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