Bill Text: TX SB1877 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the creation of the Venable Ranch Municipal Utility District No. 1 of Denton County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1877 Detail]

Download: Texas-2013-SB1877-Enrolled.html

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S.B. No. 1877

AN ACT
relating to the creation of the Venable Ranch Municipal Utility
District No. 1 of Denton County; granting a limited power of eminent
domain; providing authority to issue bonds; providing authority to
impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8469 to read as follows:
CHAPTER 8469. VENABLE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
DENTON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8469.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Aubrey, Texas.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Director" means a board member.
(5) "District" means the Venable Ranch Municipal
Utility District No. 1 of Denton County.
Sec. 8469.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8469.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8469.004. CONSENT OF CITY REQUIRED. The temporary
directors may not hold an election under Section 8469.003 until:
(1) the city has consented by ordinance or resolution
to the creation of the district and to the inclusion of land in the
district; and
(2) the city and an owner or owners of land in the
district have entered into a development agreement under Section
212.172, Local Government Code.
Sec. 8469.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8469.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8469.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8469.052, directors serve
staggered four-year terms.
Sec. 8469.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2013, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8469.003; or
(2) September 1, 2017.
(c) If permanent directors have not been elected under
Section 8469.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8469.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8469.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8469.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8469.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8469.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8469.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8469.106. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8469.151 to authorize the issuance of bonds.
(f) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8469.003.
(i) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(j) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
Sec. 8469.107. FIREFIGHTING SERVICES. Notwithstanding
Section 49.351(a), Water Code, the district may, as authorized by
Section 59(f), Article XVI, Texas Constitution, and Section 49.351,
Water Code:
(1) establish, operate, and maintain a fire
department;
(2) contract with another political subdivision for
the joint operation of a fire department; or
(3) contract with any other person to perform
firefighting services in the district and may issue bonds and
impose taxes to pay for the department and the activities.
Sec. 8469.108. FEES AND CHARGES. (a) The district may
adopt and enforce all necessary charges, mandatory fees, or
rentals, in addition to taxes, for providing or making available
any district facility or service, including firefighting
activities provided under Section 8469.107.
(b) To enforce payment of an unpaid fee or charge due to the
district, on the request of the district, a retail public utility,
as defined by Section 13.002, Water Code, providing water or sewer
service to a customer in the district shall terminate the service.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8469.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8469.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8469.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8469.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8469.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8469.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8469.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8469.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SUBCHAPTER F. ANNEXATION BY CITY
Sec. 8469.251. EFFECT OF ANNEXATION BY CITY.
(a) Notwithstanding any other law, if all of the territory of the
district is annexed by the city into the corporate limits of the
city before the date of the election held to confirm the creation of
the district and the district is confirmed at that election, the
district may not be dissolved and continues in existence following
annexation until:
(1) water, sanitary sewer, and drainage improvements
and roads have been constructed to serve at least 90 percent of the
territory of the district capable of development; or
(2) the board adopts a resolution consenting to the
dissolution of the district.
(b) After annexation by the city:
(1) the district may not impose an ad valorem tax;
(2) the district may impose a special assessment in
the manner provided by Subchapter F, Chapter 375, Local Government
Code; and
(3) Section 375.161, Local Government Code, does not
apply to the district.
SECTION 2. The Venable Ranch Municipal Utility District
No. 1 of Denton County initially includes all the territory
contained in the following area:
VENABLE PROPERTY DESCRIPTION:
TRACT 1
Being a tract of land situated in the George Smith Survey, Abstract
No. 1219, the S. Williams Survey, Abstract No. 1333, the M. McBride
Survey, Abstract No. 804, the N. McMillan Survey, Abstract No. 841,
the J. Cantwell Survey, Abstract No. 282, the T. Chambers Survey,
Abstract No. 223, the J. Moses Survey, Abstract No. 894, the J.
Wells Survey, Abstract No. 1426, the J. Wilburn Survey, Abstract
No. 1427, and the W. Boydston Survey, Abstract No. 117, Denton
County, Texas and being all of the following tracts of land conveyed
to Venable Royalty, LTD.; a called 10.69 acre tract by deed recorded
in Volume 5128, Page 563 of the Real Property Records of Denton
County, Texas (R.P.R.D.C.T.); a called 11.00 acre tract by deed
recorded in Volume 5144, Page 2973, R.P.R.D.C.T.; a called a called
29.089 acre tract by deed recorded in Volume 4077, Page 1372,
R.P.R.D.C.T.; a called 27.20 acre tract by deed recorded in Volume
5076, Page 822, R.P.R.D.C.T. (50% interest); a called 54.08 acre
tract by deed recorded in Volume 4867, Page 3255, R.P.R.D.C.T.; a
called 7.000 acre tract, called Parcel One, Tract I, a called 0.228
acre tract, called Parcel One, Tract II, and a called 14.586 acre
tract, called Parcel Two by deed recorded in Volume 4506, Page 1340
of the Deed Records of Denton County, Texas (D.R.D.C.T.); all of
Lots 16 and 17 of Scenic Acres by deed recorded in Volume 4399, Page
1845, R.P.R.D.C.T., said Scenic Acres being an addition to Denton
County, Texas according to the plat recorded in Cabinet B, Page 379
of the Map Records of Denton County, Texas (M.R.D.C.T.); all of the
following tracts of land conveyed to Venable Estate, LTD.; a called
4.02 acre tract by deed recorded in Instrument No. 2008-41088 of the
Official Records of Denton County, Texas (O.R.D.C.T.); a called
27.20 acre tract by deed recorded in Instrument No. 2004-101157,
O.R.D.C.T. (50% interest); all of the following recorded in
Instrument No. 2005-43578, O.R.D.C.T.; of Exhibit "A-1"; a called
48.9 acre tract, called First Tract; a called 70 acre tract, called
Second Tract; a called 40 acre tract, called Third Tract; a called
30 acre tract, called Fourth Tract; a called 70.80 acre tract,
called Fifth Tract; a called 70.62 acre tract, called Sixth Tract; a
called 53.83 acre tract, called Seventh Tract; a called 88 acre
tract, called Eighth Tract; a called 40 acre tract, called Ninth
Tract; a called 40 acre tract, called Tenth Tract; a called 54 acre
tract, called Eleventh Tract; a called 63 acre tract, called
Twelfth Tract; a called 55 acre tract, called Thirteenth Tract; a
called 50 acre tract, called Fourteenth Tract; a called 3 acre
tract, called Fifteenth Tract; a called 6 acre tract, called
Sixteenth Tract; a called 100 acre tract, called Seventeenth Tract;
a called 58 acre tract, called Eighteenth Tract; a called 29.37 acre
tract, called Nineteenth Tract; the remainder of a called 20 acre
tract, called Twentieth Tract; a called 80 acre tract, called
Twenty-First Tract; a called 3.5 acre tract, called Twenty-Second
Tract; a called 114.8 acre tract, called Twenty-Third Tract; a
called 412 acre tract, called Twenty-Fourth Tract; a called 40 acre
tract, called Twenty-Fifth Tract; a called 40 acre tract, called
Twenty-Sixth Tract; a called 65.93 acre tract, called
Twenty-Seventh Tract; of Exhibit "A-2"; First Tract; Second Tract;
and a called 118.3 acre tract, called Third Tract; all of Exhibit
"A-3", called 24 acres; all of Exhibit "A-6", called 70 acres; of
Exhibit "A-7"; a called 63 acre tract, called First Tract; and a
called 80 acre tract, called Second Tract; and all of Exhibit "A-8",
called 54.089 acres, and being more particularly described as
follows:
BEGINNING at a 1/2 inch iron rod found for the northeast corner of
said Venable 10.69 acre tract, said corner being in the west line of
the Texas and Pacific Railway Company right-of-way (80 foot wide
right-of-way);
THENCE along the west line of said Texas and Pacific Railway Company
right-of-way the following courses and distances:
South 07°41'12" West, a distance of 3421.85 feet to the
beginning of a tangent curve to the right;
Southwesterly along said tangent curve to the right having a
central angle of 18°23'37", a radius of 5679.58 feet, a chord
bearing of South 16°53'01" West, a chord distance of 1815.49 feet,
and an arc length of 1823.31 feet to a point at the end of said
curve;
South 26°04'49" West, a distance of 3713.98 feet to the
southeast corner of said Venable Exhibit "A-1" Twenty-Fourth Tract,
said point being in the approximate centerline of Black Jack Road;
THENCE with the approximate centerline of Black Jack Road and along
the south lines of said Venable Exhibit "A-1" Twenty-Fourth Tract
and Twentieth Tract, the following courses and distances:
North 89°23'03" West, passing at a distance of 88.61 feet the
northeast corner of Quail Ridge Estates, an addition to the City of
Aubrey, Texas according to the plat recorded in Cabinet T, Page 40,
M.R.D.C.T., and continuing for a total distance of 1122.68 feet to
the most northerly northwest corner of said Quail Ridge Estates;
North 89°59'13" West, a distance of 2643.79 feet to the
northwest corner of a called 15.000 acre tract of land, called Tract
Eight, conveyed to Old south Royalty Company by deed recorded in
Volume 2138, Page 809, R.P.R.D.C.T. and the northeast corner of a
called 15.28 Acre tract of land conveyed to Robert A. Foster and
Etta J. Luongo, by deed recorded in Document No. 2007-88559,
O.R.D.C.T.;
South 89°49'29" West, passing at a distance of 39.40 feet a
mag nail found, and continuing for a total distance of 368.29 feet
to the southwest corner of said Venable Exhibit "A-1" Twentieth
Tract, said point being in the west line of Wilson Cemetery Road;
THENCE North 01°18'58" West, along the west line of said Venable
Exhibit "A-1" Twentieth Tract and the west line of said Wilson
Cemetery Road, passing at a distance of 8.98 feet a mag nail found
for the southeast corner of a called 25.196 acre tract of land
conveyed to Russell W. Streng and Truly W. Streng, by deed recorded
in Volume 4326, Page 1990, R.P.R.D.C.T., and continuing along said
west lines and the east line of said 25.196 acre tract for a total
distance of 224.04 feet to a point in a fence line at the southerly
corner of a called 0.100 acre tract of land conveyed to Russell W.
Streng and Truly W. Streng by deed recorded in Document No.
2012-53458, O.R.D.C.T.;
THENCE North 00°08'42" West, with said fence line along the west
line of said Wilson Cemetery Road, and along the east line of said
0.100 acre tract, a distance of 653.39 feet to the northeast corner
of said 0.100 acre tract and the southeast corner of a called 0.422
acre tract of land conveyed to Rodney Ivan Streng and Judith Ann
Streng, Trustees, or Their Successor Trustees Under The Rodney I.
Streng and Judith A. Streng Living Trust, by deed recorded in
Document No. 2012-53328, O.R.D.C.T.;
THENCE continuing along said fence line along the west line of said
Wilson Cemetery Road, and along the east line of said 0.422 acre
tract, the following courses and distances:
North 00°10'08" West, a distance of 816.15 feet to a point for
corner;
North 15°07'16" West, a distance of 23.99 feet to a point for
corner;
North 54°47'59" West, a distance of 29.83 feet to the most
northerly corner of said 0.422 acre tract, said point being in the
west line of said Venable Exhibit "A-1" Twentieth Tract and east
line of a called 25.196 acre tract of land conveyed to Rodney I.
Streng and Judith A. Streng Family Trust, by deed recorded in
Instrument Number 2010-59229, O.R.D.C.T.;
THENCE North 01°18'58" West, a distance of 12.03 feet to a mag nail
found for the northwest corner of said Venable Exhibit "A-1
Twentieth Tract and the northeast corner of said Streng Family
Trust 25.196 acre tract, said corner being in the south line of said
Venable Exhibit "A-1" Eighth Tract;
THENCE North 89°45'07" West, with said Wilson Cemetery Road, and
along the south line of said Venable Exhibit "A-1" Eighth Tract and
the north line of said Streng Family Trust 25.196 acre tract, a
distance of 1254.71 feet to a 1/2 inch iron rod found for the
southwest corner of said Venable Exhibit "A-1" Eighth Tract and the
northwest corner of said Streng Family Trust 25.196 acre tract,
said corner being in the east line of a called 5.30 acre tract of
land, called Tract Three, conveyed to Cedars Development, Inc. by
deed recorded in Instrument Number 2011-95252, O.R.D.C.T.;
THENCE North 01°20'47" West, with said Wilson Cemetery Road, and
along the west line of said Venable Exhibit "A-1" Eighth Tract and
the east line of said 5.30 acre tract, a distance of 573.91 feet to a
1/2 inch iron rod found for the northeast corner of said 5.30 acre
tract and the southeast corner of said Venable Exhibit "A-1"
Fourteenth Tract, said corner being at the intersection of Wilson
Cemetery Road with Grubbs Road;
THENCE North 88°33'37" West, with said Grubbs Road, and along the
south lines of said Venable Exhibit "A-1" Fourteenth Tract and
Fifteenth Tract, a distance of 1429.54 feet to a mag nail found for
the southwest corner of said Venable Exhibit "A-1" Fifteenth Tract,
and the southeast corner of a called 0.743 acre tract of land,
called Tract One, conveyed to Old South Royalty Company by deed
recorded in Volume 2138, Page 809, R.P.R.D.C.T.;
THENCE North 00°16'29" East, along the west line of said Venable
Exhibit "A-1" Fifteenth Tract and the east line of said 0.743 acre
tract, passing at a distance of 1078.75 feet the northeast corner of
said 0.743 acre tract and the most southerly southeast corner of a
called 352.393 acre tract of land, called Tract Three, conveyed to
Old South Royalty Company by deed recorded in Volume 2138, Page 809,
R.P.R.D.C.T., and continuing along said west line and the east line
of said 352.393 acre tract, for a total distance of 2079.16 feet to
a 1/2 inch iron rod with plastic cap stamped "J E Smith 3700" found
for the northwest corner of said Venable Exhibit "A-1" Fifteenth
Tract and an ell corner of said 352.393 acre tract;
THENCE South 89°57'36" East, along the north line of said Venable
Exhibit "A-1" Fifteenth Tract and a south line of said 352.393 acre
tract, a distance of 69.55 feet to a 1/2 inch iron rod with plastic
cap stamped "J E Smith 3700" found for the northeast corner of said
Venable Exhibit "A-1" Fifteenth Tract, the northwest corner of said
Venable Exhibit "A-1" Fourteenth Tract, the southwest corner of
said Venable Exhibit "A-1" Twelfth Tract, and the most easterly
southeast corner of said 352.393 acre tract;
THENCE North 00°07'55" West, along the west line of said Venable
Exhibit "A-1" Twelfth Tract and the east line of said 352.393 acre
tract, a distance of 1866.24 feet to a 1/2 inch iron rod with
plastic cap stamped "J E Smith 3700" found for the northeast corner
of said 352.393 acre tract and the southeast corner of said Venable
Exhibit "A-1" Nineteenth Tract;
THENCE along the south line of said Venable Exhibit "A-1"
Nineteenth Tract and the north line of said 352.393 acre tract the
following courses and distances:
South 84°01'58" West, a distance of 569.60 feet to a point for
corner;
South 89°43'26" West, a distance of 841.22 feet to a 1/2 inch
iron rod with plastic cap stamped "J E Smith 3700" found for the
corner;
South 51°33'10" West, a distance of 179.90 feet to a 1/2 inch
iron rod with plastic cap stamped "J E Smith 3700" found for corner;
South 87°42'24" West, a distance of 225.93 feet to a 1/2 inch
iron rod with plastic cap stamped "J E Smith 3700" found for corner;
South 62°36'29" West, a distance of 502.48 feet to a 1/2 inch
iron rod with plastic cap stamped "J E Smith 3700" found the
southwest corner of said Venable Exhibit "A-1" Nineteenth Tract and
the southeast corner of said Venable Exhibit "A-1" Fifth Tract;
THENCE North 89°55'15" West, continuing along the north line of said
352.393 acre tract and the south lines of said Venable Exhibit "A-1"
Fifth Tract and Seventh Tract, passing at a distance of 4118.63 feet
a Corps. of Engineers concrete monument with brass disk found for
the northeast corner of Tract No. 2512E, conveyed to the United
States of America by deed recorded in County Clerk's File No.
95-R0068092, D.R.D.C.T., and continuing along the south line of
said Venable Exhibit "A-1" Seventh Tract and the north line of said
Tract No. 2512E, for a total distance of 4768.62 feet to a 5/8 inch
iron rod found for the northwest corner of said Tract No. 2512E,
said corner being in the east line of Tract No. 2512, conveyed to
the United States of America by deed recorded in County Clerk's File
No. 95-R0068092, D.R.D.C.T.;
THENCE North 14°20'32" East, along the east line of said Tract No.
2512, a distance of 116.96 feet to a 5/8 inch iron rod found for the
northeast corner of said Tract No. 2512;
THENCE South 89°21'47" West, along the north line of said Tract No.
2512, passing at a distance of 63.04 feet the northwest corner of
said Tract No. 2512 and a northeast corner of Tract No. 2510,
conveyed to the United States of America by deed recorded in County
Clerk's File No. 97-R0083048, D.R.D.C.T., and continuing along a
north line of said Tract No. 2510, for a total distance of 325.98
feet to a 5/8 inch iron rod found for an ell corner of said Tract No.
2510, said corner being in the west line of said Venable Exhibit
"A-1" Sixth Tract and the east line of a called 2.73 acre tract of
land conveyed to Venable Estate, LTD., by deed recorded in
Instrument No. 2005-43578, O.R.D.C.T.;
THENCE North 00°37'33" West, along the east lines of said Tract No.
2510 and said Venable Exhibit "A-4", 2.73 acre tract and the west
line of said Venable Exhibit "A-1" Sixth Tract, a distance of
2548.77 feet to a Corps. of Engineers concrete monument with brass
disk found for the northeast corners of said Tract No. 2510 and said
Venable Exhibit "A-4", 2.73 acre tract, the Northwest corner of
said Venable Exhibit "A-1" Sixth Tract, the southwest corner of
said Venable Exhibit "A-1" Fourth Tract, and the southeast corner
of a called 331.388 acre tract of land conveyed to Robert G. McGraw
and Helen McGraw, by deed recorded in County Clerk's File No.
97-R0089771, D.R.D.C.T.;
THENCE North 00°44'14" West, along the west line of said Venable
Exhibit "A-1" Fourth Tract and the east line of said 331.388 acre
tract, a distance of 750.63 feet to a Corps. of Engineers concrete
monument with brass disk found for the northwest corner of said
Venable Exhibit "A-1" Fourth Tract and a northeast corner of said
331.388 acre tract, being in the south line of a called 119.83 acre
tract of land conveyed to Helen McGraw, by deed recorded in Volume
4407, Page 1179, R.P.R.D.C.T.;
THENCE South 89°47'07" East, along the north lines of said Venable
Exhibit "A-1" Fourth Tract and Third Tract, and the south line of
said 119.83 acre tract, a distance of 1787.66 feet to a 1/2 inch
iron rod found for a southeast corner of said 119.83 acre tract and
the southwest corner of said Venable Parcel Two, 14.586 acre tract,
said corner being in the approximate centerline of McKinney Bridge
Road;
THENCE with the approximate centerline of McKinney Bridge Road, and
with the northwesterly line of said Venable Parcel Two, 14.586 acre
tract, and the southeasterly line of said 119.83 acre tract, the
following courses and distances:
North 67°10'55" East, a distance of 1377.39 feet to a 1/2 inch
iron rod found for corner;
North 36°16'40" East, a distance of 261.33 feet to a 1/2 inch
iron rod with yellow plastic cap stamped "THROUGH CAP" found for
corner;
North 49°01'29" East, passing at a distance of 270.75 feet a
1/2 inch iron rod found, and continuing for a total distance of
273.58 feet to the most northerly corner of said Venable Parcel Two,
14.586 acre tract, and the most easterly southeast corner of said
119.83 acre tract, said corner being in the west line of the
aforesaid Scenic Acres;
THENCE South 00°22'24" West, along the east line of said Venable
Parcel Two, 14.586 acre tract, and the west line of said Scenic
Acres, a distance of 714.48 feet to the northwest corner of Lot 17
of said Scenic Acres;
THENCE South 89°37'31" East, along the north line of said Lot 17, a
distance of 206.82 feet to the most northerly northeast corner of
said Lot 17, said corner being in a 60 foot radius cul-de-sac
right-of-way line of Scenic Drive and being at the beginning of a
non-tangent curve to the left;
THENCE, southeasterly along said cul-de-sac right-of-way line and
with said non-tangent curve to the left having a central angle of
165°08'50", a radius of 60.00 feet, a chord bearing of South
82°18'25" East, a chord distance of 118.99 feet, passing at an arc
length of 72.26 feet the most easterly northeast corner of said Lot
17 and the most westerly northwest corner of Lot 16 of said Scenic
Acres, and continuing for a total arc length of 172.94 feet to the
most easterly northwest corner of said Lot 16, being in the south
right-of-way line of Scenic Drive (a 60 foot wide right-of-way);
THENCE North 74°55'19" East, along the south right-of-way line of
said Scenic Drive, a distance of 18.10 feet to the northeast corner
of said Lot 16;
THENCE South 05°05'59" West, along the east line of said Lot 16, a
distance of 422.16 feet to the southeast corner of said Lot 16, said
corner being in the south line of said Scenic Acres and the north
line of said Venable Exhibit "A-1" Third Tract;
THENCE South 89°37'50" East, along the south line of said Scenic
Acres and the north lines of said Venable Exhibit "A-1" Third Tract
and Second Tract, a distance of 667.01 feet to a 1/2 inch iron rod
found for the southeast corner of said Scenic Acres and the
southwest corner of a called 39.04 acre tract of land conveyed to
Pete Kenny, by deed recorded in Instrument No. 2010-28786,
O.R.D.C.T.;
THENCE North 89°55'56" East, along the north lines of said Venable
Exhibit "A-1" Second Tract and Seventeenth Tract, and the south
line of said 39.04 acre tract, a distance of 958.70 feet to a wood
corner post found for the southeast corner of said 39.04 acre tract
and an ell corner of said Venable Exhibit "A-1" Seventeenth Tract;
THENCE North 00°47'57" West, along the east line of said 39.04 acre
tract and the west lines of said Venable Exhibit "A-1" Seventeenth
Tract and Venable Exhibit "A-7" First Tract, a distance of 1748.72
feet to a 1/2 inch iron rod found for the northeast corner of said
39.04 acre tract and the southeast corner of said Venable Parcel
One, Tract I, 7.000 acre tract;
THENCE South 89°17'34" West, along the south line of said Venable
Parcel One, Tract I, and the north line of said 39.04 acre tract, a
distance of 72.46 feet to a 1/2 inch iron rod found for the
southwest corner of said Venable Parcel One, Tract I, and the
southeast corner of a called 7.000 acre tract of land conveyed to
Ronald G. Johnson and Wife, Hester L. Johnson, by deed recorded in
Volume 1191, Page 694, D.R.D.C.T.;
THENCE North 52°27'48" West, along the southwesterly line of said
Venable Parcel One, Tract I and the northeasterly line of said
Johnson 7.000 acre tract, a distance of 989.37 feet to the northwest
corner of said Venable Parcel One, Tract I, the southwest corner of
said Venable Parcel One, Tract II, 0.228 acre tract, the northeast
corner of said Johnson 7.000 acre tract, and the southeast corner of
a called 0.110 acre tract of land conveyed to Ronald G. Johsnon et
ux, Hester L. Johnson, by deed recorded in Volume 1197, Page 860,
D.R.D.C.T.;
THENCE North 04°02'10" West, along the west line of said Venable
Parcel One, Tract II and the east line of said 0.110 acre tract, a
distance of 104.40 feet to the northwest corner of said Venable
Parcel One, Tract II and the northeast corner of said 0.110 acre
tract, said point being in the approximate centerline of McKinney
Bridge Road;
THENCE with the approximate centerline of said McKinney Bridge
Road, and along the northwesterly line of said Venable Parcel One,
Tract II the following courses and distances:
North 39°51'20" East, a distance of 56.10 feet to a point for
corner;
North 20°28'10" East, a distance of 132.92 feet to the
northeast corner of said Venable Parcel One, Tract II, said corner
being in the west line of a called 103.4117 acre tract of land
conveyed to E E Ranches of Texas, Inc., by deed recorded in Volume
2256, Page 840, R.P.R.D.C.T.;
THENCE South 00°18'17" East, along the east line of said Venable
Parcel One, Tract II and the west line of said 103.4117 acre tract,
a distance of 266.23 feet to the southeast corner of said Venable
Parcel One, Tract II and the most westerly southwest corner of said
103.4117 acre tract, said point being in the north line of said
Venable Parcel One, Tract I;
THENCE North 85°40'16" East, along the north line of said Venable
Parcel One, Tract I and a south line of said 103.4117 acre tract, a
distance of 774.60 feet to a concrete monument found for the
northeast corner of said Venable Parcel One, Tract I and an ell
corner of said 103.4117 acre tract;
THENCE South 00°41'49" East, along the east line of said Venable
Parcel One, Tract I and a west line of said 103.4117 acre tract, a
distance of 427.62 feet to the northwest corner of said Venable
Exhibit "A-7" First Tract and the most southerly southwest corner
of said 103.4117 acre tract;
THENCE North 89°37'44" East, along the north line of said Venable
Exhibit "A-7" First Tract and the south line of said 103.4117 acre
tract, passing at a distance of 25.00 a concrete monument found, and
continuing for a total distance of 1995.90 feet to a concrete
monument found for the northeast corner of said Venable Exhibit
"A-7" First Tract and the southeast corner of said 103.4117 acre
tract, said corner being in the west line of said Venable Exhibit
"A-7" Second Tract;
THENCE North 00°17'05" East, along the west line of said Venable
Exhibit "A-7" Second Tract and the east line of said 103.4117 acre
tract, a distance of 788.98 feet to a wood corner post found for the
northwest corner of said Venable Exhibit "A-7" Second Tract and an
ell corner of said 103.4117 acre tract;
THENCE South 89°29'26" East, along the north line of said Venable
Exhibit "A-7" Second Tract and a south line of said 103.4117 acre
tract, passing at a distance of 99.73 feet a wood corner post found
for the most easterly southeast corner of said 103.4117 acre tract
and the southwest corner of a called 51.9010 acre tract of land
conveyed to Helen K. McGraw, by deed recorded in County Clerk's File
No. 94-R0085683, D.R.D.C.T., and continuing along said north line
and the south line of said 51.9010 acre tract, for a total distance
of 1357.89 feet to a 1/2 inch iron rod found for the northeast
corner of said Venable Exhibit "A-7" Second Tract, the northwest
corner of said Venable Exhibit "A-1" Ninth Tract, the southeast
corner of said 51.9010 acre tract, and the southwest corner of Lot
28 of Yellow Rose Estates Subdivision, an addition to Denton
County, Texas according to the plat recorded in Cabinet L, Page 177,
M.R.D.C.T.;
THENCE South 88°46'23" East, along the north line of said Venable
Exhibit "A-1" Ninth Tract and the south line of said Yellow Rose
Estates Subdivision, a distance of 1323.42 feet to a 1/2 inch iron
rod found for the northeast corner of said Venable Exhibit "A-1"
Ninth Tract and the northwest corner of Lot 10 of St. John's Place,
an addition to Denton County, Texas according to the plat recorded
in Cabinet L, Page 119, M.R.D.C.T.;
THENCE South 00°48'05" West, along the east line of said Venable
Exhibit "A-1" Ninth Tract and the west line of said St. John's
Place, a distance of 1315.38 feet to a 1/2 inch iron rod found for
the southeast corner of said Venable Exhibit "A-1" Ninth Tract, the
northeast corner of said Venable Exhibit "A-1" Tenth Tract, the
northwest corner of said Venable Exhibit "A-1" Twenty-Fifth Tract,
and the southwest corner of Lot 9 of said St. John's Place;
THENCE South 88°50'34" East, along the north line of said Venable
Exhibit "A-1" Twenty-Fifth Tract and the south line of said St.
John's Place, a distance of 978.68 feet to metal corner post found
for the southeast corner of Lot 8 of said St. John's Place, and the
southwest corner of a called 129.223 acre tract of land conveyed to
Texas Motor Speedway, Inc. d/b/a Texas International Raceways, by
deed recorded in County Clerk's File No. 96-R0079309, D.R.D.C.T.;
THENCE South 88°46'04" East, along the north lines of said Venable
Exhibit "A-1" Twenty-Fifth Tract and Twenty-Sixth Tract and the
south line of said 129.223 acre tract, a distance of 1653.96 feet to
a metal corner post found for the northeast corner of said Venable
Exhibit "A-1" Twenty-Sixth Tract and the southeast corner of said
129.223 acre tract, said corner being in the west line of a called
71.114 acre tract of land, File No. F0072.00, conveyed to The Rudman
Partnership, by deed recorded in Volume 2844, Page 42,
R.P.R.D.C.T.;
THENCE South 01°46'53" West, along the east line of said Venable
Exhibit "A-1" Twenty-Sixth Tract and the west line of said 71.114
acre tract, passing at a distance of 789.91 feet a 1/2 inch iron rod
found for the southwest corner of said 71.114 acre tract and the
northwest corner of a called 61.36 acre tract of land conveyed to
Michelle Lynette Roberts, by deed recorded in Instrument No.
2008-40245, O.R.D.C.T., and continuing along said east line and the
west line of said 61.36 acre tract, for a total distance of 1296.74
feet to a wood corner post found for the southeast corner of said
Venable Exhibit "A-1" Twenty-Sixth Tract and the most westerly
southwest corner of said 61.36 acre tract, said corner being in the
north line of said Venable Exhibit "A-2" Third Tract;
THENCE along the north line of said Venable Exhibit "A-2" Third
Tract and the south line of said 61.36 acre tract, the following
courses and distances:
North 89°02'25" East, a distance of 1193.53 feet to a wood
corner post found for corner;
South 03°32'32" West, a distance of 565.50 feet to a wood
corner post found for corner;
South 85°40'05" East, passing at a distance of 1460.68 feet a
wood corner post found fort the most northerly northeast corner of
said Venable Exhibit "A-2" Third Tract, the northwest corner of
said Venable Exhibit "A-3", 24 acre tract, the most southerly
southeast corner of said 61.36 acre tract, and the most westerly
southwest corner of a called 18.78 acre tract of land conveyed to
Zandra Bean, by deed recorded in Volume 4229, Page 2901,
R.P.R.D.C.T., and continuing along the south line of said 18.78
acre tract for a total distance of 1552.99 feet to a wood corner
post found for and ell corner of said 18.78 acre tract;
THENCE South 02°38'27" West, along a west line of said 18.78 acre
tract, a distance of 210.21 feet to a wood corner post found for the
most southerly southwest corner of said 18.78 acre tract;
THENCE South 87°34'17" East, along the south line of said 18.78 acre
tract, a distance of 925.13 feet to a 5/8 inch iron rod found for the
southeast corner of said 18.78 acre tract, said corner being in the
west line of said Venable 10.69 acre tract, and being in the
approximate centerline of Massey Road;
THENCE North 04°51'52" East, with the approximate centerline of said
Massey Road, and along the west line of said Venable 10.69 acre
tract and east line of said 18.78 acre tract, a distance of 228.51
feet to the northwest corner of said Venable 10.69 acre tract, from
which a 1/2 inch iron rod found bears North 87°55'27" West a distance
of 6.38 feet;
THENCE South 87°55'27" East, along the north line of said Venable
10.69 acre tract, passing at a distance of 24.76 feet a 1/2 inch
iron rod found in the east line of said Massey Road, and continuing
for a total distance of 526.66 feet to the POINT OF BEGINNING and
containing 2521.094 acres or 109,818,863 square feet of land, more
or less.
SAVE AND EXCEPT THE FOLLOWING TRACTS A, B, and C:
TRACT A
Being a tract of land situated in the J. Moses Survey, Abstract No.
894 and the N. McMillan Survey, Abstract No. 841, Denton County,
Texas, and consisting of the following; those tracts of land
conveyed to Patricia Ann Harmon Brockett, a 105 foot by 210 foot
tract, called Tract 1, a called 27.20 acre tract, called Tract 2,
and a called 26.23 acre tract, called Tract 3, by deed recorded in
Instrument No. 2011-9037, O.R.D.C.T.; a called 27.20 acre tract of
land conveyed to Willie Pearlene Harmon Johnson by deed recorded in
Volume 5033, Page 3166, R.P.R.D.C.T.; a called 0.5 acre tract of
land conveyed to J. R. Johnson and wife, Pearlene Johnson by deed
recorded in Volume 400, Page 32, D.R.D.C.T.; a called 1.000 acre
tract of land conveyed to Pearlene Johnson, et ux by deed recorded
in Volume 794, Page 219, D.R.D.C.T.; a called 1.001 acre tract of
land conveyed in deed to J.S. Dubose and/or Lee J. Brookshire, Jr.,
Trustees, by deed recorded in Volume 2015, Page 147, R.P.R.D.C.T.;
a called 3.046 acre tract of land conveyed to Tracy Glenn Henderson
and Linda Gail Henderson by deed recorded in Volume 4897, Page 3357,
R.P.R.D.C.T.; a called 1.001 acre tract of land conveyed to Michael
J. Behrend by deed recorded in Volume 3016, Page 596, R.P.R.D.C.T.;
a called 5.061 acre tract of land conveyed to Michael Jon Behrend by
deed recorded in County Clerk's File No. 94-R0003414, D.R.D.C.T.; a
called 1.000 acre tract of land conveyed to Brad Hines and Margaret
Hines by deed recorded in Volume 4991, Page 695, R.P.R.D.C.T.; the
remainder of a called 29.553 acre tract of land conveyed to L.Z.
Harmon, Sr., by deed recorded in Volume 5033, Page 3143,
R.P.R.D.C.T.; a called 2.116 acre tract of land conveyed to Wade
Franklin Lewis and Harry Lou Lewis, husband and wife, by deed
recorded in County Clerk's File No. 94-R008814, D.R.D.C.T.; a
called 1.000 acre tract of land, called Tract 1 and a called 1.00
acre tract of land, called Tract 2, conveyed to Brad Hines and Wife,
Margaret Hines, by deed recorded in Volume 4401, Page 1042,
R.P.R.D.C.T.; a called 1.000 acre tract of land conveyed to Hugo E.
Richter, Jr. and Wife, Jolene J., by deed recorded in Volume 733,
Page 574, D.R.D.C.T.; a called 1.01 acre tract of land conveyed to
Carol Puckett by deed recorded in Instrument No. 2007-96075,
R.P.R.D.C.T.; a called 0.724 acre tract of land conveyed to Marcus
Wayne Pierce, et ux, by deed recorded in Instrument No.
2004-104661, O.R.D.C.T.; a tract of land conveyed to Kenneth W.
Wilson and Wife, Carolyn Wilson by deed recorded in Volume 4873,
Page 2682, R.P.R.D.C.T.; a called 3.00 acre tract of land conveyed
to George Wayne Pierce and Wife, Sue Pierce by deed recorded in
Volume 719, Page 602, D.R.D.C.T.; a called 1.269 acre tract of land
conveyed to Kenneth W. Wilson and Wife, Carolyn Wilson by deed
recorded in Document No. 2011-95837, O.R.D.C.T.; and a called 0.254
acre tract of land conveyed to Black Rock Water Supply Corporation
by deed recorded in Volume 1788, Page 989, R.P.R.D.C.T., and being
more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with yellow plastic cap stamped "H &
N 1849" found for the northwest corner of said 27.20 acre Patricia
Ann Harmon Brockett tract, called Tract 2, and the southwest corner
of the above mentioned 27.20 acre tract of land conveyed to Venable
Roaylty, Ltd., by deed recorded in Volume 5076, Page 822,
R.P.R.D.C.T. and to Venable Estate, Ltd., by deed recorded in
Instrument No. 2004-101157, O.R.D.C.T., said corner being in the
east line of the above mentioned Venable Exhibit "A-1" Twenty-First
Tract;
THENCE North 89°20'09" East, a distance of 1045.44 feet to a 1/2 inch
iron rod with yellow plastic cap stamped "H & N 1849" found for the
southeast corner of said Venable 27.20 acre tract, said corner
being in the west line of said 26.23 acre Patricia Ann Harmon
Brockett tract, called Tract 3;
THENCE North 0°38'15" West, along the east line of said Venable
27.20 acre tract and the west line of said 26.23 acre tract, a
distance of 1112.40 feet to the northeast corner of said Venable
27.20 acre tract and northwest corner of said 26.23 acre tract, said
corner being in the south line of the above mentioned Venable
Exhibit "A-8", 54.089 acre tract, being the same as the above
mentioned Venable 54.08 acre tract recorded in Volume 4867, Page
3255, R.P.R.D.C.T.;
THENCE South 88°18'52" East, along the south line of said Venable
Exhibit "A-8", 54.089 acre tract and the north line of said 26.23
acre tract, a distance of 907.17 feet to the southeast corner of
said Venable Exhibit "A-8", 54.089 acre tract and the northeast
corner of said 26.23 acre tract, said corner being in the west line
of the above mentioned Venable Exhibit "A-2" Second Tract;
THENCE South 0°33'39" West, along the west line of said Venable
Exhibit "A-2" Second Tract and the east line of said 26.23 acre
tract, a distance of 1151.30 feet to a wood corner post found for
the southwest corner of said Venable Exhibit "A-2" Second Tract and
the northwest corner of said Harmon 29.553 acre tract;
THENCE South 88°23'05" East, along the south line of said Venable
Exhibit "A-2" Second Tract and the north line of said 29.553 acre
tract, a distance of 555.23 feet to a 1/2 inch iron rod found for the
most westerly northeast corner of said 29.553 acre tract and the
northwest corner of said Pierce 3.00 acre tract;
THENCE South 88°18'08" East, continuing along the south line of said
Venable Exhibit "A-2" Second Tract and the north line of said Pierce
3.00 acre tract, a distance of 626.29 feet to a 1/2 inch iron rod
found for the northeast corner of said Pierce 3.00 acre tract and
the northwest corner of said Wilson 1.269 acre tract;
THENCE South 88°04'56" East, continuing along the south line of said
Venable Exhibit "A-2" Second Tract and the north lines of said
Wilson 1.269 acre tract and said Black Rock Water Supply
Corporation 0.254 acre tract, a distance of 365.79 feet to a wood
corner post found for the northeast corner of said Black Rock Water
Supply Corporation 0.254 acre tract and the northwest corner of the
above mentioned Venable Exhibit "A-6" 70 acre tract;
THENCE South 01°20'17" West, along the west line of said Venable
Exhibit "A-6" 70 acre tract and the east lines of said Black Rock
Water Supply Corporation 0.254 acre tract, said Harmon 29.553 acre
tract, and said Pierce 0.724 acre tract, passing at a distance of
1388.97 feet a 1/2 inch iron rod found in the north line of Richter
Road for the southeast corner of said Pierce 0.724 acre tract, and
continuing along said west line for a total distance of 1413.97 feet
to the southwest corner of said Venable Exhibit "A-6" 70 acre tract,
said corner being in the north line of the above mentioned Venable
Exhibit "A-1" Twenty-Fourth Tract;
THENCE North 88°16'47" West, along the north line of said Venable
Exhibit "A-1" Twenty-Fourth Tract, a distance of 1403.72 feet to
the most southerly southeast corner of said Lewis 2.116 acre tract,
from which a 1/2 inch iron rod found in the north line of Richter
Road bears North 00°28'03" East a distance of 25.01 feet;
THENCE North 88°01'16" West, continuing along the north line of said
Venable Exhibit "A-1" Twenty-Fourth Tract and the south lines of
said Lewis 2.116 acre tract, said Johnson 0.5 acre tract, and said
Johnson 27.20 acre tract, a distance of 2024.03 feet to a wood
corner post found for the southwest corner of said Johnson 27.20
acre tract, the northwest corner of said Venable Exhibit "A-1"
Twenty-Fourth Tract, the northeast corner of the above mentioned
Venable Exhibit "A-1" Eighth Tract, and the southeast corner of
said Venable Exhibit "A-1" Twenty-First Tract;
THENCE North 00°39'41" West, along the east line of said Venable
Exhibit "A-1" Twenty-First Tract and the west lines of said Johnson
27.20 acre tract and said 27.20 acre Patricia Ann Harmon Brockett
tract, a distance of 1401.57 feet to the POINT OF BEGINNING and
containing 135.931 acres or 5,921,167 square feet of land, more or
less.
TRACT B
Being a tract of land situated in the George Smith Survey, Abstract
No. 1219, Denton County, Texas, and being described as a 210 foot by
210 foot tract of land conveyed to Faith Assembly Church by deed
recorded in Instrument No. 2004-26872, O.R.D.C.T., and being more
particularly described as follows:
BEGINNING at the northeast corner of said Church tract, from which a
wood corner post found bears South 89°52'15" East a distance of
130.00 feet;
THENCE South 00°07'45" West, along the east line of said Church
tract, passing at a distance of 203.40 feet a wood corner post found
in the north line of Black Jack Road, and continuing along said east
line for a total distance of 210.00 feet to the southeast corner of
said Church tract;
THENCE North 89°52'15" West, along the south line of said Church
tract, a distance of 210.00 feet to the southwest corner of said
Church tract, said corner being in the approximate centerline of
Harmon Road;
THENCE North 00°07'45" East, with the approximate centerline of
Harmon Road and along the west line of said Church tract, a distance
of 210.00 feet to the northwest corner of said Church tract;
THENCE South 89°52'15" East, along the north line of said Church
tract, a distance of 210.00 feet to the POINT OF BEGINNING and
containing 1.012 acres or 44,100 square feet of land, more or less.
TRACT C
Being a tract of land situated in the J. Moses Survey, Abstract No.
894, Denton County, Texas, and being all of a called 2 acre tract of
land, conveyed to Trustees of Wilson Cemetery by deed recorded in
Volume 57, Page 402, D.R.D.C.T., and being more particularly
described as follows:
BEGINNING at a chain link fence corner post found for the northwest
corner of said Cemetery tract and the southwest corner of the above
mentioned Venable Exhibit "A-1" Twenty-Second Tract, said corner
being in the east line of the above mentioned Venable Exhibit "A-1"
Fourteenth Tract;
THENCE North 89°39'39" East, along the north line of said Cemetery
tract and the south line of said Venable Exhibit "A-1"
Twenty-Second Tract; passing at a distance of 288.86 feet a chain
link fence corner post found and continuing for a total distance of
305.55 feet to the northeast corner of said Cemetery tract, the
southwest corner of the above mentioned Venable Exhibit "A-1"
Twenty-First Tract, and the northwest corner of the above mentioned
Exhibit "A-1" Eighth Tract;
THENCE South 00°20'21" East, along the east line of said Cemetery
tract and the west line of said Venable Exhibit "A-1" Eighth Tract,
a distance of 285.28 feet to the southeast corner of said Cemetery
tract and the most easterly northeast corner of said Venable
Exhibit "A-1" Fourteenth Tract;
THENCE South 89°39'39" West, along the south line of said Cemetery
tract and a north line of said Venable Exhibit "A-1" Fourteenth
Tract; a distance of 305.55 feet to the southwest corner of said
Cemetery tract and an ell corner of said Venable Exhibit "A-1"
Fourteenth Tract, from which a chain link fence corner post found
bears North 30°04'24" East a distance of 9.80 feet;
THENCE North 00°20'21" West, along the west line of said Cemetery
tract and the east line of said Venable Exhibit "A-1" Fourteenth
Tract, a distance of 285.28 feet to the POINT OF BEGINNING and
containing 2.001 acres or 87,168 square feet of land, more or less.
________________________________________________________________
____________
VENABLE PROPERTY DESCRIPTION
TRACT 2
Being a tract of land situated in the T. Chambers Survey, Abstract
No. 223, Denton County, Texas, and being all the following tracts of
land conveyed to Venable Royalty, Ltd.; a called 4.37 acre tract of
land by deed recorded in Instrument No. 2003-193459 of the Official
Records of Denton County, Texas, and all of a called 4.35 acre tract
of land by deed recorded in Volume 4952, Page 1406 of the Real
Property Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a wood corner post found for the northwest corner of
said 4.35 acre tract and the southwest corner of a called 2.726 acre
tract of land conveyed to Dennard's Farm Supply Incorporated by
deed recorded in Instrument No. 2009-52074 of the Official Records
of Denton County, Texas, said corner being in the east line of the
Texas and Pacific Railway Company right-of-way (80 foot wide
right-of-way);
THENCE South 87°59'39" East, along the north line of said 4.35 acre
tract and the south line of said 2.726 acre tract, a distance of
307.30 feet to the northeast corner of said 4.35 acre tract and the
southeast corner of said 2.726 acre tract, said corner being in the
west right-of-way line of State Highway 377 (a 120 foot wide
right-of-way), from which a metal corner post found bears North
87°59'39" West a distance of 1.44 feet, said point also being at the
beginning of a non-tangent curve to the right;
THENCE along the west right-of-way line of State Highway 377, the
following courses and distances:
Southwesterly, along said non-tangent curve to the right
having a central angle of 02°03'24", a radius of 5669.58 feet, a
chord bearing of South 03°44'56" West, a chord distance of 203.52
feet, passing at an arc length of 203.12 feet a wood highway marker
found for the southeast corner of said 4.35 acre tract and being at
the intersection of the west right-of-way line of State Highway 377
with the northwesterly right-of-way line of Farm to Market 3524 (a
80 foot wide right-of-way), and continuing for a total an arc length
of 203.53 feet to the end of said curve;
South 04°46'38" West, passing at a distance of 570.19 feet the
northeast corner of said 4.37 acre tract, from which a 60d nail
found bears South 85°13'22" East a distance of 1.33 feet, and
continuing for a total distance of 1120.24 feet to the southeast
corner of said 4.37 acre tract, from which a 1/2 inch iron rod found
bears North 88°16'01" West a distance of 1.06 feet;
THENCE North 88°16'01" West, along the south line of said 4.37 acre
tract, a distance of 387.22 feet to the southwest corner of said
4.37 acre tract, said corner being in the east line of said Texas
and Pacific Railway Company right-of-way, from which a 1/2 inch
iron rod found bears North 88°16'01" West a distance of 1.30 feet,
said point also being at the beginning of a non-tangent curve to the
left;
THENCE along the west lines of said 4.35 acre tract and said 4.37
acre tract and the east line of said Texas and Pacific Railway
Company right-of-way, the following courses and distances:
Northeasterly along said non-tangent curve to the left having
a central angle of 03°06'33", a radius of 5779.58 feet, a chord
bearing of North 09°14'29" East, a chord distance of 313.59 feet,
and an arc length of 313.63 feet to the end of said curve;
North 07°41'12" East, passing at a distance of 91.78 feet the
northwest corner of said 4.37 acre tract in the southeasterly line
of said Farm to Market 3524, and passing at a distance of 204.92
feet a 1/2 inch iron rod with red plastic cap stamped "ALLIANCE"
found for the most southerly corner of said 4.35 acre tract in the
northwesterly right-of-way line of said Farm to Market 3524, and
continuing for a total distance of 1018.10 feet to the POINT OF
BEGINNING and containing 10.487 acres or 456,819 square feet of
land, more or less.
This document was prepared under 22 TAC §663.21, does not reflect
the results of an on the ground survey, and is not to be used to
convey or establish interests in real property except those rights
and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for
which it was prepared.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8469, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8469.109 to read as follows:
Sec. 8469.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Subsection (c),
Section 17, Article I, Texas Constitution.
SECTION 5. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1877 passed the Senate on
May 1, 2013, by the following vote: Yeas 30, Nays 1; and that the
Senate concurred in House amendment on May 25, 2013, by the
following vote: Yeas 29, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1877 passed the House, with
amendment, on May 22, 2013, by the following vote: Yeas 142,
Nays 2, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor