Texas 2009 - 81st Regular

Texas Senate Bill SB2540 Compare Versions

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1	1	By: Wentworth S.B. No. 2540
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the Comal County Water Control and
7	7	Improvement District No. 5; providing authority to impose a tax and
8	8	issue bonds; granting a limited power of eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle I, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 9036 to read as follows:
12	12	CHAPTER 9036. COMAL COUNTY WATER CONTROL AND IMPROVEMENT
13	13	DISTRICT NO. 5
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 9036.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Comal County Water Control
19	19	and Improvement District No. 5.
20	20	Sec. 9036.002. NATURE OF DISTRICT. The district is a water
21	21	control and improvement district created under Section 59, Article
22	22	XVI, Texas Constitution.
23	23	Sec. 9036.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 9036.004. CONSENT REQUIRED. (a) The temporary
28	28	directors may not hold an election under Section 9036.003 until:
29	29	(1) each municipality in whose corporate limits or
30	30	extraterritorial jurisdiction the district is located has
31	31	consented by ordinance or resolution to the creation of the
32	32	district and to the inclusion of land in the district;
33	33	(2) each municipality in whose extraterritorial
34	34	jurisdiction the district is located has:
35	35	(A) approved and entered into a strategic
36	36	partnership agreement with the district under Section 43.0751,
37	37	Local Government Code; and
38	38	(B) approved and entered into a development
39	39	agreement with the owners of land in the district under Section
40	40	212.172, Local Government Code;
41	41	(3) an agreement that addresses the provision of water
42	42	and wastewater treatment to the land in the district has been
43	43	approved and entered into by:
44	44	(A) each municipality in whose extraterritorial
45	45	jurisdiction the district is located;
46	46	(B) the commissioners court of each county in
47	47	which the district is located;
48	48	(C) a retail or wholesale provider of water and
49	49	wastewater treatment; and
50	50	(D) the owners of land in the district;
51	51	(4) the commissioners court of each county in which
52	52	the district is located has issued an order making the findings
53	53	under Sections 51.021(a)(1), (2), (3), and (4), Water Code; and
54	54	(5) the commissioners court of each county in which
55	55	the district is located has approved and entered into an agreement
56	56	with the district that must include, but is not limited to,
57	57	provisions relating to the use of county right-of-way, the
58	58	district's exercise of the power of eminent domain outside the
59	59	boundaries of the district, drainage serving the land in the
60	60	district, platting of land in the district, and the provision of
61	61	water and wastewater treatment to the land in the district.
62	62	(b) A municipality that contains district territory in its
63	63	corporate limits or extraterritorial jurisdiction may include in
64	64	its consent to the creation of the district any restriction on or
65	65	condition to the consent, including a limitation on the powers of
66	66	the district otherwise granted by this chapter.
67	67	(c) Sections 51.022-51.025, Water Code, do not apply to the
68	68	district or the order of the county under Subsection (a)(4).
69	69	Sec. 9036.005. EXTRATERRITORIAL STATUS. All of the land
70	70	included in the district, as approved by the City of Bulverde for
71	71	inclusion in the district, is included in the extraterritorial
72	72	jurisdiction of the City of Bulverde on adoption of the resolution
73	73	or ordinance consenting to the creation of the district by the
74	74	governing body of the City of Bulverde.
75	75	Sec. 9036.006. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
76	76	The district is created to serve a public purpose and benefit.
77	77	(b) The district is created to accomplish the purposes of:
78	78	(1) a water control and improvement district as
79	79	provided by general law and Section 59, Article XVI, Texas
80	80	Constitution, as limited by this chapter, including the disposal of
81	81	waste and control of storm water; and
82	82	(2) Section 52, Article III, Texas Constitution, as
83	83	limited by this chapter, that relate to the construction,
84	84	acquisition, improvement, operation, or maintenance of
85	85	macadamized, graveled, or paved roads, or improvements, including
86	86	storm drainage, in aid of those roads.
87	87	Sec. 9036.007. INITIAL DISTRICT TERRITORY. (a) The
88	88	district is initially composed of the territory described by
89	89	Section 2 of the Act creating this chapter.
90	90	(b) The boundaries and field notes contained in Section 2 of
91	91	the Act creating this chapter form a closure. A mistake made in the
92	92	field notes or in copying the field notes in the legislative process
93	93	does not affect the district's:
94	94	(1) organization, existence, or validity;
95	95	(2) right to issue any type of bond for the purposes
96	96	for which the district is created or to pay the principal of and
97	97	interest on a bond;
98	98	(3) right to impose a tax; or
99	99	(4) legality or operation.
100	100	[Sections 9036.008-9036.050 reserved for expansion]
101	101	SUBCHAPTER B. BOARD OF DIRECTORS
102	102	Sec. 9036.051. GOVERNING BODY; TERMS. (a) The district is
103	103	governed by a board of five elected directors.
104	104	(b) Except as provided by Section 9036.052, directors serve
105	105	staggered four-year terms.
106	106	Sec. 9036.052. TEMPORARY DIRECTORS. (a) The temporary
107	107	board consists of:
108	108	(1) Robert W. Fischer;
109	109	(2) John Genovese;
110	110	(3) Scot Giese;
111	111	(4) Gary Rauser; and
112	112	(5) James N. Young.
113	113	(b) Temporary directors serve until the earlier of:
114	114	(1) the date permanent directors are elected under
115	115	Section 9036.003; or
116	116	(2) the fourth anniversary of the effective date of
117	117	the Act creating this chapter.
118	118	(c) If permanent directors have not been elected under
119	119	Section 9036.003 and the terms of the temporary directors have
120	120	expired, successor temporary directors shall be appointed or
121	121	reappointed as provided by Subsection (d) to serve terms that
122	122	expire on the earlier of:
123	123	(1) the date permanent directors are elected under
124	124	Section 9036.003; or
125	125	(2) the fourth anniversary of the date of the
126	126	appointment or reappointment.
127	127	(d) If Subsection (c) applies, the owner or owners of a
128	128	majority of the assessed value of the real property in the district
129	129	may submit a petition to the Texas Commission on Environmental
130	130	Quality requesting that the commission appoint as successor
131	131	temporary directors the five persons named in the petition. The
132	132	commission shall appoint as successor temporary directors the five
133	133	persons named in the petition.
134	134	[Sections 9036.053-9036.100 reserved for expansion]
135	135	SUBCHAPTER C. POWERS AND DUTIES
136	136	Sec. 9036.101. GENERAL POWERS AND DUTIES. The district has
137	137	the powers and duties, as limited by this chapter, necessary to
138	138	accomplish the purposes for which the district is created.
139	139	Sec. 9036.102. WATER CONTROL AND IMPROVEMENT DISTRICT
140	140	POWERS AND DUTIES. The district has the powers and duties provided
141	141	by the general law of this state, including Chapters 49 and 51,
142	142	Water Code, applicable to water control and improvement districts
143	143	created under Section 59, Article XVI, Texas Constitution,
144	144	including the powers and duties that relate to the disposal of waste
145	145	and control of storm water under Section 51.331, Water Code, as
146	146	limited by this chapter.
147	147	Sec. 9036.103. AUTHORITY FOR ROAD PROJECTS. Under Section
148	148	52, Article III, Texas Constitution, as limited by this chapter,
149	149	the district may design, acquire, construct, finance, issue bonds
150	150	for, improve, operate, maintain, and convey to this state, a
151	151	county, or a municipality for operation and maintenance
152	152	macadamized, graveled, or paved roads, or improvements, including
153	153	storm drainage, in aid of those roads.
154	154	Sec. 9036.104. APPROVAL OF ROAD PROJECT. (a) The district
155	155	may not undertake a road project authorized by Section 9036.103
156	156	unless:
157	157	(1) the proposed road project complies with applicable
158	158	municipal or county subdivision ordinances or regulations; or
159	159	(2) the Texas Transportation Commission has approved
160	160	the plans and specifications of the road project, if the state will
161	161	operate and maintain the road.
162	162	(b) Except as provided by Subsection (a), the district is
163	163	not required to obtain approval from the Texas Transportation
164	164	Commission to design, acquire, construct, finance, issue bonds for,
165	165	improve, or convey a road project.
166	166	Sec. 9036.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
167	167	OR RESOLUTION. The district shall comply with all applicable
168	168	requirements of any ordinance or resolution that is adopted under
169	169	Section 42.042 or 42.0425, Local Government Code, and that consents
170	170	to the creation of the district or to the inclusion of land in the
171	171	district.
172	172	Sec. 9036.106. LIMITATION ON USE OF EMINENT DOMAIN.
173	173	(a) The district shall not exercise the power of eminent domain
174	174	outside the district to acquire a site or easement for:
175	175	(1) a road project authorized by Section 9036.103; or
176	176	(2) a recreational facility as defined by Section
177	177	49.462, Water Code.
178	178	(b) The district shall not exercise the power of eminent
179	179	domain outside the boundaries of the district for any purpose
180	180	unless the proposed exercise is approved by a written resolution of
181	181	the commissioners court of each county in which the district is
182	182	located.
183	183	Sec. 9036.107. WATER AND WASTEWATER INFRASTRUCTURE. The
184	184	district may not construct any water or wastewater improvement
185	185	unless the plans and specifications for the improvement have been
186	186	approved by Comal County, the City of Bulverde, and any wholesale
187	187	provider of water or wastewater treatment to the district.
188	188	[Sections 9036.108-9036.150 reserved for expansion]
189	189	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
190	190	Sec. 9036.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
191	191	district may issue, without an election, bonds and other
192	192	obligations secured by:
193	193	(1) revenue other than ad valorem taxes; or
194	194	(2) contract payments described by Section 9036.153.
195	195	(b) The district must hold an election in the manner
196	196	provided by Chapters 49 and 51, Water Code, to obtain voter approval
197	197	before the district may impose an ad valorem tax or issue bonds
198	198	payable from ad valorem taxes.
199	199	(c) The district may not issue bonds payable from ad valorem
200	200	taxes to finance a road project unless the issuance is approved by a
201	201	vote of a two-thirds majority of the district voters voting at an
202	202	election held for that purpose.
203	203	Sec. 9036.152. OPERATION AND MAINTENANCE TAX. (a) If
204	204	authorized at an election held under Section 9036.151, the district
205	205	may impose an operation and maintenance tax on taxable property in
206	206	the district in accordance with Section 49.107, Water Code.
207	207	(b) The board shall determine the tax rate. The rate may not
208	208	exceed the rate approved at the election.
209	209	Sec. 9036.153. CONTRACT TAXES. (a) In accordance with
210	210	Section 49.108, Water Code, the district may impose a tax other than
211	211	an operation and maintenance tax and use the revenue derived from
212	212	the tax to make payments under a contract after the provisions of
213	213	the contract have been approved by a majority of the district voters
214	214	voting at an election held for that purpose.
215	215	(b) A contract approved by the district voters may contain a
216	216	provision stating that the contract may be modified or amended by
217	217	the board without further voter approval.
218	218	[Sections 9036.154-9036.200 reserved for expansion]
219	219	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
220	220	Sec. 9036.201. AUTHORITY TO ISSUE BONDS AND OTHER
221	221	OBLIGATIONS. The district may issue bonds or other obligations
222	222	payable wholly or partly from ad valorem taxes, impact fees,
223	223	revenue, contract payments, grants, or other district money, or any
224	224	combination of those sources, to pay for any authorized district
225	225	purpose.
226	226	Sec. 9036.202. TAXES FOR BONDS. At the time the district
227	227	issues bonds payable wholly or partly from ad valorem taxes, the
228	228	board shall provide for the annual imposition of a continuing
229	229	direct ad valorem tax, without limit as to rate or amount, while all
230	230	or part of the bonds are outstanding as required and in the manner
231	231	provided by Section 51.433, Water Code.
232	232	Sec. 9036.203. BONDS FOR ROAD PROJECTS. At the time of
233	233	issuance, the total principal amount of bonds or other obligations
234	234	issued or incurred to finance road projects and payable from ad
235	235	valorem taxes may not exceed one-fourth of the assessed value of the
236	236	real property in the district.
237	237	SECTION 2. The Comal County Water Control and Improvement
238	238	District No. 5 initially includes all the territory contained in
239	239	the following area:
240	240	PART 1:
241	241	TRACT 1A:
242	242	A 5.128 acre tract of land out of Lot 2 of the Erna
243	243	Subdivision recorded in Volume 13, Page 137 of the Map and Plat
244	244	Records of Comal County, Texas, out of that 5.911 acre tract of land
245	245	conveyed to Travis Arthur Weidner in General Warranty Deed recorded
246	246	in Document # 200506007503 of the Official Records of Comal County,
247	247	Texas, out of the Agapito Gaytan Survey No. 194, Abstract No. 174,
248	248	in the City of Bulverde, Comal County, Texas. Said 5.128 acre tract
249	249	being more fully described as follows with bearings being based on
250	250	the North American Datum of 1983 (CORS 1996), from the Texas State
251	251	Plane Coordinate System established for the South Central Zone, and
252	252	the west right-of-way line of U.S. Highway 281:
253	253	COMMENCING: At a point for the southeast corner of said Lot
254	254	2, the south corner of Lot 104 of Saddleridge Subdivision Unit 1
255	255	recorded in Volume 13, Pages 42-48 of the Map and Plat Records of
256	256	Comal County, Texas, on the west right-of-way line of U.S. Highway
257	257	281, a variable width right-of-way at this point;
258	258	THENCE: N 5559'38" W, along and with the southwest line of
259	259	said Lot 104 and Lot 94 of said Saddleridge Subdivision, a northeast
260	260	line of said Lot 2, a distance of 319.40 feet to the POINT OF
261	261	BEGINNING of the herein described tract, a point on the northwest
262	262	line of the City Limits of Bulverde;
263	263	S 7048'13" W, departing the southwest line of said Lot
264	264	94, over and across said Lot 2, a distance of 497.49 feet to a point
265	265	on the north line of a 10.00 acre tract recorded in Document Number
266	266	9806013846 of the Official Records of Comal County, Texas, a south
267	267	line of said Lot 2;
268	268	THENCE: N 8610'47" W, along and with the north line of said
269	269	10.00 acre tract, a south line of said Lot 2, a distance of 194.76
270	270	feet to a point for an angle;
271	271	THENCE: S 8826'59"W, along and with the north line of said
272	272	10.00 acre tract, the south line of said Lot 2, a distance of 60.09
273	273	feet to a point, the southwest corner of said Lot 2, the southeast
274	274	corner of Lot 101 of said Saddleridge Subdivision Unit 1;
275	275	THENCE: N 0546'24"E, departing the line of said 10.00 acre
276	276	tract, and along and with the west line of said Lot 2 and the east
277	277	line of said Lot 101 a distance of 503.26 feet to a point, the
278	278	northwest corner of said Lot 2, the northeast corner of Lot 101, an
279	279	angle in the south line of Lot 95 of said Saddleridge Subdivision
280	280	Unit 1;
281	281	THENCE: S 7613'48"E, along and with the south line of said
282	282	Lot 95, and with the north line of said Lot 2, a distance of 139.91
283	283	feet to a point for an angle;
284	284	THENCE: S 7201'55"E, along and with the south line of said
285	285	Lot 95 and the north line of said Lot 2, a distance of 183.51 feet to
286	286	the southeast corner of said Lot 95, the southwest western corner of
287	287	Lot 94 of said Saddleridge Subdivision Unit 1;
288	288	THENCE: S 5116'22"E, along and with the southwest line of
289	289	said Lot 94 and the north line of said Lot 2, a distance of 136.67
290	290	feet to a point for an angle;
291	291	THENCE: S 5559'38" E, along and with the southwest line of
292	292	said Lot 94 and the north line of said Lot 2, a distance of 309.44
293	293	feet to the POINT OF BEGINNING and containing 5.128 acres in Comal
294	294	County, Texas.
295	295	TRACT 1B:
296	296	A 10.922 acre tract of land being a portion of Bulverde
297	297	Commercial Subdivision recorded in Volume 13, Page 1 of the Map and
298	298	Plat Records of Comal County, Texas, and a portion of the Bulverde
299	299	Commercial Subdivision, Unit 2 recorded in Volume 13, Page 57 of the
300	300	Map and Plat Records of Comal County, also being out of the Agapito
301	301	Gayton Survey Number 194, Abstract Number 174, Comal County, Texas.
302	302	Said 10.922 acre tract being more fully described as follows, with
303	303	bearings based on the plats of said subdivisions.
304	304	COMMENCING: At a point on the south right-of-way line of F.M.
305	305	1863, a variable width right-of-way, at the north corner of said
306	306	Bulverde Commercial Subdivision, the northwest corner of the said
307	307	Bulverde Commercial Subdivision Unit 2, at the cutback to the east
308	308	right-of-way line of U.S. 281, a variable width right-of-way;
309	309	THENCE: S 8358'18"E, along and with the south right-of-way
310	310	line of said F.M. 1863, the north line of said Bulverde Commercial
311	311	Subdivision Unit 2, a distance of 352.79 feet to a point, for the
312	312	northwest corner of a 45.81 acre tract of land being the remainder
313	313	of that Save & Except 50.00 acre tract conveyed to Cibolo Valley
314	314	Ranch, LTD in Correction Special Warranty Deed recorded in Document
315	315	200006010170 of the Official Records of Comal County, Texas;
316	316	THENCE: S 0007'13" E, along and with said Bulverde
317	317	Commercial Subdivision Unit 2, the west line of said 45.81 acre
318	318	tract, a distance of 402.70 feet to a point on the south line of the
319	319	City Limits of Bulverde line, the POINT OF BEGINNING;
320	320	THENCE: S 0007'13" E, continuing along and with said
321	321	Bulverde Commercial Subdivision Unit 2, the west line of said 45.81
322	322	acre tract, a distance of 36.13 feet to a point for the southeast
323	323	corner of said Bulverde Commercial Subdivision Unit 2 a re-entrant
324	324	corner of said 45.81 acre tract;
325	325	THENCE: S 6912'48" W, along and with the south line of said
326	326	Bulverde Commercial Subdivision Unit 2, a north line of said 45.81
327	327	acre tract a distance of 374.53 feet to a point for the southwest
328	328	corner of said Bulverde Commercial Subdivision Unit 2, the
329	329	northwest corner of said 45.81 acre tract, a point on the east line
330	330	of said Bulverde Commercial Subdivision;
331	331	THENCE: S 0007'12" E, along and with the east line of said
332	332	Bulverde Commercial Subdivision, the west line of said 45.81 acre
333	333	tract a distance of 734.07 feet to a point for the southeast corner
334	334	of said Bulverde Commercial Subdivision, the north corner of a
335	335	92.37 acre tract recorded in Volume 739, Page 202 of the Deed
336	336	Records of Comal County, Texas;
337	337	THENCE: S 7753'26" W, departing the west line of said 45.81
338	338	acre tract, the north line of said 92.37 acre tract a distance of
339	339	644.66 feet to a point on curve in the northeast right-of-way line
340	340	of Ancestral Trail, a 60-foot private street dedicated in the
341	341	Weidner Subdivision Unit 1, recorded in Volume 11, Pages 330-331 of
342	342	the Map and Plat Records of Comal County, Texas, a southwest line of
343	343	said Bulverde Commercial Subdivision;
344	344	THENCE: Along the northeast right-of-way line of said
345	345	Ancestral Trail, the southwest line of said Bulverde Commercial
346	346	Subdivision, with a non-tangent curve to the left said curve having
347	347	a radial bearing of S 6558'51" W, a radius of 630.00 feet, a central
348	348	angle of 1857'04", a chord bearing and distance of N 3329'41" W,
349	349	207.43 feet, an arc length of 208.38 feet to a point of tangency;
350	350	THENCE: N 4258'13" W, continuing along and with the
351	351	northeast right-of-way line of said Ancestral Trail, the southwest
352	352	line of said Bulverde Commercial Subdivision, a distance of 18.13
353	353	feet to a point on the southeast City Limit of Bulverde line;
354	354	THENCE: Departing the northeast right-of-way line of said
355	355	Ancestral Trail, over and across said Bulverde Commercial
356	356	Subdivision and Bulverde Commercial Subdivision Unit 2, along and
357	357	with said City Limit line the following calls and distances:
358	358	N 3609'58" E, a distance of 122.57 feet to a point;
359	359	N 4102'38" E, a distance of 663.67 feet to a point;
360	360	N 3428'22" E, a distance of 360.94 feet to a point;
361	361	THENCE: S 8328'46" E, a distance of 395.83 feet to the POINT
362	362	OF BEGINNING, and containing 10.922 acres in Comal County, Texas.
363	363	TRACT 1C:
364	364	A 1.430 acre tract of land out of that 10.00 acre tract
365	365	conveyed to Dam Investments, Ltd. in Document Number 9806013846 of
366	366	the Official Records of Comal County, Texas, and Pecos Blue Moon
367	367	L.P. in Document Number 9606007045 of the Official Records of Comal
368	368	County, Texas, out of the Agapito Gaytan Survey No. 194, Abstract
369	369	No. 174, Comal County, Texas. Said 1.430 acre tract being more fully
370	370	described as follows, with bearings based on the North American
371	371	Datum of 1983 (CORS 1996), from the Texas Coordinate System
372	372	established for the South Central Zone.
373	373	BEGINNING: At a point at the intersection of the east
374	374	right-of-way line of Saddleridge Drive, a variable width private
375	375	right-of-way, and Saddleridge Court a 60' private right-of-way as
376	376	shown in Saddleridge Subdivision Unit 1 recorded in Volume 13,
377	377	Pages 42-48 of the Map and Plat Records of Comal County, Texas, the
378	378	northwest corner of the said 10.00 acre tract;
379	379	THENCE: N 8825'43" E, along and with the south line of said
380	380	Saddleridge Court, the north line of said 10.00 acre tract, at a
381	381	distance of 283.64 feet passing a found 1/2" iron rod being at the
382	382	southwest corner of Lot 101 of said Saddleridge Subdivision Unit 1,
383	383	continuing along and with the south line of said Lot 101 at a
384	384	distance of 490.91 passing a found pk nail being the southeast
385	385	corner of said Lot 101 and the southwest corner of Lot 2 of the Erna
386	386	Subdivision recorded in Volume 13, Page 137 of the Map and Plat
387	387	Records of Comal County, Texas, and continuing for a total distance
388	388	of 551.20 feet to a point;
389	389	THENCE: S 8610'47" E, along and with the north line of said
390	390	10.00 acre tract and the south line of said Lot 2 a distance of
391	391	194.76 feet to a point;
392	392	THENCE: Departing the north line of said 10.00 acre tract and
393	393	the south line of said Lot 2, over and across said 10.00 acres the
394	394	following calls and distances:
395	395	S 7044'16" W, a distance of 268.86 feet to a point;
396	396	S 8825'43" W, a distance of 488.95 feet to a point on
397	397	the east right-of-way line of said Saddleridge Drive;
398	398	THENCE: N 0134'17" W, a distance of 100.00 feet to the POINT
399	399	OF BEGINNING, and containing 1.430 acres in the City of Bulverde,
400	400	Comal County, Texas.
401	401	TRACT 1D:
402	402	A 38.367 acre tract out of a 45.81 acre tract of land being
403	403	the remainder of that Save & Except 50.00 acre tract conveyed to
404	404	Cibolo Valley Ranch, LTD in Correction Special Warranty Deed
405	405	recorded in Document 200006010170 of the Official Records of Comal
406	406	County, Texas and being part of a 140.0 acre tract conveyed to Fritz
407	407	Voges in Deed recorded in Volume M, Pages 746-747 of the Deed
408	408	Records of Comal County, also being out of the Agapito Gayton Survey
409	409	Number 194, Abstract Number 174, Comal County, Texas. Said 38.367
410	410	acre tract being more fully described as follows, bearings being
411	411	based on the North American Datum of 1983, (CORS 1996), from Texas
412	412	Coordinate System established for the South Central Zone:
413	413	COMMENCING: At a point on the south right-of-way line of F.M.
414	414	1863 at a point for a northwest corner of a 140 acre tract recorded
415	415	in Doc #200006010170 of the Deed Records of Comal County, the
416	416	northeast comer of said 45.81 acre tract;
417	417	THENCE: S 0030'11"E, departing south right-of-way line of
418	418	said F.M. 1863, along and with the east line of said 45.81 acre
419	419	tract, a west line of said 140 acres, a distance of 402.61 feet to a
420	420	point on the south Bulverde City Limit line, the north line of the
421	421	Bulverde Extra-Territorial Jurisdiction, the POINT OF BEGINNING
422	422	for the herein described tract;
423	423	THENCE: S 0030'11" E, departing the south Bulverde City
424	424	Limit line, the north line of the Bulverde Extra-Territorial
425	425	Jurisdiction, along and with the east line of said 45.81 acre tract,
426	426	a west line of said 140 acres a distance of 1419.71 feet to a point
427	427	for the southeast corner of the said 45.81 acre tract, a re-entrant
428	428	corner of the said 140 acres;
429	429	THENCE: S 8927'30"W, along and with the south line of said
430	430	45.81 acre tract, a distance of 1152.01 feet to a point, the
431	431	southwest corner of this 45.81 acre tract, a point on the east line
432	432	of a 92.37 acre tract recorded in Volume 739, Page 202 of the Deed
433	433	Records of Comal County, a northwest corner of said 140 acre tract;
434	434	THENCE: N 0036'44"W, along and with the west line of said
435	435	45.81 acre tract, the east line of said 92.37 acre tract, passing
436	436	the southeast corner of the Bulverde Commercial Subdivision Unit 2
437	437	recorded in Volume 13, Page 1 of the Map and Plat Records of Comal
438	438	County, Texas, the northeast corner of said 92.37 acre tract, and
439	439	continuing along and with the east line of said Bulverde Commercial
440	440	Subdivision Unit 2 for a total distance of 1343.61 feet to a point
441	441	for the southwest corner of said Lot 10, a northwest corner of the
442	442	said 45.81 acre tract;
443	443	THENCE: N 6843'16"E, along and with the south line of said
444	444	Lot 10, a distance of 374.53 feet to a point, the southeast corner
445	445	of said Lot 10 a re-entrant corner of the said 45.81 acre tract;
446	446	THENCE: N 0036'45" W, along and with the east line of said
447	447	Lot 10, a west line of said 45.81 acre tract a distance of 36.13 feet
448	448	to a point on the south Bulverde City Limit line, the north line of
449	449	the Bulverde Extra-Territorial Jurisdiction;
450	450	THENCE: S 8358'18" E, departing the east line of said Lot 10,
451	451	a west line of said 45.81 acre tract, along and with said city limit
452	452	line a distance of 809.72 feet to the POINT OF BEGINNING, and
453	453	containing 38.367 acres in the Comal County, Texas.
454	454	TRACT 1E:
455	455	A 116.2 acre, or 5,063,012 square feet more or less, tract of
456	456	land being all of that called 115.596 acre tract described in
457	457	conveyance to Dora Uecker Williamson, Wilfred Uecker and Eugene
458	458	Uecker in Deed of Gift recorded in Document No. 200606015932 of the
459	459	Official Records of Comal County, Texas, out of the Agapito Gayton
460	460	Survey No. 194, Abstract 174, of Comal County, Texas. Said 116.2
461	461	acre tract being more fully described as follows with bearings
462	462	being based on the North American Datum of 1983 (CORS 1996), from
463	463	the Texas Coordinate System established for the South Central Zone
464	464	and the south right-of-way of State Farm to Market road No. 1863
465	465	(F.M. 1863), right-of-way varies:
466	466	BEGINNING: At a point on the south right-of-way line of said
467	467	F.M. 1863, the northeast corner of a 140 acre tract (Tract 2)
468	468	recorded in Document No. 9906009079 of the Official Records of
469	469	Comal County, Texas, the northwest corner of said called 115.596
470	470	acre tract;
471	471	THENCE: Along and with the south right-of-way line of said
472	472	F.M. 1863, the north line of said called 115.596 acre tract the
473	473	following calls and distances:
474	474	S 8926'32"E, a distance of 162.58 feet to a point;
475	475	S 8357'24"E, a distance of 219.14 feet to a found point,
476	476	a point of non-tangent curvature;
477	477	Northeasterly, along the arc of a curve to the left,
478	478	said curve having a radial bearing of N 0604'31" E, a radius of
479	479	1472.70 feet, a central angle of 3102'38", a chord bearing and
480	480	distance of N 8033'12" E, 788.21 feet, for an arc length of 797.94
481	481	feet to a point, a point of non-tangency;
482	482	N 6459'35"E, a distance of 519.99 feet to a point, a
483	483	point of non-tangent curvature;
484	484	Northeasterly, along the arc of a curve to the right,
485	485	said curve having a radial bearing of S 2456'32" E, a radius of
486	486	1392.70 feet, a central angle of 2208'45", a chord bearing and
487	487	distance of N 7607'50" E, 534.96 feet, for an arc length of 538.30
488	488	feet to a point, a point of non-tangency;
489	489	N 8704'25"E, a distance of 321.44 feet to a point, a
490	490	point of curvature;
491	491	Northeasterly, along the arc of a curve to the left,
492	492	said curve having a radius of 1472.70 feet, a central angle of
493	493	253'47", a chord bearing and distance of N 8537'32" E, 74.44 feet,
494	494	for an arc length of 74.45 feet to a point, the northwest corner of a
495	495	remaining portion of a 261.17 acre tract recorded in Volume 68,
496	496	Pages 631-633 of the Deed Records of Comal County, Texas, the
497	497	northeast corner of said called 115.596 acre tract;
498	498	THENCE: Departing the south right-of-way line of said F.M.
499	499	1863, along and with the west line of said remaining portion of a
500	500	261.17 acre tract, an east line of said called 115.596 acre tract
501	501	the following calls and distances:
502	502	S 0058'32"E, a distance of 110.71 feet to a point;
503	503	S 5721'19"E, a distance of 308.75 feet to a point;
504	504	S 4337'43"E, a distance of 138.58 feet to a point, on
505	505	the centerline of the Cibolo Creek, the west line of a 220.5 acre
506	506	tract recorded in Volume 2631, Pages 165-166 of the Official
507	507	Records of Comal County, Texas;
508	508	THENCE: Along and with the centerline of Cibolo Creek, the
509	509	west line of said 220.5 acre tract the following calls and
510	510	distances:
511	511	S 2143'47"W, a distance of 138.53 feet to a point;
512	512	S 0654'23"W, a distance of 157.52 feet to a point;
513	513	S 1250'20"E, a distance of 191.11 feet to a point;
514	514	S 1552'34"W, a distance of 252.92 feet to a point;
515	515	S 4459'18"W, a distance of 130.66 feet to a point;
516	516	S 0426'32"W, a distance of 590.43 feet to a point;
517	517	S 18"22'43"E, a distance of 120.64 feet to a point, the
518	518	northeast corner of a 387.057 acre tract, the southeast corner of
519	519	the aforementioned called 115.596 acre tract;
520	520	THENCE: S 8940'01"W, departing the west line of said 220.5
521	521	acre tract, along and with the north line of said 387.057 acre
522	522	tract, a south line of said called 115.596 acre tract, at a distance
523	523	of 906.4 feet passing point for the northeast corner of a 3.002 acre
524	524	tract recorded in Volume 862, Pages 874-877 of the Official Records
525	525	of Comal County, Texas and continuing for a total distance of
526	526	1310.37 feet to a point, from which a found 1/2" iron rod bears N
527	527	1443'14"E, 0.81 feet;
528	528	THENCE: S 1452'59"W, along and with an east line of said
529	529	called 115.596 acre tract, the west line of said 3.002 acre tract,
530	530	at a distance of 241.2 feet passing the northwest corner of a 0.238
531	531	acre tract recorded in Document No. 464834 of the Official Records
532	532	of Comal County, Texas and continuing for a total distance of 302.43
533	533	feet to a point, a common angle point of said 0.238 acre tract and
534	534	said called 115.596 acre tract;
535	535	THENCE: S 00"18'53"W, continuing with an east line of said
536	536	called 115.596 acre tract, the west line of said 0.238 acre tract, a
537	537	distance of 132.14 feet to a point on the north line of the
538	538	aforementioned 387.057 acre tract, a southeast corner of said
539	539	called 115.596 acre tract, the southwest corner of said 0.238 acre
540	540	tract;
541	541	THENCE: S 8931'19"W, along and with the north line of said
542	542	387.057 acre tract, a south line of said called 115.596 acre tract,
543	543	a distance of 1299.77 feet to a point, on the east line of the
544	544	aforementioned 140 acre tract (Tract 2), the northwest corner of
545	545	said 387.057 acre tract, the southwest corner of said called
546	546	115.596 acre tract;
547	547	THENCE: Along and with the east line of said 140 acre tract
548	548	(Tract 2), the west line of said 115.596 acre tract the following
549	549	calls and distances:
550	550	N 0038'45"W, a distance of 999.92 feet to a point;
551	551	N 0018'24"W, a distance of 855.96 feet to the POINT OF
552	552	BEGINNING and containing 116.2 acres in Comal County, Texas.
553	553	TRACT 1F:
554	554	A 15.538 acre tract of land being a portion of Lot 827A and
555	555	all of Lot 827B of The Crossing at 46 subdivision recorded in Volume
556	556	15, Pages 275-276 and all of Lots 828 and 829 of the River Crossing
557	557	subdivision Unit Four, recorded in Volume 14, Page 219-220 and all
558	558	of Lots 56, 57 and 58 of the Ridgeview Oaks West subdivision,
559	559	recorded in Volume 3, Pages 28-29 all of the Map and Plat Records of
560	560	Comal County, Texas, out of the Theo Miller Survey No. 323, Abstract
561	561	384, Comal County, Texas. Said 15.538 acre tract being more fully
562	562	described as follows, with bearings based on the North American
563	563	Datum of 1983 (CORS 1996), from the Texas Coordinate System
564	564	established for the South Central Zone.
565	565	COMMENCING: At a point at the southwest end of the cutback
566	566	line at the intersection of the north right-of-way line of State
567	567	Highway 46, a 130-foot right-of-way at this point, with the west
568	568	right-of-way line of River Way, a 60-foot right-of-way dedicated in
569	569	the River Crossing Subdivision recorded in Volume 14, Pages 19-20
570	570	of the Map and Plat Records of Comal County, Texas, for the
571	571	southeast corner of said Lot 827A;
572	572	THENCE: N 4348'10" E, along and with the southeast line of
573	573	said Lot 827A a distance of 35.36 feet to a point the northwest
574	574	cutback line of the intersection of the north right-of-way line of
575	575	said State Highway 46, the west right-of-way line of said River Way;
576	576	N 0113'22" W, along and with the west right-of-way line
577	577	of said River Way, the east line of said Lot 827A a distance of
578	578	215.00 feet to the POINT OF BEGINNING, a point on the north City
579	579	Limits of Bulverde line;
580	580	THENCE: S 8848'10" W, departing the west right-of-way line
581	581	of said River Way, over and across said Lot 827A, along and with
582	582	said city limit line a distance of 736.65 feet to a point on the east
583	583	line of said Lot 58; the west line of said Lot 827A;
584	584	THENCE: S 0010'10" E, along and with the east line of said
585	585	Lot 58, the west line of said 827A and the said city limit line a
586	586	distance of 43.48 feet to a point for the northeast corner of said
587	587	Lot 59, the southeast corner of said Lot 58, a point on the west line
588	588	of said Lot 827A;
589	589	THENCE: N 8951'24" W, along and with the north line of said
590	590	Lot 59, the south line of said Lot 58 and the said city limit line a
591	591	distance of 399.64 feet to a point on the east right-of-way line of
592	592	Rainbow Drive, a 60-foot right-of-way dedicated in the said
593	593	Ridgeview Oaks-West subdivision, the northwest corner of said Lot
594	594	59, the southwest corner of said Lot 58;
595	595	THENCE: N 0008'36" E, departing said city limit line, along
596	596	and with the east right-of-way line of said Rainbow Drive, the west
597	597	line of said Lots 58 and 57, a distance of 452.60 feet to the
598	598	northwest corner of said Lot 57, the southwest corner of Lot 56 of
599	599	said Ridgeview Oaks-West subdivision;
600	600	THENCE: N 0006'58" E, and with the east right-of-way line of
601	601	said Rainbow Drive, the west line of said Lot 56 a distance of
602	602	226.30 feet to a point for the northwest corner of said Lot 56, the
603	603	southwest corner of Lot 55 of the said Ridgeview Oaks-West
604	604	subdivision;
605	605	THENCE: S 8953'02" E, departing the east right-of-way line
606	606	of said Rainbow Drive, along and with the north line of said Lot 56,
607	607	the south line of said Lot 55, a distance of 395.79 feet to a point
608	608	on the west line of said Lot 828, the northeast corner of said Lot
609	609	56, the southeast corner of said Lot 55;
610	610	THENCE: S 0100'39" E, along and with the east line of said
611	611	Lot 56, the west line of said Lot 828 a distance of 38.33 feet to a
612	612	point for the southwest corner of said Lot 828, the northwest corner
613	613	of said Lot 827A;
614	614	THENCE: S 8955'56" E, departing the east line of said Lot 56,
615	615	along and with the south line of said Lot 828, the north line of said
616	616	Lot 827A, a distance of 601.02 feet to a point on the west
617	617	right-of-way line of said River Way, the southeast corner of said
618	618	Lot 828, a northeast corner of said Lot 827A;
619	619	THENCE: S 1858'49" E, along and with the west right-of-way
620	620	line of said River Way, the east line of said Lot 827A and 827B a
621	621	distance of 365.99 feet to a point of curvature;
622	622	THENCE: Along the west right-of-way line of said River Way,
623	623	the east line of said Lot 827B with a tangent curve to the right said
624	624	curve having radius of 270.00 feet, a central angle of 1745'27", a
625	625	chord bearing and distance of S 1006'06" E, 83.35 feet, an arc
626	626	length of 83.68 feet to a point of tangency;
627	627	THENCE: S 0113'22" E, along and with the west right-of-way
628	628	line of said River Way, the east line of said Lot 827A and 827B a
629	629	distance of 153.08 feet to the POINT OF BEGINNING, and containing
630	630	15.538 acres in the Comal County, Texas.
631	631	PART 2:
632	632	TRACT 2A:
633	633	All that certain 105.5 acres of land in the John Kaderli
634	634	Survey No. 449, Abstract No. 308, and the Jacob Kaderli Survey No.
635	635	465, Abstract No. 309, Comal County Texas, which is the remainder of
636	636	the 196.62 acre tract described in the deed to Gary Eldon Bartlett
637	637	recorded under Volume 764, Pages 643-649, Official Records, Comal
638	638	County, Texas, and being more particularly described by metes and
639	639	bounds as follows: (All bearings based on the Texas State Plane
640	640	Coordinate System, South Central Zone)
641	641	COMMENCING at a 1/2" iron rod found in the east line of Stahl
642	642	Road, said iron rod is common to the southwest corner of said 196.62
643	643	acre tract, and is common to the southwest corner of a 21.00 acre
644	644	tract described in the deed from Gary Eldon Bartlett and wife,
645	645	Brandy Kay Bartlett to Stephen C. Lundgren and wife, Diane K
646	646	Lundgren, recorded under Document No. 9806013761, Official Public
647	647	Records of Real Property, Comal County, Texas;
648	648	THENCE N 24 55' 33" W - 88.10' along said east line of Stahl
649	649	Road and west line of said 21.00 acre tract to a 1/2" iron rod found
650	650	for the POINT OF BEGINNING;
651	651	THENCE N 24 55' 33" W - 58.91' along said east line of Stahl
652	652	Road and west line of the before mentioned 196.62 acre tract to a
653	653	3/4" iron rod set common to an angle corner of the herein described
654	654	tract;
655	655	THENCE N 00 47' 14" W - 1071.68' along said east line of Stahl
656	656	Road and west line of said 196.62 acre tract to a 3/4" iron rod set
657	657	common to an angle corner of the herein described tract;
658	658	THENCE N 01 09' 20" E - 583.04' continuing along said east
659	659	line of Stahl Road and west line of said 196.62 acre tract to a 3/4"
660	660	iron rod set common to the southwest corner of a 2.889 acre tract
661	661	described as Lot 1, Bartlett's Paradise Valley Subdivision, in Plat
662	662	recorded under Volume 10, Page 174, Map and Plat Records, Comal
663	663	County, Texas;
664	664	THENCE along the lines of said Lot 1 the following:
665	665	S 88 47' 33" E - 1030.80' along the south line of said
666	666	Lot 1 to a 1/2" iron rod found common to an angle corner of the
667	667	herein described tract;
668	668	S 49 19' 58" E - 250.00' along the south line of said Lot
669	669	1 to a 1/2" iron rod found common to an angle corner of the herein
670	670	described tract;
671	671	N 40 40' 02" E - 250.00' along the south line of said Lot
672	672	1 to a 1/2" iron rod found common to the most easterly corner of said
673	673	Lot 1, an angle corner of the herein described tract;
674	674	N 49 19' 58" W - 250.00' along the north line of said Lot
675	675	1 to a 1/2" iron rod found common to an angle corner of the herein
676	676	described tract;
677	677	S 40 40' 02" W - 172.29' along the north line of said Lot
678	678	1 to a 1/2" iron rod found common to an angle corner of the herein
679	679	described tract;
680	680	N 88 47' 33" W - 1080.24' along the north line of said
681	681	Lot 1 to a 3/4" iron rod set in the east line of said Stahl Road and
682	682	the west line of said 196.62 acre tract common to the northwest
683	683	corner of said Lot 1 an angle corner of the herein described tract;
684	684	THENCE N 01 09' 20" E - 289.12' along said east line of Stahl
685	685	Road and west line of said 196.62 acre tract to a 3/4" iron rod set
686	686	common to an angle corner of the herein described tract;
687	687	THENCE N 41 05' 30" E - 228.89' continuing along said east
688	688	line of Stahl Road and west line of said 196.62 acre tract to a 3/4"
689	689	iron rod set common to an angle corner of the herein described
690	690	tract;
691	691	THENCE S 61 25' 07" E - 553.95' departing said east line of
692	692	Stahl Road and into said 196.62 acre tract to a 3/4" iron rod set
693	693	common to an angle corner of the herein described tract;
694	694	THENCE N 42 47' 59" E - 460.00' to a 3/4" iron rod set in the
695	695	southerly line of a 21.0 acre tract described in deed to Peter J.
696	696	Almquist from Andrew T. Almquist recorded under Document No.
697	697	200506033008, Official Public Records of Real Property, Comal
698	698	County, Texas, said line also being the northerly line of the before
699	699	mentioned 196.62 acre tract and common to an angle corner of the
700	700	herein described tract;
701	701	THENCE S 63 26' 23" E - 251.06' along the southerly line of
702	702	said 21.0 acre tract to a 3/4" iron rod set common to an angle point
703	703	of the herein described tract;
704	704	THENCE N 89 32' 35" E - 1156.22' along the southerly line of
705	705	said 21.0 acre tract, at 421.56' pass a 1/2" iron rod found, to a
706	706	3/4" iron rod set common to an angle corner of a 36.513 acre tract
707	707	described in deed to Randy and Kellye Harris from Andrew T. Almquist
708	708	recorded under Document No. 200206003624, Official Public Records
709	709	of Real Property, Comal County, Texas, said iron is common to the
710	710	northeast corner of the herein described tract;
711	711	THENCE S 00 06' 34" E - 817.22' along the westerly line of
712	712	said 36.513 acre tract to a 3/4" iron rod set common to an angle
713	713	point of the said 36.513 acre tract, and common to the northwest
714	714	corner of a 3.814 acre tract described in deed to Randy Harris from
715	715	Gary Eldon Bartlett recorded under Document No. 200306031386,
716	716	Official Public Records of Real Property, Comal County, Texas, said
717	717	iron common to an angle corner of the herein described tract;
718	718	THENCE S 03 48' 08" E - 183.53' along the westerly line of
719	719	said Harris tract to a 3/4" iron rod set common to the west corner of
720	720	said Harris tract and common to an angle corner of the herein
721	721	described tract;
722	722	THENCE S 33 50' 35" E - 658.91' along the southwesterly line
723	723	of said Harris tract to a 3/4" iron rod set common to the most
724	724	southerly corner of said Harris tract and common to an angle corner
725	725	of the herein described tract;
726	726	THENCE S 00 35' 26" E - 42.43' to a 3/8" iron rod found common
727	727	to the northeast corner of the aforementioned Lundgren 21.00 acre
728	728	tract and common to the southeast corner of the herein described
729	729	tract;
730	730	THENCE along the north line of said Lundgren 21.00 acre tract
731	731	the following:
732	732	S 82 44' 47" W - 56.36' along the north line of said
733	733	Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
734	734	angle corner of the herein described tract;
735	735	N 87 02' 05" W - 125.63' along the north line of said
736	736	Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
737	737	angle corner of the herein described tract;
738	738	N 79 52' 35" W - 140.95' along the north line of said
739	739	Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
740	740	angle corner of the herein described tract;
741	741	S 62 58' 32" W - 551.30' along the north line of said
742	742	Lundgren 21.00 acre tract to a 1/2" iron rod found for an angle
743	743	corner of the herein described tract;
744	744	N 70 28' 33" W - 492.76' along the north line of said
745	745	Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
746	746	angle corner of the herein described tract;
747	747	S 09 44' 51" E - 104.00' along the north line of said
748	748	Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
749	749	angle corner of the herein described tract;
750	750	N 86 04' 19" W - 75.76' along the north line of said
751	751	Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
752	752	angle corner of the herein described tract;
753	753	S 07 47' 29" W - 173.03' along the north line of said
754	754	Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
755	755	angle corner of the herein described tract;
756	756	S 16 51' 24" W - 287.11' along the north line of said
757	757	Lundgren 21.00 acre tract to a 1/2" iron rod found common to an
758	758	angle corner of the herein described tract;
759	759	THENCE S 89 49' 45" W - 1250.21 along the north line of said
760	760	Lundgren 21.00 acre tract to the POINT OF BEGINNING of the herein
761	761	described tract and containing 105.5 acres of land.
762	762	TRACT 2B:
763	763	All that certain 21.00 acres of land in the John Kaderli
764	764	Survey No. 449, Abstract No. 308, the Jacob Kaderli Survey No. 465,
765	765	Abstract No. 309, the F.H. Faigaux Survey, No. 578, Abstract No. 169
766	766	and in the J. Rittimann Survey No. 579, Abstract No. 500, Comal
767	767	County Texas, which is all of the land described in the deed from
768	768	Gary Eldon Bartlett and wife Brandy K. Bartlett to Stephen C.
769	769	Lundgren and wife Diane K. Lundgren, recorded under Document No.
770	770	9806013761, Official Public Records of Real Property, Comal County,
771	771	Texas, and being more particularly described by metes and bounds as
772	772	follows: (All bearings based on the Texas State Plane Coordinate
773	773	System, South Central Zone)
774	774	BEGINNING at a 1/2" iron rod found in the east line of Stahl
775	775	Road, said iron rod is the southwest corner of a 196.62 acre tract
776	776	described in the deed from Brandy Kay Bartlett to Gary Eldon
777	777	Bartlett recorded under Document No. 200206018898, Official Public
778	778	Records of Real Property, Comal County, Texas;
779	779	THENCE N 24 55' 33" W - 88.10' along said east line of Stahl
780	780	Road and west line of said 196.62 acre tract to a 1/2" iron rod found
781	781	common to the northwest corner of the herein described tract;
782	782	THENCE N 89 49' 45" E - 1250.21' to a 1/2" iron rod found
783	783	common to an angle corner of the herein described tract;
784	784	THENCE N 16 51' 24" E - 287.11' to a 1/2" iron rod found
785	785	common to an angle corner of the herein described tract;
786	786	THENCE N 07 47' 29" E - 173.03' to a 1/2" iron rod found
787	787	common to an angle corner of the herein described tract;
788	788	THENCE S 86 04' 19" E - 75.76' to a 1/2" iron rod found common
789	789	to an angle corner of the herein described tract;
790	790	THENCE N 09 44' 51" W - 104.00' to a 1/2" iron rod found
791	791	common to an angle corner of the herein described tract;
792	792	THENCE S 70 28' 33" E - 492.76' to a 1/2" iron rod found
793	793	common to an angle corner of the herein described tract;
794	794	THENCE N 62 58' 32" E - 551.30' to a 1/2" iron rod found
795	795	common to an angle corner of the herein described tract;
796	796	THENCE S 79 52' 35" E - 140.95' to a 1/2" iron rod found
797	797	common to an angle corner of the herein described tract;
798	798	THENCE S 87 02' 05" E - 125.63' to a 1/2" iron rod found
799	799	common to an angle corner of the herein described tract;
800	800	THENCE N 82 44' 47" E - 56.36' to a 3/8" iron rod found common
801	801	to the northeast corner of the herein described tract;
802	802	THENCE S 00 43' 14" E - 680.91' to a 1/2" iron rod found
803	803	common to the northwest corner of the 43.547 acre tract described in
804	804	deed from Mark B. Wagner, et al to Helena Kleck Vivian recorded
805	805	under Document No. 200106022554, Official Public Records of Real
806	806	Property, Comal County, Texas, common to the southeast corner of
807	807	the herein described tract;
808	808	THENCE S 89 49' 45" W - 2661.99' along the north line of said
809	809	43.547 acre tract to the POINT OF BEGINNING of the herein described
810	810	tract and containing 21.00 acres of land.
811	811	TRACT 2C:
812	812	All that certain 2.889 acres of land in the John Kaderli
813	813	Survey No. 449, Abstract No. 308, and the Jacob Kaderli Survey No.
814	814	465, Abstract No. 309, Comal County Texas, which is all of the land
815	815	described as Lot 1, Bartlett's Paradise Valley Subdivision,
816	816	recorded under Volume 10, Page 174, Plat Records, Comal County,
817	817	Texas, and being more particularly described by metes and bounds as
818	818	follows: (All bearings based on the Texas State Plane Coordinate
819	819	System, South Central Zone)
820	820	COMMENCING at a 1/2" iron rod found in the east line of Stahl
821	821	Road, said iron rod is common to the southwest corner of a 196.62
822	822	acre tract described in the deed from Brandy Kay Bartlett to Gary
823	823	Eldon Bartlett recorded under Document No. 200206018898, Deed
824	824	Records, Comal County, Texas;
825	825	THENCE N 24 55' 33" W - 147.01' along said east line of Stahl
826	826	Road and west line of said 196.62 acre tract to a 3/4" iron rod set
827	827	for an angle corner;
828	828	THENCE N 00 47' 14" W - 1071.68' along said east line of Stahl
829	829	Road and west line of said 196.62 acre tract to a 3/4" iron rod set
830	830	for an angle corner;
831	831	THENCE N 01 09' 20" E - 583.04' along said east line of Stahl
832	832	Road and west line of said 196.62 acre tract to a 3/4" iron rod set
833	833	for the POINT OF BEGINNING;
834	834	THENCE N 01 09' 20" E - 60.00' to a 3/4" iron rod set for the
835	835	northwest corner of the herein described tract;
836	836	THENCE S 88 47' 33" E - 1080.24' to a 1/2" iron rod found for
837	837	an angle corner of the herein described tract;
838	838	THENCE N 40 40' 02" E - 172.29' to a 1/2" iron rod found for
839	839	the most northerly corner of the herein described tract;
840	840	THENCE S 49 19' 58" E - 250.00' to a 1/2" iron rod found for
841	841	the most easterly corner of the herein described tract;
842	842	THENCE S 40 40' 02" W - 250.00' to a 1/2" iron rod found for
843	843	the most southerly corner of the herein described tract;
844	844	THENCE N 49 19' 58" W - 250.00' to a 1/2" iron rod found for an
845	845	angle corner of the herein described tract;
846	846	THENCE N 88 47' 33" W - 1030.80' to the POINT OF BEGINNING of
847	847	the herein described tract and containing 2.889 acres of land.
848	848	TRACT 2D:
849	849	All that certain 497.9 acres of land in the Daniel Lewis
850	850	Survey No. 347, Abstract No. 367, the M. Jamison Survey No. 697,
851	851	Abstract No. 298, and the John Byland Survey No. 438, Abstract No.
852	852	50, Comal County Texas, which is all of the land described in the
853	853	deed from Edward H. Knowlton and wife, Ann Knowlton to Paul G.
854	854	Silber Jr. and wife, Phyllis Silber, and in the deed from Paradise
855	855	Valley Corporation to Paul G. Silber Jr. recorded under Volume 147,
856	856	Page 404 and Volume 331, Page 879, Deed Records, Comal County,
857	857	Texas, respectively, and being more particularly described by metes
858	858	and bounds as follows: (All bearings based on the Texas State Plane
859	859	Coordinate System, South Central Zone)
860	860	BEGINNING at a 39" diameter Live Oak tree, said tree is common
861	861	to the southeast corner of a 20.000 acre tract described in the deed
862	862	from Jane K. Kleck to Cantu Medical Association recorded under
863	863	Volume 424, Page 822 Deed Records, Comal County, Texas, said tree
864	864	common to the southwest corner of the herein described tract;
865	865	THENCE N 00 30' 25" W - 3004.27' along the east line of said
866	866	Cantu Medical Association tract, the east line of a 43.567 acre
867	867	tract described in deed from Helena Kleck Vivian to Mark B. Wagner
868	868	and Barbara Wagner recorded under Document No. 200106022370
869	869	Official Public Records of Real Property, Comal County Texas, the
870	870	east line of a 43.547 acre tract described in deed from Mark D.
871	871	Wagner and wife, Barbara Wagner and Pamela Wyrick and husband Jerry
872	872	Lynn Wyrick to Helena Kleck Vivian recorded under Document No.
873	873	200106022554, Official Public Records of Real Property, Comal
874	874	County Texas, and the west line of the herein described tract to a
875	875	1/2" iron rod found, said iron rod is common to the southwest corner
876	876	of a 21.00 acre tract described in the deed from Gary Eldon Bartlett
877	877	and wife, Brandy K. Bartlett to Stephen C. Lundgren and wife, Diane
878	878	K. Lundgren, recorded under Document No. 9806013761, Official
879	879	Public Records of Real Property, Comal County Texas, said iron rod
880	880	is common to an angle point of the herein described tract;
881	881	THENCE N 00 43' 14" W - 680.91' along the east line of
882	882	Lundgren tract and the west line of the herein described tract to a
883	883	3/8" iron rod found common to the northeast corner of said Lundgren
884	884	tract, the southwest corner of a 36.513 acre tract described in the
885	885	deed from Andrew T. Almquist to Randy and Kellye Harris, recorded
886	886	under Document No. 200206003624, Official Public Records of Real
887	887	Property, Comal County Texas, and the northwest corner of the
888	888	herein described tract;
889	889	THENCE along the south line of said Harris tract and the north
890	890	line of the herein described tract the following:
891	891	N 81 00' 20" E - 156.49' along the south line of said
892	892	Harris tract to a 3/8" iron rod found for an angle corner of the
893	893	herein described tract;
894	894	N 70 25' 04" E - 417.66' along the south line of said
895	895	Harris tract to a 3/4" iron rod set for an angle corner of the herein
896	896	described tract;
897	897	N 78 48' 24" E - 845.87' along the south line of said
898	898	Harris tract to a fence corner found for an angle corner of the
899	899	herein described tract;
900	900	S 83 53' 55" E - 185.15' along the south line of said
901	901	Harris tract to a 12" wood post found for an angle corner of the
902	902	herein described tract;
903	903	N 81 55' 55" E - 471.21' along the south line of said
904	904	Harris tract to a fence corner found for an angle corner of the
905	905	herein described tract;
906	906	THENCE N 08 09' 17" W -120.10' along the easterly line of said
907	907	Harris tract to a 1/2" iron rod found for the most southerly corner
908	908	of a 31.89 acre tract described in the deed from Gibbons-Markey
909	909	Family Limited Partnership to Keith L. Markey, and wife Donna
910	910	Gibbons Markey recorded under Document No. 200306000632, Official
911	911	Public Records of Real Property, Comal County Texas, said iron rod
912	912	common to an angle corner of the herein described tract;
913	913	THENCE N 77 55' 49" E - 2075.17' along the south line of said
914	914	Markey tract, and the south line of a 49.35 acre tract described in
915	915	the deed from General Investment Corporation to John S. Best and
916	916	wife, Janet E. Best recorded under Document No. 9806012293,
917	917	Official Public Records of Real Property, Comal County, Texas, to a
918	918	3/4" iron rod set common to an angle corner of the herein described
919	919	tract;
920	920	THENCE N 77 53' 33" E - 334.95' along the south line of said
921	921	Best tract to a fence corner found common to the southeast corner of
922	922	the said Best tract and an angle point of the herein described
923	923	tract;
924	924	THENCE N 00 39' 34" W - 30.71' along the east line of said
925	925	Best tract to a fence corner found common to the most westerly
926	926	southwest corner of a 149.879 acre tract described in the deed from
927	927	the Estate of Jocelyn Welsch to Paul G. Silber, Jr. recorded under
928	928	Document No. 200506036460, Official Public Records of Real
929	929	Property, Comal County, Texas, said fence corner common to an angle
930	930	corner of the herein described tract;
931	931	THENCE along the southerly line of said Silber tract and the
932	932	northerly line of the herein described tract the following:
933	933	N 79 20' 11" E - 30.39' along the southerly line of said
934	934	Silber tract to a fence corner found common to an angle corner of
935	935	the herein described tract;
936	936	S 00 47' 49" E - 376.76' along the southerly line of said
937	937	Silber tract to a fence corner found common to an angle corner of
938	938	the herein described tract;
939	939	S 53 34' 35" E - 2463.58' along the southerly line of
940	940	said Silber tract to a 12" wood post found common to an angle corner
941	941	of the herein described tract;
942	942	S 87 30' 35" E - 93.33' along the southerly line of said
943	943	Silber tract to a 3/8" iron rod found in the westerly right-of-way
944	944	line of Smithson Valley Road, said iron rod common to the southeast
945	945	corner of said Silber tract and the most easterly corner of the
946	946	herein described tract;
947	947	THENCE along the westerly right-of-way line of Smithson
948	948	Valley Road and the easterly line of the herein described tract the
949	949	following:
950	950	S 27 12' 54" W - 433.94' to a 3/4" iron rod set common to
951	951	an angle corner of the herein described tract;
952	952	S 34 37' 54" W - 1343.20' to a 1/2" iron rod found common
953	953	to an angle corner of the herein described tract;
954	954	S 32 06' 54" W - 620.30' to a 1/2" iron rod found common
955	955	to an angle corner of the herein described tract;
956	956	S 51 47' 54" W - 148.65' to a 3/8" iron rod found common
957	957	to the southeast corner of the herein described tract;
958	958	THENCE N 88 32' 20" W - 683.94' along the northerly line of
959	959	Oak Village North, Unit No. 2 as shown in Plat recorded under Volume
960	960	3, Page 22, Map and Plat Records, Comal County, Texas, and along the
961	961	south line of the herein described tract to a fence corner found for
962	962	an angle corner of the herein described tract;
963	963	THENCE along the northerly line of said Oak Village North and
964	964	the south line of the herein described tract the following:
965	965	S 86 30' 29" W - 177.79' along the northerly line of said
966	966	Oak Village North to a 3/4" iron rod set common to an angle corner of
967	967	the herein described tract;
968	968	S 85 57' 02" W - 754.60' along the northerly line of said
969	969	Oak Village North, at 689.40' pass a 1/2" iron rod found common to
970	970	the northeast corner of lot 358, said Oak Village North, to a 3/4"
971	971	iron rod set common to an angle corner of the herein described
972	972	tract;
973	973	S 86 06' 02" W - 599.19' along the northerly line of said
974	974	Oak Village North, at 359.23' pass a 1/2" iron rod found common to
975	975	the northeast corner of lot 219, said Oak Village North, to a
976	976	railroad tie fence corner found common to an angle corner of the
977	977	herein described tract;
978	978	S 01 41' 27" E - 667.40' along the northerly line of said
979	979	Oak Village North, at 210.51 pass a 1/2" iron rod found common to
980	980	the southwest corner of lot 218, at 510.07' pass a 1/2" iron rod
981	981	found common to the southwest corner of lot 215, said Oak Village
982	982	North, to a fence corner found common to an angle corner of the
983	983	herein described tract;
984	984	S 89 45' 19" W - 163.00' along the northerly line of said
985	985	Oak Village North to a 1/2" iron rod found common to an angle corner
986	986	of the herein described tract;
987	987	N 89 59' 53" W - 560.04' along the northerly line of said
988	988	Oak Village North, at 445.60' pass a 1/2" iron rod found common to
989	989	the northeast corner of Lot 206, said Oak Village North, to a 3/4"
990	990	iron rod set common to an angle corner of the herein described
991	991	tract;
992	992	S 89 42' 21" W - 1430.20' along the northerly line of
993	993	said Oak Village North, at 35.52' pass a 1/2" iron rod found common
994	994	to the northeast corner of Lot 205, at 635.14' pass a 1/2" iron rod
995	995	found for the northeast corner of Lot 201, at 995.69' pass a 1/2"
996	996	iron rod found for the northeast corner of Lot 199, said Oak Village
997	997	North, to a 3/4" iron rod set common to an angle corner of the herein
998	998	described tract;
999	999	THENCE S 89 22' 40" W - 294.30' to a 3/8" iron rod found
1000	1000	common to the northwest corner of said Oak Village North and the
1001	1001	northeast corner of Lot 2, McGuffin Subdivision as shown on Plat
1002	1002	recorded under Volume 11, Page 248, Map and Plat Records, Comal
1003	1003	County, Texas, and an angle corner of the herein described tract;
1004	1004	THENCE S 89 44' 24" W - 395.56' along the north line of said
1005	1005	Lot 2 to the POINT OF BEGINNING of the herein described tract and
1006	1006	containing 497.9 acres of land.
1007	1007	TRACT 2E:
1008	1008	All that certain 152.8 acres of land in the M. Jamison Survey
1009	1009	No. 697, Abstract No. 298, the F.W. Foerster Survey No. 850,
1010	1010	Abstract No. 879, and the John Byland Survey No. 438, Abstract No.
1011	1011	50, Comal County Texas, which is all of the land described in the
1012	1012	deed from the Estate of Jocelyn Welsch to Paul G. Silber Jr.
1013	1013	recorded under Document No. 200506036460, Official Public Records
1014	1014	of Real Property, Comal County, Texas, and being more particularly
1015	1015	described by metes and bounds as follows: (All bearings based on
1016	1016	the Texas State Plane Coordinate System, South Central Zone)
1017	1017	BEGINNING at a 3/8" iron rod found in the westerly
1018	1018	right-of-way line of Smithson Valley Road, said iron rod is common
1019	1019	to a southeasterly corner of a 97.459 acre tract described in the
1020	1020	deed from Paradise Valley Corporation to Paul G. Silber, Jr.
1021	1021	recorded under Volume 331, Page 879 Deed Records, Comal County,
1022	1022	Texas, said iron rod common to the southeast corner of the herein
1023	1023	described tract;
1024	1024	THENCE along the northerly line of said Silber tract and the
1025	1025	southerly line of the herein described tract the following:
1026	1026	N 87 30' 35" W - 93.33' along the northerly line of said
1027	1027	Silber tract to a 12" wood post found common to an angle corner of
1028	1028	the herein described tract;
1029	1029	N 53 34' 35" W - 2463.58' along the northerly line of
1030	1030	said Silber tract to a fence corner found common to an angle corner
1031	1031	of the herein described tract;
1032	1032	N 00 47' 49" W - 376.76' along the northerly line of said
1033	1033	Silber tract to a fence corner found common to an angle corner of
1034	1034	the herein described tract;
1035	1035	THENCE S 79 20' 11" W - 30.39' along the northerly line of
1036	1036	said Silber tract to a fence corner found common to a point in the
1037	1037	east line of a 49.35 acre tract described in the deed from General
1038	1038	Investment Corporation to John S. Best and wife, Janet E. Best
1039	1039	recorded under Document No. 9806012293, Official Public Records of
1040	1040	Real Property, Comal County, Texas and an angle corner of the herein
1041	1041	described tract;
1042	1042	THENCE N 00 39' 34" W - 772.93' along the east line of said
1043	1043	Best tract to a 3/8" iron rod found common to an angle corner in the
1044	1044	east line of said Best tract, the south line of Lot 26, Stoney
1045	1045	Ridge, Unit I as shown on Plat recorded under Volume 5, Page 300,
1046	1046	Map and Plat Records, Comal County, Texas, said iron rod is common
1047	1047	to the northwest corner of the herein described tract;
1048	1048	THENCE along the south line of said Stoney Ridge and the north
1049	1049	line of the herein described tract the following:
1050	1050	N 73 32' 31" E - 254.01' along the south line of said
1051	1051	Stoney Ridge to a 3/4" iron rod set common to an angle corner of said
1052	1052	Stoney Ridge and the herein described tract;
1053	1053	N 75 12' 31" E - 147.00' along the south line of said
1054	1054	Stoney Ridge to a 3/4" iron rod set common to an angle corner of said
1055	1055	Stoney Ridge and the herein described tract;
1056	1056	N 77 40' 31" E - 1042.30' along the south line of said
1057	1057	Stoney Ridge, at 433.34' pass a 1/2" iron rod found common to the
1058	1058	southeast corner of Lot 28, Stoney Ridge; at 492.81' pass a 1/2"
1059	1059	iron rod found common to the southwest corner of Lot 29 Stoney
1060	1060	Ridge; at 834.63' pass a 1/2" iron rod found common to the southeast
1061	1061	corner of Lot 29 Stoney Ridge to a 3/4" iron rod set common to an
1062	1062	angle corner of said Stoney Ridge and the herein described tract;
1063	1063	N 77 17' 31" E - 452.72' along the south line of said
1064	1064	Stoney Ridge at 127.57' pass a 1/2" iron rod found common to the
1065	1065	southeast corner of Lot 30, Stoney Ridge; to a 3/4" iron rod set
1066	1066	common to an angle corner of said Stoney Ridge and the herein
1067	1067	described tract;
1068	1068	THENCE S 60 31' 06" E - 448.57' along the south line of said
1069	1069	Stoney Ridge, at 234.76' pass a 1/2" iron rod found common to the
1070	1070	southeast corner of Lot 32, Stoney Ridge, said iron rod is common to
1071	1071	the southwest corner of a 34.00 acre tract described in the deed
1072	1072	from Anita Richards Mayer, Trustee to Robert J. Nash and Gerri S.
1073	1073	Nash recorded under Document No. 9806017120 Official Public Records
1074	1074	of Real Property, Comal County, Texas, to a 3/4" iron rod set common
1075	1075	to an angle corner of the herein described tract;
1076	1076	THENCE S 60 11' 06" E - 957.40' continuing along the south
1077	1077	line of said Nash tract to a 3/4" iron rod set common to an angle
1078	1078	corner of the herein described tract;
1079	1079	THENCE S 59 41' 06" E - 269.40' continuing along the south
1080	1080	line of said Nash tract to a 3/4" iron rod set common to an angle
1081	1081	corner of the herein described tract;
1082	1082	THENCE S 60 39' 06" E - 457.10' along the south line of said
1083	1083	Nash tract, at 338.89' pass a 1/2" iron rod found common to the
1084	1084	southeast corner of said Nash tract and the southwest corner of Lot
1085	1085	1 of the aforementioned Stoney Ridge, to a 3/4" iron rod set common
1086	1086	to an angle corner of the herein described tract;
1087	1087	THENCE S 56 29' 06" E - 72.50' along the south line of said
1088	1088	Lot 1 to a 3/4" iron rod set common to an angle corner of the herein
1089	1089	described tract;
1090	1090	THENCE S 51 36' 06" E - 129.01' along the south line of said
1091	1091	Lot 1 to a fence corner found in the westerly right-of-way line of
1092	1092	Smithson Valley Road common to the northeast corner of the herein
1093	1093	described tract;
1094	1094	THENCE along the westerly right-of-way line of said Smithson
1095	1095	Valley Road and the easterly line of the herein described tract the
1096	1096	following:
1097	1097	S 48 51' 02" W - 560.70' along the westerly right-of-way
1098	1098	line of said Smithson Valley Road to a 3/4" iron rod set common to an
1099	1099	angle corner of Smithson Valley Road and the herein described
1100	1100	tract;
1101	1101	S 62 23' 50" W - 860.63' along the westerly right-of-way
1102	1102	line of said Smithson Valley Road, at 541.43' pass a 3/8" iron rod
1103	1103	found common to the northeasterly corner of a 2.881 acre tract
1104	1104	described in the aforementioned deed from the Estate of Jocelyn
1105	1105	Welsch to Paul G. Silber Jr. recorded under Document No.
1106	1106	200506036460, Official Public Records of Real Property, Comal
1107	1107	County, Texas, and designated as Tract II, to a 3/4" iron rod set
1108	1108	common to an angle corner of said Smithson Valley Road and the
1109	1109	herein described tract;
1110	1110	S 27 02' 50" W - 134.10' along the westerly right-of-way
1111	1111	line of said Smithson Valley Road, to a 3/8" iron rod found common
1112	1112	to the southwesterly corner of said Tract II and an angle corner of
1113	1113	said Smithson Valley Road and the herein described tract;
1114	1114	THENCE S 26 47' 25" W - 1095.86' along the westerly
1115	1115	right-of-way line of said Smithson Valley Road, to the POINT OF
1116	1116	BEGINNING of the herein described tract and containing 152.8 acres
1117	1117	of land.
1118	1118	PART 3
1119	1119	An 72.51 acre, or 3,158,644 square feet more or less, tract of
1120	1120	land being out of the remaining portion of 183.555 acre tract
1121	1121	conveyed to Berryman Properties, Ltd. in Special Warranty Deed
1122	1122	recorded in Volume 739, Pages 146-149 of the Deed Records of Comal
1123	1123	County, Texas, out of the Carl George Survey No. 432 and Phillip
1124	1124	Wagner Survey No. 573, Comal County, Texas. Said 72.51 acre tract
1125	1125	being more fully described as follows, with bearings established
1126	1126	from the Texas Coordinate System as established from the North
1127	1127	American Datum of 1983(CORS96) for the South Central Zone and based
1128	1128	on the south right-of-way line of State Highway 46, a variable width
1129	1129	right-of-way;
1130	1130	COMMENCING: At a found 1/2" iron rod with yellow cap marked
1131	1131	"Pape-Dawson", the south right-of-way line of State Highway 46, a
1132	1132	variable width right-of-way as shown in the retracement survey
1133	1133	TXDOT file SAT021501RA, the northeast corner of Travel Mart
1134	1134	Subdivision recorded in Volume 9, Page 312 of the Map and Plat
1135	1135	Records of Comal County, Texas, a northwest corner of said
1136	1136	remaining portion of 183.555 acre tract, from which a found Texas
1137	1137	Department of Transportation monument with a brass plate bears a
1138	1138	chord bearing and distance of S 6637'32"W, 239.55 feet and arc
1139	1139	length of 241.30 feet to the northeast corner of said Travel Mart
1140	1140	Subdivision and the intersection of the southeast right-of-way line
1141	1141	of U.S. Highway 281, a variable width right-of-way and the south
1142	1142	right-of-way line of said State Highway 46;
1143	1143	THENCE: Along and with the south right-of-way line of said
1144	1144	State Highway 46 and the north line of said remaining portion of
1145	1145	183.555 acre tract, the following calls and distances:
1146	1146	Northeasterly, along the arc of a curve to the right,
1147	1147	said curve having a radial bearing of S 1123'33" E, a radius of
1148	1148	576.94 feet, a central angle of 1015'10", a chord bearing and
1149	1149	distance of N 8344'02" E, 103.10 feet, an arc length of 103.24 feet
1150	1150	to a set 1/2" iron rod with yellow cap marked "Pape-Dawson";
1151	1151	N 8851'37"E, a distance of 417.14 feet to a found Texas
1152	1152	Department of Transportation monument with a brass plate;
1153	1153	N 4536'42"E, a distance of 15.32 feet to a found Texas
1154	1154	Department of Transportation monument with a brass plate;
1155	1155	N 8847'15"E, a distance of 184.35 feet to a found 1/2"
1156	1156	iron rod with yellow cap marked "Pape-Dawson", the west
1157	1157	right-of-way line of Berry Oaks Drive, a private street, also being
1158	1158	Lot 1, Drainage, Electric, Gas, Telephone, Cable T.V., and Water
1159	1159	Easement out of Berry Oaks Subdivision Unit 1 recorded in Volume 11,
1160	1160	Pages 393-396 of the Map and Plat Records of Comal County, Texas;
1161	1161	THENCE: Departing the south right-of-way line of State
1162	1162	Highway 46, along and with the west line of said Berry Oaks Drive
1163	1163	and the east line of said remaining portion of 183.555 acre tract,
1164	1164	the following calls and distances:
1165	1165	S 0125'26"E, a distance of 4.66 feet to a found 1/2"
1166	1166	iron rod with yellow cap marked "Pape-Dawson", a point of non
1167	1167	tangent curvature;
1168	1168	Southeasterly, along the arc of a curve to the right,
1169	1169	said curve having a radial bearing of S 0127'35" E, a radius of
1170	1170	25.00 feet, a central angle of 9207'18", a chord bearing and
1171	1171	distance of S 4523'56" E, 36.00 feet, an arc length of 40.20 feet to
1172	1172	a found 1/2" iron rod with yellow cap marked "Pape-Dawson";
1173	1173	Southwesterly, along the arc of a curve to the right,
1174	1174	said curve having a radial bearing of N 8920'17" W, a radius of
1175	1175	707.00 feet, a central angle of 724'45", a chord bearing and
1176	1176	distance of S 0422'05" W, 91.40 feet, an arc length of 91.47 feet to
1177	1177	a found 1/2" iron rod, from which a found 1/2" iron rod bears N
1178	1178	1028'11"E a distance of 4.59 feet;
1179	1179	S 0804'28"W, a distance of 19.93 feet to a found 1/2"
1180	1180	iron rod with yellow cap marked "Pape-Dawson";
1181	1181	Southwesterly, along the arc of a curve to the left,
1182	1182	said curve having a radial bearing of S 8219'30" E, a radius of
1183	1183	350.00 feet, a central angle of 0940'30", a chord bearing and
1184	1184	distance of S 0250'16" W, 59.03 feet, an arc length of 59.10 feet to
1185	1185	a found 1/2" iron rod with yellow cap marked "Pape-Dawson" and the
1186	1186	POINT OF BEGINNING;
1187	1187	Southwesterly, along a curve to the left said curve
1188	1188	having a radial bearing of N 8800'01" E, a radius of 350.00 feet, a
1189	1189	central angle of 0308'17", a chord bearing and distance of S
1190	1190	0334'08" E, 19.17 feet, an arc length of 19.17 feet to a set 1/2"
1191	1191	iron rod with yellow cap marked "Pape-Dawson", being the northeast
1192	1192	corner of Lot 2R of said Berry Oaks Subdivision Unit 1;
1193	1193	THENCE: S 8726'47"W, departing the east right-of-way line of
1194	1194	said Berry Oaks Drive and along and with the north line of said Lot
1195	1195	2R, a distance of 303.41 feet to a found 1/2" iron rod with cap
1196	1196	marked "ACE";
1197	1197	THENCE: Along and with the west line of said Berry Oaks
1198	1198	Subdivision Unit 1 and the east line of said remaining portion of
1199	1199	183.555 acre tract, the following calls and distances:
1200	1200	S 2342'23"E, a distance of 694.70 feet to a found 1/2"
1201	1201	iron rod with cap marked "ACE", being a west angle point of Lot 5R of
1202	1202	said Berry Oaks Subdivision;
1203	1203	S 0538'29"E, a distance of 162.30 feet to a found 1/2"
1204	1204	iron rod, being the southwest corner of said Lot 5R;
1205	1205	N 7157'28"E, along and with the south line of said Lot
1206	1206	5R, a distance of 311.16 feet to a set 1/2" iron rod with yellow cap
1207	1207	marked "Pape-Dawson", being the southeast corner of said Lot 5R, in
1208	1208	the east right-of-way line of said Berry Oaks Drive;
1209	1209	S 1802'32"E, along and with the east right-of-way line
1210	1210	of said Berry Oaks Drive, a distance of 60.00 feet to a set 1/2" iron
1211	1211	rod with yellow cap marked "Pape-Dawson", the northeast corner of
1212	1212	Lot 7R of said Berry Oaks Subdivision;
1213	1213	S 7157'28"W, along and with the north line of said Lot
1214	1214	7R, a distance of 324.35 feet to a found 1/2" iron rod, being the
1215	1215	northwest corner of said Lot 7R;
1216	1216	S 1942'10"W, a distance of 84.84 feet to a found 1/2"
1217	1217	iron rod with cap marked "ACE", being a west angle point of said Lot
1218	1218	7R;
1219	1219	S 0939'41"W, a distance of 226.86 feet to a found 1/2"
1220	1220	iron rod with cap marked "ACE", being a west angle point of Lot 8R of
1221	1221	said Berry Oaks Subdivision;
1222	1222	S 0516'46"E, a distance of 441.98 feet to a found 1/2"
1223	1223	iron rod with cap marked "ACE", being the southwest corner of Lot
1224	1224	10R and the northwest corner of Lot 11R of said Berry Oaks
1225	1225	Subdivision;
1226	1226	S 3737'14"E, a distance of 986.25 feet to a found 1/2"
1227	1227	iron rod with cap marked "ACE", being the southwest corner of Lot
1228	1228	15R and a west angle point of Lot 17R of said Berry Oaks
1229	1229	Subdivision;
1230	1230	S 4846'32"E, a distance of 695.56 feet to a found 1/2"
1231	1231	iron rod with cap marked "ACE", being the southeast corner of Lot
1232	1232	18R and the southwest corner of Lot 19R of said Berry Oaks
1233	1233	Subdivision;
1234	1234	S 6149'54"E, a distance of 385.79 feet to a set 1/2"
1235	1235	iron rod with yellow cap marked "Pape-Dawson", being the southeast
1236	1236	corner of Lot 19R, in the west right-of-way line of Stahl Lane, a
1237	1237	variable width right-of-way, from which a found 1/2" iron rod with
1238	1238	cap marked "ACE" bears S6400'16"E a distance of 0.65 feet;
1239	1239	THENCE: S 0014'31"E, departing said Berry Oaks Subdivision,
1240	1240	along and with the west line of said Stahl Lane, a distance of
1241	1241	103.55 feet to a set 1/2" iron rod with yellow cap marked
1242	1242	"Pape-Dawson", the beginning of a tangent curve to the right;
1243	1243	THENCE: Southwesterly, along and with the west line of said
1244	1244	Stahl Lane and the said curve to the right, said curve having a
1245	1245	radius of 663.42 feet, a central angle of 6745'22", a chord bearing
1246	1246	and distance of S 3338'10" W, 739.62 feet, an arc length of 784.54
1247	1247	feet to a set 1/2" iron rod with yellow cap marked "Pape-Dawson",
1248	1248	the southeast corner of said remaining portion of 183.555 acre
1249	1249	tract, the east line of a 47.97 acre tract recorded in Document
1250	1250	#9806006222 of the Official Records of Comal County, Texas;
1251	1251	THENCE: N 3846'18"W, departing the west right-of-way line of
1252	1252	said Stahl Lane, along and with the south line of said remaining
1253	1253	portion of 183.555 acre tract and the north line of said 47.97 acre
1254	1254	tract, a distance of 117.96 feet to a found 1/2" iron rod, being the
1255	1255	east line of a 30' Ingress-Egress Easement recorded in Volume 284,
1256	1256	Pages 407-411 of the Official Records of Comal County, Texas;
1257	1257	THENCE: N 0053'07''E, along and with the east line of said
1258	1258	easement, a distance of 224.63 feet to a found 1/2" iron rod, being
1259	1259	the south line of a called 0.50 acre cemetery tract recorded in
1260	1260	Volume 284, Pages 407-411 of the Official Records of Comal County,
1261	1261	Texas, being the northeast corner of said easement;
1262	1262	THENCE: N 8944'36"E, a distance of 117.83 feet (117.60'
1263	1263	Deed) to a found 1/2" iron rod, being the southeast corner of said
1264	1264	called 0.50 acre tract;
1265	1265	THENCE: N 0008'03"E, a distance of 147.58 feet (147.60'
1266	1266	Deed) to a found 1/2" iron rod, being the northeast corner of said
1267	1267	called 0.50 acre tract;
1268	1268	THENCE: N 8947'54"W, a distance of 147.92 feet (147.60'
1269	1269	Deed) to a found 1/2" iron rod, being the northwest corner of said
1270	1270	called 0.50 acre tract;
1271	1271	THENCE: S 0005'59"W, along and with the west line of said
1272	1272	easement, a distance of 148.37 feet (147.60' Deed) to a found 1/2"
1273	1273	iron rod, the southwest corner of said called 0.50 acre tract and
1274	1274	being the northwest corner of said easement;
1275	1275	THENCE: S 0053'07"W, along and with the west line of said
1276	1276	easement, a distance of 188.24 feet to a set 1/2" iron rod with
1277	1277	yellow cap marked "Pape-Dawson", the southwest corner of said
1278	1278	easement, the south line of said remaining portion of 183.555 acre
1279	1279	tract and the north line of said 47.97 acre tract;
1280	1280	THENCE: N 3846'18"W, along and with the south line of said
1281	1281	remaining portion of 183.555 acre tract and the north line of said
1282	1282	47.97 acre tract, at a distance of 1380.24 feet passing a found 1/2"
1283	1283	iron rod being the upper northwest corner of said 47.97 acre tract
1284	1284	and the northeast corner of Hogan/281 Subdivision recorded in
1285	1285	Volume 10, Page 277 of the Map and Plat Records of Comal County,
1286	1286	Texas and continuing a total distance of 1585.70 feet (1585.15'
1287	1287	Deed) to a found 1/2" iron rod;
1288	1288	THENCE: N 6219'48" W, along and with the south line of said
1289	1289	remaining portion of 183.555 acre tract and the north line of said
1290	1290	Hogan/281 Subdivision, a distance of 1361.30 feet to a set 1/2" iron
1291	1291	rod with yellow cap marked "Pape-Dawson";
1292	1292	THENCE: Over and across said remaining portion of 183.555
1293	1293	acre tract, the following calls and distances:
1294	1294	N 1459'26" E, a distance of 759.78 feet to a set 1/2"
1295	1295	iron rod with yellow cap marked "Pape-Dawson";
1296	1296	N 2400'39" E, a distance of 712.83 feet to a set 1/2"
1297	1297	iron rod with yellow cap marked "Pape-Dawson";
1298	1298	N 1405'08" E, a distance of 373.23 feet to a set 1/2"
1299	1299	iron rod with yellow cap marked "Pape-Dawson";
1300	1300	Northeasterly, along a non-tangent curve to the right
1301	1301	said curve having a radial bearing of S 1226'18" E, a radius of
1302	1302	376.94 feet, a central angle of 1117'54", a chord bearing and
1303	1303	distance of N 8312'40" E, 74.21 feet, an arc length of 74.33 feet to
1304	1304	a set 1/2" iron rod with yellow cap marked "Pape-Dawson";
1305	1305	N 8851'37" E, a distance of 496.43 feet to a set 1/2"
1306	1306	iron rod with yellow cap marked "Pape-Dawson";
1307	1307	N 4536'42" E, a distance of 15.46 feet to a to a set 1/2"
1308	1308	iron rod with yellow cap marked "Pape-Dawson";
1309	1309	N 8847'15" E, a distance of 114.05 feet to the POINT OF
1310	1310	BEGINNING and containing 72.51 acres in Comal County, Texas.
1311	1311	PART 4:
1312	1312	TRACT 4A:
1313	1313	A 20.29 acres or 883,763 square feet more or less, tract of
1314	1314	land, out of the Johann Rittmann Survey No. 579, Abstract No. 500
1315	1315	Comal, County, Texas and being all of a 20.0000 acre tract of land
1316	1316	conveyed to Raul S. Cantu Family Partnership No. 1 of record in
1317	1317	Volume 958 Page 824 and described in Volume 646 Page 848, Official
1318	1318	Public Records of Comal County, Texas, and being more particularly
1319	1319	described by metes and bounds as follows:
1320	1320	BEGINNING: At a found 1/2" iron rod in the east right of way
1321	1321	line of Stahl Road, for the southwest corner of a 11.706 acre tract
1322	1322	of land conveyed to Barbara Ancira Ruebenson of record in Document
1323	1323	No. 200706020345, Official Public Records of Comal County, Texas
1324	1324	and for the northwest corner of the 20.0000 acre tract and this
1325	1325	tract, from which a 1/2" iron rod found for the southerly northwest
1326	1326	corner of the 11.706 acre tract bears N 0000'41" W a distance of
1327	1327	40.04 feet.
1328	1328	THENCE: S 8950'29" E with the south line of the 11.706 acre
1329	1329	tract and the north line of the 20.0000 acre tract and this tract a
1330	1330	distance of 1182.37 feet to a found 1/2" iron rod in the west line of
1331	1331	a 497.9 acre tract of land conveyed to 633-4S Ranch, LTD. of record
1332	1332	in Document No. 200706014474, Official Public Records of Comal
1333	1333	County, Texas, for the southeast corner of the 11.706 acre tract and
1334	1334	for the northeast corner of the 20.000 acre tract and this tract.
1335	1335	THENCE: S 0036'37" E with the west line of the 497.9 acre
1336	1336	tract and with the east line of the 20.0000 acre tract and this
1337	1337	tract a distance of 738.23 feet to a 48" Live Oak Tree, for the
1338	1338	southwest corner of the 497.9 acre tract and in the north line of a
1339	1339	15.165 acre tract known as Lot 2, McGuffin Subdivision of record in
1340	1340	Volume 11 Page 248, Plat Records of Comal County, Texas and for the
1341	1341	southeast corner of the 20.0000 acre tract and this tract, from
1342	1342	which a found 3/8" iron rod for the northeast corner of the 15.165
1343	1343	acre tract bears N 8942'57" E a distance of 395.84 feet.
1344	1344	THENCE: with a north line of the 15.165 acre tract and the
1345	1345	north line of a 32.182 acre tract of land conveyed to Henry F.
1346	1346	Wagner of record in Document No. 200106022364, Official Public
1347	1347	Records of Comal County, Texas and the south line of the 20.0000
1348	1348	acre tract and this tract the following calls and distances:
1349	1349	1) S 8946'45" W, a distance of 275.52 feet to a found 1/2"
1350	1350	iron rod for the northwest corner of the 15.165 acre tract and an
1351	1351	angle point, and
1352	1352	2) S 8925'00" W, a distance of 916.73 feet to a set 1/2" iron
1353	1353	rod with a blue plastic cap stamped "KFW SURVEYING" in the east
1354	1354	right of way line of Stahl Road for the southwest corner of the
1355	1355	20.0000 acre tract and this.
1356	1356	THENCE: N 0009'02" E with the east right of way line of Stahl
1357	1357	Road and the west line of the 20.0000 acre tract and this tract a
1358	1358	distance of 751.86 feet to the POINT OF BEGINNING and containing
1359	1359	20.29 acres.
1360	1360	TRACT 4B:
1361	1361	BEING 149.984 ACRES OF LAND BEING OUT OF THE F.H. FAIGAUX
1362	1362	SURVEY NO. 787, ABSTRACT NO. 767, IN COMAL COUNTY, TEXAS, AND BEING
1363	1363	OUT OF THAT CERTAIN 155.956 ACRE TRACT OF LAND DESCRIBED IN A DEED
1364	1364	DATED MAY 20, 1975, FROM EDDIE LUX TO VIRGIL K. KNOWLTON RECORDED IN
1365	1365	VOLUME 227, PAGE 604, OF THE DEED RECORDS OF COMAL COUNTY, TEXAS,
1366	1366	AND BEING ALL OF THOSE CERTAIN TWO TRACTS OF LAND DESCRIBED IN TWO
1367	1367	SEPARATE DEEDS DATED JULY 10, 1984, EXECUTED BY VIRGIL K. KNOWLTON,
1368	1368	ET UX, ONE TRACT BEING 148.395 ACRES OF LAND, WHICH DEED IS RECORDED
1369	1369	IN VOLUME 398, PAGE 33, OF THE DEED RECORDS OF COMAL COUNTY, TEXAS,
1370	1370	AND THE OTHER TRACT BEING 4.116 ACRES OF LAND, WHICH DEED IS
1371	1371	RECORDED IN VOLUME 398, PAGE 42, OF THE DEED RECORDS OF COMAL
1372	1372	COUNTY, TEXAS, SAID 149.984 ACRES OF LAND BEING MORE PARTICULARLY
1373	1373	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1374	1374	COMMENCING AT AN IRON ROD FOUND AT A POINT IN THE WEST
1375	1375	RIGHT-OF-WAY-LINE OF STAHL LANE AT THE MOST NORTHERLY NORTHEAST
1376	1376	CORNER OF SAID 155.956 ACRE TRACT OF LAND, BEING THE MOST SOUTHERLY
1377	1377	SOUTHEAST CORNER OF THAT CERTAIN CLYDE JOHNSON AND SONS HEREFORD
1378	1378	RANCH, LTD 151.956 ACRE TRACT OF LAND, RECORDED IN DOCUMENT NO.
1379	1379	200006037239, OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, AND
1380	1380	BEING A POINT IN THE NORTH LINE OF THAT CERTAIN V.S. AND TERRI D.
1381	1381	KANE 6.020 ACRE TRACT OF LAND, RECORDED IN VOLUME 398, PAGE 30, OF
1382	1382	THE DEED RECORDS OF SAID COUNTY, FOR THE POINT OF COMMENCEMENT
1383	1383	HEREOF;
1384	1384	THENCE, WITH A PORTION OF SAID RIGHT-OF-WAY LINE AND WITH THE
1385	1385	EAST LINE OF SAID 6.020 ACRES OF LAND THE FOLLOWING TWO (2) COURSES:
1386	1386	1) S 5003'43" E, A DISTANCE OF 319.25 FEET TO AN IRON ROD
1387	1387	FOUND AT A POINT IN SAID LINE;
1388	1388	2) S 2419'45" E, A DISTANCE OF 214.71 FEET TO AN IRON ROD SET
1389	1389	AT THE SOUTHEAST CORNER OF SAID 6.020 ACRES OF LAND, FOR THE POINT
1390	1390	OF BEGINNING HEREOF;
1391	1391	THENCE, WITH A PORTION OF SAID RIGHT-OF-WAY LINE AND WITH A
1392	1392	PORTION OF THE EAST LINE OF SAID 155.956 ACRE TRACT OF LAND THE
1393	1393	FOLLOWING NINE (9) COURSES:
1394	1394	1) S 2419'45" E, A DISTANCE OF 288.35 FEET TO AN IRON ROD
1395	1395	FOUND;
1396	1396	2) S 6124'18" E, A DISTANCE OF 809.86 FEET TO AN IRON ROD
1397	1397	FOUND;
1398	1398	3) S 7139'27" E, A DISTANCE OF 390.70 FEET TO AN IRON ROD
1399	1399	FOUND;
1400	1400	4) S 3311'33" E, A DISTANCE OF 16.90 FEET TO AN IRON ROD
1401	1401	FOUND;
1402	1402	5) S 0604'41" E, A DISTANCE OF 213.95 FEET TO AN IRON ROD
1403	1403	FOUND;
1404	1404	6) S 0029'28" W, A DISTANCE OF 1,475.86 FEET TO AN IRON ROD
1405	1405	SET
1406	1406	7) S 5919'00" W, A DISTANCE OF 200.06 FEET TO AN IRON ROD SET
1407	1407	8) S 8857'00" W, A DISTANCE OF 388.95 FEET TO AN IRON ROD SET
1408	1408	9) S 4559'00" W, A DISTANCE OF 30.40 FEET TO AN IRON ROD SET
1409	1409	AT THE NORTHEAST CORNER OF THAT CERTAIN JOYCE LUX 0.616 OF AN ACRE
1410	1410	OF LAND, FOR THE SOUTHEAST CORNER HEREOF;
1411	1411	THENCE, WITH THE NORTH LINE OF SAID 0.516 OF AN ACRE OF LAND
1412	1412	AND WITH THE SOUTH LINE OF SAID 155.956 ACRE TRACT OF LAND THE
1413	1413	FOLLOWING FOUR (4) COURSES:
1414	1414	1) S 8936'00" W, A DISTANCE OF 1,019.90 FEET TO AN IRON ROD
1415	1415	SET AT AN ANGLE POINT IN SAID LINE;
1416	1416	2) N 3532'00" W, A DISTANCE OF 13.20 FEET TO AN IRON ROD SET
1417	1417	AT AN ANGLE POINT IN SAID LINE;
1418	1418	3) S 7204'00" W, A DISTANCE OF 51.70 FEET TO AN IRON ROD SET
1419	1419	AT AN ANGLE POINT IN SAID LINE;
1420	1420	4) N 8949'00" W, A DISTANCE OF 968.30 FEET TO AN IRON ROD SET
1421	1421	AT THE NORTHEAST CORNER OF THAT CERTAIN CLYDE JOHNSON AND SONS
1422	1422	HEREFORD RANCH, LTD 10.600 ACRE TRACT OF LAND, SAME BEING THE
1423	1423	SOUTHEAST CORNER OF THAT CERTAIN CLYDE JOHNSON AND SONS HEREFORD
1424	1424	RANCH, LTD 151.900 ACRE TRACT OF LAND, BOTH RECORDED IN DOCUMENT NO.
1425	1425	200006037239, OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, FOR
1426	1426	THE SOUTHWEST CORNER HEREOF;
1427	1427	THENCE, WITH THE EAST LINE OF SAID HEREFORD RANCH, LTD
1428	1428	151.900 ACRES OF LAND AND WITH THE WEST LINE OF SAID 155.956 ACRE
1429	1429	TRACT OF LAND, N 0040'00" W, A DISTANCE OF 3,017.30 FEET TO AN IRON
1430	1430	ROD FOUND AT A POINT IN THE SOUTH LINE OF SAID HEREFORD RANCH, LTD
1431	1431	151.956 ACRE TRACT OF LAND, FOR THE NORTHWEST CORNER HEREOF;
1432	1432	THENCE, WITH A PORTION OF SAID SOUTH LINE OF SAID 151.956 ACRE
1433	1433	TRACT OF LAND AND WITH A PORTION OF THE NORTH LINE OF SAID 155.956
1434	1434	ACRE TRACT OF LAND, S 8957'00" E, A DISTANCE OF 655.62 FEET TO AN
1435	1435	IRON ROD SET AT A POINT IN SAID LINE AT THE NORTHWEST CORNER OF SAID
1436	1436	KANE 6.020 ACRE TRACT OF LAND, FOR A POINT IN THE NORTH LINE HEREOF;
1437	1437	THENCE, THROUGH SAID 155.956 ACRE TRACT OF LAND WITH THE WEST
1438	1438	AND SOUTH LINE OF SAID KANE 6.020 ACRE TRACT OF LAND THE FOLLOWING
1439	1439	TWO (2) COURSES:
1440	1440	1) S 0040'00" E, A DISTANCE OF 400.33 FEET TO AN IRON ROD SET,
1441	1441	FOR AN INSIDE CORNER HEREOF;
1442	1442	2) S 8957'00" E, A DISTANCE OF 782.69 FEET TO THE POINT OF
1443	1443	BEGINNING AND CONTAINING 149.984 ACRES OF LAND, MORE OR LESS.
1444	1444	PART 5
1445	1445	FIELDNOTE DESCRIPTION of a 210.971 acre tract of land
1446	1446	situated within Comal County, Texas, out of the Christian Hanz
1447	1447	Survey Number 452, Abstract 263, the Agapita Nava Survey Number
1448	1448	451, Abstract 432 and the Johann Moegelin Survey Number 575,
1449	1449	Abstract 423 and being comprised of all of Lot 1, Block 2, KESTREL
1450	1450	AIR PARK as shown by plat recorded in Volume 12, Pages 314-316,
1451	1451	Comal County Map and Plat records, together with 16.210 acres out of
1452	1452	a certain 25.422 acre tract of land conveyed unto DJL Ventures Inc,
1453	1453	by warranty deed executed November 27, 2006 and recorded in
1454	1454	Document Number 200606050149, Comal County Official Records,
1455	1455	together with 0.519 acres out of a certain 3.827 acre tract of land
1456	1456	conveyed unto James R. and Cecelia Leininger by warranty deed
1457	1457	executed April 8, 1987 and recorded in Volume 564, Page 360, Comal
1458	1458	County Deed Records, together with 25.502 acres out of a remaining
1459	1459	portion of a certain 412.1351 acre tract of land conveyed unto James
1460	1460	R. Leininger by warranty deed executed December 29, 1982 and
1461	1461	recorded in Volume 338, Page 466, said Deed Records, together with a
1462	1462	certain 35.00 acre tract of land and a certain 5.058 acre tract of
1463	1463	land conveyed unto DJL Ventures, Inc by warranty deed executed
1464	1464	December 27, 2006 and recorded in Document Number 200706009043,
1465	1465	said Official Records, together with a called 123.995 acre tract
1466	1466	conveyed unto DJL Ventures, Inc by warranty deed executed January
1467	1467	3, 2007 and recorded in Document Number 200706009042, said Official
1468	1468	Records, in all said 210.971 acre tract being more particularly
1469	1469	described as follows:
1470	1470	BEGINNING at a 1/2" iron rod found at the intersection of the
1471	1471	westerly right-of-way line of U.S. Highway 281 (a variable width
1472	1472	public right-of-way) with the northerly incorporated limits of City
1473	1473	of Bulverde as described in the POLITICAL BOUNDARY DESCRIPTION OF A
1474	1474	1.8 SQUARE MILE TRACT OF LAND FOR THE CITY OF BULVERDE NORTHWEST -
1475	1475	INCORPORATION LIMITS, dated October 8, 2001; same being the common
1476	1476	southeast corner of said Lot 1, Block 2, KESTREL AIR PARK and the
1477	1477	northeast corner of said 25.422 acre tract, also being the eastern
1478	1478	most corner and POINT OF BEGINNING of this tract.
1479	1479	THENCE, along said northerly incorporated city limit line and
1480	1480	with the common south line of said Lot 1 and the north line of said
1481	1481	25.422 acre tract, North 88 16' 26" West, 200.70 feet to a point for
1482	1482	corner in the incorporated city limit line running 200 feet west of,
1483	1483	and parallel with, the westerly right-of-way line of said U.S.
1484	1484	Highway 281.
1485	1485	THENCE, across said 25.422 acre tract and with said line
1486	1486	running 200 feet west of, and parallel with, said westerly
1487	1487	right-of-way line as follows:
1488	1488	South 03 03' 10" East, 256.79 feet to a point for
1489	1489	corner.
1490	1490	South 05 51' 08" East, 710.05 to a point at the
1491	1491	beginning of a non-tangent curve concave to the west, whose radius
1492	1492	point bears South 84 07' 05" West and whose chord bearing and
1493	1493	distance is South 01 25' 05" West, 884.34 feet,
1494	1494	And southerly with the arc of said curve through a
1495	1495	central angle of 14 36' 01", an arc distance of 886.73 feet to a
1496	1496	point for corner situated in the incorporated city limit line
1497	1497	running perpendicular to the centerline of said U.S. Highway 281,
1498	1498	said perpendicular line being situated approximately 2,200 feet
1499	1499	north of the centerline of State Highway 46 (a 100 foot wide public
1500	1500	right-of-way).
1501	1501	THENCE along said perpendicular line, North 81 16' 54" West,
1502	1502	at 106.16 feet pass the common south line of said 25.422 acre tract
1503	1503	and the north line of said 3.827 acre tract, in all a distance of
1504	1504	270.53 feet to a point for corner situated in the incorporated city
1505	1505	limit line running 470 feet west of, and parallel with, the westerly
1506	1506	right-of-way line said U.S. Highway 281.
1507	1507	THENCE, along said line running 470 feet west of, and
1508	1508	parallel with, said westerly right-of-way line, South 14 54' 38"
1509	1509	West, at 178.41 feet pass the common west line of said 3.827 acre
1510	1510	tract and the east line of said 412.1351 acre tract, in all a
1511	1511	distance of 756.85 feet to a point for corner in the north line of a
1512	1512	9.156 acre tract of land conveyed unto J. David Bamberger by
1513	1513	correction deed executed February 9, 1981 and recorded in Volume
1514	1514	308, Page 202, said Deed Records.
1515	1515	THENCE, departing said line running 470 feet west of, and
1516	1516	parallel with, said westerly right-of-way line, South 76 50' 42"
1517	1517	West, 88.53 feet to a 1/2" iron rod found in the east line of said
1518	1518	412.1351 acre tract and at the northwest corner of said 9.156 acre
1519	1519	tract.
1520	1520	THENCE, along the common west line of said 9.156 acre tract
1521	1521	and east line of said 412.1351 acre tract, South 01 13' 43" East,
1522	1522	281.04 feet to its intersection with said incorporated city limit
1523	1523	line running 470 feet west of, and parallel with, said westerly
1524	1524	right-of-way line.
1525	1525	THENCE, across said 412.1351 acre tract and with said line
1526	1526	running 470 feet west of, and parallel with, said westerly
1527	1527	right-of-way line, South 14 54' 38" West, 379.03 feet to a point for
1528	1528	corner situated in the incorporated city limit line running 750
1529	1529	feet north of, and parallel with, the northerly right-of-way line
1530	1530	of said State Highway 46, same being the southeast corner of this
1531	1531	tract and the beginning of a non-tangent curve concave to the north
1532	1532	whose radius point bears North 04 50' 53" East, 10,662.25 feet and
1533	1533	whose chord bearing and distance is North 84 29' 03" West, 248.50
1534	1534	feet.
1535	1535	THENCE, along said line running 750 feet north of, and
1536	1536	parallel with, said northerly right-of-way line and westerly with
1537	1537	the arc of said curve through a central angle of 01 20' 08", an arc
1538	1538	distance of 248.51 feet to a point for corner.
1539	1539	THENCE, continuing across said 412.1351 acre tract and along
1540	1540	said line running 750 feet north of, and parallel with, said
1541	1541	northerly right-of-way line, North 83 56' 15" West, 475.45 feet to
1542	1542	a point for corner in the west line of WINDMILL RANCH SUBDIVISION,
1543	1543	UNIT 1, as shown by plat recorded in Volume 12, Pages 321 - 324, said
1544	1544	Map and Plat Records for the southerly southwest corner of this
1545	1545	tract, and from whence a 1/2" iron rod found at the southeast corner
1546	1546	of said WINDMILL RANCH SUBDIVISION, UNIT 1, bears South 00 05' 07"
1547	1547	West, 4.89 feet.
1548	1548	THENCE, continuing with said incorporated city limit line,
1549	1549	North 00 05' 07" East, 774.87 feet to a 1/2" iron rod found and
1550	1550	North 00 42' 29" West, at 311.99 feet pass a 1/2" iron rod set at the
1551	1551	common southwest corner of said 35.00 acre tract and a northerly
1552	1552	corner of the remaining portion of said 412.1351 acre tract, in all
1553	1553	a distance of 644.29 feet to an 8" cedar fence post found on the west
1554	1554	line of said 35.00 acre tract, at the common northeast corner of
1555	1555	said WINDMILL RANCH SUBDIVISION, UNIT 1 and the southeast corner of
1556	1556	said called 123.995 acre tract.
1557	1557	THENCE, continuing with said incorporated city limit line and
1558	1558	along the common north line of said WINDMILL RANCH SUBDIVISION,
1559	1559	UNIT 1, the south line of said called 123.995 acre tract and the
1560	1560	south line of this tract as follows:
1561	1561	North 89 28' 10" West, 1490.92 feet to a 1/2" iron rod
1562	1562	found.
1563	1563	and North 89 39' 20" West, 1508.06 feet to a 1/2" iron
1564	1564	rod found at the common northwest corner of said WINDMILL RANCH
1565	1565	SUBDIVISION, UNIT 1, the east corner of WINDMILL RANCH SUBDIVISION,
1566	1566	UNIT 2 according to the plat recorded in Volume 13, Pages 31 and 32,
1567	1567	said Map and Plat Records, the southwest corner of said called
1568	1568	123.995 acre tract and the westerly southwest corner of this tract.
1569	1569	THENCE, continuing with said incorporated city limit line,
1570	1570	North 00 01' 22" East, at 872.34 feet pass a 1/2" iron rod found at
1571	1571	the common north corner of said WINDMILL RANCH SUBDIVISION, UNIT 2
1572	1572	and the southeast corner of WINDMILL RANCH SUBDIVISION, UNIT 3
1573	1573	according to the plat recorded in Volume 13, Pages 33-36, said Map
1574	1574	and Plat Records, at 1742.32 feet pass a 1/2" iron rod found at the
1575	1575	northeast corner of Lot 84 as shown by plat of said WINDMILL RANCH
1576	1576	SUBDIVISION, UNIT 3, in all a distance of 1742.99 feet to a 1/2"
1577	1577	iron rod set on the south line of KESTREL AIR PARK according to the
1578	1578	plat recorded in Volume 12, Pages 314-316, said Map and Plat Records
1579	1579	for the northwest corner of said called 123.995 acre tract and the
1580	1580	northwest corner of this tract.
1581	1581	THENCE, departing said incorporated city limit line, North
1582	1582	89 35' 20" East, 2,627.46 feet, along the south line of said KESTREL
1583	1583	AIR PARK, to a 1/2" iron rod found on the south right-of-way line of
1584	1584	Flightline Drive (a 60 foot wide Private Street) as shown by plat of
1585	1585	said KESTREL AIR PARK.
1586	1586	THENCE, along said south right-of-way line, North 89 29' 45"
1587	1587	East, at 727.93 feet pass a 1/2" iron rod found at the common
1588	1588	northeast corner of said 123.995 acre tract and the northwest
1589	1589	corner of said 5.058 acre tract, in all a distance of 750.21 feet to
1590	1590	a 1/2" iron rod found at the west corner of said Lot 1, Block 2,
1591	1591	KESTREL AIR PARK and at the beginning of a non-tangent curve to the
1592	1592	left whose radius point bears North 00 29' 59" East, 360.00 feet and
1593	1593	whose chord bearing and distance is North 79 06' 14" East, 142.26
1594	1594	feet,
1595	1595	THENCE, continuing along said south right-of-way line and
1596	1596	with the common north line of said Lot 1, Block 2, KESTREL AIR PARK
1597	1597	and the north line of this tract the following courses:
1598	1598	Northeasterly along the arc of said curve through a
1599	1599	central angle of 22 47' 30", an arc distance of 143.20 feet to a
1600	1600	1/2" iron rod found.
1601	1601	North 66 45' 47" East, 174.00 feet to a 1/2" iron rod
1602	1602	found at the beginning of a tangent curve to the right having a
1603	1603	radius of 250.00 feet and a chord bearing and distance of North 86
1604	1604	43' 18" East, 170.67 feet,
1605	1605	Easterly with the arc of said curve through a central
1606	1606	angle of 39 55' 02", an arc distance of 174.17 feet to a 1/2" iron
1607	1607	rod found.
1608	1608	South 73 19' 11" East, 42.33 feet to a 1/2" iron rod
1609	1609	found at the beginning of a tangent curve to the left having a
1610	1610	radius 330.00 feet and a chord bearing and distance of South 80 50'
1611	1611	39" East, 86.43 feet,
1612	1612	Easterly with the arc of said curve through a central
1613	1613	angle of 15 02' 55", an arc distance of 86.67 feet to a mag nail
1614	1614	found.
1615	1615	South 88 22' 06" East, 190.99 feet to a 1/2" iron rod
1616	1616	found at the beginning of a tangent curve to the right having a
1617	1617	radius of 500.00 feet and a chord bearing and distance of South 85
1618	1618	19' 27" East, 53.11 feet,
1619	1619	Easterly with the arc of said curve through a central
1620	1620	angle of 06 05' 19", an arc distance of 53.13 feet to a 1/2" iron rod
1621	1621	found.
1622	1622	South 82 16' 47" East, 97.67 feet to 1/2" iron rod found
1623	1623	at the beginning of a tangent curve to the left having a radius of
1624	1624	500.00 feet and a chord bearing and distance of South 85 19' 27"
1625	1625	East, 53.11 feet,
1626	1626	Easterly with the arc of said curve through a central
1627	1627	angle of 06 05' 19", an arc distance of 53.13 feet to a 1/2" iron rod
1628	1628	found.
1629	1629	And South 88 21' 34" East, 127.32 feet to a 1/2" iron
1630	1630	rod found at the intersection of said south right-of-way line and
1631	1631	the westerly right-of-way line of said U.S. Highway 281, same being
1632	1632	at the common northeast corner of said Lot 1, Block 2, KESTREL AIR
1633	1633	PARK and the northeast corner of this tract.
1634	1634	THENCE, along said westerly right-of-way line, South 03 03'
1635	1635	10" East, at 134.71 feet to the point of POINT OF BEGINNING.
1636	1636	CONTAINING in all 210.971 acres or 9,189,882 square feet of
1637	1637	land, more or less.
1638	1638	SECTION 3. (a) The legal notice of the intention to
1639	1639	introduce this Act, setting forth the general substance of this
1640	1640	Act, has been published as provided by law, and the notice and a
1641	1641	copy of this Act have been furnished to all persons, agencies,
1642	1642	officials, or entities to which they are required to be furnished
1643	1643	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1644	1644	Government Code.
1645	1645	(b) The governor, one of the required recipients, has
1646	1646	submitted the notice and Act to the Texas Commission on
1647	1647	Environmental Quality.
1648	1648	(c) The Texas Commission on Environmental Quality has filed
1649	1649	its recommendations relating to this Act with the governor, the
1650	1650	lieutenant governor, and the speaker of the house of
1651	1651	representatives within the required time.
1652	1652	(d) All requirements of the constitution and laws of this
1653	1653	state and the rules and procedures of the legislature with respect
1654	1654	to the notice, introduction, and passage of this Act are fulfilled
1655	1655	and accomplished.
1656	1656	SECTION 4. This Act takes effect immediately if it receives
1657	1657	a vote of two-thirds of all the members elected to each house, as
1658	1658	provided by Section 39, Article III, Texas Constitution. If this
1659	1659	Act does not receive the vote necessary for immediate effect, this
1660	1660	Act takes effect September 1, 2009.