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2011-124FILE REFERENCE FORM2011-124 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other *RDINANCE NO.4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A 1,805.78 ACRE DETAILED PLAN TO AMEND TWO (2) PREVIOUSLY APPROVED DETAIL PLANS. THE SUBJECT DETAIL PLAN WILL ALLOW (1) THE CREATION AND SUBSEQUENT DEVELOPMENT OF 4,288 SINGLE-FAMILY RESIDENTIAL LOTS; (2) A GOLF COURSE; (3) A BASEBALL FIELD; (4) THE RELOCATION OF A PREVIOUS GAS PARK (GAS PARK 13) APPROXIMATELY 307 FEET NORTH FROM PREVIOUSLY APPROVED LOCATION; AND (5) THE ELIMINATION OF A PREVIOUSLY APPROVED GAS PARK (GAS PARK 9). THE SUBJECT SITE IS LOCATED NORTH OF CRAWFORD ROAD, SOUTH OF H. LIVELY ROAD, EAST OF FLORENCE ROAD, AND WEST OF HUNTER RANCH MASTER PLANNED COMMUNITY (AMPC10-0001); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z08-0021) WHEREAS, on August 3, 1999, by Ordinance 99-265 the City Council approved a Concept Plan for 2,725 acres of land designated as the Planned Development 173 (PD -173) zoning district, as more particularly described therein; and WHEREAS, February 15, 2000, by Ordinance 2000-059, the City Council approved a Detail Plan for 1,361.3 acres of the Planned Development 173 (PD- 173) zoning district, as more particularly described therein, and WHEREAS, on July 17, 2001, by Ordinance 2001-247, the City Council approved an amendment to the Concept Plan of the Planned Development 173(PD-173) zoning district, as more particularly described therein, and specifically authorizing the creation of up to 15-20 gas well parks as defined and restricted therein; and WHEREAS, on November 4, 2008, by Ordinance 2008-285, the City Council approved a Detailed Plan, as more particularly described therein, and specifically authorizing the development of two gas well parks as defined and restricted therein; and WHEREAS, on April 7, 2009, by Ordinance 2009-084, the City Council approved a Concept Plan amendment to allow for the relocation of a storage tank facility as defined and restricted therein; and WHEREAS, on April 7, 2009, by Ordinance 2009-085, the City Council approved a Detailed Plan, as more particularly described therein, and specifically authorizing the development of three gas parks and a storage tank facility as defined and restricted therein; and WHEREAS, on April 21, 2009, by Ordinance 2009-103, the City Council approved a Detailed Plan, as more particularly described therein, and specifically authorized the development of one gas park as defined and restricted therein; WHEREAS, Robson Denton Development, LP., has applied for a Detailed Plan to amend two (2) previously approved Detailed Plans to allow (1) the creation and subsequent development of 4,288 single-family residential lots; (2) a golf course; (3) a baseball field; (4) the relocation of a previously approved Gas Park (Gas Park 13) approximately 307 feet north from its previously approved location and (5) the elimination of a previously approved Gas Park (Gas Park 9) on approximately 1,805.78 acres, legally described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property") and as defined by Exhibits "B", LLC999 441)99' 44E99' "F", "G", and H", attached hereto and incorporated herein by reference; and WHEREAS, on June 1, 2011, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the requested Detailed Plan amendment; and WHEREAS, the Detailed Plan does not address certain previously approved or future gas well parks originally shown on the Concept Plan; and WHEREAS, the City Council finds that the Detailed Plan as amended, is consistent with the Denton Plan, and Chapter 35, Article IV, of the Denton Code, as well as the previously amended Concept Plans; 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. A Detailed Plan amendment for the subject property currently zoned as PD 173 is hereby approved, subject to the following conditions: All original conditions of approval and subsequent modifications associated with PD 173 shall remain valid, unless otherwise specified herein, and to the extent not shown in the previous approvals relating to PD 173 or this Detailed Plan, the City of Denton Code of Ordinances, as now written or hereafter amended, shall apply. 2. The Detailed Plan as submitted and shown in Exhibits `B"9 9 "C" "D"9 "E"9 9 "F" "G"9 and H", shall guide the development of the land within the PD subject to such Plan. Prior to approval of a plat, the applicant shall submit a report showing the proposed water and sewer demand for the use. The City's denial or approval shall be contingent upon available capacities to service the project. 4. The standards for new gas well drilling and production shall be the same as in DDC Subchapters 16 and 22, as now written or hereafter amended, except as noted below: (a) Gas wells at Gas Park Number 13 will not be located closer than two hundred -fifty feet (250') from residential property nor closer than three hundred feet (300') from a public assembly area, institution, or school. (b) Gas Park 13 shall be relocated some 307 feet north of its originally approved site, and as set forth in Exhibits "l", "12" and "13". Therefore, no Gas Well Permits will be issued for wells at the previous Gas Park 13 site as depicted in Ordinance 2003-324 and Plat GWP03-0030. (c) Notice of natural gas and mineral exploration and extraction will be provided to original residential property purchasers, in writing, at the time the developer and the purchaser execute a contract of sale. Such notice shall include information that gas wells may be re-fractured or re -worked after the initial drilling. Furthermore, at the time of contracting, each residential property purchaser shall be provided a map of the area where they are purchasing property, showing at least 1,000' surrounding their home site, which map shall depict gas wells, potential gas wells, gas tank storage facilities and major gas related infrastructure. Additionally, a sign denoting the location of Gas Park 13 shall be conspicuously posted on the Gas Park site until the commencement of the drilling of the first well. Such sign will include the Tax ID number of the operator and the project number assigned to the Gas Well Development Plat application, and, if the property has been platted, a copy of the gas well plat. The sign shall be of a size and configuration as required by the City Manager or his designee. Nothing herein shall be deemed to subject this signage, as required by this condition, to Subchapter 15 of Chapter 35 of the City of Denton Code of Ordinances. (d) Gas Well Park G will be fenced within sixty (60) days of approval of this ordinance consistent with the fencing height, materials, and standards of previously approved gas well parks in this development. Gas Well Park Number 13 will be fenced as required in Chapter 35, Subchapter 22 of the City of Denton Code of Ordinances, in a manner which is consistent with the fencing height, materials, and standards of previously approved gas well parks in this development 5. Fire emergency vehicles will be allowed access to the Robson Ranch development off Lively Road. Applicant will provide a key for the Fire Department at the Robson Guard House for the Department's use, where practicable; however, the Department may make forced entry by cutting locks or chains, as necessary, and costs associated with replacement shall be the responsibility of the applicant. SECTION 3. The Detailed Plan amendment attached hereto and incorporated herein by reference as Exhibits "B", "C", "D", "E", "F", "G" and "H", is hereby approved for the property. SECTION 4. Ordinance 2000-059 and 2003-324 are hereby amended by the approval of the Detailed Plan attached hereto as Exhibits `B"9 "C"7 "D" ) "E"1 "F"7 "G" and "H" and incorporated herein by reference. SECTION 5. The provisions of this ordinance as they apply to the amendments herein approved, shall govern and control over any conflicting provisions of Ordinance No. 2000-059 and 2003-324, but all the provisions of Ordinance 2000-059 and 2003-324, insofar as they apply to the regulations of the district not herein amended, shall continue in force and effect, and shall apply to the remainder of that Detailed Plan. SECTION 6. A copy of this ordinance shall be attached to Ordinance 2000-059, and 2003-324, showing the amendments herein approved. SECTION 7. 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 8. 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 9. 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. 116 PASSED AND APPROVED this the f-?'4'day D �':� � t � z �, , 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 4h � � BY Exhibit A (Property) LEGAL DESCRIPTION Being a 2747.16 acre tract of land situated in the M. Scurlock Survey, Abstract No. 1141, the F. Garcia Survey, Abstract No. 502, the J. H. Paine Survey, Abstract No. 1617, the J. McGowan Survey, Abstract No. 798, the B.B.B. & C.R.R. Survey, Abstract No. 197, the T. & P.R.R. Survey, Abstract No. 1301, W. L. Dunning Survey, Abstract No. 1568, the F. Oliver Survey, Abstract No. 989, the G. Pettingale Survey, Abstract No. 1041, and the B.B.B. & C.R.R. Co. Survey, Abstract No. 176, Denton County, Texas, said 2747.25 acre tract of land being that same tract of land as described by Warranty Deeds to Robson Denton Development, as recorded in Volume 4373, Page 216 and Volume 4373, Page 284 of the Deed Records, Denton County, Texas, said 2747.16 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for the apparent southeast corner of said M. Scurlock Survey Abstract No. 1141, the southeast corner of a called 2426.81 acre tract as recorded in Special Warranty Deed to Robson Denton Development, LP in Volume 4373, Page 216 of said Deed Records, Denton County, Texas, the most southerly southwest corner of a tract of land deeded to Hillwood/McCutchin, Ltd. as recorded in Volume 2470, Page 678 of said Deed Records, Denton County, Texas, and the southwest corner of the E. Pizano Survey, Abstract No. 994, Denton County, Texas; THENCE N89051'21"W, with the south line of said M. Scurlock Survey, said 2426.81 acre tract as recorded in Special Warranty Deed to Robson Denton Development, LP in Volume 4373, Page 216 of said Deed Records, Denton County, Texas and with the approximate center of said Crawford Road, a distance of 10158.30 feet to a 5/8 inch iron rod, the southerly most southwest corner of said 2426.81 acre tract, the southwest corner of said M. Scurlock Survey, and also the southwest corner of a called 471.7 acre tract of land recorded in Volume 254, Page 576 of said Deed Records, Denton County, Texas; THENCE N00°00'47"E, with the west line of said M. Scurlock Survey, the west line of said 2426.81 acre tract as recorded in Special Warranty Deed to Robson Denton Development, LP in Volume 4373, Page 216 of said Deed Records, Denton County, Texas and with the west line of said 471.7 acre tract of land, a distance of 3696.25 feet to a 5/8 inch iron rod found for corner, an exterior ell corner of said 2426.81 acre tract, from which a bois d' arc fence corner post in concrete found for the apparent northeast corner of said W. L. Dunning Survey, the northeast corner of a called 32.7 acre tract of land recorded in Volume 254, Page 576 of said Deed Records, Denton County, Texas and southeast corner of a called 112.90 acre tract of land recorded in Volume 285, Page 171 of said Deed Records, Denton County, Texas bears N00°00'47"E, a distance of 611.11 feet, said 5/8 inch iron rod also being the southeast corner of said 32.7 acre tract of land; THENCE S89024'45"W, with the westerly most south line of said 2426.81 acre tract as recorded in Special Warranty Deed to Robson Denton Development, LP in Volume 4373, Page 216 of said Deed Records, Denton County, Texas and with the south line of said 32.7 acre tract of land, a distance of 2333.33 feet to a 5/8 inch iron rod for corner, said 5/8 inch iron rod being the southwest corner of said 2426.81 acre tract and said 32.7 acre tract of land, said 5/8 inch iron rod also being in Florence Road; THENCE N00°00'47"E, with the west line of said 2426.81 acre tract and said 32.7 acre tract of land, a distance of 611.11 feet to a 5/8 inch iron rod found for corner in said Florence Road and for the northwest corner of said 32.7 acre tract of land, said 5/8 inch iron rod being in the north line of said W. L. Dunning Survey, said 5/8 inch iron rod also being in the south line of said 112.90 acre tract of land recorded in Volume 285, Page 171 of said Deed Records, Denton County, Texas; THENCE S89024'45"W, with the north line of said W. L. Dunning Survey, a distance of 16.67 feet to a 5/8 inch iron rod found for corner in said Florence Road, said 5/8 inch iron rod being the southwest corner of said 112.90 acre tract of land; THENCE N00031'59"W, with the west line of said called 2426.81 acre tract and with the west line of said 112.90 acre tract of land, a distance of 3922.85 feet to a 5/8 inch iron rod found for corner in said Florence Road, said 5/8 inch iron rod being the most westerly northwest corner of said called 2426.81 acre tract and said 112.90 acre tract of land; THENCE N89039'58"E, with the north line of said 112.90 acre tract of land, a distance of 27.78 feet to a 5/8 inch iron rod found for corner on the east side of said Florence Road, said 5/8 inch iron rod being an exterior ell corner of said called 2426.81 acre tract and said 112.90 acre tract of land; THENCE S00020'02"E, with the east side of said Florence Road and with the west line of said B.B.B. & C.R.R. Survey, a distance of 127.78 feet to a 5/8 inch iron rod found for corner, said 5/8 inch iron rod being an exterior ell corner of said 2426.81 acre tract of land and the apparent northwest corner of a called 218.07 acre tract of land recorded in Volume 474, Page 637 of said Deed Records, Denton County, Texas, from which a bois d' arc fence post in concrete found for the apparent southwest corner of said 218.07 acre tract of land and for the apparent southwest corner of said B.B.B. & C.R.R. Survey, bears S00°20'02"E, a distance of 1708.33 feet; THENCE N89051'47"E, with the westerly most north line of said called 2426.81 acre tract, with the north line of said 218.07 acre tract of land and the south line of a called 218.07 acre tract of land as recorded in Volume 947, Page 751 and Volume 1459, Page 411 of said Deed Records, Denton County, Texas, a distance of 5562.49 feet to a 1/2 inch iron rod found for corner, said 1/2 inch iron rod being the apparent northeast corner of said 218.07 acre tract of land recorded in Volume 474, Page 637, and being in the west line of a called 995.8 acre tract of land recorded in Volume 247, Page 561 of said Deed Records, Denton County, Texas, from which a bois d' arc fence post in concrete found for the apparent southeast corner of said 218.07 acre tract of land and for an exterior ell corner of said 995.8 acre tract of land bears S00020'02"E, a distance of 1709.16 feet; THENCE N00020'02"W, with the northerly most west line of said called 2426.81 acre tract, with the west line of said 995.8 acre tract of land and the east line of said 218.07 acre tract of land as recorded in Volume 947, Page 751, and Volume1459, Page 411 a distance of 1708.41 feet to a 5/8 inch iron rod found for corner, said 5/8 inch iron rod being the apparent northeast corner of said 218.07 acre tract of land as recorded in Volume 947, Page 751 and Volume1459, Page 411, and for the southeast corner of East Ponder Estates, an addition to Denton County, Texas as recorded in Cabinet C, Page 397 of the Plat Records, Denton County, Texas; THENCE N00021'15"W, with the east line of said East Ponder Estates and the west line of said called 2426.81 acre tract, a distance of 3434.29 feet to a 5/8 inch iron rod found for corner in H. Lively Road, said 5/8 inch iron rod being the northerly most corner of said called 2426.81 acre tract and the northwest corner of said 995.8 acre tract of land, from which a bois d' arc fence corner post in concrete found for offset bears S00°21'15"E, a distance of 20.00 feet, said 5/8 inch iron rod also being in the north line of said J. McGowan Survey; THENCE N89047'37"E, with the north line of said 2426.81 acre tract, said 995.8 acre tract of land, the north line of said J. McGowan Survey, and the north line of said J. H. Paine Survey, a distance of 3650.25 feet to a 5/8 inch iron rod found for corner in said H. Lively Road, said 5/8 inch iron rod being the northeast corner of said 2426.81 acre tract, said 995.8 acre tract of land and the northwest corner of a called 320.350 acre tract of land deeded to Robson Denton Development, LP as recorded in Volume 4373, Page 284 of said Deed Records, Denton County, Texas, from which a 1-1/2 inch iron pipe found for offset bears S00°27'02"E, a distance of 20.00; THENCE N89054'37"E with the north line of said J.H. Paine Survey, Abstract No. 1617, the north line of said F. Oliver Survey, Abstract No. 989, the north line of said 320.350 acre tract and with H. Lively Road, a distance of 2057.91 feet to a 5/8 inch iron rod found for the northeast corner of said 320.350 acre tract of land, from which a 1-1/2 inch iron pipe found for the apparent most northerly northeast corner of said F. Oliver Survey, Abstract No. 989, bears S89°54'37"W, a distance of 15.00 feet; THENCE with the apparent and occupied east line of said 320.350 acre tract of land S00°07'10"E, a distance of 3056.98 feet to a bois d'arc corner post in concrete found for corner, said bois d'arc corner post being the northwest corner of a tract of land deeded to Hillwood/McCutchin, Ltd., as recorded in Volume 2470, Page 678 of said Deed Records, Denton County, Texas, from which a 1-1/2 inch iron pipe found for reference bears N82°45'33"E, a distance of 2.32 feet; THENCE S00007'42"W, with the apparent and occupied east line of said 320.350 acre tract of land and the west line of said Hillwood/McCutchin, Ltd. tract of land, a distance of 3803.58 feet to a an "X" cut in concrete found for the southeast corner of said 320.350 acre tract of land, also being in the easterly most north line of said 2426.81 acre tract and said M. Scurlock Survey, Abstract No. 1141, from which a steel fence corner post in concrete found for an exterior ell corner of said 2426.81 acre tract of land, the apparent northeast corner of the M. Scurlock Survey, Abstract No. 1141, Denton County, Texas and an interior ell corner of said Hillwood/McCutchin, Ltd. tract of land bears N89°48'51"E , a distance of 1215.50 feet; THENCE N89048'51 "E, with the easterly most north line of said 2426.81 acre tract and the north line of said M. Scurlock Survey, a distance of 1,215.50 feet to a steel fence corner post in concrete found for corner, said steel fence corner post being the apparent northeast corner of said M. Scurlock Survey, said steel fence corner post also being an interior ell corner of said Hillwood/McCutchin, Ltd. tract of land and an exterior ell corner of said 2426.81 acre tract, from which a 1-1/2 inch iron pipe found for reference bears N82046'32"E, a distance of 3.22 feet; THENCE S00029'08"E, with the southerly most east line of said 2426.81 acre tract and with the west line of said Hillwood/McCutchin, Ltd. tract of land, a distance of 3074.89 feet to a 1-1/2 inch iron pipe found for corner; THENCE S00037'11 9"E, with the southerly most east line of said 2426.81 acre tract and with the west line of said Hillwood/McCutchin, Ltd. tract of land, a distance of 3345.00 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 119,666,243 square feet or 2,747.16 acres, more or less. EXCEPTING THEREFROM the following described parcels: Excer)tion Parcel "A COMMENCING at a 1/2 inch iron rod found for the apparent southeast corner of said M. Scurlock Survey, the southeast corner of said 2426.81 acre tract as recorded in Special Warranty Deed to Robson Denton Development, LP in Volume 4373, Page 216 of said Deed Records, Denton County, Texas, and for the most southerly southwest corner of a tract of land deeded to Hillwood/McCutchin, Ltd. as recorded in Volume 2470, Page 678 of said Deed Records, Denton County, Texas, said 1/2 inch iron rod being the southwest corner of the E. Pizano Survey, Abstract No. 994, Denton County, Texas; THENCE N00037'19"W, with the southerly most east line of said 2426.81 acre tract and the west line of the E. Pizano Survey, Abstract No. 994, a distance of 45.00 feet to THE TRUE POINT OF BEGINNING; THENCE N89051'20"W, a distance of 947.55 feet; THENCE N00008'40"E, a distance of 559.30 feet; THENCE N89°22'41 "E, a distance of 142.23 feet; THENCE N60007'00"E, a distance of 444.47 feet; THENCE N89022'40"E, a distance of 410.00 feet to said southerly most east line of said 2426.81 acre tract; THENCE S00037'1 9"E, with said southerly most east line of said 2426.81 acre tract a distance of 789.18 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 664,979 square feet or 15.27 acres, more or less. Exceotlon Parcel "B": COMMENCING at a found 5/8 inch iron rod, being the most northerly northwest corner of said called 2426.81 acre tract as recorded in Special Warranty Deed to Robson Denton Development, LP in Volume 4373, Page 216 of said Deed Records, Denton County, Texas, said 5/8 inch iron rod also being in the north line of said J. McGowan Survey; THENCE N89047'37"E, with the north line of said 2426.81 acre tract and the North line of said J. McGowan Survey, a distance of 1,866.08 feet; THENCE leaving said north line of said 2426.81 acre tract at right angles, S00°12'23"E, a distance of 32.50 feet to THE TRUE POINT OF BEGINNING; THENCE parallel with and 32.50 feet south of said north line of 2426.81 acre tract, N89°47'37"E, a distance of 1,181.65 feet; THENCE S00012'23"E, a distance of 36.52 feet; THENCE S44052'50"W, a distance of 121.42 feet; THENCE S00007'11 0"E, a distance of 74.53 feet; THENCE S13014'01"W, a distance of 64.75 feet; THENCE S00004'58"W, a distance of 63.00 feet; THENCE S77020'18"W, a distance of 106.87 feet; THENCE S70007'12"W, a distance of 61.79 feet; THENCE S39013'04"W, a distance of 333.00 feet; THENCE S07002'1 7"W, a distance of 80.92 feet to the beginning of a non -tangent curve, concave to the south, having a radius of 1,519.43 feet, the radius point of said curve bears S07058'23"W; THENCE westerly along said curve, through a central angle of 03041'48", an arc distance of 98.03 feet; THENCE N04017'43"E, a distance of 127.42 feet; THENCE West, a distance of 608.55 feet; THENCE N00012'23"W, a distance of 564.08 feet to the TRUE POINT OF BEGINNING.. The above-described parcel contains 583,133 square feet or 13.39 acres, more or less. Exception Parcel "C,'; COMMENCING at a found 5/8 inch iron rod in the northerly most west line of said 2426.81 acre tract as per said Robson Denton Development deed and the southeast corner of East Ponder Estates, an addition to Denton County, Texas as recorded in Cabinet C, Page 397 of the Plat Records, Denton County, Texas; THENCE with said west line of said 2426.81 acre tract, N00021'15"W, a distance of 1721.79 feet; THENCE leaving said west line of said 2426.81 acre tract, N89038'45"E, a distance of 1785.07 feet to the TRUE POINT OF BEGINNING; THENCE S78043'38"E, a distance of 534.29 feet; THENCE S33022'26"E, a distance of 91.84 feet; THENCE S14033'17"E, a distance of 363.61 feet; THENCE N75026'43"E, a distance of 123.00 feet; THENCE S14033'17"E, a distance of 352.04 feet to the beginning of a tangent curve, concave to the west, having a radius of 50.00 feet; THENCE southerly along said curve, through a central angle of 31'47'18", an arc distance of 27.74 feet to the beginning of a reverse curve, concave to the northeast, having a radius of 50.00 feet; THENCE southeasterly along said curve, through a central angle of 110034'00", an arc distance of 96.49 feet; THENCE N86040'02"E, a distance of 46.72 feet; THENCE S03019'58"E, a distance of 54.15 feet; THENCE S86040'02"W, a distance of 97.31 feet; THENCE N89013'11 5"W, a distance of 1,367.57 feet to the beginning of a non -tangent curve, concave to the southeast, having a radius of 1,929.99 feet, the radius point of said curve bears S65036'52"E; THENCE northeasterly along said curve, through a central angle of 08°43'04", an arc distance of 293.66 feet to the beginning of a non -tangent curve, concave to the northwest, having a radius of 2,256.61 feet, the radius point of said curve bears N53045'43"W; THENCE northeasterly along said curve, through a central angle of 20020'58", an arc distance of 801.47 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 896,180 square feet or 20.57 acres, more or less, Exception Parcel"D": COMMENCING at a 5/8 inch iron rod found for the northeast corner of said 320.350 acre tract of land as recorded in Volume 4373, Page 284 of said Deed Records, Denton County, Texas, from which a 1-1/2 inch iron pipe found for the apparent most northerly northeast corner of said F. Oliver Survey, Abstract No. 989, bears S89°54'37"W, a distance of 15.00 feet; THENCE with the apparent and occupied east line of said 320.350 acre tract of land, S00°07'10"E, a distance of 43.03 feet to the TRUE POINT OF BEGINNING; THENCE continuing with said east line of 320.350 acre tract, S00°07'10"E, a distance of 569.45 feet; THENCE leaving said east line of 320.350 acre tract S89°44'32"W, a distance of 195.68 feet to the beginning of a non -tangent curve, concave to the south, having a radius of 50.00 feet, the radius point of said curve bears S45054'57"W; THENCE westerly along said curve, through a central angle of 78°01'13", an arc distance of 68.09 feet to the beginning of a reverse curve, concave to the north, having a radius of 50.00 feet; THENCE westerly along said curve, through a central angle of 31 °47'18", an arc distance of 27.74 feet; THENCE S89041'02"W, a distance of 26.11 feet to the beginning of a tangent curve, concave to the south, having a radius of 725.00 feet; THENCE westerly along said curve, through a central angle of 09°19'16", an arc distance of 117.95 feet to the beginning of a reverse curve, concave to the northeast, having a radius of 11.00 feet; THENCE northwesterly along said curve, through a central angle of 99°19'16", an arc distance of 19.07 feet; THENCE N0001 8'58"W, a distance of 339.04 feet to the beginning of a tangent curve, concave to the east, having a radius of 50.00 feet; THENCE northerly along said curve, through a central angle of 31'47'18", an arc distance of 27.74 feet to the beginning of a reverse curve, concave to the west, having a radius of 50.00 feet; THENCE northerly along said curve, through a central angle of 77021'41", an arc distance of 67.51 feet; THENCE N00°18'58"W, a distance of 142.62 feet; THENCE S89059'36"E, a distance of 442.72 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 250,878 square feet or 5.76 acres, more or less. Exception Parcel "E": COMMENCING at a found 1/2 inch iron rod, being an exterior ell corner of said 2426.81 acre tract as per said Robson Denton Development deed in Volume 4373, Page 216 of said Deed Records, Denton County, Texas, from which another corner of said tract, a found 5/8 inch iron rod, bears N00020'02"W, 1708.41 feet distant, being the apparent northeast corner of said 218.07 acre tract of land recorded in Volume 947, Page 751 and the southeast corner of East Ponder Estates as recorded in Cabinet C, Page 397 of the Plat Records, Denton County, Texas; THENCE S56032'29"E, a distance of 1427.49 feet to the TRUE POINT OF BEGINNING; THENCE S89044'00"E, a distance of 339.00 feet; THENCE S0001 6'00"W, a distance of 120.00 feet; THENCE S89044'00"E, a distance of 210.00 feet; THENCE N00016'00"E, a distance of 120.00 feet; THENCE S89044'00"E, a distance of 197.13 feet; THENCE S47032'44"E, a distance of 11.21 feet; THENCE S45023'20"W, a distance of 70.92 feet; THENCE S48020'59"W, a distance of 71.27 feet; THENCE S51019'04"W, a distance of 71.27 feet; THENCE S54017'09"W, a distance of 71.27 feet; THENCE S57015'15"W, a distance of 71.27 feet; THENCE S60013'20"W, a distance of 71.27 feet; THENCE S28017'37"E, a distance of 124.00 feet to the beginning of a non -tangent curve, concave to the north, having a radius of 1,500.00 feet, the radius point of said curve bears N28°17'37"W; THENCE westerly along said curve, through a central angle of 18044'37", an arc distance of 490.71 feet to the beginning of a compound curve, concave northeast, having a radius of 11.00 feet; THENCE northwesterly along said curve, through a central angle of 80°03'38", an arc distance of 15.37 feet to the beginning of a compound curve, concave east, having a radius of 225.00 feet; THENCE northerly along said curve, through a central angle of 19°45'21", an arc distance of 77.58 feet; THENCE N00°16'00"E, a distance of 441.69 feet to the beginning of a non -tangent curve, concave to the southeast, having a radius of 11.24 feet, the radius point of said curve bears S88°32'20"E; THENCE northeasterly along said curve, through a central angle of 87°36'39", an arc distance of 17.19 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 236,497 square feet or 5.43 acres, more or less. Exception Parcel «F": COMMENCING at a found 1/2 inch iron rod being an exterior ell corner of said 2426.81 acre tract as per said Robson Denton Development deed in Volume 4373, Page 216 of said Deed Records, Denton County, Texas, from which another corner of said tract, a found 5/8 inch iron rod, bears N00°20'02"W, 1708.41 feet distant, being the apparent northeast corner of said 218.07 acre tract of land recorded in Volume 947, Page 751 and the southeast corner of East Ponder Estates as recorded in Cabinet C, Page 397 of the Plat Records, Denton County, Texas; THENCE S89051'47"W with westerly most north line of said 2426.81 acre tract and the north line of said 218.07 acre tract of land recorded in Volume 474, Page 637, a distance of 2510.24 feet; THENCE leaving said westerly most north line of said 2426.81 acre tract and the north line of said 218.07 acre tract of land recorded in Volume 474, Page 637, S00°08'13"E, a distance of 799.85 feet to the TRUE POINT OF BEGINNING; THENCE N82043'35"E, a distance of 445.77 feet; THENCE N07016'25"W, a distance of 100.00 feet to the beginning of a non -tangent curve, concave to the south, having a radius of 420.71 feet, the radius point of said curve bears S06046'25"E; THENCE easterly along said curve, through a central angle of 08°06'33", an arc distance of 59.54 feet; THENCE S00055'02"W, a distance of 99.96 feet; THENCE S89004'58"E, a distance of 53.27 feet; THENCE S00047'47"W, a distance of 184.19 feet to the beginning of a non -tangent curve, concave to the east, having a radius of 50.00 feet, the radius point of said curve bears S40047'26"E; THENCE southerly along said curve, through a central angle of 80°14'33", an arc distance of 70.02 feet to the beginning of a reverse curve, concave to the west, having a radius of 50.00 feet; THENCE southerly along said curve, through a central angle of 31047,118", an arc distance of 27.74 feet; THENCE S00045'1 9"W, a distance of 176.32 feet to the beginning of a tangent curve, concave to the northwest, having a radius of 11.00 feet; THENCE southwesterly along said curve, through a central angle of 90000'00", an arc distance of 17.28 feet; THENCE N89014'41"W, a distance of 382.81 feet to the beginning of a tangent curve, concave to the north, having a radius of 475.00 feet; THENCE westerly along said curve, through a central angle of 24019'18", an arc distance of 201.63 feet; THENCE N64055'23"W, a distance of 65.66 feet to the beginning of a tangent curve, concave to the east, having a radius of 11.00 feet; THENCE northerly along said curve, through a central angle of 90°00'00", an arc distance of 17.28 feet; THENCE N25004'37"E, a distance of 193.29 feet to the beginning of a tangent curve, concave to the west, having a radius of 450.00 feet; THENCE northerly along said curve, through a central angle of 18°08'52", an arc distance of 142.53 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 257,178 square feet or 5.90 acres, more or less. COMMENCING at a 5/8 inch iron rod found for the northeast corner of said 320.350 acre tract of land as recorded in Volume 4373, Page 284 of said Deed Records, Denton County, Texas, from which a 1-1/2 inch iron pipe found for the apparent most northerly northeast corner of said F. Oliver Survey, Abstract No. 989, bears S89054'37"W, a distance of 15.00 feet; THENCE with the apparent and occupied east line of said 320.350 acre tract of land, S00°07'10"E, a distance of 510.32 feet; THENCE leaving said east line S89052'50"W, a distance of 1129.28 feet to the TRUE POINT OF BEGINNING; THENCE S00007'10"E, a distance of 153.93 feet; THENCE S08006'45"E, a distance of 76.21 feet; THENCE S15003'55"E, a distance of 76.08 feet; THENCE S23013'11 1"E, a distance of 76.08 feet; THENCE S30034'1 YE, a distance of 61.10 feet to the beginning of a non -tangent curve, concave to the north, having a radius of 335.29 feet, the radius point of said curve bears N04'11 8'22"W; THENCE westerly along said curve, through a central angle of 03°42'34", an arc distance of 21.71 feet; THENCE S89048'36"W, a distance of 572.58 feet to the beginning of a non -tangent curve, concave to the north, having a radius of 609.64 feet, the radius point of said curve bears N00°57'37"E; THENCE westerly along said curve, through a central angle of 01'21'40", an arc distance of 14.48 feet; THENCE N00007'10"W, a distance of 426.70 feet; THENCE N89052'50"E, a distance of 517.71 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 230,089 square feet or 5.28 acres, more or less. 19=0 • r s _ . 1N1� COMMENCING at a bois d'arc corner post in concrete found for corner, said bois d'arc corner post being in the east line of a called 320.350 acre tract of land deeded to Robson Denton Development, LP as recorded in Volume 4373, Page 284 of said Deed Records, Denton County, Texas, also being the northwest corner of a tract of land deeded to Hillwood/McCutchin, Ltd., as recorded in Volume 2470, Page 678 of said Deed Records, Denton County, Texas, from which a 1-1/2 inch iron pipe found for reference bears N82045'33"E, a distance of 2.32 feet; THENCE S00007'42"W, with the apparent and occupied east line of said 320.350 acre tract of land and the west line of said Hillwood/McCutchin, Ltd. tract of land, a distance of 1337.13 feet; THENCE leaving said east line of said 320.350 acre tract N89052'18"W a distance of 1939.05 feet to the TRUE POINT OF BEGINNING; THENCE South, a distance of 467.00 feet; THENCE West, a distance of 450.00 feet; THENCE North, a distance of 111.03 feet; THENCE N11 °19'26"W, a distance of 71.39 feet; THENCE N06008'52"W, a distance of 94.78 feet; THENCE N19°43'27"W, a distance of 108.50 feet; THENCE N45057'41"E, a distance of 53.90 feet; THENCE N14059'47"E, a distance of 66.03 feet to the beginning of a non -tangent curve, concave to the north, having a radius of 341.79 feet, the radius point of said curve bears N 14°59'47"E; THENCE easterly along said curve, through a central angle of 14059'47", an arc distance of 89.46 feet; THENCE East, a distance of 366.51 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 219,474 square feet or 5.04 acres, more or less. Exception Parcel Biltmore Pad No. 11; COMMENCING at a bois d'arc corner post in concrete found for corner, said bois d'arc corner post being in the east line of a called 320.350 acre tract of land deeded to Robson Denton Development, LP as recorded in Volume 4373, Page 284 of said Deed Records, Denton County, Texas, also being the northwest corner of a tract of land deeded to Hillwood/McCutchin, Ltd., as recorded in Volume 2470, Page 678 of said Deed Records, Denton County, Texas, from which a 1-1/2 inch iron pipe found for reference bears N82°45'33"E, a distance of 2.32 feet; THENCE S00007'42"W, with the apparent and occupied east line of said 320.350 acre tract of land and the west line of said Hillwood/McCutchin, Ltd. tract of land, a distance of 469.07 feet; THENCE leaving said east line of said 320.350 acre tract N89052'18"W a distance of 1419.5 feet to the TRUE POINT OF BEGINNING; THENCE S47041'40"W, a distance of 116.91 feet; THENCE S16012'29"W, a distance of 89.01 feet; THENCE S01 048'44"E, a distance of 115.11 feet; THENCE S22050'21 "W, a distance of 119.12 feet to the beginning of a non -tangent curve, concave to the southwest, having a radius of 301.93 feet, the radius point of said curve bears S46052'1 9"W; THENCE northwesterly along said curve, through a central angle of 42°25'46", an arc distance of 223.59 feet; THENCE N86038'48"W, a distance of 136.76 feet to the beginning of a non -tangent curve, concave to the southeast, having a radius of 51.78 feet, the radius point of said curve bears S02°27'01 "W; THENCE southwesterly along said curve, through a central angle of 105030,21", an arc distance of 95.35 feet; THENCE N63035'09"W, a distance of 136.47 feet; THENCE N26024'51"E, a distance of 133.13 feet; THENCE N08051'22"W, a distance of 83.95 feet; THENCE N05040'47"E, a distance of 186.70 feet; THENCE East, a distance of 530.72 feet; THENCE S34002'17"E, a distance of 119.30 feet to the TRUE POINT OF BEGINNING. The above-described parcel contains 223,568 square feet or 5.13 acres, more or less. ALSO EXCEPTING THEREFROM the parcels described in the fallowing recorded documents: Amended Final Plat Robson Ranch Club House A, Lot 1, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 41.368 Acres, City of Denton, Denton County, Texas, Cab U, Page 435, P.R.D.C.T Final Plat Ed Robson Boulevard, Lot 1-x, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 8.854 Acres, City of Denton, Denton County, Texas, Cab R, Page 339, P.R.D.C.T Final Plat Ed Robson Boulevard, Lot 2-x, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 0.998 Acres, City of Denton, Denton County, Texas, Cab T, Page 002, P.R.D.C.T Minor Final Plat Ed Robson Boulevard -Phase 2, Lot 1-x, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 5.463 Acres, City of Denton, Denton County, Texas, Cab T, Page 286, P.R.D.C.T Final Plat Ed Robson Boulevard -Phase 3, Lot 1-x, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 7.408 Acres, City of Denton, Denton County, Texas, Cab U, Page 676, P.R.D.C.T. Final Plat Robson Ranch Golf Course A Phase 1, Lot 1-6, Block A (containing holes Al -Al 0, A18 and Driving Range A), A part of the M. Scurlock Survey, Abstract No. 1141, 134.205 Acres, City of Denton, Denton County, Texas, Cab T, Page 231, P.R.D.C.T. Final Plat Robson Ranch Golf Course B Phase 1, Lot 1-6, Block A (containing holes B1 -B9 and Driving Range B), A part of the M. Scurlock Survey, Abstract No. 1141, 108.809 Acres, City of Denton, Denton County, Texas, Cab U, Page 338, P.R.D.C.T. and the effect of Amended Final Plat of Lot 1 Block A Robson Ranch Golf Course B Phase 1, A part of the M. Scurlock Survey, Abstract No. 1141, City of Denton, Denton County, Texas, Cab W, Page 652, P.R.D.C.T, and the exception of the created lot 1-B adjusting total acreage to 98.561 acres. Final Plat Robson Ranch Maintenance Yard "A", Lot 1, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 1.387 Acres, City of Denton, Denton County, Texas, Cab U, Page 170, P.R.D.C.T. Amended Final Plat Robson Ranch Michelle Way, Phase 1, Lot 1-x, Block A, A part of the M. Scurlock Survey, Abstract No. 1141, 8.39 Acres, City of Denton, Denton County, Texas, Cab X, Page 145, P.R.D.C.T. Final Plat Robson Ranch 1 Phase 1, A part of the M. Scurlock Survey, Abstract No. 1141, 11.281 Acres, City of Denton, Denton County, Texas, Cab R, Page 337, P.R.D.C.T. Final Plat Robson Ranch 1 Phase 2, A part of the M. Scurlock Survey, Abstract No. 1141, 56.833 Acres, City of Denton, Denton County, Texas, Cab S, Page 229, P.R.D.C.T. Final Plat Robson Ranch 2 Phase 1 Lots 1-7-x, Block A; 1-11 Block B: 1-14, Block C; lots 1-36- x, Block D; lots 1-7, Block E; and Lots 1-27-x, Block F, A part of the M. Scurlock Survey, Abstract No. 1141, 20.870 Acres, City of Denton, Denton County, Texas, Cab S, Page 228, P.R.D.C.T. Final Plat Robson Ranch 2 Phase 2, 81 residential Lots, 2 Private Open Spaces (32-x, Block F & Lot 12-X, Block H), A part of the M. Scurlock Survey, Abstract No. 1141, 16.983 Acres, City of Denton, Denton County, Texas, Cab U, Page 425, P.R.D.C.T. Final Plat Robson Ranch 3 Phase 1, 45 Lots, 2 Private Open Spaces (29-x, Block B (Private Streets), A part of the M. Scurlock Survey, Abstract No. 1141, 12.706 Acres, City of Denton, Denton County, Texas, Cab U, Page 83, P.R.D.C.T. Final Plat Robson Ranch 3 Phase 2, 67 Lots, 3 Private Open Spaces, A part of the M. Scurlock Survey, Abstract No. 1141, 20.917 Acres, City of Denton, Denton County, Texas, Cab U, Page 422, P.R.D.C.T. Amended Final Plat Robson Ranch 4 Phase 1, 39 Lots, A part of the M. Scurlock Survey, Abstract No. 1141, 12.262 Acres, City of Denton, Denton County, Texas, Cab U, Page 448, P. R. D.C.T. Final Plat Robson Ranch 4 Phase 2, 148 Lots, 6 Private Open Spaces, A part of the M. Scurlock Survey, Abstract No. 1141, 46.02 Acres, City of Denton, Denton County, Texas, Cab U, Page 426, P.R.D.C.T. Final Plat Robson Ranch 5-1, situated in the Mial Scurlock Survey, Abstract No. 1141, 17.69 Acres, City of Denton, Denton County, Texas, Cab W, Page 28, P.R.D.C.T. Final Plat Robson Ranch 5-2, situated in the Mial Scurlock Survey, Abstract No. 1141, 20.03 Acres, City of Denton, Denton County, Texas, Cab W, Page 26, P.R.D.C.T. Final Plat Robson Ranch 7-1, in the M. Scurlock Survey, Abstract No. A-1141, 14.02 Acres, City of Denton, Denton County, Texas, Cab X, Page 149, P.R.D.C.T. Final Plat Robson Ranch 7-2, in the M. Scurlock Survey, Abstract No. A-1141, 16.45 Acres, City of Denton, Denton County, Texas, Cab X, Page 151, P.R.D.C.T. Amended Final Plat Robson Ranch 8-1, in the M. Scurlock Survey, Abstract No. A-1141, 35.78 Acres, City of Denton, Denton County, Texas, Cab W, Page 882, P.R.D.C.T. Final Plat Robson Ranch 8-2, in the M. Scurlock Survey, Abstract No. A-1141, 25.69 Acres, City of Denton, Denton County, Texas, Cab W, Page 279, P.R.D.C.T. Final Plat Robson Ranch 9-1, in the M. Scurlock Survey, Abstract No. A-1141, 17.64 Acres, City of Denton, Denton County, Texas, Cab W, Page 713, P.R.D.C.T. Amending Final Plat Robson Ranch 9-2, in the M. Scurlock Survey, Abstract No. A-1141, 28.18 Acres, City of Denton, Denton County, Texas, Cab X, Page 308, P.R.D.C.T., excepting therefrom Lot 1-X (labeled Gas Park "C") acreage of 4.85 acres for an adjusted area of 23.33 acres. Amended Final Plat Robson Ranch 11, in the M. Scurlock Survey, Abstract No. A-1141, 30.25 Acres, City of Denton, Denton County, Texas, Cab W, Page 635, P.R.D.C.T. Final Plat Robson Ranch 14, situated in the Mial Scurlock Survey, Abstract No. 1141, 26.210 Acres, City of Denton, Denton County, Texas, Cab V, Page 736, P.R.D.C.T. Final Plat Robson Ranch 15, situated in the Mial Scurlock Survey, Abstract No. 1141, 43.060 Acres, City of Denton, Denton County, Texas, Cab V, Page 733, P.R.D.C.T. Final Plat Robson Ranch 16, situated in the Mial Scurlock Survey, Abstract No. 1141, 22.793 Acres, City of Denton, Denton County, Texas, Cab V, Page 687, P.R.D.C.T. Amended Final Plat Robson Ranch 24, in the M. Scurlock Survey, Abstract No. A-1141, 28.89 Acres, City of Denton, Denton County, Texas, Cab Y, Page 408, P.R.D.C.T. Gas Parks "A" (4.848 acres) and "B" (4.987 acres) as described in Ordinance No. 2008.285 of the City of Denton, Texas. Gas Parks "D" (5.004 acres), "E" (5.001 acres), "F" (4.819 acres) and a Storage Tank Facility (3.612 acres) as described in Ordinance No. 2009-085 of the City of Denton, Texas. Gas Park "G" (5.00 acres) as described in Ordinance No. 2009-103 of the City of Denton, Texas. The area of this legal description is 1805.78 acres, more or less. Note: All bearings are referenced to the Texas Coordinate System, NAD 83, North Central Zone, based on National Geodetic Survey control monument No. R 945 with 1991 Denton County GPS Survey published values of N= 7,092,220.759 and an E = 2,353,562.444, having a combined scale factor this site of 0.99987330, distances and areas shown are surface. The elevation of R945 is 734.33 feet. ,#t23 I I I 'm Frs a w IIUCII I�Jll 1- 063 ROBSON RANCH TEXAS DETAIL PLAN AMENDMENT I W�T 77_ Of,rAJI. PAM ,#t23 I I I 'm Frs a w IIUCII I�Jll 1- 063 ROBSON RANCH TEXAS DETAIL PLAN AMENDMENT I Exhibit C (Detailed Land Use Plan) OPEN SPACE (PRIVATE) (OR) OPEN SPACE (PRIVATE) (R) GAS PARK J TANK FARM (GP) (R) TRADITION LOTS (SFC) (R) PRESERVE LOTS (SFL) (R) DUPLEX LOTS (SFV) (R) OWNER: ROBSON DENTON DEVELOPMENT 9532 k, RIGG'S ROAD SUN LAKES, AZ. 852,48 TEL: (480)-895-9200 ROBSON RANCH TEXAS LAND USE PLAN LEGEND COMMUNITY SERVICES (CS) NEIGHBORHOOD SERVICES (NS) LAND USE CATEGORIES CS COMMUNITY SERVICES 14.1AC, PARKING (P) NS NEIGHBORHOOD SERVICES 97,1AC. CLUBHOUSE / REC. FACILITIES (OR) P PARKING 8.1 AC. GOLF COURSE OR OUTDOOR RECREATION 662 AC. (SEMI -PRIVATE) (OR) R RESIDENTIAL 1926,1 AC, CITY PARK (PUBLIC) (OR) STREET & R.O.W. 77.6 AC. TOTAL ACRES 2,725 AC. OPEN SPACE (PRIVATE) (OR) OPEN SPACE (PRIVATE) (R) GAS PARK J TANK FARM (GP) (R) TRADITION LOTS (SFC) (R) PRESERVE LOTS (SFL) (R) DUPLEX LOTS (SFV) (R) OWNER: ROBSON DENTON DEVELOPMENT 9532 k, RIGG'S ROAD SUN LAKES, AZ. 852,48 TEL: (480)-895-9200 ROBSON RANCH TEXAS LAND USE PLAN Exhibit D (Detailed Water System Plan) Exhibit E (Detailed Sewer System Plan) Exhibit F (Detailed Open Space Plan) LEGEND OWNER: R013SON DENTON DEVELOPMENT 9532 E. RIGGS ROAD SUN LAKES, AZ. 65248 TEL: (480)-895-9200 ROBESON PlAt" TEXAS OPEN SPACE Exhibit G (Detailed Screening and Fence Plan) Exhibit H (Detailed Plan for Gas Park 13) VICINITY MAP r— ,..._----_-- f° EXHIBIT 10 �. me' UYVE �I �It r i � 9FIfDiPIiV'Cv SURROUNDING .� LAND € SES y, �r Awl Wei' HOUNltallY �.,,,, . YA$Ekd 7,'N#Y%d l,Y kV 1 71V P LF' —dPtitiT�x7 �•'" 9'la 173 HOUNDARY