HomeMy WebLinkAboutAMPC24-0001cORDINANCE NO. AMPC24-000 1 c
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A REQUEST FOR A
MASTER PLANNED COMMUNITY MAJOR AMENDMENT TO AMEND A PORTION OF
THE COLE RANCH MASTER PLANNED COMMUNITY DEVELOPMENT PLAN MAP
FROM LIGHT INDUSTRIAL (LI) AND RESIDENTIAL 7 (M) BASE ZONING DISTRICTS
TO MIXED-USE NEIGHBORHOOD (MN), MIXED-USE REGIONAL (MR), RESIDENTIAL
4 (R4), AND RESIDENTIAL 6 (R6) BASE ZONING DISTRICTS. THE APPROXIMATELY
3,169.4 ACRE SITE IS GENERALLY LOCATED WEST OF 1-35W, SOUTH OF TOM COLE
ROAD. BOUNDED BY TOM COLE ROAD TO THE NORTH, BISECTED BY FM 2449 NEAR
THE CENTER OF THE PROPERTY, AND BOUNDED ON THE EASTERN SIDE BY JOHN
PAINE ROAD SOUTH OF FM 2449 AND UNDERWOOD ROAD NORTH OF FM 2449, IN
THE CITY OF DENTON. DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO
THE COLE RANCH MASTER PLANNED COMMUNITY DEVELOPMENT PLAN MAP;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (AMPC24-0001 c)
WHEREAS, LJA Engineering, on behalf of the property owner, The Cole Ranch
Company, L.P., requested a major Master Planned Community Amendment to amend portions of
the Cole Ranch Master Planned Community Development Plan Map from Light Industrial (LI)
and Residential 7 (R7) Base Zoning Districts to Mixed-Use Neighborhood (MN), Mixed-Use
Regional (MR), Residential 4 (R4), and Residential 6 (R6) Base Zoning Districts, legally described
in Exhibit “A”, and depicted in Exhibit ''B“ attached hereto and incorporated herein by reference
(hereinafter, the “Subject Property”); and
WHEREAS; The Cole Ranch Master Planned Community (MPC19-0001b) was adopted
via City Ordinance on April 7, 2020; and
WHEREAS, on January 29, 2025, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, have given the requisite notices by publication and otherwise,
and have held and afforded full and fair hearings to all property owners interested in this regard,
and have recommended approval [4-0] of the request; and
WHEREAS, on February 18, 2025, the City Council likewise conducted a public hearing
as required by law, and finds that the request meets and complies with all substantive and
procedural standards set forth in Section 2.7.3 of the Cole Ranch Master Planned Community
Ordinance, and is consistent with the Denton 2040 Comprehensive Plan and the Cole Ranch
Master Planned Community; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a Cole Ranch Master Planned Community Development
Plan Map amendment and related zoning district changes for the Property, have determined that
the proposed actions are in the best interest of the health, safety, morals, and general welfare of
the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and
finds that said Cole Ranch Master Planned Community Development Plan Map amendment and
related zoning district changes are in the public interest and should be granted as set forth herein;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The Cole Ranch Master Planned Community Development Plan Map and
Phasing Plan base zoning districts for the Property, originally adopted via ordinance MPC19-
0001b, is hereby amended to remove portions of Light Industrial (LI) and Residential 7 (R7) base
zoning districts and replacing with Mixed-Use Neighborhood (MN), Mixed-Use Regional (MR),
Residential 4 (R4), and Residential 6 (R6) base zoning districts as depicted in Exhibits “C” and
'D“
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 5. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton
Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage.
The motion to approve this ordinance was made by Brandon Chase McGee and seconded
by Jill Jester, the ordinance was passed and approved by the following vote [ 7 - 0 ] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:X
X
X
Vicki Byrd, District 1 :
Brian Beck, District 2 :
Paul Meltzer, District 3 :X
Joe Holland, District 4:X
Brandon Chase McGee, At Large Place 5 : X
Page 2 of 23
Jill Jester. At Large Place 6:X
PASSED AND APPROVED this the 18th day of February, 2025.
car
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
A\\\ljlllllf
B II1(7 :
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
+'FBY: U
Page 3 of 23
Exhibit A
Legal Description
TRACT 1
1 ,742.626
BEING A 1 ,742.626 ACRE TRACT OF LAND SITUATED IN THE JA BURN SURVEY,
ABSTRACT NO. 132, THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 176, THE 1.N
HEMBRIE SURVEY, ABSTRACT NO. 594. THE C. MANCHACA SURVEY, ABSTRACT
NO. 789, THE A.C. MADDEN SURVEY, ABSTRACT NO. 851 , THE J. McDONALD
SURVEY, ABSTRACT NO. 873, THE T&P SURVEY. ABSTRACT NO. 1292, THE C.W
BYERLY SURVEY, ABSTRACT NO. 1458, THE J.W. KJEIBERG SURVEY,
ABSTRACT NO. 1610, AND THE T.C. CARRUTH SURVEY, ABSTRACT NO. 1707,
CITY OF DENTON, DENTON COUNTY. TEXAS. AND BEING ALL OF THE
REMAINDER OF A 2,049.00 ACRE TRACT OF LAND CONVEYED AS TRACT 1 :
NORTH TRACT, (TRACT 1), TO SLF II COLE PROPERTY, L.P., AS RECORDED IN
COUNTY CLERK’S FILE NO., (C.C.#) 2005-12276, (80% INTEREST), 2005-12277,
(19.9% INTEREST), AND IN 2005-12278, (0.1 % INTEREST), OFFICIAL PUBLIC
RECORDS, DENTON COUNTY, TEXAS, (0.P.R.D.C.T.). SAID 1,742.626 ACRE
TRACT, WITH BEARING BASIS BEING GRID NORTH. TEXAS STATE PLANE
COORDINATES, NORTH CENTRAL ZONE, NAD83 DATUM (NAD83 2011, EPOCH
DATE 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM
DALLAS CORS ARP (PID-DF8984) AND DENTON CORS ARP (PID-DF8986), BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117” FOUND FOR
A SOUTHWEST CORNER OF SAID TRACT 1 . SAID POINT BEING THE
NORTHWEST CORNER OF FARM-TO-MARKET (F.M.) ROAD, NO. 2449, (A
VARIABLE WIDTH RIGHT-OF-WAY), CONVEYED AS A 20.281 ACRE TRACT TO
THE STATE OF TEXAS AND THE COUNTY OF DENTON, AS RECORDED IN
VOLUME 489, PAGE 551, 0.P.R.D.C.T. AND BEING AT THE NORTHWEST END OF
A CORNER CLIP AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE
OF SAID F.M. 2449 AND THE EAST RIGHT-OF-WAY LINE OF C. WOLFE ROAD, (A
PRESCRIPTIVE RIGHT-OF-WAY), FROM WHICH A WOODEN HIGHWAY
MONUMENT FOUND ON THE NORTH RIGHT-OF-WAY LINE OF SAID F.M. 2449
AND THE COMMON SOUTH LINE OF A 34.5165 ACRE TRACT OF LAND
CONVEYED TO WENDELL W. JUDD AND WIFE DOROTHY J. JUDD. AS
RECORDED IN VOLUME 1300, PAGE 963, OFFICIAL PUBLIC RECORDS, DENTON
COUNTY, TEXAS BEARS, NORTH 46 DEGREES 26 MINUTES 57 SECONDS WEST,
A DISTANCE OF 65.96 FEET;
THENCE, ALONG THE WEST LINE OF SAID TRACT 1, THE FOLLOWING COURSES
AND DISTANCES:
NORTH 00 DEGREES 1 1 MINUTES 32 SECONDS WEST, ALONG THE SAID
EAST RIGHT-OF-WAY LINE AND THE EAST LINE OF SAID 34.5165 ACRE
TRACT, A DISTANCE OF 1353.59 FEET TO A 1/2" IRON ROD WITH CAP
STAMPED “GEER 4117” FOUND FOR AN INTERIOR ELL CORNER OF SAID
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TRACT 1 AND THE COMMON NORTHEAST CORNER OF SAID 34.5165
ACRE TRACT;
SOUTH 89 DEGREES 45 MINUTES 19 SECONDS WEST, ALONG THE
NORTH LINE OF SAID 34.5165 ACRE TRACT, OVER AND ACROSS SAID C
WOLFE ROAD, A DISTANCE OF 17.14 FEET TO A PK NAIL SET FOR AN
EXTERIOR ELL CORNER OF SAID TRACT 1 AND THE COMMON
SOUTHEAST CORNER OF A 12.228 ACRE TRACT OF LAND CONVEYED AS
SECOND TRACT TO M.C. YARBROUGH , JR. AND WIFE GRACE
YARBROUGH, AS RECORDED IN VOLUME 430, PAGE 602, 0.P.R.D.C.T
SAID POINT BEING IN THE APPROXIMATE CENTERLINE OF SAID C.
WOLFE ROAD;
THENCE, NORTH 00 DEGREES 10 MINUTES 05 SECONDS WEST, CONTINUING
ALONG SAID WEST LINE, ALONG SAID APPROXIMATE CENTERLINE, AND
ALONG THE EAST LINE OF SAID 12.228 ACRE TRACT AND THE EAST LINE OF A
161.81 ACRE TRACT OF LAND CONVEYED AS FIRST TRACT TO M.C
YARBROUGH , JR. AND WIFE GRACE YARBROUGH, AS RECORDED IN VOLUME
430, PAGE 602, 0.P.R.D.C.T. PASSING AT A DISTANCE OF 3623.00 FEET A PK
NAIL FOUND FOR THE NORTHEAST CORNER OF SAID 161.81 ACRE TRACT AND
THE COMMON SOUTHEAST CORNER OF A 41.00 ACRE TRACT OF LAND
CONVEYED TO MARK HICKS INVESTMENTS, LLC, AS RECORDED IN C.C.# 2020-
74525, 0.P.R.D.C.T., AND CONTINUING ALONG THE EAST LINE OF SAID 41.00
ACRE TRACT. THE EAST LINE OF A 34.00 ACRE TRACT OF LAND CONVEYED TO
JOHN E. LATHAM, CECIL MARTIN LATHAM, AND ROY LEON LATHAM, AS
RECORDED IN C.C.# 1996-88759. 0.P.R.D.C.T., AND THE EAST LINE OF A 45.23
ACRE TRAC OF LAND CONVEYED TO GEORGIA BAKER, AS RECORDED IN
VOLUME 2953, PAGE 224. 0.P.R.D.C.T., IN ALL A TOTAL DISTANCE OF 6972.21
FEET TO A PK NAIL SET FOR THE NORTHWEST CORNER OF SAID TRACT 1 AND
THE COMMON NORTHEAST CORNER OF SAID 45.23 ACRE TRACT. SAID POINT
BEING ON THE SOUTH LINE OF AN 8.16 ACRE TRACT OF LAND CONVEYED AS
TRACT ONE TO THOMAS KENT HALL, AS RECORDED IN C.C.# 2012-63260,
0.P.R.D.C.T. AND BEING IN THE APPROXIMATE CENTERLINE OF TOM COLE
ROAD, (PRESCRIPTIVE RIGHT-OF-WAY), FROM WHICH A 1/2" IRON ROD WITH
CAP STAMPED “RPLS 2010” FOUND BEARS SOUTH 20 DEGREES 17 MINUTES 37
SECONDS EAST, A DISTANCE OF 60.19 FEET AND A 1/2" IRON ROD WITH CAP
STAMPED “RPLS 2010” FOUND BEARS SOUTH 59 DEGREES 36 MINUTES 42
SECONDS EAST, A DISTANCE OF 63.18 FEET;
THENCE, ALONG THE NORTH LINE OF SAID TRACT 1 , WITH SAID APPROXIMATE
CENTERLINE, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 89 DEGREES 37 MINUTES 59 SECONDS EAST. ALONG THE SOUTH
LINE OF SAID 8.16 ACRE TRACT. THE SOUTH LINE OF A 5.00 ACRE TRACT
OF LAND CONVEYED TO THOMAS KENT HALL AND PENNY YVONNE HALL,
AS RECORDED IN C.C.# 2001-22170, 0.P.R.D.C.T., THE SOUTH LINE OF A
Page 5 of 23
5.000 ACRE TRACT OF LAND CONVEYED TO JACK B. HALL. III. AND WIFE
CYNTHIA A. HALL, AS RECORDED IN VOLUME 822, PAGE 728,
0.P.R.D.C.T.. THE SOUTH LINE OF A 10.14 ACRE TRACT OF LAND
CONVEYED AS TRACT 1, TO JACK B. HALL. AS RECORDED IN C.C.# 2012-
63259, 0.P.R.D.C.T., THE SOUTH LINE OF AN 18.25 ACRE TRACT OF LAND
CONVEYED AS TRACT TWO, TO JACK B. HALL, AS RECORDED IN C.C.#
2012-63255, 0.P.R.D.C.T., THE SOUTH LINE OF A 10.00 ACRE TRACT OF
LAND CONVEYED TO JACK B. HALL AND CYNTHIA ANN HALL, AS
RECORDED IN C.C.# 2012-141975, 0.P.R.D.C.T., THE SOUTH LINE OF A
10.00 ACRE TRACT OF LAND CONVEYED AS TRACT ONE TO SUE HALL
ALLEN, AS RECORDED IN C.C.# 2012-63255, 0.P.R.D.C.T., THE SOUTH
LINE OF AN 8.20 ACRE TRACT OF LAND CONVEYED AS TRACT ONE TO
JAN HALL, AS RECORDED IN C.C.# 2012-63256, 0.P.R.D.C.T., THE SOUTH
LINE OF A 13.41 ACRE TRACT OF LAND CONVEYED TO JACK BUCHANAN
HALL AND CYNTHIA ANN HALL. AS RECORDED IN C.C.# 2014-96407.
0.P.R.D.C.T., THE SOUTH LINE OF A 42.41 ACRE TRACT OF LAND
CONVEYED TO THE UNIVERSITY OF NORTH TEXAS, AS RECORDED IN
C.C.# 1996-9770, 0.P.R.D.C.T., AND THE SOUTH LINE OF A 14.042 ACRE
TRACT OF LAND CONVEYED TO TOM COLE EDAN MANAGEMENT GROUP,
LLC, - TRUSTEE, AS RECORDED IN C.C.# 2018-3174, 0.P.R.D.C.T., A
DISTANCE OF 4685.36 FEET TO AN “X”CUT FOUND FOR CORNER;
NORTH 89 DEGREES 00 MINUTES 58 SECONDS EAST, CONTINUING
ALONG THE SOUTH LINE OF SAID 14.042 ACRE TRACT, THE SOUTH LINE
OF A 1.000 ACRE TRACT OF LAND CONVEYED TO THE UNIVERSITY OF
NORTH TEXAS SYSTEM, AS RECORDED IN C.C.# 2006-155067,
0.P.R.D.C.T., THE SOUTH LINE OF THE REMAINDER OF AN 11.855 ACRE
TRACT OF LAND CONVEYED TO RICHARD RAFES, AS RECORDED IN
VOLUME 4103. PAGE 351, 0.P.R.D.C.T., AND THE SOUTH LINE OF A 5.433
ACRE TRACT OF LAND CONVEYED TO HENRY L. EVANS, JR., AS
RECORDED IN C.C.# 1999-75409, 0.P.R.D.C.T., A DISTANCE OF 2521.29
FEET TO A 5/8" IRON ROD FOUND FOR THE NORTHERN MOST
NORTHEAST CORNER OF SAID TRACT 1 AND THE COMMON SOUTHEAST
CORNER OF SAID 5.433 ACRE TRACT. SAID POINT BEING ON THE WEST
LINE OF THE REMAINDER OF A 331.94 ACRE TRACT OF LAND CONVEYED
TO THE CITY OF DENTON, AS RECORDED IN C.C.# 2002-20706,
0.P.R.D.C.T.;
THENCE. ALONG THE COMMON LINES OF SAID TRACT 1 AND SAID REMAINDER
331.94 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 00 DEGREES 18 MINUTES 35 SECONDS EAST, A DISTANCE OF
1865.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
“LJA SURVEYING” SET FOR AN INTERIOR ELL CORNER OF SAID TRACT 1
AND THE COMMON SOUTHWEST CORNER OF SAID REMAINDER 331.94
ACRE TRACT;
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SOUTH 89 DEGREES 34 MINUTES 15 SECONDS EAST. A DISTANCE OF
1079.18 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
“LJA SURVEYING” SET FOR AN EXTERIOR ELL CORNER OF SAID TRACT 1
AND THE COMMON NORTHWEST CORNER OF A 29.444 ACRE TRACT OF
LAND CONVEYED TO THE CITY OF DENTON, TEXAS, AS RECORDED IN
C.C.# 2016-163835, 0.P.R.D.C.T.;
THENCE, ALONG THE COMMON LINES OF SAID TRACT 1 AND SAID 29.444 ACRE
TRACT, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 00 DEGREES 08 MINUTES 18 SECONDS WEST, A DISTANCE OF
69.75 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
“LJA SURVEYING” SET FOR CORNER;
SOUTH 08 DEGREES 52 MINUTES 17 SECONDS WEST. A DISTANCE OF
1719.02 FEET TO A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER
OF SAID TRACT 1 AND THE COMMON SOUTHWEST CORNER OF SAID
29.444 ACRE TRACT;
SOUTH 89 DEGREES 39 MINUTES 34 SECONDS EAST. A DISTANCE OF
917.75 FEET TO A 1/2" IRON ROD FOUND FOR AN EXTERIOR ELL CORNER
OF SAID TRACT 1 AND THE COMMON SOUTHEAST CORNER OF SAID
29.444 ACRE TRACT. SAID POINT BEING ON THE WEST LINE OF A 31.107
ACRE TRACT OF LAND CONVEYED TO THE CITY OF DENTON, AS
RECORDED IN C.C.# 1994-71013, 0.P.R.D.C.T.;
THENCE, ALONG THE COMMON LINES OF SAID TRACT 1 AND SAiD 31.107 ACRE
TRACT, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 08 DEGREES 36 MINUTES 35 SECONDS WEST. A DISTANCE OF
890.28 FEET TO A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER
OF SAID TRACT 1 AND THE COMMON SOUTHWEST CORNER OF SAID
31.107 ACRE TRACT;
SOUTH 89 DEGREES 35 MINUTES 01 SECOND EAST, A DISTANCE OF
771.13 FEET TO A POINT FOR AN EXTERIOR ELL CORNER OF SAID TRACT
1 AND THE COMMON WEST CORNER OF A 184.812 ACRE TRACT OF LAND
CONVEYED TO ALDI (TEXAS) L.L.C., AS RECORDED IN C.C.# 2008-50360,
0.P.R.D.C.T.. SAID POINT BEING ON THE SOUTH LINE OF SAID 31.107
ACRE TRACT AND IN THE APPROXIMATE CENTERLINE OF A CREEK;
THENCE, ALONG THE COMMON LINES OF SAID TRACT 1 AND SAID 184.812
ACRE TRACT, WITH SAID CREEK, THE FOLLOWING COURSES AND DISTANCES:
Page 7 of 23
SOUTH 36 DEGREES 33 MINUTES 38 SECONDS EAST, A DISTANCE OF
472.90 FEET TO A POINT FOR CORNER;
SOUTH 65 DEGREES 06 MINUTES 43 SECONDS EAST, A DISTANCE OF
100.00 FEET TO A POINT FOR CORNER;
SOUTH 85 DEGREES 49 MINUTES 36 SECONDS EAST, A DISTANCE OF
100.00 FEET TO A POINT FOR CORNER;
NORTH 65 DEGREES 44 MINUTES 47 SECONDS EAST, A DISTANCE OF
290.00 FEET TO A POINT FOR CORNER;
SOUTH 56 DEGREES 52 MINUTES 40 SECONDS EAST, A DISTANCE OF
130.00 FEET TO A POINT FOR CORNER;
SOUTH 22 DEGREES 59 MINUTES 43 SECONDS EAST, A DISTANCE OF
150.00 FEET TO A POINT FOR CORNER;
SOUTH 51 DEGREES 30 MINUTES 29 SECONDS EAST, A DISTANCE OF
400.00 FEET TO A POINT FOR CORNER;
SOUTH 71 DEGREES 13 MINUTES 17 SECONDS EAST, A DISTANCE OF
135.00 FEET TO A POINT FOR CORNER;
SOUTH 50 DEGREES 31 MINUTES 14 SECONDS EAST, A DISTANCE OF
250.00 FEET TO A POINT FOR CORNER;
SOUTH 25 DEGREES 12 MINUTES 45 SECONDS EAST, A DISTANCE OF
300.00 FEET TO A POINT FOR CORNER;
SOUTH 70 DEGREES 50 MINUTES 29 SECONDS EAST, A DISTANCE OF
200.00 FEET TO A POINT FOR CORNER;
SOUTH 44 DEGREES 53 MINUTES 55 SECONDS EAST, A DISTANCE OF
250.00 FEET TO A POINT FOR CORNER;
SOUTH 77 DEGREES 10 MINUTES 41 SECONDS EAST, A DISTANCE OF
225.00 FEET TO A POINT FOR CORNER;
SOUTH 59 DEGREES 01 MINUTE 20 SECONDS EAST, A DISTANCE OF
125.00 FEET TO A POINT FOR CORNER;
SOUTH 85 DEGREES 04 MINUTES 17 SECONDS EAST, A DISTANCE OF
125.00 FEET TO A POINT FOR CORNER;
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SOUTH 73 DEGREES 39 MINUTES 06 SECONDS EAST, A DISTANCE OF
375.00 FEET TO A POINT FOR CORNER;
NORTH 87 DEGREES 31 MINUTES 07 SECONDS EAST, A DISTANCE OF
225.85 FEET TO A POINT FOR AN EXTERIOR ELL CORNER OF SAID TRACT
1 AND THE COMMON NORTHWEST CORNER OF A 0.247 ACRE TRACT OF
LAND CONVEYED TO DENTON COUNTY, TEXAS, AS RECORDED IN C.C.#
2010-1071 13, AND INT C.C.# 2011-68617, 0.P.R.D.C.T.. SAID POINT BEING
ON THE SOUTH LINE OF SAID 184.812 ACRE TRACT AND THE WEST
RIGHT-OF-WAY LINE OF UNDERWOOD ROAD, (A PRESCRIPTIVE RIGHT-
OF-WAY);
THENCE, ALONG THE COMMON LINES OF SAID TRACT 1 AND SAID 0.247 ACRE
TRACT, WITH SAID WEST RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND
DISTANCES:
SOUTH 02 DEGREES 19 MINUTES 53 SECONDS WEST. A DISTANCE OF
247.64 FEET TO A 5/8" IRON ROD WITH CAP STAMPED “TNP” FOUND FOR
CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 03 DEGREES 12 MINUTES 55 SECONDS. A
RADIUS OF 640.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 03
DEGREES 56 MINUTES 22 SECONDS WEST, A DISTANCE OF 35.91 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
35.91 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
“LJA SURVEYING” SET FOR CORNER;
SOUTH 05 DEGREES 32 MINUTES 49 SECONDS WEST. A DISTANCE OF
119.69 FEET TO A 5/8” IRON ROD WITH CAP STAMPED “TNP“ FOUND FOR
AN INTERIOR ELL CORNER OF SAID TRACT 1 AND THE COMMON
SOUTHWEST CORNER OF SAID 0.247 ACRE TRACT;
NORTH 89 DEGREES 05 MINUTES 19 SECONDS EAST, A DISTANCE OF
44.80 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
“LJA SURVEYING” SET FOR AN EXTERIOR ELL CORNER OF SAID TRACT 1.
THE COMMON SOUTHEAST CORNER OF SAID 0.247 ACRE TRACT. AND
THE COMMON SOUTHWEST CORNER OF A 1.7875 ACRE TRACT OF LAND
CONVEYED TO DENTON COUNTY, TEXAS, AS RECORDED IN C.C.# 2011-
69079, 0.P.R.D.C.T.. SAID POINT BEING ON THE WEST LINE OF THE
REMAINDER OF A 76.768 ACRE TRACT OF LAND CONVEYED TO FAY
CHARALAMBOPOULOS, AS RECORDED IN VOLUME 1166, PAGE 235.
0.P.R.D.C.T., FROM WHICH A 5/8” IRON ROD WITH CAP STAMPED “TNP”
FOUND FOR THE SOUTHEAST CORNER OF SAID 1.7875 ACRE TRACT,
BEARS NORTH 89 DEGREES 05 MINUTES 19 SECONDS EAST. A
DISTANCE OF 76.02 FEET;
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THENCE, SOUTH 00 DEGREES 57 MINUTES 06 SECONDS EAST, ALONG THE
EAST LINE OF SAID TRACT 1, AND THE COMMON WEST LINE OF SAID
REMAINDER 76.768 ACRE TRACT, THE WEST LINE OF A 2.408 ACRE TRACT OF
LAND CONVEYED TO WILLIAM CLINTON LYNCH AND WIFE, CLAUDIA P. LYNCH,
AS RECORDED IN VOLUME 2190, PAGE 507, 0.P.R.D.C.T., WEST LINE OF A 0.024
ACRE TRACT OF LAND CONVEYED TO WILLIAM CLINTON LYNCH AND WIFE
CLAUDIA P. LYNCH, AS RECORDED IN VOLUME 2981. PAGE 767. AND THE WEST
LINE OF A 4.102 ACRE TRACT OF LAND CONVEYED TO HILLWOOD/McCUTCHIN.
LTD., AS RECORDED IN C.C.# 1998-R0117450. 0.P.R.D.C.T., WITH SAID
UNDERWOOD ROAD, A DISTANCE OF 417.47 FEET TO A PK NAIL SET FOR
CORNER, FROM WHICH A 1/2” IRON ROD FOUND BEARS NORTH 37 DEGREES
10 MINUTES 00 SECONDS EAST, A DISTANCE OF 0.91 FEET;
THENCE, SOUTH 01 DEGREE 13 MINUTES 30 SECONDS WEST. CONTINUING
ALONG SAID EAST LINE AND THE COMMON WEST LINE OF SAID 4.102 ACRE
TRACT, PASSING AT A DISTANCE OF 99.21 FEET A 1/2” IRON ROD FOUND FOR
THE SOUTHWEST CORNER OF SAID 4.102 ACRE TRACT AND THE COMMON
NORTHWEST CORNER OF A 96.85 ACRE TRACT OF LAND CONVEYED AS TRACT
III, TO PETRUS INVESTMENT, L.P., AS RECORDED IN C.C.# 1998-R0117450,
0.P.R.D.C.T., AND CONTINUING ALONG SAID 96.85 ACRE TRACT, IN ALL A
TOTAL DISTANCE OF 1205.51 FEET TO A 1 " IRON ROD FOUND FOR THE
SOUTHEAST CORNER OF SAID TRACT 1 AND A COMMON INTERIOR ELL
CORNER OF SAID 98.85 ACRE TRACT. SAID POINT BEING AT THE
APPROXIMATE INTERSECTION OF SAID UNDERWOOD ROAD, AND H. LIVELY
ROAD, (A PRESCRIPTIVE RIGHT-OF-WAY);
THENCE, SOUTH 89 DEGREES 50 MINUTES 38 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID TRACT 1 AND A COMMON NORTH LINE OF SAID 96.85
ACRE TRACT, A DISTANCE OF 1362.73 FEET TO A 5/8" IRON ROD WITH YELLOW
PLASTIC CAP STAMPED “LJA SURVEYING” SET FOR AN EXTERIOR ELL CORNER
SAID TRACT 1 AND A COMMON INTERIOR ELL CORNER OF AFORESAID 20,281
ACRE TRACT, (F.M. 2449);
THENCE, ALONG THE COMMON LINES OF SAID TRACT 1 AND SAID F.M. 2449
THE FOLLOWING COURSES AND DISTANCES:
NORTH 00 DEGREES 13 MINUTES 43 SECONDS WEST. A DISTANCE OF
45.00 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117” FOUND
FOR AN INTERIOR ELL CORNER OF SAID TRACT 1 AND A COMMON
EXTERIOR ELL CORNER OF SAID F.M. 2449. FROM WHICH A WOODEN
HIGHWAY MONUMENT FOUND BEARS SOUTH 69 DEGREES 45 MINUTES
44 SECONDS WEST, A DISTANCE OF 1.96 FEET;
SOUTH 89 DEGREES 46 MINUTES 17 SECONDS WEST. A DISTANCE OF
2944.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
“LJA SURVEYING” SET FOR CORNER;
Page 10 of 23
SOUTH 89 DEGREES 04 MINUTES 20 SECONDS WEST, A DISTANCE OF
2982.15 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR THE SOUTHEAST CORNER OF A 91.78849 ACRE TRACT OF
LAND CONVEYED TO DENTON INDEPENDENT SCHOOL DISTRICT, AS
RECORDED C.C.# 2007-86024, 0.P.R.D.C.T.;
THENCE, OVER AND ACROSS SAID TRACT 1, WITH THE LINES OF SAID 91.78849
ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 00 DEGREES 55 MINUTES 43 SECONDS WEST, A DISTANCE OF
300.04 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO
THE LEFT HAVING A CENTRAL ANGLE OF 17 DEGREES 50 MINUTES 24
SECONDS. A RADIUS OF 2068.00 FEET, AND A LONG CHORD THAT BEARS
NORTH 09 DEGREES 50 MINUTES 55 SECONDS WEST, A DISTANCE OF
641.31 FEET;
ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
643.91 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR CORNER, AND THE BEGINNING OF A REVERSE CURVE TO
THE RIGHT HAVING A CENTRAL ANGLE OF 18 DEGREES 39 MINUTES 59
SECONDS, A RADIUS OF 2068.00 FEET, AND A LONG CHORD THAT BEARS
NORTH 09 DEGREES 26 MINUTES 07 SECONDS WEST, A DISTANCE OF
670.76 FEET;
ALONG SAID REVERSE CURVE TO THE RIGHT, AN ARC DISTANCE OF
673.74 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR CORNER;
NORTH 00 DEGREES 06 MINUTES 08 SECONDS WEST, A DISTANCE OF
569.33 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR THE NORTHEAST CORNER OF SAID 91.78849 ACRE TRACT;
SOUTH 89 DEGREES 04 MINUTES 17 SECONDS WEST, A DISTANCE OF
1534.68 FEET TO A 1/2" IRON ROD FOUND FOR THE NORTHWEST
CORNER OF SAID 91 .78849 ACRE TRACT;
SOUTH 11 DEGREES 1 1 MINUTES 45 SECONDS WEST, A DISTANCE OF
2215.63 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR THE SOUTHWEST CORNER OF SAID 91.78849 ACRE TRACT.
SAID POINT BEING ON THE SOUTH LINE OF SAID TRACT 1 AND THE
COMMON NORTH RIGHT-OF-WAY LINE OF SAID F.M. 2449;
THENCE, ALONG THE COMMON LINES OF SAID TRACT 1 AND SAID F.M. 2449,
THE FOLLOWING COURSES AND DISTANCES:
Page 1 1 of 23
SOUTH 89 DEGREES 04 MINUTES 20 SECONDS WEST, A DISTANCE OF 2027.93
FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 41 17” FOUND FOR
CORNER;
NORTH 85 DEGREES 13 MINUTES 02 SECONDS WEST, A DISTANCE OF 100.50
FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 41 17” FOUND FOR
CORNER;
SOUTH 89 DEGREES 04 MINUTES 20 SECONDS WEST. A DISTANCE OF 200.00
FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117” FOUND FOR
CORNER;
SOUTH 83 DEGREES 21 MINUTES 42 SECONDS WEST, A DISTANCE OF 100.50
FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117” FOUND FOR
CORNER;
SOUTH 89 DEGREES 04 MINUTES 20 SECONDS WEST, A DISTANCE OF 678.19
FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117” FOUND FOR A
SOUTHWEST CORNER OF SAID TRACT 1 . SAID POINT BEING AT THE
SOUTHEAST END OF A CORNER CLIP AT THE INTERSECTION OF SAID NORTH
RIGHT-OF-WAY LINE AND THE EAST RIGHT-OF-WAY LINE OF AFORESAID C
WOLFE ROAD;
NORTH 45 DEGREES 32 MINUTES 47 SECONDS WEST, ALONG SAID CORNER
CLIP, A DISTANCE OF 39.87 FEET TO THE POINT OF BEGINNING AND
CONTAINING A CALCULATED AREA OF 75,908,796 SQUARE FEET OR 1 ,742.626
ACRES OF LAND,
TRACT 2
1,297.316 ACRES
BEING A 1,297.316 ACRE TRACT OF LAND SITUATED IN THE B.B.B. & C.R.R
SURVEY, ABSTRACT NO. 176, THE J.T. EVANS SURVEY. ABSTRACT NO. 411.
THE C. MANCHACA SURVEY, ABSTRACT NO. 789, THE F.N. OLIVER SURVEY,
ABSTRACT NO. 989, THE S. PAINE SURVEY, ABSTRACT NO. 1035, THE M. PAINE
SURVEY, ABSTRACT NO. 1036, THE G.W. PETTINGALE SURVEY. ABSTRACT NO
1041 , THE GEORGE WEST SURVEY, ABSTRACT NO. 1393. AND THE J.W
KJEIBERG SURVEY, ABSTRACT NO. 1610. CITY OF DENTON, DENTON COUNTY,
TEXAS, AND BEING ALL OF THE REMAINDER OF A 1 ,357.12 ACRE TRACT OF
LAND CONVEYED AS TRACT 2: SOUTH TRACT, (TRACT 2), TO SLF II COLE
PROPERTY, L.P., AS RECORDED IN COUNTY CLERK’S FILE NO., (C.C.#) 2005-
12276, (80% INTEREST), 2005-12277, (19.9% INTEREST), AND IN 2005-12278,
(0.1% INTEREST), OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS,
(0.P.R.D.C.T.). SAID 1,297.316 ACRE TRACT, WITH BEARING BASIS BEING GRID
Page 12 of 23
NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE. NAD83
DATUM (NAD83 201 1, EPOCH DATE 2010), DETERMINED BY GPS
OBSERVATIONS, CALCULATED FROM DALLAS CORS ARP (PID-DF8984) AND
DENTON CORS ARP (PID-DF8986), BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117” FOUND FOR
A NORTHWEST CORNER OF SAID TRACT 2. SAID POINT BEING THE
SOUTHWEST CORNER OF FARM-TO-MARKET (F.M.) ROAD, NO. 2449, (A
VARIABLE WIDTH RIGHT-OF-WAY), CONVEYED AS A 20.281 ACRE TRACT, TO
THE STATE OF TEXAS AND THE COUNTY OF DENTON. AS RECORDED IN
VOLUME 489, PAGE 551, 0.P.R.D.C.T. AND BEING AT THE SOUTHWEST END OF
A CORNER CLIP AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
SAID F.M. 2449 AND THE EAST RIGHT-OF-WAY LINE OF H. LIVELY ROAD, (A
PRESCRIPTIVE RIGHT-OF-WAY), FROM WHICH A 1/2" IRON ROD FOUND BEARS
NORTH 77 DEGREES 20 MINUTES 50 SECONDS WEST, A DISTANCE OF 123.58
FEET
THENCE, ALONG THE COMMON LINES OF SAID TRACT 2 AND SAID F.M. 2449
THE FOLLOWING COURSES AND DISTANCES:
NORTH 44 DEGREES 21 MINUTES 29 SECONDS EAST. ALONG SAID
CORNER CLIP, A DISTANCE OF 41.51 FEET TO A 1/2" IRON ROD WITH CAP
STAMPED “GEER 4117” FOUND FOR CORNER AT THE NORTHEAST END
OF SAID CORNER CLIP;
NORTH 89 DEGREES 04 MINUTES 20 SECONDS EAST. A DISTANCE OF
679.56 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR CORNER;
SOUTH 85 DEGREES 13 MINUTES 02 SECONDS EAST. A DISTANCE OF
100.50 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR CORNER;
NORTH 89 DEGREES 04 MINUTES 20 SECONDS EAST. A DISTANCE OF
200.00 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR CORNER;
NORTH 83 DEGREES 21 MINUTES 42 SECONDS EAST. A DISTANCE OF
100.50 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR CORNER;
NORTH 89 DEGREES 04 MINUTES 20 SECONDS EAST, A DISTANCE OF
951.06 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR THE NORTHWEST CORNER OF A 37.58223 ACRE TRACT OF
LAND CONVEYED TO DENTON INDEPENDENT SCHOOL DISTRICT, AS
Page 13 of 23
RECORDED IN C.C.# 2008-7638, 0.P.R.D.C.T., FROM WHICH A 1/2" IRON
ROD FOUND FOR AN EXTERIOR ELL CORNER OF SAID TRACT 2 AND THE
COMMON NORTHWEST CORNER OF AN 18.28 ACRE TRACT OF LAND
CONVEYED TO TEXAS MUNICIPAL POWER AGENCY BY JUDGEMENT NO
10455 AND RECORDED IN VOLUME 5, PAGE 709, 0.P.R.D.C.T., BEARS
NORTH 89 DEGREES 04 MINUTES 20 SECONDS EAST, A DISTANCE OF
511.39 FEET;
THENCE, OVER AND ACROSS SAID TRACT 2, ALONG THE LINES OF SAID
37.58223 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 00 DEGREES 25 MINUTES 46 SECONDS EAST, A DISTANCE OF
150.07 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO
THE RIGHT HAVING A CENTRAL ANGLE OF 49 DEGREES 39 MINUTES 33
SECONDS, A RADIUS OF 750.00 FEET, AND A LONG CHORD THAT BEARS
SOUTH 24 DEGREES 24 MINUTES 00 SECONDS WEST, A DISTANCE OF
629.88 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
650.04 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR CORNER;
SOUTH 49 DEGREES 13 MINUTES 46 SECONDS WEST. A DISTANCE OF
100.00 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR CORNER. AND THE BEGINNING OF A TANGENT CURVE TO
THE LEFT HAVING A CENTRAL ANGLE OF 49 DEGREES 33 MINUTES 02
SECONDS, A RADIUS OF 750.00 FEET, AND A LONG CHORD THAT BEARS
SOUTH 24 DEGREES 27 MINUTES 15 SECONDS WEST, A DISTANCE OF
628.59 FEET;
ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
648.61 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR CORNER;
SOUTH 00 DEGREES 19 MINUTES 15 SECONDS EAST, A DISTANCE OF
155.00 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR THE SOUTHWEST CORNER OF SAID 37.58223 ACRE TRACT;
NORTH 89 DEGREES 40 MINUTES 45 SECONDS EAST, A DISTANCE OF
1604.29 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR THE SOUTHEAST CORNER OF SAID 37.58223 ACRE TRACT;
NORTH 00 DEGREES 38 MINUTES 41 SECONDS EAST, A DISTANCE OF
812.68 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR AN EXTERIOR ELL CORNER OF SAID 37.58223 ACRE TRACT.
Page 14 of 23
SAID POINT BEING ON A NORTH LINE OF SAID TRACT 2 AND ON THE
COMMON SOUTH LINE OF AFORESAID 18.28 ACRE TRACT, FROM WHICH
A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER OF SAID TRACT
2 AND THE COMMON SOUTHWEST CORNER OF SAID 18.28 ACRE TRACT,
BEARS SOUTH 89 DEGREES 04 MINUTES 03 SECONDS WEST, A
DISTANCE OF 495.70 FEET;
THENCE, ALONG THE COMMON LINES OF SAID TRACT 2 AND SAID 18.28 ACRE
TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 02 MINUTES 23 SECONDS EAST. A DISTANCE OF
623.93 FEET TO A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER
OF SAID TRACT 2 AND THE COMMON SOUTHEAST CORNER OF SAID
18.28 ACRE TRACT;
NORTH 00 DEGREES 55 MINUTES 48 SECONDS WEST. A DISTANCE OF
710.64 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR AN EXTERIOR ELL CORNER OF SAID TRACT 2 AND THE
COMMON NORTHEAST CORNER OF SAID 18.28 ACRE TRACT. SAID POINT
BEING ON THE SOUTH RIGHT-OF-WAY LINE OF AFORESAID F.M. 2449;
THENCE, NORTH 89 DEGREES 04 MINUTES 20 SECONDS EAST, ALONG THE
COMMON LINES OF SAID TRACT 2 AND SAID F.M. 2449, PASSING AT A
DISTANCE OF 4314.76 FEET A WOODEN HIGHWAY MONUMENT FOUND. AND
CONTINUING, IN ALL A TOTAL DISTANCE OF 4616.53 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED “LJA SURVEYING” SET FOR THE
NORTHEAST CORNER OF SAID TRACT 2, FROM WHICH A 1/2” IRON ROD WITH
CAP STAMPED “RPLS 2010” FOUND BEARS SOUTH 87 DEGREES 01 MINUTE 58
SECONDS WEST, A DISTANCE OF 21.31 FEET;
THENCE, ALONG THE EAST LINE OF SAID TRACT 2, THE FOLLOWING COURSES
AND DISTANCES:
SOUTH 00 DEGREES 32 MINUTES 55 SECONDS EAST. A DISTANCE OF 1652.60
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED “LJA
SURVEYING” SET FOR AN EXTERIOR ELL CORNER OF SAID TRACT 2, FROM
WHICH A 1/2" IRON ROD WITH CAP STAMPED “RPLS 2010” FOUND, BEARS
NORTH 43 DEGREES 25 MINUTES 09 SECONDS WEST, A DISTANCE OF 32.98
FEET
SOUTH 89 DEGREES 48 MINUTES 57 SECONDS WEST, A DISTANCE OF 254.68
FEET TO A 5/8” IRON ROD WITH YELLOW PLASTIC CAP STAMPED “LJA
SURVEYING” SET FOR AN INTERIOR ELL CORNER OF SAID TRACT 2, FROM
WHICH A 1/2" IRON ROD WITH CAP STAMPED “RPLS 2010” FOUND, BEARS
NORTH 05 DEGREES 47 MINUTES 35 SECONDS EAST. A DISTANCE OF 17.65
FEET
Page 15 of 23
SOUTH 00 DEGREES 17 MINUTES 58 SECONDS EAST, PASSING AT A DISTANCE
OF 14.93 FEET, A NORTH LINE OF A 264.814 ACRE TRACT OF LAND CONVEYED
TO RONALD McCUTCHIN FAMILY PARTNERSHIP, LTD., AS RECORDED IN C.C.#
1998-5578, 0.P.R.D.C.T., AND CONTINUING ALONG THE COMMON LINES OF SAID
TRACT 2 AND SAID 264.814 ACRE TRACT, IN ALL A TOTAL DISTANCE OF 2168.94
FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117” FOUND FOR AN
INTERIOR ELL CORNER OF SAID TRACT 2 AND THE COMMON SOUTHWEST
CORNER OF SAID 264.814 ACRE TRACT;
THENCE, NORTH 89 DEGREES 21 MINUTES 34 SECONDS EAST, CONTINUING
ALONG SAID COMMON LINES, A DISTANCE OF 3151 .01 FEET TO A 1/2" IRON
ROD FOUND THE WESTERN MOST NORTHWEST CORNER OF SAID TRACT 2
AND THE COMMON SOUTHEAST CORNER OF SAID 264.814 ACRE TRACT. SAID
POINT BEING ON THE WEST LINE OF A 2,329.49 ACRE TRACT OF LAND
CONVEYED AS TRACT 1 TO PETRUS INVESTMENT, L.P., AS RECORDED IN C.C.#
1998-ROI 17450, 0.P.R.D.C.T. AND ON THE WEST LINE OF JOHN PAINE ROAD, (A
PRESCRIPTIVE RIGHT-OF-WAY);
THENCE, SOUTH 00 DEGREES 08 MINUTES 40 SECONDS EAST, ALONG THE
COMMON LINES OF SAID TRACT 2, SAID 2,329.49 ACRE TRACT, AND WITH SAID
JOHN PAINE ROAD, A DISTANCE OF 1266.83 FEET TO A 1/2" IRON ROD FOUND
(BENT) FOR THE NORTHEAST CORNER OF LOT 1 , BLOCK 1 OF THE EPISCOPAL
ADDITION, AN ADDITION TO THE CITY OF DENTON, AS RECORDED CABINET Y,
PAGE 570, 0.P.R.D.C.T.;
THENCE, OVER AND ACROSS SAID TRACT 2, ALONG THE LINES OF SAID
EPISCOPAL ADDITION, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 89 DEGREES 21 MINUTES 35 SECONDS WEST, A DISTANCE OF
756.70 FEET TO A 1/2" IRON ROD FOUND FOR THE NORTHWEST CORNER
OF SAID EPISCOPAL ADDITION;
SOUTH 00 DEGREES 09 MINUTES 00 SECONDS EAST. A DISTANCE OF
1276.47 FEET TO A 1/2" IRON ROD FOUND FOR THE SOUTHWEST
CORNER OF SAID EPISCOPAL ADDITION. SAID POINT BEING ON THE
SOUTH LINE OF SAID TRACT 2 AND A COMMON NORTH LINE OF
AFORESAID 2,329.49 ACRE TRACT;
THENCE, ALONG THE COMMON LINES OF SAID TRACT 2 AND SAID 2,329.49
ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 89 DEGREES 29 MINUTES 40 SECONDS WEST. A DISTANCE OF
4650.04 FEET TO A PK NAIL FOUND FOR CORNER;
Page 16 of 23
SOUTH 01 DEGREE 10 MINUTES 23 SECONDS WEST, A DISTANCE OF
92.39 FEET TO A PK NAIL FOUND FOR CORNER;
SOUTH 89 DEGREES 47 MINUTES 21 SECONDS WEST, A DISTANCE OF
5806.65 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GOODWIN
MARSHALL” FOUND FOR THE SOUTHWEST CORNER OF SAID TRACT 2
AND THE COMMON NORTHWEST CORNER OF SAID 2,329.49 ACRE
TRACT. SAID POINT BEING ON THE EAST LINE OF A 320.350 ACRE TRACT
OF LAND CONVEYED TO ROBSON DENTON DEVELOPMENT, LP, AS
RECORDED IN C.C.# 1999-67258, 0.P.R.D.C.T.;
THENCE, ALONG THE COMMON LINES OF SAID TRACT 2 AND SAID 320.350
ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 00 DEGREES 06 MINUTES 37 SECONDS WEST, A DISTANCE OF
3057.16 FEET TO A 5/8" IRON ROD FOUND FOR AN INTERIOR ELL CORNER
OF SAID TRACT 2 AND THE COMMON NORTHEAST CORNER OF SAID
320.350 ACRE TRACT;
SOUTH 89 DEGREES 54 MINUTES 14 SECONDS WEST, A DISTANCE OF
153.55 FEET TO A 5/8” IRON ROD WITH YELLOW PLASTIC CAP STAMPED
“LJA SURVEYING” SET FOR AN EXTERIOR ELL CORNER OF SAID TRACT 2
AND THE COMMON SOUTHEAST CORNER OF A 5.00 ACRE TRACT OF
LAND CONVEYED TO BRAD THOMAS, AS RECORDED IN C.C.# 2006-
142048, 0.P.R.D.C.T.. SAID POINT BEING ON THE EAST RIGHT-OF-WAY
LINE OF H. LIVELY ROAD, (A PRESCRIPTIVE RIGHT-OF-WAY);
THENCE, ALONG THE COMMON LINES OF SAID TRACT 2 AND SAID 5.00 ACRE
TRACT, WITH SAID RIGHT-OF-WAY. THE FOLLOWING COURSES AND
DISTANCES:
NORTH 48 DEGREES 28 MINUTES 37 SECONDS EAST, A DISTANCE OF
31.80 FEET TO A POINT FOR CORNER, FROM WHICH A 1/2" IRON ROD
WITH CAP STAMPED “GEER 4117” FOUND, BEARS NORTH 81 DEGREES 34
MINUTES 56 SECONDS WEST, A DISTANCE OF 0.64 FEET;
NORTH 05 DEGREES 47 MINUTES 00 SECONDS EAST, A DISTANCE OF
103.71 FEET TO A POINT FOR CORNER, FROM WHICH A 1/2" IRON ROD
WITH CAP STAMPED “GEER 4117” FOUND, BEARS NORTH 74 DEGREES 43
MINUTES 44 SECONDS WEST, A DISTANCE OF 0.60 FEET;
NORTH 07 DEGREES 05 MINUTES 30 SECONDS EAST, A DISTANCE OF
90.24 FEET TO A POINT FOR CORNER, FROM WHICH A 1/2" IRON ROD
WITH CAP STAMPED “GEER 4117” FOUND. BEARS NORTH 77 DEGREES 47
MINUTES 23 SECONDS WEST, A DISTANCE OF 0.39 FEET;
Page 17 of 23
NORTH 18 DEGREES 53 MINUTES 47 SECONDS EAST, A DISTANCE OF
83.19 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117” FOUND
FOR CORNER;
NORTH 16 DEGREES 35 MINUTES 17 SECONDS EAST, A DISTANCE OF
221.61 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117”
FOUND FOR CORNER;
NORTH 89 DEGREES 25 MINUTES 17 SECONDS EAST, A DISTANCE OF
17.07 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “GEER 4117” FOUND
FOR CORNER;
NORTH 00 DEGREES 06 MINUTES 03 SECONDS EAST, A DISTANCE OF
72.34 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
“LJA SURVEYING” SET FOR CORNER;
THENCE, NORTH 00 DEGREES 19 MINUTES 1 1 SECONDS WEST. CONTINUING
ALONG SAID COMMON LINE, ALONG THE EAST LINE OF A TRACT OF LAND
CONVEYED TO BOBBY RAY MILLER AND LUCY ELDONIA MILLER, CO-TRUSTEES
OF THE MILLER FAMILY REVOCABLE TRUST, AS RECORDED IN C.C.# 2016-
55602, 0.P.R.D.C.T., THE EAST LINE OF A 10.66 ACRE TRACT OF LAND
CONVEYED TO STEPHEN P. RICHARDSON AND SPOUSE BONITA L
RICHARDSON, AS RECORDED IN C.C.# 2002-20706, 0.P.R.D.C.T.. THE EAST LINE
OF AN 8.773 ACRE TRACT OF LAND CONVEYED TO CHRISTOPHER B
FITZGERALD AND WIFE, JOANN FITZGERALD, AS RECORDED IN C.C.# 2005-
103094, 0.P.R.D.C.T., THE EAST LINE OF 4.043 ACRE TRACT OF LAND
CONVEYED AS TRACT II AND A 3.16 ACRE TRACT OF LAND CONVEYED AS
TRACT 1, TO WILLIAM HERMAN KETTLER. III, AND LAUREN DUK-WING KO, AS
RECORDED IN C.C.# 2010-66949, 0.P.R.D.C.T.. THE EAST LINE OF THE
REMAINDER OF A 26.00 ACRE TRACT OF LAND CONVEYED TO TILOTTA TIMBER
HOLDINGS, LLC. AS RECORDED IN C.C.# 2006-76484. 0.P.R.D.C.T.. THE EAST
LINE OF A 9.592 ACRE TRACT OF LAND CONVEYED TO NATIONAL FRAME RAIL,
INC., AS RECORDED IN C.C.# 2013-34789, 0.P.R.D.C.T., AND THE EAST LINE OF
A 3.41 ACRE TRACT OF LAND CONVEYED TO DEVON ENERGY OPERATING
COMPANY, L.P., AS RECORDED IN C.C.# 2003-193231 , 0.P.R.D.C.T., A DISTANCE
OF 2695.55 FEET TO THE POINT OF BEGINNING AND CONTAINING A
CALCULATED AREA OF 56,51 1 ,106 SQUARE FEET OR 1,297.316 ACRES OF
LAND
NOT INCLUDING THE FOLLOWING 5.000 ACRE SAVE & EXCEPT TRACT:
Page 18 of 23
TRACT 2 SAVE & EXCEPT
5.000 ACRES
BEING A 5.000 ACRE TRACT OF LAND SITUATED IN THE GEORGE WEST
SURVEY, ABSTRACT NO. 1393, CITY OF DENTON, DENTON COUNTY, TEXAS
AND BEING ALL OF 5.00 ACRE TRACT OF LAND CONVEYED TO BYRON
CAMPBELL, AS RECORDED IN COUNTY CLERK’S FILE NO., (C.C.#) 2020-75307,
OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS, (O.P.R.D.C.T.), (20%
INTEREST), RYAN MILLER, AS RECORDED IN C.C.# 2020-75309, 0.P.R.D.C.T.,
(20% INTEREST), RUSSELL HICKEY, AS RECORDED IN C.C.# 2020-75311,
O.P.R.D.C.T., (20% INTEREST), SHAWN STREET, AS RECORDED IN C.C.# 2020-
75313, O.P.R.D.C.T., (20% INTEREST),AND WARREN THREAGILL, AS RECORDED
IN C.C.# 2020-75315, O.P.R.D.C.T., (20% INTEREST). SAID 5.000 ACRE TRACT,
WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE
COORDINATES, NORTH CENTRAL ZONE, NAD83 DATUM (NAD83 2011, EPOCH
DATE 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM
DALLAS CORS ARP (PID-DF8984) AND DENTON CORS ARP (PID-DF8986), BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH CAP STAMPED “LJA SURVEYING” SET
FOR THE NORTHEAST CORNER OF SAID 5.00 ACRE TRACT, FROM WHICH A 1/2”
IRON ROD FOUND FOR AN EXTERIOR ELL CORNER OF THE REMAINDER OF A
1,357.12 ACRE TRACT OF LAND CONVEYED AS TRACT 2: SOUTH TRACT.
(TRACT 2), TO SLF II COLE PROPERTY, L.P., AS RECORDED IN COUNTY
CLERK’S FILE NO., (C.C.#) 2005-12276, (80% INTEREST), 2005-12277, (19.9%
INTEREST), AND IN 2005-12278, (0.1 % INTEREST), O.P.R.D.C.T. AND THE
COMMON SOUTHEAST CORNER OF A 264.814 ACRE TRACT OF LAND
CONVEYED TO RONALD McCUTCHIN FAMILY PARTNERSHIP, LTD., AS
RECORDED IN C.C.# 1998-5578, 0.P.R.D.C.T., AND BEING ON THE WEST LINE OF
A 2,329.49 ACRE TRACT OF LAND CONVEYED AS TRACT 1 . TO PETRUS
INVESTMENT, L.P., AS RECORDED IN C.C.# 1998-R0117450. 0.P.R.D.C.T., BEARS
NORTH 44 DEGREES 36 MINUTES 27 SECONDS EAST, A DISTANCE OF 35.51
FEET. SAID POINT BEING 25.00 FEET FROM THE NORTH AND EAST LINE OF
SAID TRACT 2;
THENCE, OVER AND ACROSS SAID TRACT 2, THE FOLLOWING COURSES AND
DISTANCES:
SOUTH 00 DEGREES 08 MINUTES 40 SECONDS EAST. ALONG THE EAST
LINE OF SAID 5.00 ACRE TRACT, A DISTANCE OF 466.70 FEET TO A 5/8"
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET
FOR THE SOUTHEAST CORNER OF SAID 5.00 ACRE TRACT. SAID POINT
BEING 25.00 FEET FROM THE EAST LINE OF SAID TRACT 2;
SOUTH 89 DEGREES 21 MINUTES 34 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID 5.00 ACRE TRACT, A DISTANCE OF 466.70 FEET TO
A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
Page 19 of 23
SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID 5.00 ACRE
TRACT;
NORTH 00 DEGREES 08 MINUTES 40 SECONDS WEST. ALONG THE WEST
LINE OF SAID 5.00 ACRE TRACT, A DISTANCE OF 466.70 FEET TO A 5/8"
IRON ROD WITH YELLOW PLASTIC CAP STAMPED ''LJA SURVEYING" SET
FOR THE NORTHWEST CORNER OF SAID 5.00 ACRE TRACT. SAID POINT
BEING 25.00 FEET FROM THE NORTH LINE OF SAID TRACT 2;
NORTH 89 DEGREES 21 MINUTES 34 SECONDS EAST, ALONG THE NORTH
LINE OF SAID 5.00 ACRE TRACT, A DISTANCE OF 466.70 FEET TO THE
POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF
217,801 SQUARE FEET OR 5.000 ACRES OF LAND.
LEAVING A CALCULATED NET AREA OF TRACT 2 OF 56,293,305 SQUARE FEET
OR 1 ,292.316 ACRES OF LAND
Page 20 of 23
Exhibit B
Site Location
AMPC24.0001 1151
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Page 21 of 23
Exhibit C
Development Plan Map
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Amended MPC Development Plan Map
Cole Ranch
Page 22 of 23
Exhibit D
Phasing Plan
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ZonIng Summary
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Legend
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Amended MPC Development Plan Map
Cole Ranch
a
Page 23 of 23