ETJ releases and disannexation of property, to timely
accomplish said release, relinquishment and discontinuance.
C. Anna agrees that it shall not extend Anna's ETJ or corporate limits into the Anna
Release Area without first receiving a fully executed resolution or ordinance of the governing body
of Melissa amending this Boundary Agreement to authorize such action.
D. Anna agrees to take all necessary actions, including the release of any ETJ currently
within Anna, pursuant to Section 42.023 of the Local Government Code, to establish the annexation
and ETJ boundary as modified by this Boundary Agreement. Anna agrees that it will perform all
such needed actions within 60 days of the date this Boundary Agreement is fully approved, with such
full approval occurring when both the Parties have approved this Boundary Agreement by action of
their respective governing bodies.
E. Anna agrees that this Boundary Agreement establishes the Parties' mutually agreeable
change to Anna's existing corporate limits such that any current area claimed or contained within
Anna's existing corporate limits that extends into the Anna Release Area is reduced or adjusted so
that such portion of Anna's corporate boundaries shall now be removed from and not extend into the
Anna Release Area.
I
F. Within 60 days of the Approval Date, Anna shall join with Melissa in filing with the
Texas Public Utility Commission an application to transfer the CCN in the Anna Release Area,
naming Melissa as the retail provider of water and sewer service in said area. Anna shall thereafter
reasonably cooperate with and assist Melissa in the consummation of the transfer of said CCN to
Melissa such that Melissa shall become the retail provider of water and sewer service in the Anna
Release Area.
SECTION 5. AUTOMATIC ADJUSTMENT OF BOUNDARY LINE SEGMENT
A. If for any reason in the future there is a change in route or location of the Westbound
Loop Lanes or any of said lanes, the Melissa Release Area shall be deemed to have automatically
adjusted to the extent necessary so that all Westbound Loop Lanes shall remain in and/or become
part of Anna's annexation and ETJ area. If for any reason in the future there is a change in route or
location of the Eastbound Loop Lanes or any of said lanes, the Anna Release Area shall be deemed
to have automatically adjusted to the extent necessary so that all Eastbound Loop Lanes shall remain
in and/or become part of Melissa's annexation and ETJ area. Accordingly, Anna and Melissa agree
that their respective areas of ETJ or corporate boundaries, as the case may be, will automatically be
relinquished and/or expanded as necessary to provide for the Westbound Loop Lanes to remain in
and/or become part of Anna's annexation and ETJ area and for the Eastbound Loop Lanes to remain
in and/or become part of Melissa's annexation and ETJ area. The time at which any adjustment of
the New Boundary Segment shall occur under this subsection shall be when construction of
improvements or rerouting of traffic results in a change of the route of actual westbound and/or
eastbound traffic and shall include temporary reroutes during construction, maintenance, or repair of
the Collin County Outer Loop.
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B. In the event that the New Boundary Segment is automatically adjusted in accordance
with subjection A, above, the precise location of the boundary line shall run along the centerline of
any area between and/or dividing the Westbound Loop Lanes and the Eastbound Loop Lanes. The
boundary lines at each terminus of the New Boundary Segment shall be deemed to connect to the
respective boundary lines outside of the New Boundary Segment in straight lines from the point of
the terminus to the point of each respective boundary line outside of and closest to each respective
terminus.
C. In the event that the Collin County Outer Loop is abandoned or destroyed, New
Boundary Segment, as adjusted, shall remain as existing at the time of abandonment or destruction.
D. Anna and Melissa agree to cooperate in all reasonable and necessary efforts to make
modifications to their respective municipal corporate limits and ETJ areas with respect to boundary
maps to reflect any changes associated with any automatic adjustment ofthe New Boundary Segment
and to submit such changes to the appropriate representative of Collin County and any other persons
or entities as may be required by applicable law.
E. Notwithstanding subsection A, above, or any other provision of this Boundary
Agreement, there shall not be an automatic adjustment to the New Boundary Segment in any instance
where any future location or routing results in all Collin County Outer Loop vehicle traffic lanes
being removed ftom the current right-of-way for said lanes as said right-of-way is described by metes
and bounds and depicted in the attached EXHIBIT "B".
I I
SECTION 6. ANNA SEWER LINE
The City of Anna shall retain, without reservation, all rights, title and interest in its sewer
line(s), unless specifically otherwise provided herein, including the Anna Release Area. The City of
Melissa hereby acknowledges that it does not have, by virtue of this agreement or any other
agreement, any rights, title, interests, or obligations in any sewer line(s) or facility owned by the City
of Anna within the Anna Release Area or any other area, unless specifically agreed to herein or in the
future. This Agreement does not imbue or invest the City of Melissa the right to any facility, line,
real property interest, or appurtenance owned or operated by the City of Anna, unless specifically
agreed to by the parties.
SECTION 7. MISCELLANEOUS
The following miscellaneous provisions are a part of this Boundary Agreement:
A. the Parties agree that the adoption of any ordinance or resolution by the cities or the
taking of any other act necessary to accomplish the purpose of this Boundary Agreement shall be
contingent, and neither shall be deemed effective nor enforceable by one city against the other, unless
and until such time as each city has adopted such a resolution or ordinance or taken such other
necessary acts to fully accomplish the purpose of this Boundary Agreement.
B . The persons signing this Boundary Agreement on behalf of the cities have been duly
authorized and empowered to do so. This Boundary Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which shall constitute one and the
same document.
C. This Boundary Agreement may not be assigned. It embodies the entire agreement
between the parties and may not be amended except in writing.
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D. In the event that one or more of the provisions contained in this Boundary Agreement
for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability of this Boundary Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained herein, but shall not affect the remaining
provisions of this Boundary Agreement, which shall remain in full force and effect.
E. In the event of any dispute regarding this Boundary Agreement or the terms contained
herein, the parties hereto agree that they shall submit such dispute to non -binding mediation. This
Boundary Agreement shall be governed by and construed in accordance with the laws ofthe State of
Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas.
Venue for any action arising under this Boundary Agreement shall lie in the state district courts of
Collin County, Texas.
F. All costs or fees associated with the performance of this Boundary Agreement shall be
paid by the party incurring same and shall be paid from current revenues of that party.
G. This Boundary Agreement shall supersede and replace any and all prior agreements
between the parties regarding the matters addressed in this Boundary Agreement to the extent of any
conflict between this Boundary Agreement and any such prior agreements.
[The Remainder of this Page Intentionally Left Blank]
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EXECUTED this the day of 2018.
ATTEST: CITY OF MELISSA, TEXAS
Linda Bannister, City Secretary
STATE OF TEXAS
COUNTY OF COLLIN
Reed Greer, Mayor
This instrument was acknowledged before me on the — day of 1
2018, by Reed Greer, Mayor, City of Melissa, Texas, a Texas municipal corporation, on behalf of
said municipal corporation.
Notary Public, State of Texas
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EXECUTED this the 911- day of 1,, 2019,
d' /
ATTEST:
Carrie L. Smith, City Secretary
STATE OF TEXAS
COUNTY OF COLLIN
CITY OF A;NNA, TE 'S
Nate Pike, Mayor
This instrument was acknowledged before me on the q4 day of 9
2018, by Nate Pike, City of Anna, Texas, a Texas municipal corporation, on behalf of 91d municipal
corporation.
LAURETTA KAY BLACKETER
ANota Public, S tate of Texas
My Notary ID # 129369379
Expires April 1, 2021
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EXHIBIT "B"
EXHIBIT "B" - PART I
FIELD NOTE DESCRIPTION
COLLIN COUNTY OUTER LOOP
R1GIIT-OF-WAY BOUNDARY
Being a 107.778 acre tract of land in the W.E. Throckmorton Survey, Abstract No. 899, the William Kitchings
Survey, Abstract No. 505, the Charles Carter Survey, Abstract No. 221, and the D.E.W. Babb Survey, Abstract
No. 33, Collin County, Texas, and being the Collin County Outer Loop Right-of-way boundary between U.S.
Highway 75 and State Highway 5, and being all of the following parcels of land:
Legal Description
Acreage
Owner
Collin CAD
Prop. 11)
Tract 16- 1, W. E. Throckmorton Survey
1,0832
Collin County
2671017
Abstract No. 899, Collin Co., Texas
Tract 20- 1, William Kitchings Survey
0.337
Collin County
2671030
Abstract No. 505, Collin Co., Texas
Tract 8-1, W.E. Throckmorton Survey
6.02
Collin CountyTol I Road Authority
2670622
Abstract No. 899, Collin Co�'Tcxas
Tract 10- 1, William Kitchings Survey
8.1413
Collin County Toll Road Authority
2670650
Abstract No. 505, Collin Co.. Texas
Tract 9- 1, William Kitchings Survey
9.90
Collin County Toll Road Authority
2657435
Abstract No. 505, Collin Co., Texas
Tract 13-1, William Kitchings Survey
13.766
T-
Collin County Toll Road Authority
2653375
Abstract No. 505, Collin Co., Texas
Tract 3-1, Charles Carter Survey
27,8985
Collin County Toll Road Authority
2661175
Abstract No. 22 1, Collin Co., Texas
Collin County Toll Road Authority
2661176
Tract 17 1 - 1, D. F.W. Babb Survey
8.4693
Abstract No. 3 3, Col I in Co., Texas
Tract 3-1, D.E.W. Babb Survey
20,20
Collin CountyToll Road Authority
2663666
Abstract No. 33, Collin Co.,'I'cxas
Tract 3-2, DY.W. Babb Survey
Abstract No. 3 3, Col I in Co., Texas
12.7278
Collin County Toll Road Authority
26633667
Said 107.778 acres of the Collin County Outer Loop Right-of-way being more particularly described as follows:
BEOINNING at a point, said point being on the south right-of-way line of the Collin County Outer Loop, said
point also being on the, east right-of-way line of Interstate Highway No. 75 (M. 75) (a variable width TxDOT
right-of-way);
THrNCF along the east right-of-way line of I.H. 75 the flollowing calls for bearing and distance:
N 20`54'02" E, a distance of 28. 10 feet to a point for corner;
N 43136'02", F', a distance of 269.06 1eet to a point for corner,
N 25'5 1'02" E., a distance of 219.33 reet to a point for corner;
N 0 1 *34'20" E', a distance of 71.33 feet loa point for corner;
N 45'46'33" E, a distance of 42.31 feet to a point for corner.
N 01'1 ['33" F, it distance of 3 1.00 feet toa point for comer;
!1 712',1 Anl,�Whl,j Avlfl-rwtt�-" I ( 01. R 0 �k -� 1,�) - ""! I ev- Page I (?f 8
EXHIBIT "B"
EXHIBIT "B" — PARTI
N 44'20'27" W, a distance of 41.97 flect to a point for corner;
N 0 1 '0W08" F, a distance of 6.77 feet to a point for corner, said point being on the north right-of-way
line of the Collin County Outer Loop;
THENCE departing tile cast right-of-way line of I.H. 75, and along the north right -or -way line of tile Collin
County Outer Loop tile following calls for bearing and distance:
S 88'02'27" E� a distance of 265.93 feet to a point for corner;
S 80'07'22" E, a distance of 524.73 feet to a point for comer:
S 79'44'20" F, a distance of 1,753.56 feet to a point for corner, said point being at tile beginning of a
tangent curve to the left, said curve having a radius of 5,750.00 feet, a central angle of 8'4 P52", and a
chord bearing and distance of S 84105'l 7" F, 872.04 feet;
Along said curve to the left, an arc distance oi'872.88 feet to a point for comer;
S 88".16'14" E, a distance of 864.02 feet to a point for corner;
N 85'05'17" E, a distance of 536.26 flect to a point for corner;
S 88' 18'3 1 " E, a distance of 142.01 feet to a point for comer;
S 79'2 I'l 8" F", a distance of 381.08 fleet to a point for corner;
S 88'26'14" E, a distance of 1,558,59 feet to a point for comer, said point being at the beginning of a
tangent curve to the right, said curve having a radius or4,250.00 feet.. a central angle of'7044'08", and a
chord bearing and distance of 8 84"34'10" E, 573.36 feet;
Along said curve to the right,an arc distance of 573.79 feet to a point for corner;
N 70'34'07" E, a distance or 63.68 feet to a point for corner;
S 77'2954" E, a distance of 1,594.43 feet to a point for comer, said point being oil the cast right-of-
way line of State Highway 5 (S.11. 5)(a variable width TxD01'right-of-way);
THENCE S 18042'35" W, departing the north right-of-way line ofthe Collin County Outer Loop, and along the
west right -or -way line of S.H. 5, a distance of 538.89 feet to a point for comer, said point being on the south
right-of-way line of the Collin County Outer Loop, said point also being at the beginning or a rion-tangcnt curve
to the right, said curve having a radius of 12,250.00 feet, a central angle ol'5'03'40", and a chord bearing and
distance of N 77'30'3 1 " W, 1,081.72 feet:
THENCE departing tile west right-of-way line of S.H. 5, and along the south right-ol-way line of tile Collin
County Outer Loop the fol lowing cal Is for bearing and distance:
Along said curve to the right, an are distance of 1,082.07 feet to a point for corner;
N 18'26'11 " V, a distance of 26.17 feet to a point for corner;
N 18'24'15" E, a distance of 27.37 feet to a point for corner;
N, 78'40'08" W, a distance of,144.53 feet to a point for comer;
I i �P,,p I I�A��, Qcl I ?I W) At,, Alx,,,Y—',P'7�,fl)j��J� P�' 1 1"' 1 I� Poge 2 (Y 8
EXHIBIT "B"
EXHIBIT"ll" — PART I
S 10'21'51" W, a distance of 37.95 feet to a point for comer, said point being at the beginning of a non -
tangent curve to the left, said curve having a radius of 3,750.00 feet, a central angle of 9'55'20", and a
chord bearing and distance of N 83'28'34" W, 648.60 feet;
Along said curve to the left, an arc distance of 649.41 feet to a point for corner;
N 88*26'14" W, a distance of 3,473.76 feet to a point 11or corner, said point being at the beginning of a
tangent curve to the right, said curve having a radius of 6,250.00 feet, a central angle of 8*4 P52", and a
chord bearing and distance of N 84'05'17" W, 947.87 feet;
Along said curve to the right, an are distance of 948.78 feet to a point for corner;
N 79'44'21 " W, a distance of 1,571.57 feet to a point for comer, said point being at the beginning of a
tangent curve to the left, said curve having a radius of'4,750.00 fect, a central angle of 4'50'23", and a
chord bearing and distance of N 82'09'33" W, 401.11 feet;
Along said curve to tlie left, an are distance of 401.23 feet to a point for comer;
MENCE N 88038'31" W, a distance of 770.52 feet to the POINT OF BEGINNING, said tract containing
107.778 acres of land, more or less.
Notes:
I . This document was prepared under 22 TAC
663.2 1, does not reflect the results of an on
the ground survey, and is not to be used to
convey or establish interests in real property
except those rights and interest implied or
established by the creation or reconfiguration
of the boundary of the political subdivision for
which it was prepared.
2. Basis of Bearing: Texas State Coordinate
Systern, North Central Zone (4202), NAD'83.
3. A plat of even date accompanies this field note
description.
Gary C. Hendricks, P.E., R.P.L.S.
Texas Registration No. 5073
Birkhoff, Hendricks & Carter, L.L.P,
TBPLS Finn No. 100318-00
119 10 Greenville Ave., Suite 600
Dallas, Texas 75243
If ANqjWs"mmN2017120 A-a-Mc4iml3mndwy P1A1sAI).-.iItkm1CCOL ROW Ow.&T-Pwt I dca
...............................
GARY CLINTON HENDRICKS
...........................
5073
S
Page 3 qf8
EXHIBIT "B"
EXHIBIT "B" — PART 2
FIELD NOTE DESCRIPTION
COLLIN COUNTY OUTER LOOP
RIGHT-OF-WAY BOUNDARY
Being a 76.432 acre tract of land in the D.E.W. Babb Survey, Abstract No. 33, Collin COUnty,Texas, and being
tile Collin County Outer Loop Right-of-way boundary between State Highway 5 and County Road 418, and being
all of the following parcels of land:
Legal Description
Acreage
Owner
Collin CAI)
PE2p. ID
1.177
Collin county'roil Road Authority
2653398
Parcel No. 18, D.E.W. Babb Survey,
Abstract No. 3 3, Col I i n Co., Texas
Tract 1, Parcel 2, D.E.W. Babb Survey
13.793
Collin County Toll Road Authority
2662329
Abstract No. 33, Collin Co.,Texas
Tract 2, Parcel 2, D.E.W. Babb Survey
21.696
Collin CountyToll Road Authority
2670661
Abstract No. 33, Collin Co,, Texas
39.766
Collin CountyToll Road Authority
2670670 &
Tract 2, Parcel 1, D.E.W. Babb Survey
Abstract No. 33, Collin Co., Texas
1
2670664
Said 76.432 acres of the Collin County Outer Loop Right-ollway being more particularly described as follows:
BEGINNING at a point, said point being oil tile south right-of-way line of tile Collin County Outer Loop, said
0
point also being oil the east right-of-way line of the Dallas Area Rapid Transit (D.A.R.T.) railroad (a 100-foot
wide right-of-way).
T] ILNCE N 18Q42'35" E, along (lie cast right-of-way line of said D.A.R.T. railroad, a distance of'573.84 feet to
a point lor corner, said point being on the north right -or -way line ofthe Collin County Outer Loop;
TITENCEdeparting the east right-of-way line of said D.A.R.T. railroad, andalong the north right-of-way line of
the Collin County Outer Loop the following calls for bearing and distance:
S 00'04'50" W, a distance or 63.08 feet to a point I*or corner,
S 89'02'34" E, a distance of 2,751.30 feet to a point for corner;
S 89"39'12" E, a distance of 2,076.95 feet to a point for corner;
S 89'28'40" E, a distance of 1,380,35 feet to a point for corner, said point being in the centerline of'
County Road 418 (an undedicated county road);
THENCE S 00"09'04" E, a distance of 500.04 feet to a point for corner. said point being in the south right-of-
way line of the Collin County Outer Loop;
THFNCF along the south right-of-way line of tile Collin County Outer Loop the fiollowing calls for hearing and
distance:
N 89'28'40" W, a distance of 1,385.46 feet to a point for corner;
N 89"39' 12" W, a distance of 1,417.42 feet to a point lor corner, said point being at tile beginning of a
tangent curve to the left, said curve having a radius of 11,750.00 feet, a central angle of 4'28'36", and a
chord hearing and distance of S 88'W29" W, 917.83 feet;
jq,-M)-v p..-01 ( 01. R 0 V; R1.1 ,
Page 4 qfS
EXHIBIT 661199
YXI111111'"B" — PART 2
Along said curve to the left, an arc distance of 918.06 feet to a point for corner, said point being at the
point of reverse curvature of a curve to the right, said curve having a radius of 12,250.00 feet. a central
angle of 12*32'14", and a chord bearing and distance of N 87'51'43" W, 2,675.16 feet;
Along said curve to the right, an arc distance of 2,680.51 feet to the POINT OF BEGINNING, said tract
containing 76.432 acres of land, more or less.
Notes:
I . This document was prepared under 22 TAC
663.2 1, does not reflect the resu Its of an on
the ground survey, and is not to be used to
convey or establish interests in real property
except those rights and interest implied or
established by the creation or reconliguration
of the boundary of the political subdivision for
which it was prepared.
2. Basis of Bearing: Texas State Coordinate
System, North Central Zone (4202), NAD '83.
3. A plat of even date accompanies this field note
description.
Gary C. Hendricks, P.E., R.P.]
Texas Registration No. 5073
Birkhoff, Hendricks & Carter,
TBPLS Firm No. 100318-00
119 10 Greenville Ave., Suite i
Dallas, Texas 75243
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EXHIBIT "B"
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