2013-345ORDINANCE NO. 2013-345
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AND
APPROVING THE THIRD EXTENSION TO THE AGREEMENT BY AND BETWEEN THE
CITY OF DENTON, TEXAS AND DENTON 288, L.P. FOR THE PROVISION OF
SANITARY SEWER AND WATER FACILITIES" ORIGINALLY ENTERED INTO ON THE
STH DAY OF JUNE, 2007, SAID THIlZD EXTENSION BEING ENTERED INTO BY THE
CITY AND MESQUOAKEE, LLC., THE PRESENT OWNER OF RECORD OF THE
AFFECTED REALTY; PROVIDING THE CITY MANAGER WITH AUTHORITY TO
PERFORM SAID THIRD EXTENSION AND TO EXPEND FUNDS AS NECESSARY;
PROVIDING FOR RETROACTIVE CONFIRMATION AND APPROVAL THEREOF.
WHEREAS, the City of Denton, Texas and Denton 288 L.P., a Texas Limited
Partnership, entered into an "Agreement by and between the City of Denton, Texas and Denton
288, L.P." (hereafter the "Agreement") providing for the mutual costs and responsibilities
regarding the furnishing of water and sewer facilities regarding a certain tract of land, to be
developed in the future, described therein, within the City of Denton, commonly known as the
"Hills of Denton." This Agreement was approved by Ordinance No. 2007-125 by the City
Council on the Sth day of June, 2007; and
WHEREAS, the City of Denton, Texas and Denton 288 L.P., a Texas Limited
Partnership entered into a"First Extension to the Agreement by and between the City of Denton,
Texas and Denton 288, L.P., a Texas Limited Partnership" (hereafter the "First Extension") for a
further two-year term, from and after June 5, 2009 providing for the mutual costs and
responsibilities of the parties regarding their mutual obligations regarding the furnishing of sewer
and water facilities to that same tract of land described therein, within the City of Denton,
commonly known as the "Hills of Denton." This First Extension was approved by Ordinance
No. 2009-095 by the City Council on the 21St day of April, 2009; and
WHEREAS, since April 21, 2009 the circumstances have materially changed, as the
"Hills of Denton" formerly owned by Denton 288 L.P., a Texas Limited Partnership, filed a
Chapter 11 Bankruptcy in the Northern District of Texas, Dallas Division, being Case No. 10-
33213, and an Order was entered by the Bankruptcy Court on October 8, 2010 entitled "Agreed
Order Lifting the Automatic Stay as to Compass Bank and Resolving All Remaining Issues in
the Bankruptcy Case." As a result of such filing, a non judicial foreclosure sale was conducted
in Denton County, Texas on the 7th day of December, 2010; COMPASS BANK, an Alabama
State Banking Corporation and successor-in-interest to Texas State Bank (hereafter "COMPASS
BANK"), was the successful bidder for the property described in both the Agreement and the
First Extension; and
WHEREAS, in early 2011, following the non judicial foreclosure sale referenced in the
preceding paragraph, COMPASS BANK, the then record owner of said tract of real estate
requested that the City of Denton, Texas further extend the Agreement for an additional period of
two years, from June 5, 2011 until June 5, 2013; COMPASS BANK stated that it was making its
best efforts to sell the real property to a qualified developer and the "Second Extension to the
Agreement by and between the City of Denton, Texas and Denton 288, L.P." (hereafter the
�.
"Second Extension") was entered into by the City and COMPASS BANK, being executed on the
17`h day of May, 2011, and which Second Extension was approved by Ordinance No. 2011-084
by the City Council; and
WHEREAS, COMPA5S BANK has sold and conveyed the said real property commonly
known as the "Hills of Denton" to MESQUOAKEE, LLC, a Texas Limited Liability Company
(hereafter "MLLC") which has plans to develop the said real property known generally as the
"Hills of Denton." MLLC has requested that the City further extend the said Agreement for an
additional period of five (5) years, until June 5, 2018; and the City has conditioned such
extension upon the agreement of MLLC to two (2) additional conditions which are set forth more
specifically in said "Third Extension to the Agreement by and between the City of Denton, Texas
and Denton 288, L.P." (hereafter the "Third Extension);" and the City further requires that this
Third Amendment be approved simultaneously by the City Council, along with the
Memorandum of Understanding with Denton Municipal Electric; and
WHEREAS,
appropriate for the
Extension; and
as the Second Extension expired on the Sth day of June, 2013, it is
City Council to ratify, coniirm and approve retroactively, the Third
WHEREAS, the City is of the opinion that the Third Extension is in the best interests of
the City and provides for the measured water and sewer growth of a potential new large
development north of the City of Denton, and further that a valid governmental purpose is served
by said Third Extension; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and factual statements contained in the Preamble of this
ordinanceIT are true and correct and are deemed to be a part of this Ordinance.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute a"Third
Extension to the Agreement by and between the City of Denton, Texas and Denton 288, L.P."
extending the terms of the Agreement for a period of an additional five-years from and after June
5, 2013 and ending on June 5, 2018, regarding that same real property more particularly
described in the original "Agreement by and between the City of Denton, Texas and Denton 288,
L.P. for the Provision of Sanitary Sewer and Water Facilities;" such further extension being in
substantially the form of the Third Extension which is attached hereto and made a part of this
ordinance for all purposes; as well as to exercise all rights and duties of the City of Denton,
Texas under the Third Extension.
SECTION 3. The City Manager, or his designee, is hereby authorized to expend funds as
necessary as provided for in the original Agreement as well as the Third Extension.
SECTION 4. This ordinance is ratiiied, confirmed and approved retroactively, effective
the Sth day of June 2013.
Page 2
PASSED AND APPROVED this the ���°� day of m�� ���� �� � � ��"��� , 2013.
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�T�.1 � �. ��.J���T�����I-� a, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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ANITA BURGESS, CITY ATTORNEY
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THIRD EXTENSION TO THE AGREEMENT BY AND BETWEEN
T11E Cll 1 oF LL�1V lo1Vy lEdLL-1iJ L-11VL LL�1V lo1V �OOy L.r.
FOR THE PROVISION OF SANITARY SEWER AND WATER FAC`[ �.1'�'�E ���
,
This THIRD EXTENSION is made and entered into this th�; ���'�`'day �1��W. ��� 9 r �T,n.
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?�-�N; but is effective from and after the St�' day of June, 2013, by and h�tr��� t��� City�i�'
Denton, a Texas municipal corporation, with its principal offices at 215 East 1���I��i�r��y+, Denton,
Texas 76201, hereinafter referred to as "City"; and MESQUOAKEE, LLC., a Texas Lirnited
Liability Company, and being hereinafter referred to as "MLLC," or as "Developer," whose
principal offices are located at 1601 Elm Street, Suite 4000, Dallas, Texas 75201; now being the
owner and successor-in-interest regarding that certain real property described generally as the
"Hills of Denton" the same being legally described as an approximate 2,121 acre tract of land,
which is mare particularly described in Exhibit 66 ^ 99 attached hereto and incorporated herewith
Li
by reference (the "Property").
WITNESSETH
WHEREAS, City and MLLC find it necessary and appropriate to agree to this "Third
Extension to the Agreement by and between the City of Denton, Texas and Denton 288, L,P. for
the Provision of Sanitary Sewer and Water Facilities" (hereafter the "Third Extension"); and
WHER.EAS, certain off-site sanitary sewer facilities need to be constructed in order to
meet the demands projected to be created by the development of the Property (hereafter the
"Development"); and
WHEREAS, in addition, the City desires to construct sanitary sewer facilities to meet the
needs of the City, which are above and beyond the needs projected to be created by this
Development; and
WHEREAS, certain off-site connections ta the City's water distribution facilities will
need to be constructed by the Developer when the Property is developed, at the Developer's cost
to provide potable water service to the Development; and
WHEREAS, the City and the Developer have entered into this Agreement and this Third
Extension in order to set forth the general terms, conditions, and provisions under which the
proposed sanitary sewer facilities and the proposed water distribution facilities will be
constructed and be paid for; and
WHEREAS, on the Sth day of June, 2007, the City and Dentan 288, L.P., a Texas Limited
Partnership (hereafter "Denton 28899), the then owner of the real property described below,
entered into an "Agreement by and between the City of Denton, Texas and Denton 288, L.P. for
the Provision of Sanitary Sewer and Water Facilities" (hereafter the "Agreement"); which
Agreement was approved by the City Council on June 5, 2007, by Ordinance No. 2007-125; and
WHEREAS, thereafter, on the 21St day of April, 2009, the City and Denton 288, L.P.
entered into the "First Extension to the Agreement by and between the City of Denton, Texas
and Denton 288, L.P. for the Provision of Sanitary Sewer and Water Facilities" (hereafter the
"First Extension"), which First Extension extended the provisions of the June 5, 2007
Agreement, from and after its effective date of June 5, 2009, the end of the Agreement's primary
term, for a period of two additional years, until June 5, 2011; which First Extension was
approved by the City Council on April 21, 2009, by Ordinance No. 2009-095; and
WHEREAS, thereafter, a Chapter 11 Bankruptcy case (Case No. 10-33213) in the U.S.
Bankruptcy Court far the Northern District occurred with respect to Denton 288, L.P., and as a
result thereof, by an "Agreed Order Lifting the Automatic Stay as to Compass Bank and
Resolving All Remaining Issues in the Bankruptcy Case," which order was entered on October 8,
2010; and as a result of such Order, a non judicial foreclosure sale of the subject real property
was conducted on the i`�' day of December, 2010, and COMPASS BANK, an Alabama State
Banking Corporation (hereafter 6`COMPASS99), being the successor-in-interest to Texas State
Bank, was the successful bidder for said real property at such sale and at that time became the
ovvner of record of such real property; and
WHEREAS, thereafter, on the 17t�' day of May, 2011, the City and COMPASS entered
into a further agreement entitled "Second Extension to the Agreement by and between the City
of Denton, Texas and Denton 288, L.P., for the Provision of Sanitary Sewer and Water
Facilities" (hereafter the "Second Extension"), which Second Extension was approved by the
City Council on May 17, 2011 by Ordinance No. 2011-084, for a period of two years, until June
5, 2013, so that COMPASS could find a suitable transferee to convey the said real property to;
and
WHEREAS, now the Second Extension has nearly expired and MESQUOAKEE, LLC, a
Texas Limited Liability Company, the current owner of record of such real property, has
requested that the City grant it a five-year further extension, until June 5, 2018, in order for it or
its assigns to develop and finance the Development; and the City is willing to do so, as it
believes that this Third Extension is in the best interests of the City, and provides for the
measured water and sewer growth of a new development north of the City of Denton, Texas, and
such plan serves a valid governmental purpose, with the following additional conditions;
a) City reserves the right to utilize the funds necessary for the construction and completion
of Phase 1(as defined in Section 2 of the Agreement) of the Project by MESQUOAKEE,
LLC for extension of the interceptor sewer further downstream and construction of a lift
station at the terminus of this interceptor sewer extension resulting in sufiicient sanitary
sewer capacity to fully serve the Property
b) MESQUOAKEE, LLC agrees to pay one-half of the yearly Texas Commission on
Environmental Quality - Clear Creek Water Reclamation Plant discharge permit fees
annually charged to the City. The City shall invoice MLLC for one-half of the amount
upon the City's payment to the State of Texas and shall attach a copy of the State of
Texas' billing statement to the City illustrating the amount paid. MLLC shall pay directly
to CITY its share of such amount within thirty (30) days after issuance of the billing
staiernent by the CITY, MLLC's obligations to pay under this provision shall cease
immediately upon the first to occur of (i} the expiration of the Agreement, (ii) MLLC's
payment to the City of the costs assaciated with Phase I of the Agreement, (iii) MLLC's
completion of Phase I of the Agreement, or (iv) the mutual agreement by the Parties.
NOW, THEREFORE, in consideration of the promises and the mutual obligations herein,
the parties hereta do hereby mutually AGREE as follows:
1. The preamble, recitations and the conditions recited hereinabove are expressly
incarporated herewith and are deemed to be a part of this Third Extension.
2. This Third Extension shall be for a term of an additional sixty (60) months,
beginning effective June 5, 2013 and ending on June 5, 2018. This Third Extension may
terminate sooner in accordance with the provisions of the original Agreement of June 5, 2007.
3. Full and accurate records shall be maintained by the MLLC and/or the Purchaser,
at its place af business with respect to all matters covered by the Agreement and this Third
Extension. Such records shall be maintained by MLLC and/or the Purchaser for a period of at
least three (3) years after the date of termination of this Third Extension.
4. City and MLLC and/or the Purchaser agree that they will use their best efforts to
resalve any dispute(s) regarding the Agreement and Third Extension, through the use of
negotiation. In the event that the dispute(s) cannot be resolved, then the parties agree that
mediation or other forms of alternate dispute resolution as are set forth in Chapter 154 of the
Texas Civil Practice and Remedies Code shall be pursued without delay.
5. Unless expressly rnodified by this Third Extension all of the terms and provisions
of the "Agreement by and between the City of Denton, Texas and Denton 28$, L.P. for the
Provision of Sanitary Sewer and Water Facilities" shall remain in full force and effect.
6. This Third Extension shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, executors, administrators, legal representatives, successors, and
assigns where permitted by this Third Extension.
IN WITNESS WHEREOF, the City of Denton, Texas, has caused this Third Extension to
be executed by its duly authorized City Manager; and MLLC has executed this Third Extension
by and thraugh its duly authorized undersigned officer, dated this the 17t�' day of December,
2013; but to be effective, confirmed and ratified as of the St�' day of June, 2013.
i��M��i
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By �� �� .. ���. ,y�
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GEORGE C C".�����f�:l �I�.,_
CITY MANAGER
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT "A"
LEGAL DESCRIPTIQN OF THE DEVELOPMENT
I.EGAL D!'�S�RIPTION
All that certain traci ot' land situated in thc Morris May Survey, Abstract Number 807, th� J. S.
Collard Survey, Abstract Number 297. the Alexander Whitc Survey, Absirac['Number l406', and
lhc Victor Gnilor $urvey Abstract Number 452,'Uenton County, '1'exas And.being all of the called
299.738 acre trACt dcscribed in the decd.from Nairn/Oates 8z Galloway, Inc. to Larry E.'Kuhlken
ct ux recordcd in Valuine 1312, Pagc l46 oF the Rea1 i'roperty Records of Dcnton County,
Texas, part af the called 384.521 acre tract described in the Deed froiYi Amwest Savings
Associati�a� tv i:F�wx°�,�ce G, KLrl��t�ers �� u� r��+����r� in Volume 3134, Pa�e 537, of �he said Real
I'roperiy F��cr�rds, �nct �li r�#`the ��ll��i ��.87Y ac:r�� dcscribed in the Deed froin.Blsie 1.:. Cole to
Larcy E. K.ua�rllc�a� ci u� �-��:�r�c� is� "�1�r���r�1c ���"�C), PaSe 633 of thc Real Property.Records;�the
subject tr�c�e E.�r�:i��� t�s�ca�s� �a�riicuCa�-ly d�s�r+�a�d �s foltows:
B�GTNNING for ihe Southcast• corncr of the tracl being dcscribed herein al a 5/8 inch .iron. rad
found at the Southeast corner oF. the. 299.738 acre tract and thc Northeast corner of lhe cailed
1] 0.257, acre lract described in the I�eed from Teri. Taylor Companies, C»c. to Vandalar Partners
rccorded under Clerk's Pile Number• .93-00944.97 on. the Souiti lfnC af ihe Victor L. Gailor
Survey, Abstrz�ct Number 452 and the Wost righi-of-way:line•of T'M- Highway 2164;
'rI-1LNCF.. North 8$ degrees 42 minuCes 41 seconiis Wcst gencrally, along an cstablishcd fence
line�with the Sou�h line of the 299.738 acre tract a distance of 4853.39 feet to a!/=:inch iron rod
.found at n fcnce corncr post in an abandoned road;
"I'I-LENCG North O1 degrees 12 minutes 24 scconds Cast generally alaag an established fcnce .lin�
in the old road.with the Wc;st line of the.299.,738 acre tracl a distance of 1 186.17 feet io a'/z inch�
iron rod found at a fencc comer post a� the raentrant corner thereof;
TI•IENCE Norch 8$ degrees 22 minutes S 1 seconds West, a distance of l 733.23 fcet Co a fcnce
corner post at,thc Southwesl corner of the 299.738 aere tract;.
"1'HENCT' North 88 degrees 2$ minutes 53- seconds West gceerafly along an estAblished fencc
line with tl�e South line of the �4.871 acrc trar�,t .a distance oF 596.1 1 Feet t.o a'/a inch iion rod
found at an �ngle point therein;
THFNCE North 89 dcgrees 09 minutcs i5 seconds West cotitinuing with thc South Line oi'the
64.871 acrc tract a di'stance of 1092.40 feet to a'/Z i�ich:iron rod found with a yell�w plastic cap
hercinafter roferred to •as a Y: inch iron rod found;•
THENCE 5outh 70 degrees O1 minutes 42.seconds Wcst�a distance of I 10.83 fect tp a'/z. inch
iron rod found;
'i'I-I�NCE North 88 degrces 49 minutes.03 seconds West �. dist�u�►cc of 685.29.fect to a%2 inch
ir�n rod found;
THF..NCE North Ol degrees S 1 minutes 27:seconds East a di'stancc; of 39.81 feet to a%Z inch iron
rod found;
Legal Dcscription -- PAge l
T►-l1�NC�l; South•8,9�degrees,30,minutes 32'seconds rast�a.di'stance•'of�624.6_l fee�•to.a''/?.inch iroir
rod fou»d; �
Ti•IENCI:�North 01 desrees 00 mii�utes SO secc���ds ��st ��n�ra3,ly ��a�a� ��� ��t��s�is����� ����e �i���
with the West liiie of', the 64.8�71 acre tract'a di���nc� �a� � 7�4.2� i'��t tv. ��r���-��ci %.��� crs�r��r
}��.��d �t th�, I`�c��•tti�a:�t corner of�thc�oalle�.��,�'�3 bt��:��s �i���rxl�.�I ;��7 °���� 'C���� fr�ii� L;r�ti1 `�1:
��i���v��tt tc��i��yb� �°ia�ch recordcd.in Vokutr�� ���,.k'��� �,�'7•,��`t���.l�,cz�,t �"gc���rty ���ards �r�d cl��
rr�t�:�t ���11ic�°ly:��sut�east corner oi'thc �a#���i 7�,'��"�'��r•e� �l���ri�+��i it�,tl�� ���� fr��r� ����.cr,
�Irwin, l�elancy ci ux to Thom��s K:��I:ulton et ux recocded in Volunic:83�; }'SSe�•373 of �he.Rcal
Properfy ltecords;
T[-IF[�1CL.Nortti,00 iiegrces•39.'ininutes,:51 secot�ds.East generall'y �lcin�; �rt.�establi�sl��d fcncc'line
�vith the West•linc o[;thc 64�.871 acrc tract�a distance of' ]40.82 feet to a�'fence.corner•post'ut _che
Northwest corner tt�ereof;
Tl-{ENCE Souih �� cfc�r��� i 0��������kt�s: ��i ��coniis Cast,gencrally.,along an���tK�b[i�i��ci terice ti'ie
witl� the Nonh� lin�: i�F th�; ��.�71'r:��re ta`�c:t ��nd'the South; liiic of•thc �7.2:7C�� �lcr�:;tract �s distt�r��e,
of 10l39.99� fcet t� �'.�� i��ch irnr� �c�� �"c�ur�c� `��t:a feiice: coriter.,at� �lhe� Soutlic�st �crrr��r �1����;e�f,,'t��e
Northe�st corncr of'the 64r87] acre lracC;and:an;�tngle Point on,th�•Wesf; lirie,of the,384:52] acre:
tract;
Ti-(�NCr Nortii OO.tiegrees� 5$ .m.inutes'1 Ci ;seconds'E.�ist�:aloiis a w�ll::establisfied� fence �vith,ihe�
East line of lhe cAllcd, 0:022 of an �cre';tract-described:in che:dee:d from ;Lawrence F. Kuhll:rri �:',
Jcanine Kuhlken to,'E'honias K. i�.ulton et.ux�.recordcd�:undcr"a �t�r�"s,t"il� Numhier..2004-82939; �a
distance of G60.87 �eet co a'/a �inch iron :rod 'with "a ,ycll"o�� ptas�.ic: �:�p st�mpcd ".COL�MAN
-R.P.L.S. 4d,01" sct at a fence comer�nost.atlhe�Norttteasl�co��n�:r ti��,r���'�
'i"HEN�C� TVorth K6' dcgrces 29� minutes• O�l �scCOnds�. 1Nest. afong= a fc�tcc callcc�. .Foc in the
�ciescription of the:72:769 �acre_tracl and:.the;North.iinc oE.':the saiil 0.022,:of'ari acre tract'distancc
'of 2:90 fcet ta the.North��est.corn,er• thereof on thc West:lirie of.tNe 384:521 lcre tract;,
'7'f-�ENCE Nonh.00 cle�;rees 43 minutcs'13 seconds East,.witli thc ViWest line of the 384.521 �►cre
tract and Ea�t of An cstublished fcricc �,distance.of l'41�1�.39 i'cet.to a'1z incl��iron r"od':lound w�itli �
pl�stic ca� sfamped "Alliance" al,the Northwest�corner ttiercof;
''f't-II�NCE Soutli 88 i3cgree's 52.niinittes �53 seconds Nast,generally';alorig'an'establishea Fence�line
wich ihe'I�brth� iine.of ihe, 384:521, acre t;ract a distance of .1928:72. fect'to a•��A incti�.iron.pipe
found al an angl.e poi,nt tlierein;
"['�-CENCE.Soulh.89�de�recs SO minutcs •1 1"secotids Fast continuing generally,alorig;a Cence�part�.
of:the way tind with�the,Noi-th.line,of the°384.521, acrc tract.a:distance of 1482:37 �feei to.a'/.z�incH
iron rcid found at',the Northcrly Northeast,corner thereof;
'fI-iENCL Soiitli Qd de�rees 06 minutes �38 seconds' Eti§i' gencrally along� a.fcnce �pa�'t of ihc,,way
and���itll.the. most. Norther�z East fine.of:che..a$4.521 ,acre traet�� distance;of 12fl1.42 feet:to a�.
'fenc� corner;post;-
Leb�! Desci�iption — Page ?
TI•[rNCL South 89 dc�r��s �� i�aia��st�s 3.1 seconds.�ast•�,enerally aforig ai� estableshed.fcnce.line
�vilh the North line t��t��� 3�4.��i a�r� tract a distance af;3$98.05 feet ta a�'/z inch ir�n.rod f'ourid
at tlte f:asterly Norti�e.��t �t��mcr �h�r�ra{°on tlie West;ri�;ht-of=�vay line of.ihc.FM.FEighway.2164;
THENCE� wiiti thc West right-af wAy linc of I'N1��Higlzway 2164 �nd thc Easf line�of tiic 384.521
acrc�lract thc,foll�win� 9 culls:
l. Soutli.00•de�rees 43 minutes 02 seconds �WeSt,a�ciisiance of 602;2R •Fect�to•a-'/Z inch iron
'rod�found;
2. So�ith 06 acgrees 25 �ninutcs'13 seconcls West a distancc of lU0.4� fec;t to �'/z� inch iron.
rod fouiid;
3. South 00; dcgrces '4�..minutc;s. 5.0 seconds West �a distance of�200.02'fcet :to a'/z inclr iron
rod found;
4. 'South 04 de�recs 58�_minutes 49 seconds Cast„a'distance of 100.42.fcet ta.a, %z inch iron
rod fbund;
�5: Sauth 00 dtgrces'40 i�iinutes A3;scconds'W.est a dist�nce�af 400;12 fecl Co a'/z��inch�i�on
rocl found;
6. South 09 degrecs.0� minutes 23 secnnds West a.distance.of.141.09 fcct:to a.!%z,inch iroii
rod� found; � "
7. South..OQ dcgr�es 46 minutcs•43 secorids Wcst;a distancc `of.299:G8 feet. to a woa�i riglit-
�of-.:way�monument found;
8. Sout}i 07 de�rees 40,i��i:nuies: 33'sccorids.rast'a..distance ��f l Ol :b3, feet to a:'/. irict►:iron,
rod' found;
9. South OO..degrecs.4? minul�s 49 seconds West a,.distance of:?38.45 ;Feel ta.� %z incli..iron
rod fo�ind at tkie Soutlieast corner.. of the 3$4,52.1 acre tract �nd the:N��the�st:.corner of'thc=
299.738 aere•t'raec;
TI-���+��:.S�suc�� �lfl.debrees 4i min����s �� ��cc�ands V1!est'with-the Wcst_righf-of-�vay linc,of•Fl�rl
i���ht�r��y ���� azaci 'the Cast line c�f' t�c ��'�, 738 'acre tract �a ;ciist?iice of • 1.941.06. feet� to the
F'�r1.�� C)�' F3�wCiii'�N1NG and.rN��.:(�SI��;,i i�8.9$3 acres.
I�egul Descripcion.— Puge�3