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HomeMy WebLinkAbout21-376RESOLUTION NO. 21-376 A RESOLUTION OF THE CITY OF DENTON REGARDING THE CREATION OF THE STONEHILL RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY, ENCOMPASSING APPROXMATELY 161.641 ACRES OF LAND, LOCATED SOUTH AND WEST OF OLD STONEY ROAD, AND EAST OF SCHLUTER ROAD WITHIN DrvisioN 2 OF THE EXTRATERRITORLAL JURISDICTION OF THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTrVE DATE. WHEREAS, DGA Family LLC, a Texas limited liability corporation (“Petitioner“) owns approximately 161.641 acres of land (“Property“) in Division 2 of the City of Denton’s Extraterritorial Jurisdiction (“ETJ”), as described and shown on the map attached hereto as Exhibit and“A“9 WHEREAS, a municipal utility district (“MUD”) can be created by the Texas Legislature or the Texas Commission on Environmental Quality (“TCEQ”); and WHEREAS, for property located in the City of Denton’s ETJ to be included in a MUD the City of Denton’s consent is required; and WHEREAS, on February 2, 2021, the City of Denton received the Petitioner’s Petition for Consent to Creation of Stonehill Ranch Municipal Utility DistrIct No. 1 of Denton County on 161.641 acres of land (“Petition”), attached hereto as Exhibit “B“; and WHEREAS, the Property is located in the City of Denton’s ETJ but outside of the City of Denton’s exclusive right to provide retail water and/or sewer utility service, and consistent with the Interim MUD Policy adopted by City Council, the City does not object to the creation of the District; and WHEREAS, pursuant to Chapter 54 of the Texas Water Code and Chapter 42 of the Texas Local Government Code, the City Council of the City of Denton desires to adopt a resolution consenting to the creation of the District within 90 days after the date the governing body receives a written request for consent; and WHEREAS, the City Council determines that it is in the best interest of the citizens of Denton to consent to the creation of the District; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations in the preamble of this resolution are incorporated herein by reference. SECTION 2. The City of Denton, Texas, hereby consents to the creation of the Stonehill Ranch Municipal Utility District No. 1 of Denton County on the Property located within the ETJ of the City with the following conditions: a.The Petitioner must obtain subdivision approval from Denton County in accordance with the Denton County Subdivision Rules and Regulations July 2009, as amended. SECTION 3. This resolution shall take effect immediately from and after its date and passage secondeTJyn'giVE\T=“eqoRCI:=#” nr;atE £=?3}:£p!=1]£pp„„=:the following vote L"L - a : Aye Nay Abstain Absent Gerard Hudspeth, Mayor:Y/ ,/‘ V“ a Z / a Birdia Johnson, District 1 : Connie Baker. District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the q+ d,y ,f MarCh 202 1 . /g- MAYOR ATTEST: ROSA RIOS, CITY SECRETARY AlltIll IIIIf/aOF••+•e•e• da _ <Za/; J + ON ’fIll APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Digitally signed by Mack .,: a„£ 6A„„J Reinwand Date: 2021.02.25 1 1 :40:43 Page 2 of 2 EXHIBIT “A“ LEGAL DESCRIPTION 161.6140 ACRES BEING a tract of land situated in the John McGowan Survey, Abstract No.902, Denton County, Texas and being all those tracts of land conveyed to DGA Family, LLC., according to the document filed of record in Instrument Number 2019-58846 and Instrument Number 2019-58847, Deed Records Denton County, Texas (D.R.D.C. T.), also being all of Lot 1, Block 2, Sunny Ranches, an addition to Denton County, Texas according to the plat field of record in Cabinet W, Page 9, Plat Records Denton County, Texas (P.R.D.C. T.), and being conveyed to Beth E. Raibley, according to the document filed of record in Instrument Number 2020.132507, (D.R.D.C. T.) and being more particularly described as follows: BEGINNING at a point for the southeast corner of Lot 1, Block 1, of said addition, same being common with the southwest corner of said DGA Family tract and this tract, from said common corber a 5/8” iron rod with plastic cap stamped Dannenbaum Engineering found for reference to said corner bears North 89'’37'22" West, 368.32 feet; THENCE North O'’37'47" West, with the east line of said addition, same being common with the west line of said DGA Family tract and this tract, a distance of 604.08 feet to a point in the south line of that tract of land conveyed to Marcus J. Boudreaux according to the document filed of record in Document Number 2010-09611, (D.R.D.C. T.) for the northeast corner of Lot 4, Block 1 of said addition same being a common “eII” corner of said DGA Family tract and this tract, from which a 1/2" iron rod found for reference to said corner bears South 89'’46’22’'West, 362.28 feet; THENCE North 89'’43’13" East, with said south line, same being common with a southerly line of said DGA Family tract and this tract, passing at a distance of 139.4 feet the southeast corner of said Boudreaux tract, same being a common corner of that called 5.000 acre tract of land conveyed to Ursin Boudreaux & wife Doris Bouctreaux according to the document filed of record in Volume 1487, Page 355, (D.R.D.C.T.), continuing with the south line of said 5.000 acre tract, for a total distance of 214,78 feet to a point for the southeast corner of said 5.000acre tract, same being a common “eII” corner of said DGA Family tract and this tract, from which a 1/2" iron rod found for reference to said corner bears North 03 '’41'27" East, 1.45 feet; THENCE North O'’37’47" West, with the common line of said 5.000 acre tract and DGA Family tract and Mis tract, a distance of 350.00 feet to a point for the northeast corner of said 5.000 acre tract> same being a common “eII” corner of said DGA Family tract and this tract, from which a 5/8" iron rod found for reference to said corner bears North 19'24'24" West, 1.62 feet; THENCE South 89'’43'13" West, continuing with a common line of said 5.000 acre tract, the D(JA Family tract and this tract, passing at a distance of 207.20 feet, a 5/8” iron rod found for the southeast corner of the above-mentioned Lot 1, Block 2 of Sunny Ranches addition and continuing with a portion of the north line of said Boudreaux tract, same being common with the south line 017185.000001\48254221 -.3076. v 1 of said Lot 1, passing at a distance of 248.92 feet the northeast corner of that tract of land conveyed to Harold G. McInnis and Patricia A. Mclnnis, according to the document filed of record in Document Number 1996-88639 (D.R.D.C.T.), continuing with the north line of said McInnis tract, same being common with the south line of said Lot 1 for a total distance of 577.28 feet to a point in the east line of Schluter Road for the southwest corner of said Lot 1, Block 2 and this tract; THENCE North 0'’37'47" West, with said east line, a distance of 120.00 feet to a point for corner of this tract and being the northwest corner of said Lot 1 same being the common southwest corner of Lot 2 and said Block 2; THENCE North 89Q43’13" East, with the north line of said Lot 1, same being common with the south line of said Lot 2, a distance of 370.00 feet to a 5/8” iron rod found for a corner of this tract, the northeast corner of said Lot 1 and common southeast corner of said Lot 2; THENCE North 0'’37'47" West, leaving said common corner, with the east line of the above- mentioned Sunny Ranches addition, a distance of 1679.68 feet to a 1/2" iron rod found for the common southeast corner of Lot 15 and northeast corner of Lot 14 of the above-mentioned Block 2, for a corner of this tract; THENCE South 89'’43'13'’ West, with the common line of said Lots, a distance of 370.00 feet to a point in the east line of the above-mentioned Schluter Road for the common corner of said Lots 14 and 15, for a corner of this tract; THENCE North 0'’37'47" West, with said east line, a distance of 120.00 feet to a 1/2" iron rod found for the common northwest corner of said Lot 15 and the southwest corner of Lot 16 of the above-mentioned Block 2 for a corner of this tract; THENCE North 89'’43’13" East, with the common line of said Lots, a distance of 370.00 feet to the common northeast corner of Lot 15 and the southeast corner of Lot 16 for a corner of this tract; THENCE North 0'’37’47" West, with the east line of the above-mentioned Block 2, a distance of 236.57 feet to a 5/8” iron rod with plastic cap stamped “Hammett Nash 1849” found for the southwest corner of Lot 21, Block 2, Sunny Ranches Phase 2, an addition to Denton County, Texas according to the plat filed of record in Cabinet P, Page 98 (P.R.D.C. T.) for the northwest corner of the above mentioned DGA Family tract and this tract; THENCE North 89'’34’07" East, with the south line of said Phase 2, same being common with the north line of said DGA Family tract and this tract, a distance of 1080.00 feet to a point for the common southwest corner of Lot 30 and southeast corner of Lot 29 of said Block and Phase for a corner of this tract; THENCE North o'’3 1'05" West, with the common line of said Lots, a distance of 370.00 feet to a point for the common northwest corner of Lot 30 and northeast corner of Lot 29, said point being in the south line of Old Stoney Road and being the most northerly northwest corner of this tract, from which a 1/2" iron rod found for reference to said corner bears South 89'’34’C)7'' West, 120.61 feet; 017185.000001 \4825-4221 -3076. vI THENCE North 89'’34'07" East, with said south line, a distance of 180.00 feet to a point for the northwest corner of Lot 1 of the above-mentioned Phase 2 and the most northerly northeast corner of said DGA Family tract and this tract, from which a 5/8” iron rod stamped “Metroplex 1849” found for reference to said corner bears North 89'’34’07" East, 264.10 feet; THENCE South O'’31'05'’ East, with the west line of said Lot !, same being common with a northerly line of said DGA Family tract and this tract, a distance of 370.00 feet to a point for corner, from which a 1/2" iron rod found for reference to said comer bears South 89'’22’08" West, 30.48 feet; THENCE North 89'’34'07" East, leaving said common corner, with the south line of the above- mentioned Phase 2, a distance of 965.14 feet to a point in Old Stoney Road, in the west line of a called 3.00 acre tract of land conveyed to Ernest Jay Parr according to the document filed of record in Documents Number 2018-50291, (D.R.D.C.T.) for the common southeast corner of said Phase 2 and the northeast corner of said DGA Family tract and this tract, aom which 1/2" iron rod found for reference to said corner bears South 89'’34'07" West, 17. 17 feet; THENCE South 0'’35'55" East, with the east line of said DGA Family tract, along a portion of said road, passing at a distance of 400.53 feet a 1/2" iron rod with capped stamped “Landcon Inc” found for the northwest corner of a called 0.678 of an acre tract of land conveyed to Aqua Texas, according to the document field of record in Document Number 2003-50743 (D.R.D.C.T.), continuing and passing at a distance of 555.54 feet a 1/2" iron rod with plastic cap stamped “Metroplex 1849” found for the southwest corner of said 0.678 acre tract, being common with the northwest corner of a called 46.458 acre tract of land conveyed to Old Stoney Road Investment, LLC as recorded in Document Number 2017-120210 (D,R.D.C. T.), continuing and passing at a distance of 1591.43 feet a 5/8” iron rod with plastic cap stamped “Metroplex 1849” found for the southwest corner of said 46.458 acre tract, being common with the northwest corner of a called 46.629 acre tract of land conveyed to Mitchell, Mitchell & Mitchell Partners, LTD, as recorded in Document Number 2012-24234 (D.R.D.C. T.), continuing and passing at a distance of 2626.05 feet the southwest corner of said 46.629 acre tract, same being common with the northwest corner of a certain called 60.496 acre tract of land described in the deed to Mitchell & Mitchell Properties, LTD as recorded in Document Number 2012-146443 (D.R.D.C. T.), from said corner a 5/8” iron rod with plastic cap stamped “Metroplex 1849” found for reference to said corner bears North 81'’41'12" East, 0.31 feet and continuing for a total distance of 3141.07 feet to a point for the southeast of said DGA Family tract and this tract, same being common with the northeast corner of a called 52.2747 acre tract of land conveyed to Mitchell & Mitchell Properties, LTD, according to the document filed of record in Document Number 2012- 146444 (D.R.D.C.T.), from which a 1/2" iron rod in concrete found for a reference to said corner bears South 19c’59’19" East, 0.72 feet; THENCE North 89'’38'29" West, with the north line of said 52.2747 acre tract, same being common with the south line of said DGA Family tract and this tract, a distance of 223 1.25 feet to the POINT OF BEGINNING and containing 161.6140 acres or 7,039,907 square feet of land, more or less. 017185,000001\4825-4221 -3076. v 1 Stonehill Ranch Estates MUD e lin it-\=H Md mI I :+, tD MUD Boundary a1 CIty LImIts City Proper ETJ Division 1 ETJ Division 2 mo prepared mapsand to the data , af a4’'I § DENTON Development Services Date: 2/22/2021 I EXHIBiT "B" PETITION FOR CONSENT TO CREATION OF STONEHILL RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY THE STATE OF TEXAS § §COUNtY OF DENTON TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON: The undersigned (the "Petitioner"), acting pursuant to the provisions of Chapters 49 and 54 of the Texas Water Code, and Section 42.042 of the Texas Local Government Code, respectfully petitions this Honorable Council for its consent to the creation of a municipal utility district, and for cause would respectfully show the following: 1. The name of the proposed District shall be "Stonehill Ranch Municipal Utility District No. 1 of Denton County" (the ’'District"). 11. The District shall be organized under the terms and provisions of Article III, Section 52, and Article XVI, Section 59, of the Texas Constitution, Chapters 49 and 54 of the Texas Water Code, together with all amendments and additions thereto. 111. The District shall contain an area of approximately 161.6140 acres of land (the "Property"), situated within Denton County, Texas, described by metes and bounds in Exhibit '’A," attached hereto and incorporated herein. The District is located wholly within the extraterdtorial jurisdiction of the City of Denton, Denton County, Texas, and the District is not within the corporate limits or extraterritorial jurisdiction of any other city, town or village. IV. The undersigned constitutes a majority in value of the holders of title to the lands in the proposed District, as shown by the tax rolls and conveyances of record since the date or preparation of said county tax rolls. V. The proposed District shall be organized for the following purposes: (1)provide a water supply for the District for municipal and domestic uses; 017185.000001 \48254221 -3076. v 1 (2) (3) (4) (5) collect, transport, process, dispose of and control all domestic, industrial, or communal wastes whether in fluid, solid, or composite state; gather, conduct, divert and control local storm water or other local harmful excesses of water in the District; construct, acquire, improve, maintain and operate macadamized, graveled, or paved roads and turnpikes, or other improvements in aid of those roads; and such other construction, installation, maintenance, purchase, and operation of such additional facilities, systems, plants and enterprises as shall be consistent with the purposes for which the District is organized. The aforementioned purposes may be accomplished by any mechanical and chemical means and processes incident, necessary or helpful to such purposes, to the extent authorized by law and the creation of the District, to the end that public health and welfare may be conserved and promoted, and the purity and sanitary condition of the State’s waters protected, effected and restored VI. The general nature of the work anticipated to be done by the District at the present time is: (i) the construction of a water distribution system for domestic purposes; (ii) the construction of a sanitary sewer system; (iii) the control, abatement and amendment of the harmful excess of waters and the reclamation and drainage of overflowed lands within the District; (iv) the constriction and fmmlcing of macadamized, graveled, or paved roads and turnpikes, or improvements in aid of those roads; and (v) such other construction, installation, maintenance, purchase and operation of such other facilities, systems, plants and enterprises as shall be consistent with the purposes for which the District is organized, all to the extent authorized by law from time to time. VII. T}lere is a necessity for the improvements above described because the District is located witlin an area which will experience a substantial and sustained residential growth within the foreseeable future, is urban in nature and is not supplied with adequate water, sanitary sewer, drainage facilities and services, or roads. The health and welfare of the future inhabitants of the District require the provision of adequate water, storm and sanitary sewer facilities and services, and roads. The provisions of such water, storm and sanitary sewer facilities and services, and roads will conserve and preserve the natural resources of this State by promoting and protecting the purity and sanitary condition of the State’s waters, and will promote and protect the public health and welfare of the community; therefore, a public necessity exists for the organization of said District The property cannot be developed without the creation of the District to finance the water, sanitary sewer, and drainage facilities and services, and roads; therefore, a public necessity exists. 017185.000001 \4825-4221 -3076.vI VIII. The proposed improvements are practicable and feasible, in that the terrain of the territory to be included in the proposed District is of such nature that water, storm and sanitary sewer facilities and services, and roads can be constructed or provided at a reasonable cost; and said territory will be rapidly developed for residential use. IX. A preliminary investigation has been instituted to determine the cost of the proposed improvements to be constructed by the District, and it is now estimated by those filing this petition, from such information as they have at this time, that the ultimate cost of such improvements will be approximately $7,000,000. X. WHEREFORE, the undersigned respectfully pray that this Petition be granted in all respects and that the City Council of the City of Denton, Texas, adopt a resolution giving its written consent to the creation of the District. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 017185.000001\48254221.3076. v 1 RESPECTFULLY SUBMFFTED this the W day of _IM,'„a , 2021. PETITIONER: Title:Go’W/nr br STATE OF TeXas § § §COUNTY OF jyn@) This instrument was acknowledged before me on NJorhr.nr) flora , Zl{}nMhber of DGA Family on behalf of said limited liability company. the al day of , LLC, a Texas ,1 by lally, ka%i.ntu.„„„„„” (SEAL) MAGGIE SLOAN Notary ID #128574755 My Commission Expires April 4, 2023 017185.OOO(X)IW82P+221-3076.vI EXHIBIT “A“ LEGAL DESCRIPTION 161.6140 ACRES BEING a tract of land situated in the John McGowan Survey, Abstract No.902, Denton County, Texas and being all those tracts of land conveyed to DGA Family, LLC., according to the document filed of record in Instrument Number 2019-58846 and Instrument Number 2019-58847, Deed Records Denton County, Texas (D.R.D.C. T.), also being all of Lot 1, Block 2, Sunny Ranches, an addition to Denton County, Texas according to the plat field of record in Cabinet W, Page 9, Plat Records Denton County, Texas (P.R.D.C. T.), and being conveyed to Beth E. Raibley, according to the document filed of record in Instrument Number 2020- 132507, (D.R.D.C. T.) and being more particularly described as follows: BEGINNING at a point for the southeast corner of Lot 1, Block 1, of said addition, same being common with the southwest corner of said DGA Family tract and this tract, from said common corner a 5/8” iron rod with plastic cap stamped Dannenbaum Engineering found for reference to said corner bears North 89'’37'22" West, 368.32 feet; THENCE North 0'’37'47" West, with the east line of said addition, same being common with the west line of said DGA Family tract and this tract, a distance of 604.08 feet to a point in the south line of that tract of land conveyed to Marcus J. Boudreaux according to the document filed of record in Document Number 2010-09611, (D.R.D.C. T.) for the northeast corner of Lot 4, Block 1 of said addition same being a common “eII” corner of said DGA Family tract and this tract, from which a 1/2" iron rod found for reference to said corner bears South 89'’46'22'’West, 362.28 feet; THENCE North 89'’43'13" East, with said south line, same being common with a southerly line of said DGA Family tract and this tract, passing at a distance of 139.4 feet the southeast corner of said Boudreaux tract, same being a common corner of that called 5.000 acre tract of land conveyed to Ursin Boudreaux & wife Doris Boudreaux according to the document filed of record in Volume 1487, Page 355, (D.R.D.C.T.), continuing with the south line of said 5.000 acre tract, for a total distance of 214,78 feet to a point for the southeast corner of said 5.000acre tract, same being a common “ell” corner of said DGA Family tract and this tract, from which a 1/2" iron rod found for reference to said corner bears North 03'’41'27" East, 1.45 feet; THENCE North 0'’37'47'’ West, with the common line of said 5.000 acre tract and DGA Family tract and this tract, a distance of 350.00 feet to a point for the northeast corner of said 5.000 acre aact, same being a common “eII” corner of said DGA Family tract and this tract, Bam which a 5/8" iron rod found for reference to said corner bears North 19'24'24'' West, 1.62 feet; THENCE South 89'’43’13" West, continuing with a common line of said 5.000 acre tract, the D(JA Family tract and this tract, passing at a distance of 207.20 feet, a 5/8” iron rod found for the southeast corner of the above-mentioned Lot 1, Block 2 of Sunny Ranches addition and continuing with a portion of the north line of said Boudreaux tract, same being common with the south line 017185.000001\48254221 -3076. v 1 of said Lot 1, passing at a distance of 248.92 feet the northeast corner of that tract of land conveyed to Harold G. McInnis and Patricia A. McInnis, according to the document filed of record in Document Number 1996-88639 (D.R.D.C. T.), continuing with the north line of said McIruris tract, same being common with the south line of said Lot 1 for a total distance of 577.28 feet to a point in the east line of Schluter Road for the southwest corner of said Lot 1, Block 2 and this tract; THENCE North 0'’37'47" West, with said east line, a distance of 120.00 feet to a point for corner of this tract and being the northwest corner of said Lot 1 same being the common southwest corner of Lot 2 and said Block 2; THENCE North 89c’43'13" East, with the north line of said Lot 1, same being common with the south line of said Lot 2, a distance of 370.00 feet to a 5/8” iron rod found for a corner of this tract, the northeast corner of said Lot 1 and common southeast corner of said Lot 2; THENCE North 0'’37’47" West, leaving said common corner, with the east line of the above- mentioned Sunny Ranches addition, a distance of 1679.68 feet to a 1/2" iron rod found for the common southeast corner of Lot 15 and northeast corner of Lot 14 of the above-mentioned Block 2, for a corner of this tract; THENCE South 89'>43lj3" West, with the common line of said Lots, a distance of 370,00 feet to a point in the east line of the above-mentioned Schluter Road for the common corner of said Lots 14 and 15, for a corner of this tract; THENCE North 0'37'47" West, with said east line, a distance of 120.00 feet to a 1/2" iron rod found for the common northwest corner of said Lot 15 and the southwest corner of Lot 16 of the above-mentioned Block 2 for a corner of this tract; THENCE North 89'’43'13" East, with the common line of said Lots, a distance of 370.00 feet to the common northeast corner of Lot 15 and the southeast corner of Lot 16 for a corner of this tract; THENCE North 0'’37’47" West, with the east line of the above-mentioned Block 2, a distance of 236.57 feet to a 5/8” iron rod with plastic cap stamped “Hammett Nash 1849” found for the southwest corner of Lot 21, Block 2, Sunny Ranches Phase 2, an addition to Denton County, Texas according to the plat filed of record in Cabinet P, Page 98 (P.R.D.C. T.) for the northwest corner of the above mentioned DGA Family tract and this tract; THENCE North 89'>34’07" East, with the south line of said Phase 2, same being common with the north line of said DGA Family tract and this tract, a distance of 1080.00 feet to a point for the common southwest corner of Lot 30 and southeast corner of Lot 29 of said Block and Phase for a corner of this tract; THENCE North 0'’3 1'05" West, with the common line of said Lots, a distance of 370.00 feet to a point for the common northwest corner of Lot 30 and northeast corner of Lot 29, said point being in the south line of Old Stoney Road and being the most northerly northwest corner of this tract, from which a 1/2" iron rod found for reference to said corner bears South 89'’34'07'' West, 120.61 feet; 017185.000001 \4825-4221 -3076.v 1 THENCE North 89'’34'07" East, with said south line, a distance of 1 80.00 feet to a point for the northwest corner of Lot I of the above-mentioned Phase 2 and the most northerly northeast corner of said DGA Family tract and this tract, from which a 5/8” iron rod stamped “Metroplex 1849” found for reference to said corner bears North 89Q34'07" East, 264. 10 feet; THENCE South 0'’3 1'05" East, with the west line of said Lot 1, same being common with a northerly line of said DGA Family tract and this tract, a distance of 370.00 feet to a point for corner, from which a 1/2" iron rod found for reference to said corner bears South 89'’22’08" West, 30.48 feet; THENCE North 89'’34'07" East, leaving said common corner, with the south line of the above- mentioned Phase 2, a distance of 965.14 feet to a point in Old Stoney Road, in the west line of a called 3.00 acre tract of land conveyed to Ernest Jay Parr according to the document filed of record in Documents Number 2018-50291, (D.R.D.C.T.) for the common southeast corner of said Phase 2 and the northeast corner of said DGA Family tract and this tract, from which 1/2" iron rod found for reference to said corner bears South 89')34'07" West, 17.17 feet; THENCE South O'’35'55'' East, with the east line of said DGA Farnily tract, along a portion of said road, passing at a distance of 400,53 feet a 1/2" iron rod with capped stamped “Landcon Inc” found for the northwest corner of a called 0.678 of an acre tract of land conveyed to Aqua Texas, according to the document field of record in Document Number 2003-50743 (D.R.D.C. T.), continuing and passing at a distance of 555.54 feet a 1/2" iron rod with plastic cap stamped “Metroplex 1849” found for the southwest corner of said 0.678 acre tract, being common with the northwest corner of a called 46.458 acre tract of land conveyed to Old Stoney Road Investment, LLC as recorded in Document Number 2017-120210 (D.R.D.C.T.), continuing and passing at a distance of 1591,43 feet a 5/8” iron rod with plastic cap stamped “Metroplex 1849“ found for the southwest corner of said 46.458 acre tract, being common with the northwest corner of a called 46.629 acre tract of land conveyed to Mitchell, Mitchell & Mitchell Partners, LTD, as recorded in Document Number 2012-24234 (D.R.D.C. T.), continuing and passing at a distance of 2626.05 feet the southwest corner of said 46.629 acre tract, same being common with the northwest corner of a certain called 60.496 acre tract of land described in the deed to Mitchell & Mitchell Properties, LTD as recorded in Document Number 2012-146443 (D.R.D.C.T.), from said corner a 5/8” iron rod with plastic cap stamped “Metroplex 1849” found for reference to said corner bears North 81'’41'12" East, 0.31 feet and continuing for a total distance of 3141.07 feet to a point for the southeast of said DGA Family tract and this tract, same being common with the northeast corner of a called 52.2747 acre tract of land conveyed to Mitchell & Mitchell Properties, LTD, according to the document filed of record in Document Number 2012-146444 (D.R.D.C.T.), from which a 1/2" iron rod in concrete found for a reference to said corner bears South 19'’59'19'’ East, 0.72 feet; THENCE North 89'’38'29" West, with the north line of said 52.2747 acre tract, same being common with the south line of said DGA Family tract and this tract, a distance of 223 1.25 feet to the POINT OF BEGINNING and containing 161.6140 acres or 7,039,907 square feet of land, more or less. 017185.000001 \48254221 -3076.v 1