2010-160FILE REFERENCE FORM 2010-160
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE S Date Initials
Re ealed b Ordinance No. NIPC 19-0002c 04/07/20 J R
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ORDINANCE NO. 2010-160
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT
TO ORDINANCE 2008-286, AND THE 1NSPIRATION MPC (HUNTER RANCH) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION [MPC07-0001, INSPIRATION
(HUNTER RANCH)] LEGALLY DESCRIBED AND CREATED THEREIN, FOR ROUGHLY
3,134 ACRES OF THE ROUGHLY 3,331 ACRES OF LAND LEGALLY DESCRIBED BY
ORDINANCE 2008-286, GENERALLY.LOCATED ON BOTH SIDES OF I-35W, BETWEEN
ROBSON RANCH ROAD AND VINTAGE BOULEVARD IN THE CITY OF DENTON,
TEXAS, BY AMENDING THE ZONING AND DEVELOPMENT STANDARDS
DOCUMENT, AND DEVELOPMENT PLAN MAP, AS HEREIN PROVIDED; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE
(AMPC 10-0001)
WHEREAS, on November 4, 2008, by Ordinance 2008-286, the City Council approved a
a zoning change from the 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 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, as Owner, has applied for an amendment to
Ordinance 2008-286 and the Inspiration (Hunter Ranch) Master Planned Community Zoning
District Classification and Use Designation therein created, with respect to roughly 3,134 Acres
of land legally described in Exhibit "A", attached hereto and incorporated herein by reference
(the "Property"), specifically to approve a supplement to the Zoning and Development Standards
Document, attached hereto and incorporated by reference herein as Exhibit "B", and an amended
Development Plan Map, attached hereto and incorporated by reference herein as Exhibit "C";
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 amendment; and
WHEREAS, the City Council finds that the requested 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
incorporated herein by reference and found to be true.
! SECTION 2. Ordinance 2008-286 and the Inspiration (Hunter Ranch) Master Planned
Community Zoning District Classification and Use Designation therein created are hereby
amended by the approval of the attached supplement to the Zoning and Development Standards
Document, attached hereto and incorporated by reference herein as Exhibit "B", and the approval
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of the amended Development Plan Map, attached hereto and incorporated by reference herein as
Exhibit "C", with respect to the approximately 3,134 acres of land legally described in Exhibit A,
attached hereto and incorporated herein by reference (the Property). All other provisions of the
Denton Development Code not specifically excepted by these Exhibits shall remain in full force
and effect.
SECTION 3. The provisions of this ordinance as they apply to the amendments herein
approved, shall govern and control over any conflicting provision of Ordinance No. 2008-286, to
the limited extent specified, and all provisions of Ordinance 2008-286 not explicitly amended
herein, shall continue in force and effect.
SECTION 4. A copy of this ordinance shall be attached to Ordinance 2008-286, showing
the amendment herein approved.
SECTION 5. 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 6. 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 7. 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.
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-PASSED AND APPROVED this the da , 2010.
:
' MARK A. U~ ~GH , MAYOR
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ATTEST:-
JENNIFER WALTERS, CITY SECRETARY
BY: '
APPROVED AS TO LEGAL FORM:
ANITA A.BURGESS, CITY ATTORNEY
BY: F ~-Page 2
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Exhibit A
(Legal Description of the Property)
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
TRACT 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 distance 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 r~ecorded
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 ōf 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 Ieaning 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 Rancli 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 89°51'25" W, along a reentrant line of said Petrus TRACT I and a reentrant line of
said Robson tract, a distance of 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 00°07'42" 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 obliterated) 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 89°47'18" 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°47'18" E, 3.4 feet (Deeds 3 feet & 3.46 feet);
THENCE N 01 020'11" 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;
THENCE N 89°29'43" 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 TRACT 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 thê 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°O1'25" E, 1.2
feet;
Southeasterly, along a non tangent curve to the right, having a radius point that bears
S 17°3632" 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 wood 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 28053'13" 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, a central angle of
01 °29'56", 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 Petrus 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
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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° 1838" W, parallel to and 205 feet from the centerline of said Highway, a distance of
400.06 feet (State 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 aforêmentioned 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 broken concrete highway monument found;
N 19012'11" 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 10043'01" 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 deed 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°36'53" W, 11309.16 feet, a central angle ōf 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 32051'03" 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" rebar
capped (illegible) found at the most easterly southeast corner of a tract of land as
described 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/35 W 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 I and the northwest corner of said Robson/35W Investors, L.P. tract;
I
S 00°18'48" E, a distance of 2378.16 feet (County deed 2378.16 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°06'08" 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 ín 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.
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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. Railroád
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 rnore particularly described as follows:
BEGINNING at a 60d nail found at the intêrsection 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 Petrus TRACT II, from which a 1" steel pipe found bears
N 42°31'15" 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;
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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 "Goōdwin &
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 70°5924" E, 536.50 feet, a central angle of 19° 11'48", 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 00° 13' 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 said Petrus
TRACT II and the north line of SOUTHWEST PUMP STATION ADDITION, 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 Records, Denton
County, Texas bears N 89°54'08" E, 4.00 feet by plat call;
THENCE S 89°54'08" W, departing sáid 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 "Carter & 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 23044'51" E, a distance of 203.21 feet (State deed 201.00 feet, Petrus deed 203.06 feet)
to a l/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 ōf.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 76013'31" 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 °39'22" 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°4031" W, a distance of 209.99 feet (State deed 210.00 feet, Petrus deed 210.76
feet) to a 112" 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 highwáy 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.l deed 67.40 feet;
THENCE 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. l, 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 89°5921" 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 8919' 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 BEGINNING
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:
BEGINNING 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 00°26'10" 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°5535" 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 00016'25" 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 11 Cole Froperty,
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 1, 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" rebar 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 Ol ° 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 Underwood 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 °41' 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 feet 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 distance 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 BEGINNING and containing
4,051,164 square feet or 93.002 acres of land.
TRACT FOLTR
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 Partners, 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 land.
' Exhibit B
Supplement to Zoning and Dêvelopment Standards Document
Exhibit B of Ordinance 2008-286, the Inspiration MPC zoning ordinance, is
amended by supplementation, to incorporate the following "exceptions" to
Subchapter 22, Gas Well Drilling and Production, of the Denton Development
Code, and to Subchapter 16, Subdivisions, of the Denton Development Code.
Exhibit B of Ordinance 2008-286 is further amended to delete the NR-1 (N) zoning
classification throughout, to show gas wells as permitted uses in all zoning
districts in the use tables at pages 4 and 8, and to delete note IL(9) on page 10.
AII references are to Sections and Subsections of the Denton Development Code.
A. Section 35.22.2 is excepted -to add the following definitions:
Gas Well Permit means a gas well permit applied for and issued or denied
under Subchapter 22 authorizing the drilling, completion, production, operation,
and re-work of one or more gas wells on a Gas Well Site.
Gas Well Site means a pad-site area from which gas drilling, completion,
production, operation, and rework activities will be conducted including, without
limitation, (i) existing Gas Well Sites 7, 10, F, J, and M shown on the
Development Plan Map, and (ii) future Gas Well Sites C and L shown on the
Development Plan Map. Any distance specified to a Gas Well Site means thê
shortest distance to any point on the perimeter of the Gas Well Site.
Proiect. For the. limited purpose of determining local permit rights for gas wells
under Chapter 245 of the Texas Local Government Code, as amended or
superseded,, a"project" means a Gas Well Site specified in a Gas Well
Development Plat application or Gas Well Permit application. AII future gas wells
contemplated by an approved Gas Well Development Plat for a given Gas Well
Site, including all drilling, completion, production, operation, and re-work activities
conducted on the site, are components of the "project" defined by the approved
Gas Well Development Plat as of the date of application for that Gas Well
Development Plat, and all future gas wells therein contemplated shall b'e
considered on the basis of the development standards existing, and not
exempted from local permit protection, on the date that the first Gas Well Permit
or Gas Well Development Plat contemplated by the "project" is applied for, or as
subsequently agreed to by the applicant as provided by §245.002(d) of the Texas
Local Government Code, as amended or superseded. Such "projects" are
subject to expiration concurrently with the expiration of a Gas Well Development
Plat as defined by Section 35.16.19.E. of the Denton Development Code (subject
to the exception described below), and permit applications for Gas Well Permits
are subject to expiratio.n as provided in §245.002(e) of the Texas Local
Government Code, as amended or superseded. No local permit rights shall act
tō preempt enforcement of laws, regulations, or development standards
exempted by §245.004 of the Texas Local Government Code, as amended or
superseded.
Protected Use means a. residence, church, hospital, public library, institution,
school, or public park.
Wellhead means the location at which the center of any gas well bore penetrates
the surface of the land.
B. Section 35.22.3 exceptions:
Section 35.22.3 is excepted to add a subsection "F", to read as follows:
F. The drilling and production of gas shall be allowed by right within the
boundaries of the Inspiration MPC except within the "No Drill Zones" shown on
the Development Plan Map. The maximum number of Gas Well Sites within the
Inspiration MPC shall be nineteen (19), with no more than four (4) sites located
west of the power line easement shown on the Development Plan Map, includi.ng
the positions labeled as sites 7, C, and 10, and no more than fifteen (15) sites
located east of the power line easement shown on the Development Plan Map.
Section 35.22.3.C. is excepted to read as follows:
C. A Gas Well Permit shall automatically terminate, unless extended by the
Fire Marshal as hereinafter provided; if drilling of the first well (or a new well)
within a Gas Well Site is not commenced within one year from the date the Gas
Well Permit is issued. If drilling of the first well (or a new well) within a Gas Well
Site is commenced within one year from the date the Gas Well Permit is issued,
the Gas Well Permit shall continue with respect to drilling, completion,
production, operation, and re-work activities for all wells covered by the permit
until all the wells are abandoned and the site restored.
Subsections A and B of Section 35.22.3 are excepted as applied to Gas
Well Sites 7, 109 C, and L to substitute (i) "seven hundred fifty feet (750')"
wherever "five hundred feet (500')" appears and (ii) "five hundred feet
(500')" wherever "two hundred fifty feet (250')" appears.
C. Section 35.22.4 is excepted to append a new subsection E, to read as
follows:
E. Drilling and production of gas may be conducted within the Inspiration
MPC without obtaining either a Specific Use Permit or Planned Devêlopment
Zoning District.
D. Subsection 35.22.5.A.2.b is excepted to append the following: From and
after any new well is drilled and completed on Gas Well Sites 7, 10, C, or L, a masonry
screening wall at least eight feet (8') high shall be constructed to screen a Protected
Use structure, for which: (i) a certificate ōf occupancy or permit has been issued, and (ii)
the nearest edge of which structure is within seven hundred fifty feet (750') from any
above-grade improvements within the Gas Well Site. The wall shall be constructed
within 60 days after the end of the first six-month period (beginning when drilling and
completion activities for the new well have been completed) during which there are no
ongoing drilling, completion, or re-work activities within the Gas Well Site. The wall
shall be constructed along the full length of the Gas Well Site that faces the Protected
Use structure and for a distance of at least fifty feet (50'). perpendicular to each end of
the facing wall and directed toward the interior of the Gas Well Site. The wall shall be
designed and constructed to be architecturally compatible with the surrounding
development
E. Subsection 35.22.5.A.3.b is excepted as follows: Directional lighting shall be
provided as required by the Occupational Safety and Health Administration (OSHA)
standards, or by any other applicable regulatory agency, during drilling, completion,
production, operation, and re-work activities. Directional lighting shall be installed and
maintained in such a manner as to shield the light source element from current and
future residential structures.
F. Subsection 35.22.5.A.3.c is excepted to append the following: During drilling
activities on Gas Well Sites 7, 10, C, and L, the operator shall install, monitor, and
maintain an atmospheric monitor to detect the accumulation of inethane gas at or above
-the lower explosive limit, and shall immediately notify the Fire Department of any
readings in excess of that limit, and shall take further corrective action as directed by
the Fire Marshal. The operator shall monitor each Gas Well Site for compliance with all
state and local regulatory requirements on a daily basis during drilling and completion
(including fracturing) activities and shall document any violations in a quarterly report
delivered to the Director of Planning and Development.
G. ' Subsection 35.22.5.A.3.d is excepted to add the following additional
subsections, applicable to Gas Well Sites 7, 10, C, and L only:
1. A noise mitigation plan shall be prepared for any Protected Use structure
for which a certificate of occupancy has been issued or final inspection
performed if the nearest edge of the structure is within seven hundŕed fifty feet
(750") of a Wellhead.
2. The noise level for drilling, completion, production, operation, and re-work
activities shall not exceed 79 decibels measured at any point seven hundred and
fifty feet (750') from the Gas Well Site. During drilling and completion, the
operator shall monitor noise levels to determine compliance.
H. . Subsection 35.22.A.3.e. is excepted to append the following as subsection
(i) For Gas Well Sites 7, 10, C, and L; there shall be no venting of gas into
the open air except as approved by the Fire Marshal. When -authorized by
the Texas Railroad Commission, flaring'shall be restricted to the hours of
8:00 am to 5:00 pm, Monday through Friday, and from 11:00 am to 5:00
pm on Saturdays and Sundays, unless there is an emergency that
presents an imminent threat to life or property. Any such emergency shall
be documented and justified in a report delivered to the Fire Marshal or
gas well inspector within 48 hours after the emergency.
1. Subsection 35.22.5.A.3.f is excepted to append the following as subsection
(i) For Gas Well Sites 7, 10, and C, vehicular access for drilling, completion,
production, and re-work activities will be limited to the eastern perimeters
of the sites.
J. Subsection 35.22.5.A.4. is excepted to append the following as subsection
(e)'
(e) For Gas Well Sites 7, 10, C, and L, storage tanks and separators may not
exceed eight feet (8') in height.
K. Subsections 35.22.10.F.3 and 35.22.10.F.4 are excepted as follows:
3. Each Gas Well Permit issued by the Fire Marshal shall specify the date by
which drilling. shall commence on at least one well covered by the permit
otherwise the permit expires (such date shall not be less than one year after the
date of issuance). A six-month extension shall be granted by the Fire Marshal if
the operator can demonstrate that the regulatory standards applicable to the
permit have not changed. A one-year extension may be granted by the Fire
Marshal if the operator can demonstrate that the regulatory standards applicable
to the permit have not changed.
4. Each Gas We(I Permit issued by the Fire. Marshal shall specify that if
drilling is commenced on at least one well covered by the permit prior to the
expiration of the permit, then the permit shall continue with respect to drilling,
completion, production, operation, and re-work activities for all wells covered by
the permit until all the wells are abandoned and the site restored.
L. Section 35.16.19:E. is excepted to read as foliows: A Gas Well Development
Plat shall expire two (2) years after it is approved unless within such two-year period
improvements have been commenced within the Gas Well Site. "Commencement of
improvements" includes, but is not limited to, (i) substantial completion of grading and
other site-preparation work necessary to create a pad site upon which drilling can
commence, or (ii) the construction of gas pipelines to the perimeter of the Gas Well Site.
If improvements are commenced within such two-year period, the Gas Well
Development Plat shall continue with respect to drilling, completion, production,
operation, and re-work activities for all wells covered by the plat until all the wells have
been abandoned and the site restored. The applícant may submit to the Fire Marshal
written requests for extensions of a Gas Well Development Plat, together with
documentation showing costs incurred to justify the requests. For so long as a Gas
Well Development Plat continues, drilling, completion, production, operation, and re-
work activities may be conducted within the Gas Well Site covered by the plat in the
manner and to the extent that such activities could have been conducted within the site
on the date the application for the Gas Well Development Plat was filed.
M. Section 35.20.2.M.3 is excepted to add subsection "a" as follows: As a
supplemental condition of plat approval for any phase of development within the
Inspiration MPC that is accessed primarily from Robson Rarich Road, if the City
Engineer or Development Review Engineêring Administrator determines from a
transportation impact analysis that improvements are required to the I-35W underpass
to accommodate the impacts of the Inspiration MPC development, the developer shall
fund or construct those improvements, subject only to the developer's statutory right to
challenge the proportionality of such requirements pursuant to Section 212.904 of the
Texas Local Government Code, as amended or superseded, and pursuant to the
Section 35.3.12 (or its successor provisions) of the Denton Development Code. The
scope of the proportionality review conducted pursuant to Section 35.3.12 shall be
limited to the impact of the proposed Inspiration MPC development on the I-35W
underpass. This specific additional requirement shall not apply to any,phase of the
Inspiration MPC development that takes access primarily from any other public road
external to the inspiration MPC development. This requirement is not subject to
variances that might otherwise apply under the Denton Development Code, criteria
manuals, statute, or common law.
Exhibit C
Amended Development Plan Map
Exhibit C of Ordinance 2008-286, (the Inspiration MPC Development Plan Map) is
superseded and replaced by this revised Development Plan Map showing, among other
things, the removal of former Gas Well Site D and the relocation of other Gas Well Sites.
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