85R10588 GRM-F
By: Isaac H.B. No. 4273
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the North Hays County Municipal Utility
District No. 2; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7988 to read as follows:
CHAPTER 7988. NORTH HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7988.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the North Hays County Municipal
Utility District No. 2.
Sec. 7988.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7988.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7988.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7988.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7988.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7988.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7988.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7988.052, directors serve
staggered four-year terms.
Sec. 7988.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Hillary Sotello;
(2) Paul Byars;
(3) Meghan Skornia;
(4) Bailey Harrington; and
(5) Kevin Howard.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7988.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7988.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7988.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7988.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7988.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7988.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7988.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7988.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 7988.106. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if:
(1) the district has no outstanding bonded debt; and
(2) the district is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7988.003 to confirm the creation of the district.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7988.003.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7988.004 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7988.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7988.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7988.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7988.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7988.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7988.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7988.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7988.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The North Hays County Municipal Utility District
No. 2 initially includes all the territory contained in the
following area:
TRACT 1
DESCRIPTION OF 156.881 ACRES LAND IN THE M.M. MCCARVER SURVEY
NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A
CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND
DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF
RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS
COUNTY, TEXAS; SAID 156.881 ACRES OF LAND AS SURVEYED BY BOWMAN
CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
"LAI" previously set in the west right-of-way line of that certain
Union Pacific Railroad right-of-way described in the deed to
International & Great Northern Railroad Company of record in Volume
H, Page 22, Deed Records of Hays County, Texas, in the east line of
the said 983.99 acre tract, for the northeast corner of that certain
called 0.576 acre tract designated as Tract 4 and described in the
deed to the City of Kyle, Texas of record in Volume 3220, Page 508,
Official Public Records of Hays County, Texas, being the north
right-of-way line of Kohlers Crossing, a variable-width
right-of-way, for the southerly southeast corner and POINT OF
BEGINNING of the tract described herein;
THENCE leaving the west right-of-way line of the said Union
Pacific Railroad right-of-way, with the north right-of-way line of
said Kohlers Crossing, with the north line of the said 0.576 acre
tract, and with the south line of the tract described herein, the
following two (2) courses and distances:
1. S 88°53'49" W, a distance of 1,304.72 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set for an angle
point, and
2. S 88°49'05" W, a distance of 332.13 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set at the intersection
of the north right-of-way line of said Kohlers Crossing and the east
right-of-way line of Kyle Parkway, at the southeast corner of a
certain called 28.91 acre tract described in the dedication of
public right-of-way to the City of Kyle, Texas of record in Volume
4122, Page 67, Official Public Records of Hays County, Texas, for
the southerly southwest corner of the tract described herein;
THENCE leaving the north right-of-way line of said Kohlers
Crossing, with the east right-of-way line of said Kyle Parkway,
crossing the said 983.99 acre tract, with the east line of the said
28.91 acre tract, with the west line of the tract described herein,
the following four (4) courses and distances:
1. N 47°23'20" W, a distance of 50.34 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for an angle point,
for the westerly southwest corner of the tract described herein,
2. N 03°39'40" W, a distance of 355.98 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for a
point-of-curvature,
3. with the arc of a curve to the right, having a radius of
2,764.78 feet, an arc distance of 355.80 feet, and a chord which
bears N 00°01'17" E, a distance of 355.55 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for a
point-of-tangency, and
4. N 03°42'29" E, a distance of 1,223.27 feet to a calculated point
for the south corner of a certain called 0.931 acre tract designated
as Parcel 4 and described in the deed to the City of Kyle, Texas of
record in Volume 4122, Page 86, Official Public Records of Hays
County, Texas, for an angle point in the west line of the tract
described herein, from which a Texas Department of Transportation
(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found
bears N 13°25' E, a distance of 0.38 feet;
THENCE continuing across the said 983.99 acre tract, with the
east right-of-way line of said Kyle Parkway, with the east line of
the said 0.931 acre tract, and with the west line of the tract
described herein, the following three (3) courses and distances:
1. N 08°32'06" E, a distance of 238.83 feet to a Texas Department of
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
concrete) found at an angle point,
2. N 03°43'16" E, a distance of 464.30 feet to a Texas Department of
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
concrete) found at a point-of-curvature, and
3. with the arc of a curve to the left, having a radius 2,984.79
feet, an arc distance of 864.55 feet, and a chord which bears N
04°35'15" W, a distance of 861.53 feet to a calculated point for the
northwest corner of the tract described herein, from which a Texas
Department of Transportation (TxDOT) Type 2 right-of-way monument
(brass disk in concrete) found at a point-of-tangency in the east
right-of-way line of said Kyle Parkway and the east line of the said
0.931 acre tract bears with the arc of a curve to the left, having a
radius of 2,984.79 feet, an arc distance of 451.18 feet, and a chord
which bears N 17°12'57" W, a distance of 450.75 feet;
THENCE leaving the east right-of-way line of said Kyle
Parkway and the east line of the said 0.931 acre tract, crossing the
said 983.99 acre tract, with the north line of the tract described
herein, the following seven (7) courses and distances:
1. N 78°54'52" E, a distance of 599.41 feet to a calculated angle
point,
2. N 84°23'20" E, a distance of 307.89 feet to a calculated angle
point,
3. N 89°38'16" E, a distance of 365.98 feet to a calculated angle
point,
4. S 79°24'43" E, a distance of 289.83 feet to a calculated angle
point,
5. S 63°16'05" E, a distance of 339.74 feet to a calculated angle
point,
6. S 70°05'41" E, a distance of 312.86 feet to a calculated angle
point, and
7. S 70°11'42" E, a distance of 218.01 feet to a calculated point in
the west right-of-way line of the said Union Pacific Railroad and
the east line of the said 983.99 acre tract, for the northeast
corner of the tract described herein, from which a 1/2-inch iron rod
found in the west right-of-way line of the said Union Pacific
Railroad at the northeast corner of the said 983.99 acre tract, at
the southeast corner of a certain called 151.960 acre tract
described in a deed to Flint Hills Resources Central Texas, LLC of
record in Document No. 2015-15008284, Official Public Records of
Hays County, Texas, bears N 13°28'48" E, a distance of 1,692.66
feet;
THENCE S 13°28'48" W, with the west right-of-way line of the
said Union Pacific Railroad and the east line of the said 983.99
acre tract, with an east line of the tract described herein, a
distance of 781.12 feet to a calculated point at the northeast
corner of that certain tract of land dedicated to the International &
Great Northern Railroad of record in Volume N, Page 428, Deed
Records of Hays County, Texas, for the southeast corner of the tract
described herein, from which a 1/2-inch iron rod found bears S
88°18' W, a distance of 0.23 feet;
THENCE with the north and west right-of-way line of the said
Union Pacific Railroad, same being the said International & Great
Northern Railroad of record in Volume N, Page 428, Deed Records of
Hays County, Texas, and a south and east line of the said 983.99
acre tract, with a south and east line of the tract described
herein, the following two (2) courses and distances:
1. S 88°17'16" W, a distance of 378.46 feet to a 1/2-inch iron rod
found at the northwest corner of the said International & Great
Northern Railroad tract, at a re-entrant corner of the said 983.99
acre tract, for a re-entrant corner of the tract described herein,
and
2. S 00°43'41" E, a distance of 1,693.36 feet to a calculated point
in the west right-of-way line of the said Union Pacific Railroad
right-of-way, at the south corner of the said International & Great
Northern Railroad tract, at an angle point in the east line of the
said 983.99 acre tract, for an angle point in the east line of the
tract described herein;
THENCE S 13°28'03" W, with the west right-of-way line of the
said Union Pacific Railroad and the east line of the said 983.99
acre tract, with the east line of the tract described herein, a
distance of 811.29 feet to the POINT OF BEGINNING and containing
156.881 acres of land, more or less.
BEARING BASIS: Texas Coordinate System, South Central Zone,
NAD83, Grid.
TRACT 2
DESCRIPTION OF 105.19 ACRES OF LAND IN THE JOHN COOPER
SURVEY NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, AND
THE JESSE DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A
PORTION OF THAT CERTAIN CALLED 185.77 ACRES OF LAND
DESIGNATED AS TRACT 4 OF EXHIBIT "A" DESCRIBED IN THE DEED TO
MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139,
OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 105.19
ACRES OF LAND, AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD.,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/2-inch iron rod with plastic cap
stamped "LOOMIS" previously set in the south right-of-way
line of Kohlers Crossing (Hays County Road No. 171), a
varying width right-of-way, in the east line of that certain
40-foot wide tract of land described in the deed to
International and Great Northern Railroad Company of record
in Volume H, Page 25, Deed Records of Hays County, Texas,
being 20-ft east of the centerline of the railroad track, for
the southwest corner of a certain called 0.498 of one acre
tract designated as Parcel 5, Tract 1 and described in
Exhibit A in the deed to the City of Kyle, Texas of record in
Volume 3218, Page 810, Official Public Records of Hays
County, Texas, for the northwest corner and POINT OF
BEGINNING of the tract described herein;
THENCE N 88° 52' 31" E, with the south right-of-way line
of said Kohlers Crossing and the south line of the said 1.845
acre tract, with the north line of the tract described
herein, a distance of 1,117.83 feet to a 1/2-inch iron rod
with plastic cap stamped "BCG" set for the northwest corner
of Lot 1, Block A, Plum Creek Phase I, Lot 1, Block A Business
Park, a subdivision according to the plat of record in
Cabinet 14, Slides 34-35, Plat Records of Hays County, Texas,
and for the southwest corner of a certain called 0.187 of one
acre tract described in the deed to Plum Creek Development
Partners, Ltd. of record in Volume 3145, Page 369, Official
Public Records of Hays County, Texas and dedicated as
right-of-way in the said Plum Creek Phase I, Lot 1, Block A
Business Park plat, for the northerly northeast corner of the
tract described herein;
THENCE leaving the south right-of-way line of said
Kohlers Crossing, with the west and south lines of said Lot 1,
Block A, Plum Creek Phase I, Lot 1, Block A Business Park,
with the an east and north line of the tract described herein,
the following two (2) courses and distances:
1. S 01° 07' 29" E. a distance of 669.00 feet to a 1/2-inch
iron rod with plastic cap stamped "LAI" previously set for
the southwest corner of said Lot 1, Block A, Plum Creek Phase
I, Lot 1, Block A Business Park, and for a re-entrant corner
of the tract described herein, and
2. N 88° 52' 31" E, a distance of 326.00 feet to a 1/2-inch
iron rod with plastic cap stamped "LOOMIS" previously set in
the west line of a certain called 3.239 acre tract described
in the deed to Plum Creek Development Partners, LTD. of
record in Volume 3181, Page 307, Official Public Records of
Hays County, Texas, same being the west right-of-way line of
Marketplace Avenue, an 80-foot right-of-way, as shown on the
said Plum Creek Phase I, Lot 1, Block A Business Park plat,
for the southeast corner of said Lot 1, Block A, Plum Creek
Phase I, Lot 1, Block A Business Park, for the easterly
northeast corner of the tract described herein;
THENCE S 01° 07' 29" E, with the west right-of-way line
of said Marketplace Avenue and the west line of the said 3.239
acre tract, with the east line of the tract described herein,
a distance of 1,106.69 feet to a 1/2-inch iron rod with
plastic cap stamped "LAI" previously set in the south line of
the said 185.77 acre tract and the northwest line of a certain
called 126.130 acre tract designated as Tract 1 and described
in the deed to Sheldon-Tanglewood, LTD. of record in Volume
2495, Page 677, Official Public Records of Hays County,
Texas, for the easterly southeast corner of the tract
described herein;
THENCE S 46° 04' 39" W, leaving the west right-of-way
line of said Marketplace Avenue, with the south line of the
said 185.77 acre tract and the northwest line of the said
126.130 acre tract, with the southeast line of the tract
described herein, at a distance of approximately 927.4 feet,
passing the west corner of the said 126.130 acre tract and the
north corner of a certain called 70.657 acre tract designated
as Kirkham Tract I and described in the deed to
Sheldon-Tanglewood, LTD. of record in Volume 2495, Page 658,
Official Public Records of Hays County, Texas, and continuing
with the south line of the said 185.77 acre tract and the
northwest line of the said 70.657 acre tract for a total
distance of 2,923.83 feet to a 1/2-inch iron rod with plastic
cap stamped "BCG" set in the northeast right-of-way line of
F.M. 1626, a varying-width right-of-way, for the east corner
of a certain called 0.04 acre tract described in the deed to
the City of Kyle, Texas of record in Volume 1871, Page 241,
Official Public Records of Hays County, Texas, and dedicated
as right-of-way in Exhibit A of record in Volume 4122, Page
67, Official Public Records of Hays County, Texas, and for
the northerly northwest corner of a certain called 9.20 acre
tract described in the deed to the City of Kyle, Texas of
record in Volume 2022, Page 363, Official Public Records of
Hays County, Texas, for the southerly southwest corner of the
tract described herein;
THENCE N 60° 06' 35" W, with the northeast right-of-way
line of said F.M. 1626 and the northeast line of the said 0.04
acre tract, with the southwest line of the tract described
herein, a distance of 44.60 feet to a 1/2-inch iron rod with
plastic cap stamped "LAI" previously set in the east line of
the said International and Great Northern Railroad Company
tract for the westerly southwest corner of the tract
described herein;
THENCE with the east line of the said International and
Great Northern Railroad Company tract and the west line of
the tract described herein, the following three (3) courses
and distances:
1. N 09° 02' 18" E, a distance of 2,648.42 feet to a 1/2-inch
iron rod with plastic cap stamped "LOOMIS" previously set for
a point of curvature,
2. with an arc of a curve to the right, having a radius of
7,380.00 feet, an arc distance of 575.74 feet and a chord
which bears N 11° 16' 24" E, a distance of 575.59 feet to a
1/2-inch iron rod with plastic cap stamped "LOOMIS"
previously set for a point of tangency, and
3. N 13° 30' 30" E, a distance of 589.29 feet to the POINT OF
BEGINNING and containing 105.19 acres of land more or less.
BEARING BASIS: Bearings recited herein are Texas Coordinate
System, South Central Zone, NAD83, Grid.
TRACT 3
DESCRIPTION OF 23.676 ACRES LAND IN THE JOHN COOPER SURVEY
NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, AND THE JESSE
DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF A CERTAIN
CALLED 185.77 ACRES OF LAND DESCRIBED AS TRACT 4 OF EXHIBIT "A" IN A
DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME
2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID
23.676 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD.,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
"LAI" previously set at the intersection of the south right-of-way
line of Kohlers Crossing (County Road 171), a varying-width
right-of-way, and the east right-of-way line of Marketplace Avenue,
a 60-foot right-of-way, as shown on the Plum Creek Phase 1, Lot 1,
Block A, Business Park plat of record in Cabinet 14, Pages 34-35,
Plat Records of Hays County, Texas, same being the southwest corner
of a certain called 1.347 acre tract designated as Parcel 5, Tract 2
and described in Exhibit A in the deed to the City of Kyle, Texas of
record in Volume 3218, Page 810, Official Public Records of Hays
County, Texas, for the northwest corner and POINT OF BEGINNING of
the tract described herein;
THENCE leaving the east right-of-way line of said Marketplace
Avenue, with the south right-of-way line of said Kohlers Crossing,
with the south line of the said 1.347 acre tract, and the north line
of the tract described herein, the following three (3) courses and
distances:
1. N 88°52'31" E, a distance of 699.00 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for a re-entrant
corner of the said 1.347 acre tract, for the northerly northeast
corner of the tract described herein,
2. S 01°07'29" E, a distance of 15.00 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for a southwest
corner of the said 1.347 acre tract, for a re-entrant corner of the
tract described herein, and
3. N 88°52'31" E, a distance of 125.82 feet to a calculated point
for the easterly northeast corner of the tract described herein,
from which a 1/2-inch iron rod with a plastic cap stamped "LAI"
previously set for a southeast corner of the said 1.347 acre tract
in the south right-of-way line of said Kohlers Crossing bears N
88°52'31" E, a distance of 249.78 feet;
THENCE S 05°29'35" W, leaving the south right-of-way line of
said Kohlers Crossing and the south line of the said 1.347 acre
tract, crossing the said 185.77 acre tract, with the east line of
the tract described herein, a distance of 1,040.89 feet to a
1/2-inch iron rod found at an angle point in the south line of the
said 185.77 acre tract, same being a north corner of a certain
called 126.130 acre tract designated as Tract I and described in the
deed to Sheldon - Tanglewood, Ltd. of record in Volume 2495, Page
677, Official Public Records of Hays County, Texas, for the
southeast corner of the tract described herein;
THENCE S 46°04'39" W, with a southeast line of the said 185.77
acre tract and the northwest line of the said 126.130 acre tract,
with the southeast line of the tract described herein, at a distance
of 899.28 feet, a 1/2-inch iron rod with a plastic cap stamped "MW
Cude" found bears S 43°55'14" E, a distance of 3.81 feet, and
continuing for a total distance of 960.62 feet to a 1/2-inch iron
rod with a plastic cap stamped "LAI" previously set for the
southeast terminus of said Marketplace Avenue, for the southwest
corner of the tract described herein;
THENCE N 01°07'29" W, leaving the northwest line of the said
126.130 acre tract, with the east right-of-way line of said
Marketplace Avenue, with the west line of the tract described
herein, a distance of 1,701.61 feet to the POINT OF BEGINNING and
containing 23.676 acres of land, more or less.
BEARING BASIS: Texas Coordinate System, South Central Zone,
NAD83, Grid.
TRACT 4
DESCRIPTION OF 46.400 ACRES LAND IN THE JOHN COOPER SURVEY
NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, THE THOMAS ALLEN
SURVEY NO. 1, A-26, AND THE JOHN KING SURVEY NO. 20, A-276, HAYS
COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 185.77 ACRES OF
LAND DESCRIBED AS TRACT 4 OF EXHIBIT "A" IN A DEED WITHOUT WARRANTY
TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, OFFICIAL
PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING ALL OF A CERTAIN
CALLED 0.353 ACRE TRACT DESCRIBED IN THE DEED TO PLUM CREEK
DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 2902, PAGE 563,
OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 46.400 ACRES OF
LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
"LAI" previously set at the intersection of the west right-of-way
line of Hays County Road No. 210, also known as Dry Hole Road and as
Old State Highway No. 2, a variable-width right-of-way, and the
south right-of-way line of Kohlers Crossing, a variable-width
right-of-way, same being the southeast corner of a certain called
1.347 acre tract designated as Tract 2 and described in the deed to
the City of Kyle, Texas of record in Volume 3218, Page 810, Official
Public Records of Hays County, Texas, for the easterly northeast
corner and POINT OF BEGINNING of the tract described herein;
THENCE leaving the south right-of-way line of said Kohlers
Crossing, with the west right-of-way line of said Hays County Road
No. 210, and the east line of the said 185.77 acre tract, with the
east line of the tract described herein, the following three (3)
courses and distances:
1. S 00°25'18" W, at a distance of 7.98 feet, passing a 1/2-inch
iron rod with a plastic cap stamped "LAI" previously set for the
northeast corner of the said 0.353 acre tract, and continuing for a
total distance of 446.78 feet to a 1/2-inch iron rod with a plastic
cap stamped "LAI" previously set for an angle point,
2. S 08°52'40" W, a distance of 965.87 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for an angle point,
and
3. S 13°43'40" W, a distance of 229.23 feet to a 1/2-inch iron rod
found at the southeast corner of the said 185.77 acre tract, the
southeast corner of the said 0.353 acre tract, the northeast corner
of a certain called 126.130 acre tract designated as Tract I and
described in the deed to Sheldon - Tanglewood, Ltd. of record in
Volume 2495, Page 677, Official Public Records of Hays County,
Texas, same being the northeast corner of a certain called 0.390
acre tract designated as Parcel No. 3 and described in the deed to
Hays County, Texas of record in Volume 2941, Page 666, Official
Public Records of Hays County, Texas, for the southeast corner of
the tract described herein;
THENCE leaving the west right-of-way line of said Hays County
Road No. 210, with a southwest line of the said 185.77 acre tract
and the northeast line of the said 126.130 acre tract, with the
south line of the tract described herein, the following two (2)
courses and distances:
1. N 67°09'34" W, at a distance of 12.20 feet, passing a 1/2-inch
iron rod with a plastic cap stamped "LAI" previously set for the
southwest corner of the said 0.353 acre tract and the northwest
corner of the said 0.390 acre tract, at a distance of 548.41 feet, a
1/2-inch iron rod with a plastic cap stamped "MW Cude" found bears S
22°50'26" W, a distance of 1.48 feet, at a distance of 1,064.14 feet,
a 1/2-inch iron rod with a plastic cap stamped "MW Cude" found bears
S 22°50'26" W, a distance of 1.18 feet, and continuing for a total
distance of 1,130.45 feet to a 60-d nail found in an old tree stump
for an angle point in the south line of the tract described herein,
and
2. N 67°08'12" W, at a distance of 31.10 feet, a 1/2-inch iron rod
with a plastic cap stamped "MW Cude" found bears S 22°51'48" W, a
distance of 1.04 feet, and continuing for a total distance of 353.96
feet to a 1/2-inch iron rod found at an angle point in the south line
of the said 185.77 acre tract, same being the north corner of the
said 126.130 acre tract, for the southwest corner of the tract
described herein;
THENCE N 05°29'35" E, leaving the north line of the said
126.130 acre tract, crossing the said 185.77 acre tract, with the
west line of the tract described herein, a distance of 1,040.89 feet
to a calculated point in the south right-of-way line of said Kohlers
Crossing and the south line of the said 1.347 acre tract, for the
westerly northwest corner of the tract described herein, from which
a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set
for a southwest corner of the said 1.347 acre tract bears S 88°52'31"
W, a distance of 125.83 feet;
THENCE with the south right-of-way line of said Kohlers
Crossing, with the south line of the said 1.347 acre tract, with the
north lines of the tract described herein, the following four (4)
courses and distances:
1. N 88°52'31" E, a distance of 249.77 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for a southeast
corner of the said 1.347 acre tract, for a re-entrant corner of the
tract described herein,
2. N 01°07'29" W, a distance of 18.00 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for a re-entrant
corner of the said 1.347 acre tract, for the northerly northwest
corner of the tract described herein,
3. N 88°52'31" E, a distance of 1,191.46 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for an angle point
of the said 1.347 acre tract, for the northerly northeast corner of
the tract described herein, and
4. S 44°34'42" E, a distance of 49.09 feet to the POINT OF BEGINNING
and containing 46.400 acres of land, more or less.
BEARING BASIS: Texas Coordinate System, South Central Zone,
NAD83, Grid.
TRACT 5
DESCRIPTION OF 157.726 ACRES LAND IN THE M.M. MCCARVER SURVEY
NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A
CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND
DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF
RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS
COUNTY, TEXAS; SAID 157.726 ACRES OF LAND AS SURVEYED BY BOWMAN
CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a mag-nail previously set in the north line of
the said 983.99 acre tract and the south line of a certain tract of
land described in the deed to Texas-Lehigh Cement Company of record
in Volume 609, Page 843, Real Property Records of Hays County,
Texas, for the northeast corner of a certain called 28.91 acre tract
described in the dedication of public right-of-way to the City of
Kyle, Texas of record in Volume 4122, Page 67, Official Public
Records of Hays County, Texas, same being the east right-of-way
line of Kyle Parkway, a variable-width right-of-way, for the
northwest corner and POINT OF BEGINNING of the tract described
herein;
THENCE N 88°09'34" E, leaving the east right-of-way line of
said Kyle Parkway, with the north line of the said 983.99 acre tract
and the south line of the said Texas-Lehigh Cement Company tract,
with the north line of the tract described herein, at a distance of
1,870.26 feet, passing a calculated point for the southeast corner
of the said Texas-Lehigh tract, same being the southwest corner of a
certain called 21.6 acre tract described in the deed to Hays County
Youth Athletic Association of record in Volume 356, Page 294, Deed
Records of Hays County, Texas, from which a 1/2-inch iron rod found
bears N 01°34'50" W, 1.38 feet, and continuing with the south line of
the said 21.6 acre tract for a total distance of 2,530.40 feet to a
1/2-inch iron rod found at the northeast corner of the said 983.99
acre tract and at the westerly northwest corner of a certain called
151.960 acre tract described in a deed to Flint Hills Resources
Central Texas, LLC of record in Document No. 2015-15008284,
Official Public Records of Hays County, Texas, for the northerly
northeast corner of the tract described herein;
THENCE with a west and south line of the said 151.960 acre
tract, with an east and north line of the said 983.99 acre tract,
with an east and north line of the tract described herein, the
following two (2) courses and distances:
1. S 01°56'20" E, a distance of 1,296.09 feet to a cotton-gin
spindle found at the southwest corner of the said 151.960 acre tract
and at a re-entrant corner of the said 983.99 acre tract, for a
re-entrant corner of the tract described herein, and
2. N 88°19'25" E, a distance of 1,023.18 feet to a 1/2-inch iron rod
found in the west right-of-way line of that certain Union Pacific
Railroad right-of-way described in the deed to the International &
Great Northern Railroad Company of record in Volume H, Page 22, Deed
Records of Hays County, Texas, for the northeast corner of the said
983.99 acre tract, and the southeast corner of the said 151.960 acre
tract, for the easterly northeast corner of the tract described
herein;
THENCE S 13°28'48" W, leaving the south line of the said
151.960 acre tract, with the west right-of-way line of the said
Union Pacific Railroad and the east line of the said 983.99 acre
tract, with an east line of the tract described herein, a distance
of 1,692.66 feet to a calculated point for the southeast corner of
the tract described herein, from which a calculated point in the
west right-of-way line of the said Union Pacific Railroad at the
northeast corner of that certain tract of land dedicated to the
International & Great Northern Railroad of record in Volume N, Page
428, Deed Records of Hays County, Texas, bears S 13°28'48" W, a
distance of 781.12 feet, and from which a 1/2-inch iron rod found
bears S 88°18' W, a distance of 0.23 feet;
THENCE leaving the west right-of-way line of the said Union
Pacific Railroad, crossing the said 983.99 acre tract, with the
south line of the tract described herein, the following seven (7)
courses and distances:
1. N 70°11'42" W, a distance of 218.01 feet to a calculated angle
point,
2. N 70°05'41" W, a distance of 312.86 feet to a calculated angle
point,
3. N 63°16'05" W, a distance of 339.74 feet to a calculated angle
point,
4. N 79°24'43" W, a distance of 289.83 feet to a calculated angle
point,
5. S 89°38'16" W, a distance of 365.98 feet to a calculated angle
point,
6. S 84°23'20" W, a distance of 307.89 feet to a calculated angle
point, and
7. S 78°54'52" W, a distance of 599.41 feet to a calculated point in
the east right-of-way line of said Kyle Parkway, same being the east
line of a certain called 0.931 acre tract designated as Parcel 4 and
described in the deed to the City of Kyle, Texas of record in Volume
4122, Page 86, Official Public Records of Hays County, Texas, for
the southwest corner of the tract described herein, from which a
Texas Department of Transportation (TxDOT) Type 2 right-of-way
monument (brass disk in concrete) found at a point-of-tangency in
the east right-of-way line of said Kyle Parkway, and the said 0.931
acre tract bears with the arc of a curve to the right, having a
radius of 2,984.79 feet, an arc distance of 864.55 feet, and a chord
which bears S 04°35'15" E, a distance of 861.53 feet;
THENCE continuing across the said 983.99 acre tract, with the
east right-of-way line of said Kyle Parkway and the east line of the
said 0.931 acre tract, with the west line of the tract described
herein, the following two (2) courses and distances:
1. with the arc of a curve to the left, having a radius of 2,984.79
feet, an arc distance of 451.18 feet, and a chord which bears N
17°12'57" W, a distance of 450.75 feet to a Texas Department of
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
concrete) found at a point-of-tangency, and
2. N 26°47'39" W, a distance of 222.09 feet to a calculated point in
the east line of the said 28.91 acre tract for the north corner of
the said 0.931 acre tract, for an angle point in the west line of the
tract described herein, from which a Texas Department of
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
concrete) found bears S 26°19' E, a distance of 3.26 feet;
THENCE continuing across the said 983.99 acre tract, with the
east right-of-way line of said Kyle Parkway and the east line of the
said 28.91 acre tract, with the west line of the tract described
herein, the following two (2) courses and distances:
1. N 21°32'51" W, a distance of 1,170.15 feet to a calculated
point-of-curvature, from which a Texas Department of
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
concrete) found bears N 22°04'05" E, a distance of 0.41 feet, and
2. with the arc of a curve to the right, having a radius of
2,764.78 feet, an arc distance of 898.49 feet, and a chord which
bears N 12°14'15" W, a distance of 894.54 feet to the POINT OF
BEGINNING and containing 157.726 acres of land, more or less.
BEARING BASIS: Texas Coordinate System, South Central Zone,
NAD83, Grid.
TRACT 6
DESCRIPTION OF 133.892 ACRES LAND IN THE M.M. MCCARVER SURVEY
NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A
CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND
DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF
RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS
COUNTY, TEXAS, AND ALL OF A CERTAIN CALLED 5.207 ACRE TRACT
DESCRIBED IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN INSTRUMENT
NO. 16029224, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID
133.892 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD.,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
"LAI" previously set at the intersection of the north right-of-way
line of Kohlers Crossing (County Road No. 171), a variable width
right-of-way, same being the north line of a called 1.171 acre tract
of land designated as Parcel 3, Tract 1, and described in a deed to
the City of Kyle, Texas, of record in Volume 3220, Page 508,
Official Public Records of Hays County, Texas, and the west
right-of-way line of Benner, a 70-foot wide right-of-way, as shown
on the Plum Creek Phase II, Section 1A subdivision plat of record in
Cabinet 14, Pages 225-226, Plat Records of Hays County, Texas, for
the southerly southeast corner and POINT OF BEGINNING of the tract
described herein;
THENCE with the north right-of-way line of said Kohlers
Crossing, and the north line of the said 1.171 acre tract, with a
south line of the tract described herein, the following four (4)
courses and distances:
1. S 88°49'05" W, a distance of 32.70 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for an angle point,
2. S 87°37'32" W, a distance of 488.02 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for an angle point,
3. S 87°50'11" W, at a distance of 225.44 feet, passing a 1/2-inch
iron rod with a plastic cap stamped "BCG" previously set for a
point-on line, and continuing for a total distance of 252.78 feet to
a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set
for an angle point, and
4. S 87°19'58" W, a distance of 27.10 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for the southerly
southeast corner of a certain called 324.250 acre tract designated
as Tract 1 and described in the deed to Lennar Homes of Texas Land
and Construction, Ltd. of record in Instrument No. 16029226,
Official Public Records of Hays County, Texas, for the southwest
corner of the tract described herein;
THENCE with the east and south lines of the said 324.250 acre
tract and the west and north lines of the tract described herein,
the following seven (7) courses and distances:
1. N 00°29'00" W, a distance of 715.18 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for an angle point,
2. N 33°32'22" E, a distance of 340.44 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for an angle point,
3. N 28°43'08" E, a distance of 349.81 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for an angle point,
4. N 20°39'46" E, a distance of 412.04 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for an angle point,
5. N 12°33'58" E, a distance of 413.82 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for an angle point,
6. N 12°27'56" E, a distance of 448.13 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for a re-entrant
corner, and
7. N 73°20'14" E, a distance of 4.89 feet to a calculated point for
an angle point in the east line of the said 324.250 acre tract, same
being the southwest corner of the said 5.207 acre tract, from which
a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set
for an angle point in a south line of the said 5.207 acre tract bears
N 73°20'14" E, a distance of 708.44 feet;
THENCE with the east and west lines of the said 324.250 acre
tract, with the northwest and northeast lines of the said 5.207 acre
tract, with a northwest and northeast line of the tract described
herein, the following eight (8) courses and distances:
1. N 27°58'58" E, at a distance of 0.42 feet, passing a 1/2-inch
iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found, and
continuing for a total distance of 4.93 feet to a 1/2-inch iron rod
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
point of the tract described herein,
2. N 45°36'55" E, a distance of 316.61 feet to a 1/2-inch iron rod
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
point,
3. N 43°07'49" E, a distance of 67.72 feet to a 1/2-inch iron rod
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
point,
4. N 60°11'22" E, a distance of 72.39 feet to a 1/2-inch iron rod
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
point,
5. N 54°50'52" E, a distance of 110.19 feet to a 1/2-inch iron rod
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
point,
6. N 44°44'47" E, a distance of 259.46 feet to a 1/2-inch iron rod
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
point,
7. N 47°53'10" E, a distance of 93.75 feet to a 1/2-inch iron rod
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
point, and
8. S 47°15'44" E, a distance of 538.63 feet to a to a 1/2-inch iron
rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at a
southwest corner of the said 324.250 acre tract, same being the
southeast corner of the said 5.207 acre tract, for an angle point in
the north line of the tract described herein;
THENCE N 82°22'26" E, with a south line of the said 324.250
acre tract, with the north line of the tract described herein, a
distance of 129.85 feet to a 1/2-inch iron rod with a plastic cap
stamped "CHAPARRAL BOUNDARY" found at the west corner of a certain
called 2.581 acre tract designated as Tract 4 and described in the
said deed to Lennar Homes of Texas Land and Construction of record
in Instrument No. 16029226, Official Public Records of Hays County,
Texas, for an angle point in the north line of the tract described
herein;
THENCE leaving a south line of the said 324.250 acre tract,
with the west and east lines of the said 2.581 acre tract, with a
northeast and northwest line of the tract described herein, the
following two (2) courses and distances:
1. S 47°15'44" E, a distance of 607.02 feet to a 1/2-inch iron rod
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at the south
corner of the said 2.581 acre tract, for an angle point in the north
line of the tract described herein, and
2. N 03°42'33" E, a distance of 476.77 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for the easterly
southeast corner of the said 324.250 acre tract and the east corner
of the said 2.581 acre tract, for a point-of-curvature in a west
line of the tract described herein;
THENCE with an east line of the said 324.250 acre tract, with
the west line of the tract described herein, with the arc of a curve
to the left, having a radius of 2,264.79 feet, an arc distance of
606.17 feet, and a chord which bears N 06°03'20" W, a distance of
604.37 feet to a calculated point for the northerly northwest
corner of the tract described herein, from which a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for a
point-of-tangency in an east line of the said 324.250 acre tract
bears with the arc of a curve to the left, having a radius of
2,264.79 feet, an arc distance of 309.28 feet, and a chord which
bears N 17°38'07" W, a distance of 309.04 feet;
THENCE N 79°43'41" E, crossing the said 983.99 acre tract,
with a north line of the tract described herein, a distance of
480.94 feet to a calculated point in the west line of a certain
called 0.934 acre tract, designated as Parcel 1 and described in the
deed to the City of Kyle, Texas of record in Volume 4122, Page 86,
Official Public Records of Hays County, Texas, being west
right-of-way line of Kyle Parkway (F.M. 1626) a variable width
right-of-way, for the northeast corner of tract described herein,
from which a Texas Department of Transportation (TxDOT) Type 2
right-of-way monument (brass disk in concrete) found at a
point-of-tangency in the west right-of-way line of said Kyle
Parkway and the west line of the said 0.934 acre tract bears with
the arc of a curve to the left, having a radius of 2,744.79 feet, an
arc distance of 404.05 feet, and a chord which bears N 17°19'37" W, a
distance of 403.69 feet;
THENCE with the west right-of-way line of said Kyle Parkway,
with the west line of the said 0.934 acre tract, with the east line
of the tract described herein, the following three (3) courses and
distances:
1. with the arc of a curve to the right, having a radius of
2,744.79 feet, an arc distance of 805.93 feet, and a chord which
bears S 04°41'53" E, a distance of 803.04 feet to a Texas Department
of Transportation (TxDOT) Type 2 right-of-way monument (brass disk
in concrete) found at a point-of-tangency,
2. S 03°42'13" W, a distance of 553.75 feet to a Texas Department of
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
concrete) found at an angle point, and
3. S 00°31'13" E, a distance of 269.62 feet to a calculated point in
the west right-of-way line of said Kyle Parkway, same being the west
line of a certain called 28.91 acre tract described in the
dedication of public right-of-way to the City of Kyle, Texas of
record in Volume 4122, Page 67, Official Public Records of Hays
County, Texas, for the south corner of the said 0.934 acre tract,
for an angle point in the east line of the tract described herein,
from which a Texas Department of Transportation (TxDOT) Type 2
right-of-way monument (brass disk in concrete) found bears S 00°31'
E, a distance of 1.58 feet;
THENCE with the west right-of-way line of said Kyle Parkway,
with the west line of the said 28.91 acre tract, with the east line
of the tract described herein, the following three (3) courses and
distances:
1. S 03°42'29" W, a distance of 1,102.95 feet to a Texas Department
of Transportation (TxDOT) Type 2 right-of-way monument (brass disk
in concrete) found at a point-of-curvature,
2. with the arc of a curve to the left, having a radius of 2,964.78
feet, an arc distance of 381.54 feet, and a chord which bears S
00°01'17" W, a distance of 381.27 feet to a Texas Department of
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
concrete) found at a point-of-tangency, and
3. S 03°39'40" E, a distance of 61.49 feet to a calculated point for
the easterly southeast corner of the tract described herein, same
being the northeast corner of a certain called 4.857 acre tract
described in the deed to Plum Creek Development Partners, Ltd. of
record in Volume 3337, Page 390, Official Public Records of Hays
County, Texas, from which a Texas Department of Transportation
(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found
at an angle point in the west right-of-way line of said Kyle Parkway
and the west line of the said 28.91 acre tract, and the east line of
the said 4.857 acre tract, bears S 03°39'40" E, a distance of 286.04
feet;
THENCE leaving the west right-of-way line of said Kyle
Parkway, crossing the said 983.99 acre tract, with the north line of
the said 4.857 acre tract, with a south line of the tract described
herein, the following four (4) courses and distances:
1. S 88°50'25" W, a distance of 124.99 feet to a calculated angle
point,
2. N 82°24'53" W, a distance of 131.55 feet to a calculated angle
point,
3. N 23°54'05" W, a distance of 85.73 feet to a calculated angle
point, and
4. N 53°55'11" W, a distance of 100.89 feet to a calculated point in
the southeast line of a certain called 1.2623 acre tract described
in the deed to Hays Consolidated Independent School District of
record in Volume 2029, Page 668, Official Public Records of Hays
County, Texas, for the north corner of the said 4.857 acre tract,
for a southwest corner of the tract described herein, from which a
1/2-inch iron rod with a plastic cap stamped "BCG" previously set
for an angle point in the south line of the said 1.2623 acre tract
and the north line of the said 4.857 acre tract bears S 58°53'16" W,
a distance of 127.50 feet;
THENCE with the east, north, and west lines of the said 1.2623
acre tract, with the west, south, and east lines of the tract
described herein, the following five (5) courses and distances:
1. N 58°53'16" E, a distance of 29.92 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for an angle point,
2. N 01°06'44" W, a distance of 172.58 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for an angle point,
3. N 61°06'44" W, a distance of 157.42 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for an angle point,
4. S 88°53'16" W, a distance of 62.13 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for the northwest
corner of the said 1.2623 acre tract, for a re-entrant corner of the
tract described herein, and
5. S 01°06'44" E, a distance of 69.54 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set in the west line of
the said 1.2623 acre tract, for the northeast corner of a certain
called 0.0606 acre tract described in the deed to Hays Consolidated
Independent School District of record in Volume 2857, Page 753,
Official Public Records of Hays County, Texas, for a southeast
corner of the tract described herein;
THENCE S 88°53'16" W, with the north line of the said 0.0606
acre tract, with the south line of the tract described herein, a
distance of 15.00 feet to a 1/2-inch iron rod with a plastic cap
stamped "LAI" previously set for the northwest corner of the said
0.0606 acre tract and the northeast corner of a certain called 10.00
acre tract described in the deed to Hays Consolidated Independent
School District of record in Volume 2029, Page 661, Official Public
Records of Hays County, Texas, for a point-on-line in the south line
of the tract described herein;
THENCE S 88°50'25" W, with the north line of the said 10.00
acre tract, with the south line of the tract described herein, a
distance of 465.45 feet to a 1/2-inch iron rod with a plastic cap
stamped "LAI" previously set for the northern northwest corner of
the said 10.00 acre tract, same being a point in the east line of a
certain called 11.375 acre tract described in the deed to Plum Creek
Development Partners, Ltd. of record in Volume 3311, Page 508,
Official Public Records of Hays County, Texas, for a southwest
corner of the tract described herein;
THENCE with the east, north and west lines of the said 11.375
acre tract, and the west, south and east lines of the tract
described herein, the following five (5) courses and distances:
1. N 00°32'48" W, a distance of 69.99 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for the northeast
corner of the said 11.375 acre tract, for a re-entrant corner of the
tract described herein,
2. S 88°50'25" W, a distance of 360.00 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for the northern
northwest corner of the said 11.375 acre tract , for a re-entrant
corner of the tract described herein,
3. S 01°09'35" E, a distance of 70.00 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for a re-entrant
corner of the said 11.375 acre tract, for a southeast corner of the
tract described herein,
4. S 88°50'25" W, a distance of 563.86 feet to a 1/2-inch iron rod
with a plastic cap stamped "LAI" previously set for the western
northwest corner of the said 11.375 acre tract, for a re-entrant
corner of the tract described herein, and
5. S 00°44'56" E, a distance of 230.40 feet to a 1/2-inch iron rod
found in the west line of the said 11.375 acre tract, at the
intersection of the north right-of-way line of Doherty, a 70-foot
right-of-way, and the west right-of-way line of Benner, a 70-foot
right-of-way, as shown on the Plum Creek Phase II, Section 1A
subdivision plat of record in Cabinet 14, Pages 225-226, Plat
Records of Hays County, Texas, for a point in the east line of the
tract described herein;
THENCE S 00°44'56" E, with the west right-of-way line of said
Benner, with an east line of the tract described herein, a distance
of 447.86 feet to the POINT OF BEGINNING and containing 133.892
acres of land more or less.
BEARING BASIS: Texas Coordinate System, South Central Zone,
NAD83, Grid.
TRACT 7
DESCRIPTION OF 31.441 ACRES LAND IN THE M.M. MCCARVER SURVEY
NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A
CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND
DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF
RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS
COUNTY, TEXAS; SAID 31.441 ACRES OF LAND AS SURVEYED BY BOWMAN
CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
"BCG" previously set in the north line of the said 983.99 acre tract
and the south line of a certain tract of land described in the deed
to Texas-Lehigh Cement Company of record in Volume 609, Page 843,
Real Property Records of Hays County, Texas, for the northeast
corner of a certain called 324.250 acre tract designated as Tract 1
and described in the deed to Lennar Homes of Texas Land and
Construction of record in Instrument No. 16029226, Official Public
Records of Hays County, Texas, for the northwest corner and POINT OF
BEGINNING of the tract described herein;
THENCE N 88°09'34" E, with the north line of the said 983.99
acre tract and the south line of the said Texas-Lehigh tract, with
the north line of the tract described herein, at a distance of 39.77
feet, passing a 1-1/2-inch (I.D.) iron pipe found 0.99 feet north of
line, at a distance of 198.91 feet, passing a 1/2-inch iron rod
found 0.45 feet north of line, and continuing for a total distance
of 475.14 feet to a calculated point in the west line of a certain
called 0.392 acre tract designated as Parcel 3 and described in the
deed to the City of Kyle, Texas of record in Volume 4122, Page 86,
Official Public Records of Hays County, Texas, being the west
right-of-way line of Kyle Parkway (F.M. 1626), a variable-width
right-of-way, for the northerly northeast corner of the tract
described herein, from which a Texas Department of Transportation
(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found
bears N 09°30' W, a distance of 0.12 feet;
THENCE crossing the said 983.99 acre tract, with the west
right-of-way line of said Kyle Parkway and the west line of the said
0.392 acre tract, with the east line of the tract described herein,
the following two (2) courses and distances:
1. with the arc of a curve to the left, having a radius of 2,744.79
feet, an arc distance of 572.70 feet, and a chord which bears S
08°20'37" E, a distance of 571.66 feet to a Texas Department of
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
concrete) found at a point-of-tangency, and
2. S 22°18'28" E, a distance of 224.36 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set in the west
right-of-way line of said Kyle Parkway, same being the west line of
a certain called 28.91 acre tract described in the dedication of
public right-of-way to the City of Kyle, Texas of record in Volume
4122, Page 67, Official Public Records of Hays County, Texas, for
the south corner of the said 0.392 acre tract, for a
point-of-curvature in the east line of the tract described herein,
from which a Texas Department of Transportation (TxDOT) Type 2
right-of-way monument (brass disk in concrete) found bears S 22°47'
E, a distance of 2.10 feet;
THENCE continuing across the said 983.99 acre tract, with the
curving west right-of-way line of said Kyle Parkway, with the west
line of the said 28.91 acre tract, with the east line of the tract
described herein, with the arc of a curve to the left, having a
radius of 2964.79 feet, an arc distance of 150.32 feet, and a chord
which bears S 19°33'47" E, a distance of 150.30 feet to a 1/2-inch
iron rod with a plastic cap stamped "BCG" previously set for the
north corner of a certain called 0.092 acre tract designated as
Parcel 2 and described in the deed to the City of Kyle, Texas of
record in Volume 4122, Page 86, Official Public Records of Hays
County, Texas, for a point-of-tangency in the east line of the tract
described herein, from which a Texas Department of Transportation
(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found
bears N 17°58' W, a distance of 3.48 feet;
THENCE continuing across the said 983.99 acre tract, leaving
the west line of the said 28.91 acre tract, with the west
right-of-way line of said Kyle Parkway, with the west and south
lines of the said 0.092 acre tract, and with the east line of the
tract described herein, the following three (3) courses and
distances:
1. S 17°54'50" E, a distance of 141.47 feet to a Texas Department of
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
concrete) found at an angle point,
2. S 21°31'34" E, a distance of 379.00 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for the southwest
corner of the said 0.092 acre tract, for a re-entrant corner in the
east line of the tract described herein, and
3. N 68°27'09" E, a distance of 8.98 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set in the west line of
the said 28.91 acre tract, for the southeast corner of the said
0.092 acre tract, for the easterly northeast corner of the tract
described herein;
THENCE S 21°32'51" E, continuing across the said 983.99 acre
tract, with the west right-of-way line of said Kyle Parkway, with
the west line of the said 28.91 acre tract, with the east line of the
tract described herein, a distance of 602.34 feet to a 1/2-inch iron
rod with a plastic cap stamped "BCG" previously set for the north
corner of a certain called 0.934 acre tract designated as Parcel 1
and described in the deed to the City of Kyle, Texas of record in
Volume 4122, Page 86, Official Public Records of Hays County,
Texas, for an angle point in the east line of the tract described
herein, from which a Texas Department of Transportation (TxDOT)
Type 2 right-of-way monument (brass disk in concrete) found bears N
17°43" W, a distance of 3.69 feet;
THENCE continuing across the said 983.99 acre tract, with the
west right-of-way line of said Kyle Parkway, with the west line of
the said 0.934 acre tract, with the east line of the tract described
herein, the following two (2) courses and distances:
1. S 17°44'17" E, a distance of 296.83 feet to a Texas Department of
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
concrete) found at a point-of-curvature, and
2. with the arc of a curve to the right, having a radius of
2,744.79 feet, an arc distance of 404.05 feet, and a chord which
bears S 17°19'37" E, a distance of 403.69 feet to a calculated point,
for the southeast corner of the tract described herein, from which a
Texas Department of Transportation (TxDOT) Type 2 right-of-way
monument (brass disk in concrete) found at a point-of-tangency in
the west right-of-way line of said Kyle Parkway and the west line of
the said 0.934 acre tract bears with the arc of a curve to the right,
having a radius of 2,744.79 feet, an arc distance of 805.93 feet,
and a chord which bears S 04°41'53" E, a distance of 803.04 feet;
THENCE S 79°43'41" W, leaving the west right-of-way line of
said Kyle Parkway, continuing across the said 983.99 acre tract,
with the south line of the tract described herein, a distance of
480.94 feet to a calculated point in the curving east line of the
said 324.250 acre tract for the southwest corner of the tract
described herein, from which a 1/2-inch iron rod with a plastic cap
stamped "BCG" previously set for the easterly southeast corner of
the said 324.250 acre tract and the northeast corner of a certain
called 2.581 acre tract designated as Tract 4 and described in the
said deed to Lennar Homes of Texas Land and Construction of record
in Instrument No. 16029226, Official Public Records of Hays County,
Texas, bears with the arc of a curve to the right, having a radius of
2,264.79 feet, an arc distance of 606.17 feet, and a chord which
bears S 06°03'20" E, a distance of 604.37 feet;
THENCE continuing across the said 983.99 acre tract, with the
east line of the said 324.250 acre tract, with the west line of the
tract described herein, the following three (3) courses and
distances:
1. with the arc of a curve to the left, having a radius of 2,264.79
feet, an arc distance of 309.28 feet, and a chord which bears N
17°38'07" W, a distance of 309.04 feet to a 1/2-inch iron rod
previously set for a point-of-tangency,
2. N 21°32'51" W, a distance of 1,391.43 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set for a
point-of-curvature, and
3. with the arc of a curve to the right, having a radius of
3,464.79 feet, an arc distance of 1,139.26 feet and a chord which
bears N 12°07'40" W, a distance of 1,134.13 feet to the POINT OF
BEGINNING and containing 31.441 acres of land more or less.
BEARING BASIS: Texas Coordinate System, South Central Zone,
NAD83, Grid.
TRACT 8
DESCRIPTION OF 8.148 ACRES OF LAND IN THE JOHN COOPER SURVEY
NO. 13, A-100 AND THE JESSE DAY SURVEY, A-152, HAYS COUNTY, TEXAS;
BEING A PORTION OF THE REMAINDER OF A CERTAIN 849.267 ACRE TRACT
DESCRIBED IN THE DEED TO WILLIAM NEGLEY, LIFE TENANT OF RECORD IN
VOLUME 322, PAGE 589, DEED RECORDS OF HAYS COUNTY, TEXAS, AND ALSO
IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2047, PAGE
133, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING A
PORTION OF THE REMAINDER OF THAT CERTAIN CALLED 190.110 ACRE TRACT
DESIGNATED AS TRACT II, PARCEL 2, AND DESCRIBED IN THE SUBSTITUTE
TRUSTEE'S DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF RECORD
IN VOLUME 4072, PAGE 566, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY,
TEXAS; SAID 8.148 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING
GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
"BCG" previously set in the south right-of-way line of Kohler's
Crossing (County Road 171), a variable width right-of-way, in the
south line of a certain called 1.252 acre tract designated as Parcel
2, Tract 1, and described in a deed to the City of Kyle, Texas, of
record in Volume 3218, Page 838, Official Public Records of Hays
County, Texas, for the northeast corner of Lot 2, Block A, Plum
Creek Phase I, Section 12A, a subdivision according to the plat of
record in Cabinet 17, Pages 321.322, Plat Records of Hays County,
Texas, for the northwest corner and POINT OF BEGINNING of the tract
described herein;
THENCE N 88°49'05" E, with the south right-of-way line of said
Kohler's Crossing (County Road 171), with the south line of the said
1.252 acre tract, with the north line of the tract described herein,
at a distance of 296.70 feet passing a 1/2-inch iron rod with a
plastic cap stamped "Loomis" previously set for a point-on-line in
the north line of the tract described herein, at a distance of
416.70 feet passing a 1/2-inch iron rod with a plastic cap stamped
"Loomis" previously set for a point-on-line in the north line of the
tract described herein, and continuing for a total distance of
776.42 feet to a 1/2-inch iron rod with a plastic cap stamped
"Loomis" previously set at the intersection of the south
right-of-way line of said Kohler's Crossing (County Road 171) and
the west right-of-way line of Cromwell Drive, a variable width
right-of-way, as shown on the Plum Creek Phase I, Section 11J
subdivision plat of record in Cabinet 17, Pages 42-43, Plat Records
of Hays County, Texas, for the northwest corner of a certain called
1.555 acre tract designated as Tract 1 and described in the deed to
Plum Creek Development Partners, Ltd. of record in Volume 4576,
Page 617, Official Public Records of Hays County, Texas, for a point
of curvature in the north line of the tract described herein;
THENCE with the west right-of-way line of said Cromwell
Drive, with the west line of the said 1.555 acre tract designated as
Tract 1, with the east line of the tract described herein, the
following four (4) courses and distances:
1. with the arc of a curve to the right, having a radius of 30.00
feet, an arc distance of 47.12 feet, and a chord bearing S 46°10'55"
E, a distance of 42.43 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-tangency,
2. S 01°10'55" E, a distance of 363.92 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set for a
point-of-curvature,
3. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 21.03 feet, and a chord bearing S 22°54'47"
W, a distance of 20.41 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point of reverse curvature,
and
4. with the arc of a curve to the left, having a radius of 65.00
feet, an arc distance of 49.61 feet, and a chord bearing S 25°08'40"
W, a distance of 48.41 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for the northeast corner of Lot 1,
Block A, said Plum Creek Phase I, Section 11J, for the southeast
corner of the tract described herein;
THENCE S 88°49'05" W, leaving the west right-of-way line of
said Cromwell Drive, with the north line of said Lot 1, Block A,
Plum Creek Phase I, Section 11J, with a north line of the said 1.555
acre tract designated as Tract 1, with the south line of the tract
described herein, a distance of 53.72 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set in the east line
of the said 190.110 acre tract, for the west corner of the said
1.555 acre tract designated as Tract 1, for a point-on-line in the
south line of the tract described herein;
THENCE S 88°49'05" W, crossing the said 190.110 acre tract,
with the north line of said Lot 1, Block A, Plum Creek Phase I,
Section 11J, with the south line of the tract described herein, a
distance of 597.17 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a northwest corner of said Lot
1, Block A, Plum Creek Phase I, Section 11J, for the southerly
southwest corner of the tract described herein;
THENCE N 01°10'55" W, crossing the said 190.110 acre tract,
with the west line of the tract described herein, a distance of
91.87 feet to a 1/2-inch iron rod with a plastic cap stamped
"Loomis" previously set in the north line of the said 190.110 acre
tract, for a re-entrant corner of the tract described herein;
THENCE S 88°50'02" W, with the north line of the said 190.110
acre tract, with the south line of the tract described herein, a
distance of 125.72 feet to a mag-nail previously set, for the
westerly southwest corner of the tract described herein;
THENCE N 01°10'55" W, crossing the remainder of the said
849.267 acre tract, with the west line of the tract described
herein, at a distance of 71.80 feet passing a mag-nail previously
set for the southeast corner of said Lot 2, Block A, Plum Creek
Phase I, Section 12A, and continuing with the east line of said Lot
2, Block A, Plum Creek Phase I, Section 12A for a total distance of
364.03 feet to the POINT OF BEGINNING and containing 8.148 acres of
land, more or less.
BEARING BASIS: Texas Coordinate System, South Central Zone,
NAD83, Grid.
TRACT 9
DESCRIPTION OF 15.017 ACRES OF LAND IN THE JESSE DAY SURVEY,
A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF THE REMAINDER OF A
CERTAIN 849.267 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM NEGLEY,
LIFE TENANT OF RECORD IN VOLUME 322, PAGE 589, DEED RECORDS OF HAYS
COUNTY, TEXAS, AND ALSO IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD
IN VOLUME 2047, PAGE 133, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY,
TEXAS, A PORTION OF THE REMAINDER OF THAT CERTAIN CALLED 190.110
ACRE TRACT DESIGNATED AS TRACT II, PARCEL 2, AND DESCRIBED IN THE
SUBSTITUTE TRUSTEE'S DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD.
OF RECORD IN VOLUME 4072, PAGE 566, OFFICIAL PUBLIC RECORDS OF HAYS
COUNTY, TEXAS, A PORTION OF THAT CERTAIN CALLED 1.211 ACRE TRACT
DESIGNATED AS TRACT 1-M AND DESCRIBED IN THE DEED TO PLUM CREEK
DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 2126, PAGE 504,
OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING A PORTION
OF A CERTAIN CALLED 5.329 ACRE TRACT DESIGNATED AS PARCEL 4 AND
DESCRIBED IN THE DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF
RECORD IN VOLUME 2881, PAGE 599, OFFICIAL PUBLIC RECORDS OF HAYS
COUNTY, TEXAS; SAID 15.017 ACRES OF LAND AS SURVEYED BY BOWMAN
CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
"Loomis" previously set at the intersection of the south
right-of-way line of Vaughn, a 70 foot wide right-of-way, as shown
on the Plum Creek Phase I, Section 11J subdivision plat of record in
Cabinet 17, Pages 42-43, Plat Records of Hays County, Texas and the
west right-of-way line of Kyle Parkway (F.M. 1626), in the west line
of a certain called 22.83 acre tract described in the deed to the
City of Kyle, Texas, of record in Volume 1871, Page 232, Official
Public Records of Hays County, Texas, and corrected in Volume 1904,
Page 813, Official Public Records of Hays County, Texas, same being
the 22.83 acres described in the dedication of public right-of-way
of record in Volume 4122, Page 67, Official Public Records of Hays
County, Texas, for the southeast corner of a certain called 0.800
acre tract designated as Tract 2 and described in the deed to Plum
Creek Development Partners, Ltd. of record in Volume 4576, Page
617, Official Public Records of Hays County, Texas, for a
point-of-tangency in the east line and POINT OF BEGINNING of the
tract described herein;
THENCE S 03°39'58'' E, with the west right-of-way line of said
Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre
tract, with the east line of the tract described herein, a distance
of 932.34 feet to a 1/2-inch iron rod with a plastic cap stamped
"BCG" previously set for the northeast corner of that 2.173 acre
tract described in the deed to L & N Group, Inc, in the deed of
record in Volume 5098, Page 500, Official Public Records of Hays
County, Texas, for the eastern southeast corner of the tract
described herein, from which a 1/2-inch iron rod with a plastic cap
stamped "LAI" previously set at the southeast corner of the said
2.173 acre tract, being the intersection of the west right-of-way
line of said Kyle Parkway (F.M. 1626) and the north right-of-way
line of Dorman Lane, an 80-foot right-of-way as shown on the Plum
Creek Phase I, Section 11A Replat of record in Cabinet 15, Pages
80-81, Plat Records of Hays County, Texas bears S 03°39'58'' E a
distance of 298.72 feet;
THENCE leaving the west right-of-way line of said Kyle
Parkway (F.M. 1626) and crossing the said 849.267 acre tract with
north and west lines of the said 2.173 acre tract being the south
and east lines of the tract described herein, the following three
(3) courses and distances:
1. S 86°20'05'' W a distance of 275.88 feet to a 1/2-inch iron rod
stamped "BCG" previously set for the northwest corner of the said
2.173 acre tract and a re-entrant corner of the tract described
herein,
2. S 03°04'03'' E a distance of 326.54 feet to a 1/2-inch iron rod
stamped "BCG" previously set for a point-of-curvature, and
3. with the arc of a curve to the left, having a radius of 24.50
feet, an arc distance of 15.47 feet, and a chord bearing S 21°11'51''
E, a distance of 15.21 feet to a 1/2-inch iron rod stamped "BCG"
previously set in the north right-of-way line of said Dorman Lane,
for the southwest corner of the said 2.173 acre tract, and the
southerly southeast corner of the tract described herein;
THENCE S 87°00'20'' W with the north right-of-way line of said
Dorman Lane a distance of 178.89 feet to a 1/2-inch iron rod with a
plastic cap stamped "Loomis" previously set for a
point-of-curvature in the north line of the said 5.329 acre tract;
THENCE crossing the said 5.329 acre tract, with the north
right-of-way line of said Dorman Lane, with the south line of the
tract described herein, and with the east right-of-way line of
Cromwell Drive, a variable-width right-of-way, as shown on the said
Plum Creek Phase I, Section 11A Replat, and with the east line of
the tract described herein, the following four (4) courses and
distances:
1. S 87°00'20" W, a distance of 80.00 feet to a 1/2-inch iron rod
with a plastic cap stamped "Rangerland Surveying" found at a
point-of-curvature in the north right-of-way line of said Dorman
Lane,
2. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 21.58 feet, and a chord bearing N 68°15'55"
W, a distance of 20.92 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-reverse curvature,
3. with the arc of a curve to the left, having a radius of 75.00
feet, an arc distance of 21.06 feet, and a chord bearing N 51°34'54"
W, a distance of 20.99 feet to a 1/2-inch iron rod with a plastic cap
stamped "Rangerland Surveying" found at a point-of-reverse
curvature, and
4. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 4.57 feet, and a chord bearing N 54°23'28"
W, a distance of 4.56 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set in the west line of the said 5.329
acre tract and the east right-of-way line of said Cromwell Drive;
THENCE with the curving east right-of-way line of said
Cromwell Drive, with the arc of a curve to the right, having a
radius of 25.00 feet, an arc distance of 20.14 feet, and a chord
bearing N 26°04'29" W, a distance of 19.60 feet to a 1/2-inch iron
rod with a plastic cap stamped "BCG" previously set at the northeast
terminus of said Cromwell Drive, as shown on the said Plum Creek
Phase 1, Section 11A Replat;
THENCE crossing the remainder of the said 849.267 acre tract,
with the west line of the tract described herein, the following ten
(10) courses and distances:
1. N 02°59'40" W, a distance of 320.00 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set;
2. N 02°59'40" W, a distance of 268.15 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set for a
point-of-curvature,
3. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 22.83 feet, and a chord bearing N 23°10'14"
E, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-reverse curvature,
4. with the arc of a curve to the left, having a radius of 65.00
feet, an arc distance of 21.84 feet, and a chord bearing N 39°42'34"
E, a distance of 21.74 feet to a 1/2-inch iron rod with a plastic cap
stamped "BCG" previously set for a point-of-reverse curvature,
5. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 24.54 feet, and a chord bearing N 58°12'31"
E, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a re-entrant corner,
6. N 03°39'58" W, a distance of 50.00 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set for a point of
non-tangent curvature,
7. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 24.54 feet, and a chord bearing N 65°32'26"
W, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap
stamped "BCG" previously set for a point-of-reverse curvature,
8. with the arc of a curve to the left, having a radius of 65.00
feet, an arc distance of 23.64 feet, and a chord bearing N 47°50'00"
W, a distance of 23.51 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-reverse curvature,
9. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 22.83 feet, and a chord bearing N 32°05'12"
W, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-tangency, and
10. N 05°55'18" W, a distance of 84.76 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set in the southeast
line of the said 190.110 acre tract and the south line of the said
1.211 acre tract, for a point in the west line of the tract
described herein;
THENCE N 05°55'18" W, crossing the said 190.110 acre tract and
the said 1.211 acre tract, with the west line of the tract described
herein, a distance of 109.37 feet to a 1/2-inch iron rod with a
plastic cap stamped "Loomis" previously set in the northwest line
of the said 1.211 acre tract, for a point-on-line in the west line
of the tract described herein;
THENCE N 05°55'18" W, continuing across the said 190.110 acre
tract, with the west line of the tract describe herein, a distance
of 283.18 feet to a 1/2-inch iron rod with a plastic cap stamped
"Loomis" previously set for the southeast terminus of Cromwell
Drive, as shown on the said Plum Creek Phase I, Section 11J
subdivision plat, for a point-of-curvature in the west line of the
tract described herein;
THENCE with the east right-of-way line of said Cromwell
Drive, with the west line of the tract described herein, and with
the south right-of-way line of said Vaughn and the north line of the
tract described herein, the following four (4) courses and
distances:
1. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 24.71 feet, and a chord bearing N 22°23'41''
E, a distance of 23.72 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point of reverse curvature,
2. with the arc of a curve to the left, having a radius of 75.00
feet, an arc distance of 22.92, and a chord bearing N 41°57'27'' E, a
distance of 22.83 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point of reverse curvature,
3. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 23.18 feet, and a chord bearing N 59°46'08''
E, a distance of 22.36 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-tangency, and
4. N 86°20'02'' E, a distance of 50.00 feet to a 1/2-inch iron rod
with a plastic cap stamped "BCG" previously set in the west line of
the said 1.211 acre tract, for a point in the north line of the tract
described herein;
THENCE N 86°20'02" E, crossing the said 1.211 acre tract, with
the south right-of-way line of said Vaughn, a distance of 17.26 feet
to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously
set in the east line of the said 1.211 acre tract, for the southwest
corner of the said 0.800 acre tract, for a point in the north line of
the tract described herein;
THENCE with the south right-of-way line of said Vaughn, with
the north line of the tract described herein, the following two (2)
courses and distances:
1. N 86°20'02'' E, a distance of 448.95 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set for a
point-of-curvature, and
2. with the arc of a curve to the right, having a radius of 30.00
feet, an arc distance of 47.12 feet, and a chord bearing S 48°39'58''
E, a distance of 42.43 feet to the POINT OF BEGINNING and containing
15.017 acres of land, more or less.
BEARING BASIS: Texas Coordinate System, South Central Zone,
NAD83, Grid.
TRACT 10
DESCRIPTION OF 15.757 ACRES OF LAND IN THE JOHN COOPER SURVEY
NO. 13, A-100, THE JESSE DAY SURVEY, A-152, AND THE JESSE DAY
SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF THE REMAINDER
OF A CERTAIN 849.267 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM
NEGLEY, LIFE TENANT OF RECORD IN VOLUME 322, PAGE 589, DEED RECORDS
OF HAYS COUNTY, TEXAS, AND ALSO IN THE DEED TO MOUNTAIN PLUM, LTD.
OF RECORD IN VOLUME 2047, PAGE 133, OFFICIAL PUBLIC RECORDS OF HAYS
COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF THAT CERTAIN
CALLED 190.110 ACRE TRACT DESIGNATED AS TRACT II, PARCEL 2, AND
DESCRIBED IN THE SUBSTITUTE TRUSTEE'S DEED TO PLUM CREEK
DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 4072, PAGE 566,
OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 15.757 ACRES OF
LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
"Loomis" previously set in the south line of a certain called 1.252
acre tract designated as Parcel 2, Tract 1, and described in a deed
to the City of Kyle, Texas, of record in Volume 3218, Page 838,
Official Public Records of Hays County, Texas, at the intersection
of the south right-of-way line of Kohler's Crossing (County Road
171), a variable width right-of-way, and the east right-of-way line
of Cromwell Drive, a variable width right-of-way, as shown on the
Plum Creek Phase I, Section 11J subdivision plat of record in
Cabinet 17, Pages 42-43, Plat Records of Hays County, Texas, for the
northeast corner of a certain called 1.555 acre tract designated as
Tract 1 and described in the deed to Plum Creek Development
Partners, Ltd. of record in Volume 4576, Page 617, Official Public
Records of Hays County, Texas, for a point-of-tangency in the north
line and POINT OF BEGINNING of the tract described herein;
THENCE N 88°49'05'' E, leaving the east right-of-way line of
said Cromwell Drive, with the south right-of-way line of said
Kohler's Crossing (County Road 171), with the south line of the said
1.252 acre tract, and with the north line of the tract described
herein, a distance of 551.66 feet to a 1/2-inch iron rod with a
plastic cap stamped "LAI" previously set at the intersection of the
south right-of-way line of said Kohler's Crossing (County Road 171)
with the west right-of-way line of Kyle Parkway (F.M. 1626) in the
west line of a certain called 22.83 acre tract described in the deed
to the City of Kyle, Texas, of record in Volume 1871, Page 232,
Official Public Records of Hays County, Texas, and corrected in
Volume 1904, Page 813, Official Public Records of Hays County,
Texas, same being the 22.83 acres described in the dedication of
public right-of-way of record in Volume 4122, Page 67, Official
Public Records of Hays County, Texas, for the southeast corner of
the said 1.252 acre tract and for a northeast corner of the tract
described herein;
THENCE S 46°17'09'' E, with the west right-of-way line of Kyle
Parkway (F.M. 1626) and the west line of the said 22.83 acre tract,
with the east line of the tract described herein a distance of 27.38
feet to a 1/2-inch iron rod with a plastic cap stamped "LAI"
previously set for an angle point in the west line of said Kyle
Parkway (F.M. 1626) and the west line of the said 22.83 acre tract,
for an angle point in the east line of the tract described herein;
THENCE S 03°39'58'' E, with the west right-of-way line of said
Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre
tract, with the east line of the tract described herein, at a
distance of 374.01 feet passing a 1/2-inch iron rod with a plastic
cap stamped "Loomis" previously set for a point-on-line, at a
distance of 484.01 feet passing a 1/2-inch iron rod with a plastic
cap stamped "Loomis" previously set for a point-on-line, and
continuing for a total distance of 1,069.26 feet to a 1/2-inch iron
rod with a plastic cap stamped "Loomis" previously set for the
intersection of the west right-of-way line of said Kyle Parkway
(F.M. 1626) and the north right-of-way line of Vaughn, a 70-foot
right-of-way, as shown on the said Plum Creek Phase I, Section 11J
subdivision plat, for the northeast corner of a certain called
0.800 acre tract designated as Tract 2 and described in said deed to
Plum Creek Development Partners of record in Volume 4576, Page 617,
Official Public Records of Hays County, Texas, for a
point-of-curvature in the east line of the tract described herein;
THENCE leaving the west right-of-way line of said Kyle
Parkway (F.M. 1626) and the west line of the said 22.83 acre tract,
with the curving north right-of-way line of said Vaughn, with the
north line of the said 0.800 acre tract, and with the south line of
the tract described herein, with the arc of a curve to the right,
having a radius of 30.00 feet, an arc distance of 47.12 feet, and a
chord bearing S 41°20'02'' W, a distance of 42.43 feet to a 1/2-inch
iron rod with a plastic cap stamped "Loomis" previously set for a
point-of-tangency;
THENCE S 86°20'02'' W, continuing with the north right-of-way
line of said Vaughn, with the north line of the said 0.800 acre
tract, and with the south line of the tract described herein, a
distance of 475.81 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set in the east line of the said 190.110
acre tract, for a point-on-line in the south line of the tract
described herein;
THENCE crossing the said 190.110 acre tract, with the north
right-of-way line of said Vaughn and with the south line of the
tract described herein, with the east right-of-way line of said
Cromwell Drive and with the west line of the tract described herein,
the following five (5) courses and distances:
1. S 86°20'02'' W, a distance of 40.40 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set for a
point-of-curvature,
2. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 23.18 feet, and a chord bearing N 67°06'03''
W, a distance of 22.36 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-reverse-curvature,
3. with the arc of a curve to the left, having a radius of 75.00
feet, an arc distance of 28.82 feet, and a chord bearing N 51°32'43''
W, a distance of 28.65 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-reverse-curvature,
4. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 24.71 feet, and a chord bearing N 34°14'18''
W, a distance of 23.72 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-tangency, and
5. N 05°55'18'' W, a distance of 217.01 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set in the east line
of the said 190.110 acre tract, for the south corner of the said
1.555 acre tract, for a point-on-line in the west line of the tract
described herein;
THENCE crossing the remainder of the said 849.267, with the
east right-of-way line of said Cromwell Drive, with the east line of
the said 1.555 acre tract, with the west line of the tract described
herein, the following ten (10) courses and distances:
1. N 05°55'18'' W, a distance of 349.36 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set for a
point-of-curvature,
2. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 22.83 feet, and a chord bearing N 20°14'36''
E, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-reverse-curvature,
3. with the arc of a curve to the left, having a radius of 65.00
feet, an arc distance of 15.70 feet, and a chord bearing N 39°29'16''
E, a distance of 15.66 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-reverse-curvature,
4. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 24.54 feet, and a chord bearing N 60°41'33''
E, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a re-entrant corner,
5. N 01°10'55'' W, a distance of 50.00 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set for a point of
non-tangent curvature,
6. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 24.54 feet, and a chord bearing N 63°03'23''
W, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-reverse-curvature,
7. with the arc of a curve to the left, having a radius of 65.00
feet, an arc distance of 16.38 feet, and a chord bearing N 42°09'04''
W, a distance of 16.34 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-reverse-curvature,
8. with the arc of a curve to the right, having a radius of 25.00
feet, an arc distance of 21.03 feet, and a chord bearing N 25°16'36''
W, a distance of 20.41 feet to a 1/2-inch iron rod with a plastic cap
stamped "Loomis" previously set for a point-of-tangency,
9. N 01°10'55'' W, a distance of 363.92 feet to a 1/2-inch iron rod
with a plastic cap stamped "Loomis" previously set for a
point-of-curvature, and
10. with the arc of a curve to the right, having a radius of 30.00
feet, an arc distance of 41.12 feet, and a chord bearing N 43°49'05''
E, a distance of 42.43 feet to the POINT OF BEGINNING and containing
15.757 acres of land, more or less.
BEARING BASIS: Texas Coordinate System, South Central Zone,
NAD83, Grid.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7988, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7988.107 to read as follows:
Sec. 7988.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.