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2010-159 S:\Our pocuments\Ordinances\IOWMPC 10-0001 park.doc ~ ORDINANCE NO. 2010-159 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT TO ORDINANCE 2008-286, AND THE INSPIRATION MPC (HUNTER RANCH) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION [MPC07-0001, INSPIRATION (HUNTER RANCH)] LEGALLY DESCRIBED AND CREATED THEREIN, COMPRISING ROUGHLY 3,331 ACRES OF LAND, GENERALLY LOCATED ON BOTH SIDES OF I- 35W, BETWEEN ROBSON RANCH ROAD AND VINTAGE BOULEVARD IN THE CITY OF DENTON, TEXAS, TO REMOVE AND REZONE TO THE NEIGHBORHOOD RESIDENTIAL (NR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION APPROXIMATELY 196.5 ACRES OF PROPERTY OWNED BY THE CITY OF DENTON, TEXAS, FOR A PARK, LOCATED AT THE NORTHWEST CORNER OF ALLRED ROAD AND BONNIE BRAE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $25000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE: WHEREAS, on November 4, 2008, by Ordinance 2008-286 the City Council approved a a zoning change from Agriculture (A), Industrial Center General (IC-G), Neighborhood Residential 2(NR-2), Regional Center Residential 1(RCR-1), Community Mixed Use Employment (CM-E), and Planned Development 138 (PD-138) Zoning District Classifications and Use Designations to the Inspiration (Hunter Ranch) Master Planned Community Zoning District Classification and Use Designation on 3,331 acres of land therein legally described, located on both sides of I-35W, between Robson Ranch Road and Vintage Boulevard in the City of Denton; and WHEREAS, Petrus Investments, LP, has applied for an amendment to the Inspiration Master Planned Community (MPC07-0001) zoning district classification and use designation including the Zoning Document, Development Plan Map, and Development Standards, for approximately 3,134 acres of that district, as legally described in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, both the applicant and the City of Denton, Texas, as owner of the 196.5 acre remainder (the "Property") desire to remove this Property from the Inspiration MPC 7oning District Classification and Use Designation, and rezone it to the Neighborhood Residential 1 (NR-1) Zoning District Classification and Use Designation; and WHEREAS, on June 9, 2010, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the requested rezoning of the Property; and WHEREAS, the City Council finds that the requested zoning amendment is consistent with the Denton Plan, and Subchapter 35.7 of the Denton Code; 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 incorporatêd herein by reference and found to be true. SECTION 2. The Property, being the 196.5 acre remainder of the 3,331 acres of land ~ legally described in Exhibit A to Ordinance 2008-286, save and except the 3,134 acres legally described in Exhibit A, attached hereto and incorporated herein by reference, is hereby rezoned from the Inspiration MPC (Hunter Ranch) Zoning District Classification and Use Dêsignation to the Neighborhood Residential 1(NR-1) Zoning District Classification and Use Designation. 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 other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. 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. PASSED AND APPROVED this the - da o , 2010. "t- - MARK A. U UCdW AYOR • ~ _ ~ ~ ~ . ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~ . APPROVED AS TO LEGAL FORM: ANITA A.BURGESS, CITY ATTORNEY Page 2 . Exhibit A (Legal Description of the 3,134 acres remaining within the Inspiration MPC Zoning District Classification and Use Designation after removing and rezoning the 196.5 acres of Property subject to this ordinance from the 3,331 Acres legally described in Ordinance 2008-286) SEE ATTACHED PDFs Page 3 TRACT ONE PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF DENTON: BEING a 2322.074 acre tract of land situated in the E. Pizano Survey, Abstract No. 994, the G. Pettingale Survey, Abstract No. 1041, the J. Taft Survey, Abstract No. 1269, the G. West Survey, Abstract No. 1393, the B.B.B. & C. Railroad Company Survey, Abstract No. 159, and the B.B.B. & C. Railroad Company Survey, Abstract No. 158, Denton County, Texas, being a portion of TRACT I as described in deed to -Petrus Investment, L.P., recorded in 98-R0117450, Deed -Records, Denton County, Texas (DRDCT) and being more particularly described as follows: BEGINNING at a 1/2" rebar capped with a yellow plastic cap stamped "Goodwin & Marshall" set (hereafter referred to as 1/2" rebar capped set) at the intersection of the west line of said Petrus TRACT I, with the north line of Robson Ranch Road (R.O.W. Varies, adjoining R.O.W. per Dedication Deed, 00-R0081315, DRDCT), said point lying in the east line of a tract of land as described in deed to Robson Denton Development, LP, recorded in 99-R0067253, DRDCT, being N 00°37'19" W, 60.00 feet from the most southerly southwest corner of said Petrus TRÁCT I by deed call; THENCE N 00°3719" W, departing the north line of said Robson Ranch Road, along a reentrant line of said Petrus TRACT I and the east line of said Robson tract, at a called distancê of 1124.34 feet passing the southeast corner of Robson Ranch Section 2 Detention Pond, an addition to the City of Denton, Denton County, Texas as recorded in Cabinet W, Page 705, Plat Records, Denton County, Texas (PRDCT), at a called distance of 1724.72 feet passing the northeast corner of said Robson Ranch Section 2 Detention Pond and the southeast corner of Robson Ranch 2 Phase 1, an addition to the City of Denton, Denton County, Texas as recorded in Cabinet S, Page 227, PRDCT, at a distance of 2771.85 feet (Plats 2771.68 feet)-passing a 1/2" rebar with a yellow plastic cap stamped "Biggs & Mathews" found 0.30 feet west of line at the northeast.corner of said Robson Ranch 2 Phase 1 and the southeast corner of Robson Ranch 5-1, an addition to the City of Denton, Denton County, Texas as recorded in Cabinet W, Page 28, - PRDCT, continuing a total distance of 3285.00 feet (County Deed & Plats 3285.00 feet) to a 1/2" rebar capped set at an angle point in said Petrus TRACT I, said Robson tract, and said Robson Ranch 5-1, from which the top of a leaning 6" steel pipe post in concrete found bears S 26°09' E, 16.1 feet; THENCE N 00°29'08" W, along a reentrant line of said Petrus TRACT I, the east line of said Robson tract, and said Robson Ranch 5-1, at a called distance of 230.68 feet passing the northeast corner of said Robson Ranch 5-1 and the southeast corner of Robson Ranch 5-2, an addition to the City of Denton, Denton County, Texas as recorded in Cabinet W, Page 26, PRDCT, at a distance of 704.72 feet (Plat 705.00 feet) passing a 1/2" rebar with a yellow plastic cap stamped "Biggs & Mathews" found at the most easterly northeast corner of Lot 29-X, Block C of said Robson Ranch 5-2, at a distance of 884.76 feet (Plat 885.00 feet) passing a 1/2" rebar with a yellow plastic cap stamped "Biggs & Mathews" found at the northeast corner of said Robson Ranch 5-2, continuing along said reentrant line of said Petrus TRACT I and the east line of said Robson tract, a total distance of 3074.88 feet (Petrus deed 3074.86 feet, Robson deed 3074.89 feet) to a 4" steel pipe fence corner post in concrete found at a reentrant corner of said Petrus TRACT I and the most easterly northeast corner of said Robson tract, from which a 1" steel pipe found bears N 78°54' E, 2.94 feet and a 1" rebar found bears N 55°30" E, 35.12 feet; THENCE S 890 51'25" W, along a reentrant line of said Petrus TRACT I and a reentrant line of said Robson tract, a distance ōf 1215.90 feet (Petrus deed 1215.55 feet, Robson deed 1215.50 feet) to an 8" bois d' arc fence corner post in concrete found at the most westerly southwest corner of said Petrus TRACT I, from which a cut "x" found in said concrete bears S W0742" W, 0.91 feet; THENCE N 00°07'42" E, along the west line of said Petrus TRACT I and the east line of a tract of land as described in deed to Robson Denton Development, LP, recorded in 99-R0067258, DRDCT, a distance of 3802.59 feet (Petrus deed 3802.57 feet, Robson deed 3803.58 feet) to a 1/2" rebar capped set at the location of a 1/2" rebar capped found (G.M. Geer) in a broken bois d' arc fence corner post found previously (now ōbliterated) at the most westerly northwest corner of said Petrus TRACT I and the southwest corner of TRACT 2 as described in deed to SLF II Cole Property, L.P., recorded in 2005-12276, 2005-12277, and 2005-122768, DRDCT, from which a 5/8" rebar found bears N 00°07'05" W, 3057.04 feet (Robson deed 3056.98 feet, Cole deed 3057.12 feet); THENCE N 8904718" E, departing the east line of said Robson tract, along a reentrant line of said Petrus TRACT I and the south line of said Cole TRACT 2, a distance of 5806.39 feet (Petrus deed 5806.06 feet, Cole deed 5806.65 feet) to the bottom of a 10" bois d' arc fence corner post in concrete found at a reentrant corner of said Petrus TRACT 1, from which a 1" steel pipe found bears N 89°4718" E, 3.4 feet (Deeds 3 feet & 3.46 feet); THENCE N O 1020' 11 " E, along a reentrant line of said Petrus TRACT I and said Cole TRACT 2, a distance of 92.25 feet (Petrus deed 92.21 feet, Stratford deed 92.25 feet) to the bottom of a 10" bois d' arc fence corner post in concrete found at a reentrant corner of said Cole TRACT 2; THENTCE N 89029'43" E, along a reentrant line of said Petrus TRACT I and a reentrant line of said Cole TRACT 2, a distance of 5406.54 feet (Petrus deed 5406.7 feet, Cole deed 5406.60 feet) to a 1/2" rebar found in John Paine Road (a variable width non dedicated R.O.W.) at a reentrant corner of said Petrus TRACT I and the most easterly southeast corner of said Cole TRACT 2, said point being 15.6 feet west of the centerline of a gravel road; THENCE N 00°08'55" W, within said John Paine Road, along a reentrant line of said Petrus TRACT I and the east line of said Cole TRÁCT 2, at a distance of 2545.11 feet (Cole deed 2545.07 feet) passing the most easterly northeast corner of said Cole TRACT 2, from which a 1/2" rebar capped (Geer) found bears S 89°21'25" W, 25.55 feet (Cole deed 25.47 feet) and a 4" bois d'arc fence corner post found at a reentrant corner of said Cole TRACT 2 and the southwest corner of a tract of land as described in deed to Ronald McCutchin Family Partnership, Ltd., recorded in Volume 4015, Page 793, DRDCT bears S 89°21'25" W, 3150.94 feet (Cole deed 3151.06 feet, McCutchin deed 3154.9 feet), continuing within said John Paine Road and along said reentrant line of said Petrus TRACT I, a total distance of 6119.82 feet (Petrus deed 6119.52 feet) to a"1/2" rebar found in the center of a gravel road at the southwest corner of a tract of land as described in deed to the State of Texas for F.M. 2449, recorded in Volume 537, Page 150, DRDCT, being the most northerly northwest corner of said Petrus TRACT I; THENCE along the southerly line of said F.M. 2449 and the north line of said Petrus TRACT I, as follows: N 44°0 1'25" E, at a distance of 44.3 feet passing a wood highway monument found, continuing a total distance of 231.30 feet (State deed 232.55 feet, Petrus deed 231.60 feet) to a 1/2" rebar capped set at the most northerly corner of said Petrus TRACT I, from which the bottom of a leaning wood highway monument found bears N 44°01'25" E, 1.2 feet; Southeasterly, along a non tangent curve to the right, having a radius point that bears S 17°36'32" W, 1096.28 feet, a central angle of 11 ° 16'41 an arc distance of 215.79 (State deed 214.9 feet, Petrus deed 214.93 feet), and a chord that bears S 66°45'08" E, 215.44 feet to a 1/2" rebar capped set at the point of tangency, from which a smooth 5/8" steel rod found bears N 28'53' 13" E, 100.00 feet, and a broken wood highway monument found bears N 28°53'13" E, 0.7 feet; S 61 °06'47" E, at a distance of 377.7 feet passing a wood highway monument found, at a distance of 877.7 feet passing a wōōd highway monument found, at a distance of 1877.5 feet passing a broken wood highway monument found 0.8 feet northeasterly of line, continuing a total distance of 2320.45 feet (State deed 2318.1 feet, Petrus deed.2321.10 feet) to a smooth 5/8" steel rod found, from which a smooth 5/8" steel rod found bears N 28°53'13" E, 100.00 feet, and a wood highway monument found bears S 87°39' E, 1.1 feet; Southeasterly, along a curve to the left having a radius of 5779.65 feet, á central angle of O 1029'56", an arc distance of 151.21 feet (State deed 147.9 feet, Petrus deed 150.28 feet) and a chord that bears S 61 °51'46" E, 151.20 feet to a 1/2" rebar capped set at the southeast corner of said State of Texas tract and the northeast corner of said Petrus TRACT I, from which a wood highway monument found bears a chord of S 63°34" E,. 108.3 feet (State chord 108.8 feet) ; THENCE S 00°27'27" E, departing the southerly line of said F.M. 2449, along a reentrant line of said Petrus TRACT I and the west line of a tract of land as described in deed to Jeremiah Partners J.V., recorded in 2007-57435, DRDCT, at a distance of 0.97 feet (Petrus deed 1.4 feet) passing a 1" rebar found, continuing a total distance of 1963.20 feet (Petrus deed 1962.90 feet, Jeremiah Partners J.V. deed 1963 feet) to a 3/4" rebar found at a reentrant corner of said Petrus TRACT I and the southwest corner of said Jeremiah Partners J.V. tract; THENCE S 89°55'02" E, along a reentrant line of said Petr'us TRACT I and the south line of said Jeremiah Partners J.V. tract, at a distance of 47.14 feet passing a 1" rebar found, continuing a total distance of 47.53 feet (Petrus deed 47.19 feet, Jeremiah Partners J.V. deed 47.13 feet) to a point in the northwesterly line of Interstate Highway No. 35 West (variable width R.O.W. per Volume 548, Page 449 & Volume 534, Page 1& 7, DRDCT), from which a broken concrete highway monument found bears N 26°18'38" E, 856.55 feet (State deed 855.43 feet, Jeremiah Partners J.V. deed 856.50 feet; THENCE departing the south line of said Jeremiah Partners J.V. tract, along the northwesterly line of said Interstate Highway No. 35 West and the easterly line of said Petrus TRACT I, as follows: S 26° 18'38" W, parallel to and 185 feet from the centerline of said Highway, at a distance of 43.10 feet passing a concrete highway monument found, continuing a total distance of 1542.25 feet (State deed 1544.57 feet, Petrus deed 1541.05 feet) to a 1/2" rebar capped set, from which a broken concrete highway monument found bears S 63 °41'22" E, 0.8 feet; S 32°03'00" W, a distance of 199.99 feet (State deed 201.00 feet, Petrus deed 200.99 feet) to a concrete highway monument found; S 26°18'38" W, parallel to and 205 feet from the centerline of said Highway, a distance of 400.06 feet (Statê deed 400.00 feet, Petrus deed 399.97 feet) to a broken concrete highway monument found; S 19011' 10" W, a distance of 201.57 feet (State deed 201.56 feet, Petrus deed 201.6 feet) a broken concrete highway monument found; S 26°18'38" W, parallel to and 180 feet from the centerline of said Highway, a distance of 2962.69 feet (State deed 2965.00 feet, Petrus deed 2963.37 feet) to a broken concrete highway monument found; THENCE along a turn in along the northwesterly line of said Interstate Highway No. 35 West for aforementioned John Paine Road, and the easterly line of said Petrus TRACT I, as follows N 33°34'15" W, a distance of 200.24 feet (State deed 200.00 feet, Petrus deed 200.44 feet) to a brokeri concrete highway monument found; N 19°12'11" W, a distance of 155.68 feet (State deed 155.70 feet, Petrus deed 155.22 feet) to a broken concrete highway monument found; N 00°30'47" W, at a distance of 79.87 feet passing a 1/2" rebar with a yellow plastic cap found, continuing a total distance of 111.31 feet (State deed 111.89 feet, Petrus deed 111.56 feet) to a concrete highway monument found; N 30°42'48" W, a distance of 44.34 feet (State deed 44.00 feet, Petrus deed 44.23 feet) to a broken concrete highway monument found; N 89°57'45" W, crossing said John Paine Road, a distance of 46.00 feet (State deed 46.00 . feet, Petrus deed 46.34 feet) to a concrete highway monument found; S 29°23'48" W, a distance of 44.72 feet (State deed 44.00 feet, Petrus deed 44.49 feet) to a concrete highway monument found; S 00°30'47" E, a distance of 210.31 feet (State deed 211.89 feet, Petrus deed 210.67 feet) to a broken concrete highway monument found; S 10°43'0 1" E, a distance of 103.30 feet (State deed 101.61 feet, Petrus deed 101.10 feet) to 1/2" rebar capped set, from which the base of a laid over concrete highway monument found bears N 33 ° W, 3.1 feet; S 00°30'47" E, a distance of 118.88 feet (State deed 120.00 feet, Petrus deed 119.57 feet) to a. broken concrete highway monument found; S 33 °43'26" E, a distance of 270.79 feet (State deed 271.54 feet, Petrus deed 272.33 feet) to a 1/2" rebar capped set, from which a broken concrete highway monument found bears S 33°43'26" E, 0.5 feet; THENCE along the northwesterly line of said Interstate Highway No. 35 West and the easterly line of said Petrus TRACT I, as follows: S 26°18'38" W, parallel to and 150 feet from the centerline of said Highway, at a distance of 1490.9 feet passing a concrete highway monument found, at a distance of 2089.5 feet passing a concrete highway monument found, continuing a total distance of 2560.86 feet (State deed 2560.18 feet, Petrus deêd 2560.36 feet) to 1/2" rebar capped set, from which a concrete highway monument found bears S 63°36'53" E, 0.5 feet; Southwesterly, along a non tangent curve to the right, having a radius point that bears N 63'3653" W, 11309.16 feet, a central angle of 03°04'09", an arc distance of 605.77 feet (State deed 605.91 feet, Petrus deed 606.91 feet), and a chord that bears S 27°55'12" W, 605.70 feet to a smooth 5/8" steel rod found, from which the base of a leaning concrete highway monument found bears S 29°23'45" W, 1.3 feet; S 29°23'45" W, non tangent to said curve, parallel to and 150 feet from the centerline of said Highway, at a distance of 615.7 feet passing a concrete highway monument found 0.3 feet southeasterly of line, at a distance of 1617.8 feet passing a concrete highway monument found 0.6 feet southeasterly of line, at a distance of 2118.0 feet passing a concrete highway monument found, continuing a total distance of 2716.37 feet (State deed 2715.87 feet, Petrus deed 2715.14 feet) to a concrete highway monument found; S 35°04'34" W, a distance of 202.07 feet (State deed 201.00 feet, Petrus deed 202.01 feet) to a 1/2" rebar capped set, from which the base of a leaning concrete monument found bears S 60°36'15" E, 0.6 feet; S 29°23'45" W, parallel to and 170 feet from the centerline of said Highway, a distance of 899.62 feet (State deed 900.00 feet, Petrus deed 899.10 feet) to a broken concrete highway monument found; S 32°15'30" W, a distance of 144.34 feet (State deed 147.47 feet, Petrus deed 145.47 feet) to a 1/2" rebar capped set in the north line of a remainder portion of a tract of land as described in deed to John W. Porter, Trustee, recorded in Volume 448, Page 78, DRDCT per State R.O. W. map; THENCE N 89°59'53" W, departing the northwesterly line of said Interstate Highway No. 35W, along the easterly line of said Petrus TRACT I and the north line of said Porter tract, a distance of 56.40 feet (State 55.90 feet, Petrus deed 55.76 feet) to a steel pipe fence corner post found at the northwest corner of said Porter tract; THENCE S 00°36'39" E, along the easterly line of said Petrus TRACT I and the west-line of said Porter tract, a distance of 92.68 feet (State 91.29 feet, Petrus deed 91.13 feet) to a 1/2" rebar capped set in the northwesterly line of said Interstate Highway No. 35W; THENCE departing the west line of said Porter tract, along the northwesterly line of said Interstate Highway No. 35 West and the easterly line of said Petrus TRACT I, as follows: S 29°23'45" W, parallel to and 180 feet from the centerline of said Highway, a distance of 749.32 feet (State deed 745.71 feet, Petrus deed 750.28 feet) to a broken concrete highway monument found; S 32°51'03" W, a distance of 497.80 feet (State deed 500.90 feet, Petrus deed 497.76 feet) to a- concrete highway monument found; S 29°23'45" W, parallel to and 210 feet from the centerline of said Highway, a distance of 128.63 feet (State deed 127.40 feet,-Petrus deed 128.26 feet) to a disturbed 1/2" rêbar capped (illegible) found at the most easterly southeast corner of a tract of land as dêscribed in deed to Robson/35W Investors, L.P., recorded in 2002-R0063784, DRDCT, from which a broken concrete highway monument found bears S 29°23'45" W, 922.7 feet (State deed 922.54 feet, Robson/35W Investors, L.P. deed 922.23 feet); THENCE departing the northwesterly line of said Interstate Highway No. 35 West, along the lines common to said Petrus TRACT I and said Robson/35W Investors, L.P. tract, as follows: N 00°23'45" W, a distance of 1573.92 feet (Petrus deed 1573.13 feet, Robson/35W Investors, L.P. deed 1573.44 feet) to the bottom of a 6" steel pipe fence corner post found at a reentrant corner of said Petrus TRACT I and the northeast corner of said Robson/35W Investors, L.P. tract; S 89°37'30" W, a distance of 723.23 feet (Petrus deed 723.01 feet, Robson/35W Investors, L.P. deed 722.74 feet) to a 1/2" rebar found at a reentrant corner of said Petrus TRACT 1 and the northwest corner of said Robson/35W Investors, L.P. tract; S 00°18'48" E. a distance of 2378.16 feet (County deed 2378.1.6 feet) to a 1/2" rebar capped set in the north line of aforementioned Robson Ranch Road (R.O.W. Varies); THENCE departing the west line of said Robson/35W Investors, L.P. tract, along the north line of said Robson Ranch Road, as follows: S 89°5352" W, a distance of 290.34 feet (County deed 290.34 feet) to a 1/2" rebar capped set; S 00°06'08" E, a distance of 5.00 feet (County deed 5.00 feet) to a 1/2" rebar capped set; S 89°53'52" W, a distance of 200.00 feet (County deed 200.00 feet) to a point (could -not set corner); S 00°06'08" E, a distance of 5.00 feet (County deed 5.00 feet) to a point (could not set corner);, S 89°53'52" W a distance of 600.00 feet (County deed 600.00 feet) to a point (could not set corner); S 00°06'O8" E, a distance of 5.00 feet (County deed 5.00 feet) to a cut "x" set in the concrete base of a 3" steel pipe corner post; S 89°53'52" W, a distance of 4134.86 feet (County deed 4135.26 feet) to the POINT OF BEGINNING and containing 101,149,544 square feet or 2322.074 acres of land of which approximately 0.102 acre in said John Paine Road lies within an area of possible conflict with the east line of the Ronald McCutchin Family Partnership, Ltd. tract recorded in Volume 4015, Page 793, DRDCT, SAVE & EXCEPT any rights to the public in and along said John Paine Road. TRACT TWO PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF DENTON: BEING a 717.199 acre tract of land situated in the B.B.B. & C. Railroad Company Survey, Abstract No.158, the J. Taft Survey, Abstract No.1269, the B.B.B. & C. Railroad Company Survey, Abstract No. 159, the G. Pettingale Survey, Abstract No.1041, the B.B.B. & C. Railroad Company Survey, Abstract No.160, the S. Prichett Survey, Abstract No. 1021, and the G. West Survey, Abstract No. 1393, Denton County, Texas, being a portion of TRACT II as described in deed to Petrus Investment, L.P., recorded in 98-RO117450, Deed Records, Denton County, Texas (DRDCT) and being more particularly described as follows: BEGINNING at a 60d nail found at the intersection of John Paine Road (a variable width non dedicated R.O.W.), with Johnson Lane (a variable width non dedicated R.O.W.), being a reentrant corner in the east line of said Petŕus TRACT II, from which a 1" steel pipe found bears N 42031'15" W, 34.40 feet, and a 1/2" rebar found at the most northerly northwest corner of a tract of land as described in deed to Wynne/Jackson Lakes Development LP, recorded in 00- R0001755, DRDCT bears S 69°48'35" E, 22.39 feet; . t THENCE S 00°30'15" E, in said John Paine Road, along a reentrant line of said Pefrus TRACT II, a distance of 3045.47 feet to a 1/2" rebar with a yellow plastic cap stamped "Gōōdwin & Marshall" set (hereafter referred to as 1/2" rebar capped set) in the northerly line of a called 0.419 acre R.O. W. dedication for a portion of said John Paine Road to the City of Denton, Texas, recorded in 2002-R0073651, DRDCT, from which a 5/8" rebar with a yellow plastic cap stamped "Carter & Burgess" found at the most.northerly corner said R.O.W. dedication bears N 19°33'30" E, 10.27 feet; THENCE along the west line of said. John Paine Road (77' R.O.W.), as follows: Southwesterly, along a non tangent curve to the left, having a radius point that bears S 7005924" E, 536.50 feet, a central angle of I T I 1'48", an arc distance of 179.75 feet (R.O.W. deed 190.00 feet), and-a chord that bears S 09°24'42" W, 178.91 feet to a 5/8" rebar with a yellow plastic cap stamped "Carter & Burgess" found at the point of tangency; S 0013' 19" E, a distance of 426.23 feet (R.O. W. deed 426.14 feet) to a 5/8" rebar with a yellow plastic cap stamped "Carter & Burgess" found at the southwest corner of said called 0.419 acre R.O.W. dedication, said point lying in the south line of sa.id Petrus TRACT II and the north line of SOUTHWEST PUMP STATION ADDITIJN, an addition to the City of Denton, Denton County, Texas as recorded in Cabinet W, Page 815, Plat Records, Denton County, Texas, from which the most westerly northwest corner of a R.O. W. dedication of said John Paine Road per the final plat of COUNTY LAKES NORTH PHASE ONE, recorded in Cabinet U, Page 625,- Plat Record`s, Denton County, Texas bears N 89°54'08" E, 4.00 feet by plat call; THENCE S 89°54'08" W, departing said John Paine Road, along -the south line of said Petrus TRACT II and the north line of said SOUTHWEST PUMP STATION ADDITION, at a distance of 500.12 feet passing a 5/8" rebar with'a yellow plastic cap stamped "Cartêr & Burgess" found at the most westerly corner of said SOUTHWEST PUMP STATION ADDITION, thereafter continuing along the south line of said Petrus TRACT II and a reentrant line of the aforementioned Wynne/Jackson Lakes Development LP tract recorded in 00-R0001755, DRDCT, continuing a total distance of 2258.03 feet to a 1/2" rebar found in a broken fence corner post at the most southerly southwest corner of said Petrus TRACT II and a reentrant corner of said Wynne/Jackson tract; THENCE N 00°26'54" E, along a reentrant line of said Petrus TRACT II and a reentrant line of said Wynne/Jackson tract, a distance of 497.90 feet (Petrus deed 497.55 feet, Wynne/Jackson _ deed 497.64 feet) to a 1/2" rebar found at a reentrant corner of said Petrus TRACT II and a corner of said Wynne/Jackson tract; THENCE N 89°59'53" W, along a reentrant line of said Petrus TRACT II and a north line of said Wynne/Jackson tract, a distance of 273.92 feet (Petrus deed 274.12 feet, Wynne/Jackson deed 274.15 feet) to a point in the southeasterly line of Interstate Highway No. 35 West (variable width R.O.W. per Volume 548, Page 449 & Volume 534, Page 1& 7, DRDCT) at the most westerly southwest corner of said Petrus TRACT II and a northwest corner of said Wynne/Jackson tract, from which a 1/2" rebar found bears Westerly, 0.13 feet and a smooth 5/8" rebar found bears Easterly 0.15 feet, and a concrete highway monument found bears S 29°23'45" W, 50.6 feet (State deed 53.82 feet, Wynne/Jackson deed 50.58 feet); THENCE along the southeasterly line of said Interstate Highway No. 35 West and the west line of said Petrus TRACT II, as follows: N 29°23'45" E, parallel to and 170 feet from the centerline of said Highway, at a distance of 447.1 feet passing a concrete highway monument found, continuing a total distance of 847.04 feet (State deed 846.18 feet, Petrus deed 847.36 feet) to a 1/2" rebar capped set, from which a concrete highway monument found bears N 60°36' 15" W. 0.4 feet; N 23 044'51 " E, a distance of 203.21 feet (State deed 201.00 feet, Petrus deed 203.06 feet) to a 1/2" rebar capped set, from which a broken concrete highway monument found bears N 60°36' 15" W, 0.3 feet; N 29°23'45" E, parallel to and 150 feet from the centerline of said Highway, at a distance of 597.7 feet passing a broken concrete highway monument found 0.3 feet southeasterly of line, at a distance of 1597.2 feet passing a concrete highway monument found, at a distance of 2099.4 feet passing the base of a leaning concrete highway monument found, continuing a total distance of 2716.06 feet (State deed 2715.87 feet, Petrus deed 2716.63 feet) to a 1/2" rebar capped set, from which the base of a leaning concrete highway monument found bears N 59°02' E, 0.8 feet; Northeasterly, along a non tangent curve to the left, having'a radius point that bears N 60°32'44" W, 11609.16 feet, a central angle of 03°04'09", an arc distance of 621.84 feet ; (State deed 621.98 feet, Petrus deed 623.08 feet), and a chord that bears N 27°55' 12" E, 621.77 feet to a 1/2" rebar capped set, from which a concrete highway monument found bears N 26° 18'38" E, 1.8 feet; N 26° 18'38" E, non tangent to said curve, parallel to and 150 feet from the centerline of said Highway, at a distance of 864.18 feet passing a smooth 5/8" rebar found, at a distance of 1072.5 feet passing a concrete monument found, at a distance of 1572.0 feet passing a concrete highway monument-found 0.4 feet northwesterly of line, continuing a total distance of 2150.05 feet (State deed 2149.58 feet, Petrus deed 2,147.84 feet) to a 1/2" rebar capped set, from which the base of a leaning concrete highway monument found bears S 89°56'18 W, 0.6 feet; THENCE along a turn in along the southeasterly line of said Interstate Highway No. 35 West for Allred Road and the west line of said Petrus TRACT II, as follows: N 89°56'18" E, a distance of 470.07 feet (State deed 469.72 feet, Petrus deed 470.78 feet) to a concrete highway monument found; S 76°13'31" E, a distance of 71.47 feet (State deed 72.80 feet, Petrus deed 71.35 feet) to a concrete highway monument found; N 89°37'46" E, a distance of 80.00 feet (State deed 80.00 feet, Petrus deed 80.17 feet) a concrete highway monument found; N 71 °3922" E, a distance of 52.97 feet (State deed 53.85 feet, Petrus deed 52.80 feet) to a concrete highway monument found; N 16°40'07" E, crossing said Allred Road (a variable width non dedicated R.O.W.), a distance of 51.30 feet (State deed 50.00 feet, Petrus deed 51.61 feet) to a broken concrete highway monument found; N 70°04'18" W, a distance of 229.45 feet (State deed 213.60 feet, Petrus deed 229.53 feet) to a broken concrete highway monument found; N 54°34'39" W, a distance of 163.69 feet (State deed 164.00 feet, Petrus deed 163:42 feet) to a broken concrete highway monument found; N 33 °40'31 " W, a distance of 209.99 feet (State deed 210.00 feet, Petrus deed 210.76 feet) to a 1/2" rebar capped set, from which a broken concrete highway monument found bears N 33 °40'31 " W, 0.5 feet; THENCE along the southeasterly line of said Interstate Highway No. 35 West and the west line of said Petrus TRACT II, as follows: N 26°18'38" E, parallel to and 170 feet from the centerline of said Highway, a distance of 3164.78 feet (State deed 3167.07 feet, Petrus deed 3165.30 feet) to the base of a leaning concrete highway monument found; N 36°14'28" E, a distance of 202.95 feet (State deed 203.04 feet, Petrus deed 203.09 feet) to a 1/2" rebar capped set, from which a concrete highway monument found bears N 63 °41'22" W, 0.6 feet; N 26°18'38" E, parallel to and 205 feet from the centerline of said Highway, a distance of 399.25 feet (State deed 400.00 feet, Petrus deed 399.43 feet) to a 1/2" rebar capped set, from which a broken concrete highway monument found bears N 63 °41'22" W, 0.7 feet; N 32°45'49" E, a distance of 400.40 feet (State deed 402.52 feet, Petrus deed 400.30 feet) to a concrete highway monument found; N 26°18'38" E, parallel to and 250 feet from the centerline of said Highway, a distance of 399.87 feet (State deed 400.00 feet, Petrus deed 399.88 feet) to a cut "x" set in the concrete base of a 4" fence post, from which a concrete highway monument found bears N 63 °41'22" W, 1.7 feet; N 14°59'24" E, a distance of 305.66 feet (State deed 305.94, Petrus deed 305.23 feet) to a broken concrete highway monument found; N 26°18'38" E, parallel to and 190 feet from the centerline of said Highway, a distance of 833.31 feet (State deed 832.74 feet, Petrus deed 833.65 feet) to the northwest corner of said Petrus TRACT II and the most westerly southwest corner of a remainder portion of Parcel No. 1 as described in deed to Denton-CJW Partners, Ltd., recorded in 98- R0036601, DRDCT, from which a 3/4" rebar found bears N 26` 18'38" E, 67.65 feet (State deed 67.26 feet, Denton-CJW Partners, Ltd. Parcel No.I deed 67.40 feet; THEI*NTCE N 89°32'40" E, departing the southeasterly line of said Interstate Highway No. 35 West, along the north line of said Petrus TRACT II and a reentrant line of said Denton-CJW Partners, Ltd. Parcel No. 1 remainder-portion, at a distance of 0.60 feet passing a 1" rebar found, continuing a total distance of 1998.29 feet (Petrus deed 1997.83 feet, Denton-CJW Partners, Ltd. Parcel No. 1 deed 1997.71 feet) to a 1" rebar found at the most northerly northeast corner of said Petrus TRACT II, said point lying in the west line of a called 88.547 acre tract of land as described in deed to the City of Denton, Texas, recorded in 2005-60562, DRDCT; THENCE S 00°47'37" E, along a reentrant line of said Petrus TRACT II, the west line of said City of Denton called 88.547 acre tract, the west line of a tract of a called 40.355 acre tract of land as described in deed to the City of Denton, Texas, recorded in 2005-60563, DRDCT, and a west line of a remainder portion of said Denton-CJW Partners, Ltd. Parcel No. 1, at a distance of 2217.64 feet (Petrus deed 2217.65 feet, Denton-CJW Partners, Ltd. Parcel No. 1 deed 2217.66 feet) passing a 1" rebar found at a reentrant corner of said Petrus TRACT II, the most southerly southwest corner of a remainder portion of said Denton-CJW Partners, Ltd. Parcel No. 1, and the northwest corner of a tract of land as described in deed to the City of Denton, Texas, recorded in 2008-123172, DRDCT, from which a 1/2" rebar with a yellow plastic cap stamped "RPLS 4818" found bears N 00°47'37" W, 3080.95 feet (deeds 3080.82 feet), continuing along the west line of said City of Denton, Texas tract, a total distance of 5473.72 feet to a 1/2" rebar capped set in a gravel road in aforementioned Allred Road (a variable width non dedicated R.O. W.) 'at the southwest corner of said City of Denton, Texas tract, from which a 1/2" rebar capped set in gravel at the southeast corner of said City of Denton, Texas tract bears N 89°59'21" E, 2631.22 feet; THENCE S 89059'21" W, within said Allred Road and along a reentrant line of said Petrus TRACT II, a distance of 926.14 feet to a 1/2" rebar found in asphalt pavement at an angle point in said Petrus TRACT II and the northeast corner of a tract of land as described in deed to Angela Dominguez and Michael John Barber, recorded in 99-R0058950, DRDCT; THENCE S 89°45'44" W, within said Allred Road and along a reentrant line of said Petrus TRACT II and the north line of said Dominguez and Barber tract, at a distance of 1125.33 feet (Dominguez and Barber deed 1125.54 feet) passing 1/2" rebar found in asphalt pavement at the northwest corner of said Dominguez and Barber tract and the northeast corner of a called 92.382 acre tract of land to Dentex Land, Cattle and Energy, LP, recorded in 2005-49231, DRDCT (last described in Volume 3129, Page 752, DRDCT), continuing within said Allred Road, along said reentrant line of said Petrus TRACT II and the north line of said Dentex tract, a total distance of 2122.22 feet (Petrus deed 2122.09 feet, adjoiner deeds 2121.54 feet) to a 1/2" rebar found in a gravel road at a reentrant corner of said Petrus TRACT II- and the northwest corner of said Dentex tract; THENCE S 00°26'38" E, departing said Allred Road, along a reentrant line of said Petrus TRACT II and the west line of said Dentex tract, a distance of 2640.07 feet (Petrus deed 2639.77 feet, Dentex Deed 2640 feet) to a 1/2" rebar found in aforementioned Johnson Lane at a southeast corner of said Petrus TRACT II and the southwest corner of said Dentex tract, from which a 3/8" rebar found bears N 89°47'57" E, 2091.77 feet and a 1/2" rebar found at the most northerly northeast corner of the aforementioned Wynne/Jackson Lakes Development L.P. tract recorded in 00-R0001755, DRDCT bears N 89°19'15" E, 751.65 feet; THENCE S 89°59'34" W, within said Johnson Lane and along a reentrant line of said Petrus TRACT II, a distance of 2353.13 feet (Petrus deed 2353.07 feet) to the POINT OF BEGINNIlVG and containing 31,241,168 square feet or 717.199 acres of land, of which approximately 0.049 acre in said Johnson Lane lies within an area of possible conflict with said Wynne/Jackson tract, SAVE & EXCEPT any rights to the public in and along said John Paine Road, said Allred Road, and said Johnson Lane. TRACT THREE PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF DENTON: BEING a 93.002 acre tract of land situated in the S. Pritchett Survey, Abstract No. 1004, the G. West Survey, Abstract No.1393, the I. Byerly Survey, Abstract No. 1458, and the J. Dalton Survey, Abstract No. 353, Denton County, Texas, being a portion of TRACT III as described in deed to Petrus Investment, L.P., recorded in 98-R0117450, Deed Records, Denton County, Texas (DRDCT), and being more particularly described as follows: BEGINNIlNTG at a 1" rebar found on the northwest side of a 8" bois d' arc fence corner post at a reentrant corner of said Petrus TRACT III and the northwest corner of Parcel No. 2 as described in deed to Southwest Denton Joint Venture, recorded in 94-R0094865, DRDCT; THENCE S 00026' 10" E, along a reentrant line of said Petrus TRACT III and the west line of said Southwest Denton, J.V. Parcel No. 2, a distance of 996.98 feet (Petrus deed 997.02 feet, Parcel No. 2 deed 996.80 feet) to the most easterly northeast corner of a tract of land as described in deed to the State of Texas for F.M. 2449, recorded in Volume 537, Page 150, DRDCT, from which a 1" rebar found bears S 00°26'10" E, 0.28 feet (Petrus deed 0.2 feet); THENCE departing the west line of said Southwest Denton J.V. Parcel No. 2, along the northerly line of said F.M. 2449 and the south and west lines of said Petrus TRACT III, as follows: Northwesterly, along a non tangent curve to the right, having a radius point that bears N 27°55'35" E, 5679.65 feet, a central angle of 00°57'38", an arc distance of 95.21 feet (State deed 92.5 feet, Petrus deed 94.70 feet), and a chord that bears N 61 °35'36" W, 95.21 feet to a smooth 5/8" steel rod found at the point of tangency next to a broken wood highway monument found, and from which a smooth 5/8" steel rod found bears S 28°53'13" W, 100.00 feet; N 61 °06'47" W, at a distance of 446.9 feet passing a wood highway monument found, at a distance of 1941.8 feet passing a wood highway monument found, continuing a total distance of 2320.45 feet (State deed 2318.1 feet, Petrus deed 2321.10 feet) to a smooth 5/8" steel rod found; N 00° 16'25" W, a distance of 99.92 feet (State deed 101.3 feet, Petrus deed 100.00 feet) to a 1/2" rebar found in asphalt pavement in Underwood Road (a variable width non dedicated R.O. W.); THENCE N 89°45'03" E, departing the northerly line of said F.M. 2449, within said Underwood Road, and along a reentrant line of said Petrus TRACT III, a distance of 986.31 feet (Petrus deed 986.30 feet) to a 1" rebar found at a bend in said road, being a reentrant corner of said Petrus TRACT 111 and the southeast corner of TRACT 1 as described in deed to SLF II Cole Property, 3 L.P., recorded in 2005-12276, 2005-12277, and 2005-12278, DRDCT; THENCE N O 1° 14' 19" E, within said Underwood Road, along a reentrant line of said Petrus TRACT III, and the east line of said Cole TRACT l, a distance of 1106.15 feet (Petrus deed 1105.84 feet) to the most northerly northwest corner of the herein described tract of land, from which a 1/2" rebaŕ found at an angle point in the east line of said Cole TRACT 1 and the northwest corner of a tract of land as described in deed to William Clinton Lynch and wife, Claudia P. Lynch, recorded in Volume 2981, Page 771, DRDCT bears N 01 ° 14' 19" E, 99.91 feet (Lynch deed 100.00 feet), and a 1/2" rebar found bears N 89°48'23" W, 0.32 feet; THENCE S 89°48'23" E, departing said Undervvood Road and the east line of said Cole tract, along the south line of said Lynch tract, a distance of 1847.04 feet (Lynch deed 1847.30 feet) to a 1/2" rebar found at the southeast corner of said Lynch tract; THENCE S 00°25'00" E, along the east line of said Petrus TRACT III, at 150 feet crossing the middle of Hickory Creek, continuing a total distance of 427.73 feet (Petrus deed 427.73 feet) to the middle of said Hickory Creek where crossed again, from which a 1/2" rebar found bears S 00°25100" E, 900.79 feet; THENCE along the centerline meanders of the old channel of said Hickory Creek, as follows: S 40°19'42" E, a distance of 256.75 feet; S 49°08'09" E, a distance of 333.56 feet; S 44°57'34" E, a distance of 94.76 feet; S 24°00'10" E, a distance of 123.31 feet; S O 1 041' 16" W, a distance of 63.25 feet; S 07°24'36" W, a distance of 148.38 feet; S 02° 18'08" E, a distance of 131.60 feêt to a rod with an aluminum cap stamped "Coleman & Assoc" found at the most easterly southeast corner of said Petrus TRACT III and the north line of aforementioned Southwest Denton J.V. Parcel No. 2, from which a cross-tie fence corner post found (now washed out) bore S 86°54' W, 67.9 feet (Petrus deed 67.5 feet) and a 1" rebar found at the southeast corner of a tract of land as described in deed to Terri J. Meador and Robert W. Hammer (description does not close), recorded in 94-R0094073, DRDCT bears N 89°33'11" E, 331.86 feet (Meador & Hammer deed 353.29 feet); THENCE S 89°33'11" W, departing said Hickory Creek, along a reentrant line of said Petrus TRACT III and the north line of said Southwest Denton, J.V. Parcel No. 2, at a distan.ce of 579.23 feet passing a 1/2" rebar found at the northeast corner of a tract of land as described in deed to Crosstex DC Gathering Company JV, recorded in 2003-R0059356, DRDCT, at a , distance of 1149.14.feet passing a 1/2" rebar found at the northwest corner of said Crosstex tract, said point being 0.46 feet north of line, continuing along said reentrant line of said Petrus TRACT III and the north line of said Southwest Denton J.V. Parcel No. 2, a total distance of 1271.86 feet (Petrus deed 1272.40 feet) to the POINT OF BEGII\TNING and- containing 4,051,164 square feet or 93.002 acres of land. ~ TRACT FOUR PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF DENTON: BEING a 2.823 acre tract of land situated in the E. Pizano Survey, Abstract No. 994, Denton County, Texas, being all of TRACT IV as described in deed to Petrus Investment, L.P., recorded in 98-RO117450, Deed Records, Denton County, Texas (DRDCT) and being more particularly described as follows: BEGINNING at a 6" steel pipe fence corner post found at the southeast corner of said Petrus TRACT IV, the northeast corner of a tract of land as described in deed to I-35 and Crawford Road Partners, Ltd., recorded in 98-R0077377, DRDCT, and the south southeast corner of the former Alex McCutchin called 69.318 acre tract recorded in Volume 321, Page 42, DRDCT; THENCE N 87°53'45" W, along the south line of said Petrus TRACT IV and the north line of said I-35 and Crawford Road Pártners, Ltd. tract, at a distance of 189.6 feet passing a 1/2" rebar found 0.3 feet north of line, at a distance of 303.6 feet passing a 5/8" rebar found 0.6 feet south of line, continuing a total distance of 359.32 feet (Petrus deed 359.06 feet, I-35 and Crawford Road Partners, Ltd. deed 359.21 feet) to a broken concrete highway monument found in the southeasterly line of Interstate Highway No. 35 West (variable width R.O.W. per Volume 548, Page 449, DRDCT), at the southwest corner of said Petrus TRACT IV and the northwest corner of said I-35 and Crawford Road Partners, Ltd. tract; THENCE along the southeasterly line of Interstate Highway No. 35 West and the northwesterly line of said Petrus TRACT IV, as follows: N 29°23'45" E, parallel to and 215 feet from the centerline of said Highway, a distance of 154.20 feet (State deed 154.92 feet, Petrus deed 153.66 feet) to a broken concrete highway monument found; N 26°31'58" E, a distance of 500.52 feet (State deed 500.62- feet, Petrus deed 500.93 feet) 'to a broken concrete highway monument found; N 29°23'45",E, parallel to and 190 feet from the centerline of said Highway, a distance of 106.88 feet (State deed 106.62 feet, Petrus deed 106.75 feet) to a 1" rebar found at the north corner of said Petrus TRACT IV and the most westerly northwest corner of a tract of land as described in deed to Wynne/Jackson Lakes Development, LP, recorded in 00- R0001755, DRDCT, from which a steel pipe fence corner post found at the northwest corner of a remainder portion of a tract of land as described in deed to John W. Porter, Trustee, recorded in Volume 448, Page 78, DRDCT and a reentrant corner of said former Alex McCutchin called 69.318 acre tract bears N 00°36'39" W, 832.54 feet; THENCE S 00°36'39" E, departing the southeasterly line of Interstate Highway No. 35 West, along the east line of said Petrus TRACT IV and the west line of said Wynne/Jackson tract, at a called distance of 499.36 feet passing the most westerly southwest corner of said Wynne/Jackson tract and the northwest corner of a tract of land to Pac Group, Ltd., recorded in 2001-R0046668, DRDCT (document does not contain a property description), continuing along the east line of said Petrus TRACT IV and the west line of said Pac Group, Ltd. tract, a total distance of 688.51 feet (Petrus deed 689.05 feet) to the POINT OF BEGINNING and containing 122,966 square feet or 2.823 acres of lánd.