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HomeMy WebLinkAbout26-1712ORDINANCE NO. 26-1712 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING AN INADVERTENT INCLUSION OF TAX PARCEL 232464 AS OWNED BY HALL, THOMAS KENT AND PENNY YVONNE ("OWNERS") WHICH WAS ELIGIBLE FOR A NON -ANNEXATION AGREEMENT IN THE LEGAL DESCRIPTION FOR ORDINANCE NO. 2015-186 RELATING TO THE ANNEXATION OF AN AREA OF LAND TO THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAAI, GENERALLY LOCATED SOUTH OF JIM CHRISTAL ROAD; NORTH OF TOM COLE ROAD; WEST OF MASCH BRANCH ROAD, AND MORE SPECIFICALLY DESCRIBED AND DEPICTED IN EXHIBITS "A" AND "B"; CORRECTING SAID MISTAKE BY REMOVING PARCEL 232464 FROM THE LEGAL DESCRIPTION OF ORDINANCE NO 2015-186; PROVIDING FOR A CORRECTION OF THE CITY MAP TO EXCLUDE THE INADVERTENTLY ANNEXED LAND; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Hall, Thomas Kent and Penny Yvonne ("Owners") own a five -acre property identified as Tax Parcel 232464, which is further described in Exhibit "D," attached hereto and incorporated herein, (hereafter, the "Subject Property"); and WHEREAS, on June 16, 2015, the City Council adopted Ordinance No. 2015-186, which annexed to the City of Denton, Texas approximately 164.10 acres of land generally identified as "PAA1", as legally described in Exhibit "A" and depicted in Exhibit `B", save and except those parcels listed in Exhibit "C", to Ordinance No. 2015-186 and attached herein; and WHEREAS, prior to this annexation, City Council issued direction to staff to offer new non -annexation agreements to property owners within PAA1, including to those properties without valid agricultural, wildlife management, or timber land ad valorem tax exemption; and such annexation agreements were authorized under Texas Local Government Code Chapter 212; and WHEREAS, the Subject Property was eligible for a Chapter 212 non -annexation agreement before PAAI was annexed because, despite no longer having a valid agricultural, wildlife management or timber land ad valorem tax exemption, the City intended to offer the Owners a new 212 non -annexation agreement; and WHEREAS, the Owners of the Subject Property were inadvertently left off of the list of properties eligible for Chapter 212 non -annexation agreements, and were therefore not offered the a non -annexation agreement; and WHEREAS, a signed non -annexation agreement was not included in Ordinance 2015-159, which ordinance accepted all signed non -annexation agreements for PAAI; and WHEREAS, the Subject Property was inadvertently and incorrectly annexed into the City via Ordinance No. 2015-186; and WHEREAS, the Owners have requested that this inadvertent mistake be corrected and that their non -annexation agreement be adopted by the City Council as was originally intended; and WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to reflect only those properties within PAA1 that were actually intended to be annexed by the City Council when approving Ordinance No. 2015-186; and WHEREAS, the City Council finds that the action taken herein is in the public interest; 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. SECTION 2. Ordinance No. 2015-186 is hereby amended to the limited extent necessary to correct an inadvertent mistake in the annexation of the Subject Property, and as corrected, said Subject Property shall be excluded from the parcels within the area of land known as PAAl. The following description of the Subject Property shall be added to the Exhibit C attached hereto and in Ordinance No. 2015-186 as a property not to be annexed. The Subject Property is described as being 5.00 acres of land, more or less, situated in the Samuel C. Wright Sruvey, Abstract No. 1366, Denton County, Texas, with an undivided one-half (1/2) interest being conveyed and described in that certain Warranty Deed dates March 8, 2002 from Dorothy Hall to Thomas Kent Hall and Penny Yvonne Hall, filed for record on March 13, 2001 and recorded in Volume 4793, Page 2236 of the Real Property Records of Denton County, Texas; and the other undivided one-half (1/2) interest in the said 5.00 acres tract of land, more or less, being conveyed to Thomas Kent Hall and Penny Yvonne Hall and described in the certain Deed dated August 15, 2006 from Dorothy B. Hall, as Successor Trustee of the William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust under Trust Agreement dates March 7, 1994, filed August 16, 2006 and recorded in Instrument No. 2006-100817 of the Real Property Records of Denton County, Texas. Said 5.00 acres of land, more or less, is commonly known as DCAD Property ID 232464. SECTION 3. All other provisions of Ordinance No. 2015-186 not specifically amended herein shall continue in force and effect; however, the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 2015-186, to the extent of any such conflict. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Joe Holland and seconded by Jill Jester the ordinance was passed and approved by the following vote [s - 0 ]: Ave Mayor Chris Watts: ✓ Jordan Villarreal, District 1: Nick Stevens, District 2: ✓ Suzi Rumohr, District 3: ✓ Joe Holland, District 4: ✓ George Ferrie, At Large Place 5: ✓ Jill Jester, At Large Place 6: ✓ PASSED AND APPROVED this the 27th ATTEST: KRISTI GILBERT, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: Nay Abstain Absent V day of October , '2026. W" OfKIS WATTS, MAYOR EXHIBIT A EXHIBIT A Annexation Tract PAA1 (Page 1 of 2) BEGINNING at point at the northwest corner of tract described in Ordinance 2006-205, and further described in said Ordinance as a 1/2 inch pin in the Center of Tom Cole Road (east -west road) and C. Wolfe Road from the south; THENCE South 88' 55' 44" East, along the present Denton city limit line as established by Ordinance 2006-205 and being the northerly line of the tract described in Ordinance 2006-205, a distance of 4,685.36 feet, generally with center of said Tom Cole Road to an "x" cut in a concrete bridge; THENCE continuing along the northerly line of the property described in Ordinance 2006-205, and further described in said Ordinance as North 890 43' 13" East, a distance of 2,591.29 feet, generally with the center of said Tom Cole Road, to a point described in Ordinance 2006-205 as a 3/4 inch iron pin set at the northeast corner of the property described in Ordinance 2006-205, said point also being described in Ordinance 69-40 (Tract 1) as the southeast corner of the David Davis Survey, Abstract 356; THENCE northerly along the easterly line of the said David Davis Survey, said line also being the westerly line ofth6 Wm. Wilburn Survey, Abstract 1419, along the present Denton city limit line as established by Ordinance 1969-40 (Tract 1) a distance as described in Ordinance 69-40 as 2,642 feet to a point being the northeast corner of the said David Davis Survey; THENCE westerly, along the present Denton city limit line as established by Ordinance 1969-40 (Tract 1) along the northerly line of the said David Davis Survey and described in Ordinance 69-40 as a distance of 341 feet to a point for corner, said point described in Ordinance 69-40 (Tract 1) as the southwest comer of the said Wm. Wilburn Survey; THENCE northerly along the present Denton city limit line as established by Ordinance 1969-40 (Tract 1) and along the westerly line of the said Wm. Wilburn Survey a distance of 1,853 feet to a point described in Ordinance 69-40 as the southeast corner of the M.H. Davis Survey, Abstract Number 377, and also described as the northeast corner of a tract. of land conveyed to Malcolm M. Long by deed recorded in Volume 389, Page 389 of the Deed Records of Denton County, Texas, said point also being the southeast corner of an City of Denton annexation tract established and described by Ordinance 1983-90; THENCE South 89128' 15" West, along the present Denton city limit line as established by Ordinance 1983-90 a distance of 2,359.92 feet (as described in Ordinance 83-90) to a point for a corner; THENCE North 00' 05' 54" West, along the present Denton city limit line as established by Ordinance 1983-90, a distance of 600.48 feet (as described in Ordinance 83-90) to a point for a corner; Annexation Tract PAA1 (Page 2 of 2) THENCE West, along the present Denton city limit line as established by Ordinance 1983-90, a distance of 675.60 feet (as described in Ordinance 83-90) to a point for a corner lying in the middle of Hickory Creek; THENCE North, along the present Denton city Iimit line as established by Ordinance 1983-90, and along the middle of Hickory Creek with its meanders to the center of Jim Christal Road (as described in Ordinance 83-90) to a point for a comer, said point also lying on the south line of a City of Denton annexation tract established and described by Ordinance 1986-48; THENCE North 890 55' 00" West with said Jim Christal Road, along the present Denton city limit line as established by Ordinance 1886-48, also being the southerly line of the E.A. Orr Survey, Abstract Number 983, a distance of 3,435 feet to a point for a corner, said point being the southwest comer of said Ordinance 1986-48 annexation tract; THENCE South a distance of 30 feet to a point in the south right-of-way line of Jim Christal Road; THENCE West, along the south right-of-way line of Jim Christal Road a distance of 475 feet to a point for corner, said point being the intersection of the south right-of-way of Jim Christal Road and the east right-of-way line of C. Wolfe Road; THENCE in a southerly direction, along courses and distances of the easterly implied right-of-way line of C. Wolfe Road, a total distance of 7,875 to a point for comer, said point being the intersection of the east right-of-way line of C. Wolfe Road and the north right-of-way line of Tom Cole Road; THENCE East, along the north right-of-way line of Tom Cole Road a distance of 500 feet to a point for corner; THENCE South, crossing Tom Cole Road midway, a distance of 25 feet to the POINT OF BEGINNING and containing I,152 acres of land. z 0 z a N 2 a J O. O v HICKORY_ CREEK-�N � r a a U a K O m U OL�&E35:lOMF9 a 0 r w Y a a EXHIBIT C Being 12.611 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 29, 1997 from Andrew J. Strickland and wife, Terry L. Strickland to Deborah June Cottle and Jon Michael King, filed for record on June 2, 1997 and recorded in Instrument Number 97-R0036121 of the Real Property Records of Denton County, Texas. Said 12.611 acres of land, more or less, is commonly known as DCAD Property ID 173419. 2. Being 6.000 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 11, 2004 from Charles Howell and wife, Kami Howell to Patrick J. C De Baca and wife, Laura C De Baca, filed for record on May 28, 2004 and recorded in Instrument Number 2004-70011 of the Real Property Records of Denton County, Texas. Said 6.000 acres of land, more or less, is commonly known as DCAD Property ID 179482. 3. Being 5.433 acres of land, more or less, situated in the David Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated July 9, 1999 from Loe, Warren, Rosenfield, Kaitcher & Hibbs, P.C. to Henry L. Evans, Jr., filed for record on July 26, 1999 and recorded in Volume 4388, Page 22 of the Real Property Records of Denton County, Texas. Said 5.433 acres of land, more or less, is commonly known as DCAD Property ID 164577. 4. Being 10.036 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 4, 1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Charles L. Gregory and wife, Mary R. Gregory, filed for record on May 11, 1994 and recorded in Instrument Number 94-R0038707 of the Real Property Records of Denton County, Texas. Said 10.036 acres of land, more or less, is commonly known as DCAD Property ID 173418. 5. Being 10.00 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Sue Hall Allen, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63255 of the Real Property Records of Denton County, Texas. Said 10.00 acre tract of land is commonly known as DCAD Property ID 53 72 75. Being 22.15 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Sue Hall Allen, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63255 of the Real Property Records of Denton County, Texas. Said 22.15 acre tract of land is commonly known as DCAD Property ID 53 72 76. 6. A 3.13 acre tract of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas more fully describes in that Special Warranty Deed dated March 29, 2014, from Thomas Kent Hall to Jack Buchanan Hall and Cynthia Ann Hall, filed for record on September 22, 2014 and recorded in Instrument Number 2014-96406 of the Real Property Records of Denton County, Texas. Said 3.13 acre tract of land is commonly known as DCAD Property ID 651278. 7. Being 5.000 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas and being more fully described in that certain Warranty Deed from William T. Hall, Jr. and wife, Dorothy Rose Hall to William T. Hall, III and wife, Cynthia J. Hall, filed for record on February 16, 1977 and recorded in Volume 822, Page 729 of the Real Property Records of Denton County, Texas. Said 5.000 acres or land, more or less, is commonly known as DCAD Property ID 64432. 8. Being 19.43 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from the William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Charles M. Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63258 of the Real Property Records of Denton County, Texas. Said 19.43 acre tract of land is commonly known as DCAD Property ID 537281. 9. Being 16.47 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton, County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from the William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to William T. Hall, III, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63257 of The Real Property Records of Denton County, Texas. Said 16.47 acre tract of land is commonly known as DCAD Property ID 537280. 10. Being 8.50 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Thomas Kent Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63260 of the Real Property Records of Denton County, Texas. Said 8.50 acre tract of land is commonly known as DCAD Property ID 53 728 7; Being 8.16 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Thomas Kent Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63260 of the Real Property Records of Denton County, Texas. Said 8.16 acre tract of land is commonly known as DCAD Property ID 64425; and Being 13.43 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract Three of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Thomas Kent Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63260 of the Real Property Records of Denton County, Texas. SAVE AND EXCEPT a 3.13 acre tract of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated March 29, 2014, from Thomas Kent Hall to Jack Buchanan Hall and Cynthia Ann Hall, filed for record on September 22, 2014 and recorded in Instrument Number 2014-96406 of the Real Property Records of Denton County, Texas. Said 3.13 acre tract of land is commonly known as DCAD Property ID 651278. Leaving a called 10.3 acre tract of land commonly known as DCAD Property ID 36641. 11. Being 13.41 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated September 12, 2014, from William T. Hall, III to Jack Buchanan Hall and Cynthia Ann Hall, filed for record on September 22, 2014 and recorded in Instrument Number 2014- 96407 of the Real Property Records of Denton County, Texas. Said 13.41 acre tract of land is commonly known as DCAD Property ID 53 72 79. 12. Being 10.00 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated December 12, 2012, from Charles M. Hall to Jack B. Hall and Cynthia Ann Hall, filed for record on December 14, 2012 and recorded in Instrument Number 2012-141975 of the Real Property Records of Denton County, Texas. Said 10.00 acre tract of land is commonly known as DCAD Property ID 537282 and DCAD Property ID 537283. 13. Being 10.14 acres of land, more or less, situated on the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from the William T. Hall, Jr. and Dorothy B. Hall Revocable Living trust and the W.T. Hall, Jr. Share B Trust to Jack B. Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63259 of the Real Property Records of Denton County, Texas. Said 10.14 acre tract of land is commonly known as DCAD Property ID 537286; and Being 18.25 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from the William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T Hall, Jr. Share B Trust to Jack B. Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63259 of the Real Property Records of Denton County, Texas. Said 18.25 acre tract of land is commonly known as DCAD Property ID 537285 and DCAD Property ID 155005. 14. Being 5.000 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, and being more fully described in that certain Warranty Deed dated April 24, 1975 from W.T. Hall, Jr. and wife, Dorothy R. Hall to Jack B. Hall and Cynthia A. Hall, filed for record on April 30, 1975 and recorded in Volume 743, Page 92 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID 64431. 15. Being 54.87 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from the William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Jan Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63256 of the Real Property Records of Denton County, Texas. Said 54.87 acre tract of land is commonly known as DCAD Property 537277; and Being 8.20 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Jan Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63256 of the Real Property Records of Denton County, Texas. Said 8.20 acre tract of land is commonly known as DCAD Property ID 537278. 16. Being 30.000 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 3, 1994 from Eagle Farms, Inc., and John Porter Auto Sales, Inc. to Joey Hurst and Daphne Hurst, filed for record on May 5, 1994 and recorded in Instrument Number 94-R0036941 of the Real Property Records of Denton County, Texas. Said 30.000 acres of land, more or less, is commonly known as DCAD Property ID 173429. 17. Being Lot 1, Block A, Williamson Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet L, Slide 278 of the Plat Records of Denton County, Texas, and conveyed in that certain Warranty Deed with Vendor's Lien dated March 3, 1999 from Jeffrey R. Goff and Mary Amanda Goff to Joey Wayne Hurst a/k/a Joey Hurst and Daphne D. Hurst, filed for record on March 4, 1999 and recorded in Volume 4289, Page 2139 of the Real Property Records of Denton County, Texas. Said Lot 1, Block A, Williamson Estates is commonly known as DCAD Property ID 173015. 18. Being 12.456 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described as Tract I in that certain Warranty Deed with Vendor's Lien dated January 2, 1998 from John Porter Farms, Inc. to Larry Pockrus and Ladonna Pockrus, filed for record on January 7, 1998 and recorded in Volume 4004, Page 942 of the Real Property Records of Denton County, Texas. Said 12.456 acres of land, more or less, is commonly known as DCAD Property ID 179483. 19. Being 25.00 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 18, 1997 from Mark Gardner and wife, Marilyn Gardner to Michael P. Pritchard and wife, Tammy D. Pritchard, filed for record on February 19, 1997 and recorded in Instrument Number 97-R0010658 of the Real Property Records of Denton County, Texas. Said 25.00 acres of land, more or less, is commonly known as DCAD Property ID 168338 and DCAD Property ID 168336, respectively. 20. Being 5.227 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated August 10, 1994 from Eagle Farms Inc. and John Porter Auto Sales, Inc. to Larry Pockrus and wife, Ladonna Pockrus, filed for record on September 9, 1994 and recorded in Instrument Number 94-R0069728 of the Real Property Records of Denton County, Texas. Said 5.227 acres of land, more or less, is commonly known as DCAD Property ID 174343. 21. Being 7.268 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated August 10, 1994 from Eagle Farms Inc. and John Porter Auto Sales, Inc. to Larry Pockrus and wife, Ladonna Pockrus, filed for record on September 8, 1994 and recorded in Instrument Number 94-R0069727 of the Real Property Records of Denton County, Texas. Said 7.268 acres of land, more or less, is commonly known as DCAD Property ID 174342. 22. Being 10.00 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 10, 1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Bruce Putnam and wife, Donna Putnam, filed for record on May 17, 1994 and recorded in Instrument Number 94-R0040313 of the Real Property Records of Denton County, Texas. Said 10.000 acres of land, more or less, is commonly known as DCAD Property ID 174339. 23. Being 6.266 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated August 5, 1994 from Eagle Farms Inc. and John Porter Auto Sales, Inc. to John Werner and wife, Tamera Werner, filed for record on September 8, 1994 and recorded in Instrument Number 94-R0069725 of the Real Property Records of Denton County, Texas. Said 6.266 acres of land, more or less, is commonly known as DCAD Property ID 174341. 24. Being 1.843 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Cash Warranty Deed dated January 2, 1998 from Delbert H. Wiley and Ruth A. Wiley to John D. Werner and Tamera L. Werner, filed for record on January 5, 1998 and recorded in Volume 4002, Page 1353 of the Real Property Records of Denton County, Texas. Said 1.843 acres of land, more or less, is commonly known as DCAD Property ID 36694. 25. Being 15.00 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 11, 1993 from Eagle Farms, Inc. to Gary Wiley and wife, Tamara Wiley, filed for record on November 24, 1993 and recorded in Instrument Number 93-R0085412 of the Real Property Records of Denton County, Texas. Said 15.00 acres of land, more or less, is commonly known as DCAD Property ID 170983 and DCAD Property ID 170981, respectively. 26. Being a called 132.433 acre tract of land, more or less, situated in the John Wright Survey, Abstract No. 1365 and the David Davis Survey Abstract No. 356, Denton County, Texas, and being more fully described in that certain Special Warranty Deed with Vendor's Lien dated April 29, 1993 from Tarrant Bank to Joe Don Womack, filed for record on May 4, 1993 and recorded in Instrument Number 93-R0026909 of the Real Property Records of Denton County, Texas. Said 132.433 acre tract of land, more or less, is commonly known as DCAD Property ID 36709 and DCAD Property ID 36638, respectively. 27. Being the South one-half (1/2) of a 150.89 acre tract of land, more or less, situated in the Isaac McCormick Survey, Abstract No. 955, Denton County, Texas, described in that certain Warranty Deed dated January 3, 1966 from Walter B. (Bud) Wolf, Grace Yarbrough and husband, M.C. Yarbrough, Jr.; and Mabel Dickey and husband, G.C. Dickey, filed for record on January 25, 1966 and recorded in Volume 533, Page 544 of the Real Property Records of Denton County, Texas. Said South one-half (1/2) of the 150.89 acre tract of land, more or less, is commonly known as DCAD Property ID 36702. 28. Being 152 acres of land, more or less, situated in the Ann E. Mays Survey, Abstract No. 844, Denton County, Texas, described in Tract 1 of that certain Settlement Agreement dated September 12, 2000 by and between Jeraldine Covington, as Personal Representative of the Estate of Mabel W. Dickey, Deceased, Jeraldine Covington, James Covington, Bert E. Yarbrough and Betty Schluter, filed for record on September 12, 2001 and recorded in Volume 4920, Page 3183 of the Real Property Records of Denton County, Texas. Said 152 acres of land, more or less, is commonly known as DCAD Property ID 37080 and DCAD Property ID 37077, respectively. 29. Being the North one-half (1/2) of the 150.89 acre tract of land, more or less, situated in the Isaac McCormick Survey, Abstract No. 955, Denton County, Texas, described in Tract 2 of that certain Settlement Agreement dated September 12, 2000 by and between Jeraldine Covington, as Personal Representative of the Estate of Mabel W. Dickey, Deceased, Jeraldine Covington, James Covington, Bert E. Yarbrough and Betty Schluter, filed for record on September 12, 2001 and recorded in Volume 4920, Page 3183 of the Real Property Records of Denton County, Texas. Said North one-half (1/2) of the 150.89 acre tract of land, more or less, is commonly known as DCAD Property ID 36705. 30. Being 9.14 acres of land, more or less, situated in the I. McCormick Survey, Abstract No. 955, Denton County, Texas, and being more fully described in that certain Quit Claim Deed dated March 20, 2008 from Eagle Oil & Gas Co. to Bert Yarbrough and Betty Yarbrough Schluter, filed for record on March 28, 2008 and recorded in Instrument Number 2008-57703 of the Real Property Records of Denton County, Texas. Said 9.14 acres of land, more or less, is commonly known as DCAD Property ID 36699. 31. Being 14.50 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated February 18, 2004 from Phillip E. Crombie and Desiree A. Crombie to Leslie Buell, filed for record on February 23, 2004 and recorded in Instrument Number 2004- 22281 of the Real Property Records of Denton County, Texas. Said 14.50 acres of land, more or less, is commonly known as DCAD Property ID 170982. 32. Being 10.000 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 24, 1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Joe Burton Harris and wife, Jean Ann Harris, filed for record on June 8, 1994 and recorded in Instrument Number 94-R0046325 of the Real Property Records of Denton County, Texas. Said 10.000 acres of land, more or less, is commonly known as DCAD Property ID 173423. EXHIBIT D Being 5.00 acres of land, more or less, situated in the Samuel C. Wright Sruvey, Abstract No. 1366, Denton County, Texas, with an undivided one-half (1/2) interest being conveyed and described in that certain Warranty Deed dates March 8, 2002 from Dorothy Hall to Thomas Kent Hall and Penny Yvonne Hall, filed for record on March 13, 2001 and recorded in Volume 4793, Page 2236 of the Real Property Records of Denton County, Texas; and the other undivided one- half (1/2) interest in the said 5.00 acres tract of land, more or less, being conveyed to Thomas Kent Hall and Penny Yvonne Hall and described in the certain Deed dated August 15, 2006 from Dorothy B. Hall, as Successor Trustee of the William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust under Trust Agreement dates March 7, 1994, filed August 16, 2006 and recorded in Instrument No. 2006-100817 of the Real Property Records of Denton County, Texas. Said 5.00 acres of land, more or less, is commonly known as DCAD Property ID 232464.