Texas 2013 - 83rd Regular

Texas Senate Bill SB1877 Compare Versions

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1	1	83R27314 AED-F
2	2	By: Estes S.B. No. 1877
3	3	(Fallon)
4	4	Substitute the following for S.B. No. 1877: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Venable Ranch Municipal Utility
10	10	District No. 1 of Denton County; granting a limited power of eminent
11	11	domain; providing authority to issue bonds; providing authority to
12	12	impose assessments, fees, or taxes.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 8469 to read as follows:
16	16	CHAPTER 8469. VENABLE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
17	17	DENTON COUNTY
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8469.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "City" means the City of Aubrey, Texas.
22	22	(3) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(4) "Director" means a board member.
25	25	(5) "District" means the Venable Ranch Municipal
26	26	Utility District No. 1 of Denton County.
27	27	Sec. 8469.002. NATURE OF DISTRICT. The district is a
28	28	municipal utility district created under Section 59, Article XVI,
29	29	Texas Constitution.
30	30	Sec. 8469.003. CONFIRMATION AND DIRECTORS' ELECTION
31	31	REQUIRED. The temporary directors shall hold an election to
32	32	confirm the creation of the district and to elect five permanent
33	33	directors as provided by Section 49.102, Water Code.
34	34	Sec. 8469.004. CONSENT OF CITY REQUIRED. The temporary
35	35	directors may not hold an election under Section 8469.003 until:
36	36	(1) the city has consented by ordinance or resolution
37	37	to the creation of the district and to the inclusion of land in the
38	38	district; and
39	39	(2) the city and an owner or owners of land in the
40	40	district have entered into a development agreement under Section
41	41	212.172, Local Government Code.
42	42	Sec. 8469.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
43	43	The district is created to serve a public purpose and benefit.
44	44	(b) The district is created to accomplish the purposes of:
45	45	(1) a municipal utility district as provided by
46	46	general law and Section 59, Article XVI, Texas Constitution; and
47	47	(2) Section 52, Article III, Texas Constitution, that
48	48	relate to the construction, acquisition, improvement, operation,
49	49	or maintenance of macadamized, graveled, or paved roads, or
50	50	improvements, including storm drainage, in aid of those roads.
51	51	Sec. 8469.006. INITIAL DISTRICT TERRITORY. (a) The
52	52	district is initially composed of the territory described by
53	53	Section 2 of the Act enacting this chapter.
54	54	(b) The boundaries and field notes contained in Section 2 of
55	55	the Act enacting this chapter form a closure. A mistake made in the
56	56	field notes or in copying the field notes in the legislative process
57	57	does not affect the district's:
58	58	(1) organization, existence, or validity;
59	59	(2) right to issue any type of bond for the purposes
60	60	for which the district is created or to pay the principal of and
61	61	interest on a bond;
62	62	(3) right to impose a tax; or
63	63	(4) legality or operation.
64	64	SUBCHAPTER B. BOARD OF DIRECTORS
65	65	Sec. 8469.051. GOVERNING BODY; TERMS. (a) The district is
66	66	governed by a board of five elected directors.
67	67	(b) Except as provided by Section 8469.052, directors serve
68	68	staggered four-year terms.
69	69	Sec. 8469.052. TEMPORARY DIRECTORS. (a) On or after
70	70	September 1, 2013, the owner or owners of a majority of the assessed
71	71	value of the real property in the district may submit a petition to
72	72	the commission requesting that the commission appoint as temporary
73	73	directors the five persons named in the petition. The commission
74	74	shall appoint as temporary directors the five persons named in the
75	75	petition.
76	76	(b) Temporary directors serve until the earlier of:
77	77	(1) the date permanent directors are elected under
78	78	Section 8469.003; or
79	79	(2) September 1, 2017.
80	80	(c) If permanent directors have not been elected under
81	81	Section 8469.003 and the terms of the temporary directors have
82	82	expired, successor temporary directors shall be appointed or
83	83	reappointed as provided by Subsection (d) to serve terms that
84	84	expire on the earlier of:
85	85	(1) the date permanent directors are elected under
86	86	Section 8469.003; or
87	87	(2) the fourth anniversary of the date of the
88	88	appointment or reappointment.
89	89	(d) If Subsection (c) applies, the owner or owners of a
90	90	majority of the assessed value of the real property in the district
91	91	may submit a petition to the commission requesting that the
92	92	commission appoint as successor temporary directors the five
93	93	persons named in the petition. The commission shall appoint as
94	94	successor temporary directors the five persons named in the
95	95	petition.
96	96	SUBCHAPTER C. POWERS AND DUTIES
97	97	Sec. 8469.101. GENERAL POWERS AND DUTIES. The district has
98	98	the powers and duties necessary to accomplish the purposes for
99	99	which the district is created.
100	100	Sec. 8469.102. MUNICIPAL UTILITY DISTRICT POWERS AND
101	101	DUTIES. The district has the powers and duties provided by the
102	102	general law of this state, including Chapters 49 and 54, Water Code,
103	103	applicable to municipal utility districts created under Section 59,
104	104	Article XVI, Texas Constitution.
105	105	Sec. 8469.103. AUTHORITY FOR ROAD PROJECTS. Under Section
106	106	52, Article III, Texas Constitution, the district may design,
107	107	acquire, construct, finance, issue bonds for, improve, operate,
108	108	maintain, and convey to this state, a county, or a municipality for
109	109	operation and maintenance macadamized, graveled, or paved roads, or
110	110	improvements, including storm drainage, in aid of those roads.
111	111	Sec. 8469.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
112	112	project must meet all applicable construction standards, zoning and
113	113	subdivision requirements, and regulations of each municipality in
114	114	whose corporate limits or extraterritorial jurisdiction the road
115	115	project is located.
116	116	(b) If a road project is not located in the corporate limits
117	117	or extraterritorial jurisdiction of a municipality, the road
118	118	project must meet all applicable construction standards,
119	119	subdivision requirements, and regulations of each county in which
120	120	the road project is located.
121	121	(c) If the state will maintain and operate the road, the
122	122	Texas Transportation Commission must approve the plans and
123	123	specifications of the road project.
124	124	Sec. 8469.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
125	125	OR RESOLUTION. The district shall comply with all applicable
126	126	requirements of any ordinance or resolution that is adopted under
127	127	Section 54.016 or 54.0165, Water Code, and that consents to the
128	128	creation of the district or to the inclusion of land in the
129	129	district.
130	130	Sec. 8469.106. DIVISION OF DISTRICT. (a) The district may
131	131	be divided into two or more new districts only if the district:
132	132	(1) has no outstanding bonded debt; and
133	133	(2) is not imposing ad valorem taxes.
134	134	(b) This chapter applies to any new district created by the
135	135	division of the district, and a new district has all the powers and
136	136	duties of the district.
137	137	(c) Any new district created by the division of the district
138	138	may not, at the time the new district is created, contain any land
139	139	outside the area described by Section 2 of the Act creating this
140	140	chapter.
141	141	(d) The board, on its own motion or on receipt of a petition
142	142	signed by the owner or owners of a majority of the assessed value of
143	143	the real property in the district, may adopt an order dividing the
144	144	district.
145	145	(e) The board may adopt an order dividing the district
146	146	before or after the date the board holds an election under Section
147	147	8469.151 to authorize the issuance of bonds.
148	148	(f) An order dividing the district must:
149	149	(1) name each new district;
150	150	(2) include the metes and bounds description of the
151	151	territory of each new district;
152	152	(3) appoint temporary directors for each new district;
153	153	and
154	154	(4) provide for the division of assets and liabilities
155	155	between or among the new districts.
156	156	(g) On or before the 30th day after the date of adoption of
157	157	an order dividing the district, the district shall file the order
158	158	with the commission and record the order in the real property
159	159	records of each county in which the district is located.
160	160	(h) Any new district created by the division of the district
161	161	shall hold a confirmation and directors' election as required by
162	162	Section 8469.003.
163	163	(i) Any new district created by the division of the district
164	164	must hold an election as required by this chapter to obtain voter
165	165	approval before the district may impose a maintenance tax or issue
166	166	bonds payable wholly or partly from ad valorem taxes.
167	167	(j) If the creation of the new district is confirmed, the
168	168	new district shall provide the election date and results to the
169	169	commission.
170	170	Sec. 8469.107. FIREFIGHTING SERVICES. Notwithstanding
171	171	Section 49.351(a), Water Code, the district may, as authorized by
172	172	Section 59(f), Article XVI, Texas Constitution, and Section 49.351,
173	173	Water Code:
174	174	(1) establish, operate, and maintain a fire
175	175	department;
176	176	(2) contract with another political subdivision for
177	177	the joint operation of a fire department; or
178	178	(3) contract with any other person to perform
179	179	firefighting services in the district and may issue bonds and
180	180	impose taxes to pay for the department and the activities.
181	181	Sec. 8469.108. FEES AND CHARGES. (a) The district may
182	182	adopt and enforce all necessary charges, mandatory fees, or
183	183	rentals, in addition to taxes, for providing or making available
184	184	any district facility or service, including firefighting
185	185	activities provided under Section 8469.107.
186	186	(b) To enforce payment of an unpaid fee or charge due to the
187	187	district, on the request of the district, a retail public utility,
188	188	as defined by Section 13.002, Water Code, providing water or sewer
189	189	service to a customer in the district shall terminate the service.
190	190	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
191	191	Sec. 8469.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
192	192	district may issue, without an election, bonds and other
193	193	obligations secured by:
194	194	(1) revenue other than ad valorem taxes; or
195	195	(2) contract payments described by Section 8469.153.
196	196	(b) The district must hold an election in the manner
197	197	provided by Chapters 49 and 54, Water Code, to obtain voter approval
198	198	before the district may impose an ad valorem tax or issue bonds
199	199	payable from ad valorem taxes.
200	200	(c) The district may not issue bonds payable from ad valorem
201	201	taxes to finance a road project unless the issuance is approved by a
202	202	vote of a two-thirds majority of the district voters voting at an
203	203	election held for that purpose.
204	204	Sec. 8469.152. OPERATION AND MAINTENANCE TAX. (a) If
205	205	authorized at an election held under Section 8469.151, the district
206	206	may impose an operation and maintenance tax on taxable property in
207	207	the district in accordance with Section 49.107, Water Code.
208	208	(b) The board shall determine the tax rate. The rate may not
209	209	exceed the rate approved at the election.
210	210	Sec. 8469.153. CONTRACT TAXES. (a) In accordance with
211	211	Section 49.108, Water Code, the district may impose a tax other than
212	212	an operation and maintenance tax and use the revenue derived from
213	213	the tax to make payments under a contract after the provisions of
214	214	the contract have been approved by a majority of the district voters
215	215	voting at an election held for that purpose.
216	216	(b) A contract approved by the district voters may contain a
217	217	provision stating that the contract may be modified or amended by
218	218	the board without further voter approval.
219	219	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
220	220	Sec. 8469.201. AUTHORITY TO ISSUE BONDS AND OTHER
221	221	OBLIGATIONS. The district may issue bonds or other obligations
222	222	payable wholly or partly from ad valorem taxes, impact fees,
223	223	revenue, contract payments, grants, or other district money, or any
224	224	combination of those sources, to pay for any authorized district
225	225	purpose.
226	226	Sec. 8469.202. TAXES FOR BONDS. At the time the district
227	227	issues bonds payable wholly or partly from ad valorem taxes, the
228	228	board shall provide for the annual imposition of a continuing
229	229	direct ad valorem tax, without limit as to rate or amount, while all
230	230	or part of the bonds are outstanding as required and in the manner
231	231	provided by Sections 54.601 and 54.602, Water Code.
232	232	Sec. 8469.203. BONDS FOR ROAD PROJECTS. At the time of
233	233	issuance, the total principal amount of bonds or other obligations
234	234	issued or incurred to finance road projects and payable from ad
235	235	valorem taxes may not exceed one-fourth of the assessed value of the
236	236	real property in the district.
237	237	SUBCHAPTER F. ANNEXATION BY CITY
238	238	Sec. 8469.251. EFFECT OF ANNEXATION BY CITY. (a)
239	239	Notwithstanding any other law, if all of the territory of the
240	240	district is annexed by the city into the corporate limits of the
241	241	city before the date of the election held to confirm the creation of
242	242	the district and the district is confirmed at that election, the
243	243	district may not be dissolved and continues in existence following
244	244	annexation until:
245	245	(1) water, sanitary sewer, and drainage improvements
246	246	and roads have been constructed to serve at least 90 percent of the
247	247	territory of the district capable of development; or
248	248	(2) the board adopts a resolution consenting to the
249	249	dissolution of the district.
250	250	(b) After annexation by the city:
251	251	(1) the district may not impose an ad valorem tax;
252	252	(2) the district may impose a special assessment in
253	253	the manner provided by Subchapter F, Chapter 375, Local Government
254	254	Code; and
255	255	(3) Section 375.161, Local Government Code, does not
256	256	apply to the district.
257	257	SECTION 2. The Venable Ranch Municipal Utility District
258	258	No. 1 of Denton County initially includes all the territory
259	259	contained in the following area:
260	260	VENABLE PROPERTY DESCRIPTION:
261	261	TRACT 1
262	262	Being a tract of land situated in the George Smith Survey, Abstract
263	263	No. 1219, the S. Williams Survey, Abstract No. 1333, the M. McBride
264	264	Survey, Abstract No. 804, the N. McMillan Survey, Abstract No. 841,
265	265	the J. Cantwell Survey, Abstract No. 282, the T. Chambers Survey,
266	266	Abstract No. 223, the J. Moses Survey, Abstract No. 894, the J.
267	267	Wells Survey, Abstract No. 1426, the J. Wilburn Survey, Abstract
268	268	No. 1427, and the W. Boydston Survey, Abstract No. 117, Denton
269	269	County, Texas and being all of the following tracts of land conveyed
270	270	to Venable Royalty, LTD.; a called 10.69 acre tract by deed recorded
271	271	in Volume 5128, Page 563 of the Real Property Records of Denton
272	272	County, Texas (R.P.R.D.C.T.); a called 11.00 acre tract by deed
273	273	recorded in Volume 5144, Page 2973, R.P.R.D.C.T.; a called a called
274	274	29.089 acre tract by deed recorded in Volume 4077, Page 1372,
275	275	R.P.R.D.C.T.; a called 27.20 acre tract by deed recorded in Volume
276	276	5076, Page 822, R.P.R.D.C.T. (50% interest); a called 54.08 acre
277	277	tract by deed recorded in Volume 4867, Page 3255, R.P.R.D.C.T.; a
278	278	called 7.000 acre tract, called Parcel One, Tract I, a called 0.228
279	279	acre tract, called Parcel One, Tract II, and a called 14.586 acre
280	280	tract, called Parcel Two by deed recorded in Volume 4506, Page 1340
281	281	of the Deed Records of Denton County, Texas (D.R.D.C.T.); all of
282	282	Lots 16 and 17 of Scenic Acres by deed recorded in Volume 4399, Page
283	283	1845, R.P.R.D.C.T., said Scenic Acres being an addition to Denton
284	284	County, Texas according to the plat recorded in Cabinet B, Page 379
285	285	of the Map Records of Denton County, Texas (M.R.D.C.T.); all of the
286	286	following tracts of land conveyed to Venable Estate, LTD.; a called
287	287	4.02 acre tract by deed recorded in Instrument No. 2008-41088 of the
288	288	Official Records of Denton County, Texas (O.R.D.C.T.); a called
289	289	27.20 acre tract by deed recorded in Instrument No. 2004-101157,
290	290	O.R.D.C.T. (50% interest); all of the following recorded in
291	291	Instrument No. 2005-43578, O.R.D.C.T.; of Exhibit "A-1"; a called
292	292	48.9 acre tract, called First Tract; a called 70 acre tract, called
293	293	Second Tract; a called 40 acre tract, called Third Tract; a called
294	294	30 acre tract, called Fourth Tract; a called 70.80 acre tract,
295	295	called Fifth Tract; a called 70.62 acre tract, called Sixth Tract; a
296	296	called 53.83 acre tract, called Seventh Tract; a called 88 acre
297	297	tract, called Eighth Tract; a called 40 acre tract, called Ninth
298	298	Tract; a called 40 acre tract, called Tenth Tract; a called 54 acre
299	299	tract, called Eleventh Tract; a called 63 acre tract, called
300	300	Twelfth Tract; a called 55 acre tract, called Thirteenth Tract; a
301	301	called 50 acre tract, called Fourteenth Tract; a called 3 acre
302	302	tract, called Fifteenth Tract; a called 6 acre tract, called
303	303	Sixteenth Tract; a called 100 acre tract, called Seventeenth Tract;
304	304	a called 58 acre tract, called Eighteenth Tract; a called 29.37 acre
305	305	tract, called Nineteenth Tract; the remainder of a called 20 acre
306	306	tract, called Twentieth Tract; a called 80 acre tract, called
307	307	Twenty-First Tract; a called 3.5 acre tract, called Twenty-Second
308	308	Tract; a called 114.8 acre tract, called Twenty-Third Tract; a
309	309	called 412 acre tract, called Twenty-Fourth Tract; a called 40 acre
310	310	tract, called Twenty-Fifth Tract; a called 40 acre tract, called
311	311	Twenty-Sixth Tract; a called 65.93 acre tract, called
312	312	Twenty-Seventh Tract; of Exhibit "A-2"; First Tract; Second Tract;
313	313	and a called 118.3 acre tract, called Third Tract; all of Exhibit
314	314	"A-3", called 24 acres; all of Exhibit "A-6", called 70 acres; of
315	315	Exhibit "A-7"; a called 63 acre tract, called First Tract; and a
316	316	called 80 acre tract, called Second Tract; and all of Exhibit "A-8",
317	317	called 54.089 acres, and being more particularly described as
318	318	follows:
319	319	BEGINNING at a 1/2 inch iron rod found for the northeast corner of
320	320	said Venable 10.69 acre tract, said corner being in the west line of
321	321	the Texas and Pacific Railway Company right-of-way (80 foot wide
322	322	right-of-way);
323	323	THENCE along the west line of said Texas and Pacific Railway Company
324	324	right-of-way the following courses and distances:
325	325	South 07°41'12" West, a distance of 3421.85 feet to the
326	326	beginning of a tangent curve to the right;
327	327	Southwesterly along said tangent curve to the right having a
328	328	central angle of 18°23'37", a radius of 5679.58 feet, a chord
329	329	bearing of South 16°53'01" West, a chord distance of 1815.49 feet,
330	330	and an arc length of 1823.31 feet to a point at the end of said
331	331	curve;
332	332	South 26°04'49" West, a distance of 3713.98 feet to the
333	333	southeast corner of said Venable Exhibit "A-1" Twenty-Fourth Tract,
334	334	said point being in the approximate centerline of Black Jack Road;
335	335	THENCE with the approximate centerline of Black Jack Road and along
336	336	the south lines of said Venable Exhibit "A-1" Twenty-Fourth Tract
337	337	and Twentieth Tract, the following courses and distances:
338	338	North 89°23'03" West, passing at a distance of 88.61 feet the
339	339	northeast corner of Quail Ridge Estates, an addition to the City of
340	340	Aubrey, Texas according to the plat recorded in Cabinet T, Page 40,
341	341	M.R.D.C.T., and continuing for a total distance of 1122.68 feet to
342	342	the most northerly northwest corner of said Quail Ridge Estates;
343	343	North 89°59'13" West, a distance of 2643.79 feet to the
344	344	northwest corner of a called 15.000 acre tract of land, called Tract
345	345	Eight, conveyed to Old south Royalty Company by deed recorded in
346	346	Volume 2138, Page 809, R.P.R.D.C.T. and the northeast corner of a
347	347	called 15.28 Acre tract of land conveyed to Robert A. Foster and
348	348	Etta J. Luongo, by deed recorded in Document No. 2007-88559,
349	349	O.R.D.C.T.;
350	350	South 89°49'29" West, passing at a distance of 39.40 feet a
351	351	mag nail found, and continuing for a total distance of 368.29 feet
352	352	to the southwest corner of said Venable Exhibit "A-1" Twentieth
353	353	Tract, said point being in the west line of Wilson Cemetery Road;
354	354	THENCE North 01°18'58" West, along the west line of said Venable
355	355	Exhibit "A-1" Twentieth Tract and the west line of said Wilson
356	356	Cemetery Road, passing at a distance of 8.98 feet a mag nail found
357	357	for the southeast corner of a called 25.196 acre tract of land
358	358	conveyed to Russell W. Streng and Truly W. Streng, by deed recorded
359	359	in Volume 4326, Page 1990, R.P.R.D.C.T., and continuing along said
360	360	west lines and the east line of said 25.196 acre tract for a total
361	361	distance of 224.04 feet to a point in a fence line at the southerly
362	362	corner of a called 0.100 acre tract of land conveyed to Russell W.
363	363	Streng and Truly W. Streng by deed recorded in Document No.
364	364	2012-53458, O.R.D.C.T.;
365	365	THENCE North 00°08'42" West, with said fence line along the west
366	366	line of said Wilson Cemetery Road, and along the east line of said
367	367	0.100 acre tract, a distance of 653.39 feet to the northeast corner
368	368	of said 0.100 acre tract and the southeast corner of a called 0.422
369	369	acre tract of land conveyed to Rodney Ivan Streng and Judith Ann
370	370	Streng, Trustees, or Their Successor Trustees Under The Rodney I.
371	371	Streng and Judith A. Streng Living Trust, by deed recorded in
372	372	Document No. 2012-53328, O.R.D.C.T.;
373	373	THENCE continuing along said fence line along the west line of said
374	374	Wilson Cemetery Road, and along the east line of said 0.422 acre
375	375	tract, the following courses and distances:
376	376	North 00°10'08" West, a distance of 816.15 feet to a point for
377	377	corner;
378	378	North 15°07'16" West, a distance of 23.99 feet to a point for
379	379	corner;
380	380	North 54°47'59" West, a distance of 29.83 feet to the most
381	381	northerly corner of said 0.422 acre tract, said point being in the
382	382	west line of said Venable Exhibit "A-1" Twentieth Tract and east
383	383	line of a called 25.196 acre tract of land conveyed to Rodney I.
384	384	Streng and Judith A. Streng Family Trust, by deed recorded in
385	385	Instrument Number 2010-59229, O.R.D.C.T.;
386	386	THENCE North 01°18'58" West, a distance of 12.03 feet to a mag nail
387	387	found for the northwest corner of said Venable Exhibit "A-1
388	388	Twentieth Tract and the northeast corner of said Streng Family
389	389	Trust 25.196 acre tract, said corner being in the south line of said
390	390	Venable Exhibit "A-1" Eighth Tract;
391	391	THENCE North 89°45'07" West, with said Wilson Cemetery Road, and
392	392	along the south line of said Venable Exhibit "A-1" Eighth Tract and
393	393	the north line of said Streng Family Trust 25.196 acre tract, a
394	394	distance of 1254.71 feet to a 1/2 inch iron rod found for the
395	395	southwest corner of said Venable Exhibit "A-1" Eighth Tract and the
396	396	northwest corner of said Streng Family Trust 25.196 acre tract,
397	397	said corner being in the east line of a called 5.30 acre tract of
398	398	land, called Tract Three, conveyed to Cedars Development, Inc. by
399	399	deed recorded in Instrument Number 2011-95252, O.R.D.C.T.;
400	400	THENCE North 01°20'47" West, with said Wilson Cemetery Road, and
401	401	along the west line of said Venable Exhibit "A-1" Eighth Tract and
402	402	the east line of said 5.30 acre tract, a distance of 573.91 feet to a
403	403	1/2 inch iron rod found for the northeast corner of said 5.30 acre
404	404	tract and the southeast corner of said Venable Exhibit "A-1"
405	405	Fourteenth Tract, said corner being at the intersection of Wilson
406	406	Cemetery Road with Grubbs Road;
407	407	THENCE North 88°33'37" West, with said Grubbs Road, and along the
408	408	south lines of said Venable Exhibit "A-1" Fourteenth Tract and
409	409	Fifteenth Tract, a distance of 1429.54 feet to a mag nail found for
410	410	the southwest corner of said Venable Exhibit "A-1" Fifteenth Tract,
411	411	and the southeast corner of a called 0.743 acre tract of land,
412	412	called Tract One, conveyed to Old South Royalty Company by deed
413	413	recorded in Volume 2138, Page 809, R.P.R.D.C.T.;
414	414	THENCE North 00°16'29" East, along the west line of said Venable
415	415	Exhibit "A-1" Fifteenth Tract and the east line of said 0.743 acre
416	416	tract, passing at a distance of 1078.75 feet the northeast corner of
417	417	said 0.743 acre tract and the most southerly southeast corner of a
418	418	called 352.393 acre tract of land, called Tract Three, conveyed to
419	419	Old South Royalty Company by deed recorded in Volume 2138, Page 809,
420	420	R.P.R.D.C.T., and continuing along said west line and the east line
421	421	of said 352.393 acre tract, for a total distance of 2079.16 feet to
422	422	a 1/2 inch iron rod with plastic cap stamped "J E Smith 3700" found
423	423	for the northwest corner of said Venable Exhibit "A-1" Fifteenth
424	424	Tract and an ell corner of said 352.393 acre tract;
425	425	THENCE South 89°57'36" East, along the north line of said Venable
426	426	Exhibit "A-1" Fifteenth Tract and a south line of said 352.393 acre
427	427	tract, a distance of 69.55 feet to a 1/2 inch iron rod with plastic
428	428	cap stamped "J E Smith 3700" found for the northeast corner of said
429	429	Venable Exhibit "A-1" Fifteenth Tract, the northwest corner of said
430	430	Venable Exhibit "A-1" Fourteenth Tract, the southwest corner of
431	431	said Venable Exhibit "A-1" Twelfth Tract, and the most easterly
432	432	southeast corner of said 352.393 acre tract;
433	433	THENCE North 00°07'55" West, along the west line of said Venable
434	434	Exhibit "A-1" Twelfth Tract and the east line of said 352.393 acre
435	435	tract, a distance of 1866.24 feet to a 1/2 inch iron rod with
436	436	plastic cap stamped "J E Smith 3700" found for the northeast corner
437	437	of said 352.393 acre tract and the southeast corner of said Venable
438	438	Exhibit "A-1" Nineteenth Tract;
439	439	THENCE along the south line of said Venable Exhibit "A-1"
440	440	Nineteenth Tract and the north line of said 352.393 acre tract the
441	441	following courses and distances:
442	442	South 84°01'58" West, a distance of 569.60 feet to a point for
443	443	corner;
444	444	South 89°43'26" West, a distance of 841.22 feet to a 1/2 inch
445	445	iron rod with plastic cap stamped "J E Smith 3700" found for the
446	446	corner;
447	447	South 51°33'10" West, a distance of 179.90 feet to a 1/2 inch
448	448	iron rod with plastic cap stamped "J E Smith 3700" found for corner;
449	449	South 87°42'24" West, a distance of 225.93 feet to a 1/2 inch
450	450	iron rod with plastic cap stamped "J E Smith 3700" found for corner;
451	451	South 62°36'29" West, a distance of 502.48 feet to a 1/2 inch
452	452	iron rod with plastic cap stamped "J E Smith 3700" found the
453	453	southwest corner of said Venable Exhibit "A-1" Nineteenth Tract and
454	454	the southeast corner of said Venable Exhibit "A-1" Fifth Tract;
455	455	THENCE North 89°55'15" West, continuing along the north line of said
456	456	352.393 acre tract and the south lines of said Venable Exhibit "A-1"
457	457	Fifth Tract and Seventh Tract, passing at a distance of 4118.63 feet
458	458	a Corps. of Engineers concrete monument with brass disk found for
459	459	the northeast corner of Tract No. 2512E, conveyed to the United
460	460	States of America by deed recorded in County Clerk's File No.
461	461	95-R0068092, D.R.D.C.T., and continuing along the south line of
462	462	said Venable Exhibit "A-1" Seventh Tract and the north line of said
463	463	Tract No. 2512E, for a total distance of 4768.62 feet to a 5/8 inch
464	464	iron rod found for the northwest corner of said Tract No. 2512E,
465	465	said corner being in the east line of Tract No. 2512, conveyed to
466	466	the United States of America by deed recorded in County Clerk's File
467	467	No. 95-R0068092, D.R.D.C.T.;
468	468	THENCE North 14°20'32" East, along the east line of said Tract No.
469	469	2512, a distance of 116.96 feet to a 5/8 inch iron rod found for the
470	470	northeast corner of said Tract No. 2512;
471	471	THENCE South 89°21'47" West, along the north line of said Tract No.
472	472	2512, passing at a distance of 63.04 feet the northwest corner of
473	473	said Tract No. 2512 and a northeast corner of Tract No. 2510,
474	474	conveyed to the United States of America by deed recorded in County
475	475	Clerk's File No. 97-R0083048, D.R.D.C.T., and continuing along a
476	476	north line of said Tract No. 2510, for a total distance of 325.98
477	477	feet to a 5/8 inch iron rod found for an ell corner of said Tract No.
478	478	2510, said corner being in the west line of said Venable Exhibit
479	479	"A-1" Sixth Tract and the east line of a called 2.73 acre tract of
480	480	land conveyed to Venable Estate, LTD., by deed recorded in
481	481	Instrument No. 2005-43578, O.R.D.C.T.;
482	482	THENCE North 00°37'33" West, along the east lines of said Tract No.
483	483	2510 and said Venable Exhibit "A-4", 2.73 acre tract and the west
484	484	line of said Venable Exhibit "A-1" Sixth Tract, a distance of
485	485	2548.77 feet to a Corps. of Engineers concrete monument with brass
486	486	disk found for the northeast corners of said Tract No. 2510 and said
487	487	Venable Exhibit "A-4", 2.73 acre tract, the Northwest corner of
488	488	said Venable Exhibit "A-1" Sixth Tract, the southwest corner of
489	489	said Venable Exhibit "A-1" Fourth Tract, and the southeast corner
490	490	of a called 331.388 acre tract of land conveyed to Robert G. McGraw
491	491	and Helen McGraw, by deed recorded in County Clerk's File No.
492	492	97-R0089771, D.R.D.C.T.;
493	493	THENCE North 00°44'14" West, along the west line of said Venable
494	494	Exhibit "A-1" Fourth Tract and the east line of said 331.388 acre
495	495	tract, a distance of 750.63 feet to a Corps. of Engineers concrete
496	496	monument with brass disk found for the northwest corner of said
497	497	Venable Exhibit "A-1" Fourth Tract and a northeast corner of said
498	498	331.388 acre tract, being in the south line of a called 119.83 acre
499	499	tract of land conveyed to Helen McGraw, by deed recorded in Volume
500	500	4407, Page 1179, R.P.R.D.C.T.;
501	501	THENCE South 89°47'07" East, along the north lines of said Venable
502	502	Exhibit "A-1" Fourth Tract and Third Tract, and the south line of
503	503	said 119.83 acre tract, a distance of 1787.66 feet to a 1/2 inch
504	504	iron rod found for a southeast corner of said 119.83 acre tract and
505	505	the southwest corner of said Venable Parcel Two, 14.586 acre tract,
506	506	said corner being in the approximate centerline of McKinney Bridge
507	507	Road;
508	508	THENCE with the approximate centerline of McKinney Bridge Road, and
509	509	with the northwesterly line of said Venable Parcel Two, 14.586 acre
510	510	tract, and the southeasterly line of said 119.83 acre tract, the
511	511	following courses and distances:
512	512	North 67°10'55" East, a distance of 1377.39 feet to a 1/2 inch
513	513	iron rod found for corner;
514	514	North 36°16'40" East, a distance of 261.33 feet to a 1/2 inch
515	515	iron rod with yellow plastic cap stamped "THROUGH CAP" found for
516	516	corner;
517	517	North 49°01'29" East, passing at a distance of 270.75 feet a
518	518	1/2 inch iron rod found, and continuing for a total distance of
519	519	273.58 feet to the most northerly corner of said Venable Parcel Two,
520	520	14.586 acre tract, and the most easterly southeast corner of said
521	521	119.83 acre tract, said corner being in the west line of the
522	522	aforesaid Scenic Acres;
523	523	THENCE South 00°22'24" West, along the east line of said Venable
524	524	Parcel Two, 14.586 acre tract, and the west line of said Scenic
525	525	Acres, a distance of 714.48 feet to the northwest corner of Lot 17
526	526	of said Scenic Acres;
527	527	THENCE South 89°37'31" East, along the north line of said Lot 17, a
528	528	distance of 206.82 feet to the most northerly northeast corner of
529	529	said Lot 17, said corner being in a 60 foot radius cul-de-sac
530	530	right-of-way line of Scenic Drive and being at the beginning of a
531	531	non-tangent curve to the left;
532	532	THENCE, southeasterly along said cul-de-sac right-of-way line and
533	533	with said non-tangent curve to the left having a central angle of
534	534	165°08'50", a radius of 60.00 feet, a chord bearing of South
535	535	82°18'25" East, a chord distance of 118.99 feet, passing at an arc
536	536	length of 72.26 feet the most easterly northeast corner of said Lot
537	537	17 and the most westerly northwest corner of Lot 16 of said Scenic
538	538	Acres, and continuing for a total arc length of 172.94 feet to the
539	539	most easterly northwest corner of said Lot 16, being in the south
540	540	right-of-way line of Scenic Drive (a 60 foot wide right-of-way);
541	541	THENCE North 74°55'19" East, along the south right-of-way line of
542	542	said Scenic Drive, a distance of 18.10 feet to the northeast corner
543	543	of said Lot 16;
544	544	THENCE South 05°05'59" West, along the east line of said Lot 16, a
545	545	distance of 422.16 feet to the southeast corner of said Lot 16, said
546	546	corner being in the south line of said Scenic Acres and the north
547	547	line of said Venable Exhibit "A-1" Third Tract;
548	548	THENCE South 89°37'50" East, along the south line of said Scenic
549	549	Acres and the north lines of said Venable Exhibit "A-1" Third Tract
550	550	and Second Tract, a distance of 667.01 feet to a 1/2 inch iron rod
551	551	found for the southeast corner of said Scenic Acres and the
552	552	southwest corner of a called 39.04 acre tract of land conveyed to
553	553	Pete Kenny, by deed recorded in Instrument No. 2010-28786,
554	554	O.R.D.C.T.;
555	555	THENCE North 89°55'56" East, along the north lines of said Venable
556	556	Exhibit "A-1" Second Tract and Seventeenth Tract, and the south
557	557	line of said 39.04 acre tract, a distance of 958.70 feet to a wood
558	558	corner post found for the southeast corner of said 39.04 acre tract
559	559	and an ell corner of said Venable Exhibit "A-1" Seventeenth Tract;
560	560	THENCE North 00°47'57" West, along the east line of said 39.04 acre
561	561	tract and the west lines of said Venable Exhibit "A-1" Seventeenth
562	562	Tract and Venable Exhibit "A-7" First Tract, a distance of 1748.72
563	563	feet to a 1/2 inch iron rod found for the northeast corner of said
564	564	39.04 acre tract and the southeast corner of said Venable Parcel
565	565	One, Tract I, 7.000 acre tract;
566	566	THENCE South 89°17'34" West, along the south line of said Venable
567	567	Parcel One, Tract I, and the north line of said 39.04 acre tract, a
568	568	distance of 72.46 feet to a 1/2 inch iron rod found for the
569	569	southwest corner of said Venable Parcel One, Tract I, and the
570	570	southeast corner of a called 7.000 acre tract of land conveyed to
571	571	Ronald G. Johnson and Wife, Hester L. Johnson, by deed recorded in
572	572	Volume 1191, Page 694, D.R.D.C.T.;
573	573	THENCE North 52°27'48" West, along the southwesterly line of said
574	574	Venable Parcel One, Tract I and the northeasterly line of said
575	575	Johnson 7.000 acre tract, a distance of 989.37 feet to the northwest
576	576	corner of said Venable Parcel One, Tract I, the southwest corner of
577	577	said Venable Parcel One, Tract II, 0.228 acre tract, the northeast
578	578	corner of said Johnson 7.000 acre tract, and the southeast corner of
579	579	a called 0.110 acre tract of land conveyed to Ronald G. Johsnon et
580	580	ux, Hester L. Johnson, by deed recorded in Volume 1197, Page 860,
581	581	D.R.D.C.T.;
582	582	THENCE North 04°02'10" West, along the west line of said Venable
583	583	Parcel One, Tract II and the east line of said 0.110 acre tract, a
584	584	distance of 104.40 feet to the northwest corner of said Venable
585	585	Parcel One, Tract II and the northeast corner of said 0.110 acre
586	586	tract, said point being in the approximate centerline of McKinney
587	587	Bridge Road;
588	588	THENCE with the approximate centerline of said McKinney Bridge
589	589	Road, and along the northwesterly line of said Venable Parcel One,
590	590	Tract II the following courses and distances:
591	591	North 39°51'20" East, a distance of 56.10 feet to a point for
592	592	corner;
593	593	North 20°28'10" East, a distance of 132.92 feet to the
594	594	northeast corner of said Venable Parcel One, Tract II, said corner
595	595	being in the west line of a called 103.4117 acre tract of land
596	596	conveyed to E E Ranches of Texas, Inc., by deed recorded in Volume
597	597	2256, Page 840, R.P.R.D.C.T.;
598	598	THENCE South 00°18'17" East, along the east line of said Venable
599	599	Parcel One, Tract II and the west line of said 103.4117 acre tract,
600	600	a distance of 266.23 feet to the southeast corner of said Venable
601	601	Parcel One, Tract II and the most westerly southwest corner of said
602	602	103.4117 acre tract, said point being in the north line of said
603	603	Venable Parcel One, Tract I;
604	604	THENCE North 85°40'16" East, along the north line of said Venable
605	605	Parcel One, Tract I and a south line of said 103.4117 acre tract, a
606	606	distance of 774.60 feet to a concrete monument found for the
607	607	northeast corner of said Venable Parcel One, Tract I and an ell
608	608	corner of said 103.4117 acre tract;
609	609	THENCE South 00°41'49" East, along the east line of said Venable
610	610	Parcel One, Tract I and a west line of said 103.4117 acre tract, a
611	611	distance of 427.62 feet to the northwest corner of said Venable
612	612	Exhibit "A-7" First Tract and the most southerly southwest corner
613	613	of said 103.4117 acre tract;
614	614	THENCE North 89°37'44" East, along the north line of said Venable
615	615	Exhibit "A-7" First Tract and the south line of said 103.4117 acre
616	616	tract, passing at a distance of 25.00 a concrete monument found, and
617	617	continuing for a total distance of 1995.90 feet to a concrete
618	618	monument found for the northeast corner of said Venable Exhibit
619	619	"A-7" First Tract and the southeast corner of said 103.4117 acre
620	620	tract, said corner being in the west line of said Venable Exhibit
621	621	"A-7" Second Tract;
622	622	THENCE North 00°17'05" East, along the west line of said Venable
623	623	Exhibit "A-7" Second Tract and the east line of said 103.4117 acre
624	624	tract, a distance of 788.98 feet to a wood corner post found for the
625	625	northwest corner of said Venable Exhibit "A-7" Second Tract and an
626	626	ell corner of said 103.4117 acre tract;
627	627	THENCE South 89°29'26" East, along the north line of said Venable
628	628	Exhibit "A-7" Second Tract and a south line of said 103.4117 acre
629	629	tract, passing at a distance of 99.73 feet a wood corner post found
630	630	for the most easterly southeast corner of said 103.4117 acre tract
631	631	and the southwest corner of a called 51.9010 acre tract of land
632	632	conveyed to Helen K. McGraw, by deed recorded in County Clerk's File
633	633	No. 94-R0085683, D.R.D.C.T., and continuing along said north line
634	634	and the south line of said 51.9010 acre tract, for a total distance
635	635	of 1357.89 feet to a 1/2 inch iron rod found for the northeast
636	636	corner of said Venable Exhibit "A-7" Second Tract, the northwest
637	637	corner of said Venable Exhibit "A-1" Ninth Tract, the southeast
638	638	corner of said 51.9010 acre tract, and the southwest corner of Lot
639	639	28 of Yellow Rose Estates Subdivision, an addition to Denton
640	640	County, Texas according to the plat recorded in Cabinet L, Page 177,
641	641	M.R.D.C.T.;
642	642	THENCE South 88°46'23" East, along the north line of said Venable
643	643	Exhibit "A-1" Ninth Tract and the south line of said Yellow Rose
644	644	Estates Subdivision, a distance of 1323.42 feet to a 1/2 inch iron
645	645	rod found for the northeast corner of said Venable Exhibit "A-1"
646	646	Ninth Tract and the northwest corner of Lot 10 of St. John's Place,
647	647	an addition to Denton County, Texas according to the plat recorded
648	648	in Cabinet L, Page 119, M.R.D.C.T.;
649	649	THENCE South 00°48'05" West, along the east line of said Venable
650	650	Exhibit "A-1" Ninth Tract and the west line of said St. John's
651	651	Place, a distance of 1315.38 feet to a 1/2 inch iron rod found for
652	652	the southeast corner of said Venable Exhibit "A-1" Ninth Tract, the
653	653	northeast corner of said Venable Exhibit "A-1" Tenth Tract, the
654	654	northwest corner of said Venable Exhibit "A-1" Twenty-Fifth Tract,
655	655	and the southwest corner of Lot 9 of said St. John's Place;
656	656	THENCE South 88°50'34" East, along the north line of said Venable
657	657	Exhibit "A-1" Twenty-Fifth Tract and the south line of said St.
658	658	John's Place, a distance of 978.68 feet to metal corner post found
659	659	for the southeast corner of Lot 8 of said St. John's Place, and the
660	660	southwest corner of a called 129.223 acre tract of land conveyed to
661	661	Texas Motor Speedway, Inc. d/b/a Texas International Raceways, by
662	662	deed recorded in County Clerk's File No. 96-R0079309, D.R.D.C.T.;
663	663	THENCE South 88°46'04" East, along the north lines of said Venable
664	664	Exhibit "A-1" Twenty-Fifth Tract and Twenty-Sixth Tract and the
665	665	south line of said 129.223 acre tract, a distance of 1653.96 feet to
666	666	a metal corner post found for the northeast corner of said Venable
667	667	Exhibit "A-1" Twenty-Sixth Tract and the southeast corner of said
668	668	129.223 acre tract, said corner being in the west line of a called
669	669	71.114 acre tract of land, File No. F0072.00, conveyed to The Rudman
670	670	Partnership, by deed recorded in Volume 2844, Page 42,
671	671	R.P.R.D.C.T.;
672	672	THENCE South 01°46'53" West, along the east line of said Venable
673	673	Exhibit "A-1" Twenty-Sixth Tract and the west line of said 71.114
674	674	acre tract, passing at a distance of 789.91 feet a 1/2 inch iron rod
675	675	found for the southwest corner of said 71.114 acre tract and the
676	676	northwest corner of a called 61.36 acre tract of land conveyed to
677	677	Michelle Lynette Roberts, by deed recorded in Instrument No.
678	678	2008-40245, O.R.D.C.T., and continuing along said east line and the
679	679	west line of said 61.36 acre tract, for a total distance of 1296.74
680	680	feet to a wood corner post found for the southeast corner of said
681	681	Venable Exhibit "A-1" Twenty-Sixth Tract and the most westerly
682	682	southwest corner of said 61.36 acre tract, said corner being in the
683	683	north line of said Venable Exhibit "A-2" Third Tract;
684	684	THENCE along the north line of said Venable Exhibit "A-2" Third
685	685	Tract and the south line of said 61.36 acre tract, the following
686	686	courses and distances:
687	687	North 89°02'25" East, a distance of 1193.53 feet to a wood
688	688	corner post found for corner;
689	689	South 03°32'32" West, a distance of 565.50 feet to a wood
690	690	corner post found for corner;
691	691	South 85°40'05" East, passing at a distance of 1460.68 feet a
692	692	wood corner post found fort the most northerly northeast corner of
693	693	said Venable Exhibit "A-2" Third Tract, the northwest corner of
694	694	said Venable Exhibit "A-3", 24 acre tract, the most southerly
695	695	southeast corner of said 61.36 acre tract, and the most westerly
696	696	southwest corner of a called 18.78 acre tract of land conveyed to
697	697	Zandra Bean, by deed recorded in Volume 4229, Page 2901,
698	698	R.P.R.D.C.T., and continuing along the south line of said 18.78
699	699	acre tract for a total distance of 1552.99 feet to a wood corner
700	700	post found for and ell corner of said 18.78 acre tract;
701	701	THENCE South 02°38'27" West, along a west line of said 18.78 acre
702	702	tract, a distance of 210.21 feet to a wood corner post found for the
703	703	most southerly southwest corner of said 18.78 acre tract;
704	704	THENCE South 87°34'17" East, along the south line of said 18.78 acre
705	705	tract, a distance of 925.13 feet to a 5/8 inch iron rod found for the
706	706	southeast corner of said 18.78 acre tract, said corner being in the
707	707	west line of said Venable 10.69 acre tract, and being in the
708	708	approximate centerline of Massey Road;
709	709	THENCE North 04°51'52" East, with the approximate centerline of said
710	710	Massey Road, and along the west line of said Venable 10.69 acre
711	711	tract and east line of said 18.78 acre tract, a distance of 228.51
712	712	feet to the northwest corner of said Venable 10.69 acre tract, from
713	713	which a 1/2 inch iron rod found bears North 87°55'27" West a distance
714	714	of 6.38 feet;
715	715	THENCE South 87°55'27" East, along the north line of said Venable
716	716	10.69 acre tract, passing at a distance of 24.76 feet a 1/2 inch
717	717	iron rod found in the east line of said Massey Road, and continuing
718	718	for a total distance of 526.66 feet to the POINT OF BEGINNING and
719	719	containing 2521.094 acres or 109,818,863 square feet of land, more
720	720	or less.
721	721	SAVE AND EXCEPT THE FOLLOWING TRACTS A, B, and C:
722	722	TRACT A
723	723	Being a tract of land situated in the J. Moses Survey, Abstract No.
724	724	894 and the N. McMillan Survey, Abstract No. 841, Denton County,
725	725	Texas, and consisting of the following; those tracts of land
726	726	conveyed to Patricia Ann Harmon Brockett, a 105 foot by 210 foot
727	727	tract, called Tract 1, a called 27.20 acre tract, called Tract 2,
728	728	and a called 26.23 acre tract, called Tract 3, by deed recorded in
729	729	Instrument No. 2011-9037, O.R.D.C.T.; a called 27.20 acre tract of
730	730	land conveyed to Willie Pearlene Harmon Johnson by deed recorded in
731	731	Volume 5033, Page 3166, R.P.R.D.C.T.; a called 0.5 acre tract of
732	732	land conveyed to J. R. Johnson and wife, Pearlene Johnson by deed
733	733	recorded in Volume 400, Page 32, D.R.D.C.T.; a called 1.000 acre
734	734	tract of land conveyed to Pearlene Johnson, et ux by deed recorded
735	735	in Volume 794, Page 219, D.R.D.C.T.; a called 1.001 acre tract of
736	736	land conveyed in deed to J.S. Dubose and/or Lee J. Brookshire, Jr.,
737	737	Trustees, by deed recorded in Volume 2015, Page 147, R.P.R.D.C.T.;
738	738	a called 3.046 acre tract of land conveyed to Tracy Glenn Henderson
739	739	and Linda Gail Henderson by deed recorded in Volume 4897, Page 3357,
740	740	R.P.R.D.C.T.; a called 1.001 acre tract of land conveyed to Michael
741	741	J. Behrend by deed recorded in Volume 3016, Page 596, R.P.R.D.C.T.;
742	742	a called 5.061 acre tract of land conveyed to Michael Jon Behrend by
743	743	deed recorded in County Clerk's File No. 94-R0003414, D.R.D.C.T.; a
744	744	called 1.000 acre tract of land conveyed to Brad Hines and Margaret
745	745	Hines by deed recorded in Volume 4991, Page 695, R.P.R.D.C.T.; the
746	746	remainder of a called 29.553 acre tract of land conveyed to L.Z.
747	747	Harmon, Sr., by deed recorded in Volume 5033, Page 3143,
748	748	R.P.R.D.C.T.; a called 2.116 acre tract of land conveyed to Wade
749	749	Franklin Lewis and Harry Lou Lewis, husband and wife, by deed
750	750	recorded in County Clerk's File No. 94-R008814, D.R.D.C.T.; a
751	751	called 1.000 acre tract of land, called Tract 1 and a called 1.00
752	752	acre tract of land, called Tract 2, conveyed to Brad Hines and Wife,
753	753	Margaret Hines, by deed recorded in Volume 4401, Page 1042,
754	754	R.P.R.D.C.T.; a called 1.000 acre tract of land conveyed to Hugo E.
755	755	Richter, Jr. and Wife, Jolene J., by deed recorded in Volume 733,
756	756	Page 574, D.R.D.C.T.; a called 1.01 acre tract of land conveyed to
757	757	Carol Puckett by deed recorded in Instrument No. 2007-96075,
758	758	R.P.R.D.C.T.; a called 0.724 acre tract of land conveyed to Marcus
759	759	Wayne Pierce, et ux, by deed recorded in Instrument No.
760	760	2004-104661, O.R.D.C.T.; a tract of land conveyed to Kenneth W.
761	761	Wilson and Wife, Carolyn Wilson by deed recorded in Volume 4873,
762	762	Page 2682, R.P.R.D.C.T.; a called 3.00 acre tract of land conveyed
763	763	to George Wayne Pierce and Wife, Sue Pierce by deed recorded in
764	764	Volume 719, Page 602, D.R.D.C.T.; a called 1.269 acre tract of land
765	765	conveyed to Kenneth W. Wilson and Wife, Carolyn Wilson by deed
766	766	recorded in Document No. 2011-95837, O.R.D.C.T.; and a called 0.254
767	767	acre tract of land conveyed to Black Rock Water Supply Corporation
768	768	by deed recorded in Volume 1788, Page 989, R.P.R.D.C.T., and being
769	769	more particularly described as follows:
770	770	BEGINNING at a 1/2 inch iron rod with yellow plastic cap stamped "H &
771	771	N 1849" found for the northwest corner of said 27.20 acre Patricia
772	772	Ann Harmon Brockett tract, called Tract 2, and the southwest corner
773	773	of the above mentioned 27.20 acre tract of land conveyed to Venable
774	774	Roaylty, Ltd., by deed recorded in Volume 5076, Page 822,
775	775	R.P.R.D.C.T. and to Venable Estate, Ltd., by deed recorded in
776	776	Instrument No. 2004-101157, O.R.D.C.T., said corner being in the
777	777	east line of the above mentioned Venable Exhibit "A-1"
778	778	Twenty-First Tract;
779	779	THENCE North 89°20'09" East, a distance of 1045.44 feet to a 1/2 inch
780	780	iron rod with yellow plastic cap stamped "H & N 1849" found for the
781	781	southeast corner of said Venable 27.20 acre tract, said corner
782	782	being in the west line of said 26.23 acre Patricia Ann Harmon
783	783	Brockett tract, called Tract 3;
784	784	THENCE North 0°38'15" West, along the east line of said Venable
785	785	27.20 acre tract and the west line of said 26.23 acre tract, a
786	786	distance of 1112.40 feet to the northeast corner of said Venable
787	787	27.20 acre tract and northwest corner of said 26.23 acre tract, said
788	788	corner being in the south line of the above mentioned Venable
789	789	Exhibit "A-8", 54.089 acre tract, being the same as the above
790	790	mentioned Venable 54.08 acre tract recorded in Volume 4867, Page
791	791	3255, R.P.R.D.C.T.;
792	792	THENCE South 88°18'52" East, along the south line of said Venable
793	793	Exhibit "A-8", 54.089 acre tract and the north line of said 26.23
794	794	acre tract, a distance of 907.17 feet to the southeast corner of
795	795	said Venable Exhibit "A-8", 54.089 acre tract and the northeast
796	796	corner of said 26.23 acre tract, said corner being in the west line
797	797	of the above mentioned Venable Exhibit "A-2" Second Tract;
798	798	THENCE South 0°33'39" West, along the west line of said Venable
799	799	Exhibit "A-2" Second Tract and the east line of said 26.23 acre
800	800	tract, a distance of 1151.30 feet to a wood corner post found for
801	801	the southwest corner of said Venable Exhibit "A-2" Second Tract and
802	802	the northwest corner of said Harmon 29.553 acre tract;
803	803	THENCE South 88°23'05" East, along the south line of said Venable
804	804	Exhibit "A-2" Second Tract and the north line of said 29.553 acre
805	805	tract, a distance of 555.23 feet to a 1/2 inch iron rod found for the
806	806	most westerly northeast corner of said 29.553 acre tract and the
807	807	northwest corner of said Pierce 3.00 acre tract;
808	808	THENCE South 88°18'08" East, continuing along the south line of said
809	809	Venable Exhibit "A-2" Second Tract and the north line of said Pierce
810	810	3.00 acre tract, a distance of 626.29 feet to a 1/2 inch iron rod
811	811	found for the northeast corner of said Pierce 3.00 acre tract and
812	812	the northwest corner of said Wilson 1.269 acre tract;
813	813	THENCE South 88°04'56" East, continuing along the south line of said
814	814	Venable Exhibit "A-2" Second Tract and the north lines of said
815	815	Wilson 1.269 acre tract and said Black Rock Water Supply
816	816	Corporation 0.254 acre tract, a distance of 365.79 feet to a wood
817	817	corner post found for the northeast corner of said Black Rock Water
818	818	Supply Corporation 0.254 acre tract and the northwest corner of the
819	819	above mentioned Venable Exhibit "A-6" 70 acre tract;
820	820	THENCE South 01°20'17" West, along the west line of said Venable
821	821	Exhibit "A-6" 70 acre tract and the east lines of said Black Rock
822	822	Water Supply Corporation 0.254 acre tract, said Harmon 29.553 acre
823	823	tract, and said Pierce 0.724 acre tract, passing at a distance of
824	824	1388.97 feet a 1/2 inch iron rod found in the north line of Richter
825	825	Road for the southeast corner of said Pierce 0.724 acre tract, and
826	826	continuing along said west line for a total distance of 1413.97 feet
827	827	to the southwest corner of said Venable Exhibit "A-6" 70 acre tract,
828	828	said corner being in the north line of the above mentioned Venable
829	829	Exhibit "A-1" Twenty-Fourth Tract;
830	830	THENCE North 88°16'47" West, along the north line of said Venable
831	831	Exhibit "A-1" Twenty-Fourth Tract, a distance of 1403.72 feet to
832	832	the most southerly southeast corner of said Lewis 2.116 acre tract,
833	833	from which a 1/2 inch iron rod found in the north line of Richter
834	834	Road bears North 00°28'03" East a distance of 25.01 feet;
835	835	THENCE North 88°01'16" West, continuing along the north line of said
836	836	Venable Exhibit "A-1" Twenty-Fourth Tract and the south lines of
837	837	said Lewis 2.116 acre tract, said Johnson 0.5 acre tract, and said
838	838	Johnson 27.20 acre tract, a distance of 2024.03 feet to a wood
839	839	corner post found for the southwest corner of said Johnson 27.20
840	840	acre tract, the northwest corner of said Venable Exhibit "A-1"
841	841	Twenty-Fourth Tract, the northeast corner of the above mentioned
842	842	Venable Exhibit "A-1" Eighth Tract, and the southeast corner of
843	843	said Venable Exhibit "A-1" Twenty-First Tract;
844	844	THENCE North 00°39'41" West, along the east line of said Venable
845	845	Exhibit "A-1" Twenty-First Tract and the west lines of said Johnson
846	846	27.20 acre tract and said 27.20 acre Patricia Ann Harmon Brockett
847	847	tract, a distance of 1401.57 feet to the POINT OF BEGINNING and
848	848	containing 135.931 acres or 5,921,167 square feet of land, more or
849	849	less.
850	850	TRACT B
851	851	Being a tract of land situated in the George Smith Survey, Abstract
852	852	No. 1219, Denton County, Texas, and being described as a 210 foot by
853	853	210 foot tract of land conveyed to Faith Assembly Church by deed
854	854	recorded in Instrument No. 2004-26872, O.R.D.C.T., and being more
855	855	particularly described as follows:
856	856	BEGINNING at the northeast corner of said Church tract, from which a
857	857	wood corner post found bears South 89°52'15" East a distance of
858	858	130.00 feet;
859	859	THENCE South 00°07'45" West, along the east line of said Church
860	860	tract, passing at a distance of 203.40 feet a wood corner post found
861	861	in the north line of Black Jack Road, and continuing along said east
862	862	line for a total distance of 210.00 feet to the southeast corner of
863	863	said Church tract;
864	864	THENCE North 89°52'15" West, along the south line of said Church
865	865	tract, a distance of 210.00 feet to the southwest corner of said
866	866	Church tract, said corner being in the approximate centerline of
867	867	Harmon Road;
868	868	THENCE North 00°07'45" East, with the approximate centerline of
869	869	Harmon Road and along the west line of said Church tract, a distance
870	870	of 210.00 feet to the northwest corner of said Church tract;
871	871	THENCE South 89°52'15" East, along the north line of said Church
872	872	tract, a distance of 210.00 feet to the POINT OF BEGINNING and
873	873	containing 1.012 acres or 44,100 square feet of land, more or less.
874	874	TRACT C
875	875	Being a tract of land situated in the J. Moses Survey, Abstract No.
876	876	894, Denton County, Texas, and being all of a called 2 acre tract of
877	877	land, conveyed to Trustees of Wilson Cemetery by deed recorded in
878	878	Volume 57, Page 402, D.R.D.C.T., and being more particularly
879	879	described as follows:
880	880	BEGINNING at a chain link fence corner post found for the northwest
881	881	corner of said Cemetery tract and the southwest corner of the above
882	882	mentioned Venable Exhibit "A-1" Twenty-Second Tract, said corner
883	883	being in the east line of the above mentioned Venable Exhibit "A-1"
884	884	Fourteenth Tract;
885	885	THENCE North 89°39'39" East, along the north line of said Cemetery
886	886	tract and the south line of said Venable Exhibit "A-1"
887	887	Twenty-Second Tract; passing at a distance of 288.86 feet a chain
888	888	link fence corner post found and continuing for a total distance of
889	889	305.55 feet to the northeast corner of said Cemetery tract, the
890	890	southwest corner of the above mentioned Venable Exhibit "A-1"
891	891	Twenty-First Tract, and the northwest corner of the above mentioned
892	892	Exhibit "A-1" Eighth Tract;
893	893	THENCE South 00°20'21" East, along the east line of said Cemetery
894	894	tract and the west line of said Venable Exhibit "A-1" Eighth Tract,
895	895	a distance of 285.28 feet to the southeast corner of said Cemetery
896	896	tract and the most easterly northeast corner of said Venable
897	897	Exhibit "A-1" Fourteenth Tract;
898	898	THENCE South 89°39'39" West, along the south line of said Cemetery
899	899	tract and a north line of said Venable Exhibit "A-1" Fourteenth
900	900	Tract; a distance of 305.55 feet to the southwest corner of said
901	901	Cemetery tract and an ell corner of said Venable Exhibit "A-1"
902	902	Fourteenth Tract, from which a chain link fence corner post found
903	903	bears North 30°04'24" East a distance of 9.80 feet;
904	904	THENCE North 00°20'21" West, along the west line of said Cemetery
905	905	tract and the east line of said Venable Exhibit "A-1" Fourteenth
906	906	Tract, a distance of 285.28 feet to the POINT OF BEGINNING and
907	907	containing 2.001 acres or 87,168 square feet of land, more or less.
908	908	________________________________________________________________
909	909	____________
910	910	VENABLE PROPERTY DESCRIPTION
911	911	TRACT 2
912	912	Being a tract of land situated in the T. Chambers Survey, Abstract
913	913	No. 223, Denton County, Texas, and being all the following tracts of
914	914	land conveyed to Venable Royalty, Ltd.; a called 4.37 acre tract of
915	915	land by deed recorded in Instrument No. 2003-193459 of the Official
916	916	Records of Denton County, Texas, and all of a called 4.35 acre tract
917	917	of land by deed recorded in Volume 4952, Page 1406 of the Real
918	918	Property Records of Denton County, Texas, and being more
919	919	particularly described as follows:
920	920	BEGINNING at a wood corner post found for the northwest corner of
921	921	said 4.35 acre tract and the southwest corner of a called 2.726 acre
922	922	tract of land conveyed to Dennard's Farm Supply Incorporated by
923	923	deed recorded in Instrument No. 2009-52074 of the Official Records
924	924	of Denton County, Texas, said corner being in the east line of the
925	925	Texas and Pacific Railway Company right-of-way (80 foot wide
926	926	right-of-way);
927	927	THENCE South 87°59'39" East, along the north line of said 4.35 acre
928	928	tract and the south line of said 2.726 acre tract, a distance of
929	929	307.30 feet to the northeast corner of said 4.35 acre tract and the
930	930	southeast corner of said 2.726 acre tract, said corner being in the
931	931	west right-of-way line of State Highway 377 (a 120 foot wide
932	932	right-of-way), from which a metal corner post found bears North
933	933	87°59'39" West a distance of 1.44 feet, said point also being at the
934	934	beginning of a non-tangent curve to the right;
935	935	THENCE along the west right-of-way line of State Highway 377, the
936	936	following courses and distances:
937	937	Southwesterly, along said non-tangent curve to the right
938	938	having a central angle of 02°03'24", a radius of 5669.58 feet, a
939	939	chord bearing of South 03°44'56" West, a chord distance of 203.52
940	940	feet, passing at an arc length of 203.12 feet a wood highway marker
941	941	found for the southeast corner of said 4.35 acre tract and being at
942	942	the intersection of the west right-of-way line of State Highway 377
943	943	with the northwesterly right-of-way line of Farm to Market 3524 (a
944	944	80 foot wide right-of-way), and continuing for a total an arc length
945	945	of 203.53 feet to the end of said curve;
946	946	South 04°46'38" West, passing at a distance of 570.19 feet the
947	947	northeast corner of said 4.37 acre tract, from which a 60d nail
948	948	found bears South 85°13'22" East a distance of 1.33 feet, and
949	949	continuing for a total distance of 1120.24 feet to the southeast
950	950	corner of said 4.37 acre tract, from which a 1/2 inch iron rod found
951	951	bears North 88°16'01" West a distance of 1.06 feet;
952	952	THENCE North 88°16'01" West, along the south line of said 4.37 acre
953	953	tract, a distance of 387.22 feet to the southwest corner of said
954	954	4.37 acre tract, said corner being in the east line of said Texas
955	955	and Pacific Railway Company right-of-way, from which a 1/2 inch
956	956	iron rod found bears North 88°16'01" West a distance of 1.30 feet,
957	957	said point also being at the beginning of a non-tangent curve to the
958	958	left;
959	959	THENCE along the west lines of said 4.35 acre tract and said 4.37
960	960	acre tract and the east line of said Texas and Pacific Railway
961	961	Company right-of-way, the following courses and distances:
962	962	Northeasterly along said non-tangent curve to the left having
963	963	a central angle of 03°06'33", a radius of 5779.58 feet, a chord
964	964	bearing of North 09°14'29" East, a chord distance of 313.59 feet,
965	965	and an arc length of 313.63 feet to the end of said curve;
966	966	North 07°41'12" East, passing at a distance of 91.78 feet the
967	967	northwest corner of said 4.37 acre tract in the southeasterly line
968	968	of said Farm to Market 3524, and passing at a distance of 204.92
969	969	feet a 1/2 inch iron rod with red plastic cap stamped "ALLIANCE"
970	970	found for the most southerly corner of said 4.35 acre tract in the
971	971	northwesterly right-of-way line of said Farm to Market 3524, and
972	972	continuing for a total distance of 1018.10 feet to the POINT OF
973	973	BEGINNING and containing 10.487 acres or 456,819 square feet of
974	974	land, more or less.
975	975	This document was prepared under 22 TAC §663.21, does not reflect
976	976	the results of an on the ground survey, and is not to be used to
977	977	convey or establish interests in real property except those rights
978	978	and interests implied or established by the creation or
979	979	reconfiguration of the boundary of the political subdivision for
980	980	which it was prepared.
981	981	SECTION 3. (a) The legal notice of the intention to
982	982	introduce this Act, setting forth the general substance of this
983	983	Act, has been published as provided by law, and the notice and a
984	984	copy of this Act have been furnished to all persons, agencies,
985	985	officials, or entities to which they are required to be furnished
986	986	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
987	987	Government Code.
988	988	(b) The governor, one of the required recipients, has
989	989	submitted the notice and Act to the Texas Commission on
990	990	Environmental Quality.
991	991	(c) The Texas Commission on Environmental Quality has filed
992	992	its recommendations relating to this Act with the governor, the
993	993	lieutenant governor, and the speaker of the house of
994	994	representatives within the required time.
995	995	(d) All requirements of the constitution and laws of this
996	996	state and the rules and procedures of the legislature with respect
997	997	to the notice, introduction, and passage of this Act are fulfilled
998	998	and accomplished.
999	999	SECTION 4. (a) If this Act does not receive a two-thirds
1000	1000	vote of all the members elected to each house, Subchapter C, Chapter
1001	1001	8469, Special District Local Laws Code, as added by Section 1 of
1002	1002	this Act, is amended by adding Section 8469.109 to read as follows:
1003	1003	Sec. 8469.109. NO EMINENT DOMAIN POWER. The district may
1004	1004	not exercise the power of eminent domain.
1005	1005	(b) This section is not intended to be an expression of a
1006	1006	legislative interpretation of the requirements of Section 17(c),
1007	1007	Article I, Texas Constitution.
1008	1008	SECTION 5. This Act takes effect September 1, 2013.