Legends Ranch Signed Strategic Partnership Agreement STRATEGIC PARTNERSHIP AGREEMENT BY AND BETWEEN
THE CITY OF DENTON,TEXAS AND
LEGENDS RANCH MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY
STATE OF TEXAS §
COUNTY OF DENTON §
This Strategic Partnership Agreement (this "Agreement") is entered into by the City of
Denton, Texas (the "City"), and Legends Ranch Municipal Utility District of Denton County, a
political subdivision of the State of Texas, acting by and through its duly authorized Board of
Directors (the"District"), under the authority of Section 43.0751 of the Texas Local Government
Code (the"Local Government Code").
RECITALS
WHEREAS,Local Government Code Section 43.0751 (the"Act")authorizes the City and
the District to negotiate and enter into a strategic partnership agreement by mutual consent; and
WHEREAS, the District encompasses approximately 521.59 acres, all of which is located
within the City's extraterritorial jurisdiction, described by metes and bounds and depicted on
Exhibit"A" (the"Property"); and
WHEREAS, this Agreement authorizes the City to annex certain portions of the Property
that have been or may in the future be designated for commercial use for limited purposes for the
purpose of collecting Sales and Use Tax Revenues (hereinafter defined) within such tracts
designated for Commercial Use and to annex all of the Property for full purposes upon the terms
contained herein; and
WHEREAS,pursuant to this Agreement,the City will retain fifty percent(50%)of all Sales
and Use Tax Revenues (hereinafter defined); and
WHEREAS, the City and the District acknowledge that this Agreement provides benefits
to each party, including revenue, services and regulatory benefits.
NOW, THEREFORE, for and in consideration of the mutual agreements, covenants and
conditions contained in this Agreement,and for other good and valuable consideration,the receipt
and sufficiency of which are hereby acknowledged,the City and the District agree as follows:
018144. -6389.v 1
ARTICLE I
FINDINGS
A. The District is a municipal utility district encompassing approximately 521.59 acres
that is located within the City's extraterritorial jurisdiction.
B. The District was created pursuant to Article XVI, Section 59, and Article III,
Section 52(b)(3), of the Texas Constitution;
C. On June 28,2022,the City Council adopted Resolution No. 22-1351 consenting to
the creation of the District(the "Consent Resolution").
D. The District provided notice of two public hearings concerning the adoption of this
Agreement following the District's notification procedures for other matters of public importance,
in accordance with the procedural requirements of the Act.
E. The Board of Directors of the District conducted two public hearings regarding this
Agreement, at which members of the public who wished to present testimony or evidence
regarding this Agreement and the proposed limited purpose annexation were given the opportunity
to do so, in accordance with the procedural requirements of the Act, on August 14, 2024,at 12:00
p.m. at the offices of Coats Rose, P.C., 16000 N. Dallas Parkway, Suite 350, Dallas, Texas 75248
and on September 17, 2024, at 12:00 p.m. at the offices of Coats Rose, P.C., 16000 N. Dallas
Parkway, Suite 350, Dallas, Texas 75248.
F. The Board of Directors of the District approved this Agreement on September 17,
2024, in open session at a meeting held in accordance with Chapter 551 of the Texas Government
Code.
G. The City provided notice of two public hearings concerning the adoption of this
Agreement by publishing said notices in a newspaper of general circulation in the City and in the
District, in accordance with the procedural requirements of the Act.
H. The City Council conducted two public hearings regarding this Agreement, at
which members of the public who wished to present testimony or evidence regarding this
Agreement and the proposed limited purpose annexation were given the opportunity to do so, in
accordance with the procedural requirements of the Act, on , 202_,at p.m. at
the City Council Chambers,and on ,202_,at p.m. at the City Council Chambers.
I. The City Council approved this Agreement on , 202_, in open session
at a meeting held in accordance with Chapter 551 of the Texas Government Code,which approval
occurred after the Board of Directors of the District approved this Agreement.
01 8144.000001\4894-1247-6389.v l
J. All procedural requirements imposed by law for the adoption of this Agreement
have been met.
K. In accordance with the requirements of Subsection(p)(2)of the Act,this Agreement
provides benefits to the City and the District, including revenue, services and regulatory benefits
which are reasonable and equitable with regard to the benefits provided to the other.
ARTICLE II
DEFINITIONS
Terms used in this Agreement shall have the following meanings:
"Act" means the Texas Local Government Code, Section 43.0751, and any amendments
thereto.
"Agreement" means this Strategic Partnership Agreement between the City and the
District.
"Board of Directors"means the Board of Directors of the District.
"City"means the City of Denton,Texas, a home rule municipal corporation of the State of
Texas.
"City Council"means the City Council of the City.
"City Share" means the City's share of the Sales and Use Tax Revenues as defined in
Section 4.2 of this Agreement.
"Commercial Property" means those certain tracts hereinafter designated for commercial
uses, which said tracts are within the City's ETJ.
"Comptroller"means the Comptroller of Public Accounts for the State of Texas.
"Consent Resolution"means the City's Resolution No. 22-1351 consenting to the creation
of the District.
"Development Agreement"means the Amended and Restated Development Agreement by
and between the City,D.R. Horton—Texas,Ltd.,a Texas limited partnership,and Forestar(USA)
Real Estate Group, Inc., a Delaware corporation, effective August 23, 2024, regarding
development of the Property.
"District"means Legends Ranch Municipal Utility District of Denton County.
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"District Share"means the District's share of the Sales and Use Tax Revenues as defined
by Section 4.2 of this Agreement.
"ETJ" means the extraterritorial jurisdiction of a city as defined by the Local Government
Code, as amended.
"Effective Date"means the date on which the City adopts this Agreement.
"Government Code"means the Texas Government Code, as amended.
"Limited Purpose Annexation Period"means the period commencing on the effective date
of the limited purpose annexation of the Limited Purpose Property and ending upon the full
purpose annexation or disannexation of such property.
"Limited Purpose Property" means the property in the District that is within the City's
ETJ and is annexed for limited purposes pursuant to this Agreement.
"Local Government Code" means the Texas Local Government Code, as amended.
"Notice"means notice as defined in Section 8.1 of this Agreement.
"Party" means, individually, the City or the District, their successors and assigns as
permitted by Section 8.8 of this Agreement.
"Property" means the approximately 521.59 acres within the City's extraterritorial
jurisdiction,described by metes and bounds and depicted on Exhibit"A"
"Sales and Use Tax Revenues"means those revenues received by the City from the sales
and use tax authorized to be imposed by the City on sales consummated at locations within the
Limited Purpose Property pursuant to the Act and Chapter 321 of the Tax Code and whose use is
not otherwise controlled or regulated, in whole or in part, by another governmental entity,
authority or applicable law,ordinance, rule or regulation.
"Tax Code"means the Texas Tax Code, as amended.
ARTICLE III
ADOPTION OF AGREEMENT AND
LIMITED PURPOSE ANNEXATION OF COMMERCIAL PROPERTY
3.1 Public Hearings. The District and the City acknowledge and agree that prior to the
execution of this Agreement,the governing bodies of the District and the City have conducted two
public hearings for the purpose of considering the adoption of this Agreement and that such
0 18144.00000 1\4894-1247-6389.v 1
hearings were noticed and conducted in accordance with the terms of the Act,this Agreement and
Chapter 551 of the Government Code.
3.2 Effective Date. Pursuant to Subsection (c) of the Act, this Agreement is effective
on the date of adoption of this Agreement by the City.
3.3 Filing in Property Records. The City shall file this Agreement in the Real Property
Records of Denton County,Texas.
3.4 Limited Purpose Annexation of Commercial Property. The District and the City
agree that the City may annex all or any portion of the Commercial Property for the limited purpose
of collecting Sales and Use Tax Revenues within the Commercial Property pursuant to Subsection
(k) of the Act. The District acknowledges that the City Council may adopt one or more limited
purpose annexation ordinances at one or more meetings conducted in accordance with Chapter
551 of the Government Code and further acknowledges that no additional notices, hearings or
other procedures are required by law in order to approve such limited purpose annexations. The
City may annex for limited purposes any portion of the Commercial Property at any time after
Owner,or any subsequent owner of the Commercial Property,submits a final plat for such property
to the City.
3.5 Consent to Limited Purpose Annexation. The District, on behalf of itself and all
present and future owners of land within the District, hereby requests that the City annex the
Commercial Property for limited purposes as provided in this Agreement. The District consents
to such annexation and to the collection of Sales and Use Tax Revenues by the City within such
Limited Purpose Property. Such consent shall bind the District and all current and future owners
of land within the District.
ARTICLE IV
TAXATION AND PROVISIONS OF SERVICES
4.1 Collection of Sales and Use Tax Revenues. The City may impose a sales and use
tax within the Limited Purpose Property pursuant to Subsection (k) of the Act. The sales and use
tax shall be imposed on all eligible commercial activities at the rate of two percent(2%), or other
rate allowed under future amendments to Chapter 321 of the Tax Code and imposed by the City.
Collection of the Sales and Use Tax Revenues shall take effect on the date described in Section
321.102 of the Tax Code.
4.2 Payment of Sales and Use Tax. In return for the benefits received by the City
pursuant to this Agreement,the City shall pay to the District an amount equal to fifty percent(50%)
of the Sales and Use Tax Revenues paid to the City as reflected in sales tax reports provided by
the Comptroller to the City to be used for any lawful purpose of the District. All amounts payable
to the District are hereafter referred to as the"District Share." The City shall pay the District Share
within thirty (30) days after the City receives the payment and the sales tax report reflecting such
018144. -6389.v 1
revenue from the Comptroller. Any payment of the District Share not made within such thirty(30)
day period shall bear interest calculated in accordance with Section 2251.025 of the Government
Code. The City shall retain all Sales and Use Tax Revenues that do not constitute the District
Share (the "City Share"). To the extent allowed by law, the City shall deliver to the District a
condensed version of each monthly area sales tax report provided by the Comptroller, containing
only the contents of the sales tax report relating to retail sales and retailers in the Property within
thirty (30)days of the City's receipt of the sales tax report.
4.3 Notification of Comptroller. The City shall send notice of this Agreement,together
with other required documentation,to the Comptroller in the manner provided by Section 321.102
of the Tax Code, after the City Council annexes any portion of the Limited Purpose Property for
limited purposes.
ARTICLE V
FULL PURPOSE ANNEXATION
5.1 Full Purpose Annexation and Conversion Date. In accordance with the provisions
of Section 43.0751(f)(5) of the Act, the District consents to the full purpose annexation of the
District by the City at any time on or after one hundred percent (100%) of the land in the District
capable of being developed has been developed with water, sanitary sewer, and drainage facilities
and roads (collectively, "Facilities") and the District has issued its bonds to fully reimburse the
developer of such Facilities to the fullest extent allowed under the then current rules of the Texas
Commission on Environmental Quality. The City agrees not to annex the District for full
municipal purposes prior to such time. At least sixty (60) days prior to the date the City intends
to annex the District,the City shall provide the District with a written notice of intent to annex the
District and the date planned for annexation,which date shall constitute the full purpose annexation
conversion date under the Act. The City further agrees that the full purpose annexation of the
District by the City is further subject to the limitations contained in the Development Agreement.
5.2 Assumption of District Duties. Prior to the full purpose annexation conversion
date, the District remains authorized to exercise all powers and functions of a municipal utility
district provided by existing law or any amendments or additions thereto. The District's assets,
liabilities, indebtedness, and obligations will remain the responsibility of the District during the
period preceding full-purpose annexation and conversion. The District agrees that beginning on
the Effective Date and until the full purpose annexation conversion date,the District shall maintain
all of its roadway, property and utility infrastructure in good condition and repair. Upon the full
purpose annexation conversion date Sections 43.075(c) and (d) of the Act shall apply and, (i) the
City shall succeed to the powers, duties, assets, and obligations of the District; and (ii) the City
shall take over all the property and other assets of the District, assume all the debts,liabilities,and
obligations of the District, and perform all the functions of the District. The City and the District
agree to fully comply with all requirements in Section 43.075 of the Texas Local Government
Code.
01 8144.000001\4894-1247-6389.v 1
ARTICLE VI
TERM
This Agreement commences on the Effective Date and continues until the City annexes all
of the Property for full purposes in accordance with the terms hereof. The provisions of this
Agreement relating to the collection of sales and use tax will automatically terminate with regard
to any portion of the Property upon disannexation or full purpose annexation of such property.
ARTICLE VII
BREACH,NOTICE AND REMEDIES
7.1 Notification of Breach. If either Party commits a breach of this Agreement, the
non-breaching Party shall give Notice to the breaching Party that described the breach in
reasonable detail.
7.2 Cure of Breach. The breaching Party shall commence curing such breach within
fourteen(14)calendar days after receipt of Notice of the breach and shall complete the cure within
fourteen(14)calendar days from the date of commencement of the cure; however, if the breach is
not reasonable susceptible to cure by the breaching Party within such fourteen(14)day period,the
non-breaching Party shall not bring any action so long as the breaching Party has commenced to
cure the breach within such fourteen (14) day period and diligently completes the cure within a
reasonable time without unreasonable cessation.
7.3 Remedies for Breach. If the breaching Party does not substantially cure such breach
within the stated period of time, the non-breaching Party may, in its sole discretion, and without
prejudice to any other right under this Agreement, law, or equity, seek relief available at law or in
equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act,
specific performance, mandamus and injunctive relief; provided, however, the non-breaching
Party shall not be entitled to terminate this Agreement. The Parties specifically waive any right
that they have or in the future may have to terminate this Agreement. Damages, if any, to which
any non-breaching Party may be entitled shall be limited to actual damages and shall not include
special or consequential damages.
ARTICLE VIII
ADDITIONAL PROVISIONS
8.1 Notices. All notices under this Agreement ("Notice") shall be in writing, shall be
signed by or on behalf of the Party giving the Notice, and shall become effective as follows: (a)
on the third(3rd)business day after being deposited with the United States mail service, Certified
Mail,Return Receipt Requested with a confirming copy sent by facsimile; (b)on the day delivered
by private delivery or private messenger service(such as FedEx or UPS)as evidenced by a receipt
signed by any person at the delivery address (whether or not such person is the person to whom
the Notice is addressed); or (c)otherwise on the day actually received by the person to whom the
018144. -6389.v 1
Notice is addressed,including,but not limited to,delivery in persona and delivery by regular mail.
All Notices given pursuant to this section shall be addressed as follows:
To the City: Attn: City Manager
City of Denton, Texas
215 E. McKinney St.
Denton, TX 76201
With a copy to: Attn: City Attorney
City of Denton, Texas
215 E. McKinney St.
Denton, TX 76201
To the District: Legends Ranch Municipal Utility District
of Denton County
Attn: Mindy L. Koehne
Coats Rose, P.C.
16000 North Dallas Parkway, Suite 350
Dallas, Texas 75248
8.2 No Waiver. Any failure by a Party to insist upon strict performance by the other
Party of any provision of this Agreement shall not be deemed a waiver thereof,and the Party shall
have the right at any time thereafter to insist upon strict performance of any and all of the
provisions of this Agreement. No provision of this Agreement may be waived except in writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purpose
for which it is given. No waiver by any Party hereto of any term or condition of this Agreement
shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver
of the same term or condition.
8.3 Governing Law and Venue. This Agreement must be construed and enforced in
accordance with the laws of the State of Texas, as they apply to contracts performed within the
State of Texas and without regard to any choice of law rules or principles to the contrary. The
Parties acknowledge that this Agreement is performable in Denton County, Texas, and hereby
submit to the jurisdiction of the courts of Denton County, Texas, and agree that any such court
with proper jurisdiction shall be a proper forum for the determination of any dispute arising
hereunder.
8.4 Authority to Execute. The City warrants that this Agreement has been approved by
the City Council in accordance with all applicable public meeting and public notice requirements
(including, but not limited to, notices required by the Texas Open Meetings Act) and that the
individual executing this Agreement on behalf of the City has been authorized to do so. The
District warrants that this Agreement has been approved by the Board in accordance with all
applicable public meeting and public notice requirements (including, but not limited to, notices
018144. -6389.v 1
required by the Open Meetings Act) and the individual executing this Agreement on behalf of the
District has been authorized to do so.
8.5 Entire Agreement; Severability_. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior agreements, whether oral or written, covering the
subject matter of this Agreement. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable for any reason, then (a) such unenforceable provision
shall be deleted from this Agreement; (b)the unenforceable provision shall,to the extent possible,
be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder
of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the
intent of the Parties.
8.6 Changes in State or Federal Law. If any state or federal law changes so as to make
it impossible for the City or the District to perform its obligations under this Agreement,the Parties
will cooperate to amend this Agreement in such a manner that is most consistent with the original
intent of this Agreement and legally possible.
8.7 Additional Documents and Acts. The Parties agree that at any time after execution
of this Agreement, they will, upon request of the other Party, execute and/or exchange any other
documents necessary to effectuate the terms of this Agreement and perform any further acts as the
other Party may reasonably request to effectuate the terms of this Agreement.
8.8 Assi r1�ty, Successors and Assigns. This Agreement shall not be assignable by
any Party without the other Parry's written consent. This Agreement shall be binding upon and
inure to the benefit of the Parties and their respective representatives, successors and assigns.
8.9 Amendment. This Agreement may be amended only by written agreement with
approval of the governing bodies of both the City and the District.
8.10 Interpretation. The Parties acknowledge that each Party and, if it so chooses, its
counsel, have reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting Party shall not be employed in
the interpretation of this Agreement or any amendments or exhibits hereto. As used in this
Agreement,the term"including"means"including,without limitation"and the term"days"means
calendar days,not business days. Wherever required by the context, the singular shall include the
plural, and the plural shall include the singular. Each defined term herein may be used in its
singular or plural form whether or not so defined
8.11 No Third-Party Beneficiaries. This Agreement is solely for the benefit of the City
and the District. Neither the City nor the District intends by any provision of this Agreement to
create any rights in any third-party beneficiaries or to confer any benefit or enforceable rights
under this Agreement or otherwise upon anyone other than the City and the District.
018144. -6389.v I
8.12 Governmental Powers. By execution of this Agreement, neither the City nor the
District waives or surrenders any of its respective governmental powers, immunities or rights,
except as specifically waived pursuant to this section. The City and the District mutually waive
their governmental immunity from suit and liability only as to any action brought by a Party to
pursue the remedies available under this Agreement and only to the extent necessary to pursue
such remedies. Nothing in this section shall waive any claims, defenses or immunities that the
City or the District has with respect to suits against the City or the District by persons or entities
not a party to this Agreement. Nothing in this Agreement is intended to delegate or impair the
performance by the City of its governmental functions, and the City waives any claim or defense
that any provision of this Agreement is unenforceable on the grounds that it constitutes an
impermissible delegation or impairment of the City's performance of its governmental functions.
8.13 Incorporation of Exhibits by Reference. All exhibits attached to this Agreement
are incorporated into this Agreement by reference for the purposes set forth herein, as follows:
Exhibit A Legal Description and Map of Property
8.14 Counterpart Originals. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original.
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CITY OF DENTON, TEXAS
By:
Mayor
Date:
ATTEST:
By:
City Secretary
APPROVED AS TO FORM
By:
City Attorney
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me, the undersigned notary, on the day
of I , by , Mayor, and , City Secretary, of
the city of Denton,Texas, on behalf of said city.
Notary Public in and for the State of Texas
(NOTARY SEAL)
0 18144.00000 1\4894-1247-6389.v 1
LEGENDS RANCH MUNICIPAL UTILITY DISTRICT
By:
Title:
Date:
STATE OF TEXAS) §
COUNTY OF !% /��S §
This instrument was acknowledged before me, the undersigned notary, on the /7 tay of
jn�emaU , by of the Board of Directors of
Legends Ranch Municipal Utility istrict, on behalf of said district.
4� 4;� �z
Notary Public in and for the State of Texas
(NOTARY SEAL)
CARSON H LUDDECKE
NOTARY ID#13330768-8
My Commission Expires
September 01, 2025
01 8144.000001\4894-1247-6389.v 1
EXHIBIT "A"
The Property
BEING a tract of land located in the Thomas J. Egan Survey,Abstract No.406,the M.E.P&P. RR. Co.
Survey,Abstract No. 1470,the George Orr Survey,Abstract No. 985,the William Davis Survey,Abstract
No.374,and the Thomas Polk Survey,Abstract No.998,City of Denton Extraterritorial Jurisdiction(E.T.J.),
Denton County, Texas, part of a called 565.364 acre tract described in the deed to Legends Ranch
Development, LLC, recorded in Instrument No. 2019-146384 of the Official Records of Denton County,
Texas(O.R.D.C.T.),and being more particularly described by metes and bounds as follows:
BEGINNING at a 1/24nch iron rod found on the westerly right-of-way line of Thomas J.Egan Road(formerly
Longhorn Drive),a 22.5 foot wide right-of-way dedication,according to the plat of Golden Hoof Ranchettes,
an addition to Denton County,recorded In Volume 4,Page 8 of the Plat Records of Denton County,Texas
(P.R.D.C.T.),at the northeast comer of a 10-foot wide right-of-way dedication according to the plat of Lot
1 R1 and 1 R2 of Golden Hoof Ranchettes,an addition to Denton County, recorded in Document No.2015-
319 P.R.D.C.T.,far a northerly southeast comer of said 565.364 acre tract and an easterly southeast comer
hereof;
THENCE North 8300&15"West,with a northerly south line of said 565.364 acre tract,and the north line of
said 10-foot right-of-way dedication, the north line of Lot 1R1 of said Lot 1R1 and 1R2 of Golden Hoof
Ranchettes,and the north line of Lot 6,Block A of said Golden Hoof Ranchettes,a distance of 960.54 feet
to a 5/8-Inch iron rod with plastic cap stamped"KHA"set In the easterly right-of-way line of Golden Hoof
Drive, a 60-foot right-of-way as dedicated according to the plat of said Golden Hoof Ranchettes, for the
northwest comer of said Lot 6,an Interior comer of said 565.364 acre tract,and an interior comer hereof;
THENCE South 0002645"West,with the easterly right-of-way line of said Golden Hoof Drive,the west line
of said Lot 6, and an east line of said 565.364 acre tract, a distance of 417.42 feet to a 5/84nch iron rod
with plastic cap stamped"KHA"set at the beginning of a tangent curve to the left with a radius of 367.50
feet,a central angle of 05053'02",and a chord bearing and distance of South 02029'46"East,37.72 feet;
THENCE In a southeasterly direction, departing the easterly right-of-way line of said Golden Hoof Drive,
the west line of said Lot 6,and east line of said 565.364 acre tract,and crossing said Lot 6,with said tangent
curve to the left,an arc distance of 37.74 feet to a 5/8-inch iron rod with plastic cap stamped"KHA"set for
comer,
THENCE continuing across said Lot 6 and crossing said 565.364 acre tract the following courses and
distances:
South 05026'18" East, a distance of 100.54 feet to a 5/8-inch iron rod with plastic cap stamped
"KHA"set at the beginning of a tangent curve to the right with a radius of 432.50 feet, a central
angle of 12011'09",and a chord bearing and distance of South 0003917"West,91.81 feet,
In a southwesterly direction,with said curve to the right,an arc distance of 91.98 feet to a 5/84nch
Iron rod with plastic cap stamped"KHA"set at the end of said curve,
South 604451"West,a distance of 36.02 feet to a 5/8-Inch iron rod with plastic cap stamped"KHA"
set for comer,
South 3801609"East,a distance of 28.28 feet to a 5/8-inch iron rod with plastic cap stamped"KHA"
set on the northerly right-ofway Une of U.S.Highway 380.for a southeast comer hereof
THENCE North 83015'09"West, along the northerly right-of-way line of said U.S. Highway 380,with the
easterly south line of said 565.364 acre tract,a distance of 105.00 feet to a 5/8-inch iron rod with plastic
cap stamped"KHA"set for the easterly southwest corner hereof.
0 18144.00000 1\4894-1247-6389.v 1
THENCE departing the northerly right-of-way line of said U.S.Highway 380,across said 565.364 acre tract,
the following courses and distances:
North 51°44'51"East,a distance of 28.28 feet to a 5/84nch iron rod with plastic cap stamped"KHA"
set for comer,
North 06°401"East,a distance of 36.02 feet to a 5/84nch iron rod with plastic cap stamped"KHA"
set at the beginning of a tangent curve to the left with a radius of 367.50 feet, a central angle of
1201 T09",and a chord bearing and distance of North 00*39117"East,78.01 feet,
In a northeasterly direction, with said curve to the left, an arc distance of 78.16 feet to a 5/8-inch
iron rod with plastic cap stamped"KHA"set at the end of said curve,
North 0502618"West, a distance of 100.54 feet to a 5/84nch Iron rod with plastic cap stamped
"KHA"set at the beginning of a tangent curve to the right with a radius of 432.50 feet, a central
angle of 05053'02",and a chord bearing and distance of North 02029'46"West,44.40 feet,
In a northwesterly direction,with said curve to the right,an arc distance of 44.42 feet to a 5/84nch
iron rod with plastic cap stamped"KW set at the end of said curve,
North 0002645"East,a distance of 142.96 feet to a point for an interior comer hereof,
North 83020'39"West,a distance of 2,563.89 feet to a point for an interior comer hereof,
North 0002645"East,a distance of 142.96 feet to a point for comer,
North 83020'39"West,a distance of 2,563.89 feet to a point for comer;
North 06044'51"East,a distance of 11.36 feet to a point for comer,
North 83015111"West,a distance of 146.29 feet to a point for comer,
North 75012'40"West,a distance of 345.75 feet to a point for comer,
North 52"4328"West,a distance of 459.57 feet to a point for comer,
North 8301511"West, a distance of 332.29 feet to a point for comer,
South 06044'49"West,a distance of 548.83 feet to a point for comer,
North 8301609"West,a distance of 42.46 feet to a point for comer,
South 0604449"West,a distance of 181.00 feet to a point a point on the northerly right-of-way line
of said U.S. Highway 380, a southerly line of said 565.364 acre tract, for the westerly southeast
comer hereof,
THENCE along the northerly right-of-way lines of said U.S. Highway 380, with southerly lines of said
565.384 we tract,the following course and distance:
North 83"1609"West,a distance of 1,022.88 feet to an aluminum TxDOT right-of-way monument
found for the southeast comer of a called 30.470 acre tract of land described In the deed to Larry
L.Salley and spouse,Patricia L.Bailey,recorded in Volume 5409,Page 4755 of the Deed Records
of Denton County,Texas(D.R.D.C.T.),the southerly southwest comer of said 565.364 acre tract,
and the southwesterly southwest comer hereof,
018144.000001\4894-1247-6389.v 1
THENCE North 00011'25" East,with the east line of said 30.470 acre tract and the southerly west line of
said 565.364 acre tract,a distance of 1022.88 feet to a 2-inch pipe found in the south line of a called 43.92
acre tract described in the deed to Jan K. Bradley, recorded in Instrument No. 93-R0091889 O.R.D.C.T.,
for the northeast comer of said 30.470 acre tract,the southerly northwest comer of said 565.364 acre tract,
and the southerly northwest comer hereof,
THENCE North 8902T40"East,with the south line of said 43.92 acre tract and a southerly north line of said
565.364 acre tract,a distance of 1075.88 feet to a point on the approximate centerline of a creek,for the
southeast comer of said 43.92 acre tract,an interior comer of said 565.364 acre tract and an interior comer
hereof;
THENCE along the centerline of said creek,with easterly lines of said 43.92 acre tract, and westerly lines
of said 565.364 acre tract,the following courses and distances:
North 54019'43"West, a distance of 225.34 feet to a point for comer,
North 69029'24"West,a distance of 449.26 feet to a point for comer,
North 17039'04"West, a distance of 543.10 feet to a point for the northeast comer of said 43.92
acre tract,an interior comer of said 565.364 acre tract,and an interior comer hereof,
THENCE North 8904846"West,with the north line of said 43.92 acre tract and a northwesterly south line
of said 565.364 acre tract,a distance of 2092.38 feet to a point within the margins of Nail Road,In the east
line of a called 30.297 acre tract of land described in the deed to Brockland Properties, LLC, recorded in
Instrument No. 2017-78184 O.R.D.C.T., for the northwest comer of said 43.92 acre tract, the northerly
southwest comer of said 565.364 acre tract,and the northwesterly southwest comer hereof,a 1/2-Inch iron
rod found for reference on the east margin of said Nail Road bears South 8904846"East 18.00 feet from
said point for comer,
THENCE North 00°13'42"East,within the margins of said Nail Road,with the east line of said 30.297 acre
tract and the westemmost west line of said 565.364 acre tract, a distance of 631.58 feet to a 1/2-inch rod
found In the southeasterly right-of-way line of Burlington Northern Railroad,on the northwest margin of said
Nail Road,for the north comer of said 30.297 acre tract,a northwest corner of said 565.364 acre tract,and
a northwest comer hereof,
THENCE North 28040'26" East, with the southeast right-of-way line of said Burlington Northern Railroad,
along the northwest margin of said Nail Road,with the Northwest line of said 565.364 acre tract,a distance
of 1,355.15 feet to a point within the margins of Jackson Road, for the westerly northwest comer of said
565.364 acre tract and the westerly northwest comer hereof,
THENCE North 89°32'55" East, within the margins of said Jackson Road, with the westerly north line of
said 565.364 acre tract, the south line of a called 5.241 acre tract of land described in the deed to 2018
Stone Family Trust recorded In Instrument No. 2018-105715 O.R.D.C.T., and the southerly south line of
said a called 298.204 acre tract of land described in the deed to McCart St, LLC, recorded in Instrument
No. 2018-5215 O.R D.C.T., a distance of 1746.66 feet to a 1/2-inch iron rod found for the southerly
southeast comer of said 298.204 acre tract, an interior comer of said 565.364 acre tract and an interior
comer hereof,
THENCE North 00057'04"East,continuing within the margins of said Jackson Road,with the southwesterly
east line of said 298.204 acre tract, a northerly west line of said 565.364 acre tract,a distance of 138.90
feet to a 1/2-Inch Iron red found for the southwest gamer of a called 10.00 acre tract described In the deed
to Russell Mark Sales and wife, Shelly Ann Sales, recorded in Instrument No. 93-R0030700 O.R.D.C.T.,
the northernmost northwest comer of said 565.364 acre tract and the northernmost northwest comer hereof,
THENCE North 89014'20"East,continuing within the margins of said Jackson Road,with the south line of
said 10.000 acre Sales tract, the south line of a called 10.00 acre tract of land described in the deed to
018144.000001\4894-1247-6389.v1
Jimmy Lee Grozier recorded In Instrument No.96-R0082430 O.R.D.C.T.,and a north line of said 565.364
acre tract, a distance of 2597.71 feet to a 1/2-inch Iron rod found for the southwest comer of a called 134
acre had described In the deed to James T.Addington and wife,Carol L Addington, recorded In Volume
611, Page 296 D.R.D.C.T., at an angle point In said north line of called 565.364 acre tract and an angle
point In a north line hereof,
THENCE North 87'52'07' East, continuing within the margins of said Jackson Road, with a north line of
said 565.364 acre tract, the south line of said 134 acre tract, the south line of Lot 1, Block A of Connolly
Addition, an addition to Denton County, as shown on the plat recorded In Document No. 2017-51
P.R.D.C.T.,and the south line of a called 10.035 acre tract described in the deed to Ira Sam Houston and
wife, Helen Marie Houston, recorded in Volume 1239,Page 617 D.R.D.C.T., a distance of 2285.65 feet to
a 1/2-inch iron rod found for the northwest comer of the right-of-way dedication at the Intersection of
Jackson Road and Thomas J. Egan Road according to the plat of Bent Rails Addition, an addition to the
City of Denton E.T.J.,recorded as Document No.2020-57 P.R.D.C.T.,the northeast comer of said 565.364
acre tract and the northeast comer hereof,
THENCE South 00015'52"West,within the margins of said Thomas J. Egan Road,with the northerly east
line of said 565.364 acre tract, the west line of the 32.54bot right-of-way dedication for Thomas J. Egan
Road according to the plat of said Bent Rails Addition, the west line of a called 5.134 we tract of land
described In the deed to Cesar Gonzalez Pegueros and wife, Grioelda Tovar-Gatvan Gonzalez,recorded
In Instrument No.2013-=97 O.R.D.C.T.,the west fine of a called 175 acre tract of land described In the
deed to Claude H. Smith recorded in Volume 362, Page 341 D.R.D.C.T.,the west line of a variable width
right-of-way dedication for Thomas J. Egan Road according to the plat of Moreno Addition, an addition to
the City of Denton E.T.J.,recorded in Document No.2020-36 P.R.D.C.T.,the west line of a called 30 acre
had described in the deed to Vickie Murdock recorded In Instrument No.2004-80900 O.R.D.C.T.,and the
westerly west (fine of a called 5.000 acre tract described In the deed to Brandon Murdock recorded In
Instrument No. 2017-55842 O.R.D.C.T., a distance of 3028.84 feet to a PK nail found at the northeast
corner of the right-of-way dedication at the Intersection of Tenderfoot Trail and said Thomas J. Egan Road
(formerly Longhorn Drive)according to the plat of said Golden Hoof Ranchattas,for a northerly southeast
comer of said 565.364 acre tract and a northerly southeast comer hereof,
THENCE North 83°08'15"West,with the northerly right-of-way dedication for said Tenderfoot Trail,and a
northerly south line of said 565.364 acre tract,a distance of 19.54 feet to a 1/2-inch Iron rod found for an
interior comer of said 565.364 acre tract and an interior corner hereof,
THENCE South 0002645"West, across said Tenderfoot Trail, with a southerly east line of said 565.364
acre tract,the east line of Block A of said Golden Hoof Ranchettes,the west right-of-way line of said Thomas
J. Egan Road (formerly Longhorn Drive) a distance of 834.84 feet to the POINT OF BEGINNING and
containing 521.69 acres of land,more or less.
018144.000001\4894-1247-6389.v 1