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HomeMy WebLinkAbout23-2356RESOLUTION NO. 23-2356 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DENYING 2020 LONG TAIL TRAIL INVESTMENTS, LLC’S PETITION FOR REMOVAL OF PROPERTY FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND DENYING THE CITY’S CONSENT TO THE REDUCTION OF THE CITY’S EXTRATERRITORIAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 8, 2023, 2020 Long Tail Trail Investments, LLC (the “Petitioner”) submitted a petition for the release of property from the extratemitorial jurisdiction of the City of Denton (the “ETJ”), a copy of which is attached hereto as Exhibit A (the “Petition”); and WHEREAS, the property sought to be released is located at 2020 Long Tail Trail, Argyle, Texas and described by metes and bounds in Exhibit A (the “Property”); and WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code, the ETJ of the City may only be reduced if the City Council has exercised its legislative authority to consent to the reduction of the City’s ETJ; and WHEREAS, pursuant to Article II, Section 1 of the Texas Constitution, landowners may not be delegated the legislative authority to remove their property from the City’s ETJ without the consent of the City Council; and WHEREAS, Subchapter D of the Texas Local Government Code Chapter 42 is an unconstitutional delegation of legislative authority and conflicts with the City’s grant of legislative discretion under Local Government Code section 42.023; and WHEREAS, the City Council finds that it is in the best interest of the City to deny its consent to the Petition, the removal of the Property from the City’s ETJ, and to the reduction in size of the City’s ETJ; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES : SECTION 1. The above recitals are adopted as findings of the City Council. SECTION 2. The Petition for release of the Property from the City’s ETJ is hereby denied. SECTION 3. The City denies consent to the removal of the Property from the City’s ETJ and the reduction in size of the City’s ETJ. SECTION 4. This resolution shall become effective immediately upon its passage and approval. Th, m,ti,„ t, ,PW,„, thi, rS„I„ti,n was made by Gcro_ J k.Jiec.4 \ ,nd seconded by Bn_L_ ' b,x he Gxc , the resammMipTiad by the following Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: / ,/ J ,Z IZ ,/ / PASSED AND APPROVED this the I LIb day of OcL€r.„\b<(. 2023 @aRAR$ISh ATTEST: JESUS SALAZAR, CITY SECRETARY 1\111111// APPROVED AS TO LEGAL FORM: MACK REINWAND. CITY ATTORNEY Scott Braygx3WF_ 2023.12.04 BY. Cal 21 :50:29 -06'OO' Exhibit A LEHOTSKY KELLER COHN LLP Todd Disher Partner 408 W. 11th Street, 5th Floor Austin, TX 78701 September 8, 2023 Jesus Salazar City Secretary 215 E. McKinney St. Denton, TX 76201 RE: Petition for release from the extraterritorial jurisdiction of the City of Denton, Texas Mr. Salazar: Please find enclosed 2020 Long Trail Investments, LLC’s petition for release from the extraterritorial jurisdiction of the City of Denton, Texas. Should you have any questions, you may reach me at todd@lkcfirm.com or 512-840-9370. Regards, Todd Disher STATE OF TEXAS S S SCOUNTY OF DENTON PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS To the Mayor and City Council of the city of Denton, Texas, Pursuant to Texas Local Government Code $ 42.102(b), the undersigned owner of 100% of the land shown in Exhibit "A“ (hereinafter, the "Land“), which is attached and incorporated herein for all purposes, does hereby petition for the release of the Land from the extraterritorial jurisdiction of the city of Denton, Texas. The Land does not lie within five miles of the boundary of a military base, where an active training program is conducted. See $ 42.101(1). It does not lie in an area voluntarily annexed into an extraterritorial jurisdiction of a county which grew more than fifty percent from the previous federal decennial census and with a population that exceeds 240,000. See $ 42.101(2). It is not located within the extraterritorial jurisdiction of a municipality with a population exceeding 1,400,000 that is within fifteen miles of the boundary of a military base with an active training program and within a county in which the population exceeds 2,000,000. See $ 42.101 (3). Nor does it lie in an industrial district, see $ 42.101(4), or in an area subject to a strategic partnership agreement, see S 42.101(5), such as would otherwise preclude this petition. Signed: (Si@£ture) Date: q- 7 -20Z3 2020 Long Tail Trail Investments, LLC a Nevada limited liability company By: James Hiles Manager & President (Print Name) Date of birth: Feb. 14, 1991 Residence: 2020 Long Tail Trail Investments, LLC 680 W. Nye Lane, Suite 201-Z150 Carson City, Nevada 89703 James G. Hiles (For Identification Purposes) 1028 Glen Chester Dr. Flower Mound, TX 75022 Map of Land to be released: attached as Exhibit A Property description by meets and bounds: attached as Exhibit B This instrument was sworn to, signed, and acknowledged before me by c) ArMS G. I+1 IIS ,„ thi, ltd,y ,f SAp+z w&z , 2023. Nia(ELLE BENSON My Nan ID # 128409768 Win NwBItbH 18. 2025 Notary Public, State >zS-My commission expi Exhibit A Map of Land petitioned for release from extraterritorial jurisdiction of the city of Denton, TX i rg --B 1 8 } 1=! i g d i ii:; I 1.BBI FrI ggl: g!!!\hq ! ! ! ! ! ; ! It!! i tO 1% \b \) ! ! ! ! EEgi ITgit HE!!, i E13MHEmnJ TWH+rs BY oo9BqL;} DAYS ISrI &g13wB-lan TEI aIS r&R/01/B Halwd Z Ja3HS aas – 3NII HDJVyV n ! ; J ! ; i Eg \ V I1=} I=i q kh :a I gI B ] b ! ! ! ! ! ! ! ! !! \\\ I: \ \ g g g ! ! d g g \ \ \ 1% <! t \ \ \ gig? g!!! a rzab£oa8 aind J I 8 J3aHS aas aNll HOIY PV gg!! i!!!! !t q b tO g ;!!!i :gb, i!!!!!, iii ;! ! ! 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FIhBV :i~~ ; ! ! uaeQrz-tHe ain ru uu ww i+8 mys n ne £arduJq WAyS ISII usx3wrs-un vu us can/ot/e xnr+liu I Exhibit B Property Description of Land petitioned for release from extraterritorial jurisdiction of the city of Denton, TX BEING A TRACT OF LAND LOCATED IN THE ALEXANDER E. CANNON SURVEY, ABSTRACT NO. 232, DENTON COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO 2020 LONG TAIL TRAIL INVESTMENTS, LLC. RECORDED IN DOCUMENT NUMBER 2022-131152, OFFICIAL RECORDS, DENTON COUNTY, TEXAS (0.R.D.C.T.), (LONG TAIL TRAIL TRACT 1 ), AND A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO 2020 LONG TAIL TRAIL INVESTMENTS, LLC, RECORDED IN DOCUMENT NUMBER 2022-131154, 0.R.D.C.T.. (LONG TAIL TRAIL TRACT 2), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A UNITED STATES ARMY CORPS OF ENGINEERS (U.S.A.C.0.E.) CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED "F-552-3" IN THE SOUTH LINE OF A TRACT OF LAND DESCRIBED AS "TRACT NO. F-552" IN DEEDS TO THE UNITED STATES OF AMERICA (USA) RECORDED IN VOLUME 380, PAGE 568 AND VOLUME 467, PAGE 449, DEED RECORDS, DENTON COUNTY, TEXAS (D.R.D.C.T.), AND THE EAST LINE OF A TRACT OF LAND DESCRIBED AS TRACT 2 IN A DEED TO THE SELWYN SCHOOL, RECORDED IN DOCUMENT NUMBER 2017-159228, 0.R.D.C.T., SAID U.S.A.C.0.E. MONUMENT BEING THE NORTHWEST CORNER OF SAID LONG TAIL TRAIL TRACT 1, FROM WHICH A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED "F-552-2" BEARS N 03'57'41"W, 241.93 FEET, SAID U.S.A.C.0.E MONUMENT BEING THE NORTHEAST CORNER OF SAID SELWYN SCHOOL TRACT 2; THENCE DEPARTING THE EAST LINE OF SAID SELWYN SCHOOL TRACT 2, ALONG THE SOUTH LINE OF SAID USA TRACT NO. F-552 AND THE NORTH LINE OF SAID LONG TAIL TRAIL TRACT 1 AS FOLLOWS: 1 ) S 73'24'28'’ E, A DISTANCE OF 644.85 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND IN A TREE; 2) S 07'28’36" W, A DISTANCE OF 231.95 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED "F-552-5" (LAID OVER); 3) S 20'26'51" E, A DISTANCE OF 135.59 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED "F-552-6"; 4) N 68'30'28" E, A DISTANCE OF 366.99 FEET TO A BROKEN U.S.A.C.0.E. CONCRETE MONUMENT FOUND; 5) S 73'15'05'’ E, A DISTANCE OF 631.79 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED "F-552-8"; 6) S 30'Of'Of" E, A DISTANCE OF 242.14 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED "F-552-9"; 7) S 80'26'36" E, AT A DISTANCE OF 30.15 FEET PASSING A 1/2- IRON ROD FOUND, SAID IRON ROD BEING THE NORTHEAST CORNER OF SAID LONG TAIL TRAIL TRACT 1 AND THE NORTHWEST CORNER OF SAID LONG TAIL TRAIL TRACT 2, CONTINUING ALONG THE NORTH LINE OF SAID LONG TAIL TRAIL TRACT 2 AND THE SOUTH LINE OF SAID USA TRACT NO. F-552, IN ALL A TOTAL DISTANCE OF 276.32 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED "F-552- 10 8) S 53'56'23" E, A DISTANCE OF 239.29 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED "F-552-11"; 9) N 57'58'52" E, A DISTANCE OF 154.96 FEET TO 1/2" IRON ROD SET WITH A CAP STAMPED '’WIER & ASSOC INC", FROM WHICH A 1/2" IRON ROD FOUND BEARS N 15'23' E, 5.9 FEET; 10) S 42'20'57" E, A DISTANCE OF 136.72 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED ’'F-552-13"; 11) S 49'31'52- W, A DISTANCE OF 301.36 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED "F-552-14"; 12) S 57'58'14" E, A DISTANCE OF 123.28 FEET TO A 1/2" IRON ROD FOUND; 13) N 88'26'43" E, A DISTANCE OF 156.67 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED "F-552-1 6"; 14) N 40'45'07“ E, A DISTANCE OF 100.71 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED "F-552-1 7"; 15) N 56'17'07" E, A DISTANCE OF 99.60 FEET TO A 1/2- IRON ROD FOUND; 16) N 76'22'07" E, A DISTANCE OF 191.20 FEET TO A 1/2- IRON ROD SET WITH A CAP STAMPED ''WIER & ASSOC INC"; 17) S 55'44'OO- E, A DISTANCE OF 478.38 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DISC STAMPED '’F-552-20"; 18) N 79'02'56" E, A DISTANCE OF 130.86 FEET TO A U.S.A.C.0.E. CONCRETE MONUMENT FOUND WITH A BRASS DiSC STAMPED "F-552-21 F-538-7", BEING THE NORTHEAST CORNER OF SAID LONG TAIL TRAIL TRACT 2. THE SOUTHEAST CORNER OF SAID USA TRACT NO. F-552 AND BEING IN THE WEST LINE OF A TRACT OF LAND DESCRIBED AS "TRACT NO. F-538" IN DEEDS TO THE USA, RECORDED IN VOLUME 392, PAGE 133 AND VOLUME 407, PAGE 243, D.R.D.C.T.; THENCE S OO'39'47" E, ALONG THE EAST LINE OF SAID LONG TAIL TRAIL TRACT 2, AND THE WEST LINE OF SAID USA TRACT NO. F-538, A DISTANCE OF 989.98 FEET TO A 1/2" IRON ROD FOUND, SAID IRON ROD BEING THE SOUTHEAST CORNER OF SAID LONG TAIL TRAIL TRACT 2 AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO ROBERT M. COLLINS AND VICKI S. COLLINS, RECORDED IN VOLUME 3251, PAGE 23, D.R.D.C.T.; ~ THENCE S 89'03'57'’ W, DEPARTING THE WEST LINE OF SAID USA TRACT NO. F-538, ALONG THE SOUTH LINE OF SAID LONG TAIL TRAIL TRACT 2 AND THE NORTH LINE OF SAID COLLINS TRACT. AT A DISTANCE OF 1242.07 FEET PASSINGAI/2" IRON ROD FOUND, SAID IRON ROD BEING THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO DIANE V. JONES, RECORDED IN DOCUMENT NUMBER 2003- 47100. 0.R.D.C.T., AND THE NORTHWEST CORNER LOT 1 R, BLOCK A, DONOGHUE ESTATES, AN ADDITION TO THE TOWN OF COPPER CANYON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN DOCUMENT NUMBER 2019-396, PLAT RECORDS, DENTON COUNTY, TEXAS (P.R.D.C.T.), CONTINUING IN ALL A TOTAL DISTANCE OF 1380.01 FEET TO A 1/2- IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC", BEING THE NORTHWEST CORNER OF SAID JONES TRACT, FROM WHICH A 1/2" IRON ROD FOUND BEARS N 37'20' W, 1.0 FEET; THENCE S OO'27'44" E, ALONG THE WEST LINE OF LINE OF SAID JONES TRACT, A DISTANCE OF 24.75 FEET TO A 1/2- IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC", SAID IRON ROD BEING THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO AM RESIDENTIAL HOLDINGS LIMITED PARTNERSHIP, RECORDED IN DOCUMENT NUMBER 2023-7790, 0.R.D.C.T., FROM WHICH A 1/2" IRON ROD FOUND BEARS S OO'27'44'’ E, 10.00 FEET, SAID IRON ROD BEING THE SOUTHEAST CORNER OF SAID AM RESIDENTIAL TRACT; THENCE DEPARTING THE WEST LINE OF SAID JONES TRACT, ALONG THE NORTH LINE OF SAID AM RESIDENTIAL TRACT AS FOLLOWS: 1 ) S 89'03'57" W, A DISTANCE OF 493.24 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; 2) S 89'02'22" W, A DISTANCE OF 517.35 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; 3) N 89'05'45" W, A DISTANCE OF 838.74 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC- IN THE EAST RIGHT-OF-WAY LINE OF COPPER CANYON ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) AND THE WEST LINE OF SAID LONG TAIL TRAIL TRACT 1, BEING THE NORTHWEST CORNER OF SAID AM RESIDENTIAL TRACT AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT: THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF SAID COPPER CANYON ROAD AND THE WEST LINE OF SAID LONG TAIL TRAIL TRACT 1 AS FOLLOWS: 1 ) NORTHWESTERLY, AN ARC LENGTH OF 47.50 FEET ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 770.00 FEET, A DELTA ANGLE OF 03'32'04", AND A CHORD BEARING OF N 15'32'41" W, 47.49 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; 2) N 13'46'39" W, A DISTANCE OF 202.86 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED '’WIER & ASSOC INC-, BEING THE BEGINNING OF A CURVE TO THE RIGHT 3) NORTHERLY, AT AN ARC LENGTH OF 16.43 FEET PASSING A 5/8" IRON ROD FOUND WITH A CAP AND CONTINUING IN ALL A TOTAL ARC LENGTH OF 165.31 FEET ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 770.00 FEET, A DELTA ANGLE OF 12'18'03", AND A CHORD BEARING OF N 07'37'37" W. 164.99 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED ’'WIER & ASSOC INC"; 4) N Of'28'36" W, A DISTANCE OF 92.27 FEET TO A 5/8" IRON ROD FOUND WITH A CAP STAMPED "TNP": 5) N 19'31'31 " E, A DISTANCE OF 46.63 FEET TO A 5/8" IRON ROD FOUND WITH A CAP STAMPED "TNP", BEING THE BEGINNING OF A CURVE TO THE RIGHT; 6) NORTHEASTERLY, AN ARC LENGTH OF 89.13 FEET ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 790.00 FEET, A DELTA ANGLE OF 06'27'51'’, AND A CHORD BEARING OF N 22'45'27- E, 89.08 FEET TO A 5/8" IRON ROD FOUND WITH A CAP STAMPED "TNP"; 7) N 25'59'23" E, A DISTANCE OF 26.25 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED ’'WIER & ASSOC INC", BEING THE SOUTHWEST CORNER OF THE SELWYN UNICORN CAMPUS ADDITION, AN ADDITION TO DENTON COUNTY, TEXAS. ACCORDING TO THE PLAT RECORDED IN DOCUMENT NUMBER 2018-252. P.R.D.C.T, THENCE DEPARTING THE EAST RIGHT-OF-WAY LINE OF SAID COPPER CANYON ROAD ALONG THE SOUTH, EAST, AND NORTH LINES OF SAID SELWYN UNICORN CAMPUS ADDITION AS FOLLOWS: 1 ) N 75'52'13" E, A DISTANCE OF 187.00 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; 2) N 09'56'02" W, A DISTANCE OF 101.43 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC", FROM WHICH A 1/2" IRON ROD FOUND (BENT) BEARS N 69'31' E, 2.2 FEET; 3) N 75'16'07" E, A DISTANCE OF 21.98 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; 4) N IO'lO'42" W, A DISTANCE OF 57.87 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED ’'WIER & ASSOC INC"; 5) N 17'44’00" E, A DISTANCE OF 39.47 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC", FROM WHICH A 1/2" IRON ROD FOUND WITH A CAP STAMPED "ARTHUR SURVEYING COMPANY" BEARS N 56'10' E, 2.4 FEET; 6) N 68'OO'41" E, A DISTANCE OF 42.78 FEET TO A 1/2- IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC", FROM WHICH A 1/2" IRON ROD FOUND WITH A CAP STAMPED "ARTHUR SURVEYING COMPANY" BEARS N 56'31’ E, 2.5 FEET; 7) N 07'31'1 O" W, A DISTANCE OF 108.43 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; 8) N 33'57'19" W, A DISTANCE OF 61.64 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC", FROM WHICH A 1/2" IRON ROD FOUND WITH A CAP STAMPED "ARTHUR SURVEYING COMPANY" BEARS N 48'30' E, 2.0 FEET; 9) N 21'32'47" W, A DISTANCE OF 117.59 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC", FROM WHICH A 1/2" IRON ROD FOUND WITH A CAP STAMPED "ARTHUR SURVEYING COMPANY" BEARS N 46'58' E, 1.5 FEET; 10) S 77'39'29" W, A DISTANCE OF 49.74 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; 11 ) N 27'OO'50'’ W, A DISTANCE OF 145.27 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED '’WIER & ASSOC INC"; 12) S 61'29'45" W, A DISTANCE OF 132.30 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; 13) N 30'18'53" W, A DISTANCE OF 12.81 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED '’WIER & ASSOC INC"; 14) N 28'11'51 " W, A DISTANCE OF 51 .97 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; 15) N 26'49’37" W, A DISTANCE OF 39.97 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; 16) N 28'07'41" W, A DISTANCE OF 19.16 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; 17) N 61'52'19" E, A DISTANCE OF 23.59 FEET TO A 1/2" IRON ROD FOUND; 18) N 09'54'39" W, A DISTANCE OF 130.39 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; 19) S 80'23'14" W, A DISTANCE OF 161.30 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED '’WIER & ASSOC INC" IN THE EAST RIGHT-OF-WAY LINE OF SAID COPPER CANYON ROAD. BEING THE NORTHWEST CORNER OF A RIGHT-OF-WAY DEDICATION AS SHOWN ON THE PLAT FOR SAID SELWYN UNICORN CAMPUS ADDITION ; THENCE N 11'32'49" W, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID COPPER CANYON ROAD AND THE WEST LINE OF SAID LONG TAIL TRAIL TRACT 1 , A DISTANCE OF 120.50 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED ’'WIER & ASSOC INC"; THENCE S 83'29'19" E, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID COPPER CANYON ROAD, A DISTANCE OF 27.62 FEET TO A POINT IN A BRICK WALL, BEING IN THE WEST LINE OF SAID SELWYN SCHOOL TRACT 2; THENCE S 09'29'24" E, DEPARTING THE EAST RIGHT-OF-WAY LINE OF SAID COPPER CANYON ROAD AND ALONG THE WEST LINE OF SAID SELWYN SCHOOL TRACT 2. A DISTANCE OF 12.97 FEET TO A POINT IN A BRICK WALL, BEING THE SOUTHWEST CORNER OF SAID SELWYN SCHOOL TRACT 2; THENCE ALONG THE SOUTH AND EAST LINES OF SAID SELWYN SCHOOL TRACT 2 AS FOLLOWS: 1 ) N 80'20'57'’ E, A DISTANCE OF 220.16 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "ARTHUR SURVEYING COMPANY’'; 2) N 24'08'42" E, A DISTANCE OF 221.66 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "ARTHUR SURVEYING COMPANY"; 3) N 03'57'27" W, A DISTANCE OF 573.67 FEET TO THE PLACE OF BEGINNING AND CONTAINING 121.914 ACRES (5,310,555 SQUARE FEET) OF LAND, MORE OR LESS. SAVE AND EXCEPT BEING A TRACT OF LAND LOCATED IN THE ALEXANDER E. CANNON SURVEY, ABSTRACT NUMBER 232. DENTON COUNTY, TEXAS, BEING A TRACT OF LAND DESCRIBED IN A DEED TO ANDY JOHNSON, RECORDED IN DOCUMENT NUMBER 2012- 7185, OFFICIAL RECORDS, DENTON COUNTY, TEXAS (0.R.D.C.T.); BEGINNING AT A 1/2" IRON ROD SET WITH A CAP STAMPED “WIER & ASSOC INC" IN THE WEST LINE OF SAID LONG TAIL TRAIL TRACT 2 AND THE EAST LINE OF SAID LONG TAIL TRAIL TRACT 1 . FROM WHICH A 1/2" IRON ROD FOUND BEARS N 11'08'49'’ E, 224.06 FEET. SAID IRON ROD BEING THE NORTHWEST CORNER OF SAID LONG TAIL TRAIL TRACT 2 AND THE NORTHEAST CORNER OF SAID LONG TAIL TRAIL TRACT 1 ; THENCE S 78'51'11" E, DEPARTING THE WEST LINE OF SAID LONG TAIL TRAIL TRACT 2 AND THE EAST LINE OF SAID LONG TAIL TRAIL TRACT 1 , A DISTANCE OF 150.00 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; THENCE S 33'16'06" E, A DISTANCE OF 312.02 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED '’WIER & ASSOC INC"; THENCE S 34'02'11" W, A DISTANCE OF 247.09 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC"; THENCE N 78'51'11" W, A DISTANCE OF 272.26 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED '’WIER & ASSOC INC" IN THE WEST LINE OF SAID LONG TAIL TRAIL TRACT 2 AND THE EAST LINE OF SAID LONG TAIL TRAIL TRACT 1 , FROM WHICH A 1/2" IRON ROD FOUND BEARS S 11'08'49" W, 900.67 FEET; THENCE N 11'08'49" E, ALONG IN THE WEST LINE OF SAID LONG TAIL TRAIL TRACT 2 AND THE EAST LINE OF SAID LONG TAIL TRAIL TRACT 1 , A DISTANCE OF 450.51 FEET TO THE PLACE OF BEGINNING AND CONTAINING 3.000 ACRES (130,679 SQUARE FEET) OF LAND, MORE OR LESS. CONTAINING A NET TOTAL ACREAGE OF 118.914 ACRES (5,179,876 SQUARE FEET) OF LAND. MORE OR LESS.