Bill Text: TX SB1877 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
83R27314 AED-F | ||
By: Estes | S.B. No. 1877 | |
(Fallon) | ||
Substitute the following for S.B. No. 1877: No. |
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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 Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. This Act takes effect September 1, 2013. |