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2008-032sAour documents\ordinances\08\x05-0002 (second ordinance).doe ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING AN APPROXIMATE 2,376 ACRE PORTION OF APPROXIMATELY 5,800 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED IN THE NORTHEASTERN AREA OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION; GENERALLY LOCATED BETWEEN THE CITY'S CURRENT NORTHERN CITY LIMITS AND LAKE RAY ROBERTS ALONG BOTH SIDES OF FM 2153 AND FM 428 NORTH OF HARTLEE FIELD ROAD; SUCH ANNEXATION AREA BEING LOCATED IN THE V. GAILER SURVEY, ABSTRACT NUMBER 452, J. CLARK SURVEY, ABSTRACT NUMBER 247, J. CHEEK SURVEY, ABSTRACT NUMBER 227, H. WILLIAMS SURVEY, ABSTRACT NUMBER 1417, J. DOUTHIT SURVEY, ABSTRACT NUMBER 329, S. MORRIS SURVEY, ABSTRACT NUMBER 859, D. GROUND SURVEY, ABSTRACT NUMBER 489, J. PETTY SURVEY, ABSTRACT NUMBER 1027, P. O'LEARY SURVEY, ABSTRACT NUMBER 977, S. LAMAR SURVEY, ABSTRACT NUMBER 761, J. THOMAS SURVEY, ABSTRACT NUMBER 1240, W. THOMPSON SURVEY, ABSTRACT NUMBER 1238, A. PATTON SURVEY, ABSTRACT NUMBER 990, S. WILLIAMS SURVEY, ABSTRACT NUMBER 1322, E. MYERS SURVEY, ABSTRACT NUMBER 932, AND THE E. MYERS SURVEY, ABSTRACT NUMBER 933, DENTON COUNTY TEXAS; THIS IS THE COMPLETION OF THE ANNEXATION OF THE REMAINING PORTION OF THE APPROXIMATE 5800 ACRES LYING NORTH OF SHEPARD ROAD THAT WAS EXCLUDED FROM ANNEXATION ORDINANCE NO. 2005-379 DUE TO A COURT INJUNCTION ENJOINING THE ANNEXATION OF SUCH PROPERTY; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A05-0002) WHEREAS, the City Council finds that the property being originally proposed for annexation as particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Original Annexation Area") contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; and WHEREAS, this annexation is involuntary and is being made under Subchapter C-1 of Chapter 43 of the Texas Local Government Code; and WHEREAS, the Original Annexation Area is located within the extraterritorial jurisdiction of the City of Denton; and WHEREAS, the City Council finds that all required notices were given in the time and manner required by law; and WHEREAS, public hearings before the City Council were held in the Council Chambers on October 4, 2005, and October 11, 2005, (both days being on or after the 20th day but before the 40`h day of the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, on or about October 12, 2005, the Planning and Zoning Commission recommended disapproval of the annexation; and WHEREAS, annexation proceedings were instituted for the Original Annexation Area by the introduction and passage on first reading of an ordinance at a meeting of the City Council on November 8, 2005; and WHEREAS, an ordinance proposing the annexation of the Original Annexation Area was published in full one time in the official newspaper of the City of Denton on November 11, 2005, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, on or about December 13, 2005, a Texas court of competent jurisdiction temporarily enjoined the City from annexing a portion of the Original Annexation Area, being approximately 1900 acres of land owned by JNC Partners Denton, LLC, particularly described in that certain deed recorded under Instrument Number 2004-51648 of the Denton County Real Property Records (the "JNC Property"), which JNC Property is located adjacent to and north of Shepard Road; and WHEREAS, due to the injunction, the City Council on December 13, 2005 pursuant to Ordinance No. 2005-379 completed the annexation at that time only as to the Original Annexation Area, SAVE and EXCEPT the JNC Property and property located north of Shepard Road, which area is more particularly described in Exhibit A-1, attached hereto and made a part hereof by reference, and as depicted on Exhibit A-3, attached hereto and made a part hereof by reference (the "Southern Annexation Area"); and WHEREAS, Ordinance No. 2005-379 provides that if and when the injunction is lifted by a court of competent jurisdiction, the City Council intends to complete the annexation of the remaining portion of the Original Annexation Area north of Shepard Road, which area is more particularly described in Exhibit A-2, attached hereto and made a part hereof by reference, and depicted on Exhibit A-3, attached hereto and made a part hereof by reference (the "Northern Area"); and WHEREAS, the injunction has been lifted; and WHEREAS, the City Council finds that the annexation of the remaining portion of the Original Annexation being described as the Northern Area in Exhibit A-2 and depicted on Exhibit A-3 is in the public interest and will allow the city to ensure development consistent with the Denton Comprehensive Plan; and WHEREAS, Tex. Loc. Gov't Code sec. 43.064 expressly provides that any period of time during which a proposed annexation is restrained or enjoined shall not be included in the time period for completing the annexation; 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. 2 SECTION 2. The Northern Area is hereby annexed into the City of Denton, Texas. SECTION 3. The service plan, a copy of which is attached hereto and made a part hereof by reference as Exhibit "B" (the "Service Plan") which provides for the extension of municipal services to the area being annexed, is approved as part of this ordinance. The Service Plan was made available for public inspection and explanation to the inhabitants of the area being annexed at the above described public hearings. The Service Plan is found to be adequate to support the annexation of the Original Annexation Area and the Northern Area. SECTION 4. Should any part of this ordinance be held illegal, unenforceable for any reason, or should the City be enjoined from annexation of a portion of the property being annexed herein, the holding or enjoining, shall not affect the remaining portion of this ordinance and the property being annexed, and the City Council hereby declares it to be its purpose to annex to the City of Denton all portions of the Northern Area lawfully annexed regardless of whether any other part of the Northern Area is declared not to be lawfully annexed or enjoined from being annexed into the City. If any part of the Northern Area is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. The boundaries and legal description of the Northern Area as described in Exhibit A-2 and depicted on Exhibit A-3 form a closure. A mistake in the legal description does not affect the validity of the annexation of the Northern Area. SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the" day of 2008. Y PERR McNEILL, MAYOR ATTEST: .IENX FER WALTERS,kCITY SECRETARY BY: )LEGALFORM: CITY ATTORNEY 3 EXHIBIT "A" All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being all or part of the V. Gailer Survey, Abstract Number 452, J. Clark Survey, Abstract Number 247, J. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract Number 1417, J. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859, D. Ground Survey, Abstract Number 489, J. Petty Survey, Abstract Number 1027, P. O' Leary Survey, Abstract Number 977, S. Lamar Survey, Abstract Number 761, J. Thomas Survey, Abstract Number 1240, W. Thompson Survey, Abstract Number 1238, A. Patton Survey, Abstract Number 990, S. Williams Survey, Abstract Number 1322, E. Myers Survey, Abstract Number 932, and the E. Myers Survey, Abstract Number 933 and being more particularly described as follows: BEGINNING at the Northwest corner of the existing Denton city limits established by Ordinance 74-36, Tract IV, and being on the south line of the J. Cheek Survey, Abstract.Number 227 and the north line of the H. Williams Survey, Abstract Number 1417 said point being 584.85 feet West of the centerline of Farm to Market Road 428; , Thence South 31 degrees 15 minutes 00 seconds West, a distance of 2,907 feet to a point for a corner on the south line of a called 283.734 acre tract described in the deed to Donald J. Carter from Equestrian Development Corporation of North Texas, being recorded under County Clerk's File Number 2001-R0028444, Real Property Records, Denton County, Texas, said point also being 500 feet west of and perpendicular to the centerline of Farm to Market Road 428; Thence North 86 degrees 38 minutes 20 seconds West, along the south line of said 283.734 acre tract a distance of 2,691.39 feet to a point for a corner and also being the southwest comer of said 283.734 acre tract; Thence North 03 degrees 59 minutes 06 seconds East, along a west line of said 283.734 acre tract a distance of 1,311.90 feet to a point for a corner; Thence South 87 degrees 11 minutes 32 seconds East, along a north line of said 283.734 acre tract a distance of 112.95 feet to a point for a corner; Thence North 03 degrees 54 minutes 43 seconds East, along a west line of said 283.734 acre tract a distance of 2,243.16 feet to a point for a corner and also being the northwest corner of said 283.734 acre tract; Thence South 88 degrees 35 minutes 40 seconds East, along a north line of said 283.734 acre tract a distance of 2,577.35 feet to a point for a corner on the west line of a called 92.701 acre tract described in the deed to Jeffrey W. and Jeanie T. Noe from Denis E. and Catherine A Ferrari, being recorded in Volume 2879, Page 544, Real Property Records, Denton County, Texas; Thence North 02 degrees 57 minutes 25 seconds East, along the west line of said 92.701 acre tract a distance of 2,054.35 feet to a point for a comer on the south line of a called 292.369 acre 4 tract as described in the deed to Donald J. Carter from Equestrian Development Corporation of North Texas, being recorded under County Clerk's File Number 2001-R0028444, Real Property Records, Denton County, Texas; Thence with the south line of said 292.369 acre tract and within the meanders of Clear Creek the following eleven bearings and distances: North 77 degrees 49 minutes 17 seconds West, a distance of 268.87 feet; North 63 degrees 35 minutes 15 seconds West, a distance of 449.29 feet; North 31 degrees 52 minutes 40 seconds West, a distance of 416.78 feet; North 72 degrees 20 minutes 46 seconds West, a distance of 383.69 feet; North 69 degrees 37 minutes 45 seconds West, a distance of 232.89 feet; North 23 degrees 58 minutes 38 seconds West, a distance of 746.25 feet; North 60 degrees 31 minutes 44 seconds West, a distance of 224.19 feet; North 87 degrees 02 minutes 31 seconds West, a distance of 156.60 feet; North 32 degrees 56 minutes 10 seconds West, a distance of 127.09 feet; North 43 degrees 45 minutes 57 seconds West, a distance of 169.89 feet; North 02 degrees 10 minutes 13 seconds East, a distance of 169.59 feet; Thence South 87 degrees 36 minutes 57 seconds East, along a north line of said 292.369 acre tract a distance of 1,17997 feet to a point for a corner; Thence South 86 degrees 54 minutes 46 seconds East, along a north line of said 292.369 acre tract a distance of 663.58 feet to a point for a comer; Thence South 88 degrees 16 minutes 20 seconds East, along a north line of said 292.369 acre tract a distance of 658.14 feet to a point for a comer; Thence North 06 degrees 36 minutes 34 seconds East, along a west line of said 292.369 acre tract a distance of 297.78 feet to a point for a corner; Thence North 29 degrees 15 minutes 38 seconds East, a distance of 52.46 feet to a point for a corner on the north line of said 292.369 acre tract; Thence South 86 degrees 08 minutes 32 seconds East, along the northern most line of said 292.369 acre tract a distance of 808.30 feet to a point for a corner; Thence South 86 degrees 13 minutes 20 seconds East, along the northern most line of said 292.369 acre tract a distance of 1,143.06 feet to a point for a corner on the west line of a called 132.18 acre tract as described in the deed to Ray and Betty J. Lynch from the Estate of Edwin Bryan Matthews, being recorded in Volume 1092, Page 653, Deed Records, Denton County, Texas; Thence East, along a north line of said 132.18 acre tract a distance of 858.33 feet to a point for a corner; 5 Thence East, across said 132.18 acre tract a distance of 1,261.12 feet to a point for a corner on the west line of a called 118.13 acre tract as described in the deed to Ray and Betty J. Lynch from the Estate of Edwin Bryan Matthews, being recorded in Volume 1092, Page 653, Deed Records, Denton County, Texas; Thence North, along the west line of said 118.13 acre tract and the east line of said 132.18 acre tract a distance of 2,346 feet to a point for a corner on the south line of a called 40.000 acre tract as described in the deed to Jim Bingham from Cates Bingham, Otha H. Bingham, Minnie E. Skiles, Mae Maddox, Cora B. Kilbom and Edna B. Belew, being recorded in Volume 863, Page 602, Deed Records, Denton County, Texas; Thence East, across said 40.000 acre tract and passing at 1,493 the east line of said 40.000 acre tract and continuing same course a total a distance of 1,895 feet to a point for a corner on the west line of Green Valley Circle; Thence North 09 degrees West, along the west line of Green Valley Circle a distance of 281 feet to a point for a corner on the west line of said Green Valley Circle; Thence East, across Green Valley Circle a distance of 48 feet to a point for a corner on the west line of a called 6.53 acre tract as described in the deed to Devron Jeffers from Marjorie Jan Miller and Doris Joan Miller Seale, being recorded under County Clerk' s File Number 00- R0018777, Real Property Records, Denton County, Texas; Thence South 87 degrees 25 minutes 00 seconds East, along the north line of Warschun Road a distance of 418.72 feet to a point for a corner being the southeast comer of said 6.53 acre tract; Thence East, along the north line of Warschun Road a distance of 558 feet to a point for a corner and being on the east line of a called 3.157 acre tract as described in the deed to Larry D. and Patricia J. Hopper from Walter Glen and Glenda Lou Keen, being recorded under County Clerk's File Number 97-R0042996, Real Property Records, Denton County, Texas; Thence North 03 degrees 17 minutes 00 seconds East, along the east line of said 3.157 acre tract a distance of 883 feet to a point for a comer and being the northeast corner of said 3.157 acre tract and also being the northwest corner of a called 2.048 acre tract as described as Tract Two in the deed to James Whitlock from Marjorie Pitner, being recorded in Volume 830, Page 645, Deed Records, Denton County, Texas; Thence South 87 degrees 25 minutes 00 seconds East, along the north line of said 2.048 acre tract a distance of 96.58 feet passing the northeast corner of said 2.048 acre tract and being the northwest corner of a called 4.00 acre tract as described as Tract Three in said James Whitlock deed, a distance of 189.68 feet passing the northeast corner of said 4.00 acre tract and continuing same course a total distance of 860 feet to a point for a comer on east line of a tract of land conveyed to James Whitlock and wife Fren Whitlock, being recorded in Volume 1467, Page 903, Deed Records, Denton County, Texas, and said point being on the west line of a called 18.721 acre tract as described in the deed to Julia Fern Nicodemus from the Estate of Winnie Fern Sauls, 6 being recorded under County Clerk's File Number 2002-R0136989, Real Property Records, Denton County, Texas; Thence North 04 degrees 17 minutes 10 seconds East, along the west line of said 18.721 acre tract and passing at a distance of 171 feet the northwest corner of said 18.721 acre tract and also being the southwest corner of a called 41.087 acre tract as described in the deed to Lawrence E. Nicodemus, 11 and Julie F. Nicodemus, and Raymond Gene Shaw, Sr. and Betty Shaw from Raymond Gene Shaw, Jr., being recorded by County Clerks File number 2003-R0113243, Real Property Records, Denton County, Texas and continuing same course and along the west line of said 41.087 acre tract a total of 1,356.69 feet to a point for a corner and being the northwest corner of said 41.087 acre tract; Thence South 86 degrees 16 minutes 41 seconds East, along the north line of said 41.087 acre tract a distance of 873 feet to a point for a comer and being a southwest corner of a called 20.00 acre tract as described in the deed to Gary Lynn and Kerry Sure Lewis from Charles A. and Joy Wood Betzel, being recorded under County Clerk's File Number 93-R0076013, Real Property Records, Denton County, Texas; Thence North 01 degrees 58 minutes 09 seconds East, a distance of 347.05 feet to a point for a corner and being the northwest comer of said 20.00 acre tract and also being a southwest comer of a called 75.985 acre tract as described in the deed to Lee M. and Beverly Janzen from Tom McCutcheon, being recorded under County Clerk's File Number 2004-111489, Real Property Records, Denton County, Texas; Thence North 01 degrees 57 minutes 22 seconds East, along the west line of said 75.985 acre tract a distance of 1,687.44 feet to a point for a comer being the northwest corner of said 75.985 acre tract; Thence South 87 degrees 59 minutes 05 seconds East, along the north line of said 75.985 acre tract a distance of 1,531.36 feet to a point for a corner on the west line of a called 170.204 acre tract as described in the deed to Edwin G. and Nancy J. Pickett from Patsy L. Hutton and John H. Driver, being recorded by County Clerks File number 97-80041237, Real Property Records, Denton County, Texas; Thence North 01 degrees 00 minutes 00 seconds East, along a west line of said 170.204 acre tract a distance of 829.66 feet to a point for a corner; Thence in a North 01 degrees East and across said 170.204 acre tract a distance of 1,813 feet to a point for a corner on the North line of Shepard Road; Thence West and continuing along the north line of said Shepard Road a distance of 3,589 feet to a point for a corner, said point being on a west line of a called 1,898.19 acre tract as described in the deed to JNC Partners Denton, LLC, from the Kenneth Craver Family Trust, being recorded under County Clerk's File Number 2004-51648, Deed Records, Denton County, Texas; 7 Thence North 00 degrees 10 minutes 40 seconds East along a west line of said 1,898.19 acre tract a distance of 2,892 feet to a point for a corner; Thence along the boundary of said 1,898.19 acre tract the following sixteen bearings and distances: South 88 degrees 48 minutes 27 seconds West, 4,780.48 feet; North 00 degrees 04 minutes 01 seconds West, 1,060.35 feet; South 89 degrees 24 minutes 48 seconds West, 2,288.75 feet; South 88 degrees 51 minutes 54 seconds West, 248.71 feet; North 00 degrees 01 minutes 41 seconds East, 4,076.10 feet; North 89 degrees 24 minutes 17 seconds East, 390.88 feet; North 89 degrees 13 minutes 19 seconds East, 2,132.51 feet; South 00 degrees 42 minutes 30 seconds East, 1,977.58 feet; North 89 degrees 50 minutes 20 seconds East, 1,884.63 feet; North 00 degrees 22 minutes 30 seconds West, 2,799.94 feet; North 00 degrees 20 minutes 42 seconds West, 1,324.91 feet; North 00 degrees 35 minutes 19 seconds West, 465.52 feet; North 89 degrees 36 minutes 58 seconds East, 898.29 feet; North 89 degrees 51 minutes 35 seconds East, 1,978.29 feet; South 02 degrees 32 minutes 59 seconds East, 422.73 feet; North 89 degrees 42 minutes 58 seconds East, 768.78 feet; Thence North 89 degrees 46 minutes 02 seconds East, a distance of 1,622.87 feet to a point for a corner and being the southwest corner of a certain described tract of land to Glena Dean Allen from Jo Ann Terry and Curtis Allen, being recorded in Volume 2331, Page 482, Deed Records, Denton County, Texas; Thence North 01 degrees 49 minutes 50 seconds West, along the west line of said Glena Dean Allen tract a distance of 1,773.1 feet to a point for a corner on the south line of Farm to Market Road 2153; Thence North across Farm to Market Road 2153, a distance of 90 feet to a point for a corner on the north line of said Farm to Market Road 2153 said point also being the beginning of a curve to the left having a radius of 2,819.79 feet; Thence with said curve to the left and along the north line of said Farm to Market Road 2153 an arc distance of 216.08 feet, said curve has a chord bearing and distance of North 86 degrees 14 minutes 00 seconds East, 216.03 feet to a point for a comer; Thence North 84 degrees 02 minutes 17 seconds East, along the north line of said Farm to Market Road 2153 a distance of 44.97 feet to a point for a corner, said point also being the beginning of a curve to the right having a radius of 2,909.79 feet; Thence with said curve to the right and along the north line of said Farm to Market Road 2153 an arc distance of 335.34 feet, said curve has a chord bearing and distance of North 85 degrees 41 minutes 54 seconds East, 335.16 feet to a point for a corner; 8 Thence North 89 degrees 00 minutes 00 seconds East, along the north line of said Farm to Market Road 2153 a distance of 1,239.80 feet to a point for a corner; Thence East a distance of 588 feet to a point for a corner on the west line of a called 20.092 acre tract described in the deed to Elias Argumaniz, being recorded under County Clerk's File Number 96-R0059083, Real Property Records, Denton County, Texas; Thence North 02 degrees 19 minutes 00 seconds East, along the west line of said 20.092 acre tract a distance of 651 feet to a point for a comer, said point being the southwest corner of a called 6.8117 acre tract to Hilliard and Larry Joe McLoed, being recorded in Volume 1119, Page 94, Deed Records, Denton County, Texas; Thence North 00 degrees 40 minutes 51 seconds West, along the west line of said 6.8117 acre tract a distance of 239.33 feet to a point for a corner, said point being the northwest corner of said 6.8117 acre tract; Thence North 81 degrees 05 minutes 03 seconds East, along the north line of said 6.8117 acre tract a distance of 992.17 feet to a point for a comer being the northwest corner of the Lot 1, Block A, Ray Roberts Water Treatment Facility Addition, being recorded in Cabinet U, Page 104, Plat Records, Denton County, Texas; Thence North 80 degrees 33 minutes 33 seconds East, along the north line of said addition a distance of 994.48 feet to a point for a corner Thence North 80 degrees 29 minutes 05 seconds East, along the north line of said addition a distance of 970.07 feet to a point for a comer on the west line of Lake Ray Roberts Road; Thence South 01 degrees 04 minutes 41 seconds East, along the west line of said Lake Ray Roberts Road a distance of 598.52 feet to a point for a corner on the north line of the remainder tract of land described in the deed to Alfred G. Coulter and Grace Lena Coulter, being recorded in Volume 383, Page 552, Deed Records, Denton County, Texas; Thence South 00 degrees 30 minutes 58 seconds East, along the west line of said road a distance of 1633 feet to a point for a comer on the north line of Burger Road; Thence South, across said Burger Road a distance of 48 feet to a point for a corner on the south line of said road; Thence West, along the south line of said road a distance of 780 feet to a point for a comer and being on the east line of a called 91.08 acre tract described in the deed to the Kenneth Craver Family Trust, being recorded in Volume 1683, Page 649, Real Property Records, Denton County, Texas; Thence South, along the east line of said 91.08 acre tract a distance of 2,180 feet to a point for a corner being the southeast corner of said 91.08 acre tract; 9 Thence West, along the south line of said 91.08 acre tract a distance of 851 feet to a point for a comer and being a southwest corner of said 91.08 acre tract and also being the southwest corner of a called 17.19 acre tract described in the deed to Mary Craver Denny from Henry William Denny, being recorded in Volume 2861, Page 588, Real Property Records, Denton County, Texas; Thence South 89 degrees 35 minutes 00 seconds West, along the south line of said 17.19 acre tract a distance of 1,282.5 feet to a point for a corner on the east line of Farm to Market Road 2153; Thence South 01 degrees 52 minutes 00 seconds West, along the east line of said road a distance of 2,337.42 feet to a point for a corner Thence South 01 degrees 36 minutes 00 seconds East, along the east line of said road a distance of 2,548.01 feet to a point for a corner and the beginning of a curve to the right having a radius of 5,774 feet; Thence along said curve to the right and along said road an arc distance of 301.80 feet, and having a chord bearing and distance of South 01 degrees 41 minutes 51 seconds West, 301.77 feet to a point for a corner; Thence South, along the east line of said road a distance of 13.79 feet to a point for a corner and being the beginning of a curve to the left having a radius of 5,684 feet; Thence along said curve to the left and along the east line of said road an arc distance of 298.19 feet, and having a chord bearing and distance of South 00 degrees 05 minutes 49 seconds East, 298.16 feet to a point for a comer; Thence South 01 degrees 36 minutes 00 seconds East, along the east line of said road a distance of 3,245 feet to a point for a corner and being the beginning of a curve to the left having a radius of 1,100.92 feet Thence along said curve to the left and along the east line of said road, an arc distance of 461.82 feet having a chord bearing and distance of South 13 degrees 36 minutes 57 seconds East a distance of 458.44 feet to a point for a comer; , Thence South 25 degrees 38 minutes 00 seconds East, along the east line of said road a distance of 762.40 feet to a point for a comer and being the beginning of a curve to the right having a radius of 1,954.86 feet; Thence along said curve to the right and along the east line of said road, an arc distance of 874.53 feet having a chord bearing and distance of South 12 degrees 48 minutes 58 seconds East, 867.26 feet to a point for a corner; Thence South, along the east line of said road a distance of 505.98 feet to a point for a corner; 10 Thence South 67 degrees 36 minutes 49 seconds East, along the east line of said road a distance of 76.17 feet to a point for a corner on the north line of Farm to Market Road 428 and being the beginning of a curve to the right having a radius of 622.96 feet; Thence along said curve to the right and along the north line of said Farm to Market Road 428, an are distance of 476.21 feet having a chord bearing and distance of North 67 degrees 17 minutes 55 seconds East, 464.70 feet to a point for a corner; Thence North 89 degrees 13 minutes 00 seconds East, along the north line of said road a distance of 1,173 feet to a point for a corner; Thence South, across said road a distance of 100 feet to a point for a corner on the north line of a called 73.782 acre tract as described in the deed to R. H. Venable, being recorded in Volume 450, Page 635, Deed Records, Denton County, Texas; Thence South 02 degrees 17 minutes 20 seconds West, along the west line of said 73.782 acre tract a distance of 1,254 feet to a point for a corner and being the northeast corner of a called 32.332 acre tract as described in the deed to Thomas McCutcheon, being recorded under County Clerk's File Number 00-R0071021, Real Property Records, Denton County, Texas; Thence South 00 degrees 37 minutes 02 seconds West, along the east line of said 32.332 acre tract a distance of 451.35 feet to a point for a corner being the northeast corner of a called 144.597 acre tract to Double W. Farms, LLC, from Nancy Johnson Pickett, being recorded under County Clerk's File Number 2004-78032, Real Property Records, Denton County, Texas; Thence South 02 degrees 30 minutes 22 seconds West, along the east line of said 144.597 acre tract a distance of 1,376.10 feet to a point for a corner; Thence West, a distance of 1,965 feet to a point for a comer and being the southeast corner of a called 9.366 acre tract, as described in the deed to Wallis J. Winegar and Jane Winegar, being recorded under County Clerk's File Number 2004-84536, Real Property Records, Denton County, Texas; Thence North 17 degrees 32 minutes 18 seconds West, along a east line of said 9.366 acre tract, a distance of 312.65 feet to a point for a corner; Thence North 34 degrees 52 minutes 42 seconds East, along a east line of said 9.366 acre tract, a distance of 165.00 feet to a point for a comer; Thence North 13 degrees 13 minutes 30 seconds West, along a east line of said 9.366 acre tract, a distance of 309.49 feet to a point for a corner; Thence North 73 degrees 23 minutes 27 seconds West, along a east line of said 9.366 acre tract, a distance of 199.30 feet to a point for a corner on the North line of said 9.366 acre tract; 11 Thence North 88 degrees 27 minutes 27 seconds West, along the north line of said 9.366 acre tract, a distance of 124 feet to a point for a corner on the east line of PR 2718; Thence South, along the east line of PR 2718, a distance of 786 feet to a point for a corner on the north line of a called 65.149 acre tract as described in the deed to Edwin and Nancy Pickett from Jeffery A and Desiree B. Gutknecht, being recorded in Volume 4428, Page 1439, Real Property Records, Denton County, Texas; Thence South 88 degrees 36 minutes 49 seconds East, along the north line of said 65.149 acre tract, a distance of 169 feet to a point for a corner and being the northeast corner of said 65.149 acre tract. Thence South 01 degrees 19 minutes 14 seconds West, along the east line of said 65.149 acre tract, a distance of 1,467.54 feet Thence North 87 degrees 10 minutes 37 seconds West, along the south line of said 65.149 acre tract a distance of 890.70 feet to a point for a corner; Thence North 87 degrees 32 minutes 03 seconds West, along the south line of said 65.149 acre tract a distance of 961.66 feet to a point for a corner; Thence West, along the south line of said 65.149 acre tract a distance of 206 feet to a point for a corner on the north line of Saul Road; Thence South 55 degrees West, across said Sauls Road a distance of 118 feet to a point for a corner on the south line of said Sauls Road; Thence West along the south line of said Sauls Road a distance of 301 fee to a point for a corner and being on the east line of a called 41.449 acre tract as described in the deed to Tom and Mandy McCutcheon, being recorded in Volume 5265, Page 5057, Deed Records, Denton County, Texas; Thence South 03 degrees 48 minutes 14 seconds West, along the east line of said 41.449 acre tract a distance of 2,640.34 feet to a point for a_ corner in the north line of Elm Bottom Circle; Thence North 85 degrees 55 minutes 04 seconds West, along the north line of said Elm Bottom Circle and the south line of said 41.449 acre tract a distance of 766.19 feet to a point for a corner on the north line of said road and being the southwest corner of said 41.449 acre tract and being the southeast corner of a called 22.366 acre tract as described in the deed to Julia Fern Nicodemus, being recorded in Volume 5201, Page 2560, Deed Records, Denton County, Texas; Thence North 86 degrees 40 minutes 40 seconds West, along the north line of said Elm Bottom Circle and the south line of said 22.366 acre tract a distance of 762 feet to a point for a corner and being the northwest corner of a called 1.885 acre tract as described in the deed to Henry L. Vaughn, Sr. and wife Carolyn H. Vaughn, being recorded under County Clerk's File Number 2004-1 1 98 5 1, Real Property Records, Denton County, Texas; 12 Thence South 02 degrees 24 minutes 43 seconds West, along the west line of said 1.885 acre tract, a distance of 415.50 feet to a point for a corner and being the southwest corner of said 1.885 acre tract; Thence North 76 degrees 18 minutes 06 seconds East, along the south line of said 1.885 acre tract, a distance of 225.81 feet to a point for a corner and being the southeast corner of said 1.885 acre tract and being on the west line of a called 10.0001 acre tract as described in the deed to Joseph M. Strittmatter and wife Marla A. Strittmatter, be recorded in Volume 5301, Page 5281, Denton County, Texas; Thence South 01 degrees 09 minutes 45 seconds West, along the west line of said 10.0001 acre tract, a distance of 267.25 feet to a point for a corner and being the southwest comer of said 10.0001 acre tract; Thence South 87 degrees 51 minutes 54 seconds East, along the south line of said 10.0001 acre tract a distance of 654.22 to a point for a corner, and also being the southeast corner of said 10.0001 acre tract and being located on the east line of Lot 1, Block 1, of the Clear Ridge Addition, being recorded in Cabinet R, Page 260, Plat Records, Denton County, Texas; Thence South 01 degree 59 minutes 11 seconds West, along the west line of said Lot 1 a distance of 1,564.75 feet to a point for a corner being the southeast comer of said Lot 1, said point being in Clear Creek; Thence along the southern boundary of said addition, and within the meanders of Clear Creek the following twenty-two bearings and distances: South 70 degrees 51 minutes 01 seconds East, 708.72 feet; South 60 degrees 27 minutes 45 seconds East, 325 feet; North 85 degrees 56 minutes 25 seconds East, 537.62 feet; North 37 degrees 07 minutes 29 seconds East, 203.66 feet; North 01 degrees 03 minutes 20 seconds East, 450.53 feet; North 89 degrees 05 minutes 56 seconds East, 449.23 feet; South 37 degrees 31 minutes 28 seconds East, 136.08 feet; South 09 degrees 16 minutes 55 seconds East, 194.18 feet; South 14 degrees 54 minutes 31 seconds East, 225.00 feet; South 06 degrees 33 minutes 49 seconds East, 258.46 feet; South 33 degrees 44 minutes 54 seconds West, 272.00 feet; South 08 degrees 33 minutes 20 seconds East, 148.00 feet; South 60 degrees 48 minutes 48 seconds East, 230.00 feet; North 65 degrees 00 minutes 37 seconds East, 662.74 feet; North 71 degrees 09 minutes 55 seconds East, 321.07feet; North 50 degrees 06 minutes 07 seconds East, 163.52 feet; South 87 degrees 28 minutes 50 seconds East, 105.00 feet; South 87 degrees 07 minutes 53 seconds East, 100.00 feet; South 45 degrees 27 minutes 48 seconds East, 333.50 feet; 13 South 66 degrees 18 minutes 45 seconds East, 172.00 feet; South 59 degrees 31 minutes 12 seconds East, 420.00 feet; South 67 degrees 40 minutes 21 seconds East, 209.56 feet and being the southeast corner of said addition and a northeast corner of a called 207.54 acre tract to the City of Denton, being recorded under County Clerk's File Number 00-0004186, Real Property Records, Denton County, Texas; Thence South 01 degrees 18 minutes 04 seconds West, along the east line of said 207.54 acre tract a distance of 2,956.98 feet to a point for a corner; Thence North 89 degrees 07 minutes 34 seconds East, along a north line of said 207.54 acre tract a distance of 579 feet to a point for a corner on the west line of Hartlee Field Road; Thence South 02 degrees 58 minutes 57 seconds West, along the west line of said road a distance of 2,213 feet to a point for a corner on the north line of said road; Thence West, along the north line of said road .a distance of 8,108 feet to a point for a comer; Thence South 56 degrees West, continuing along the northerly line of said road a distance of 302 feet to a point for a corner; Thence West, continuing along the north line of said Hartlee Field Road, passing at 2,535 feet the transition point to the north line of Woodlands Hills Drive and continuing along said Woodlands Hills Drive a total a distance of 2,990 feet to a point for a corner; Thence South, along the west line of said Woodlands Hills Drive a distance of 194 feet to a point for a corner on the south line of a called 3.599 acre tract, as described in the deed to Buddy F. Dobson and Bessie Lou Dobson from Walter E. Parker and Mildred Parker being recorded in Volume 654, Page 214, Deed Records, Denton County, Texas; Thence North 87 degrees 43 minutes 00 seconds West, a distance of 617 feet to a point for a corner, said point being a southwest corner of a called 1,083.5749 acre tract, as described in the deed to Donald J. Carter and Linda Jo Carter from Home Interiors & Gift, Inc., being recorded under County Clerk's File number 94-R0065442, Real Property Records, Denton County, Texas; Thence North 87 degrees 26 minutes 09 seconds West, a distance of 1,164 feet to a point for a corner on the existing city limits line established by said Ordinance 74-36, said point being 500 feet east of the and perpendicular to the center line of Farm to Market Road 428; Thence North 31 degrees 15 minutes 00 seconds East, along the east line of the existing city limits line established by said Ordinance 74-36 a distance of 3,698 feet to a point for a corner and being the northeast comer of the existing city limits established by said Ordinance 74-36; Thence North 86 degrees 27 minutes 40 seconds West, along the north line of the existing city limits established by said Ordinance 74-36, and passing at a distance of 584.85 the centerline of said Farm to Market Road 428 and continuing same course for a total distance of 1,169.70 feet to the POINT OF BEGINNING and containing in all approximately 5,768 acres of land. 14 P,R. 6G36 _ j CURGER I ~ 4 cRFINGI9ft - sIErAAUF4D - I,l r I. +r 1 F LJ IrL { L ( tea. < i T y ~ 4 9 77 tlar,rl.cc•IIrLUUOaLes~ IU= - I 1 y r ~ ~ ~ CAL ` ~ . LOCATION MAP 15 Exhibit A-1 DENTON NORTH ANNEXATION 3,392 ACRE TRACT All that certain lot, tractor parcel of land lying and being situated in the County of . Denton, State of Texas, and being all or part of the V. Gailer Survey, Abstract Number 452, J. Clark Survey, Abstract Number 247, J. Cheek Survey, Abstract Number 227, H. Williams Survey, Abstract Number 1417, J. Douthit Survey, Abstract Number 329, S. Morris Survey, Abstract Number 859, D. Ground Survey, Abstract Number 489, J. Petty Survey, Abstract Number 1027, P O'Leary Survey, Abstract Number 977, S- Lamar Survey, Abstract Number 761, J. Thomas Survey, Abstract Number 1240, E. Myers Survey, Abstract Number 932, and the E. Myers Survey, Abstract Number 933 and being more particularly described as follows: BEGINNING at the Northwest comer of the existing Denton city limits established by Ordinance 74-36, Tract IV, and being on the south line of the J. Cheek Survey, Abstract Number 227 and the north line of the H. Williams Survey, Abstract Number 1417 said point being 584.85 feet West of the centerline of Farm to Market Road 428; Thence South 31 degrees 15 minutes 00 seconds West, a distance of 2,907 feet to a point for a comer on the south line of a called 283.734 acre tract described in the deed to Donald J. Carter from Equestrian Development Corporation of North Texas, being recorded under County Clerk's File Number 2001-R0028444, Real Property Records, Denton County, Texas, said point also being 500 feet west of and perpendicular to the centerline of Farm to Market Road 428; . Thence North 86 degrees 38 minutes 20 seconds West, along the south line of said 283.734 acre tract a distance of 2,691.39 feet to a point for a comer and also being the southwest corner of said 283.734 acre tract; Thence North 03 degrees 59 minutes 06 seconds East, along a west line of said 283.734 acre tract a distance of 1,311.90 feet to a point for a comer; Thence South 87 degrees 11 minutes 32 seconds East, along a north line of said 283.734 acre tract a distance of 112.95 feet to a point for a comer; Thence North 03 degrees 54 minutes 43 seconds East, along a west line of said 283.734 acre tract a distance of 2,243.16 feet to a point for a comer and also being the northwest comer of said 283.734 acre tract; Thence South 88 degrees 35 minutes 40 seconds East, along a north line of said 283.734 acre tract a distance of 2,577.35 feet to a point for a comer on the west line of a called 92.701 acre tract described in the deed to Jeffrey W. and Jeanie T. Noe from Denis E. and Catherine A Ferrari, being recorded in Volume 2879, Page 544, Real Property Records,. Denton County, Texas; 16 Thence North 02 degrees 57 minutes 25 seconds East, along the west line of said 92.701 acre tract a distance of 2,054.35 feet to a point for a comer on the south line of a called 292.369 acre tract as described in the deed to Donald J. Carter from Equestrian Development Corporation of North Texas, being recorded under County Clerk's File Number 2001-R0028444, Real Property Records, Denton County, Texas; Thence with the south line of said 292.369 acre tract and within the meanders of Clear Creek the following eleven bearings and distances: 1) North 77 degrees 49 minutes 17 seconds West, a distance of 268.87 feet; 2) North 63 degrees 35 minutes 15 seconds West, a distance of 449.29 feet; 3) North 31 degrees 52 minutes 40 seconds West, a distance of 416.78 feet; 4) North 72 degrees 20 minutes 46 seconds West, a distance of 383.69 feet; 5) North 69 degrees 37 minutes 45 seconds West, a distance of 232.89 feet; 6) North 23 degrees 58 minutes 38 seconds West, a distance of 746.25 feet; 7) North 60 degrees 31 minutes 44 seconds West, a distance of 224.19 feet; 8) North 87 degrees 02 minutes 31 seconds West, a distance of 156.60 feet; 9) North 32 degrees 56 minutes 10 seconds West, a distance of 127.09 feet; 10) North 43 degrees 45 minutes 57 seconds West, a distance of 169.89 feet; 11) North 02 degrees 10 minutes 13 seconds East, a distance of 169.59 feet, Thence South 87 degrees 36 minutes 57 seconds East, along a north line of said 292.369 acre tract a distance of 1,179.97 feet to a point for a comer; Thence South 86 degrees 54 minutes 46 seconds East, along a north line of said 292.369 acre tract a distance of 663.58 feet to a point for a comer; Thence South 88 degrees 16 minutes 20 seconds East, along a north line of said 292.369 acre tract a distance of 658.14 feet to a point for a comer; Thence North 06 degrees 36 minutes 34 seconds East, along a west line of said 292.369 acre tract a distance of 297.78 feet to a point for a comer; Thence North 29 degrees 15 minutes 38 seconds East, a distance of 52.46 feet to a point for a comer on the north line of said 292.369 acre tract; Thence South 86 degrees 08 minutes 32 seconds East, along the northern most line of said 292.369 acre tract a distance of 808.30 feet to a point for a comer; Thence South 86 degrees 13 minutes 20 seconds East, along the northern most line of said 292.369 acre tract a distance of 1,143.06 feet to a point for a corner on the west line of a called 132.18 acre tract as described in the deed to Ray and Betty J. Lynch from the Estate of Edwin Bryan Matthews, being recorded in Volume 1092, Page 653, Deed Records, Denton County, Texas; 17 Thence East, along a north line of said 132.18 acre tract a distance of 858.33 feet to a point for a comer; Thence East, across said 132.18 acre tract a distance of 1,261.12 feet to a point for a comer on the west line of a called 118.13 acre tract as described in the deed to Ray and Betty J. Lynch from the Estate of Edwin Bryan Matthews , being recorded in Volume 1092, Page 653, Deed Records, Denton County, Texas; Thence North, along the west line of said 118.13 acre tract and the east line of said 132.18 acre tract a distance of 2,346 feet to a point for a comer on the south line of a called 40.000 acre tract as described in the deed to Jim Bingham from Cates Bingham, Otha H. Bingham, Minnie E. Skiles, Mae Maddox, Cora B. Kilbom and Edna B. Belew, being recorded in Volume 863, Page 602, Deed Records, Denton County, Texas; Thence East, across said 40.000 acre tract and passing at 1,493 the east line of said 40.000 acre tract and continuing same course a total a distance of 1,895 feet to a point for a comer on the west line of Green Valley Circle; Thence North 09 degrees West, along the west line of Green Valley Circle a distance of 281 feet to a point for a comer on the westline of said Green Valley Circle; Thence East, across Green Valley Circle a;distance of 48 feet to a point for a comer on the west line of a called 6.53 acre tract as described in the deed to Devron Jeffers from Marjorie Jan Miller and Doris Joan Miller Seale, being recorded under County Clerk's File Number 00-R0018777, Real Property Records, Denton County, Texas; Thence South 87 degrees 25 minutes 00 seconds East, along the north line of Warschun Road a distance of 418.72 feet to a point for a corner being the southeast comer of said 6.53 acre tract; Thence East, along the north line of Warschun Road a distance of 558 feet to a point for a comer and being on the east line of a called 3.157 acre tract as described in the deed to Larry D. and Patricia J. Hopper from Walter Glen and Glenda Lou Keen, being recorded under County Clerk's File Number 97-R0042996, Real Property Records, Denton County, Texas; Thence North 03 degrees 17 minutes 00 seconds East, along the east line of said 3.157 acre tract a distance of 883 feet to a point for a comer and being the northeast comer of said 3.157 acre tract and also being the northwest comer of a called 2.048 acre tract as described as Tract Two in the deed, to James Whitlock from Marjorie Pitner, being recorded in Volume 830, Page 645, Deed Records, Denton County, Texas; Thence South 87 degrees 25 minutes 00 seconds East, along the north line of said 2.048 acre tract a distance of 96.58 feet passing the northeast comer of said 2.048 acre tract and being the northwest comer of a called 4.00 acre tract as described as Tract Three in said James Whitlock deed, a distance of 189.68. feet passing the northeast comer of said 4.00 18 acre tract and continuing same course a total distance of 860 feet to a point for a comer on east line of a tract of land conveyed to James Whitlock and wife Fren Whitlock, being recorded in Volume 1467, Page 903, Deed Records, Denton County, Texas, and said point being on the west line of a called 18.721 acre tract as described in the deed to Julia Fern Nicodemus from the Estate of Winnie Fern Sauls, being recorded under County Clerk's File Number 2002-RO 136989, Real Property Records, Denton County, Texas; Thence North 04 degrees 17 minutes 10 seconds East, along the west line of said 18.721 acre tract and passing at a distance of 171 feet the northwest comer of said 18.721 acre tract and also being the southwest comer of a called 41.087 acre tract as described in the deed to Lawrence E. Nicodemus, H and Julie F. Nicodemus, and Raymond Gene Shaw, Sr. and Betty Shaw from Raymond Gene Shaw, Jr., being recorded by County Clerks File number 2003-RO113243, Real Property Records, Denton County, Texas and continuing same course and along the west line of said 41.087 acre tract a total of 1,356.69 feet to a point for a corner and being the northwest. corner of said 41.087 acre tract; Thence South 86 degrees 16 minutes 41 seconds East, along the north line of said 41.087 acre tract a distance of 873 feet to a point for a comer and being a southwest comer of a called 20.00 acre tract as described in the deed to Gary Lynn and Kerry Sure Lewis from Charles A. and Joy Wood Betzel, being recorded under County Clerk's File Number 93- R0076013, Real Property Records, Denton County, Texas; Thence North 01 degrees 58 minutes 09 seconds East, a distance of 347.05 feet to a point for a comer and being the northwest comer of said 20.00 acre tract and also being a southwest comer of a called 75.985 acre tract as described in the deed to Lee M. and Beverly Janzen from Toni MCCutcheon, being recorded under County Clerk's File Number 2004-111489, Real Property Records, Denton County, Texas; Thence North 01 degrees 57 minutes 22 seconds East, along the west line of said 75.985 acre tract a distance of 1,687.44 feet to a point for a corner being the northwest comer of said 75.985 acre tract; Thence South 87 degrees 59 minutes 05 seconds East, along the north line of said 75.985 acre tract a distance of 1,531.36 feet to a point for a comer on the west line of a called 170.204 acre tract as described in the deed!to Edwin G. and Nancy J. Pickett from Patsy L. Hutton and John H. Driver, being recorded by County Clerks File number 97- 80041237, Real Property Records, Denton County, Texas; Thence North 01 degrees 00 minutes 00 seconds East, along a west line of said 170.204 acre tract a distance of 829.66 feet to a point for a comer; Thence North 01 degrees East and across said 170.204 acre tract a distance of 1,813 feet to a point for a comer on the North line of Shepard Road; 19 Thence East, along the north line of said Shepard Road a distance of 1,458 feet to a point for a comer, said point being on a east line of FM 2153 and being the beginning of a non- tangent curve to the left having a radius of 1,100.92 feet; Thence along said curve to the left and along the east line of said road; an are distance of 257.05 feet having a chord bearing and distance of South 18 degrees 56 minutes 40 seconds East a distance of 256.46 feet to a'point for a comer; Thence South 25 degrees 38 minutes 00 seconds East, along the east line of said road a distance of 762.40 feet to a point for a corner and being the beginning of a curve to the right having a radius of 1,954.86 feet; Thence along said curve to the right and along the east line of said road, an arc distance of 874.53 feet having a chord bearing and distance of South 12 degrees 48 minutes 58 seconds East, 867.26 feet to a point for a comer; Thence South, along the east line of said road a distance of 505.98 feet to a point for a comer, Thence South 67 degrees 36 minutes 49 seconds East, along the east line of said road a distance of 76.17 feet to a point for a comer on the north line of Farm to Market Road 428 and being the beginning of a non-tangent curve to the right having a radius of 622.96 feet; Thence along said curve to the right and along the north line of said Farm to Market Road 428, an arc distance of 476.21 feet having a chord bearing and distance of North 67 degrees 17 minutes 55 seconds East, 464.70 feet to a point for a comer; Thence North 89 degrees 13 minutes 00 seconds East, along the north line of said road a distance of 1,173 feet to a point for a comer; Thence South, across said road a distance of 100 feet to a point for a comer on the north line of a called 73.782 acre tract as described in the deed to R. H. Venable, being recorded in Volume 450, Page 635, Deed Records, Denton County, Texas; Thence South 02 degrees 17 minutes 20 seconds West, along the west line of said 73.782 acre tract a distance of 1,254 feet to a point for a corner and being the northeast comer of a called 32.332 acre tract as described in the deed to Thomas McCutcheon, being recorded under County Clerk's File Number 00-R0071021, Real Property Records, Denton County, Texas; Thence South 00 degrees 37 minutes 02 seconds West, along the east line of said 32.332 acre tract a distance of 451.35 feet to a point for a comer being the northeast comer of a called 144.597 acre tract to Double W. Farms, LLC, from Nancy Johnson Pickett, being recorded under County Clerk's File Number 2004-78032, Real Property Records, Denton County, Texas; 20 Thence South 02 degrees 30 minutes 22 seconds West, along the east line of said 144.597 acre tract a distance of 1,376.10 feet to a point for a comer; Thence West; a distance of 1,965 feet to a point for a comer and being the southeast comer of a called 9.366 acre tract, as described in the deed to Wallis J. Winegar and Jane Winegar, being recorded under County Clerk's File Number 2004-84536, Real Property Records, Denton County, Texas; Thence North 17 degrees 32 minutes 18 seconds West, along a east line of said 9.366 acre tract, a distance of 312.65 feet to a point for a comer; Thence North 34 degrees 52 minutes 42 seconds East, along a east line of said 9.366 acre tract, a distance of 165.00 feet to a point for a comer; Thence North 13 degrees 13 minutes 30 seconds West, along a east line of said 9.366 acre tract, a distance of 309.49 feet to a point for a comer; Thence North 73 degrees 23 minutes 27 seconds West, along a east line of said 9.366 acre tract, a distance of 199.30 feet to a point for a comer on the North line of said 9.366 acre tract; Thence North 88 degrees 27 minutes 27 seconds West, along the north line of said 9.366 acre tract, a distance of 124 feet to a point for a comer on the east line of PR 2718; Thence South, along the east line of PR 2718, a distance of 786 feet to a point for a corner on the south line of said road and being on the north line of a called 65.149 acre tract as described in the deed to Edwin and Nancy Pickett from Jeffery A and Desiree B. Gutknecht, being recorded in Volume 4428, Page 1439, Real Property Records, Denton County, Texas; Thence South 88 degrees 36 minutes 49 seconds East, along the north line of said 65.149 acre tract, a distance of 169 feet to a point for a comer and being the northeast comer of said 65.149 acre tract. Thence South 01 degrees 19 minutes 14 seconds West, along the east line of said 65.149 acre tract, a distance of 1,467.54 feet r Thence North 87 degrees 10 minutes 37 seconds West, along the south line of said 65.149 acre tract a distance of 890.70 feet to a point for a comer; Thence North 87 degrees 32 minutes 03 seconds West, along the south line of said 65.149 acre tract a distance of 961.66 feet to a point for a comer; Thence West, along the south line of said 65.149 acre tract a distance of 206 feet to a point for a comer on the north line of Saul Road; 21 Thence South 55 degrees West, across said Sauls Road a distance of 118 feet to a point for a comer on the south line of said Sauls Road; Thence West along the south line of said Sauls Road a distance of 301 fee to a point for a corner and being on the east line of a called 41.449 acre tract as described in the deed to Tom and Mandy McCutcheon, being recorded in Volume 5265, Page 5057, Deed Records, Denton County, Texas; Thence South 03 degrees 48 minutes 14 seconds West, along the east line of said 41.449 acre tract a distance of 2,640.34 feet to a point for a comer in the north line of Elm Bottom Circle; Thence North 85 degrees 55 minutes 04 seconds West, along the north line of said Elm Bottom Circle and the south line of said 41.449 acre tract a distance of 766.19 feet to a point for a comer on the north line of said road and being the southwest comer of said 41.449 acre tract and being the southeast comer of a called 22.366 acre tract as described in the deed to Julia Fern Nicodemus, being recorded in Volume 5201, Page 2560, Deed Records, Denton County, Texas; Thence North 86 degrees 40 minutes 40 seconds West, along the north line of said Elm Bottom Circle and the south line of said 22.366 acre tract a distance of 762 feet to a point for a comer and being the northwest comer of a called 1.885 acre tract as described in the deed to Henry L. Vaughn, Sr. and wife Carolyn H. Vaughn, being recorded under County Clerk's File Number 2004-119851, Real Property Records, Denton County, Texas; Thence South 02 degrees 24 minutes 43 seconds West, alol g the west line of said 1.885 acre tract, a distance of 415.50 feet to a point for a corner and being the southwest comer of said 1.885 acre tract; Thence North 76 degrees 18 minutes 06 seconds East, along the south line of said 1.885 acre tract, a distance of 225.81 feet to a point for a corner and being the southeast corner of said 1.885 acre tract and being on the west line of a called 10.0001 acre tract as described in the deed to Joseph M. Strittmatter and wife Marla A. Strittmatter, be recorded in Volume 5301, Page 5281, Denton County, Texas; Thence South 01 degrees 09 minutes 45 seconds West, along the west line of said 10.0001 acre tract, a distance of 267.25 feet to a point for ' comer and being the southwest comer of said 10.0001 acre tract; Thence South 87 degrees 51 minutes 54 seconds East, a 10.0001 acre tract a distance of 654.22 to a point for a c southeast comer of said 10.0001 acre tract and being lo( Block 1, of the Clear Ridge Addition, being recorded in Records, Denton County, Texas; the south line of said and also being the on the east line of Lot 1, inet R, Page 260, Plat 22 Thence South 01 degree 59 minutes 11 seconds West, along the west line of said Lot 1 a distance of 1,564.75 feet to a point for a comer being the southeast comer of said Lot 1, said point being in Clear Creek; Thence along the southern boundary of said addition, and within the meanders of Clear Creek the following twenty-two bearings and distances: 1) South 70 degrees 51 minutes 01 seconds East, 708.72 feet; 2) South 60 degrees 27 minutes 45. seconds East, 325 feet; 3) North 85 degrees 56 minutes 25 seconds East, 537.62 feet; 4) North 37 degrees 07 minutes 29 seconds East, 203.66 feet; 5) North 01 degrees 03 minutes 20 seconds East, 450.53 feet; 6) North 89 degrees 05 minutes 56 seconds East, 449.23 feet; 7) South 37 degrees 31 minutes 28 seconds East, 136.08 feet; 8) South 09 degrees 16 minutes 55 seconds East, 194.18 feet; 9) South 14 degrees 54 minutes 31 seconds East, 225.00 feet; 10) South 06 degrees 33 minutes 49 seconds East, 258.46 feet; 11) South 33 degrees 44 minutes 54 seconds West, 272.00 feet; 12) South 08 degrees 33 minutes 20 seconds East, 148.00 feet; 13) South 60 degrees 48 minutes 48 seconds East, 230.00 feet; 14) North 65 degrees 00 minutes 37 seconds East, 662.74, feet; 15) North 71 degrees 09 minutes 55 seconds East, 321.07feet; 16) North 50 degrees 06 minutes 07 seconds East, 163.52 feet; 17) South 87 degrees 28 minutes 50 seconds East, 105.00 feet; 18) South 87 degrees 07 minutes 53 seconds East, 100.00 feet;. 19) South 45 degrees 27 minutes 48 seconds East, 333.50 feet; 20) South 66 degrees 18 minutes 45 seconds East, 172.00 feet; 21) South 59 degrees 31 minutes 12 seconds East, 420.00 feet; 22) South 67 degrees 40 minutes 21 seconds East, 209.56 feet and being the southeast corner of said addition and a northeast comer of a called 207.54 acre tract to the City of Denton, being recorded under County Clerk's File Number 00-0004186, Real Property Records, Denton County, Texas; Thence South 01 degrees 18 minutes 04 seconds West, along the east line of said 207.54 acre tract a distance of 2,956.98 feet to a point for a comer; Thence North 89 degrees 07 minutes 34 seconds East, along a north line of said 207.54 acre tract a distance of 579 feet to a point for a comer on the west line of Hardee Field Road; Thence South 02 degrees 58 minutes 57 seconds West, along the west line of said road a distance of 2,213 feet to a point for a corner on the north line of said road; Thence West, along the north line of said road a distance of 8,108 feet to a point for a comer; 23 Thence South 56 degrees West, continuing along the northerly line of said road a distance of 302 feet to a point for a comer; Thence West, continuing along the north line of said Hartlee Field Road, passing at 2,535 feet the transition point to the north line of Woodlands Hills Drive and continuing along said Woodlands Hills Drive a total a distance of 2,990 feet to a point for a corner; t Thence South, along the west line of said Woodlands Hills Drive a distance of 194 feet to a point for a comer on the south line of a called 3.599 acre tract, as described in the deed to Buddy F. Dobson and Bessie Lou Dobson from Walter E. Parker and Mildred Parker being recorded in Volume 654, Page 214, Deed Records, Denton County, Texas; Thence North 87 degrees 43 minutes 00 seconds West, a distance of 617 feet to a point for a comer, said point being a southwest comer of a called 1,083.5749 acre tract, as described in the deed to Donald J. Carter and Linda Jo Carter from Home Interiors & Gift, Inc., being recorded under County Clerk's,File number 94-R0065442, Real Property Records, Denton County, Texas; Thence North 87 degrees 26 minutes 09 seconds West, a distance of 1,164 feet to a point for a comer on the existing city limits lineestablished by said Ordinance 74-36, said point being 500 feet east of the and perpendicular to the center line of Farm to Market Road 428; Thence North 31 degrees 15 minutes 00 seconds East, along the east line of the existing city limits line established by said Ordinance 74-36 a distance of 3,698 feet to a point for a comer and being the northeast corner of the existing city limits established by said Ordinance 74-36; Thence North 86 degrees 27 minutes 40 seconds West, along the north line of the existing city limits established by said Ordinance 74-36, and passing at a distance of 584.85 the centerline of said Farm to Market Road 428 and continuing same course for a total distance of 1,169.70 feet to the POINT OF BEGINNING and containing in all approximately 3,392 acres of land. 24 Exhibit A-2 DENTON NORTH ANNEXATION 2,376 ACRE TRACT All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being all or part of the W. Thompson Survey, Abstract Number 1238, A. Patton Survey, Abstract Number 990, S. Williams Survey, Abstract Number 1322, and the E. Myers Survey, Abstract Number 933 and being more particularly described as follows: - - COMMENCING at the-Northwest comer of the existing Denton city limits established by - - Ordinance 74-36, Tract IV, and being on the south line of the J. Cheek Survey, Abstract Number 227 and the north line of the H. Williams Survey, Abstract Number 1417 said point being 584.85 feet West of the centerline of Farm to Market Road 428; Thence South 31 degrees 15 minutes 00 seconds West, a distance of 2,907 feet to a point for a comer on the south line of a called 283.734 acre tract described in the deed to Donald J. Carter from Equestrian Development Corporation of North Texas, being recorded under County Clerk's File Number 2001-R0028444, Real Property Records, Denton County, Texas, said point also being 500 feet west of and perpendicular to the centerline of Farm to Market Road 428; , Thence North 86 degrees 38 minutes 20 seconds West, along the south line of said 283.734 acre tract a distance of 2,691.39 feet to a point for a comer and also being the southwest comer of said 283.734 acre tract; Thence North 03 degrees 59 minutes 06 seconds East, along a west line of said 283.734 acre tract a distance of 1,311.90 feet to a point for a comer; Thence South 87 degrees 11 minutes 32 seconds East, along a north line of said 283.734 . acre tract a distance of 112.95 feet to a point for a comer; Thence North 03 degrees 54 minutes 43 seconds East, along a west line of said 283.734 acre tract a distance of 2,243.16 feet to a point for a coiner and also being the northwest comer of said 283.734 acre tract; Thence South 88 degrees 35 minutes 40 seconds East, along a north line of said 283.734 acre tract a distance of 2,577.35 feet to a point for a comer on the west line of a called 92.701 acre tract described in the deed to Jeffrey W. and Jeanie T. Noe from Denis E. and Catherine A Ferrari, being recorded in Volume 2879, Page 544, Real Property Records, Denton County, Texas; Thence North 02 degrees 57 minutes 25 seconds East, along the west line of said 92.701 acre tracta distance of 2,054.35 feet to a point for a corner on the south line of a called 292.369 acre tract as described in the deed;to Donald J. Carter from Equestrian Development Corporation of North Texas lbeing recorded under County Clerk's File Number 2001-R0028444, Real Property Records, Denton County, Texas; 25 Thence with the south line of said 292.369 acre tract and within the meanders of Clear Creek the following eleven bearings and distances: 1) North 77 degrees 49 minutes 17 seconds West, a distance of 268.87 feet; 2) North 63 degrees 35 minutes 15 seconds West, a distance of 449.29 feet; 3) North 31 degrees 52 minutes 40 seconds West, a distance of 416.78 feet; 4) North 72 degrees 20 minutes 46 seconds West, a distance of 383.69 feet; 5) North 69 degrees 37 minutes 45 seconds West, a distance of 232.89 feet; 6) North 23 degrees 58 minutes 38 seconds West, a distance of 746.25 feet; 7)--North-60 -degrees 31 minutes 44 seconds West, a distance of 224.19 feet;" 8) North 87 degrees 02 minutes 31 seconds West, a distance of 156.60 feet; 9) North 32 degrees 56 minutes 10 seconds West, a distance of 127.09 feet; 10) North 43 degrees 45 minutes 57 seconds West, a distance of 169.89 feet; 11) North 02 degrees 10 minutes 13 seconds East, a distance of 169.59 feet; Thence South 87 degrees 36 minutes 57 seconds East, along a north line of said 292.369 acre tract a distance of 1,179.97 feet to a point for a comer; Thence South 86 degrees 54 minutes 46 seconds East, along a north line of said 292.369 acre tract a distance of 663.58 feet to a point for a comer; Thence South 88 degrees 16 minutes 20 seconds East, along a north line of said 292.369 acre tract a distance of 658.14 feet to a point for a comer; Thence North 06 degrees 36 minutes 34 seconds East, along a west line of said 292369 acre tract a distance of 297.78 feet to a point for a comer; Thence North 29 degrees 15 minutes 38 seconds East, a distance of 52.46 feet to a point for a comer on the north line of said 292.369 acre tract; Thence South 86 degrees 08 minutes 32 seconds East, along the northern most line of said 292.369 acre tract a distance of 808.30 feet to a point for a comer; Thence South 86 degrees 13 minutes 20 seconds East, along the northern most line of said 292.369 acre tract a distance of 1,143,06 feet to a point for a comer on the west line of a called 132.18 acre tract as described in the deed to Ray and Betty J. Lynch from the Estate of Edwin Bryan Matthews, being recorded in Volume 1092, Page 653, Deed Records, Denton County, Texas; Thence East, along a north line of said 132.18 acre tract a distance of 858.33 feet to a point for a comer; Thence East, across said 132.18 acre tract a distance of 1,261.12 feet to a point for a corner on the west line of a called 118.13 acre tract as described in the deed to Ray and Betty J. Lynch from the Estate of Edwin Bryan Matthews , being recorded in Volume 1092, Page 653, Deed Records, Denton County, Texas; 26 Thence North, along the west line of said 118.13 acre tract and the east line of said 132.18 acre tract a distance of 2,346 feet to a point for a comer on the south line of a called 40.000 acre tract as described in the, deed to Jim Bingham from Cates Bingham, Otha H. Bingham Minnie E. Skiles, Mae Maddox, Cora B. Kilburn and Edna B. Belew, being recorded in Volume 863, Page 602, Deed Records, Denton County, Texas; Thence East, across said 40.000 acre tract and passing at 1,493 the east line of said 40.000 acre tract and continuing same course a total a distance of 1,895 feet to a point for a comer on the west line of Green Valley Circle; Thence North 09 degrees West, along the west line of Green Valley Circle a distance of 281 feet to a point for a comer on the west, line of said Green Valley Circle; Thence East, across Green Valley Circle a distance of 48 feet to a point for a comer on the west line of a called 6.53 acre tract as described in the deed to Devron Jeffers from Marjorie Jan Miller and Doris Joan Miller Seale, being recorded under County Clerk's File Number 00-R0018777, Real Property Records, Denton County, Texas; Thence South 87 degrees 25 minutes 00 seconds East, along the north line of Warschun Road a distance of 418.72 feet to a point for a comer being the southeast comer of said 6.53 acre tract; Thence East, along the north line of Warschun Road a distance of 558 feet to a point for a comer and being on the east line of a called 3.157 acre tract as described in the deed to Larry D. and Patricia J. Hopper from Walter Glen and Glenda Lou Keen, being recorded under County Clerk's File Number 97-R0042996, Real Property Records, Denton County, Texas; Thence North 03 degrees 17 minutes 00 seconds East, along the east line of said 3.157 acre tract a distance of 883 feet to a point for a corner and being the northeast comer of said 3.157 acre tract and also being the northwest comer of a called 2.048 acre tract as described as Tract Two in the deed to James Whitlock from Marjorie Pitner, being recorded in Volume 830, Page 645, Deed Records, Denton County, Texas; Thence South 87 degrees 25 minutes 00 seconds East, along the north line of said 2.048 acre tract a distance of 96.58 feet passing the northeast comer of said 2.048 acre tract and being the northwest comer of a called 4.00, acre tract as described as Tract Three in said James Whitlock deed, a distance of 189.68' feet passing the northeast comer of said 4.00 acre tract and continuing same course a total distance of 860 feet to a point for a comer on east line of a tract of land conveyed to James Whitlock and wife Fren Whitlock, being recorded in Volume 1467, Page 903, Deed Records, Denton County, Texas, and said point being on the west line of a called 18.721 acre tract as described in the deed to Julia Fern Nicodemus from the Estate of Winnie Fern Sauls, being recorded under County Clerk's File Number 2002-R0136989, Real Property Records, Denton County, Texas; Thence North 04 degrees 17 minutes 10 seconds East, along the west line of said 18.721 acre tract and passing at a distance of 171 feet the northwest comer of said 18.721 acre tract and also being the southwest comer of a called 41.087 acre tract as described in the 27 deed to Lawrence E. Nicodemus, IT and Julie F. Nicodemus, and Raymond Gene Shaw, Sr. and Betty Shaw from Raymond Gene Shaw, Jr., being recorded by County Clerks File number 2003-R0113243, Real Property Records, Denton County, Texas and continuing same course and along the west line of said 41.087 acre tract a total of 1,356.69 feet to a point for a comer and being the northwest'comer of said 41.087 acre tract; Thence South 86 degrees 16 minutes 41 seconds East, along the north line of said 41.087 acre tract a distance of 873 feet to a point for a comer and being a southwest comer of a called 20.00 acre tract as described in the deed to Gary Lynn and Kerry Sure Lewis from --Charles-A-. and Joy Wood Betzel,-being recorded under County Clerk's File Number 93- R0076013, Real Property Records, Denton County, Texas; Thence North 01 degrees 58 minutes 09 seconds East, a distance of 347.05 feet to a point for a comer and being the northwest comer of said 20.00 acre tract and also being a southwest corner of a called 75.985 acre tract as described in the deed to Lee M. and Beverly Janzen from Tom McCutcheon, being recorded under County Clerk's File Number 2004-111489, Real Property Records, Denton County, Texas; Thence North 01 degrees 57 minutes 22 seconds East, along the west line of said 75.985 acre tract a distance of 1,687.44 feet to a point for a comer being the northwest comer of said 75.985 acre tract; Thence South 87 degrees 59 minutes 05 seconds East, along the north line of said 75.985 acre tract a distance of 1,531.36 feet to a point for a comer on the west line of a called 170.204 acre tract as described in the deed to Edwin G. and Nancy J. Pickett from Patsy L. Hutton and John H. Driver, being recorded by County Clerks File number 97- R0041237, Real Property Records, Denton County, Texas; Thence North 01 degrees 00 minutes 00 seconds East, along a west line of said 170.204 acre tract a distance of 829.66 feet to a point for a comer; Thence North 01 degrees East and across said 170.204 acre tract a distance of 1,813 feet to a point for a comer on the North line of Shepard Road, and being the POINT OF BEGINNING of the herein described tract of land; Thence West and continuing along the north line of said Shepard Road a distance of 3,589 feet to a point for a comer, said point being on a west line of a called 1,898.19 acre tract as described in the deed to JNC Partners Denton, LLC, from the Kenneth Craver Family Trust, being recorded under County Clerk's File Number 2004-51648, Deed Records, Denton County, Texas; Thence North 00 degrees 10 minutes 40 seconds East along a west line of said 1,898.19 acre tract a distance of 2,892 feet to a point for a comer; Thence along the boundary of said 1,898.19 acre tract the following sixteen bearings and distances: 1) South 88 degrees 48 minutes 27 seconds West, 4,780.48 feet; 2) North 00 degrees 04 minutes Of, seconds West, 1,060.35 feet; 28 i 3) South 89 degrees 24 minutes 48 seconds West, 2,288.75 feet; 4) South 88 degrees 51 minutes 54 seconds West, 248.71 feet; 5) North 00 degrees 01 minutes 41 seconds East, 4,076.10 feet; 6) North 89 degrees 24 minutes 17 seconds East, 390.88 feet; 7) North 89 degrees 13 minutes 19 seconds East, 2,132.51 feet; 8) South 00 degrees 42 minutes 30 seconds East, 1,977.58 feet; 9) North 89 degrees 50 minutes 26 seconds East, 1,884.63 feet; 10) North 00 degrees 22 minutes 30 seconds West, 2,799.94 feet; 11) North 00 degrees 20 minutes 42 seconds West, 1,324.91 feet; -12) North 00 degrees 35 minutes 19 seconds West,,-465:52 feet,- 13) North 89 degrees 36 minutes 58 seconds East, 898.29 feet; 14) North 89 degrees 51 minutes M seconds East, 1,978.29 feet; 15) South 02 degrees 32 minutes 59 seconds East, 422.73 feet; 16) North 89 degrees 42 minutes 58 seconds East, 768.78 feet; Thence North 89 degrees 46 minutes 02 seconds East, a distance of 1,622.87 feet to a point for a comer and being the southwest comer of a certain described tract of land to Glena Dean Allen from Jo Ann Terry and Curtis Allen, being recorded in Volume 2331, Page 482, Deed Records, Denton County, Texas; Thence North 01 degrees 49 minutes 50 seconds West, along the west line of said Glens Dean Allen tract a distance of 1,773.1 feet;to a point for a comer on the south line of Farm to Market Road 2153; Thence North across Farm to Market Road 2153, a distance of 90 feet to a point for a comer on the north line of said Farm to Market Road 2153 said point also being the beginning of a curve to the left having a radius of 2,819.79 feet; Thence with said curve to the left and along the north line of said Farm to Market Road 2153 an arc distance of 216.08 feet, said curve has a chord bearing and distance of North 86 degrees 14 minutes 00 seconds East, 216.03 feet to a point for a comer; Thence North 84 degrees 02 minutes 17 seconds East, along the north line of said Farm to Market Road 2153 a distance of 44.97 feet to a point for a comer, said point also being the beginning of a curve to the right having a radius of 2,909.79 feet; Thence with said curve to the right and along the north line of said Farm to Market Road 2153 an arc distance of 335.34 feet, said curve has a chord bearing and distance of North 85 degrees 41 minutes 54 seconds East, 335.16 feet to a point for a comer; Thence North 89 degrees 00 minutes 00 seconds East, along the north line of said Farm to Market Road 2153 a distance of 1,239:80 feet to a point for a comer; Thence East a distance of 588 feet to a point for a comer on the west line of a called 20.092 acre tract described in the deed to Elias Argumaniz, being recorded under County Clerk's File Number 96-R0059083, Real Property Records, Denton County, Texas; 29 Thence North 02 degrees 19 minutes 00 seconds East, along the west line of said 20.092 acre tract a distance of 651 feet to a point for a comer, said point being the southwest comer of a called 6.8117 acre tract to Hilliard and Larry Joe McLoed, being recorded in Volume 1119, Page 94, Deed Records, Denton County, Texas; Thence North 00 degrees 40 minutes 51 seconds West, along the west line of said 6.8117 acre tract a distance of 239.33 feet to a point for a comer, said point being the northwest comer of said 6.8117 acre tract; Thence North 81degrees 05'minutes 03 seconds East along the north line of said 6.8117 acre tract a distance of 992.17 feet to a point for a comer being the northwest corner of the Lot 1, Block A, Ray Roberts Water Treatment Facility Addition, being recorded in Cabinet U, Page 104, Plat Records, Denton County, Texas; Thence North 80 degrees 33 minutes 33 seconds East, along the north line of said addition a distance of 994.48 feet to a point for a corner Thence North 80 degrees 29 minutes 05 seconds East, along the north line of said addition a distance of 970.07 feet to a point for a comer on the west line of Lake Ray Roberts Road; Thence South 01 degrees 04 minutes 41 seconds East, along the west line of said Lake Ray Roberts Road a distance of 598.52 feet to a point for a comer on the north line of the remainder tract of land described in the deed to Alfred G. Coulter and Grace Lena Coulter, being recorded in Volume 383, Page 552, Deed Records, Denton County, Texas; Thence South 00 degrees 30 minutes 58 seconds East, along the west line of said road a distance of 1633 feet to a point for a comer on the north line of Burger Road; Thence South, across said Burger Road a distance of 48 feet to a point for a comer on the south line of said road, Thence West, along the south line of said road a distance of 780 feet to a point for a comer and being on the east line of a called 91.08 acre tract described in the deed to the Kenneth Craver Family Trust, being recorded in Volume 1683, Page 649, Real Property Records, Denton County, Texas; Thence South, along the east line of said 91.08 acre tract a distance of 2,180 feet to a point for a comer being the southeast corner of said 91.08 acre tract; Thence West, along the south line of said 91.08 acre tract a distance of 851 feet to a point for a comer and being a southwest comer of said 91.08 acre tract and also being the southwest comer of a called 17.19 acre tract described in the deed to Mary Craver Denny from Henry William Denny, being recorded in Volume 2861, Page 588, Real Property Records, Denton County, Texas; 30 Thence South 89 degrees 35 minutes 00 seconds West, along the south line of said 17.19 acre tract a distance of 1,282.5 feet to a point for a comer on the east line of Farm to Market Road 2153; Thence South 01 degrees 52 minutes 00 seconds West, along the east line of said road a distance of 2,337.42 feet to a point for a comer Thence South 01 degrees 36 minutes 00 seconds East, along the east line of said road a distance of 2,548.01 feet to a point for a comer and the beginning of a curve to the right having -a radius of 5,774 feet, Thence along said curve to the right and along said road an are distance of 301.80 feet, and having a chord bearing and distance of South 01 degrees 41 minutes 51 seconds West, 301.77 feet to a point for a comer; Thence South, along the east line of said road a distance of 13.79 feet to a point for a comer and being the beginning of a curve to the left having a radius of 5,684 feet; Thence along said curve to the left and along the east line of said road an arc distance of 298.19 feet, and having a chord bearing and distance of South 00 degrees 05 minutes 49 seconds East, 298.16 feet to a point for a comer; Thence South 01 degrees 36 minutes 00 seconds East, along the east line of said road a distance of 3,245 feet to a point for a comer and being the beginning of a non-tangent curve to the left having a radius of 1,100.92 feet Thence along said curve to the left and along the east line of said road, an arc distance of 204.77 feet having a chord bearing and distance of South 06 degrees 55 minutes 37 seconds East a distance of 204.48 feet to a point for a comer; Thence West, over and across said FM 2153 to the north line of Shepard Road a distance of 1,458 feet to the POINT OF BEGINNING and containing in all approximately 2,376 acres of land. 31 NoA Wed SOCA 32 Exhibit A-3 DEI,u. ON NORTH ANNEXATION TRACT EXHIBIT "B" CITY OF DENTON ANNEXATION SERVICE PLAN FOR A05-0002 (North Denton Annexation) 1. AREA ANNEXED The Planning and Development Department is processing an involuntary annexation for approximately 5,800 acres of land generally located between the City's current northern city limits and Lake Ray Roberts along both sides of FM 2153 and FM 428 north of Hartlee Field Road in the northeastern area of the City of Denton Extraterritorial Jurisdiction (ETJ). IL INTRODUCTION This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended). Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City in accordance with the following plan. The City shall provide the annexed tract the levels of service, infrastructure, and infrastructure maintenance that are comparable to the levels of service, infrastructure, and infrastructure maintenance available in other parts of the city with similar topography, land use, and population density. III. AD VALOREM (PROPERTY OWNER) TAX SERVICES A. Police Protection, Code Enforcement, and Animal Control Police service, including patrolling, response to calls, and other routine functions, will be provided to the property upon the effective date of the annexation using existing personnel and equipment. Code enforcement and animal control services will also be provided to the property upon the effective date of the annexation. B. Fire Protection Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property upon the effective date of the annexation. The estimated emergency response time in this area is 10 minutes, which is similar to responses for surrounding properties within the city limits. The City of Denton will provide emergency medical services ("EMS"). D. Roads and Streets Roads and streets, which have been properly platted, duly dedicated, and accepted by the City of Denton and/or Denton County shall be maintained by the City of Denton on the effective date of the annexation. Installation and maintenance of street signs, street lighting and traffic control devices will be maintained by the City of Denton on the effective date of the annexation. 33 E. Parks and Recreation Facilities Parks and recreational facilities in the area to be annexed will begin upon the effective date of the annexation according to the 2000 Parks and Recreation Master Plan. No parks are currently located within the proposed annexation area. Denton neighborhood park facilities are located within reasonably close distance of the proposed annexation area. Residents of the proposed annexation area will be able to use existing City of Denton park and recreation facilities and programs. F. Library Services Library services will be made available on the effective date of the annexation on the same basis and at the same level as similar library facilities are maintained throughout the city. G. Building Inspections and Consumer Health Services Building inspections and consumer health services will be made available on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. Both services are provided on a "cost recovery" basis, and permit fees offset the costs of services delivered. Incomplete construction must obtain building permits from the Building Inspections Department of the City of Denton. H. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. The Planning and Development Department currently services this property by way of administration of the Development Code, concerning subdivision and land development regulations. City Council adopted The Denton Plan, the city's 1999-2020 comprehensive plan, by Ordinance 99-439 on December 7, 1999. The Future Land Use Plan addresses both land in the city and its ETJ, and the subject tracts contain Rural Areas, Existing Neighborhood/Infill Compatibility Areas, and Neighborhood Centers. The Denton Plan designates future land uses to manage the quality and quantity of growth by organizing the land use patterns, by matching land use intensity with available infrastructure, and by preserving floodplains as environmental and open space corridors. The Denton Plan will be used as a basis for final zoning classifications after the properties are annexed. 34 IV. UTILITY (RATEPAYER) SERVICES A. Solid Waste Collection The City of Denton is the exclusive residential and commercial Solid Waste service provider within Denton's city limits. The City Ordinance requires Solid Waste services for all residences and commercial businesses located in the City. The City of Denton Solid Waste Department is fully funded through the service fees charged, and receives no funding from city tax revenues. Solid waste refuse collection services will be provided to the newly annexed property immediately upon the effective date of the annexation. s All residential homeowners and commercial businesses should telephone the City of Denton Solid Waste Customer Service Department at 940-349-8787 to initiate service. Commercial customers are required to complete and submit a Service Agreement to Solid Waste Customer Service prior to receiving service. Residential Solid Waste Services Each residential address will be provided a 96-gallon wheeled refuse cart, which will be serviced one time per week. Residents are required to place their refuse cart(s) at the curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb for collection no earlier than 6:00 p.m. the evening prior to their collection day. Carts are to be removed from the curb no later than 6:00 a.m. on the day following their collection day. All refuse placed in the cart for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the cart with the lid closed will not be collected. Additional carts may be provided for an additional monthly charge. Weekly yard waste service is provided. Weekly curbside recycling services are provided by Trinity Waste Services. Contact Trinity at 1-800-766-17,58 to obtain curbside recycling information. Each residential customer's refuse cart service, curbside-recycling service, and yard waste service will occur on the same day each week. Please telephone Customer Service, 940-349-8787, to find out which day your refuse, yard waste, and recyclables will be collected. Commercial Refuse Service Each commercial business will be provided with a commercial container(s), which are available in a variety of sizes and frequencies of collection, based on the waste type and volume generated. All refuse placed in the container for collection must be bagged to eliminate wind blown debris and littering. Refuse that is not placed in the container with the lid closed will not be collected. Refuse placed outside the container is subject to code enforcement regulations, including potential fines. 35 Landfill Service The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For information regarding disposal charges, call the Landfill Office at 940-349-7510. B. Water/Wastewater Facilities a The annexation area is along the northeastern border of the City of Denton. Based on current data, there is a 54-inch waterline along FM 2153 and FM 428. The annexation property is located within Denton's wastewater Certificate of Convenience and Necessity (CCN), which is a utility service area permit authorizing a specified utility to be the retail service provider. The water CCN holders for the annexation property include the City of Denton, Bolivar Water Supply Corporation and Green Springs Water Supply Corporation. Currently, the area to be annexed is provided water service by Bolivar Water Supply Corporation, Greens Springs Water Supply Corporation or private water wells. Wastewater service is provided by individual private onsite wastewater systems (septic tanks and aerobic spray irrigation systems). A major City of Denton waterline exists within the annexation area. Water service is available from this, transmission pipeline at designated connection points that were designed into the pipeline. In so far as fire flows cannot be provided by other service providers, the City has the capacity to provide such services from existing waterlines, in conformance with standard extension regulations and rules at the initial expense of the property owners, subject to and consistent with the City's participation policies, Tex. Loc. Gov't Code Ch. 395, and the City's impact fee regulations. The southern part of the annexed area may be served by a major sewer collection main traversing the area east to west. The collection main has been designed to carry approximately 1 MGD and will connect to the City's existing treatment facilities by lift station. The City anticipates that construction of this facility will be completed within 16 months. This facility will serve property within the Milam Creek drainage basin. The City of Denton has current plans to construct a new wastewater treatment plant in the Clear Creek watershed to provide wastewater service to this portion of their wastewater CCN. The City has acquired a site for the treatment plant that lies within the annexed area. The City has obtained a wastewater discharge permit from the TCEQ for this facility and engineering on plant design is near completion. The project includes a major east-west wastewater collection interceptor that will serve a portion of the annexed area. The project funding is in place. Other than service provided by this interceptor, the city has no 36 information concerning the timing of proposed developments that will necessitate provision of such facilities in 2.5 years. The City thus shall provide a level of water and wastewater service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. However, upon receipt of information identifying the timing of proposed developments in the annexed area that cannot be served by the east-west collection main, the City will amend its service plan to provide for wastewater treatment and collection from the planned system facilities, so as to enable delivery of services to the proposed developments in accordance existing practice. Water and wastewater mains shall be extended as development occurs within the area in conformance with standard extension regulations and rules at the initial expense of the property owners, subject to and consistent with the City's participation policies, Tex. Loc. Gov't Code ch. 395, and the City's impact fee regulations. C. Drainage Services Drainage maintenance will be provided to the property upon the effective date of the annexation. The City shall provide a level of drainage services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the city with topography, land use, and population density similar to those reasonably contemplated or projected in the area. D. Electrical Services Denton Municipal Electric is not certified by the State to provide electric utility service to the annexation area beyond Elm Bottom Circle should a request be made by a property owner. ; V. OTHER SERVICES Other services that may be provided by the City,, such as municipal and general administration will be made available on the effective date of the annexation. The City shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the area. VI. CAPITAL IMPROVEMENTS PROGRAM (CIP) No new construction of additional water, sewer, street, and drainage facilities is contemplated within the annexed-area as a result of this annexation because the annexed area on the date of annexation will have a level of full municipal services equal to other areas within the City having similar characteristics of topography, land 37 use, and population density. Thus, no construction of public improvements is contemplated as a result of this annexation that would begin within two and a half (2 '/2) years after the effective date of the annexation. The City shall consider construction of other public improvements as the needs dictate on the same basis as such public improvements are considered throughout the City for areas having similar characteristics of topography, land use, and population density. VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VIII. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. IX. AMENDMENTS The service plan may be amended cif the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may, amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056 (Vernon Supp. 2000). 38