HomeMy WebLinkAboutOrdinance No. 2014-2057AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2014-2057
TEMPORARY BATCH PLANT LOCATIONS
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
PLANNED DEVELOPMENT 18 (PD -18) AND PLANNED DEVELOPMENT
23 (PD -23), BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A," WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN,
BY AMENDING THE DEVELOPMENT PLAN, WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT "B," BY
REVISING CERTAIN DEVELOPMENT REGULATIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council approved the Planned Development zoning for PD -18 on or
about November 6, 2000; and
WHEREAS, on or about May 15, 2006, the City Council approved the Development Plan
for PD -18 in accordance with the zoning ordinance; and,
WHEREAS, the City Council approved the Planned Development zoning for PD -23 on or
about April 6, 2009; and
WHEREAS, on or about August 17, 2009, the City Council approved the Development
Plan for PD -23 in accordance with the zoning ordinance; and,
WHEREAS, after discussion and consideration, the City Council has determined that the
Revised Development Plan for PD -18 and PD -23, which is attached hereto and incorporated herein
by reference, should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That PD -18 and PD -23, being more particularly described in Exhibit "A,"
which is attached hereto and incorporated herein, is hereby amended by revising certain
development regulations for the development, described in Exhibit `B."
SECTION 2. That the Development Plan previously adopted is hereby amended with the
amended Development Plan, which is attached hereto and incorporated herein as Exhibit `B," be,
and the same is, hereby approved.
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SECTION 3. That this Planned Development shall be developed and used only in
accordance with the Comprehensive Zoning Ordinance and Ordinance No. 00-1245, PD -18, as
amended, Ordinance No. 09-1802, PD -23, as amended and the Revised Development Plan as
provided in the attached Exhibit `B" and herein adopted shall govern the development of said
property.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this resolution be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this resolution as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 5. That the Zoning Ordinance of the City of The Colony, Texas, as amended,
and Ordinance No. 00-1245 and Ordinance No. 09-1802 shall remain in full farce and effect, save
and except as amended by this ordinance.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
the City of The Colony, Texas, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Hundred ($2,000.00) Dollars for each offense; and
each and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSE by the City Council of the City of The Colony, Texas, this the gNday of
2014.
APPROVED:
v
JO McCOU Y, MAYOR
A rIMMUL,T.
4 J
CftMSTIE WILSON, CITY SECRETARY
VED AS
CITY ATTORNEY
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cU
SEAL
TE X A�
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION
605.795 ACRE TRACT
BEING A 605.795 ACRE TRACT OF LAND SITUATED IN THE T. LUCKETT SURVEY, ABSTRACT NO.
752, BBB & CCR SURVEY, ABSTRACT NO. 182, AND THE S. PAYTON SURVEY, ABSTRACT NO.
1009, IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND BEING ALL OF TRACT 2, A
CALLED 324.084 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD., BY DEED
RECORDED 1N COUNTY CLERKS FILE 93-R0048821, A 56.584 ACRE TRACT OF LAND CONVEYED
TO WYNNWOOD PENINSULA, LTC}. BY DEED RECORDED IN COUNTY CLERKS FILE NO 93-
R0087901, A 40.535 ACRE TRACT OF LAND CONVEYED BY DEED TO WYNNWOOD PENINSULA,
LTD. RECORDED IN COUNTY CLERKS FILE NO. 94-ROO89415, A 40.000 ACRE TRACT OF LAND
CONVEYED TO WYNNWOOD PENINSULA, LTD. BY DEED RECORDED IN COUNTY CLERKS FILE
N0.95-0076009, A 42.000 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD.
BY DEED RECORDED IN COUNTY CLERKS FILE NO. 97-110086390, AND THE REMAINDER OF A
CALLED 182,79 ACRE TRACT OF LAND CONVEYED BY DEED TO ROBERT E. STRIEF RECORDED
IN VOLUME 574, PAGE 604, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID
605.795 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT CORPS OF ENGINEERS (C.O.E.) MONUMENT NO. C241-2 FOUND AT THE
SOUTHWEST CORNER OF SAID 58.584 ACRE WYNNWOOD PENINSULA, LTD. TRACT;
THENCE, NORTH 01 DEG. 26 MIN, 52 SEC. EAST, ALONG THE WEST LINE OF SAID 56.584 ACRE
WYNNWOOD PENINSULA, LTD. TRACT, A DISTANCE OF 1100.08 FEET TO A 314" IRON ROD
FOUND FOR CORNER,
THENCE, NORTH 01 DEG. 12 MIN. 56 SEC. EAST, CONTINUING ALONG THE WEST LINE OF SAID
56.584 ACRE WYNNWOOD PENINSULA, LTD. TRACT, PASSING THE SOUTHWEST CORNER OF
SAID 40.535 ACRE TRACT OF LAND CONVEYED BY DEED AT 49.89 FEET AND CONTINUING IN
ALL A TOTAL DISTANCE OF 665.32 FEET ALONG THE WEST LINE OF SAID 40.535 ACRE TRACT
TO A FENCE CORNER POST FOR THE NORTHWEST CORNER OF SAID 40.535 ACRE TRACT;
THENCE, SOUTH 89 DEG. 27 MIN, 31 SEC. EAST, ALONG THE NORTH LINE OF SAID 40.535 ACRE
WYNNWOOD PENINSULA, LTD. TRACT, A DISTANCE OF 2141.85 FEET TO A 1/2" IRON ROD
FOUND FOR THE NORTHEAST CORNER OF SAID 40,535 ACRE TRACT, SAID POINT ALSO BEING
THE MOST WESTERLY NORTHWEST CORNER OF THE AFORESAID 324.084 ACRE WYNNWOOD
PENINSULA, LTD. TRACT;
THENCE, ALONG THE MONUMENT PARTITION LINE BETWEEN TRACT Al, EXHIBIT A, AND TRACT
B2, EXHIBIT B, DESCRIBED IN DEED OF PARTITION, RECORDED IN VOLUME 2153, PAGE 433,
DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING THE SAME LINE AS DESCRIBED IN
DEED OF SAID 324.084 ACRE WYNNWOOD PENINSULA, LTD., TRACT; THE FOLLOWING THREE
COURSES AND DISTANCES:
SOUTH 89 DEG. 42 MIN. 25 SEC. EAST, A DISTANCE OF 1113.32 FEET TO A 112" IRON ROD
FOUND FOR CORNER;
NORTH 00 DEG. 44 MIN, 11 SEC. EAST, A DISTANCE OF 2347.37 FEET TO A 112" IRON ROD
FOUND FOR CORNER;
NORTH 53 DEG. 47 MIN. 45 SEC. EAST, A DISTANCE OF 3532.09 FEET TO A 112" IRON ROD
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FOUND FOR CORNER IN THE SOUTH LINE OF BOYD ROAD AS DESCRIBED IN DEED TO
THE COUNTY OF DENTON RECORDED IN VOLUME 400, PAGE 323, DEED RECORDS,
DENTON COUNTY, TEXAS;
THENCE, SOUTH 69 DEG. 36 MIN. 23 SEC. EAST, ALONG SAID SOUTH LINE OF BOYD ROAD AND
THE NORTH LINE OF SAID 324.084 ACRE TRACT, A DISTANCE OF 1160,97 FEET TO A 112" IRON
ROD FOUND FOR NORTHEAST CORNER OF SAID TRACT IN THE WEST LINE OF U.S.A. TRACT
G626 OF THE GARZA-LITTLE ELM RESERVOIR PROJECT (NOW CALLED LAKE LEWISVILLE)
CONVEYED BY DEED RECORDED IN VOLUME 381, PAGE 423, DEED RECORDS, DENTON
COUNTY, TEXAS;
THENCE, ALONG THE EAST LINE OF SAID 324.084 ACRE TRACT AND U.S,A. TRACT NO G-626
THE FOLLOWING SIX COURSES AND DISTANCES:
SOUTH 19 DEG. 20 MIN. 20 SEC. EAST, PASSING C.O.E. MONUMENT NO. 626-7 FOUND AT
27.78 FEET, AND CONTINUING IN ALL A TOTAL DISTANCE OF 416.72 FEET TO C.O.E.
MONUMENT NO, G626-6 FOUND FOR CORNER;
SOUTH 00 DEG, 35 MIN. 31 SEC. WEST, A DISTANCE OF 403.72 FEET TO G.O.E.
MONUMENT NO. G626-5 FOUND FOR CORNER;
SOUTH 45 DEG. 48 MIN. 38 SEC_ WEST, A DISTANCE OF 219.95 FEET TO C.O.E.
MONUMENT NO. G626-4 FOUND FOR CORNER;
SOUTH 21 DEG. 42 MIN. 53 SEC, EAST, A DISTANCE OF 504.77 FEET TO C.O.E.
MONUMENT NO. G626-3 FOUND FOR CORNER;
SOUTH 64 DEG. 44 MIN. 03 SEC. EAST, A DISTANCE OF 550.27 FEET TO C.O.E.
MONUMENT NO, G626-2 FOUND FOR CORNER;
SOUTH 16 DEG. 23 MIN. 14 SEC. WEST, A DISTANCE. OF 516.70 FEET TO C.O.E.
MONUMENT NO. G626-1 FOUND FOR CORNER;
THENCE, SOUTH 88 DEG. 52 MIN. 21 SEC. EAST, CONTINUING ALONG THE SOUTH LINE OF SAID
U.S.A. TRACT G-626, A DISTANCE OF 180.76 FEET TO C.O.E. MONUMENT NO, G627-1 FOUND
FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF AFORESAID 182.79 ACRE
ROBERT E. STRIEF TRACT AND THE NORTH WEST CORNER OF U.S.A. TRACT G627 CONVEYED
BY DEED RECORDED 1N VOLUME 385, PAGE 99 AND MODIFIED BY QUIT CLAIM DEED TO E.
SMITH AND ORA MAE SMITH RECORDED IN VOLUME 468, PAGE 418, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS;
THENCE, ALONG THE EAST LINE OF SAID STRIEF TRACT AND THE WEST LINE OF U.S,A. TRACT
G627 THE FOLLOWING TEN COURSES AND DISTANCES;
SOUTH 32 DEG. 43 MIN. 30 SEC. EAST, A DISTANCE OF 719.98 FEET TO C.O.E.
MONUMENT NO, G627-2 FOUND FOR CORNER;
SOUTH 01 DEG. 14 MIN. 39 SEC, WEST, A DISTANCE OF 250.36 FEET TO C,O.E.
MONUMENT NO. G627-3 FOUND FOR CORNER;
NORTH 77 DEG. 49 MIN. 13 SEC. WEST, A DISTANCE OF 250.67 FEET TO C.O.E.
MONUMENT NO. G627-4 FOUND FOR CORNER;
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NORTH 27 DEG. 11 MIN. 57 SEC. WEST, A DISTANCE OF 277.42 FEET TO C.O.E.
MONUMENT NO, G627 -4A FOUND FOR CORNER, AT THE SOUTH CORNER OF A 0.23
ACRE TRACT OF LAND CONVEYED FROM ROBERT E. STRIEF TO U.S.A. BY DEED
RECORDED 1N VOLUME 2457, PAGE 193, REAL PROPERTY RECORD, DENTON COUNTY,
TEXAS;
NORTH 03 DEG. 56 MIN. 27 SEC. EAST, A DISTANCE OF 98.26 FEET TO C.O.E.
MONUMENT NO. G627-413 FOUND FOR CORNER;
NORTH 17 DEG. 12 MIN. 22 SEC. WEST, A DISTANCE OF 117.41 FEET TO C.O.E.
MONUMENT NO. G627 -4C FOUND FOR CORNER;
SOUTH 74 DEG. 15 MIN. 55 SEC. WEST, A DISTANCE OF 72.63 FEET TO C.O.E.
MONUMENT NO. G627-01) FOUND FOR CORNER;
NORTH 27 DEG. 11 MIN. 57 SEC. WEST, A DISTANCE OF 148.34 FEET TO C.O.E.
MONUMENT NO, G627.5 FOUND FOR CORNER;
SOUTH 19 DEG. 07 MIN_ 15 SEC. WEST, A DISTANCE OF 443.35 FEET TO C.O.E.
MONUMENT NO. G627-6 FOUND FOR CORNER;
SOUTH 24 DEG. 59 MIN. 05 SEC. EAST, A DISTANCE OF 499.68 FEET TO C.O.E.
MONUMENT NO. 627-7 FOUND FOR CORNER, SAID POINT BEING THE NORTHWEST
CORNER OF A U.S.A. TRACT (3628 CONVEYED BY DEED RECORDED IN VOLUME 385,
PAGE 99 AND MODIFIED BY QUIT CLAIM DEED TO E. SMITH AND ORA MAE SMITH
RECORDED IN VOLUME 468, PAGE 418, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS;
THENCE, CONTINUING ALONG THE EAST UNE OF SAID STRIEF TRACT AND THE WEST LINE OF
SAID U.S.A. TRACT G628 THE FOLLOWING THREE COURSES AND DISTANCES:
SOUTH 30 DEG. 03 MIN. 06 SEC. WEST, A DISTANCE OF 393.89 FEET TO G.O.E.
MONUMENT NO. G628-2 FOUND FOR CORNER;
SOUTH 47 DEG. 31 MIN. 21 SEC. WEST, A DISTANCE OF 1038.81 FEET TO C.O.E.
MONUMENT NO. G628-3 FOUND FOR CORNER;
SOUTH 14 DEG. 19 MIN. 34 SEC. WEST, A DISTANCE OF 196.63 FEET TO C.O.E.
MONUMENT NO. G628-4 FOUND FOR CORNER IN THE SOUTH LINE OF SAID STRIEF
TRACT;
THENCE, NORTH 88 DEG. 23 MIN, 26 SEC. WEST, ALONG THE SOUTH LINE OF SAID STRIEF
TRACT A DISTANCE OF 375.97 FEET TO A 5/8" IRON ROD WITH PLASTIC CAP STAMPED
"CARTER & BURGESS" SET FOR CORNER;
THENCE, CONTINUING ALONG SAID SOUTH LINE AND THE NORTHWESTERLY LINE OF U.S.A.
TRACT G628, THE FOLLOWING TWO COURSES AND DISTANCE:
NORTH 43 DEG. 44 MIN. 52 SEC. WEST, A DISTANCE OF 148.52 FEET TO THE REMAINS
OF CA,E. MONUMENT NO. G628-6 FOUND FOR CORNER;
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SOUTH 09 DEG, 08 MIN, 14 SEC. WEST, A DISTANCE OF 113.21 FEET TO A 1/2" IRON ROD
FOUND FOR CORNER IN THE SOUTH LINE OF SAID STRIEF TRACT;
THENCE, NORTH 88 DEG. 56 MIN. 00 SEC. WEST, CONTINUING ALONG THE SAID SOUTH LINE OF
STRIEF TRACT, A DISTANCE OF 2.85 FEET TO A 5/8" IRON ROD WITH PLASTIC CAP STAMPED
,CARTER& BURGESS' SET FOR CORNER IN THE SOUTHEASTERLY LINE OF AFORESAID
324,084 ACRE WYNNWOOD PENINSULA, LTD., TRACT AND THE NORTHWESTERLY LINE OF
U.S.A. TRACT NO G608 CONVEYED BY CONDEMNATION DEED RECORDED IN VOLUME 384,
PAGE 162 AND MODIFIED BY QUIT CLAIM DEED TO O.N. SEAGRAVES, ET UX RECORDED IN
VOLUME 465, PAGE 694, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE, ALONG SAID SOUTHEASTERLY LINE OF 324.084 ACRE TRACT AND SAID
NORTHWESTERLY LINE OF U.S.A. TRACT 0608 THE FOLLOWING SEVEN COURSES AND
DISTANCES:
SOUTH 42 DEG. 33 MIN. 37 SEC. WEST, A DISTANCE OF 337.43 FEET TO C.O.E.
MONUMENT NO. G608-10 FOUND FOR CORNER;
SOUTH 15 DEG. 59 MIN, 41 SEC. WEST, A DISTANCE OF 199.68 FEET TO C,O.£.
MONUMENT N0, G608-9 FOUND FOR CORNER;
NORTH 83 DEG. 16 MIN. 00 SEC. WEST, A DISTANCE OF 199.79 FEET TO C.O.E.
MONUMENT NO. G608-8 FOUND FOR CORNER;
SOUTH 20 DEG, 15 MIN. 25 SEC. WEST, A DISTANCE OF 230.29 FEET TO C.O.E.
MONUMENT NO. G608-7 FOUND FOR CORNER;
NORTH 31 DEG. 01 MIN, 55 SEC. WEST, A DISTANCE OF 559.14 FEET TO C.O.E.
MONUMENT NO. G608-6 FOUND FOR CORNER;
NORTH 53 DEG, 42 MIN. 38 SEC. WEST, A DISTANCE OF 119.89 FEET TO C.O.E.
MONUMENT NO. G60B-5 FOUND FOR CORNER;
SOUTH 04 DEG. 23 MIN. 11 SEC. WEST, A DISTANCE OF 50.81 FEET TO C.O.E.
MONUMENT NO. 603-2-3 FOUND FOR CORNER, SAID POINT BEING THE NORTH EAST
CORNER OF U.S.A. TRACT NO. G603.2 CONVEYED BY CONDEMNATION DEED
RECORDED IN VOLUME 383, PAGE 30 AND MODIFIED BY QUIT CLAIM DEED LEONARD V.
GUMM, ET AL RECORDED IN VOLUME 419, PAGE 46, DEED RECORDS, DENTON COUNTY,
TEXAS;
THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE OF 324.084 ACRE TRACT AND THE
NORTH AND WEST LINES OF SAID U.S.A. TRACT NO. G603-2 THE FOLLOWING TWO COURSES
AND DISTANCES:
NORTH 68 DEG. 44 MIN. 45 SEC, WEST, A DISTANCE OF 300.21 FEET TO C.O.E.
MONUMENT N0, G603-2-2 FOUND FOR CORNER;
SOUTH 18 DEG. 14 MIN_ 44 SEC. EAST, A DISTANCE OF 850.05 FEET TO C.O.E.
MONUMENT NO. G603-2-1 FOUND FOR CORNER;
THENCE, SOUTH 01 DEG. 03 MIN, 59 SEC. WEST, ALONG CONTINUING ALONG THE SAID
SOUTHEASTERLY LINE OF SAID 324.084 ACRE TRACT, A DISTANCE OF 188.40 FEET TO C.O.E.
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MONUMENT NO. 0603-1-13 FOUND FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER
OF U.S.A. TRACT NO G603.1 CONVEYED BY CONDEMNATION DEED RECORDED IN VOLUME 383,
PAGE 30 AND MODIFIED BY QUIT CLAIM DEED TO LEONARD V. GUMM, ET AL RECORDED IN
VOLUME 419, PAGE 46, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE, CONTINUING ALONG SAID SOUTHEASTERLY LINE AND THE NORTHWESTERLY LINE
OF SAID U,S.A. TRACT NO. G603-1 THE FOLLOWING TWELVE COURSES AND DISTANCES:
NORTH 70 DEG, 47 MIN. 04 SEC. WEST, A DISTANCE OF 699.72 FEET TO C.O.E.
MONUMENT NO. G603-1-12 FOUND FOR CORNER;
SOUTH 20 DEG. 17 MIN. 11 SEC. EAST, A DISTANCE OF 775.43 FEET TO C.O.E.
MONUMENT NO. G603-1-11 FOUND FOR CORNER;
SOUTH 48 DEG. 19 MIN. 12 SEC. WEST, A DISTANCE OF 700.08 FEET TO C,O.E.
MONUMENT NO. G603-1-10 FOUND FOR CORNER;
SOUTH 89 DEG, 03 MIN. 12 SEC. WEST, A DISTANCE OF 330.13 FEET TO C.O.E.
MONUMENT NO. G603-1-9 FOUND FOR CORNER;
NORTH 42 DEG, 06 MIN. 31 SEC. WEST, A DISTANCE OF 499.78 FEET TO C.O.E.
MONUMENT NO. G603-1-8 FOUND FOR CORNER;
NORTH 75 DEG. 21 MIN. 37 SEC. WEST, A DISTANCE OF 399.88 FEET TO C.O.E.
MONUMENT NO. G603-1-7 FOUND FOR CORNER;
SOUTH 25 DEG. 31 MIN. 53 SEC, EAST, A DISTANCE OF 460.27 FEET TO C.O,E.
MONUMENT NO, G603-1-6 FOUND FOR CORNER;
SOUTH 83 DEG. 46 MIN, 49 SEC. WEST, A DISTANCE OF 450.32 FEET TO C.O.E.
MONUMENT NO. G603-1-5 FOUND FOR CORNER;
NORTH 23 DEG. 47 MIN. 57 SEC. EAST, A DISTANCE OF 300.02 FEET TO C.O.E.
MONUMENT NO, G603-1-4 FOUND FOR CORNER;
NORTH 45 DEG. 50 MIN, 26 SEC. WEST, A DISTANCE OF 375.20 FEET TO C.O.E.
MONUMENT NO, G603-1-3 FOUND FOR CORNER;
NORTH 18 DEG. 18 MIN. 20 SEC. WEST, A DISTANCE OF 799.87 FEET TO C.O.E.
MONUMENT NO. G603-1-2 FOUND FOR CORNER;
SOUTH 06 DEG. 02 MIN. 45 SEC. WEST, A DISTANCE OF 1374.81 FEET TO C,O. E.
MONUMENT NO. G603-1-1 FOUND FOR CORNER IN THE SOUTH LINE OF SAID 324.084
ACRE TRACT;
THENCE, NORTH 89 DEG. 19 MIN. 24 SEC. WEST, ALONG SAID SOUTH LINE, PASSING C.O.E.
MONUMENT NO. G607-1 AT 539.98 FEET AND CONTINUING IN ALL A TOTAL DISTANCE OF 559.96
FEET TO A 112' IRON ROD FOUND FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER
OF SAID 324.084 ACRE WYNNWOOD PENINSULA, LTD., TRACT;
THENCE, NORTH 01 DEG. 01 MIN, 30 SEC, EAST, ALONG THE WEST LINE OF SAID 324.084 ACRE
TRACT, PASSING A 112" IRON ROD FOUND AT 132.80 FEET AND CONTINUING IN ALL A TOTAL
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DISTANCE OF 136.52 FEET TO A 518" IRON ROD WITH PLASTIC CAP STAMPED "CARTER &
BURGESS" SET FOR CORNER; SAID CORNER BEING THE SOUTHEAST CORNER OF AFORESAID
56.584 ACRE WYNNWOOD PENINSULA, LTD. TRACT;
THENCE, NORTH 89 DEG. 10 MIN. 23 SEC. WEST, ALONG THE SOUTH LINE OF SAID 56.584 ACRE
TRACT, A DISTANCE OF 2153.69 FEET TO THE POINT OF BEGINNING AND CONTAINING 605.795
ACRES OF LAND, MORE OR LESS,
IASLD19231920116 DATA119201 DLG.WPD
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LEGAL DESCRIPTION
5.707 ACRE TRACT
BEING A 5,707 ACRE TRACT OF LAND SITUATED IN THE BBB & CCR SURVEY, ABSTRACT NO.
182, IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND BEING ALL OF TRACT 1,
5.704 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA, LTD., BY DEED
RECORDED IN COUNTY CLERKS FILE 93-110048821, REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS, SAID 5.707 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS -
BEGINNING AT A 518" IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR
THE NORTHWEST CORNER OF SAID 5.707 ACRE WYNNWOOD PENINSULA, LTD. TRACT, SAID
POINT BEING IN THE OCCUPIED SOUTH LINE OF BOYD ROAD AS CONVEYED BY DEED TO THE
COUNTY OF DENTON RECORDED IN VOLUME 400, PAGE 323, DEED RECORDS, DENTON
COUNTY TEXAS, SAID CORNER SEARS NORTH 89 DEG, 24 MIN, 17 SEC. EAST 467.96 FEET
FROM A 112" IRON ROD FOUND FOR THE NORTHEAST CORNER OF A 324.084 ACRE TRACT OF
LAND CONVEYED BY DEED TO WYNNWOOD PENINSULA, LTD. RECORDED IN SAID COUNTY
CLERKS FILE 93-R0048821, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE, SOUTH 89 DEG. 20 MIN. 59 SEC. EAST, ALONG SAID SOUTH LINE AND THE NORTH
LINE OF SAID 5.707 ACRE TRACT, A DISTANCE OF 390,20 FEET TO A 518" IRON ROD WITH
PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR CORNER;
THENCE, SOUTH 89 DEG. 12 MIN. 44 SEC. EAST, CONTINUING ALONG SAID SOUTH LINE AND
THE NORTH LINE OF SAID 5,707 ACRE TRACT, A DISTANCE OF 229.80 FEET TO A FENCE
CORNER POST FOR CORNER;
THENCE, SOUTH 08 DEG. 02 MIN. 19 SEC. WEST, ALONG THE NORTHERLY LINE OF U.S.A.
TRACT G626 OF THE GARZA-LITTLE ELM RESERVOIR PROJECT (NOW CALLED LAKE
LEWISVILLE) CONVEYED BY DEED RECORDED IN VOLUME 381, PAGE 423, DEED RECORDS,
DENTON COUNTY, TEXAS; A DISTANCE OF 497.20 FEET TO C.O.E MONUMENT NO. 626-10
FOUND FOR CORNER;
THENCE, SOUTH 76 DEG. 03 MIN. 46 SEC. WEST, CONTINUING ALONG SAID NORTHERLY LINE, A
DISTANCE OF 309.51 TO A 516" IRON ROD WITH PLASTIC CAP STAMPED'CARTER & BURGESS"
SET FOR CORNER 2 FEET SOUTH OF AND 2,5 FEET WEST OF A FENCE CORNER POST;
THENCE, NORTH 23 DEG. 31 MIN. 15 SEC. WEST, CONTINUING ALONG SAID NORTHERLY LINE, A
DISTANCE OF 626.50 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.707 ACRES OF
LAND, MORE OR LESS.
l:\SLD\92319201\SDATA119201OLG.WPD
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LEGAL DESCRIPTION
322.81 ACRES
BEING a parcel of land located in Denton County, 'Texas, a part of the B.B.B. & G.R.R. Survey,
Abstract 170, a part of the 8.13.11. & C.R.R. Survey, Abstract 179,a part of the B.B.B. & C.R.R.
Survey, Abstract No. 182, a part of the Thompson I}. Luckett Survey, Abstract No. 751, and a
part of the J. Robertson Survey, Abstract No. 1507, and being; al t of that 250.65 acre tract of land
described as Tract 1 and being a part of that 62.75 acre tract of land described as Tract II,
conveyed to Wymiwood Peninsula Partners, L. P. in a Special Warranty Deed dated December
21, 2007 recorded in Document No. 2007-146787 Deed Records Denton County, being a part of
that 48.769 acre tract of land conveyed to Wynnwood Peninsula Partners, L.P. in a Special
Warranty Deed Dated January 16, 2008 recorded in Document No. 2008-5640, Deed Records
Denton County, being a part of Lebanon Road (a variable width right-of-way), being a pant of
Boyd Road (a prescriptive use right-of-way), and being further described as follows:
BEGINNING at a five -eights inch iron rod found for the southeast corner of said 250.65 acre
tract of land, said point being in the west line of that tract of laird described as Tract II conveyed
to Wynnwood Peninsula Venture as recorded in Document No. 2006-43169, Deed Records
Denton County;
THENCE along the south line cif said 250.65 acre tract of land as follows:
South 88 degrees 46 minutes 30 seconds West, 312.03 feet to a five -eights inch iron
rod found for corner;
South 88 degrees 45 minutes 10 seconds 'Nest, 801.03 feet to a one-half inch iron rod
found for corner,
South 89 degrees 01 minutes 07 seconds West, 2141.85 feet to a one -halt' inch iron
rod set for corner;
North 04 degrees 08 minutes 26 seconds West, 31.84 feet to a Corp of Engineer
monument found for corner;
South 87 degrees 58 minutes 59 seconds West, 238.88 feet to a Corp of F..ngineer
monument for corner;
North 89 degrees 55 minutes 28 seconds West, 192.54 feet to a Corp of Engineer
monument found for the southwest corner of said 250.65 acre tract of land, said point being in
the east line of Garza -Little Blm Darn and Reservoir (Lake Lewisville);
Page 10
THENCE: along the west line of said 250.65 acre tract of land and along the east line of said
Garza -Little Elm Dam and Reservoir (Lake Lewisville) as follows:
North 24 degrees 36 minutes 59 seconds East, 5.56.05 feet to a point for corner;
North 71 degrees 45 minutes 30 seconds East, 134.59 feet to a point for corner;
North 30 degrees 50 minutes 28 seconds West, 86.29 feet to a point for corner;
North 27 degrees 57 minutes 07 seconds East, 466.04 feet to a point for corner;
South 68 degrees 13 minutes 00 seconds East, 263.30 feet to a Corp of Engineer
monument for corner;
North 64 degrees 05 minutes 52 seconds East, 376.74 feet to a Corp of Engineer
monument for corner;
North 89 degrees 33 minutes 08 seconds East, 403.23 feet to a Corp of Engineer
monument for corner;
North 00 degrees 15 minutes 14 seconds West, 379.56 feet to a Corp of Engineer
monument for corner;
North 61 degrees 45 minutes 56 seconds West, 339.76 feet to a point for corner;
North 05 degrees 13 minutes 46 seconds West, 425.54 feet to a point for corner;
North 50 degrees 58 minutes 42 seconds East, 150.71 feet to a Corp of Engineer
monument for corner;
North 05 degrees 32 minutes 05 seconds bast, 662.31 feet to a Corp of Engineer
monument for coiner;
North 88 degrees 07 minutes 35 seconds East, 42.24 feet to a Corp of Engineer
monument for corner, said point being the southwest comer of Wynnwood Elaven Estates, an
addition to the County of Denton as recorded in Cabinet E, Page 209, Map Records Denton
County;
THENCE along the south line of said Wynnwood Haven Estates as follows:
North 83 degrees S3 minutes 31 seconds East, 100.47 feet to a one-half inch iron rod
found for corner;
North 00 degrees 33 minutes 25 seconds West, 7.13 feet to a one-half inch iron rod
set for corner;
North 89 degrees 16 minutes 35 seconds East, 1215.83 feet to a railroad spike found
for the southeast corner of said Wynnwood Haven Estates and said point being in the center of
Boyd Road (a prescriptive use right-of-way);
THENCE North 01 degrees 02 minutes 51 seconds West, 157.91 feet along the east fine of said
Wynnwood Haven Estates And along the center of Boyd Road to a one-half inch iron rod found
for corner;
THENCE North 01 degrees 38 minutes 55 seconds West, 158.18 feet along the east line of said
Wynnwood Haven Estates to a Corp of Engineer monument found for corner, said point being in
the southeast line of said Garza -little Elrn Darn and Reservoir (Lake Lewisville);
Page 11
'THENCE along the southeast line of said Garza-Little Elm Dam and Reservoir (Lake
Lewisville) as follows:
North 78 degrees 19 minutes 06 seconds East, 65.66 feet to a one-half inch iron rod
set for corner;
North 49 degrees 05 initrutes 28 seconds East, 322.05 feet to a Corp of Engineer
monument found for Corner,
North 62 degrees 33 minutes 24 seconds East, 1112.30 feet to a one-half inch iron rod
found for corner;
North 36 degrees 39 minutes 40 seconds East, 762.29 feet to a one-half inch iron rod
found for the northwest corner of said 250.65 acre tract of land;
North 36 degrees 45 minutes 05 seconds East, 71.39 feet to a Corp of Engineer
monument found for the southwest corner of said Tract 11, said point being the most southerly
southeast corner of 48.769 acre tract of land, and said point being in the north line of Boyd Road
(a prescriptive use right-of-way);
TI IENCE along the northerly line of said Tr act 11 and along the southerly line of said 48.769 acre
tract of land as follows:
North 36 degrees 51 minutes 46 seconds Bast, 64.89 feet to a seven-eights inch iron
rod found for corner;
South 89 degrees 45 minutes 28 seconds East, 562.78 feet to a seven-eights inch iron
rod found for corner;
North 66 degrees 43 minutes 39 seconds East, 2028.02 feet to a seven-eights inch iron
rod found for corner;
North 52 degrees 21 minutes 59 seconds East, 962.29 feet to a seven-eights inch iron
rod found for corner;
South 41 degrees 15 minutes 03 seconds East, 627.56 feet to a seven-eights inch iron
rod found for corner;
North 72 degrees 49 minutes I 1 seconds East, 118.08 feet to a point for corner;
THENCE North 00 degrees 02 minutes 08 seconds East, 370.33 feet to Corp of Engineer
monument found in the north line of said 48.769 acre tract of land and said point being in the
southeast line of said Garza-Little Elm Dam and Reservoir (Lake Lewisvi Ile);
THRNCF South 41 degrees 03 minutes 50 seconds East, 553.16 feet along the north line of said
48.769 acre tract of land and along the southeast line of said Garza-Little Elm Dam and
Reservoir (Lake Lewisville) to a point for corner;
THENCE South 00 degrees 01 minutes 00 seconds West, 1423.56 feet to a point in the south line
of said Tract 11 and said point being in the center of Lebanon Road;
THENCE South 89 degrees 05 winutes 25 seconds West, 1699.75 feet to a one-half inch iron rod
found in the south line of said Tract Two, said point being at the intersection of the north line of
Lebanon Road with the north line of Boyd Road;
Page 12
THENCE South 89 degree 15 minutes 51 seconds West, 519.62 feet along the south line of said
Tract II and along the noilh line of Boyd Road to a Point for corner;
THENCE South 52 degrees 16 minutes 40 seconds West, 3644.68 feet to a five -eights inch iron
rod found in the east line of said 250.65 acre tract of land;
THENCE South 00 degrees 46 mintrtes 53 seconds East, 2347.37 feet to the POINT Or
BEGINNING and containing 14,061,478 square teet or 322.81 acres of land.
Page 13
LEGAL DESCRIPTION, — 4029 ACRES
BEING a parte of land located in Denton County, Tcxaa, a part c f tba B.B.B. & C.R.R.
Survey. Absu at 179, wW being apart of that tract of luui cotuvey0d to Wynnwood
Faninsals Partners, UP. marded in Docutneatt No. 2008-5640. [geed Records,Dentan
County, uuul being fcurther dcwnW as MIME:
BEGINNING at a Cap of Enginesr monument fbiund for the southwest corner of that
tract ofIw d convcyod to WyMwvod peninsula Partners, L.P. as rmrded In Document
No. 20008-3640. Deed Records Deaton County, said point being in the east line of the
G=- Little Elm Dura and Rnttcrvoiur (Lalco i ewisvilio);
THENCE alai the ro0we dedy boundary line ofsaid Wynnwoad tract of land and the
boundary tine of said Gutta-Utdc Elm Dam Aral Rese mir, (Cake Lewisville) as follows:
North 45 dcguues 22 minutes 03 second$ East, 575.78 feet to a Corp of
Engineer nuon untent four -d for vomer;
South 66 doigoa 13 minas 05 wands East, $50.42 feet to a Corp of
Engineer monument fouxd for corner;
North SS dogoe" 31 minutes 30 seconds But. 1063.30 feet to a four inch pipe
post fqund for Contt:r,
South 53 degrees 24 mirnums 23 second$ East, 99.10 feet to a four inch pipe
post found forcomer,
North 58 degmes 49 minutes 33 soconds East, 39.21 feet to a four Will pipe
poli found for comer;
North 09 degrees 43 minutes 33 seconds West. 105.85 feet to a four inch pipe
post fouund for comer;
North 55 degrees 34 minutes 45 seconds Fast, 532.40 red to a four inch pipe
past found forcomer,
South 68 degrm 39 minutes 45 seconds Easi, l l 1A3 fed to a tout inch pipe:
post found forcomen
North 06 &-WM 45 uuivato 31 sv ti uuds East, 122-83 fvd W i four ifA pig
po€t found for -corner;
North 55 demos 32 ninnies 07 seconds East, WAS text to a Corp of
Engineer monament found for comm,
Forth 31 degrees 56 tninutes 09 seconds West, 949.10 feet to a Corp of
Engineer tnamment found for corner,
South 78 dogmas 20 minutes 38 seconds East, 400.38 feet to a Corp of
Engineer mcraum ent found for corner,
Swath 32 degrees 10 minures 02 seconds East, 727.85 feet to a four inch pipe
Rob-, found for comer,
South 24 degrees 02 minutes 41 seconds West, 30.84 feet to s four inch pipe
post found forcomer,
Soith 1! degmes 4D minutes 20 woods East, 51.56 JIM to o four i»ch pipe
Post found torcomer.
Strath 36 dcg=s 34 thhittutoa 06 Wconds East, 24.94 feet to u four inch pipe
post founts for corner-,
Page 14
Noah 57 dognis 44 minutes 36 seconds East, 62.34 feet to a four inch pipe
post fount for comer;
South 52 dcgn= 13 micaks 08 seconds East, 775.93 feet to a Corp of
Ercginmer monurnont found for comer,
Mwth 14 degt+ces 14 m itaes 56 gwonds Eask 93.27 feet to a point for comer,
TIM ME South 00 dam 02 minutes 08 saaonds West, 3703 3 fc* to a point for =tor
In the south line of said Wynawood tract, acid point being in the north tine of a tinct of
land descdbW as T=ct 2 cornvcyed to Wymwood Peninsula Partrnm, L.P. as mwndtd in
Document No. 2007-146787, Dead Records Darton County,
THENCE AnS tht south line of said WynAwrod Tinct and the north line of sa=d Tract 2
2S follows:
South 72 degrees 49 muriates t 1 seconds West, l 18.05 fee to tt Sever! -rights
inch imn trod fawsd for corner,
North 41 drgnrem 15 minutes 03 monde► Wed, 627.56 fast to a seven -eights
inch iron rod rotmd for corner;
South 52 dagrta 21 minutes 59 seconds Wcst, 962.29 fee to A seven -eights
inch iron rad kund for rcrncr;
South 66 degrees 43 mindes 39 seconds West, 2029.02 feet to a wycu-c;ights
inch iron rad found for r*rnw;
North 89 dcsrwA 45 minides 28 seconds %Vest, 562.78 feat to a seven -tights
.nch iron rod fowtd for r;rnet ;
South 36 doWta S 1 minutes 46 sown& latest, 64.89 feet to a point for comer
)i the no th tine of Boyd Rani (a prescriptive un right-of-way);
THENCE South 89 degrms 35 minutes 43 seconds West, 312.09 feet along the north line
of Boyd Road to the POINT OF BEGINNING and owtaizung 1,754,917 squm feet or
40.29 ucres of land.
Page 15
LEGAL MCRIPTi(?N - TRACT I
BEJNG a pared of land located in menton Cowaty, Texas, a part of the J. ROBERTSON
SMVEY ABS MACT No. 1507 and a part of the RICHARD G. DUNLAP SURVEY,
ABSTRACT M. 352, and also being a part of that area of land described as Tram 2,
convoyed to Wynnwood Peninsula Partners, L P, recorded in Document No. 2047-
146787,p Mei Regards Dunton Comy, vnd being ll her deh-etibd as follOws;
BEGINNING at one-half incl► icon rod found at the northeast corner ofgaid Ttact 2, said
point being the soudwa ewer ofa tract of W coavcyr.d to Wynnwoad Peninsula
Partners, LP. as nwded in Document No. 2045-5W, Decd Recons Denton County,
said point slso being in the west line of a land described as Tract 2 conveyed to
Watemonc LP as rccorded in Document No. 2047-1396190 Deed Records Denton
Cowxy;
THENCE South 44 dews es 20 Woutes .30 seconds East, 854.99 feet along the east line of
said Tract 2 anti the west litre of said Watemonc tract to a point for corner in the
c entcrtine of Lebanon Road;
THENCE South 89 dogrca 05 minutos 25 sewnds Wast, 219.03 cot along the center of
Lcbamn Rood to a point for comer;
THENCE Morth {gyp dogrecs 26 minutes 14 seconds Wcst,1068.71 feet to a point for
comer in the north line ofsaid Tract s, said point being in the south line of said
Wyanwood tract;
THENCE along the notch line of said Tract 2 and ttte south line of said Wyrtnwood tract
as fol loves:
Noah 72 degrees 49 minutes l 1 seconds East, 5.95 feel to a point for corner;
South 45 degrees 34 aunutes 44 seconds Eabt, 302.88 fact to the PONT OF
BEGINNING and containing 212,212 square feet or 4.872 acres of lanai.
Page 16
Exhibit `B"
Revise Ordinance No. 06-1700 as follows:
"Additional allowed uses to the Zoning Ordinance No. 00-1245 include
temporary batch plants. The general locations shall be sited within any
undeveloped tract of PD -18 and/or PD -23 at the discretion of the developer and
the City Manager, or his designee. These uses will be allowed under the
following conditions:
a. Hours of operation: 7:00 am to 7:00 pm Monday through Saturday;
b. Term of operation: 9 months for each phase of development;
c. Lighting: Structure mounted small area security and/or work lighting,
fluorescent, metal, halide or mercury vapor luminaries, in compliance
with City standards;
d. Material watering schedule: Stockpiled materials shall be maintained on
a daily basis with water sprinklers, atop stockpiles and supplemental as
required with water trucks or hose watering;
e. An all-weather access road will be provided to the site as approved by the
Fire Department."
Page 17