HomeMy WebLinkAbout24-1162RESOLUTION NO. 24- 1162
A RESOLUTION OF THE CITY OF DENTON DENYING MCCART ST, LLC’S PETITION
FOR REMOVAL OF PROPERTY FROM THE EXTRATERRITORLAL 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 May 21, 2024, McCart St, LLC (the “Petitioner”) submitted a petition for
the release of property from the extratenitorial 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 generally located north of Jackson Rd.
and east of FM156 in Krum, TX, 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.
The motion to approve this resolution was made by Br\ A-k BetA and
seconded by J„' Holt, J , the resolution was passed and approved by
the following vote b - L] :
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 :
Jill Jester, At Large Place 6:
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PASSED AND APPROVED thi, th, IB+'~ d,y of _,L ' 2024.
&UDSPETN
ATTEST:
LAUREN THODEN, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
gAS#BY:
Exhibit A
PETITION FOR RELEASE OF AREA
FROM THE EXIFLATERRrrORiAL JURISDICTION
THE STATE OF TEXAS §
§COUNFY OF DENrON
TO THE HONORABLE MAYOR AND crrY COUNCIL OF THE crrY OF DENTON.
TEXAS:
The undersigned (hereinafter called “Petitioner”), being an owner of a majority in value of
land(s) situated within the area hereinafter described, which reprwents a total value of more than
50% of the value of all such area as indicated by the tax rolls of the Denton Central Appraisal
District, acting pursuant to Section 42.102 of the Texas Local Government Code, as amended,
hueby rupectRrlly petitions the City of Denton, Texas (hereinafter called the “City”), for the
rmoval of the area described in Exhibit A and depicted in Exhibit A-1 herein (the “Property”)
from the extraterHtorial jurisdiction (the “ETP’) of the City.
In support of this Petition, Petitiona would respectfully show:
1.
Petitioner has authority, pursuant to Swtion 42.102(b), Texas Local Government Code, to
file this Petition as the owner(s) of the majority in value of an area of land in the City’s ETJ.
11.
This Petition is signed by a majority in value of the holders of title of land in the area
described by this Petition, as indicated by the tax rolls of the Dmton Central Appraisal District
and evidenced by an afRdavit attached as Exhibit B,
111.
This Petition has satisfied the signature requiremarts described by Sections 42.103 and
42.104(a), Texas Local Government Code, and Chapter 277, Election Code, not later than the 18081
day after the date the first signature for the Petition is obtained.
rv.
The signature(s) collected for this Petition is in writing, pursuant to Section 42.104(c),
Texas Local Governmalt Code.
V.
The Property is located in Denton County, Texas, and totals approximately 47.116 acres,
as described in Exhibit A, all of which is located within the extraterdtodal judsdiction of the qI
and, to the best of the Petitioner’s knowledge, is not subjwt to any of the exceptions Bum
applicability described in Section 42.101, Texas Local Governmart Code.
VI.
This Petition shall be verified by the City Swretary of the City or other person at the City
responsible for verifying signatures.
VII.
The City must notify the residarts and landowners of the Property of the rwults of the
Petition, which notification requirement may be satisaed by notifying the Petitioner in writing.
val.
Because this Petition contains the number ofsignaturu required by Section 42.104, Texas
Local Government Code, to release the Property from the City’s m, the City shall immediately
release the Property from its ETJ, pursuant to Swtion 42.105(c), Texas Local Governmmt Code.
Should the City fail to take action to release the Property by the later of (i) 45 days aBer the date
the City receives this Petition or (ii) the next meeting of the City’s governing body that occurs
aau the 30th day after the date the City’s receives this Petition, the Property shall be released aom
the ETJ by operation of law, pursuant to Section 42.105(d), Texas Local Government Code.
WHEREFORE, PREMISES CONSIDERED, Petitionuprays that: (a) this Petition be filed
with the City Secretary of the City of Denton, Texas, and that, thereafter, the Property be removed
from the ETJ of the City, in the manner provided by law, including Sections 42.102-105, Texas
Local Govemment Code, as amended; (b) that this Petition be granted, and that it and the City’s
action thereon be filed of record and be rworded in the once of the City Secretary of Denton,
Texas; and (c) that Petitioner have such other order and relief to which they may show itself
entitled
[Remainder of Page 1ntentionally Blank]
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PETITIONER
MCCART ST, LLC,
a Delaware limited liability company
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company, on behalf of said company.
was acknowledged before me on this day,of St, LLC, a
2024
tability
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Notary PubliC, State of Tom+
Comm. ExpIres IC>262026
NotBq ID 131329775
EXHIBIT “A”
LEGAL DESCRIPTION OF AREA TO BE REMOVED FROM THE
EXrRATERRiTORiAL JURISDICTION
IPlease Soe Attached]
LEGAL DESCRIPTION
ALL TTIAT CERTAIN TRAm OR PARCEL OF LAND LYnqG AND BENG SrrUATED IN
THE WLLIAM STONEHAM SURVEY, ABSTRACT 1145, DwroN COUNTY, TEXAS
AND BEING PART OF A CALLED 298.204 ACRE TRAm, DESCRIBED N A DEED TO
MCCART ST. LLC, RECORDED UNDER COUVIY CLERK'S R{STRUMBNT NUMBER
2018-5215, REAL PROPERTY RECORDS, DENrON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCREBED AS FOLLOWS:
BEGn{NRqG AT A FOUND 1/2 NCH RON PUg WITH A YELLOW PLASTIC CAP
STAMPED "METROPLEX IO023300", AT THE souri{BRNMOST SOUTHEAST CORNER
OF SAID 298.204 ACRE TRACT AND THE NORTHEAST CORNER OF A CALLED
340.198 ACRE TRACr DESCRIBED nq A DEED TO DOUBLE R DEVCO. LLC.
RECORDED UNDER couNrY CLERK'S DOCUMmF NUMBER 2023-100095, OFFICIAL
PUBLIC RECORDS, DENrON COUNTY, TEXAS, SAID PIN ALSO BENG ON THE
SOUTH LWE OF JACKSON ROAD;
THENCE NORTH 89 DEGREES 44 MnfUIES 44 SECONDS WEST WITH A sourH LnqE
OF SAID 298.204 ACRE TRACT, A DISTANCE OF 662.91 FEET TO A SET PK NAIL AT
AN ANGLE PONT N THE SOUIH LnqE OF SAID 298.204 ACRE TRACT nq JACKSON
ROAD
THU{CE NORTH 34 DEGREES 49 MINUTES 44 SECONDS WEST WITH A sourHWEST
LngE OF SAm 298.204 ACRE TRAcr, A DISTANCE OF 70.20 FEET TO A PONT FOR
CORNER w HICKORY CREEK;
THENCE SOUtH 86 DEGREES 43 Mfr+uTES 16 SECONDS WEST wrrH A SOUIH LUgE
OF SAID 298.204 ACRE TRACT, A DISTANCE OF 260.50 FEET TO A PONT FOR
CORNER w HICKORY CREEK;
THENCE NORTH 46 DEGREES 26 MUgUIES 44 SECONDS WEST WITH A sotrrHWEST
LRqE OF SAID 298.204 ACRE TRAm, A DISTANCE OF 329.70 FEET TO A PONT FOR
CORNER nq HICKORY CREEK;
THENCE NORTH 13 DEGREES 16 MNUIES OI SECONDS WEST WITH A WEST LEgE
OF SAID 298.204 ACRE TRACT, A DISTANCE OF 439.30 FEET TO A SET 1/2 nqcH ERON
Pm wrrH A YELLOW PLASTIC CAP STAMPED "METROPLEX 10023300". Dq
HICKORY CREEK, ON A WEST LngE OF SAID 298.204 ACRE TRACr AND THE EAST
LEgE OF THE G C & SF RAILROAD RIGHT OF WAY;
THENCE NORTH 28 DEGREES 41 MnfLrIES 58 SECONDS EAST wrrH A WEST LRqE
OF SAD 298.204 ACRE TRACT AND THE EAST Ln(E OF SAID RALROAD RIGHT OF
WAY, A DISTANCE OF 33.23 FEET TO A SET 1/2 NCH RON Pm wmi A YELLOW
PLASTIC CAP STAMPED "METROPLEX 10023300" ON A WEST LB(E OF SAID 298.204
ACRE TRACT;
LEGAL DESCRIPtION - Page 1
THENCE SOUTH 61 DEGREES 18 MrNurES 02 SECONDS EAST, A DISTANCE OF 25.00
FEET TO A SET 1/2 INCH IRON PIN wmI A YELLOW PLASTIC CAP STAMPED
"METROPLEX IO023300" AT AN DINER ELL CORNER OF SAID 298.204 ACRE TRACT;
THENCE NORTH 28 DEGREES 41 MrNurES 58 SECONDS EAST WIFH A WEST LnqE
OF SAID 298.204 ACRE TRACT AND THE EAST LINE OF SAID RAILROAD RIGHT OF
WAY A DISTANCE OF 191.10 FEET TO A FOUND 1/2 nqcH RON Pm wrrH A
YELLOW PLASTIC CAP STAMPED "METROPLEX IO023300" ON A WEST LnIE OF
S AED 298.204 ACRE TRACT AND BEING THE BEGRqNING OF A CURVE TO THE LEFr;
THENCE wrrH A WEST LEgE OF S AED 298.204 ACRE TRACT AND THE EAST LnqE OF
SAID RAELROAD RIGHT OF WAY, ALONG SAID CURVE TO THE LEFT. HAVUqG A
CENrRAL ANGLE OF 18 DEGREES 25 MrNurES 01 SECONDS, A RADIUS OF 2009.86
FEET, AN ARC LENGTH OF 646.04 FEET, AND A CHORD BEARRqG NORTH 19
DEGREES 29 MiNUTES 27 SECONDS EAST, A DISTANCE OF 643.27 FEET TO A
FOUND la NCH RON PDq wrrH A YELLOW PLASTIC CAP STAMPED "METROPLEX
IO023300" AT AN RfNER ELL CORNER OF SAUD 298.204 ACRE TRAm;
THENCE NORTH 79 DEGREES 43 MVUIES 03 SECONDS WEST, WITH A WEST LEgE
OF SAID 298.204 ACRE TRACT AND THE EAST LnJE OF SAID RA[LROAD RIGIfr OF
WAY. A DISTANCE OF 25.00 FEET TO A FOUND 1/2 NCH IRON Pm wrrH A YELLOW
PLASTIC CAP STAMPED "METROPLEX 10023300" ON A WEST LINE OF SAID 298.204
ACRE TRACr AND THE EAST LUgE OF SAD RAILROAD RIGHT OF WAY;
THENCE NORTH 10 DEGREES 16 MR+UIES 57 SECONDS EAST, wrrH A WEST LINE
OF SAD 298.204 ACRE TRACT AND THE EAST LnqE OF SAID RAILROAD RIGHT OF
WAY, A DISTANCE OF 384.61 FEET TO A FOUND 1/2 NCH RON Pm wrrH A
YELLOW PLASTIC CAP STAMPED '’lO023300" ON THE EAST RIGHT OF WAY OF SAnD
RAW, ROAD;
THENCE SOUIH 89 DEGREES 44 MnfUTES 59 SECONDS EAST, A DISTANCE OF
935.31 FEET TO A FOUND X-TE FENCE POST AT AN E+NER ELL CORNER OF SAID
298.204 ACRE TRACT AND THE NORTHWEST CORNER OF A TRACT DESCRIBED Dq
A DEED TO RUSSELL MARK SELLS. ET UX. RECORDED UNDER COUNTY CLERK'S
INSTRUMENT NUMBER 93-RO030700. REAL PROPERTY RECORDS, DENTON
COUNIY, TEXAS;
THENCE SOUIH OO DEGREES 38 MfNurES 15 SECONDS WEST wmI THE EAST LngE
OF SAD 298.204 ACRE TRACT AND THE WEST LUgE OF SAID SELLS TRAm, A
DISTANCE OF 1731.62 FEET TO A FOUND 1/2 nqcH IRON Pm wmI A YELLOW
PLASTIC CAP STAMPED "METROPLEX 10023300", ON THE EAST LINE OF SAD
298.204 ACRE TRACT AND THE sourHWEST CORNER OF SAD SELLS TRACr ON
THE NORTH LnqE OF JACKSON ROAD;
THENCE SOUIH OO DEGREES 38 MnqLrrES 16 SECONDS WEST wmi THE EAST LnqE
OF SAID 298.204 ACRE TRAm. A DISTANCE OF 138.90 FEET TO THE Ponfr OF
BEGINNRqG AND CONFADqING Hq ALL 47. 116 ACRES OF LAND.
LEGAL DESCRiPrioN – Page 2
NOTES:
THIS SURVEY WAS MADE wrrHOur THE BnqEFrr OF A TrrLE CONn4rrMENT
THERE MAY BE SETBACKS OR EASEMBNTS AFFECTRqG THE SUBJECT PROPERTY
NOT SHOWN HEREON.
BEARDqGS ARE BASED ON GPS OBSERVATIONS usnIG TEXAS STATE PLANE
COORDEqATE SYSTEM, NAD 83 NORTH CENTRAL TBXAS ZONE.
ALL UFnrrY LNES, RqCLUDUgG GAS AND/OR PETROLEUM LRqES, SHOWN ARE
APPRO)aMATE LOCATIONS AND BASED ON VISUAL SURFACE EVIDENCE. SHOWN
GRAPHIC LnqES DO NOT DEFINE THE LOCATION.
BY GRAPHIC PLOTrUqG ONLY, PORTIONS OF THIS PROPERTY ARE wrrHnq
"FLOODWAY AREAS N ZONE AE", AREAS DETERMrNED TO BE nqSEDE OF A
DESIGNATED 100 YEAR OR 500 YEAR FLOOD PLAN, ZONE "AE", AREAS
DETERMINED TO BE nqsDE OF A DESIGNATED 100 YEAR OR 500 YEAR FLOOD
PLAN AND ZONE "X", AREAS DETERMINED TO BE otrrsDDE OF A DESIGNATED
100 YEAR OR 500 YEAR FLOOD PLAIN AS SHOWN BY FRM MAP COMMUNITY-
PANEL NUMBER 48121C0355G, DATED APRIL 18, 2011. NO SURVEYING WAS
PERFORMED TO DETERMINE THIS FLOOD ZONE.
LEGAL DESCRiyrioN – Page 3
486+6650-4890v.1 68531-1
EXHIBIT “A-1 ”
DEPICTION OF AREA TO BE REMOVED FROM THE EXTRATERRITOR IAI 1
JURISDICTION
[Please See Attached]
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47.118 ACRES
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47.1 16 ACRES IN THEIWM. STQH8§3$[S.URVEY
ABSIRACT Ibn ll 43. crrY OF KRLBA
DWrON couNrY, TD(A&
BOUNDARY SURVEY
EXEHBIT “B”
AFFIDAVIT OF OWNERSHIP OF AREA TO BE REMOVED FROM THE
EXTRATERRITORIAI# JURISDI(TION
IPlease See Attached]
AFFIDAVIT OF OWNERSHIP
DENTON CENTRAL APPRAISAL DISTRICT e
COUNTY OF DENTON 9
1, \bd hA$TIN , Director of Mapping of the Denton Central Appraisal
District of Denton County, Texas, hereby certify that on April 30, 2024, ownership of the
tracts of land attached hereto as Exhibit “A” was as follows:
MCCART ST, LLC
,or of Ma
THE STATE OF TEXAS §
§COUNTY OF DENTON
This instrument was acknowledged before me on the Job' day of Ar, \ , 2024, by
h„ }&r +,„ , Dire,to, ,f Mapping of the Denton Central AMsal DistricJ -–
Notary Public in ando
EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN
THE WILLIAM STONEHAM SURVEY, ABSTRACT 1 145. DENTON COUNTY, TEXAS
AND BEING PART OF A CALLED 298.204 ACRE TRACT. DESCRIBED IN A DEED TO
MCCART ST. LLC. RECORDED UNDER COUNTY CLERK'S INSTRUMENT NUMBER
2018.5215. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP
STAMPED "METROPLEX IO023300", AT THE SOUTHERNMOST SOUTHEAST CORNER
OF SAID 298.204 ACRE TRACT AND THE NORTHEAST CORNER OF A CALLED
340.198 ACRE TRACT DESCRIBED IN A DEED TO DOUBLE R DEVCO, LLC.
RECORDED UNDER COUNTY CLERK'S DOCUMENT NUMBER 2023-100095, OFFICIAL
PUBLIC RECORDS, DENTON COUNTY, TEXAS. SAID PIN ALSO BEING ON THE
SOUTH LINE OF JACKSON ROAD;
THENCE NORTH 89 DEGREES 44 MINUTES 44 SECONDS WEST WITH A SOUTH LINE
OF SAID 298.204 ACRE TRACT, A DISTANCE OF 662.91 FEET TO A SET PK NAIL AT
AN ANGLE POINT IN THE SOUTH LINE OF SAID 298.204 ACRE TRACT IN JACKSON
ROAD
THENCE NORTH 34 DEGREES 49 MINUTES 44 SECONDS WEST WITH A SOUTHWEST
LINE OF SAID 298.204 ACRE TRACT. A DISTANCE OF 70.20 FEET TO A POINT FOR
CORNER, IN HICKORY CREEK;
THENCE SOUTH 86 DEGREES 43 MrNUTES 16 SECONDS WEST WITH A SOUTH LINE
OF SAID 298.204 ACRE TRACT, A DISTANCE OF 260.50 FEET TO A POINT FOR
CORNER, IN HICKORY CREEK;
THENCE NORTH 46 DEGREES 26 MrNUTES 44 SECONDS WEST WITH A SOUTHWEST
LINE OF SAID 298.204 ACRE TRACT, A DISTANCE OF 329.70 FEET TO A POINT FOR
CORNER, IN HICKORY CREEK;
THENCE NORTH 13 DEGREES 16 MINUTES 01 SECONDS WEST WITH A WEST LINE
OF SAID 298.204 ACRE TRACT, A DISTANCE OF 439.30 FEET TO A SET 1/2 INCH IRON
PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX IO023300", IN
HICKORY CREEK, ON A WEST LINE OF SAID 298.204 ACRE TRACT AND THE EAST
LINE OF THE G C & SF RAILROAD RIGHT OF WAY;
THENCE NORTH 28 DEGREES 41 MINUTES 58 SECONDS EAST WITH A WEST LINE
OF SAID 298.204 ACRE TRACT AND THE EAST LINE OF SAID RAILROAD RIGHT OF
WAY. A DISTANCE OF 33.23 FEET TO A SET 1/2 INCH IRON PIN WITH A YELLOW
PLASTIC CAP STAMPED "METROPLEX IO023300'’ ON A WEST LINE OF SAID 298.204
ACRE TRACT;
THENCE SOUTH 61 DEGREES 18 MINUTES 02 SECONDS EAST, A DISTANCE OF 25.00
FEET TO A SET 1/2 INCH IRON PIN WiTH A YELLOW PLASTIC CAP STAMPED
"METROPLEX 10023300" AT AN INNER ELL CORNER OF SAID 298.204 ACRE TRACT;
THENCE NORTH 28 DEGREES 41 MINUTES 58 SECONDS EAST WITH A WEST LINE
OF SAID 298.204 ACRE TRACT AND THE EAST LINE OF SAID RAiLROAD RiGHT OF
WAY A DISTANCE OF 191.10 FEET TO A FOUND 1/2 INCH IRON PIN WITH A
YELLOW PLASTIC CAP STAMPED 'METROPLEX 10023300" ON A WEST LINE OF
SAID 298.204 ACRE TRACT AND BErNG THE BEGINNING OF A CURVE TO THE LErr;
THENCE WITH A WEST LINE OF SAID 298.204 ACRE TRACT AND THE EAST LINE OF
SAID RAILROAD RIGHT OF WAY, ALONG SAID CURVE TO THE LEFT, HAVING A
CENTRAL ANGLE OF 18 DEGREES 25 MINUTES 01 SECONDS, A RADIUS OF 2009.86
FEET, AN ARC LENGTH OF 646.04 FEET, AND A CHORD BEARING NORTH 19
DEGREES 29 MINUTES 27 SECONDS EAST, A DISTANCE OF 643.27 FEET TO A
FOUND 1/2 rNCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX
10023300" AT AN INNER ELL CORNER OF SAID 298.204 ACRE TRACT;
THENCE NORTH 79 DEGREES 43 MINUTES 03 SECONDS WEST, WITH A WEST LINE
OF SAID 298.204 ACRE TRACT AND THE EAST LINE OF SAID RAILROAD RIGHT OF
WAY. A DISTANCE OF 25.00 FEET TO A FOUND 1/2 INCH IRON PIN WITH A YELLOW
PLASTIC CAP STAMPED ’'METROPLEX IO023300" ON A WEST LrNE OF SAID 298.204
ACRE TRACT AND THE EAST LINE OF SAID RAILROAD RIGHT OF WAY;
THENCE NORTH 10 DEGREES 16 MINUTES 57 SECONDS EAST, WITH A WEST LINE
OF SAID 298.204 ACRE TRACT AND THE EAST LINE OF SAID RAILROAD RIGHT OF
WAY, A DISTANCE OF 384.61 FEET TO A FOUND 1/2 INCH IRON PIN WITH A
YELLOW PLASTIC CAP STAMPED " 1 0023300" ON THE EAST RIGHT OF WAY OF SAID
RAIL ROAD;
THENCE SOUTH 89 DEGREES 44 MINUTES 59 SECONDS EAST, A DISTANCE OF
935.3 1 FEET TO A FOUND X-TIE FENCE POST AT AN INNER ELL CORNER OF SAID
298.204 ACRE TRACT AND THE NORTHWEST CORNER OF A TRACT DESCRIBED IN
A DEED TO RUSSELL MARK SELLS, ET UX, RECORDED UNDER COUNTY CLERK’S
INSTRUMENT NUMBER 93-RO030700, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 38 MINUTES 15 SECONDS WEST WITH THE EAST LINE
OF SAID 298.204 ACRE TRACT AND THE WEST LINE OF SAID SELLS TRACT, A
DISTANCE OF 1731.62 FEET TO A FOUND 1/2 INCH IRON PIN WITH A YELLOW
PLASTIC CAP STAMPED "METROPLEX 10023300", ON THE EAST LINE OF SAiD
298.204 ACRE TRACT AND THE SOUTHWEST CORNER OF SAID SELLS TRACT ON
THE NORTH LINE OF JACKSON ROAD;
THENCE SOUTH 00 DEGREES 38 MINUTES 16 SECONDS WEST WITH THE EAST LINE
OF SAID 298.204 ACRE TRACT, A DISTANCE OF 138.90 FEET TO THE POINT OF
BEGINNING AND CONTAINING IN ALL 47.1 16 ACRES OF LAND.
NOTES:
THiS SURVEY WAS MADE WITHOUT THE BENEFIT OF A TITLE COMMITMENT
THERE MAY BE srrBACKS OR BASEMENTS AFFECTING THE SUBJECT PROPERTY
NOT SHOWN HEREON.
BEARINGS ARE BASED ON GPS OBSERVATIONS usrNG TEXAS STATE PLANE
COORDINATE SYSTEM, N AD 83 NORTH CENTRAL TEXAS ZONE.
ALL UTILITY LINES, INCLUDING GAS AND/OR PETROLEUM LiNES, SHOWN ARE
APPROXIMATE LOCATIONS AND BASED ON VISUAL SURFACE EVIDENCE. SHOWN
GRAPHIC LINES DO NOT DEFINE THE LOCATION.
BY GRAPHIC PLOTriNG ONLY, PORTIONS OF THIS PROPERTY ARE WITHIN
"FLOODWAY AREAS IN ZONE AE", AREAS DETERMINED TO BE INSIDE OF A
DESIGNATED 100 YEAR OR 500 YEAR FLOOD PLAIN, ZONE "AE", AREAS
DETERMINED TO BE INSIDE OF A DESIGNATED 100 YEAR OR 500 YEAR FLOOD
PLAIN AND ZONE "X", AREAS DETERMINED TO BE OUTSIDE OF A DESIGNATED
100 YEAR OR 500 YEAR FLOOD PLAIN AS SHOWN BY FIRM MAP COMMUNITY-
PANEL NUMBER 48121C0355G, DATED APRIL 18, 201 1. NO SURVEYING WAS
PERFORMED TO DETERMINE THIS FLOOD ZONE.
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