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HomeMy WebLinkAbout08-22-25-Ordinance-Zoning Change from Agricultural to Planned Development High Pointe-08/04/2025 CITY OF SANGER, TEXAS ORDINANCE 08-22-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE ZONING MAP FOR APPROXIMATELY 130 907 ACRES OF LAND DESCRIBED AS A0029A R BEEBE, TR 66(PT), 67 AND 68(PT), FROM (A) AGRICULTURAL AND INDUSTRIAL (I-1) TO (PD 08-22-25) PLANNED DEVELOPMENT 08-22-25,PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, PROVIDING A CUMULATIVE CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1109 OF THE CODE OF ORDINANCE FOR VIOLATIONS,AND PROVIDING A SAVINGS CLAUSE,AUTHORIZING PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE WHEREAS,the City of Sanger(the"City")is a home rule municipality regulated by state law and Charter, and WHEREAS, the Planning and Zoning Commission on July 14, 2025, duly covered and conducted a public hearing for the purpose of assessing a request for amendment to the Zonmg Map, recommending approval for the hereinafter described property, and WHEREAS, all requests for amendment to the Zoning Map were duly filed with the City of Sanger, Texas, concerning the hereinafter described property, and WHEREAS, the following provision of proper legal notice requirements, including written notice to owners within 200 feet of the subject property,were made in theetime and manner prescribed by law, and WHEREAS,the City Council finds that the passage of this Ordinance is in the best interest of the citizens of Sanger NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER,TEXAS SECTION 1 That an amendment to the Zoning Map from(A)Agricultural to (PD 08-22- 25) Planned Development 08-22-25 is hereby granted for the property generally located north of FM 455 and east of Santa Fe Railroad, described in the hereto attached Exhibit A High Pointe PD pages 1-4 including exhibits B-D SECTION 2 That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety SECTION 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any Ordinance—08-22-25—High Pointe-PD Page 1 of 2 word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance,since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word,phrase, clause, sentence,paragraph, or section. SECTION 5. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in The Code of Ordinances, Section 1.109 General Penalty for Violations of Code. SECTION 6. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this 4th day of August, 2025. APPROVED: -4 k ATTEST: Thomas E. Muir, Mayor Fct APPROVED TO FORM: Kel y Edw rds, City Secretary \ OF SAA, /, A . City Attorney • 1///%, + 7-EXyP9`\\'\ Ordinance—08-22-25—High Pointe-PD Page 2 of 2 HIGH POINTE 090825 P A G E | 1 EXHIBIT __ EXHIBIT A HIGH POINTE DEVELOPMENT STANDARDS GENERAL STANDARDS 1. Development and use of the approximate 131-acre property, including, without limitation, the construction, installation, maintenance, repair, and replacement of all buildings and all other improvements and facilities of any kind whatsoever on and within the property, shall follow all City regulations, except when in conflict with the provisions in these standards. 2. Tract designations identified below refer to the tracts depicted on the Zoning Exhibit (Exhibit B). 3. The design of the High Pointe development (residential and commercial) shall take place in general accordance with the attached Concept Plan (Exhibit D). Open spaces shown on the plan shall be developed with a combination of passive and active uses such as a playground, dog park, trails, and seating areas. The open space lots and amenities located on them shall be owned and maintained by the mandatory Homeowners Association. 4. Unless otherwise specified in these standards, development within the High Pointe development is governed by the Sanger Zoning Ordinance, as amended. In the event of any conflict or inconsistency between these standards and the applicable City regulations, the terms and provisions of these standards shall apply. 5. In the event of a conflict between the written text and the illustrations provided in these standards, the written text contained herein shall control. 6. A mandatory Homeowners Association (HOA) will be responsible for the maintenance of lots owned by the HOA on Tract 1. TRACT 1 USE REGULATIONS 1. Permitted uses shall be all principal and accessory uses which are allowed in the (SF-8) Single- Family-Residential District, in accordance with Section 30 of the Sanger Zoning Ordinance, as amended or as otherwise identified below. A. Temporary Asphalt or Concrete Batch Plant shall be allowed if located at least 150’ from the Tract 1 boundary or within Tract 2. The temporary batch plant shall be removed if no construction activity takes place over a 6-month period. The plant shall subsequently be allowed by right for subsequent phases of the development as long as it is located at least 150’ from the Tract 1 boundary or within Tract 2. 2. A Specific Use Permit shall be required for all uses otherwise requiring a Specific Use Permit in the (SF-8) Single Family-Residential District, in accordance with Section 30 of the Sanger Zoning Ordinance, as amended. NEIGHBORHOOD DEVELOPMENT STANDARDS 1. The maximum number of lots in the High Pointe neighborhood shall be 380. Of those, a maximum of 297 shall be Type 1 lots, and minimum of 78 shall be Type 2 lots. The number of Type 1 lots in any phase shall not be more than 75% of the lots of that phase. HIGH POINTE 090825 P A G E | 2 EXHIBIT __ 2. The open spaces identified on the Open Space/Amenities Plan (Exhibit E1) shall be deemed as meeting the parkland dedication requirements for the neighborhood. The open spaces shall be owned and maintained by the mandatory Homeowners Association. Provided equipment within the open spaces will be of commercial grade and approved by the Director of Parks or his designee. 3. Open Space “C”, as identified on the Open Space/Amenities Plan (Exhibit E1) shall be developed in accordance with the schematic designs shown on Schematic Landscape Design Active Open Space (Exhibit E2). The specific design shall be determined at the time of Plan approval by the city. 4. Open Spaces will be developed with the first phase of residential development and construction shall be completed prior to a building permit being issued for the 101st home in the High Pointe neighborhood. 5. The 6’ wide looped trail, as generally shown in Open Space “A” on the Open Space/Amenities Plan (Exhibit E1) shall be built prior to a building permit being issued for the last home in the High Pointe neighborhood. The specific trail alignment shall be determined at the time of permitting. 6. High Pointe Uniform Screening: A uniform masonry screening wall shall be provided along Marion Road, Belz Road, and FM 455. The wall shall be located on a lot owned by the HOA. 7. Perimeter and neighborhood entry landscape treatments shall generally be in accordance with the Entry Sign/Screening Exhibit (Exhibit F). More specifically, the following shall be incorporated into the design of the neighborhood entry and perimeter treatment. A. A minimum 10’ wide landscape buffer shall be provided adjacent to Marion Road. The buffer shall be located on a lot owned by the HOA. B. A minimum 20’ wide landscape buffer shall be provided adjacent to Belz Road and FM 455. The buffer shall be located on a lot owned by the HOA. C. Trees, a minimum 3” caliper in size at the time of planting, shall be provided at a ratio equal to 1 tree per 50 linear feet of frontage along said streets. The trees may be placed in an informal layout. D. A specific landscape plan, screening plan, and amenities plan for each shall be provided in conjunction with the submittal of construction plans for each specific phase of the neighborhood where the aforementioned items are located. Said designs shall reflect the schematic designs shown on Exhibit F. E. All landscaping and screening wall maintenance shall be the responsibility of the mandatory Homeowners Association HIGH POINTE 090825 P A G E | 3 EXHIBIT __ LOT DEVELOPMENT STANDARDS RESIDENTIAL ARCHITECTURAL STANDARDS 1. Homes within the High Pointe community shall comply with the criteria established in the Sanger Façade Design Criteria Manual. Lot Type TYPE 1 TYPE 2 Minimum Lot Width 50' 60' Minimum Lot Area (SQ FT)6,000 7,200 Minimum Lot Depth 110' 110' Minimum Front Yard Setback 20' 20' Minimum Rear Yard Setback 15' 15' Minimum Side Yard Setback 5' 5' Exterior at Corner 15' 15' Exterior at Corner - Garage Face 20' 20' Minimum Dwelling Area (SQ FT)See Note See Note Maximum Lot Coverage 65%65% Maximum Height 35' 35' Note: Outdoor living areas shall have a minimum rear setback of 5' whether or not the area is covered by a roof. For purposes of this section, "outdoor living" shall mean any patio, deck, grill, sitting area, dining area, or other amenity which is designed and/or used for outdoor living and entertaining. If the outdoor living area is coverd by an extension of the home's roof, the 15' rear setback shall apply. Note: The minimum front yard setback may be reduced to 17' for homes with J-swing garages. Note: Maximum 20% - 1,200 SF - 1,499 SF Remaining % (Approx. 60%) - 1,500 SF - 1,999 SF Minimum 20% - 2,000 SF + HIGH POINTE 090825 P A G E | 4 EXHIBIT __ TRACT 2 USE REGULATIONS 1. Permitted uses shall be all principal and accessory uses which are allowed in the (B-2) Business District, in accordance with Section 30 of the Sanger Zoning Ordinance, as amended. A. Temporary Asphalt or Concrete Batch Plant shall be allowed if located at least 150’ from the Tract 1 boundary or within Tract 2. The temporary batch plant shall be removed if no construction activity takes place over a 6-month period. The plant shall subsequently be allowed by right for subsequent phases of the development as long as it is located at least 150’ from the Tract 1 boundary or within Tract 2. 2. A Specific Use Permit shall be required for all uses otherwise requiring a Specific Use Permit in the (B-2) Business District, in accordance with Section 30 of the Sanger Zoning Ordinance, as amended. DEVELOPMENT STANDARDS Development shall take place in accordance with the standards established in the (B-2) Business District of the Sanger Zoning Ordinance. 1. Special Side or Rear Yard Requirement: When a non-residentially zoned lot or tract abuts upon a zoning district boundary line dividing the lot or tract from a residentially zoned lot or tract, a minimum side yard of twenty (20) feet shall be provided for on the nonresidential property. A solid masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed adjacent to the common side and/or rear property line. l � 4 M ..4� A AL .u[ .�v�• �,liu-, �, � 3.�editedu .i�ic;,�,„ CAC., I At j # �%. n f• RCIAL Cs Cip AC.1- .03 _ f' o 9ti`ry\ � • P O �/ ` • �� OPEN SPACE DATA OPEN SPACE A: 0.90 ACRE ` OPEN SPACE B: 0.26 ACRE ` ! OPEN SPACE C: 1.01 ACRE OPEN SPACE D: 1.69 ACRE TOTAL: 3.86 ACRE a' NERS 6 7 5 679 67 6 6 7 7 67 4 6 7 3 670 674 6 7 3 6 7 2 6 6 9 6 7 2 68 1 683 69 3 6 8 6 67 6 677 676 67 2 666 6 7 2 66 7 6 6 6 662 6 6 1 65 9 655 66 0 65 8 6 6 0 66 0 6 6 2 664 6 5 8 65 8 657 659 660 66 2 663 664 665 6 6 5 6 6 3 6 6 7 668 668 67 3 6 8 1 6 7 8 6 7 7 6 7 3 67 0 669 671 6 7 1 6 7 0 673 675 677 679 6 7 6 6 8 0 690 69 6 70 1 6 8 7 6 8 7 6 9 1 686 69 1 6 9 4 6 9 3 69 3 6 9 4 6 9 5 7 0 1 7 0 4 70 0 69 8 70 4 7 0 2 70 9 7 2 4 7 1 5 722 7 1 9 7 0 4 7 0 3 69 2 687 689 68 4 6 8 3 68 1 6 8 2 6 8 5 6 8 8 6 8 8 68 6 686 6 9 3 7 0 4 699 686694 69 3 694 69 0 6 8 6 6 8 3 680 68 5 685 68 6 659 656 6 9 0 6 7 8 685 686 682 71 1 7 1 3 719 69 6 69 0 694 6 7 0 6 6 6 6 7 0 6 7 9 67 2 682 688 6 9 4 6 9 6 7 2 8 7 2 3 7 1 6 7 1 2 7 1 0 7 1 0 70 6 7 0 3 7 0 1 696 6 9 8 698 693 68 8 686 6 8 5 684 6 8 4 6 8 3 685 700 71 4 7 0 7 71 4 6 8 7 68 5 69 0 68 5 685 686 6 8 8 6 8 4 670 702 694 6 9 4 6 8 5 68 3 6 8 0 6 7 9 67 3 6 7 4 6 7 5 6 7 5 68 0 6 8 5 6 9 0 6 8 8 68 7 68 8 6 9 4 6 9 4 6 9 5 6 9 7 6 9 8 7 0 0 7 0 8 7 1 2 7 2 2 713 70 3 703 706 70 5 70 9 7 1 8 7 1 8 7 2 2 7 2 6 7 2 6 7 2 7 7 2 8 72 6 7 2 5 7 1 8 7 1 0 7 0 1 69 6 7 0 6 7 0 3 7 0 0 69 6 69 1 6 8 7 6 8 8 68 7 68 3 683 6 7 9 676 6 8 0 682 6 8 3 6 7 8 676 66 9 67 3 665 66 3 663 660 660 50' ROW 50' ROW 50' ROW 80' R O W 50' ROW 50 ' RO W 50' ROW 50' ROW R50' R50' R50' Exhibit C OVERALL LEGAL DESCRIPTION BEING a tract of land located in the City of Sanger, Denton County Texas, part of the Rueben Bebee Survey, Abstract No. 299, being all of that called 5.034 acre tract of land described as Tract One in a Trustee's Deed to Georgian Bay Funding, LLC, recorded in Instrument No. 2022-157980, Deed Records, Denton County, Texas (O.P.R.D.C.T.) and being all of that called 125.97 acre tract of land described as Tract Two in a Trustee's Deed to Georgian Bay Funding, LLC, recorded in Instrument No. 2022-157980, Deed Records, Denton County, Texas (O.P.R.D.C.T.) and being more particularly described as follows: BEGINNING at a one-half inch iron rod with yellow cap stamped “JBI” found at the northwest corner of said 125.97 acre tract, being the southwest corner of a called 95.136 acre tract of land described as Tract 2 in a Special Warranty Deed to Forestar (USA) Real Estate Group, Inc, recorded in Instrument No. 2022-157980, (O.P.R.D.C.T.) and being in the east line right-of-way line of Gulf Colorado & Santa Fe Railroad(a 100 foot railroad right-of-way); THENCE South 88 degrees 53 minutes 59 seconds East, 3,707.18 feet along the north line of said 125.97 acre tract of land to the northeast corner of said 125.97 acre tract of land to a one-half inch iron rod with yellow cap stamped “JBI” set for corner in the west line of Marion Road (a variable width right-of-way); THENCE South 02 degrees 30 minutes 28 seconds West, 341.99 feet along the east line of said 125.97 acre tract of land and along the west line of Marion Road to the southeast corner of said 125.97 acre tract of land, Wooden Monument Found for corner, said point being at the intersection of the west line of Marion Road with the north line of Farm to Market Road No 455 (aka E. Chapman Drive); THENCE along the south line of said 125.97 acre tract and along the north line of Chapman Drive as follows: Southwesterly, 613.08 feet along a curve to the left, having a central angle of 46 degrees 08 minutes 47 seconds, a radius of 761.20 feet, a tangent of 324.26 feet and whose chord bears South 68 degrees 53 minutes 16 seconds West, 596.64 feet to a one-half inch iron rod with cap stamped “Eagle Surveying” found for corner; South 45 degrees 56 minutes 18 seconds West, 136.60 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; Southwesterly, 403.97 feet along a curve to the left, having a central angle of 11 degrees 11 minutes 04 seconds, a radius of 2,069.50 feet, a tangent of 202.63 feet and whose chord bears South 51 degrees 32 minutes 22 seconds West, 403.33 feet to a five-eighths inch iron rod found for corner; South 45 degrees 57 minutes 08 seconds West, 1,209.00 feet to a one-half inch iron rod with cap stamped “TxDOT” found for corner; South 43 degrees 51 minutes 46 seconds East, 9.91 feet to a one-half inch iron rod with cap stamped “TxDOT” found for corner; Southwesterly, 250.41 feet along a curve to the right, having a central angle of 09 degrees 57 minutes 48 seconds, a radius of 1,440.00 feet, a tangent of 125.52 feet and whose chord bears South 50 degrees 58 minutes 25 seconds West, 250.09 feet to a one-half inch iron rod with cap stamped “TxDot” found for corner, said point being the southeast corner of said 5.034 acre tract; THENCE along the south line of said 5.034 acre tract and continuing along the north line of Chapman Drive as follows: Southwesterly, 302.69 feet along a curve to the right, having a central angle of 12 degrees 02 minutes 37 seconds, a radius of 1,440.00 feet, a tangent of 151.90 feet and whose chord bears South 62 degrees 03 minutes 01 seconds West, 302.13 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 69 degrees 10 minutes 48 seconds West, 327.40 feet to a Metal Fence Corner Post found for corner at the southwest corner of said 5.034 acre tract, said point also being in the south line of said 125.97 acre tract; THENCE along the south line of said 125.97 acre tract and along the north line of Chapman Drive as follows: South 69 degrees 08 minutes 21 seconds West, 570.96 feet to a one-half inch iron rod with yellow cap stamped “Eagle Surveying” found for corner; North 20 degrees 34 minutes 28 seconds West, 21.25 feet to a one-half inch iron rod with cap stamped “TxDOT” found for corner; South 69 degrees 12 minutes 05 seconds West, 180.79 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; Southwesterly, 235.69 feet along a curve to the right, having a central angle of 14 degrees 05 minutes 45 seconds, a radius of 958.00 feet, a tangent of 118.44 feet and whose chord bears South 76 degrees 14 minutes 57 seconds West, 235.09 feet to a one-half inch iron rod with cap stamped “Eagle Surveying” found for corner, said point being the southwest corner of said 125.97 acre tract, said point also being in the east right-of-way line of said Gulf Colorado & Santa Fe Railroad; THENCE North 03 degrees 27 minutes 11 seconds West, 2,544.89 feet along the west line of said 125.97 acre tract and along the east right-of-way line of said Gulf Colorado & Santa Fe Railroad to the POINT OF BEGINNING and containing 5,702,307 square feet or 130.907 acres of land. BASIS OF BEARING: The basis of bearing is derived from GPS observations using the City of Van Alstyne geodetic monuments. (Coordinate System: North Central Zone 4202 State Plane Coordinates, NAD83) TRACT 1 LEGAL DESCRIPTION - RESIDENTIAL BEING a tract of land located in the City of Sanger, Denton County Texas, part of the Rueben Bebee Survey, Abstract No. 299, being part of a called 125.97 acre tract of land described as Tract Two in a Trustee's Deed to Georgian Bay Funding, LLC, recorded in Instrument No. 2022-157980, Official Public Records, Denton County, Texas (O.P.R.D.C.T.) and being more particularly described as follows: BEGINNING at the southeast corner of said 125.97 acre tract land, said point being at the intersection of the west line of Marion Road with the north line of Farm to Market Road No 455 (aka E. Chapman Drive); THENCE along the south line of said 125.97 acre tract of land and along the north line of E. Chapman Drive as follows: Southwesterly, 613.08 feet along a curve to the left, having a central angle of 46 degrees 08 minutes 47 seconds, a radius of 761.20 feet, a tangent of 324.26 feet and whose chord bears South 68 degrees 53 minutes 16 seconds West, 596.64 feet to a point for corner; South 45 degrees 56 minutes 18 seconds West, 136.60 feet to a point for corner; Southwesterly, 284.00 feet along a curve to the left, having a central angle of 07 degrees 51 minutes 46 seconds, a radius of 2,069.50 feet, a tangent of 142.22 feet and whose chord bears South 53 degrees 12 minutes 01 seconds West, 283.77 feet to a point for corner; THENCE North 44 degrees 03 minutes 10 seconds West, 308.49 feet to a point for corner; THENCE South 45 degrees 56 minutes 50 seconds West, 1,455.63 feet to a point for corner at the northeast corner of a called 5.034 acre tract of land described as Tract One in a Trustee's Deed to Georgian Bay Funding, LLC, recorded in Instrument No. 2022-157980, Official Public Records, Denton County, Texas (O.P.R.D.C.T.); THENCE South 68 degrees 37 minutes 00 seconds West, 928.07 feet to a point for corner; THENCE South 20 degrees 51 minutes 39 seconds East, 346.04 feet to a point for corner in the south line of said 125.97 acre tract of land and in the north line of E. Chapman Drive; THENCE along the south line of said 125.97 acre tract of land and along the north line of E. Chapman Drive as follows: South 69 degrees 08 minutes 21 seconds West, 267.35 feet to a point for corner; North 20 degrees 34 minutes 28 seconds West, 21.25 feet to a point for corner; South 69 degrees 12 minutes 05 seconds West, 180.79 feet to a point for corner; Southwesterly, 235.69 feet along a curve to the right, having a central angle of 14 degrees 05 minutes 45 seconds, a radius of 958.00 feet, a tangent of 118.44 feet and whose chord bears South 76 degrees 14 minutes 57 seconds West, 235.09 feet to a point for corner at the southwest corner of said 125.97 acre tract of land, said point being in the east line of the Gulf Colorado & Santa Fe Railroad (100' wide right-of-way); THENCE North 03 degrees 27 minutes 11 seconds West, 2,544.89 feet along the west line of said 125.97 acre tract of land and along the east line of said Gulf Colorado & Santa Fe Railroad to a point for corner at the northwest corner of said 125.97 acre tract of land, said point being at the southwest corner of a called 95.136 acre tract of land described in a Special Warranty Deed to Forestar (USA) Real Estate Group, Inc., recorded in Instrument No. 2024-125074, (O.P.R.D.C.T.); THENCE South 88 degrees 53 minutes 59 seconds East, 3,707.18 feet along the north line of said 125.97 acre tract of land to a point for corner at the northeast corner of said 125.97 acre tract of land, said point being in the west line of Marion Road (40' wide right-of-way); THENCE South 02 degrees 30 minutes 28 seconds West, 341.99 feet to the POINT OF BEGINNING and containing 4,916,479 square feet or 112.867 acres of land. TRACT 2 LEGAL DESCRIPTION - COMMERCIAL BEING a tract of land located in the City of Sanger, Denton County Texas, part of the Rueben Bebee Survey, Abstract No. 299, being part of a called 125.97 acre tract of land described as Tract Two and part of a called 5.034 acre tract of land described as Tract One both in a Trustee's Deed to Georgian Bay Funding, LLC, recorded in Instrument No. 2022-157980, Official Public Records, Denton County, Texas (O.P.R.D.C.T.) and being more particularly described as follows: COMMENCING at the southeast corner of said 125.97 acre tract land, said point being at the intersection of the west line of Marion Road with the north line of Farm to Market Road No 455 (aka E. Chapman Drive); THENCE South 61 degrees 26 minutes 57 seconds West, 1,004.08 feet to a point in the south line of said 125.97 acre tract of land, said point being in the north line of E. Chapman Drive and said point being the POINT OF BEGINNING of the herein described tract of land; THENCE along the south line of said 125.97 acre tract of land and along the north line of E. Chapman Drive as follows: Southwesterly, 119.98 feet along a curve to the left, having a central angle of 03 degrees 19 minutes 18 seconds, a radius of 2,069.50 feet, a tangent of 60.01 feet and whose chord bears South 47 degrees 36 minutes 29 seconds West, 119.98 feet to a point for corner; South 45 degrees 57 minutes 08 seconds West, 1,209.00 feet to a point for corner; South 43 degrees 51 minutes 46 seconds East, 9.91 feet to a point for corner; Southwesterly, 250.41 feet along a curve to the right, having a central angle of 09 degrees 57 minutes 48 seconds, a radius of 1,440.00 feet, a tangent of 125.52 feet and whose chord bears South 50 degrees 58 minutes 25 seconds West, 250.09 feet to a point at an angle point in the south line of said 125.97 acre tract of land, said point being in the east line of said 5.034 acre tract of land and said point being the northeast corner of a called 0.0539 acre tract of land described in a Deed to The State of Texas, recorded in Instrument No. 2018-95681 O.P.R.D.C.T.; THENCE Southwesterly, 302.69 feet along the north line of said 0.0539 acre tract of land, along the north line of E. Chapman Drive and along a curve to the right, having a central angle of 12 degrees 02 minutes 37 seconds, a radius of 1,440.00 feet, a tangent of 151.90 feet and whose chord bears South 62 degrees 03 minutes 01 seconds West, 302.13 feet to a point in the south line of said 5.034 acre tract of land; THENCE South 69 degrees 10 minutes 48 seconds West, 327.40 feet along the south line of said 5.034 acre tract of land and along the north line of E Chapman Drive to a point at an angle point in the south line of said 125.97 acre tract of land, said point being the southwest corner of said 5.034 acre tract of land; THENCE South 69 degrees 08 minutes 21 seconds West, 303.61 feet along the south line of said 125.97 acre tract of land and along the north line of E. Chapman Drive to a point for corner; THENCE North 20 degrees 51 minutes 39 seconds West, 346.04 feet to a point for corner; THENCE North 68 degrees 37 minutes 00 seconds East, 928.07 feet to a point for corner at the northeast corner of said 5.034 acre tract of land, said point being in the south line of said 125.97 acre tract of land; THENCE North 45 degrees 56 minutes 50 seconds East, 1,455.63 feet to a point for corner; THENCE South 44 degrees 03 minutes 10 seconds East, 308.49 feet to the POINT OF BEGINNING and containing 785,828 square feet or 18.040 acres of land. BASIS OF BEARING: The basis of bearing is based on the coordinate system (North Central Zone 4202 state plane coordinates, NAD83), distances shown hereon are grid distance values. Exhibit D ORD 08-22-25 - Page 1 of 1 [def:$signername|printname|req|signer1] [def:$signersig|sig|req|signer1] [def:$notarysig|sig|req|notary] [def:$date|date|req|notary] [def:$state|state|req|notary] [def:$county|county|req|notary] [def:$disclosure|disclosure|req|notary] [def:$seal|seal|req|notary]Denton Record-Chronicle 2413 Fort Worth Dr (940) 387-7755 I, Anjana Bhadoriya, of lawful age, being duly sworn upon oath depose and say that I am an agent of Column Software, PBC, duly appointed and authorized agent of the Publisher of Denton Record-Chronicle, a publication that is a "legal newspaper" as that phrase is defined for the city of Denton, for the County of Denton, in the state of Texas, that this affidavit is Page 1 of 1 with the full text of the sworn-to notice set forth on the pages that follow, and that the attachment hereto contains the correct copy of what was published in said legal newspaper in consecutive issues on the following dates: PUBLICATION DATES: Aug. 9, 2025 Aug. 12, 2025 Notice ID: SCwoOrsuRsCMNIhBav3E Notice Name: ORD 08-22-25 PUBLICATION FEE: $94.32 I declare under penalty of perjury that the foregoing is true and correct. [$signersig ] ______________________________ [$seal] Agent VERIFICATION State of Florida County of Orange Signed or attested before me on this: [$date] [$notarysig ] ______________________________ Notary Public [$disclosure] AFFIDAVIT OF PUBLICATION Notarized remotely online using communication technology via Proof. 08/12/2025