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HomeMy WebLinkAboutResolution-Boundary Adjustment Agreement - Anna/MelissaCITY OF MELISSA, TEXAS RESOLUTION NO. 18-30 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MELISSA, 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 MELISSA, TEXAS, THAT: Section 1. The City Council of the City of Melissa, 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 Anna duly adopting the Agreement, the Mayor of Melissa 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 "To Anna," including "Tract 1," "Tract 3," "Tract 4," and "Tract 5" are hereby released pursuant to Texas Local Government Code, Section 42.023. PASSED by the City Council of the City of M, 1Jgq s, this 8th day of May 2018. City of Meliss ,Texas 4k...... l ��i� Attest Je ^ • yam' .� • _' A4 MAA f�. Reed Greer, Mayor 3, Linda Bannister, CitySecretary STATE OF TEXAS ) COUNTY OF COLLIN ) BOUNDARYADJUSTMENT AGREEMENT BETWEEN THE MUNICIPALITIES OF MELISSA AND ANNA WHEREAS, the City of Melissa, Texas ("Melissa"), is a home -rule municipality created pursuant to state law, and located in Collin County, Texas; and WHEREAS, the City of Anna, Texas ("Anna"), 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 ("ETT') 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 functions such as the determination of ETJ boundaries, corporate limit boundaries, and utility service area boundaries; and WHEREAS, the Parties are empoweredpursuant to Section 42.023 ofthe Local Government Code to reduce their respective ETJ boundaries by ordinance or resolution; and 1 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 "A" 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 "A") shall be released by Melissa (collectively, the "Melissa Release Area"), thereby reducing Melissa's annexation and ETJ boundary area and increasing Anna's annexation 2 and ETJ 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 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 rd 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 functions 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 parry's best interests, as well as in the best interests of their respective citizens; WITNESSETH: NOW, THEREFORE, for and in consideration of the 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 subj ect to this Boundary Agreement: SECTION 1. FINDINGS INCORPORATED. The foregoing recitals are hereby incorporated into the body of this 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 N and 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 j oin 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. 7 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 ofproperty, 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 fust 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. 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. 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 of the 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 from 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". 10 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. 11 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 of the 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] 12 EXECUTED this the 1,3 day of 2018. ATTEST: inda Bannister, City Secretary STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me on the VA day of 1NL 2018, by Reed Greer, Mayor, City of Melissa, Texas, a Texas municipal corporatiohi, on behalf of said municipal corporation. ``` 111111111o'e.t N D ' ot .. G,••' '•."� Notary Public, State of Texas � �•• �EC*� LINDA BANNISTERMy Commission EMpiresce' •'•••.••..••'•`�October 12, 2019 13 EXECUTED this the b' ATTEST: day of% 20121 Ll I r Athe Carrie L. Smith, City Secretary STATE OF TEXAS COUNTY OF COLLIN CITY OF ANNA, TE S //W Nate Pike, Mayor This instrument was acknowledged before me on the 94 day of 2018, byNate Pike, City of Anna, Texas, a Texas municipal corporation, on behalf of s ifdm uni cipal corporation. �,Rti"•'y}rt LAURETTAKAYBLACKETER j My Notary Ip # 129369379 Nota Public, State of exas F+'t ExplresAprll1,2021 15 EXHIBIT "A" 1 _ US HIGHWAY 75 -- a n z —ni L e_7 z v O O 0.4 �n 'I m Zn Y A r 1 Al a 1< e I 1 , 0 \./ n> o� ail z—i z 1- 1 I —f4 y\� 1 CyWA �` q m mC>m Z'< O Z-1 =�x m 0;0 Z =1m f z F 9 m Z Z (-- i i ?} n a �P INE; a90 n r -I li,1 Z�I 1 >s z 3 rn N ' Z r M CA IM I ILII n NI 1C K Fn m ZNJ 3 1 � EXHIBIT "B" EXHIBIT "B" — PART 1 FIELD NOTE DESCRIPTION COLLIN COUNTY OUTER LOOP RIGHT-OF-WAY BOUNDARY Being a 107.778 acre tract of land in the W.E. Throckmorton Survey, Abstract No. 899, the William Kitchlogs 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 - Pro.ID Tract 16-1, W. E. Throckmorton Survey Abstract No. 899, Collin Co., Texas 1,0832 Collin County 2671017 Tract 20-1,William Kitchings8urvey Abstract No. 505, Collin Co. Texas 0.337 Collin County 2671030 Tract 8-1, W.E. ThrockmortonCo.,Texas Survey Abstract No. 899 Collin 6.02 Collin County Toll Road Authority 2670622 Tract 10-1, William Kitchings Survey Abstract No. 505 Collin Co., Texas 8,1413 Collht Cou nty Toll Road Authority 2670650 Tract 9-1, William Kitchings Survey Abstract No. 505, Collin Co., Texas 9.90 Collin County Toll Road Authority 2657435 Tract 13-1, William Kitching,Survey Abstract No. 505 Collin Co., Texas 13.766 Collin County Toll Road Authority 2653375 Tract 3-1, CharlesCarter Survey Abstract No. 221 Collin Co., Texas 27,8985 Collin County Toll Road Authority 2661175 Tract ct No. 33, Collin Co. D.E.W. Babb S Abstract No. urvey Texas 8,4693 Collin County Toll Road Authority 2661176 Tract 3-1, D.E.W. Babb Survey Abstract No. 33, Collin Co., Texas 20.20 Collin County Toll Road Authority 2663666 Tract 3-2, D.E.W. Babb Survey Abstract No. 33, Collin Co. Texas 12.7278 1 Collin County Toll Road Authority 2663667 Said 107.778 acres of the Collin County Outer Loop Right-of-way being more particularly described as follows: BEGINNING 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 (I.H. 75) (a variable width TxDOT right-of-way); THENCE along the east right-of-way line of I.H. 75 the following calls for bearing and distance: N 20°54'02" E, a distance of 28.10 feet to a point for corner; N 43°36'02" E, a distance of 269.06 feet to a point for comer; N 25051102" E, a distance of 219.33 feet to a point for comer; N 01'34'20" E, a distance of 71.33 feet to a point for corner; N 45°46'33" E, a distance of 42.31 feet to a point for comer; N 01'11'33" E, a distance of 31.00 feet to a point for comer; a1PMJWSIAnn.U17130A -A44"a ewidary �geeemnOF.uemeu Pj t,s u,,jjwACCOLR0 W BMMaq - Pun I.do Page EXHIBIT "B" EXHIBIT "B" — PART 1 N 44°20'27" W, a distance of 41.97 feet to a point for corner; N 01°08'08" E, 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 the east right-of-way line of I.H. 75, and along the north right-of-way line of the Collin County Outer Loop the following calls for bearing and distance: S 88°02'27" E, a distance of 265.93 feet to a point for comer; S 80°07'22" E, a distance of 524.73 feet to a point for comer, S 79°44'20" E, a distance of 1,753.56 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 5,750.00 feet, a central angle of 8041'52", and a chord bearing and distance of S 84005'17" E, 872.04 feet; Along said curve to the left, an aro distance of 872.88 feet to a point for corner S 88°26' 14" E, a distance of 864.02 feet to a point for comer; N 8500511711 E, a distance of 536.26 feet to a point for comer; S 88°18'31"E, a distance of 142.01 feet to a point for comer; i S 79°2V1 8" E, a distance of 381.08 feet 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 of 4,250.00 feet, a central angle of 7044'08", and a chord bearing and distance of S 84°34'10" E, 573.36 feet; Along said curve to the right, an are distance of 573.79 feet to a point for comer; N 70034107" E, a distance of 63.68 feet to a point for corner, S 77°29'54" E, a distance of 1,594.43 feet to a point for comer, said point being on the east right-of- way line of State Highway 5 (S.H. 5)(a variable width TxDOT right-of-way); THENCE S 18°42'35" W, departing the north right-of-way line of the Collin County Outer Loop, and along the west right-of-way line of S.H. 5, a distance of 538.89 feet to a point for confer, said point being on the south right-of-way line of die Collin County Outer Loop, said point also being at the beginning of a non -tangent curve to the right, said curve having a radius of 12,250.00 feet, a central angle of 5°03'40", and a chord bearing and distance of N 77°30'31" W, 1,081.72 feet; THENCE departing the west right-of-way line of SII. 5, and along the south rigbt-of-way line of the Collin County Outer Loop the following calls 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" E, 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 comer; N 78°40'08" W, a distance of 344.53 feet to a point for corner; a1Yr Jxt,lAam1301]a0 Anm Mldiw Bpund�ryAgreem.nllEaseirrnt PlauWesc,ip�io�IGCOL R O W Ba Mary - Port I daax Page 2 of EXHIBIT "B" EXHIBIT "B" — PART 1 S 10°21'51" W, a distance of 37.95 feet to a point for corner, 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 9055'20", and a chord bearing and distance of N 83028'34" W, 648.60 feet; Along said curve to the left, an are distance of 649AI feet to a point for corner; N 8826'1 V W, a distance of 3,473.76 feet to a point for 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 8041'52", and a chord bearing and distance of N 84005' 17" W, 947.87 feet Along said curve to the right, an aro distance of 948.78 feet to a point for comer, 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 feet, a central angle of 4050'23", and a chord bearing and distance of N 82°09'33" W, 401.11 feet; Along said curve to the left, an are distance of 401.23 feet to a point for comer; THENCE 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 System, North Central Zone (4202), NAD '83. 3. A plat of even date accompanies this field note description. Gary C. Hendricks, P.1 Texas Registration No Birkhofl; Hendricks & TBPLS Firm No. 1003 11910 Greenville Ave. Dallas, Texas 75243 x:�rrolro+�uoxuanno nro"-ma�a,o��a,yay�,�,mu<,m„:m Yin.W"ogfiomvcot ao�v oaroa."-em �.x« Page 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.F.W. Babb Survey, Abstract No. 33, Collin County, Texas, and being the 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 Cotton CAA Pro .ID Parcel No. 18, D.E.W. Babb Survey, Abstract No. 33, Collin Co., Texas 1.177 Collin County Toll Road Authority 2653398 Tract 1, Parcel 2, D.E.W.Babb Survey Abstract No. 33 Collin Co. Texas 13.793 Collin County Toll Road Authority 2662329 Tract 2, Parcel 2, D.E.W. Babb Survey Abstract No. 33 Collin Co., Texas 27,696 Collin County Toll Road Authority 2670661 Tract 2, Parcel 1, D.E.W. Babb Survey Abstract No. 33, Collin Co. Texas 39.766 Collin Coun Toll Road Authority2670670 ty & 2670664 Said 76.432 acres of the Collin County Outer Loop Right-of-way being more particularly described as follows: BEGINNING 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 the Dallas Area Rapid Transit (D.A.R.T.) railroad (a 100 -foot wide right-of-way); THENCE N 18°42'35" E, along the east right-of-way line of said D.A.R.T. railroad, a distance of 573.84 feet to a point for corner, said point being on the north right-of-way line of the Collin County Outer Loop; THENCE departing the east right-of-way line of said D.A.R.T. railroad, and along 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 of 63.08 feet to a point for corner; S 89°02'34" E, a distance of 2,751.30 feet to a point for comer; 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 comer, 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; THENCE along the south right-of-way line of the Collin County Outer Loop the following calls for bearing and distance: N 89028140" W, a distance of 1,385.46 feet to a point for corner; N 89039'1211 W, a distance of 1,417.42 feet to a point for corner, said point being at the beginning of a tangent curve to the left, said curve having a radius of 11,750.00 feet, a central angle of4028136", and a chord bearing and distance of S 88°06'29" W, 917.83 feet; N U4oJMAAmfiE0lizU Mw Metisw erv�dery�grxm,ngEesnnem Plns\OesuipianslCCOL hOW A da-ft"±docx Page EXHIBIT "B" EXHIBIT "B" —PART 2 Along said curve to the left, an are 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 12032'14", 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: 1. This document was prepared under 22 TAG 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 Bearina: 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 11910 Greenville Ave., Suite Dallas, Texas 75243 x:u.q«i wn.�mnixn A. Neona Mum. Aenm"m.Hsca aemvx,..ip[W. COL ROM a.W.y-nn Ia' - Page 5 Of EXHIBIT "B" US HIGHWAY 75 X.E. 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