05-61 - R TOWN OF PROSPER,TEXAS RESOLUTION NO.05-61
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO
EXECUTE A SETTLEMENT AGREEMENT BETWEEN THE TOWN OF PROSPER,
TEXAS; FISHTRAP PROPERTIES, LTD; AND MUSTANG SPECIAL UTILITY
DISTRICT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute, on behalf
of the Town Council of the Town of Prosper, Texas, a Settlement Agreement between the Town of Prosper,
Texas; Fishtrap Properties, Ltd; and the Mustang Special Utility District.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 261h day of July,2005.
0. ,4 . - /
Chrles NKWa"`rger, or
ATTEST TO:
Shanae Jennings wn Secret
Ar
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 20 13 00009124
Instrument Number: 2006-9124
As
Recorded On: January 25, 2006 Agreement
Parties: TOWN OF PROSPER Billable Pages: 13
To Number of Pages: 13
Comment:
** Examined and Charged as Follows: **
Agreement 64.00
Total Recording: 64.00
************ THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2006-9124
Receipt Number: 259475 TOWN OF PROSPER
Recorded Date/Time: January 25, 2006 10:43A P.O. BOX 307
D MOUSEL
User/Station: J Morris -Cash Station 1 PROSPER TX 75078
THE STATE OF TEXAS)
r�' COUNTY OF DENTON }
f / ji e I hereby certify that this instrument was FILED in the File Number sequence on the date/time
printed heron,and was duly RECORDED In the Official Records of Denton County,Texas.
40• County Clerk
~refs`' Denton County, Texas
aon C& TrC)--,P,0-r
STATE OF TEXAS § �-' Cj
COUNTY OF DENTON §
SETTLEMENT AGREEMENT
This Settlement Agreement (the "Agreement") is entered into among the Town of Prosper,
Texas (the "Town"), Fishtrap Properties, Ltd. ("Developer ), and Mustang Special Utility
District ("Mustang") (individually a "EgM�" and collectively the "Parties") on the Effective
Date.
WHEREAS,the Town is a Texas general law municipality; and
WHEREAS,Developer is a Texas limited partnership; and
WHEREAS, Mustang is a special utility district and political subdivision of the State of
Texas created by the Texas Commission on Environmental Quality (the "Commission")
pursuant to the Texas Water Code;and
WHEREAS, Developer is the owner of approximately 107.6 acres of land located in Denton
County, Texas and described on the attached Exhibits A and B and commonly known as
Glenbrook Estates(the"Property"); and
WHEREAS, the Property is located wholly within the extraterritorial jurisdiction ("ETJ") of
the Town;and
WHEREAS, the Property is currently subject to that certain preliminary plat prepared by
Petitt and Associates, Inc. and approved by the Town Council of the Town on June 28, 2005
(the"Approved Preliminary Plat"); and
WHEREAS, Mustang and Developer entered into Non-Standard Service Contracts(effective
November 18, 2003, and approved by resolutions of the Board of Directors of Mustang on
December 15, 2003) pursuant to which Mustang agreed to provide water and sewer service
for the development of Phase I and Phase II of Glenbrook Estates (the "Mustang Service
Contracts"); and
WHEREAS, on July 9, 2004, the Town Council approved the final plat for Phase I of
Glenbrook Estates containing approximately 44.3 acres(the"Phase I Final Plat");and
WHEREAS, the Town has made application to the Commission to obtain certificates of
convenience and necessity ("CCN") to provide retail water and sewer service to an area that
includes the Property; and
WHEREAS, on November 14, 2003, the Commission issued to the Town a CCN to provide
retail water service to an area that includes the Property(the"Water CCN"); and
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WHEREAS, the Town is currently pursuing the issuance of a CCN to provide retail sewer
service to an area that includes the Property (the "Sewer CCN Application"); and
WHEREAS, Mustang has made application to the Commission to obtain CCNs to provide
retail water and sewer service to an area that includes the Property (the "Mustang CCN
Applications"); and
WHEREAS, Mustang notified the Commission that it withdrew the Mustang CCN
Applications on September 7, 2004; and
WHEREAS, Developer is currently opposing the Sewer CCN Application and has filed suit
in the district court of Travis County, Texas (Cause No. GN3-04709) opposing the Water
CCN; and
WHEREAS, Mustang and Developer executed Revised Non-Standard Service Contracts and
approved by resolutions of the Board of Directors of Mustang on September 19, 2005,
pursuant to which Mustang agreed to provide water and sewer service for the development of
Phase I and Phase II of Glenbrook Estates (the "Revised Mustang Service Contracts"); and
WHEREAS, the Town currently is pursuing a cease and desist action against Mustang for the
provision of water service to the Property, SOAH Docket No. 582-05-3783 and TCEQ
Docket No. 2004-1792-UCR, which is being opposed by Developer and Mustang ("Cease
and Desist Action"); and
WHEREAS, the Parties desire to settle their disputes with respect to the Sewer CCN
Application, the Water CCN, and the Cease and Desist Action and with respect to the rights
of Mustang and the Town to provide water and sewer service for the development of the
Property; and
WHEREAS, the Town and Developer further desire, as part of such settlement, to agree upon
the standards by which the Property will be developed and the process by which the Property
will be annexed into the corporate limits of the Town.
NOW THEREFORE, in consideration for the mutual promises of the Parties set forth in this
Agreement and for other good and valuable consideration the receipt and adequacy of which
are acknowledged, the Parties agree as follows:
1. Developer agrees to withdraw its opposition to and support the Sewer CCN
Application; which withdrawal and support shall be provided in writing to the Commission
and the State Office of Administrative Hearings within three (3) days after the later to occur
of the Effective Date or the date on which the Interlocal Agreement (hereinafter defined) has
been executed by Mustang and the Town.
2. Mustang agrees to support the Sewer CCN Application.
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3. Mustang and Developer agree to dismiss with prejudice the Travis County lawsuit
(Cause No. GN3-04709) within three (3) days after the later to occur of the Effective Date or
the date on which the Interlocal Agreement has been executed by Mustang and the Town.
4. Mustang acknowledges that it has withdrawn the Mustang CCN Applications.
5. The Town shall withdraw its Cease and Desist Action within three (3) days after the
later to occur of the Effective Date or the date on which the Interlocal Agreement has been
executed by Mustang and the Town.
6. Water and Sewer Service by Mustang. The Parties agree that Mustang shall have the
right to provide water and sewer service to the Property in accordance with the Revised
Mustang Service Contracts from and after the Effective Date and to that end, Mustang and
the Town shall enter into an Interlocal Agreement pursuant to the authority of Section 13.248
of the Texas Water Code and Chapter 791 of the Texas Government Code (the "Interlocal
Agreement"). The Town shall have the option to provide water and sewer service to the
Property upon the condition that the Town: (a) give at least one-year's prior written notice to
Mustang of the Town's intent to exercise its option; (b) pays all of the expenses associated
with the transfer of water and sewer service to the Property from Mustang to the Town; and
(c) pay Mustang for the excess treated potable water capacity charges that may accrue to
Mustang under its contractual commitments to the Upper Trinity Regional Water District if
the Town exercises its option prior to the tenth (10th) anniversary of this Agreement. Until
such time as the Town exercises its option, Mustang shall retain title to all water and sewer
facilities within the Property, shall operate and maintain all such facilities, and shall retain all
revenues that result from providing water and sewer service to the Property. If the Town
exercises its option, pays the expenses related to the transfer, and prepares all of the
necessary documents to transfer all of the water and sewer facilities within the Property from
Mustang to the Town, then Mustang shall take all reasonably necessary actions and execute
all documents reasonable necessary to transfer such water and sewer facilities to the Town
"AS IS' without warranty or recourse; and from and after such transfer, the Town shall be
responsible for the operation and maintenance of such facilities and shall retain all revenues
that result from providing water and sewer service to the Property. If the Town acquires the
right to provide water and sewer service to the Property pursuant to this Section, the
customers transferred to the Town shall not be charged any transfer fee, except for usual
water and sewer rates charged by the Town to its customers. If the Town acquires the right
to provide water and sewer service to the Property pursuant to this Section, no impact fees
(or other similar capital recovery charges) shall be imposed by the Town as a condition to
providing such service. The Town will not acquire any water or wastewater treatment
capacity used by Mustang to provide water or sewer service to the Property.
7. As partial consideration for the settlement of the disputes with respect to the Sewer
CCN Application and Water CCN, Developer agrees to pay the Town the sum of$16,600.00
within three (3) days after the later to occur of the Effective Date or the date on which the
Interlocal Agreement (hereinafter defined) has been executed by Mustang and the Town.
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8. Applicable Rei?ulations. The Property shall be developed in accordance with the
following regulations (collectively, the "Applicable Regulations"):
(a) the Approved Preliminary Plat and the Phase I Final Plat; and
(b) any other approved final plat in effect at the time any portion of the Property
is developed; and
(c) the following international and national codes and any amendment or
successor thereto adopted by ordinance of the Town Council: 2003
International Building Code; 2003 International Plumbing Code; 2003
International Mechanical Code; 2003 International Fuel Gas Code; 2003
International Energy Conservation Code; 2003 International Residential Code;
2003 National Electrical Code; and 2003 International Fire Code; and
(d) the Town of Prosper Subdivision Ordinance No. 03-05 approved by the Town
Council February 18, 2003; and
(e) except as otherwise provided by subsection "(e)" below, with respect to the
portion of the Property being developed for residential uses, the provisions of
the Zoning Ordinance of the Town of Prosper, Texas as of July 9, 2004, that
apply to SF-3 residential zoning;
(f) notwithstanding anything to the contrary contained in the above-referenced
Zoning Ordinance, the following regulations shall apply to the development of
the Property: (1) the minimum front yard shall be 20 feet; (2) the minimum
side yard shall be five (5) feet; (3) the minimum rear yard shall be seven (7)
feet; (4) the maximum building coverage shall be 50% plus an additional 15%
coverage for accessory buildings such as garages, carports, and storage
buildings; (5) the minimum enclosed heated living area per dwelling unit shall
be 1,200 square feet; (6) the maximum height of any building or structure
shall be 21/2 stories; and (7) exterior wall construction , including windows and
doors and below the first floor ceiling plate line, shall consist of not less than
75% masonry construction, with no single wall face of any residence
containing less than 50% of its exposed surface masonry construction
(including stone, brick, concrete, hollow clay tile, concrete block or tile, or
other similar building units or materials or combination of these materials laid
up by unit and set in mortar•, and including brick veneer, stucco, glass and all
doors); and
(g) Developer shall pay park improvement fees of$1,000.00 per lot at the time of
final acceptance of subdivision improvements by the Town Council; and
(h) Developer shall pay park dedication fees by dedicating five percent (5%) of
the platted acreage to the Town or paying 5.25 acres multiplied by the
appraised per acre value of $25,025.00 to the Town at the time of final
acceptance of subdivision improvements by the Town Council; and
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(i) Developer shall pay thoroughfare impact fees in the amount of$278.85 per lot
at the time of final acceptance of subdivision improvements by the Town
Council...; and
(j) The approximately 2.58 acres of the Property located at the southeast corner
of Fishtrap Road and CR 1385 and more particularly described on the attached
Exhibit B may be developed to include all retail uses allowed by the Prosper
Regulations as of July 9, 2004.
Except as provided above, the ordinances, resolutions, codes, rules, regulations, standards,
policies and guidelines of the Town in effect on July 9, 2004 shall apply to the development
of the Property (the "Prosper Regulations"). In the event of a conflict between the Prosper
Regulations and the Applicable Regulations, the Applicable Regulations shall control. The
Applicable Regulations shall not be affected by the fact that Developer may ask the Town to
approve development that varies from the Approved Preliminary Plat or Phase I Final Plat.
Nothing in this Agreement shall constitute a waiver of any "vested rights" of Developer
including, but not limited to, those vested rights arising under Chapter 245 of the Texas
Local Government Code, as amended (including, but not limited to, amendments enacted by
S.B. 574 and S.B. 848, 79th Texas Legislature, Regular Session); and Developer expressly
reserves all such vested rights.
9. Notices. Any notice required or contemplated to be given under this Agreement shall
be given in writing and may be given either by depositing the notice in the United States mail
postage prepaid, registered or certified mail, with return receipt requested; by delivering the
notice using a private delivery service that provides evidence of delivery (such as FedEx or
UPS). Notice deposited by mail in the foregoing manner shall be effective three days after
the day on which it is deposited. Notice given by private delivery service shall be effective
when delivered. For purposes of notice, the addresses of the parties shall be as follows:
If to the Town:
Mayor
Town of Prosper
P.O. Box 307
Prosper, TX 75078
(972) 347-2111 (Fax)
With a copy to:
Arturo D. Rodriguez, Jr.
Russell, Moorman& Rodriguez, LLP
102 W. Morrow, Suite 103
Georgetown, Texas 78626
(5 121) 930-7742 (Fax)
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If to Developer:
Fishtrap Properties, Ltd.
Attn: John S. Dowdall
5308 Village Creek
Plano, Texas 75093
If to Mustang:
Mustang Special Utility District
Attn: General Manager
5315 Hwy. 377 S.
Aubrey, TX 76227
(940) 440-3313 (Fax)
With a copy to:
John Rapier
Rapier, Wilson& Wendland, P.C.
103 W. McDermott
Allen, TX 75013-2782
(972) 727-4273 (Fax)
10. Reservation of Rii4hts. All rights, powers, privileges and authorities of the Parties not
restricted or affected by the express terms and provisions of this Agreement are reserved by
the Parties. Notwithstanding the foregoing, however, nothing in this Agreement; however,
shall constitute a waiver by Developer of any development or "vested rights" of Developer,
regardless of whether such rights currently exist or arise in the future.
11. Merger. This Agreement embodies the entire agreement and understanding among
the Parties with regard to the subject matter of this Agreement.
12. Assia-mnent. Developer has the right, from time to time, to sell, transfer, convey,
donate, assign, pledge, mortgage, or encumber all or any part of Developer's rights and
obligations under this Agreement to any person or entity ("Assignee") approved by the Town
(which approval shall not be unreasonably withheld or delayed) provided the Assignee agrees
in writing to be bound by this Agreement (whereupon Developer shall be released from
further performance under this Agreement to the extent such performance is assumed by the
Assignee) except as to paragraphs 1, 2, 3, 4 and 7 from which Developer shall not be
released. Notwithstanding the foregoing, Developer may also, from time to time, sell,
transfer. convey, donate, assign, pledge, mortgage, or encumber all or any part of
Developer's rights and obligations under this Agreement without the consent of the Town
provided (a) Assignee is a successor owner or developer of land within the Property, (b)
Assignee agrees in writing to be bound by the terms and conditions of this Agreement
(whereupon Developer shall be released from further performance under this Agreement to
the extent such performance is assumed by Assignee), and (c) a copy of the written
agreement between Developer and Assignee is given to the Town.
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13. Binding Obligation. This Agreement is a "development agreement" between
Developer and the Town pursuant to the authority of Section 212.171 et. seq. of the Texas
Local Government Code; and as such, shall continue for a maximum term of ten (10) years
(subject to renewal by mutual agreement of the Town and Developer) and shall be recorded
in the Deed Records of Denton County, Texas. This Agreement, when recorded, shall
constitute a covenant running with the Property and shall be binding upon Developer and the
Assignees permitted by this Agreement. This Agreement is not, however, binding on, and
does not create any encumbrance to title as to, any end-buyer of a fully developed lot within
the Property (except for the Applicable Regulations that shall continue to apply to such lots).
The Parties further agree that, except for the Applicable Regulations, this Agreement shall
automatically terminate for each subdivision when the final plat for the subdivision is
recorded in the Deed Records of Denton County.
14. Default. No Party shall be in default under this Agreement until written notice of
such party's alleged failure to perform has been given to all Parties (including a detailed
description of the alleged failure) and until such Party has had a reasonable opportunity to
cure the alleged failure (taking into consideration the nature and extent of the alleged failure,
but in no event less than 30 days after the notice is given). If a Party is in default under this
Agreement, the exclusive remedies of the non-defaulting Parties shall be injunctive relief,
mandamus, or specific performance.
15. Waiver of Immunitv from Suit. The Town waives immunity from suit for purposes
of enforcing this Agreement (whether through injunctive relief, mandamus, or specific
performance).
16. Petition for Annexation. Upon full execution of this Agreement by the Parties and
upon the execution of the Interlocal Agreement by Mustang and the Town, this Agreement
shall constitute a petition by Developer requesting annexation of the Property into the
corporate limits of the Town. Provided Prosper does not breach this Agreement prior to
annexation, the voluntary request for annexation by the Developer is irrevocable. Developer
and Mustang agree to support the annexation and not take any action in opposition thereto.
Annexation of the Property shall be in accordance with all provisions of Chapter 43 of the
Texas Local Government Code.
17. Severabilitv. If any provision of this Agreement is judicially declared invalid or
unenforceable, such provision shall be deemed severed from this Agreement, and the
remaining portions of this Agreement shall remain in effect.
18. Authority. By executing below, the Town, Mustang, and Developer each represent
and warrant that they have the necessary authority to enter into this Agreement.
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19. Effective Date. This Settlement Agreement is effective on the last date that any
signatory signed this Settlement Agreement.
The Town of Prosper, Texas
By: _
Charles N>swanger,Kayor
Date: �U /?�-� /Ol .S
Mustang Special Utility District
By: 1--ne/��
M. L. (Sonny) Snow, President
9 0 a CAMs FVX
Date: / D/2G/o.5
FISHTRAP PROPERTIES,LTD.,
A Texas limited partnership, by its
general partner, RLC Properties,
Inc., Texas corporatio
By:
Robert L. Crews, Pre/ident
Date: /O — /3 -- (/I S
and,
by its general partner,
Kenilworth Development Co., Inc.,
a Texas Corporation
By:
Jotn�. Dowdall, President
Date:
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STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on this day of ether, 2005,
by Robert L. Crews, President of RLC Properties, Inc., a Texas corporation as a general
partner of Fishtrap Properties, Ltd. and on behalf o aid limited a;f-Or
p.
11
"Uvb J
Notary Pub c in e State of Texas
STATE OF TEXAS § , ;4 CINDY L.REYNOLDS
MY COMMISSION EXPIRES
COUNTY OF COLLIN § =->>Eo„ October 18,2007
This instrument was acknowledged before me on this � day of-�elrt�2005,
by John S. Dowdall, President of Kenilworth Development Co., Inc., a Texas corporation as
a general partner of Fishtrap Properties, Ltd. and on behalf of said limited partnership.
- -1 % - /'91,IAA
k___1Uyj4
Notary Publi in and fort e State of Texas
STATE OF TEXAS § = "'.`
I°= CINDY L.REYNOLDS
y .l s MY COMMISSION EXPIRES
COUNTY OF DENTON § -E,v �' October 18,2007
OCTng k
This instrument was acknowledged before me on this 2(, day of-S4pwmber, 2005,
by M. L. (Sonny) Snow, President of Mustang Special Utility District.
Notary Public in and for the State of Texas
,,;gar°gee BARBARA JAN VICKERS
Notary Public,State of Texas
STATE OF TEXAS § =N e My Commission Expires
May 12, 2009
COUNTY OF COLLIN §
This instrument was acknowledged before me on this R day of�optcmbet,2005,
by Charles Niswanger, Mayor of The Town of Prosper, Texas.
v Shanamrsslon EO- My omD.Jemk
res
i October 30.2007
z
- `Notary Public in&"M for the Stater exas
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100 0 50 100 200
SITE
/ I 4
Itj
i I
i I
1 i
i
I 4�4 RESI \
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I \
i
EXHIBIT "A" ��—
GLENHROOK ESTATES
\,
105 0 ACRES
aal RESIESIOEMfiAL LOTS
PPetitt and
� Associates,Inc.
100 0 50 100 200
1 min.100 I..I
SITE
fI '
I
V ro
EXHIBIT "B"
GLENBROOK ESTATES
2.8 ACRES
CoMMLkCIAL TRACT
( It Petitt and
( Associates,Inc
ti
a.8:3 si
EXHIBIT A & B - LEGAL DESCRIPTION
BEING all that tract of land In Denton County, Texas, a part of the P. Barnes
Survey, Abstract No. 79, a part of the J. Gonzales Survey, Abstract No. 447, a
part of the B. R. Hodges Survey, Abstract No. 593, a part of the J. Kennedy
Survey, Abstract leo. 1688, and being all of that 147.577 acre tract of land
conveyed to Fishtrap Properties, Ltd., as recorded in Volume 4828, Page 2922,
Denton County Deed Records, and being further described as follows:
BEGINNING at a one-half Inch iron rod found the eouthwest corner of sold
107.577 acre tract of land, said point being In the east line of Farm-to-Market
Highway No. 1385 (ea 80 foot wide right--of-way), said paint being the northwest
comer of ra 84.2 acre tract of land conveyed to M. Taylor Hansel as recorded In
Documont No. 94-RQQ91793, Denton County Deed Records;
THENCE along the west line of said 107.577 acre tract of land and along the
east line of Farm-to-Market Highway No. 1385 as follows:
Northeasterly, 77.13 feet along a curve to the left which has a central angle of
03 degrees 43 minutes 35 seconds, a radius of 1185.81 feet, a tangent of 38.58
feet, and whose chard beds North OS degrees 58 minutes 48 seconds East,
77.112 feet to acarte--half Inch iron rod found for corner;
North 02 degrees 07 minutes 00 seconds East, 1324.90 feet to ca cane-half inch
Iron reed found for corner;
North Cif degrees 01 minutes 00 seconds East, 830.80 feet to a one-half inch
iron rod found for comer,
North 02 degrees 07 minutes 00 seconds East, 311.85 feet to a one-half Inch
Iran rod found for cornea,
Northeasterly, 58.19 feet alonr a curve to the right which has a central angle
of 11 degrees 58 minutes 48 f .ond$, a radius of 278.31 feet, a tangent of
29.20 feet, and whose chord bears North 08 degrees 06 minutes 24 seconds
East, 58.09 feet to a P.K. nail set at the northwest corner of sold 107.577 acre
tract of land, said point being In the center of Fish Trap Road;
THENCE along the north line of sold 107.577 ccre tract of land and alone the
center of Fish Trap Road, as follows:
South 86 degrees 13 minutes 02 seconds East, 482.34 feet to a P.K. nail set
for corner;
South 8 degrees 56 minutes 23 seconds East, 765.27 feet to a P.K. nail sept
at the northoost corner of sold 107.577 acre tract of land, said point being the
northwest corner of a 3.300 acre tract of land conveyed to Ronnie Isbell as
recorded In Volume 2113, Page 985, Denton County Deed Records;
THENCE along the east tine, of sold 107.577 acre tract of land las follows:
South 01 degrees 27 minutes 19 seconds West, 968.09 feet to a one-half Inch
Iron rod found at the southwest corner of said 3.300 acre tract of land;
South 88 degrees 32 minutes 34 seconds East, 150.13 feet to ca one-half inch
Iron rod found at the southeast corner of sold 3.300 acre tract of land;
South 01 degrees 28 minutes 00 seconds West. 698.87 feet to a Bene-half Inch
Iron rod set for corner at the base of a 14 inch hackbe rry true;
South 57 degrees 18 minutes 16 seconds East, 865.68 feet to a concrete
monument found for corner;
South 57 degrees 53 minutes 28 seconds East, 2.49.55 feet to a .concrete
monument found for corner;
South 33 degrees 31 minutes 58 seconds West, 221.36 feet to a concrete
monument found for corner;
South 22 degrees 39 minutes 39 seconds West, 709.91 feet to a concrete
monument found "or comer,
South 29 degrees 36 minutes 28 seconds West, 67.81 feet to a concrete
monument fecund at the southeast corner of sold 107.577 acre tract of land and
In the north line of said 64.2 core tract.
THENCE Nor`ii 72 degrees 10 minutes 59 seconds "Wens, 2061.39 feet along the
south line of said 107.577 acre tract of laud and along the north line of sold
64.2 acre tract of hand to the POINT OF BEGINNING and containing 4,686,065
sivare feel' or 1107-977 erereg of !enol