81R12850 SGA-F
By: Miller of Comal H.B. No. 4810
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Comal County Water Control and
Improvement District No. 5; providing authority to impose a tax and
issue bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9036 to read as follows:
CHAPTER 9036. COMAL COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 5
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9036.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Comal County Water Control
and Improvement District No. 5.
Sec. 9036.002. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9036.003. 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. 9036.004. CONSENT OF MUNICIPALITY AND COUNTY REQUIRED.
The temporary directors may not hold an election under Section
9036.003 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution and the county in which the
district is located has consented by order to the creation of the
district and to the inclusion of land in the district.
Sec. 9036.005. 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 water control and improvement district as
provided by general law and Section 59, Article XVI, Texas
Constitution, including the disposal of waste and control of storm
water; 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. 9036.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating 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.
[Sections 9036.007-9036.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9036.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9036.052, directors serve
staggered four-year terms.
Sec. 9036.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Robert W. Fischer;
(2) John Genovese;
(3) Scot Giese;
(4) Gary Rauser; and
(5) James N. Young.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 9036.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 9036.003 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 9036.003; 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 Texas Commission on Environmental
Quality 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.
[Sections 9036.053-9036.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9036.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9036.102. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution,
including the powers and duties that relate to the disposal of waste
and control of storm water under Section 51.331, Water Code.
Sec. 9036.103. 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. 9036.104. 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. 9036.105. 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 42.042 or 42.0425, Local Government Code, and that consents
to the creation of the district or to the inclusion of land in the
district.
Sec. 9036.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 9036.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 9036.107. 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
9036.003 to confirm the district's creation.
(f) An order dividing the district shall:
(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 Texas Commission on Environmental Quality 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 9036.003. A new district that is not confirmed is subject
to dissolution under general law.
(i) Municipal and county consent to the creation of the
district and to the inclusion of land in the district granted under
Section 9036.004 acts as municipal and county consent to the
creation of any new district created by the division of the district
and to the inclusion of land in the new district.
(j) 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.
[Sections 9036.108-9036.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9036.151. 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 9036.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 51, 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. 9036.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9036.151, 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. 9036.153. 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.
[Sections 9036.154-9036.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 9036.201. 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. 9036.202. 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 Section 51.433, Water Code.
Sec. 9036.203. 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.
SECTION 2. The Comal County Water Control and Improvement
District No. 5 initially includes all the territory contained in
the following area:
PART 1:
TRACT 1A:
A 5.128 acre tract of land out of Lot 2 of the Erna
Subdivision recorded in Volume 13, Page 137 of the Map and Plat
Records of Comal County, Texas, out of that 5.911 acre tract of land
conveyed to Travis Arthur Weidner in General Warranty Deed recorded
in Document # 200506007503 of the Official Records of Comal County,
Texas, out of the Agapito Gaytan Survey No. 194, Abstract No. 174,
in the City of Bulverde, Comal County, Texas. Said 5.128 acre tract
being more fully described as follows with bearings being based on
the North American Datum of 1983 (CORS 1996), from the Texas State
Plane Coordinate System established for the South Central Zone, and
the west right-of-way line of U.S. Highway 281:
COMMENCING: At a point for the southeast corner of said Lot
2, the south corner of Lot 104 of Saddleridge Subdivision Unit 1
recorded in Volume 13, Pages 42-48 of the Map and Plat Records of
Comal County, Texas, on the west right-of-way line of U.S. Highway
281, a variable width right-of-way at this point;
THENCE: N 5559'38" W, along and with the southwest line of
said Lot 104 and Lot 94 of said Saddleridge Subdivision, a northeast
line of said Lot 2, a distance of 319.40 feet to the POINT OF
BEGINNING of the herein described tract, a point on the northwest
line of the City Limits of Bulverde;
S 7048'13" W, departing the southwest line of said Lot
94, over and across said Lot 2, a distance of 497.49 feet to a point
on the north line of a 10.00 acre tract recorded in Document Number
9806013846 of the Official Records of Comal County, Texas, a south
line of said Lot 2;
THENCE: N 8610'47" W, along and with the north line of said
10.00 acre tract, a south line of said Lot 2, a distance of 194.76
feet to a point for an angle;
THENCE: S 8826'59"W, along and with the north line of said
10.00 acre tract, the south line of said Lot 2, a distance of 60.09
feet to a point, the southwest corner of said Lot 2, the southeast
corner of Lot 101 of said Saddleridge Subdivision Unit 1;
THENCE: N 0546'24"E, departing the line of said 10.00 acre
tract, and along and with the west line of said Lot 2 and the east
line of said Lot 101 a distance of 503.26 feet to a point, the
northwest corner of said Lot 2, the northeast corner of Lot 101, an
angle in the south line of Lot 95 of said Saddleridge Subdivision
Unit 1;
THENCE: S 7613'48"E, along and with the south line of said
Lot 95, and with the north line of said Lot 2, a distance of 139.91
feet to a point for an angle;
THENCE: S 7201'55"E, along and with the south line of said
Lot 95 and the north line of said Lot 2, a distance of 183.51 feet to
the southeast corner of said Lot 95, the southwest western corner of
Lot 94 of said Saddleridge Subdivision Unit 1;
THENCE: S 5116'22"E, along and with the southwest line of
said Lot 94 and the north line of said Lot 2, a distance of 136.67
feet to a point for an angle;
THENCE: S 5559'38" E, along and with the southwest line of
said Lot 94 and the north line of said Lot 2, a distance of 309.44
feet to the POINT OF BEGINNING and containing 5.128 acres in Comal
County, Texas.
TRACT 1B:
A 10.922 acre tract of land being a portion of Bulverde
Commercial Subdivision recorded in Volume 13, Page 1 of the Map and
Plat Records of Comal County, Texas, and a portion of the Bulverde
Commercial Subdivision, Unit 2 recorded in Volume 13, Page 57 of the
Map and Plat Records of Comal County, also being out of the Agapito
Gayton Survey Number 194, Abstract Number 174, Comal County, Texas.
Said 10.922 acre tract being more fully described as follows, with
bearings based on the plats of said subdivisions.
COMMENCING: At a point on the south right-of-way line of F.M.
1863, a variable width right-of-way, at the north corner of said
Bulverde Commercial Subdivision, the northwest corner of the said
Bulverde Commercial Subdivision Unit 2, at the cutback to the east
right-of-way line of U.S. 281, a variable width right-of-way;
THENCE: S 8358'18"E, along and with the south right-of-way
line of said F.M. 1863, the north line of said Bulverde Commercial
Subdivision Unit 2, a distance of 352.79 feet to a point, for the
northwest corner of a 45.81 acre tract of land being the remainder
of that Save & Except 50.00 acre tract conveyed to Cibolo Valley
Ranch, LTD in Correction Special Warranty Deed recorded in Document
200006010170 of the Official Records of Comal County, Texas;
THENCE: S 0007'13" E, along and with said Bulverde
Commercial Subdivision Unit 2, the west line of said 45.81 acre
tract, a distance of 402.70 feet to a point on the south line of the
City Limits of Bulverde line, the POINT OF BEGINNING;
THENCE: S 0007'13" E, continuing along and with said
Bulverde Commercial Subdivision Unit 2, the west line of said 45.81
acre tract, a distance of 36.13 feet to a point for the southeast
corner of said Bulverde Commercial Subdivision Unit 2 a re-entrant
corner of said 45.81 acre tract;
THENCE: S 6912'48" W, along and with the south line of said
Bulverde Commercial Subdivision Unit 2, a north line of said 45.81
acre tract a distance of 374.53 feet to a point for the southwest
corner of said Bulverde Commercial Subdivision Unit 2, the
northwest corner of said 45.81 acre tract, a point on the east line
of said Bulverde Commercial Subdivision;
THENCE: S 0007'12" E, along and with the east line of said
Bulverde Commercial Subdivision, the west line of said 45.81 acre
tract a distance of 734.07 feet to a point for the southeast corner
of said Bulverde Commercial Subdivision, the north corner of a
92.37 acre tract recorded in Volume 739, Page 202 of the Deed
Records of Comal County, Texas;
THENCE: S 7753'26" W, departing the west line of said 45.81
acre tract, the north line of said 92.37 acre tract a distance of
644.66 feet to a point on curve in the northeast right-of-way line
of Ancestral Trail, a 60-foot private street dedicated in the
Weidner Subdivision Unit 1, recorded in Volume 11, Pages 330-331 of
the Map and Plat Records of Comal County, Texas, a southwest line of
said Bulverde Commercial Subdivision;
THENCE: Along the northeast right-of-way line of said
Ancestral Trail, the southwest line of said Bulverde Commercial
Subdivision, with a non-tangent curve to the left said curve having
a radial bearing of S 6558'51" W, a radius of 630.00 feet, a central
angle of 1857'04", a chord bearing and distance of N 3329'41" W,
207.43 feet, an arc length of 208.38 feet to a point of tangency;
THENCE: N 4258'13" W, continuing along and with the
northeast right-of-way line of said Ancestral Trail, the southwest
line of said Bulverde Commercial Subdivision, a distance of 18.13
feet to a point on the southeast City Limit of Bulverde line;
THENCE: Departing the northeast right-of-way line of said
Ancestral Trail, over and across said Bulverde Commercial
Subdivision and Bulverde Commercial Subdivision Unit 2, along and
with said City Limit line the following calls and distances:
N 3609'58" E, a distance of 122.57 feet to a point;
N 4102'38" E, a distance of 663.67 feet to a point;
N 3428'22" E, a distance of 360.94 feet to a point;
THENCE: S 8328'46" E, a distance of 395.83 feet to the POINT
OF BEGINNING, and containing 10.922 acres in Comal County, Texas.
TRACT 1C:
A 1.430 acre tract of land out of that 10.00 acre tract
conveyed to Dam Investments, Ltd. in Document Number 9806013846 of
the Official Records of Comal County, Texas, and Pecos Blue Moon
L.P. in Document Number 9606007045 of the Official Records of Comal
County, Texas, out of the Agapito Gaytan Survey No. 194, Abstract
No. 174, Comal County, Texas. Said 1.430 acre tract being more fully
described as follows, with bearings based on the North American
Datum of 1983 (CORS 1996), from the Texas Coordinate System
established for the South Central Zone.
BEGINNING: At a point at the intersection of the east
right-of-way line of Saddleridge Drive, a variable width private
right-of-way, and Saddleridge Court a 60' private right-of-way as
shown in Saddleridge Subdivision Unit 1 recorded in Volume 13,
Pages 42-48 of the Map and Plat Records of Comal County, Texas, the
northwest corner of the said 10.00 acre tract;
THENCE: N 8825'43" E, along and with the south line of said
Saddleridge Court, the north line of said 10.00 acre tract, at a
distance of 283.64 feet passing a found 1/2" iron rod being at the
southwest corner of Lot 101 of said Saddleridge Subdivision Unit 1,
continuing along and with the south line of said Lot 101 at a
distance of 490.91 passing a found pk nail being the southeast
corner of said Lot 101 and the southwest corner of Lot 2 of the Erna
Subdivision recorded in Volume 13, Page 137 of the Map and Plat
Records of Comal County, Texas, and continuing for a total distance
of 551.20 feet to a point;
THENCE: S 8610'47" E, along and with the north line of said
10.00 acre tract and the south line of said Lot 2 a distance of
194.76 feet to a point;
THENCE: Departing the north line of said 10.00 acre tract and
the south line of said Lot 2, over and across said 10.00 acres the
following calls and distances:
S 7044'16" W, a distance of 268.86 feet to a point;
S 8825'43" W, a distance of 488.95 feet to a point on
the east right-of-way line of said Saddleridge Drive;
THENCE: N 0134'17" W, a distance of 100.00 feet to the POINT
OF BEGINNING, and containing 1.430 acres in the City of Bulverde,
Comal County, Texas.
TRACT 1D:
A 38.367 acre tract out of a 45.81 acre tract of land being
the remainder of that Save & Except 50.00 acre tract conveyed to
Cibolo Valley Ranch, LTD in Correction Special Warranty Deed
recorded in Document 200006010170 of the Official Records of Comal
County, Texas and being part of a 140.0 acre tract conveyed to Fritz
Voges in Deed recorded in Volume M, Pages 746-747 of the Deed
Records of Comal County, also being out of the Agapito Gayton Survey
Number 194, Abstract Number 174, Comal County, Texas. Said 38.367
acre tract being more fully described as follows, bearings being
based on the North American Datum of 1983, (CORS 1996), from Texas
Coordinate System established for the South Central Zone:
COMMENCING: At a point on the south right-of-way line of F.M.
1863 at a point for a northwest corner of a 140 acre tract recorded
in Doc #200006010170 of the Deed Records of Comal County, the
northeast comer of said 45.81 acre tract;
THENCE: S 0030'11"E, departing south right-of-way line of
said F.M. 1863, along and with the east line of said 45.81 acre
tract, a west line of said 140 acres, a distance of 402.61 feet to a
point on the south Bulverde City Limit line, the north line of the
Bulverde Extra-Territorial Jurisdiction, the POINT OF BEGINNING
for the herein described tract;
THENCE: S 0030'11" E, departing the south Bulverde City
Limit line, the north line of the Bulverde Extra-Territorial
Jurisdiction, along and with the east line of said 45.81 acre tract,
a west line of said 140 acres a distance of 1419.71 feet to a point
for the southeast corner of the said 45.81 acre tract, a re-entrant
corner of the said 140 acres;
THENCE: S 8927'30"W, along and with the south line of said
45.81 acre tract, a distance of 1152.01 feet to a point, the
southwest corner of this 45.81 acre tract, a point on the east line
of a 92.37 acre tract recorded in Volume 739, Page 202 of the Deed
Records of Comal County, a northwest corner of said 140 acre tract;
THENCE: N 0036'44"W, along and with the west line of said
45.81 acre tract, the east line of said 92.37 acre tract, passing
the southeast corner of the Bulverde Commercial Subdivision Unit 2
recorded in Volume 13, Page 1 of the Map and Plat Records of Comal
County, Texas, the northeast corner of said 92.37 acre tract, and
continuing along and with the east line of said Bulverde Commercial
Subdivision Unit 2 for a total distance of 1343.61 feet to a point
for the southwest corner of said Lot 10, a northwest corner of the
said 45.81 acre tract;
THENCE: N 6843'16"E, along and with the south line of said
Lot 10, a distance of 374.53 feet to a point, the southeast corner
of said Lot 10 a re-entrant corner of the said 45.81 acre tract;
THENCE: N 0036'45" W, along and with the east line of said
Lot 10, a west line of said 45.81 acre tract a distance of 36.13 feet
to a point on the south Bulverde City Limit line, the north line of
the Bulverde Extra-Territorial Jurisdiction;
THENCE: S 8358'18" E, departing the east line of said Lot 10,
a west line of said 45.81 acre tract, along and with said city limit
line a distance of 809.72 feet to the POINT OF BEGINNING, and
containing 38.367 acres in the Comal County, Texas.
TRACT 1E:
A 116.2 acre, or 5,063,012 square feet more or less, tract of
land being all of that called 115.596 acre tract described in
conveyance to Dora Uecker Williamson, Wilfred Uecker and Eugene
Uecker in Deed of Gift recorded in Document No. 200606015932 of the
Official Records of Comal County, Texas, out of the Agapito Gayton
Survey No. 194, Abstract 174, of Comal County, Texas. Said 116.2
acre tract being more fully described as follows with bearings
being based on the North American Datum of 1983 (CORS 1996), from
the Texas Coordinate System established for the South Central Zone
and the south right-of-way of State Farm to Market road No. 1863
(F.M. 1863), right-of-way varies:
BEGINNING: At a point on the south right-of-way line of said
F.M. 1863, the northeast corner of a 140 acre tract (Tract 2)
recorded in Document No. 9906009079 of the Official Records of
Comal County, Texas, the northwest corner of said called 115.596
acre tract;
THENCE: Along and with the south right-of-way line of said
F.M. 1863, the north line of said called 115.596 acre tract the
following calls and distances:
S 8926'32"E, a distance of 162.58 feet to a point;
S 8357'24"E, a distance of 219.14 feet to a found point,
a point of non-tangent curvature;
Northeasterly, along the arc of a curve to the left,
said curve having a radial bearing of N 0604'31" E, a radius of
1472.70 feet, a central angle of 3102'38", a chord bearing and
distance of N 8033'12" E, 788.21 feet, for an arc length of 797.94
feet to a point, a point of non-tangency;
N 6459'35"E, a distance of 519.99 feet to a point, a
point of non-tangent curvature;
Northeasterly, along the arc of a curve to the right,
said curve having a radial bearing of S 2456'32" E, a radius of
1392.70 feet, a central angle of 2208'45", a chord bearing and
distance of N 7607'50" E, 534.96 feet, for an arc length of 538.30
feet to a point, a point of non-tangency;
N 8704'25"E, a distance of 321.44 feet to a point, a
point of curvature;
Northeasterly, along the arc of a curve to the left,
said curve having a radius of 1472.70 feet, a central angle of
253'47", a chord bearing and distance of N 8537'32" E, 74.44 feet,
for an arc length of 74.45 feet to a point, the northwest corner of a
remaining portion of a 261.17 acre tract recorded in Volume 68,
Pages 631-633 of the Deed Records of Comal County, Texas, the
northeast corner of said called 115.596 acre tract;
THENCE: Departing the south right-of-way line of said F.M.
1863, along and with the west line of said remaining portion of a
261.17 acre tract, an east line of said called 115.596 acre tract
the following calls and distances:
S 0058'32"E, a distance of 110.71 feet to a point;
S 5721'19"E, a distance of 308.75 feet to a point;
S 4337'43"E, a distance of 138.58 feet to a point, on
the centerline of the Cibolo Creek, the west line of a 220.5 acre
tract recorded in Volume 2631, Pages 165-166 of the Official
Records of Comal County, Texas;
THENCE: Along and with the centerline of Cibolo Creek, the
west line of said 220.5 acre tract the following calls and
distances:
S 2143'47"W, a distance of 138.53 feet to a point;
S 0654'23"W, a distance of 157.52 feet to a point;
S 1250'20"E, a distance of 191.11 feet to a point;
S 1552'34"W, a distance of 252.92 feet to a point;
S 4459'18"W, a distance of 130.66 feet to a point;
S 0426'32"W, a distance of 590.43 feet to a point;
S 18"22'43"E, a distance of 120.64 feet to a point, the
northeast corner of a 387.057 acre tract, the southeast corner of
the aforementioned called 115.596 acre tract;
THENCE: S 8940'01"W, departing the west line of said 220.5
acre tract, along and with the north line of said 387.057 acre
tract, a south line of said called 115.596 acre tract, at a distance
of 906.4 feet passing point for the northeast corner of a 3.002 acre
tract recorded in Volume 862, Pages 874-877 of the Official Records
of Comal County, Texas and continuing for a total distance of
1310.37 feet to a point, from which a found 1/2" iron rod bears N
1443'14"E, 0.81 feet;
THENCE: S 1452'59"W, along and with an east line of said
called 115.596 acre tract, the west line of said 3.002 acre tract,
at a distance of 241.2 feet passing the northwest corner of a 0.238
acre tract recorded in Document No. 464834 of the Official Records
of Comal County, Texas and continuing for a total distance of 302.43
feet to a point, a common angle point of said 0.238 acre tract and
said called 115.596 acre tract;
THENCE: S 00"18'53"W, continuing with an east line of said
called 115.596 acre tract, the west line of said 0.238 acre tract, a
distance of 132.14 feet to a point on the north line of the
aforementioned 387.057 acre tract, a southeast corner of said
called 115.596 acre tract, the southwest corner of said 0.238 acre
tract;
THENCE: S 8931'19"W, along and with the north line of said
387.057 acre tract, a south line of said called 115.596 acre tract,
a distance of 1299.77 feet to a point, on the east line of the
aforementioned 140 acre tract (Tract 2), the northwest corner of
said 387.057 acre tract, the southwest corner of said called
115.596 acre tract;
THENCE: Along and with the east line of said 140 acre tract
(Tract 2), the west line of said 115.596 acre tract the following
calls and distances:
N 0038'45"W, a distance of 999.92 feet to a point;
N 0018'24"W, a distance of 855.96 feet to the POINT OF
BEGINNING and containing 116.2 acres in Comal County, Texas.
TRACT 1F:
A 15.538 acre tract of land being a portion of Lot 827A and
all of Lot 827B of The Crossing at 46 subdivision recorded in Volume
15, Pages 275-276 and all of Lots 828 and 829 of the River Crossing
subdivision Unit Four, recorded in Volume 14, Page 219-220 and all
of Lots 56, 57 and 58 of the Ridgeview Oaks West subdivision,
recorded in Volume 3, Pages 28-29 all of the Map and Plat Records of
Comal County, Texas, out of the Theo Miller Survey No. 323, Abstract
384, Comal County, Texas. Said 15.538 acre tract being more fully
described as follows, with bearings based on the North American
Datum of 1983 (CORS 1996), from the Texas Coordinate System
established for the South Central Zone.
COMMENCING: At a point at the southwest end of the cutback
line at the intersection of the north right-of-way line of State
Highway 46, a 130-foot right-of-way at this point, with the west
right-of-way line of River Way, a 60-foot right-of-way dedicated in
the River Crossing Subdivision recorded in Volume 14, Pages 19-20
of the Map and Plat Records of Comal County, Texas, for the
southeast corner of said Lot 827A;
THENCE: N 4348'10" E, along and with the southeast line of
said Lot 827A a distance of 35.36 feet to a point the northwest
cutback line of the intersection of the north right-of-way line of
said State Highway 46, the west right-of-way line of said River Way;
N 0113'22" W, along and with the west right-of-way line
of said River Way, the east line of said Lot 827A a distance of
215.00 feet to the POINT OF BEGINNING, a point on the north City
Limits of Bulverde line;
THENCE: S 8848'10" W, departing the west right-of-way line
of said River Way, over and across said Lot 827A, along and with
said city limit line a distance of 736.65 feet to a point on the east
line of said Lot 58; the west line of said Lot 827A;
THENCE: S 0010'10" E, along and with the east line of said
Lot 58, the west line of said 827A and the said city limit line a
distance of 43.48 feet to a point for the northeast corner of said
Lot 59, the southeast corner of said Lot 58, a point on the west line
of said Lot 827A;
THENCE: N 8951'24" W, along and with the north line of said
Lot 59, the south line of said Lot 58 and the said city limit line a
distance of 399.64 feet to a point on the east right-of-way line of
Rainbow Drive, a 60-foot right-of-way dedicated in the said
Ridgeview Oaks-West subdivision, the northwest corner of said Lot
59, the southwest corner of said Lot 58;
THENCE: N 0008'36" E, departing said city limit line, along
and with the east right-of-way line of said Rainbow Drive, the west
line of said Lots 58 and 57, a distance of 452.60 feet to the
northwest corner of said Lot 57, the southwest corner of Lot 56 of
said Ridgeview Oaks-West subdivision;
THENCE: N 0006'58" E, and with the east right-of-way line of
said Rainbow Drive, the west line of said Lot 56 a distance of
226.30 feet to a point for the northwest corner of said Lot 56, the
southwest corner of Lot 55 of the said Ridgeview Oaks-West
subdivision;
THENCE: S 8953'02" E, departing the east right-of-way line
of said Rainbow Drive, along and with the north line of said Lot 56,
the south line of said Lot 55, a distance of 395.79 feet to a point
on the west line of said Lot 828, the northeast corner of said Lot
56, the southeast corner of said Lot 55;
THENCE: S 0100'39" E, along and with the east line of said
Lot 56, the west line of said Lot 828 a distance of 38.33 feet to a
point for the southwest corner of said Lot 828, the northwest corner
of said Lot 827A;
THENCE: S 8955'56" E, departing the east line of said Lot 56,
along and with the south line of said Lot 828, the north line of said
Lot 827A, a distance of 601.02 feet to a point on the west
right-of-way line of said River Way, the southeast corner of said
Lot 828, a northeast corner of said Lot 827A;
THENCE: S 1858'49" E, along and with the west right-of-way
line of said River Way, the east line of said Lot 827A and 827B a
distance of 365.99 feet to a point of curvature;
THENCE: Along the west right-of-way line of said River Way,
the east line of said Lot 827B with a tangent curve to the right said
curve having radius of 270.00 feet, a central angle of 1745'27", a
chord bearing and distance of S 1006'06" E, 83.35 feet, an arc
length of 83.68 feet to a point of tangency;
THENCE: S 0113'22" E, along and with the west right-of-way
line of said River Way, the east line of said Lot 827A and 827B a
distance of 153.08 feet to the POINT OF BEGINNING, and containing
15.538 acres in the Comal County, Texas.
PART 2:
TRACT 2A:
All that certain 105.5 acres of land in the John Kaderli
Survey No. 449, Abstract No. 308, and the Jacob Kaderli Survey No.
465, Abstract No. 309, Comal County Texas, which is the remainder of
the 196.62 acre tract described in the deed to Gary Eldon Bartlett
recorded under Volume 764, Pages 643-649, Official Records, Comal
County, Texas, and being more particularly described by metes and
bounds as follows: (All bearings based on the Texas State Plane
Coordinate System, South Central Zone)
COMMENCING at a 1/2" iron rod found in the east line of Stahl
Road, said iron rod is common to the southwest corner of said 196.62
acre tract, and is common to the southwest corner of a 21.00 acre
tract described in the deed from Gary Eldon Bartlett and wife,
Brandy Kay Bartlett to Stephen C. Lundgren and wife, Diane K
Lundgren, recorded under Document No. 9806013761, Official Public
Records of Real Property, Comal County, Texas;
THENCE N 24 55' 33" W - 88.10' along said east line of Stahl
Road and west line of said 21.00 acre tract to a 1/2" iron rod found
for the POINT OF BEGINNING;
THENCE N 24 55' 33" W - 58.91' along said east line of Stahl
Road and west line of the before mentioned 196.62 acre tract to a
3/4" iron rod set common to an angle corner of the herein described
tract;
THENCE N 00 47' 14" W - 1071.68' along said east line of Stahl
Road and west line of said 196.62 acre tract to a 3/4" iron rod set
common to an angle corner of the herein described tract;
THENCE N 01 09' 20" E - 583.04' continuing along said east
line of Stahl Road and west line of said 196.62 acre tract to a 3/4"
iron rod set common to the southwest corner of a 2.889 acre tract
described as Lot 1, Bartlett's Paradise Valley Subdivision, in Plat
recorded under Volume 10, Page 174, Map and Plat Records, Comal
County, Texas;
THENCE along the lines of said Lot 1 the following:
S 88 47' 33" E - 1030.80' along the south line of said
Lot 1 to a 1/2" iron rod found common to an angle corner of the
herein described tract;
S 49 19' 58" E - 250.00' along the south line of said Lot
1 to a 1/2" iron rod found common to an angle corner of the herein
described tract;
N 40 40' 02" E - 250.00' along the south line of said Lot
1 to a 1/2" iron rod found common to the most easterly corner of said
Lot 1, an angle corner of the herein described tract;
N 49 19' 58" W - 250.00' along the north line of said Lot
1 to a 1/2" iron rod found common to an angle corner of the herein
described tract;
S 40 40' 02" W - 172.29' along the north line of said Lot
1 to a 1/2" iron rod found common to an angle corner of the herein
described tract;
N 88 47' 33" W - 1080.24' along the north line of said
Lot 1 to a 3/4" iron rod set in the east line of said Stahl Road and
the west line of said 196.62 acre tract common to the northwest
corner of said Lot 1 an angle corner of the herein described tract;
THENCE N 01 09' 20" E - 289.12' along said east line of Stahl
Road and west line of said 196.62 acre tract to a 3/4" iron rod set
common to an angle corner of the herein described tract;
THENCE N 41 05' 30" E - 228.89' continuing along said east
line of Stahl Road and west line of said 196.62 acre tract to a 3/4"
iron rod set common to an angle corner of the herein described
tract;
THENCE S 61 25' 07" E - 553.95' departing said east line of
Stahl Road and into said 196.62 acre tract to a 3/4" iron rod set
common to an angle corner of the herein described tract;
THENCE N 42 47' 59" E - 460.00' to a 3/4" iron rod set in the
southerly line of a 21.0 acre tract described in deed to Peter J.
Almquist from Andrew T. Almquist recorded under Document No.
200506033008, Official Public Records of Real Property, Comal
County, Texas, said line also being the northerly line of the before
mentioned 196.62 acre tract and common to an angle corner of the
herein described tract;
THENCE S 63 26' 23" E - 251.06' along the southerly line of
said 21.0 acre tract to a 3/4" iron rod set common to an angle point
of the herein described tract;
THENCE N 89 32' 35" E - 1156.22' along the southerly line of
said 21.0 acre tract, at 421.56' pass a 1/2" iron rod found, to a
3/4" iron rod set common to an angle corner of a 36.513 acre tract
described in deed to Randy and Kellye Harris from Andrew T. Almquist
recorded under Document No. 200206003624, Official Public Records
of Real Property, Comal County, Texas, said iron is common to the
northeast corner of the herein described tract;
THENCE S 00 06' 34" E - 817.22' along the westerly line of
said 36.513 acre tract to a 3/4" iron rod set common to an angle
point of the said 36.513 acre tract, and common to the northwest
corner of a 3.814 acre tract described in deed to Randy Harris from
Gary Eldon Bartlett recorded under Document No. 200306031386,
Official Public Records of Real Property, Comal County, Texas, said
iron common to an angle corner of the herein described tract;
THENCE S 03 48' 08" E - 183.53' along the westerly line of
said Harris tract to a 3/4" iron rod set common to the west corner of
said Harris tract and common to an angle corner of the herein
described tract;
THENCE S 33 50' 35" E - 658.91' along the southwesterly line
of said Harris tract to a 3/4" iron rod set common to the most
southerly corner of said Harris tract and common to an angle corner
of the herein described tract;
THENCE S 00 35' 26" E - 42.43' to a 3/8" iron rod found common
to the northeast corner of the aforementioned Lundgren 21.00 acre
tract and common to the southeast corner of the herein described
tract;
THENCE along the north line of said Lundgren 21.00 acre tract
the following:
S 82 44' 47" W - 56.36' along the north line of said
Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
angle corner of the herein described tract;
N 87 02' 05" W - 125.63' along the north line of said
Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
angle corner of the herein described tract;
N 79 52' 35" W - 140.95' along the north line of said
Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
angle corner of the herein described tract;
S 62 58' 32" W - 551.30' along the north line of said
Lundgren 21.00 acre tract to a 1/2" iron rod found for an angle
corner of the herein described tract;
N 70 28' 33" W - 492.76' along the north line of said
Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
angle corner of the herein described tract;
S 09 44' 51" E - 104.00' along the north line of said
Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
angle corner of the herein described tract;
N 86 04' 19" W - 75.76' along the north line of said
Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
angle corner of the herein described tract;
S 07 47' 29" W - 173.03' along the north line of said
Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
angle corner of the herein described tract;
S 16 51' 24" W - 287.11' along the north line of said
Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
angle corner of the herein described tract;
THENCE S 89 49' 45" W - 1250.21 along the north line of said
Lundgren 21.00 acre tract to the POINT OF BEGINNING of the herein
described tract and containing 105.5 acres of land.
TRACT 2B:
All that certain 21.00 acres of land in the John Kaderli
Survey No. 449, Abstract No. 308, the Jacob Kaderli Survey No. 465,
Abstract No. 309, the F.H. Faigaux Survey, No. 578, Abstract No. 169
and in the J. Rittimann Survey No. 579, Abstract No. 500, Comal
County Texas, which is all of the land described in the deed from
Gary Eldon Bartlett and wife Brandy K. Bartlett to Stephen C.
Lundgren and wife Diane K. Lundgren, recorded under Document No.
9806013761, Official Public Records of Real Property, Comal County,
Texas, and being more particularly described by metes and bounds as
follows: (All bearings based on the Texas State Plane Coordinate
System, South Central Zone)
BEGINNING at a 1/2" iron rod found in the east line of Stahl
Road, said iron rod is the southwest corner of a 196.62 acre tract
described in the deed from Brandy Kay Bartlett to Gary Eldon
Bartlett recorded under Document No. 200206018898, Official Public
Records of Real Property, Comal County, Texas;
THENCE N 24 55' 33" W - 88.10' along said east line of Stahl
Road and west line of said 196.62 acre tract to a 1/2" iron rod found
common to the northwest corner of the herein described tract;
THENCE N 89 49' 45" E - 1250.21' to a 1/2" iron rod found
common to an angle corner of the herein described tract;
THENCE N 16 51' 24" E - 287.11' to a 1/2" iron rod found
common to an angle corner of the herein described tract;
THENCE N 07 47' 29" E - 173.03' to a 1/2" iron rod found
common to an angle corner of the herein described tract;
THENCE S 86 04' 19" E - 75.76' to a 1/2" iron rod found common
to an angle corner of the herein described tract;
THENCE N 09 44' 51" W - 104.00' to a 1/2" iron rod found
common to an angle corner of the herein described tract;
THENCE S 70 28' 33" E - 492.76' to a 1/2" iron rod found
common to an angle corner of the herein described tract;
THENCE N 62 58' 32" E - 551.30' to a 1/2" iron rod found
common to an angle corner of the herein described tract;
THENCE S 79 52' 35" E - 140.95' to a 1/2" iron rod found
common to an angle corner of the herein described tract;
THENCE S 87 02' 05" E - 125.63' to a 1/2" iron rod found
common to an angle corner of the herein described tract;
THENCE N 82 44' 47" E - 56.36' to a 3/8" iron rod found common
to the northeast corner of the herein described tract;
THENCE S 00 43' 14" E - 680.91' to a 1/2" iron rod found
common to the northwest corner of the 43.547 acre tract described in
deed from Mark B. Wagner, et al to Helena Kleck Vivian recorded
under Document No. 200106022554, Official Public Records of Real
Property, Comal County, Texas, common to the southeast corner of
the herein described tract;
THENCE S 89 49' 45" W - 2661.99' along the north line of said
43.547 acre tract to the POINT OF BEGINNING of the herein described
tract and containing 21.00 acres of land.
TRACT 2C:
All that certain 2.889 acres of land in the John Kaderli
Survey No. 449, Abstract No. 308, and the Jacob Kaderli Survey No.
465, Abstract No. 309, Comal County Texas, which is all of the land
described as Lot 1, Bartlett's Paradise Valley Subdivision,
recorded under Volume 10, Page 174, Plat Records, Comal County,
Texas, and being more particularly described by metes and bounds as
follows: (All bearings based on the Texas State Plane Coordinate
System, South Central Zone)
COMMENCING at a 1/2" iron rod found in the east line of Stahl
Road, said iron rod is common to the southwest corner of a 196.62
acre tract described in the deed from Brandy Kay Bartlett to Gary
Eldon Bartlett recorded under Document No. 200206018898, Deed
Records, Comal County, Texas;
THENCE N 24 55' 33" W - 147.01' along said east line of Stahl
Road and west line of said 196.62 acre tract to a 3/4" iron rod set
for an angle corner;
THENCE N 00 47' 14" W - 1071.68' along said east line of Stahl
Road and west line of said 196.62 acre tract to a 3/4" iron rod set
for an angle corner;
THENCE N 01 09' 20" E - 583.04' along said east line of Stahl
Road and west line of said 196.62 acre tract to a 3/4" iron rod set
for the POINT OF BEGINNING;
THENCE N 01 09' 20" E - 60.00' to a 3/4" iron rod set for the
northwest corner of the herein described tract;
THENCE S 88 47' 33" E - 1080.24' to a 1/2" iron rod found for
an angle corner of the herein described tract;
THENCE N 40 40' 02" E - 172.29' to a 1/2" iron rod found for
the most northerly corner of the herein described tract;
THENCE S 49 19' 58" E - 250.00' to a 1/2" iron rod found for
the most easterly corner of the herein described tract;
THENCE S 40 40' 02" W - 250.00' to a 1/2" iron rod found for
the most southerly corner of the herein described tract;
THENCE N 49 19' 58" W - 250.00' to a 1/2" iron rod found for an
angle corner of the herein described tract;
THENCE N 88 47' 33" W - 1030.80' to the POINT OF BEGINNING of
the herein described tract and containing 2.889 acres of land.
TRACT 2D:
All that certain 497.9 acres of land in the Daniel Lewis
Survey No. 347, Abstract No. 367, the M. Jamison Survey No. 697,
Abstract No. 298, and the John Byland Survey No. 438, Abstract No.
50, Comal County Texas, which is all of the land described in the
deed from Edward H. Knowlton and wife, Ann Knowlton to Paul G.
Silber Jr. and wife, Phyllis Silber, and in the deed from Paradise
Valley Corporation to Paul G. Silber Jr. recorded under Volume 147,
Page 404 and Volume 331, Page 879, Deed Records, Comal County,
Texas, respectively, and being more particularly described by metes
and bounds as follows: (All bearings based on the Texas State Plane
Coordinate System, South Central Zone)
BEGINNING at a 39" diameter Live Oak tree, said tree is common
to the southeast corner of a 20.000 acre tract described in the deed
from Jane K. Kleck to Cantu Medical Association recorded under
Volume 424, Page 822 Deed Records, Comal County, Texas, said tree
common to the southwest corner of the herein described tract;
THENCE N 00 30' 25" W - 3004.27' along the east line of said
Cantu Medical Association tract, the east line of a 43.567 acre
tract described in deed from Helena Kleck Vivian to Mark B. Wagner
and Barbara Wagner recorded under Document No. 200106022370
Official Public Records of Real Property, Comal County Texas, the
east line of a 43.547 acre tract described in deed from Mark D.
Wagner and wife, Barbara Wagner and Pamela Wyrick and husband Jerry
Lynn Wyrick to Helena Kleck Vivian recorded under Document No.
200106022554, Official Public Records of Real Property, Comal
County Texas, and the west line of the herein described tract to a
1/2" iron rod found, said iron rod is common to the southwest corner
of a 21.00 acre tract described in the deed from Gary Eldon Bartlett
and wife, Brandy K. Bartlett to Stephen C. Lundgren and wife, Diane
K. Lundgren, recorded under Document No. 9806013761, Official
Public Records of Real Property, Comal County Texas, said iron rod
is common to an angle point of the herein described tract;
THENCE N 00 43' 14" W - 680.91' along the east line of
Lundgren tract and the west line of the herein described tract to a
3/8" iron rod found common to the northeast corner of said Lundgren
tract, the southwest corner of a 36.513 acre tract described in the
deed from Andrew T. Almquist to Randy and Kellye Harris, recorded
under Document No. 200206003624, Official Public Records of Real
Property, Comal County Texas, and the northwest corner of the
herein described tract;
THENCE along the south line of said Harris tract and the north
line of the herein described tract the following:
N 81 00' 20" E - 156.49' along the south line of said
Harris tract to a 3/8" iron rod found for an angle corner of the
herein described tract;
N 70 25' 04" E - 417.66' along the south line of said
Harris tract to a 3/4" iron rod set for an angle corner of the herein
described tract;
N 78 48' 24" E - 845.87' along the south line of said
Harris tract to a fence corner found for an angle corner of the
herein described tract;
S 83 53' 55" E - 185.15' along the south line of said
Harris tract to a 12" wood post found for an angle corner of the
herein described tract;
N 81 55' 55" E - 471.21' along the south line of said
Harris tract to a fence corner found for an angle corner of the
herein described tract;
THENCE N 08 09' 17" W -120.10' along the easterly line of said
Harris tract to a 1/2" iron rod found for the most southerly corner
of a 31.89 acre tract described in the deed from Gibbons-Markey
Family Limited Partnership to Keith L. Markey, and wife Donna
Gibbons Markey recorded under Document No. 200306000632, Official
Public Records of Real Property, Comal County Texas, said iron rod
common to an angle corner of the herein described tract;
THENCE N 77 55' 49" E - 2075.17' along the south line of said
Markey tract, and the south line of a 49.35 acre tract described in
the deed from General Investment Corporation to John S. Best and
wife, Janet E. Best recorded under Document No. 9806012293,
Official Public Records of Real Property, Comal County, Texas, to a
3/4" iron rod set common to an angle corner of the herein described
tract;
THENCE N 77 53' 33" E - 334.95' along the south line of said
Best tract to a fence corner found common to the southeast corner of
the said Best tract and an angle point of the herein described
tract;
THENCE N 00 39' 34" W - 30.71' along the east line of said
Best tract to a fence corner found common to the most westerly
southwest corner of a 149.879 acre tract described in the deed from
the Estate of Jocelyn Welsch to Paul G. Silber, Jr. recorded under
Document No. 200506036460, Official Public Records of Real
Property, Comal County, Texas, said fence corner common to an angle
corner of the herein described tract;
THENCE along the southerly line of said Silber tract and the
northerly line of the herein described tract the following:
N 79 20' 11" E - 30.39' along the southerly line of said
Silber tract to a fence corner found common to an angle corner of
the herein described tract;
S 00 47' 49" E - 376.76' along the southerly line of said
Silber tract to a fence corner found common to an angle corner of
the herein described tract;
S 53 34' 35" E - 2463.58' along the southerly line of
said Silber tract to a 12" wood post found common to an angle corner
of the herein described tract;
S 87 30' 35" E - 93.33' along the southerly line of said
Silber tract to a 3/8" iron rod found in the westerly right-of-way
line of Smithson Valley Road, said iron rod common to the southeast
corner of said Silber tract and the most easterly corner of the
herein described tract;
THENCE along the westerly right-of-way line of Smithson
Valley Road and the easterly line of the herein described tract the
following:
S 27 12' 54" W - 433.94' to a 3/4" iron rod set common to
an angle corner of the herein described tract;
S 34 37' 54" W - 1343.20' to a 1/2" iron rod found common
to an angle corner of the herein described tract;
S 32 06' 54" W - 620.30' to a 1/2" iron rod found common
to an angle corner of the herein described tract;
S 51 47' 54" W - 148.65' to a 3/8" iron rod found common
to the southeast corner of the herein described tract;
THENCE N 88 32' 20" W - 683.94' along the northerly line of
Oak Village North, Unit No. 2 as shown in Plat recorded under Volume
3, Page 22, Map and Plat Records, Comal County, Texas, and along the
south line of the herein described tract to a fence corner found for
an angle corner of the herein described tract;
THENCE along the northerly line of said Oak Village North and
the south line of the herein described tract the following:
S 86 30' 29" W - 177.79' along the northerly line of said
Oak Village North to a 3/4" iron rod set common to an angle corner of
the herein described tract;
S 85 57' 02" W - 754.60' along the northerly line of said
Oak Village North, at 689.40' pass a 1/2" iron rod found common to
the northeast corner of lot 358, said Oak Village North, to a 3/4"
iron rod set common to an angle corner of the herein described
tract;
S 86 06' 02" W - 599.19' along the northerly line of said
Oak Village North, at 359.23' pass a 1/2" iron rod found common to
the northeast corner of lot 219, said Oak Village North, to a
railroad tie fence corner found common to an angle corner of the
herein described tract;
S 01 41' 27" E - 667.40' along the northerly line of said
Oak Village North, at 210.51 pass a 1/2" iron rod found common to
the southwest corner of lot 218, at 510.07' pass a 1/2" iron rod
found common to the southwest corner of lot 215, said Oak Village
North, to a fence corner found common to an angle corner of the
herein described tract;
S 89 45' 19" W - 163.00' along the northerly line of said
Oak Village North to a 1/2" iron rod found common to an angle corner
of the herein described tract;
N 89 59' 53" W - 560.04' along the northerly line of said
Oak Village North, at 445.60' pass a 1/2" iron rod found common to
the northeast corner of Lot 206, said Oak Village North, to a 3/4"
iron rod set common to an angle corner of the herein described
tract;
S 89 42' 21" W - 1430.20' along the northerly line of
said Oak Village North, at 35.52' pass a 1/2" iron rod found common
to the northeast corner of Lot 205, at 635.14' pass a 1/2" iron rod
found for the northeast corner of Lot 201, at 995.69' pass a 1/2"
iron rod found for the northeast corner of Lot 199, said Oak Village
North, to a 3/4" iron rod set common to an angle corner of the herein
described tract;
THENCE S 89 22' 40" W - 294.30' to a 3/8" iron rod found
common to the northwest corner of said Oak Village North and the
northeast corner of Lot 2, McGuffin Subdivision as shown on Plat
recorded under Volume 11, Page 248, Map and Plat Records, Comal
County, Texas, and an angle corner of the herein described tract;
THENCE S 89 44' 24" W - 395.56' along the north line of said
Lot 2 to the POINT OF BEGINNING of the herein described tract and
containing 497.9 acres of land.
TRACT 2E:
All that certain 152.8 acres of land in the M. Jamison Survey
No. 697, Abstract No. 298, the F.W. Foerster Survey No. 850,
Abstract No. 879, and the John Byland Survey No. 438, Abstract No.
50, Comal County Texas, which is all of the land described in the
deed from the Estate of Jocelyn Welsch to Paul G. Silber Jr.
recorded under Document No. 200506036460, Official Public Records
of Real Property, Comal County, Texas, and being more particularly
described by metes and bounds as follows: (All bearings based on
the Texas State Plane Coordinate System, South Central Zone)
BEGINNING at a 3/8" iron rod found in the westerly
right-of-way line of Smithson Valley Road, said iron rod is common
to a southeasterly corner of a 97.459 acre tract described in the
deed from Paradise Valley Corporation to Paul G. Silber, Jr.
recorded under Volume 331, Page 879 Deed Records, Comal County,
Texas, said iron rod common to the southeast corner of the herein
described tract;
THENCE along the northerly line of said Silber tract and the
southerly line of the herein described tract the following:
N 87 30' 35" W - 93.33' along the northerly line of said
Silber tract to a 12" wood post found common to an angle corner of
the herein described tract;
N 53 34' 35" W - 2463.58' along the northerly line of
said Silber tract to a fence corner found common to an angle corner
of the herein described tract;
N 00 47' 49" W - 376.76' along the northerly line of said
Silber tract to a fence corner found common to an angle corner of
the herein described tract;
THENCE S 79 20' 11" W - 30.39' along the northerly line of
said Silber tract to a fence corner found common to a point in the
east line of a 49.35 acre tract described in the deed from General
Investment Corporation to John S. Best and wife, Janet E. Best
recorded under Document No. 9806012293, Official Public Records of
Real Property, Comal County, Texas and an angle corner of the herein
described tract;
THENCE N 00 39' 34" W - 772.93' along the east line of said
Best tract to a 3/8" iron rod found common to an angle corner in the
east line of said Best tract, the south line of Lot 26, Stoney
Ridge, Unit I as shown on Plat recorded under Volume 5, Page 300,
Map and Plat Records, Comal County, Texas, said iron rod is common
to the northwest corner of the herein described tract;
THENCE along the south line of said Stoney Ridge and the north
line of the herein described tract the following:
N 73 32' 31" E - 254.01' along the south line of said
Stoney Ridge to a 3/4" iron rod set common to an angle corner of said
Stoney Ridge and the herein described tract;
N 75 12' 31" E - 147.00' along the south line of said
Stoney Ridge to a 3/4" iron rod set common to an angle corner of said
Stoney Ridge and the herein described tract;
N 77 40' 31" E - 1042.30' along the south line of said
Stoney Ridge, at 433.34' pass a 1/2" iron rod found common to the
southeast corner of Lot 28, Stoney Ridge; at 492.81' pass a 1/2"
iron rod found common to the southwest corner of Lot 29 Stoney
Ridge; at 834.63' pass a 1/2" iron rod found common to the southeast
corner of Lot 29 Stoney Ridge to a 3/4" iron rod set common to an
angle corner of said Stoney Ridge and the herein described tract;
N 77 17' 31" E - 452.72' along the south line of said
Stoney Ridge at 127.57' pass a 1/2" iron rod found common to the
southeast corner of Lot 30, Stoney Ridge; to a 3/4" iron rod set
common to an angle corner of said Stoney Ridge and the herein
described tract;
THENCE S 60 31' 06" E - 448.57' along the south line of said
Stoney Ridge, at 234.76' pass a 1/2" iron rod found common to the
southeast corner of Lot 32, Stoney Ridge, said iron rod is common to
the southwest corner of a 34.00 acre tract described in the deed
from Anita Richards Mayer, Trustee to Robert J. Nash and Gerri S.
Nash recorded under Document No. 9806017120 Official Public Records
of Real Property, Comal County, Texas, to a 3/4" iron rod set common
to an angle corner of the herein described tract;
THENCE S 60 11' 06" E - 957.40' continuing along the south
line of said Nash tract to a 3/4" iron rod set common to an angle
corner of the herein described tract;
THENCE S 59 41' 06" E - 269.40' continuing along the south
line of said Nash tract to a 3/4" iron rod set common to an angle
corner of the herein described tract;
THENCE S 60 39' 06" E - 457.10' along the south line of said
Nash tract, at 338.89' pass a 1/2" iron rod found common to the
southeast corner of said Nash tract and the southwest corner of Lot
1 of the aforementioned Stoney Ridge, to a 3/4" iron rod set common
to an angle corner of the herein described tract;
THENCE S 56 29' 06" E - 72.50' along the south line of said
Lot 1 to a 3/4" iron rod set common to an angle corner of the herein
described tract;
THENCE S 51 36' 06" E - 129.01' along the south line of said
Lot 1 to a fence corner found in the westerly right-of-way line of
Smithson Valley Road common to the northeast corner of the herein
described tract;
THENCE along the westerly right-of-way line of said Smithson
Valley Road and the easterly line of the herein described tract the
following:
S 48 51' 02" W - 560.70' along the westerly right-of-way
line of said Smithson Valley Road to a 3/4" iron rod set common to an
angle corner of Smithson Valley Road and the herein described
tract;
S 62 23' 50" W - 860.63' along the westerly right-of-way
line of said Smithson Valley Road, at 541.43' pass a 3/8" iron rod
found common to the northeasterly corner of a 2.881 acre tract
described in the aforementioned deed from the Estate of Jocelyn
Welsch to Paul G. Silber Jr. recorded under Document No.
200506036460, Official Public Records of Real Property, Comal
County, Texas, and designated as Tract II, to a 3/4" iron rod set
common to an angle corner of said Smithson Valley Road and the
herein described tract;
S 27 02' 50" W - 134.10' along the westerly right-of-way
line of said Smithson Valley Road, to a 3/8" iron rod found common
to the southwesterly corner of said Tract II and an angle corner of
said Smithson Valley Road and the herein described tract;
THENCE S 26 47' 25" W - 1095.86' along the westerly
right-of-way line of said Smithson Valley Road, to the POINT OF
BEGINNING of the herein described tract and containing 152.8 acres
of land.
PART 3
An 72.51 acre, or 3,158,644 square feet more or less, tract of
land being out of the remaining portion of 183.555 acre tract
conveyed to Berryman Properties, Ltd. in Special Warranty Deed
recorded in Volume 739, Pages 146-149 of the Deed Records of Comal
County, Texas, out of the Carl George Survey No. 432 and Phillip
Wagner Survey No. 573, Comal County, Texas. Said 72.51 acre tract
being more fully described as follows, with bearings established
from the Texas Coordinate System as established from the North
American Datum of 1983(CORS96) for the South Central Zone and based
on the south right-of-way line of State Highway 46, a variable width
right-of-way;
COMMENCING: At a found 1/2" iron rod with yellow cap marked
"Pape-Dawson", the south right-of-way line of State Highway 46, a
variable width right-of-way as shown in the retracement survey
TXDOT file SAT021501RA, the northeast corner of Travel Mart
Subdivision recorded in Volume 9, Page 312 of the Map and Plat
Records of Comal County, Texas, a northwest corner of said
remaining portion of 183.555 acre tract, from which a found Texas
Department of Transportation monument with a brass plate bears a
chord bearing and distance of S 6637'32"W, 239.55 feet and arc
length of 241.30 feet to the northeast corner of said Travel Mart
Subdivision and the intersection of the southeast right-of-way line
of U.S. Highway 281, a variable width right-of-way and the south
right-of-way line of said State Highway 46;
THENCE: Along and with the south right-of-way line of said
State Highway 46 and the north line of said remaining portion of
183.555 acre tract, the following calls and distances:
Northeasterly, along the arc of a curve to the right,
said curve having a radial bearing of S 1123'33" E, a radius of
576.94 feet, a central angle of 1015'10", a chord bearing and
distance of N 8344'02" E, 103.10 feet, an arc length of 103.24 feet
to a set 1/2" iron rod with yellow cap marked "Pape-Dawson";
N 8851'37"E, a distance of 417.14 feet to a found Texas
Department of Transportation monument with a brass plate;
N 4536'42"E, a distance of 15.32 feet to a found Texas
Department of Transportation monument with a brass plate;
N 8847'15"E, a distance of 184.35 feet to a found 1/2"
iron rod with yellow cap marked "Pape-Dawson", the west
right-of-way line of Berry Oaks Drive, a private street, also being
Lot 1, Drainage, Electric, Gas, Telephone, Cable T.V., and Water
Easement out of Berry Oaks Subdivision Unit 1 recorded in Volume 11,
Pages 393-396 of the Map and Plat Records of Comal County, Texas;
THENCE: Departing the south right-of-way line of State
Highway 46, along and with the west line of said Berry Oaks Drive
and the east line of said remaining portion of 183.555 acre tract,
the following calls and distances:
S 0125'26"E, a distance of 4.66 feet to a found 1/2"
iron rod with yellow cap marked "Pape-Dawson", a point of non
tangent curvature;
Southeasterly, along the arc of a curve to the right,
said curve having a radial bearing of S 0127'35" E, a radius of
25.00 feet, a central angle of 9207'18", a chord bearing and
distance of S 4523'56" E, 36.00 feet, an arc length of 40.20 feet to
a found 1/2" iron rod with yellow cap marked "Pape-Dawson";
Southwesterly, along the arc of a curve to the right,
said curve having a radial bearing of N 8920'17" W, a radius of
707.00 feet, a central angle of 724'45", a chord bearing and
distance of S 0422'05" W, 91.40 feet, an arc length of 91.47 feet to
a found 1/2" iron rod, from which a found 1/2" iron rod bears N
1028'11"E a distance of 4.59 feet;
S 0804'28"W, a distance of 19.93 feet to a found 1/2"
iron rod with yellow cap marked "Pape-Dawson";
Southwesterly, along the arc of a curve to the left,
said curve having a radial bearing of S 8219'30" E, a radius of
350.00 feet, a central angle of 0940'30", a chord bearing and
distance of S 0250'16" W, 59.03 feet, an arc length of 59.10 feet to
a found 1/2" iron rod with yellow cap marked "Pape-Dawson" and the
POINT OF BEGINNING;
Southwesterly, along a curve to the left said curve
having a radial bearing of N 8800'01" E, a radius of 350.00 feet, a
central angle of 0308'17", a chord bearing and distance of S
0334'08" E, 19.17 feet, an arc length of 19.17 feet to a set 1/2"
iron rod with yellow cap marked "Pape-Dawson", being the northeast
corner of Lot 2R of said Berry Oaks Subdivision Unit 1;
THENCE: S 8726'47"W, departing the east right-of-way line of
said Berry Oaks Drive and along and with the north line of said Lot
2R, a distance of 303.41 feet to a found 1/2" iron rod with cap
marked "ACE";
THENCE: Along and with the west line of said Berry Oaks
Subdivision Unit 1 and the east line of said remaining portion of
183.555 acre tract, the following calls and distances:
S 2342'23"E, a distance of 694.70 feet to a found 1/2"
iron rod with cap marked "ACE", being a west angle point of Lot 5R of
said Berry Oaks Subdivision;
S 0538'29"E, a distance of 162.30 feet to a found 1/2"
iron rod, being the southwest corner of said Lot 5R;
N 7157'28"E, along and with the south line of said Lot
5R, a distance of 311.16 feet to a set 1/2" iron rod with yellow cap
marked "Pape-Dawson", being the southeast corner of said Lot 5R, in
the east right-of-way line of said Berry Oaks Drive;
S 1802'32"E, along and with the east right-of-way line
of said Berry Oaks Drive, a distance of 60.00 feet to a set 1/2" iron
rod with yellow cap marked "Pape-Dawson", the northeast corner of
Lot 7R of said Berry Oaks Subdivision;
S 7157'28"W, along and with the north line of said Lot
7R, a distance of 324.35 feet to a found 1/2" iron rod, being the
northwest corner of said Lot 7R;
S 1942'10"W, a distance of 84.84 feet to a found 1/2"
iron rod with cap marked "ACE", being a west angle point of said Lot
7R;
S 0939'41"W, a distance of 226.86 feet to a found 1/2"
iron rod with cap marked "ACE", being a west angle point of Lot 8R of
said Berry Oaks Subdivision;
S 0516'46"E, a distance of 441.98 feet to a found 1/2"
iron rod with cap marked "ACE", being the southwest corner of Lot
10R and the northwest corner of Lot 11R of said Berry Oaks
Subdivision;
S 3737'14"E, a distance of 986.25 feet to a found 1/2"
iron rod with cap marked "ACE", being the southwest corner of Lot
15R and a west angle point of Lot 17R of said Berry Oaks
Subdivision;
S 4846'32"E, a distance of 695.56 feet to a found 1/2"
iron rod with cap marked "ACE", being the southeast corner of Lot
18R and the southwest corner of Lot 19R of said Berry Oaks
Subdivision;
S 6149'54"E, a distance of 385.79 feet to a set 1/2"
iron rod with yellow cap marked "Pape-Dawson", being the southeast
corner of Lot 19R, in the west right-of-way line of Stahl Lane, a
variable width right-of-way, from which a found 1/2" iron rod with
cap marked "ACE" bears S6400'16"E a distance of 0.65 feet;
THENCE: S 0014'31"E, departing said Berry Oaks Subdivision,
along and with the west line of said Stahl Lane, a distance of
103.55 feet to a set 1/2" iron rod with yellow cap marked
"Pape-Dawson", the beginning of a tangent curve to the right;
THENCE: Southwesterly, along and with the west line of said
Stahl Lane and the said curve to the right, said curve having a
radius of 663.42 feet, a central angle of 6745'22", a chord bearing
and distance of S 3338'10" W, 739.62 feet, an arc length of 784.54
feet to a set 1/2" iron rod with yellow cap marked "Pape-Dawson",
the southeast corner of said remaining portion of 183.555 acre
tract, the east line of a 47.97 acre tract recorded in Document
#9806006222 of the Official Records of Comal County, Texas;
THENCE: N 3846'18"W, departing the west right-of-way line of
said Stahl Lane, along and with the south line of said remaining
portion of 183.555 acre tract and the north line of said 47.97 acre
tract, a distance of 117.96 feet to a found 1/2" iron rod, being the
east line of a 30' Ingress-Egress Easement recorded in Volume 284,
Pages 407-411 of the Official Records of Comal County, Texas;
THENCE: N 0053'07''E, along and with the east line of said
easement, a distance of 224.63 feet to a found 1/2" iron rod, being
the south line of a called 0.50 acre cemetery tract recorded in
Volume 284, Pages 407-411 of the Official Records of Comal County,
Texas, being the northeast corner of said easement;
THENCE: N 8944'36"E, a distance of 117.83 feet (117.60'
Deed) to a found 1/2" iron rod, being the southeast corner of said
called 0.50 acre tract;
THENCE: N 0008'03"E, a distance of 147.58 feet (147.60'
Deed) to a found 1/2" iron rod, being the northeast corner of said
called 0.50 acre tract;
THENCE: N 8947'54"W, a distance of 147.92 feet (147.60'
Deed) to a found 1/2" iron rod, being the northwest corner of said
called 0.50 acre tract;
THENCE: S 0005'59"W, along and with the west line of said
easement, a distance of 148.37 feet (147.60' Deed) to a found 1/2"
iron rod, the southwest corner of said called 0.50 acre tract and
being the northwest corner of said easement;
THENCE: S 0053'07"W, along and with the west line of said
easement, a distance of 188.24 feet to a set 1/2" iron rod with
yellow cap marked "Pape-Dawson", the southwest corner of said
easement, the south line of said remaining portion of 183.555 acre
tract and the north line of said 47.97 acre tract;
THENCE: N 3846'18"W, along and with the south line of said
remaining portion of 183.555 acre tract and the north line of said
47.97 acre tract, at a distance of 1380.24 feet passing a found 1/2"
iron rod being the upper northwest corner of said 47.97 acre tract
and the northeast corner of Hogan/281 Subdivision recorded in
Volume 10, Page 277 of the Map and Plat Records of Comal County,
Texas and continuing a total distance of 1585.70 feet (1585.15'
Deed) to a found 1/2" iron rod;
THENCE: N 6219'48" W, along and with the south line of said
remaining portion of 183.555 acre tract and the north line of said
Hogan/281 Subdivision, a distance of 1361.30 feet to a set 1/2" iron
rod with yellow cap marked "Pape-Dawson";
THENCE: Over and across said remaining portion of 183.555
acre tract, the following calls and distances:
N 1459'26" E, a distance of 759.78 feet to a set 1/2"
iron rod with yellow cap marked "Pape-Dawson";
N 2400'39" E, a distance of 712.83 feet to a set 1/2"
iron rod with yellow cap marked "Pape-Dawson";
N 1405'08" E, a distance of 373.23 feet to a set 1/2"
iron rod with yellow cap marked "Pape-Dawson";
Northeasterly, along a non-tangent curve to the right
said curve having a radial bearing of S 1226'18" E, a radius of
376.94 feet, a central angle of 1117'54", a chord bearing and
distance of N 8312'40" E, 74.21 feet, an arc length of 74.33 feet to
a set 1/2" iron rod with yellow cap marked "Pape-Dawson";
N 8851'37" E, a distance of 496.43 feet to a set 1/2"
iron rod with yellow cap marked "Pape-Dawson";
N 4536'42" E, a distance of 15.46 feet to a to a set 1/2"
iron rod with yellow cap marked "Pape-Dawson";
N 8847'15" E, a distance of 114.05 feet to the POINT OF
BEGINNING and containing 72.51 acres in Comal County, Texas.
PART 4:
TRACT 4A:
A 20.29 acres or 883,763 square feet more or less, tract of
land, out of the Johann Rittmann Survey No. 579, Abstract No. 500
Comal, County, Texas and being all of a 20.0000 acre tract of land
conveyed to Raul S. Cantu Family Partnership No. 1 of record in
Volume 958 Page 824 and described in Volume 646 Page 848, Official
Public Records of Comal County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING: At a found 1/2" iron rod in the east right of way
line of Stahl Road, for the southwest corner of a 11.706 acre tract
of land conveyed to Barbara Ancira Ruebenson of record in Document
No. 200706020345, Official Public Records of Comal County, Texas
and for the northwest corner of the 20.0000 acre tract and this
tract, from which a 1/2" iron rod found for the southerly northwest
corner of the 11.706 acre tract bears N 0000'41" W a distance of
40.04 feet.
THENCE: S 8950'29" E with the south line of the 11.706 acre
tract and the north line of the 20.0000 acre tract and this tract a
distance of 1182.37 feet to a found 1/2" iron rod in the west line of
a 497.9 acre tract of land conveyed to 633-4S Ranch, LTD. of record
in Document No. 200706014474, Official Public Records of Comal
County, Texas, for the southeast corner of the 11.706 acre tract and
for the northeast corner of the 20.000 acre tract and this tract.
THENCE: S 0036'37" E with the west line of the 497.9 acre
tract and with the east line of the 20.0000 acre tract and this
tract a distance of 738.23 feet to a 48" Live Oak Tree, for the
southwest corner of the 497.9 acre tract and in the north line of a
15.165 acre tract known as Lot 2, McGuffin Subdivision of record in
Volume 11 Page 248, Plat Records of Comal County, Texas and for the
southeast corner of the 20.0000 acre tract and this tract, from
which a found 3/8" iron rod for the northeast corner of the 15.165
acre tract bears N 8942'57" E a distance of 395.84 feet.
THENCE: with a north line of the 15.165 acre tract and the
north line of a 32.182 acre tract of land conveyed to Henry F.
Wagner of record in Document No. 200106022364, Official Public
Records of Comal County, Texas and the south line of the 20.0000
acre tract and this tract the following calls and distances:
1) S 8946'45" W, a distance of 275.52 feet to a found 1/2"
iron rod for the northwest corner of the 15.165 acre tract and an
angle point, and
2) S 8925'00" W, a distance of 916.73 feet to a set 1/2" iron
rod with a blue plastic cap stamped "KFW SURVEYING" in the east
right of way line of Stahl Road for the southwest corner of the
20.0000 acre tract and this.
THENCE: N 0009'02" E with the east right of way line of Stahl
Road and the west line of the 20.0000 acre tract and this tract a
distance of 751.86 feet to the POINT OF BEGINNING and containing
20.29 acres.
TRACT 4B:
BEING 149.984 ACRES OF LAND BEING OUT OF THE F.H. FAIGAUX
SURVEY NO. 787, ABSTRACT NO. 767, IN COMAL COUNTY, TEXAS, AND BEING
OUT OF THAT CERTAIN 155.956 ACRE TRACT OF LAND DESCRIBED IN A DEED
DATED MAY 20, 1975, FROM EDDIE LUX TO VIRGIL K. KNOWLTON RECORDED IN
VOLUME 227, PAGE 604, OF THE DEED RECORDS OF COMAL COUNTY, TEXAS,
AND BEING ALL OF THOSE CERTAIN TWO TRACTS OF LAND DESCRIBED IN TWO
SEPARATE DEEDS DATED JULY 10, 1984, EXECUTED BY VIRGIL K. KNOWLTON,
ET UX, ONE TRACT BEING 148.395 ACRES OF LAND, WHICH DEED IS RECORDED
IN VOLUME 398, PAGE 33, OF THE DEED RECORDS OF COMAL COUNTY, TEXAS,
AND THE OTHER TRACT BEING 4.116 ACRES OF LAND, WHICH DEED IS
RECORDED IN VOLUME 398, PAGE 42, OF THE DEED RECORDS OF COMAL
COUNTY, TEXAS, SAID 149.984 ACRES OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT AN IRON ROD FOUND AT A POINT IN THE WEST
RIGHT-OF-WAY-LINE OF STAHL LANE AT THE MOST NORTHERLY NORTHEAST
CORNER OF SAID 155.956 ACRE TRACT OF LAND, BEING THE MOST SOUTHERLY
SOUTHEAST CORNER OF THAT CERTAIN CLYDE JOHNSON AND SONS HEREFORD
RANCH, LTD 151.956 ACRE TRACT OF LAND, RECORDED IN DOCUMENT NO.
200006037239, OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, AND
BEING A POINT IN THE NORTH LINE OF THAT CERTAIN V.S. AND TERRI D.
KANE 6.020 ACRE TRACT OF LAND, RECORDED IN VOLUME 398, PAGE 30, OF
THE DEED RECORDS OF SAID COUNTY, FOR THE POINT OF COMMENCEMENT
HEREOF;
THENCE, WITH A PORTION OF SAID RIGHT-OF-WAY LINE AND WITH THE
EAST LINE OF SAID 6.020 ACRES OF LAND THE FOLLOWING TWO (2) COURSES:
1) S 5003'43" E, A DISTANCE OF 319.25 FEET TO AN IRON ROD
FOUND AT A POINT IN SAID LINE;
2) S 2419'45" E, A DISTANCE OF 214.71 FEET TO AN IRON ROD SET
AT THE SOUTHEAST CORNER OF SAID 6.020 ACRES OF LAND, FOR THE POINT
OF BEGINNING HEREOF;
THENCE, WITH A PORTION OF SAID RIGHT-OF-WAY LINE AND WITH A
PORTION OF THE EAST LINE OF SAID 155.956 ACRE TRACT OF LAND THE
FOLLOWING NINE (9) COURSES:
1) S 2419'45" E, A DISTANCE OF 288.35 FEET TO AN IRON ROD
FOUND;
2) S 6124'18" E, A DISTANCE OF 809.86 FEET TO AN IRON ROD
FOUND;
3) S 7139'27" E, A DISTANCE OF 390.70 FEET TO AN IRON ROD
FOUND;
4) S 3311'33" E, A DISTANCE OF 16.90 FEET TO AN IRON ROD
FOUND;
5) S 0604'41" E, A DISTANCE OF 213.95 FEET TO AN IRON ROD
FOUND;
6) S 0029'28" W, A DISTANCE OF 1,475.86 FEET TO AN IRON ROD
SET
7) S 5919'00" W, A DISTANCE OF 200.06 FEET TO AN IRON ROD SET
8) S 8857'00" W, A DISTANCE OF 388.95 FEET TO AN IRON ROD SET
9) S 4559'00" W, A DISTANCE OF 30.40 FEET TO AN IRON ROD SET
AT THE NORTHEAST CORNER OF THAT CERTAIN JOYCE LUX 0.616 OF AN ACRE
OF LAND, FOR THE SOUTHEAST CORNER HEREOF;
THENCE, WITH THE NORTH LINE OF SAID 0.516 OF AN ACRE OF LAND
AND WITH THE SOUTH LINE OF SAID 155.956 ACRE TRACT OF LAND THE
FOLLOWING FOUR (4) COURSES:
1) S 8936'00" W, A DISTANCE OF 1,019.90 FEET TO AN IRON ROD
SET AT AN ANGLE POINT IN SAID LINE;
2) N 3532'00" W, A DISTANCE OF 13.20 FEET TO AN IRON ROD SET
AT AN ANGLE POINT IN SAID LINE;
3) S 7204'00" W, A DISTANCE OF 51.70 FEET TO AN IRON ROD SET
AT AN ANGLE POINT IN SAID LINE;
4) N 8949'00" W, A DISTANCE OF 968.30 FEET TO AN IRON ROD SET
AT THE NORTHEAST CORNER OF THAT CERTAIN CLYDE JOHNSON AND SONS
HEREFORD RANCH, LTD 10.600 ACRE TRACT OF LAND, SAME BEING THE
SOUTHEAST CORNER OF THAT CERTAIN CLYDE JOHNSON AND SONS HEREFORD
RANCH, LTD 151.900 ACRE TRACT OF LAND, BOTH RECORDED IN DOCUMENT NO.
200006037239, OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, FOR
THE SOUTHWEST CORNER HEREOF;
THENCE, WITH THE EAST LINE OF SAID HEREFORD RANCH, LTD
151.900 ACRES OF LAND AND WITH THE WEST LINE OF SAID 155.956 ACRE
TRACT OF LAND, N 0040'00" W, A DISTANCE OF 3,017.30 FEET TO AN IRON
ROD FOUND AT A POINT IN THE SOUTH LINE OF SAID HEREFORD RANCH, LTD
151.956 ACRE TRACT OF LAND, FOR THE NORTHWEST CORNER HEREOF;
THENCE, WITH A PORTION OF SAID SOUTH LINE OF SAID 151.956 ACRE
TRACT OF LAND AND WITH A PORTION OF THE NORTH LINE OF SAID 155.956
ACRE TRACT OF LAND, S 8957'00" E, A DISTANCE OF 655.62 FEET TO AN
IRON ROD SET AT A POINT IN SAID LINE AT THE NORTHWEST CORNER OF SAID
KANE 6.020 ACRE TRACT OF LAND, FOR A POINT IN THE NORTH LINE HEREOF;
THENCE, THROUGH SAID 155.956 ACRE TRACT OF LAND WITH THE WEST
AND SOUTH LINE OF SAID KANE 6.020 ACRE TRACT OF LAND THE FOLLOWING
TWO (2) COURSES:
1) S 0040'00" E, A DISTANCE OF 400.33 FEET TO AN IRON ROD SET,
FOR AN INSIDE CORNER HEREOF;
2) S 8957'00" E, A DISTANCE OF 782.69 FEET TO THE POINT OF
BEGINNING AND CONTAINING 149.984 ACRES OF LAND, MORE OR LESS.
PART 5
FIELDNOTE DESCRIPTION of a 210.971 acre tract of land
situated within Comal County, Texas, out of the Christian Hanz
Survey Number 452, Abstract 263, the Agapita Nava Survey Number
451, Abstract 432 and the Johann Moegelin Survey Number 575,
Abstract 423 and being comprised of all of Lot 1, Block 2, KESTREL
AIR PARK as shown by plat recorded in Volume 12, Pages 314-316,
Comal County Map and Plat records, together with 16.210 acres out of
a certain 25.422 acre tract of land conveyed unto DJL Ventures Inc,
by warranty deed executed November 27, 2006 and recorded in
Document Number 200606050149, Comal County Official Records,
together with 0.519 acres out of a certain 3.827 acre tract of land
conveyed unto James R. and Cecelia Leininger by warranty deed
executed April 8, 1987 and recorded in Volume 564, Page 360, Comal
County Deed Records, together with 25.502 acres out of a remaining
portion of a certain 412.1351 acre tract of land conveyed unto James
R. Leininger by warranty deed executed December 29, 1982 and
recorded in Volume 338, Page 466, said Deed Records, together with a
certain 35.00 acre tract of land and a certain 5.058 acre tract of
land conveyed unto DJL Ventures, Inc by warranty deed executed
December 27, 2006 and recorded in Document Number 200706009043,
said Official Records, together with a called 123.995 acre tract
conveyed unto DJL Ventures, Inc by warranty deed executed January
3, 2007 and recorded in Document Number 200706009042, said Official
Records, in all said 210.971 acre tract being more particularly
described as follows:
BEGINNING at a 1/2" iron rod found at the intersection of the
westerly right-of-way line of U.S. Highway 281 (a variable width
public right-of-way) with the northerly incorporated limits of City
of Bulverde as described in the POLITICAL BOUNDARY DESCRIPTION OF A
1.8 SQUARE MILE TRACT OF LAND FOR THE CITY OF BULVERDE NORTHWEST -
INCORPORATION LIMITS, dated October 8, 2001; same being the common
southeast corner of said Lot 1, Block 2, KESTREL AIR PARK and the
northeast corner of said 25.422 acre tract, also being the eastern
most corner and POINT OF BEGINNING of this tract.
THENCE, along said northerly incorporated city limit line and
with the common south line of said Lot 1 and the north line of said
25.422 acre tract, North 88 16' 26" West, 200.70 feet to a point for
corner in the incorporated city limit line running 200 feet west of,
and parallel with, the westerly right-of-way line of said U.S.
Highway 281.
THENCE, across said 25.422 acre tract and with said line
running 200 feet west of, and parallel with, said westerly
right-of-way line as follows:
South 03 03' 10" East, 256.79 feet to a point for
corner.
South 05 51' 08" East, 710.05 to a point at the
beginning of a non-tangent curve concave to the west, whose radius
point bears South 84 07' 05" West and whose chord bearing and
distance is South 01 25' 05" West, 884.34 feet,
And southerly with the arc of said curve through a
central angle of 14 36' 01", an arc distance of 886.73 feet to a
point for corner situated in the incorporated city limit line
running perpendicular to the centerline of said U.S. Highway 281,
said perpendicular line being situated approximately 2,200 feet
north of the centerline of State Highway 46 (a 100 foot wide public
right-of-way).
THENCE along said perpendicular line, North 81 16' 54" West,
at 106.16 feet pass the common south line of said 25.422 acre tract
and the north line of said 3.827 acre tract, in all a distance of
270.53 feet to a point for corner situated in the incorporated city
limit line running 470 feet west of, and parallel with, the westerly
right-of-way line said U.S. Highway 281.
THENCE, along said line running 470 feet west of, and
parallel with, said westerly right-of-way line, South 14 54' 38"
West, at 178.41 feet pass the common west line of said 3.827 acre
tract and the east line of said 412.1351 acre tract, in all a
distance of 756.85 feet to a point for corner in the north line of a
9.156 acre tract of land conveyed unto J. David Bamberger by
correction deed executed February 9, 1981 and recorded in Volume
308, Page 202, said Deed Records.
THENCE, departing said line running 470 feet west of, and
parallel with, said westerly right-of-way line, South 76 50' 42"
West, 88.53 feet to a 1/2" iron rod found in the east line of said
412.1351 acre tract and at the northwest corner of said 9.156 acre
tract.
THENCE, along the common west line of said 9.156 acre tract
and east line of said 412.1351 acre tract, South 01 13' 43" East,
281.04 feet to its intersection with said incorporated city limit
line running 470 feet west of, and parallel with, said westerly
right-of-way line.
THENCE, across said 412.1351 acre tract and with said line
running 470 feet west of, and parallel with, said westerly
right-of-way line, South 14 54' 38" West, 379.03 feet to a point for
corner situated in the incorporated city limit line running 750
feet north of, and parallel with, the northerly right-of-way line
of said State Highway 46, same being the southeast corner of this
tract and the beginning of a non-tangent curve concave to the north
whose radius point bears North 04 50' 53" East, 10,662.25 feet and
whose chord bearing and distance is North 84 29' 03" West, 248.50
feet.
THENCE, along said line running 750 feet north of, and
parallel with, said northerly right-of-way line and westerly with
the arc of said curve through a central angle of 01 20' 08", an arc
distance of 248.51 feet to a point for corner.
THENCE, continuing across said 412.1351 acre tract and along
said line running 750 feet north of, and parallel with, said
northerly right-of-way line, North 83 56' 15" West, 475.45 feet to
a point for corner in the west line of WINDMILL RANCH SUBDIVISION,
UNIT 1, as shown by plat recorded in Volume 12, Pages 321 - 324, said
Map and Plat Records for the southerly southwest corner of this
tract, and from whence a 1/2" iron rod found at the southeast corner
of said WINDMILL RANCH SUBDIVISION, UNIT 1, bears South 00 05' 07"
West, 4.89 feet.
THENCE, continuing with said incorporated city limit line,
North 00 05' 07" East, 774.87 feet to a 1/2" iron rod found and
North 00 42' 29" West, at 311.99 feet pass a 1/2" iron rod set at the
common southwest corner of said 35.00 acre tract and a northerly
corner of the remaining portion of said 412.1351 acre tract, in all
a distance of 644.29 feet to an 8" cedar fence post found on the west
line of said 35.00 acre tract, at the common northeast corner of
said WINDMILL RANCH SUBDIVISION, UNIT 1 and the southeast corner of
said called 123.995 acre tract.
THENCE, continuing with said incorporated city limit line and
along the common north line of said WINDMILL RANCH SUBDIVISION,
UNIT 1, the south line of said called 123.995 acre tract and the
south line of this tract as follows:
North 89 28' 10" West, 1490.92 feet to a 1/2" iron rod
found.
and North 89 39' 20" West, 1508.06 feet to a 1/2" iron
rod found at the common northwest corner of said WINDMILL RANCH
SUBDIVISION, UNIT 1, the east corner of WINDMILL RANCH SUBDIVISION,
UNIT 2 according to the plat recorded in Volume 13, Pages 31 and 32,
said Map and Plat Records, the southwest corner of said called
123.995 acre tract and the westerly southwest corner of this tract.
THENCE, continuing with said incorporated city limit line,
North 00 01' 22" East, at 872.34 feet pass a 1/2" iron rod found at
the common north corner of said WINDMILL RANCH SUBDIVISION, UNIT 2
and the southeast corner of WINDMILL RANCH SUBDIVISION, UNIT 3
according to the plat recorded in Volume 13, Pages 33-36, said Map
and Plat Records, at 1742.32 feet pass a 1/2" iron rod found at the
northeast corner of Lot 84 as shown by plat of said WINDMILL RANCH
SUBDIVISION, UNIT 3, in all a distance of 1742.99 feet to a 1/2"
iron rod set on the south line of KESTREL AIR PARK according to the
plat recorded in Volume 12, Pages 314-316, said Map and Plat Records
for the northwest corner of said called 123.995 acre tract and the
northwest corner of this tract.
THENCE, departing said incorporated city limit line, North
89 35' 20" East, 2,627.46 feet, along the south line of said KESTREL
AIR PARK, to a 1/2" iron rod found on the south right-of-way line of
Flightline Drive (a 60 foot wide Private Street) as shown by plat of
said KESTREL AIR PARK.
THENCE, along said south right-of-way line, North 89 29' 45"
East, at 727.93 feet pass a 1/2" iron rod found at the common
northeast corner of said 123.995 acre tract and the northwest
corner of said 5.058 acre tract, in all a distance of 750.21 feet to
a 1/2" iron rod found at the west corner of said Lot 1, Block 2,
KESTREL AIR PARK and at the beginning of a non-tangent curve to the
left whose radius point bears North 00 29' 59" East, 360.00 feet and
whose chord bearing and distance is North 79 06' 14" East, 142.26
feet,
THENCE, continuing along said south right-of-way line and
with the common north line of said Lot 1, Block 2, KESTREL AIR PARK
and the north line of this tract the following courses:
Northeasterly along the arc of said curve through a
central angle of 22 47' 30", an arc distance of 143.20 feet to a
1/2" iron rod found.
North 66 45' 47" East, 174.00 feet to a 1/2" iron rod
found at the beginning of a tangent curve to the right having a
radius of 250.00 feet and a chord bearing and distance of North 86
43' 18" East, 170.67 feet,
Easterly with the arc of said curve through a central
angle of 39 55' 02", an arc distance of 174.17 feet to a 1/2" iron
rod found.
South 73 19' 11" East, 42.33 feet to a 1/2" iron rod
found at the beginning of a tangent curve to the left having a
radius 330.00 feet and a chord bearing and distance of South 80 50'
39" East, 86.43 feet,
Easterly with the arc of said curve through a central
angle of 15 02' 55", an arc distance of 86.67 feet to a mag nail
found.
South 88 22' 06" East, 190.99 feet to a 1/2" iron rod
found at the beginning of a tangent curve to the right having a
radius of 500.00 feet and a chord bearing and distance of South 85
19' 27" East, 53.11 feet,
Easterly with the arc of said curve through a central
angle of 06 05' 19", an arc distance of 53.13 feet to a 1/2" iron rod
found.
South 82 16' 47" East, 97.67 feet to 1/2" iron rod found
at the beginning of a tangent curve to the left having a radius of
500.00 feet and a chord bearing and distance of South 85 19' 27"
East, 53.11 feet,
Easterly with the arc of said curve through a central
angle of 06 05' 19", an arc distance of 53.13 feet to a 1/2" iron rod
found.
And South 88 21' 34" East, 127.32 feet to a 1/2" iron
rod found at the intersection of said south right-of-way line and
the westerly right-of-way line of said U.S. Highway 281, same being
at the common northeast corner of said Lot 1, Block 2, KESTREL AIR
PARK and the northeast corner of this tract.
THENCE, along said westerly right-of-way line, South 03 03'
10" East, at 134.71 feet to the point of POINT OF BEGINNING.
CONTAINING in all 210.971 acres or 9,189,882 square feet of
land, more or less.
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. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.