Texas 2017 - 85th Regular

Texas House Bill HB4273 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R10588 GRM-F
2	2	By: Isaac H.B. No. 4273
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the North Hays County Municipal Utility
8	8	District No. 2; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7988 to read as follows:
14	14	CHAPTER 7988. NORTH HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7988.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the North Hays County Municipal
22	22	Utility District No. 2.
23	23	Sec. 7988.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7988.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7988.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 7988.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7988.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
37	37	The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7988.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7988.051. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7988.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 7988.052. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Hillary Sotello;
66	66	(2) Paul Byars;
67	67	(3) Meghan Skornia;
68	68	(4) Bailey Harrington; and
69	69	(5) Kevin Howard.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7988.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7988.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7988.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7988.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7988.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7988.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 7988.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
107	107	project must meet all applicable construction standards, zoning and
108	108	subdivision requirements, and regulations of each municipality in
109	109	whose corporate limits or extraterritorial jurisdiction the road
110	110	project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 7988.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	120	OR RESOLUTION. The district shall comply with all applicable
121	121	requirements of any ordinance or resolution that is adopted under
122	122	Section 54.016 or 54.0165, Water Code, and that consents to the
123	123	creation of the district or to the inclusion of land in the
124	124	district.
125	125	Sec. 7988.106. DIVISION OF DISTRICT. (a) The district may
126	126	be divided into two or more new districts only if:
127	127	(1) the district has no outstanding bonded debt; and
128	128	(2) the district is not imposing ad valorem taxes.
129	129	(b) This chapter applies to any new district created by the
130	130	division of the district, and a new district has all the powers and
131	131	duties of the district.
132	132	(c) Any new district created by the division of the district
133	133	may not, at the time the new district is created, contain any land
134	134	outside the area described by Section 2 of the Act creating this
135	135	chapter.
136	136	(d) The board, on its own motion or on receipt of a petition
137	137	signed by the owner or owners of a majority of the assessed value of
138	138	the real property in the district, may adopt an order dividing the
139	139	district.
140	140	(e) The board may adopt an order dividing the district
141	141	before or after the date the board holds an election under Section
142	142	7988.003 to confirm the creation of the district.
143	143	(f) An order dividing the district shall:
144	144	(1) name each new district;
145	145	(2) include the metes and bounds description of the
146	146	territory of each new district;
147	147	(3) appoint temporary directors for each new district;
148	148	and
149	149	(4) provide for the division of assets and liabilities
150	150	between or among the new districts.
151	151	(g) On or before the 30th day after the date of adoption of
152	152	an order dividing the district, the district shall file the order
153	153	with the commission and record the order in the real property
154	154	records of each county in which the district is located.
155	155	(h) Any new district created by the division of the district
156	156	shall hold a confirmation and directors' election as required by
157	157	Section 7988.003.
158	158	(i) If the creation of the new district is confirmed, the
159	159	new district shall provide the election date and results to the
160	160	commission.
161	161	(j) Any new district created by the division of the district
162	162	must hold an election as required by this chapter to obtain voter
163	163	approval before the district may impose a maintenance tax or issue
164	164	bonds payable wholly or partly from ad valorem taxes.
165	165	(k) Municipal consent to the creation of the district and to
166	166	the inclusion of land in the district granted under Section
167	167	7988.004 acts as municipal consent to the creation of any new
168	168	district created by the division of the district and to the
169	169	inclusion of land in the new district.
170	170	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171	171	Sec. 7988.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
172	172	district may issue, without an election, bonds and other
173	173	obligations secured by:
174	174	(1) revenue other than ad valorem taxes; or
175	175	(2) contract payments described by Section 7988.153.
176	176	(b) The district must hold an election in the manner
177	177	provided by Chapters 49 and 54, Water Code, to obtain voter approval
178	178	before the district may impose an ad valorem tax or issue bonds
179	179	payable from ad valorem taxes.
180	180	(c) The district may not issue bonds payable from ad valorem
181	181	taxes to finance a road project unless the issuance is approved by a
182	182	vote of a two-thirds majority of the district voters voting at an
183	183	election held for that purpose.
184	184	Sec. 7988.152. OPERATION AND MAINTENANCE TAX. (a) If
185	185	authorized at an election held under Section 7988.151, the district
186	186	may impose an operation and maintenance tax on taxable property in
187	187	the district in accordance with Section 49.107, Water Code.
188	188	(b) The board shall determine the tax rate. The rate may not
189	189	exceed the rate approved at the election.
190	190	Sec. 7988.153. CONTRACT TAXES. (a) In accordance with
191	191	Section 49.108, Water Code, the district may impose a tax other than
192	192	an operation and maintenance tax and use the revenue derived from
193	193	the tax to make payments under a contract after the provisions of
194	194	the contract have been approved by a majority of the district voters
195	195	voting at an election held for that purpose.
196	196	(b) A contract approved by the district voters may contain a
197	197	provision stating that the contract may be modified or amended by
198	198	the board without further voter approval.
199	199	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
200	200	Sec. 7988.201. AUTHORITY TO ISSUE BONDS AND OTHER
201	201	OBLIGATIONS. The district may issue bonds or other obligations
202	202	payable wholly or partly from ad valorem taxes, impact fees,
203	203	revenue, contract payments, grants, or other district money, or any
204	204	combination of those sources, to pay for any authorized district
205	205	purpose.
206	206	Sec. 7988.202. TAXES FOR BONDS. At the time the district
207	207	issues bonds payable wholly or partly from ad valorem taxes, the
208	208	board shall provide for the annual imposition of a continuing
209	209	direct ad valorem tax, without limit as to rate or amount, while all
210	210	or part of the bonds are outstanding as required and in the manner
211	211	provided by Sections 54.601 and 54.602, Water Code.
212	212	Sec. 7988.203. BONDS FOR ROAD PROJECTS. At the time of
213	213	issuance, the total principal amount of bonds or other obligations
214	214	issued or incurred to finance road projects and payable from ad
215	215	valorem taxes may not exceed one-fourth of the assessed value of the
216	216	real property in the district.
217	217	SECTION 2. The North Hays County Municipal Utility District
218	218	No. 2 initially includes all the territory contained in the
219	219	following area:
220	220	TRACT 1
221	221	DESCRIPTION OF 156.881 ACRES LAND IN THE M.M. MCCARVER SURVEY
222	222	NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A
223	223	CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND
224	224	DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF
225	225	RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS
226	226	COUNTY, TEXAS; SAID 156.881 ACRES OF LAND AS SURVEYED BY BOWMAN
227	227	CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES
228	228	AND BOUNDS AS FOLLOWS:
229	229	BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
230	230	"LAI" previously set in the west right-of-way line of that certain
231	231	Union Pacific Railroad right-of-way described in the deed to
232	232	International & Great Northern Railroad Company of record in Volume
233	233	H, Page 22, Deed Records of Hays County, Texas, in the east line of
234	234	the said 983.99 acre tract, for the northeast corner of that certain
235	235	called 0.576 acre tract designated as Tract 4 and described in the
236	236	deed to the City of Kyle, Texas of record in Volume 3220, Page 508,
237	237	Official Public Records of Hays County, Texas, being the north
238	238	right-of-way line of Kohlers Crossing, a variable-width
239	239	right-of-way, for the southerly southeast corner and POINT OF
240	240	BEGINNING of the tract described herein;
241	241	THENCE leaving the west right-of-way line of the said Union
242	242	Pacific Railroad right-of-way, with the north right-of-way line of
243	243	said Kohlers Crossing, with the north line of the said 0.576 acre
244	244	tract, and with the south line of the tract described herein, the
245	245	following two (2) courses and distances:
246	246	1. S 88°53'49" W, a distance of 1,304.72 feet to a 1/2-inch iron rod
247	247	with a plastic cap stamped "Loomis" previously set for an angle
248	248	point, and
249	249	2. S 88°49'05" W, a distance of 332.13 feet to a 1/2-inch iron rod
250	250	with a plastic cap stamped "LAI" previously set at the intersection
251	251	of the north right-of-way line of said Kohlers Crossing and the east
252	252	right-of-way line of Kyle Parkway, at the southeast corner of a
253	253	certain called 28.91 acre tract described in the dedication of
254	254	public right-of-way to the City of Kyle, Texas of record in Volume
255	255	4122, Page 67, Official Public Records of Hays County, Texas, for
256	256	the southerly southwest corner of the tract described herein;
257	257	THENCE leaving the north right-of-way line of said Kohlers
258	258	Crossing, with the east right-of-way line of said Kyle Parkway,
259	259	crossing the said 983.99 acre tract, with the east line of the said
260	260	28.91 acre tract, with the west line of the tract described herein,
261	261	the following four (4) courses and distances:
262	262	1. N 47°23'20" W, a distance of 50.34 feet to a 1/2-inch iron rod
263	263	with a plastic cap stamped "LAI" previously set for an angle point,
264	264	for the westerly southwest corner of the tract described herein,
265	265	2. N 03°39'40" W, a distance of 355.98 feet to a 1/2-inch iron rod
266	266	with a plastic cap stamped "LAI" previously set for a
267	267	point-of-curvature,
268	268	3. with the arc of a curve to the right, having a radius of
269	269	2,764.78 feet, an arc distance of 355.80 feet, and a chord which
270	270	bears N 00°01'17" E, a distance of 355.55 feet to a 1/2-inch iron rod
271	271	with a plastic cap stamped "LAI" previously set for a
272	272	point-of-tangency, and
273	273	4. N 03°42'29" E, a distance of 1,223.27 feet to a calculated point
274	274	for the south corner of a certain called 0.931 acre tract designated
275	275	as Parcel 4 and described in the deed to the City of Kyle, Texas of
276	276	record in Volume 4122, Page 86, Official Public Records of Hays
277	277	County, Texas, for an angle point in the west line of the tract
278	278	described herein, from which a Texas Department of Transportation
279	279	(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found
280	280	bears N 13°25' E, a distance of 0.38 feet;
281	281	THENCE continuing across the said 983.99 acre tract, with the
282	282	east right-of-way line of said Kyle Parkway, with the east line of
283	283	the said 0.931 acre tract, and with the west line of the tract
284	284	described herein, the following three (3) courses and distances:
285	285	1. N 08°32'06" E, a distance of 238.83 feet to a Texas Department of
286	286	Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
287	287	concrete) found at an angle point,
288	288	2. N 03°43'16" E, a distance of 464.30 feet to a Texas Department of
289	289	Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
290	290	concrete) found at a point-of-curvature, and
291	291	3. with the arc of a curve to the left, having a radius 2,984.79
292	292	feet, an arc distance of 864.55 feet, and a chord which bears N
293	293	04°35'15" W, a distance of 861.53 feet to a calculated point for the
294	294	northwest corner of the tract described herein, from which a Texas
295	295	Department of Transportation (TxDOT) Type 2 right-of-way monument
296	296	(brass disk in concrete) found at a point-of-tangency in the east
297	297	right-of-way line of said Kyle Parkway and the east line of the said
298	298	0.931 acre tract bears with the arc of a curve to the left, having a
299	299	radius of 2,984.79 feet, an arc distance of 451.18 feet, and a chord
300	300	which bears N 17°12'57" W, a distance of 450.75 feet;
301	301	THENCE leaving the east right-of-way line of said Kyle
302	302	Parkway and the east line of the said 0.931 acre tract, crossing the
303	303	said 983.99 acre tract, with the north line of the tract described
304	304	herein, the following seven (7) courses and distances:
305	305	1. N 78°54'52" E, a distance of 599.41 feet to a calculated angle
306	306	point,
307	307	2. N 84°23'20" E, a distance of 307.89 feet to a calculated angle
308	308	point,
309	309	3. N 89°38'16" E, a distance of 365.98 feet to a calculated angle
310	310	point,
311	311	4. S 79°24'43" E, a distance of 289.83 feet to a calculated angle
312	312	point,
313	313	5. S 63°16'05" E, a distance of 339.74 feet to a calculated angle
314	314	point,
315	315	6. S 70°05'41" E, a distance of 312.86 feet to a calculated angle
316	316	point, and
317	317	7. S 70°11'42" E, a distance of 218.01 feet to a calculated point in
318	318	the west right-of-way line of the said Union Pacific Railroad and
319	319	the east line of the said 983.99 acre tract, for the northeast
320	320	corner of the tract described herein, from which a 1/2-inch iron rod
321	321	found in the west right-of-way line of the said Union Pacific
322	322	Railroad at the northeast corner of the said 983.99 acre tract, at
323	323	the southeast corner of a certain called 151.960 acre tract
324	324	described in a deed to Flint Hills Resources Central Texas, LLC of
325	325	record in Document No. 2015-15008284, Official Public Records of
326	326	Hays County, Texas, bears N 13°28'48" E, a distance of 1,692.66
327	327	feet;
328	328	THENCE S 13°28'48" W, with the west right-of-way line of the
329	329	said Union Pacific Railroad and the east line of the said 983.99
330	330	acre tract, with an east line of the tract described herein, a
331	331	distance of 781.12 feet to a calculated point at the northeast
332	332	corner of that certain tract of land dedicated to the International &
333	333	Great Northern Railroad of record in Volume N, Page 428, Deed
334	334	Records of Hays County, Texas, for the southeast corner of the tract
335	335	described herein, from which a 1/2-inch iron rod found bears S
336	336	88°18' W, a distance of 0.23 feet;
337	337	THENCE with the north and west right-of-way line of the said
338	338	Union Pacific Railroad, same being the said International & Great
339	339	Northern Railroad of record in Volume N, Page 428, Deed Records of
340	340	Hays County, Texas, and a south and east line of the said 983.99
341	341	acre tract, with a south and east line of the tract described
342	342	herein, the following two (2) courses and distances:
343	343	1. S 88°17'16" W, a distance of 378.46 feet to a 1/2-inch iron rod
344	344	found at the northwest corner of the said International & Great
345	345	Northern Railroad tract, at a re-entrant corner of the said 983.99
346	346	acre tract, for a re-entrant corner of the tract described herein,
347	347	and
348	348	2. S 00°43'41" E, a distance of 1,693.36 feet to a calculated point
349	349	in the west right-of-way line of the said Union Pacific Railroad
350	350	right-of-way, at the south corner of the said International & Great
351	351	Northern Railroad tract, at an angle point in the east line of the
352	352	said 983.99 acre tract, for an angle point in the east line of the
353	353	tract described herein;
354	354	THENCE S 13°28'03" W, with the west right-of-way line of the
355	355	said Union Pacific Railroad and the east line of the said 983.99
356	356	acre tract, with the east line of the tract described herein, a
357	357	distance of 811.29 feet to the POINT OF BEGINNING and containing
358	358	156.881 acres of land, more or less.
359	359	BEARING BASIS: Texas Coordinate System, South Central Zone,
360	360	NAD83, Grid.
361	361	TRACT 2
362	362	DESCRIPTION OF 105.19 ACRES OF LAND IN THE JOHN COOPER
363	363	SURVEY NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, AND
364	364	THE JESSE DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A
365	365	PORTION OF THAT CERTAIN CALLED 185.77 ACRES OF LAND
366	366	DESIGNATED AS TRACT 4 OF EXHIBIT "A" DESCRIBED IN THE DEED TO
367	367	MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139,
368	368	OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 105.19
369	369	ACRES OF LAND, AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD.,
370	370	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
371	371	FOLLOWS:
372	372	BEGINNING at a 1/2-inch iron rod with plastic cap
373	373	stamped "LOOMIS" previously set in the south right-of-way
374	374	line of Kohlers Crossing (Hays County Road No. 171), a
375	375	varying width right-of-way, in the east line of that certain
376	376	40-foot wide tract of land described in the deed to
377	377	International and Great Northern Railroad Company of record
378	378	in Volume H, Page 25, Deed Records of Hays County, Texas,
379	379	being 20-ft east of the centerline of the railroad track, for
380	380	the southwest corner of a certain called 0.498 of one acre
381	381	tract designated as Parcel 5, Tract 1 and described in
382	382	Exhibit A in the deed to the City of Kyle, Texas of record in
383	383	Volume 3218, Page 810, Official Public Records of Hays
384	384	County, Texas, for the northwest corner and POINT OF
385	385	BEGINNING of the tract described herein;
386	386	THENCE N 88° 52' 31" E, with the south right-of-way line
387	387	of said Kohlers Crossing and the south line of the said 1.845
388	388	acre tract, with the north line of the tract described
389	389	herein, a distance of 1,117.83 feet to a 1/2-inch iron rod
390	390	with plastic cap stamped "BCG" set for the northwest corner
391	391	of Lot 1, Block A, Plum Creek Phase I, Lot 1, Block A Business
392	392	Park, a subdivision according to the plat of record in
393	393	Cabinet 14, Slides 34-35, Plat Records of Hays County, Texas,
394	394	and for the southwest corner of a certain called 0.187 of one
395	395	acre tract described in the deed to Plum Creek Development
396	396	Partners, Ltd. of record in Volume 3145, Page 369, Official
397	397	Public Records of Hays County, Texas and dedicated as
398	398	right-of-way in the said Plum Creek Phase I, Lot 1, Block A
399	399	Business Park plat, for the northerly northeast corner of the
400	400	tract described herein;
401	401	THENCE leaving the south right-of-way line of said
402	402	Kohlers Crossing, with the west and south lines of said Lot 1,
403	403	Block A, Plum Creek Phase I, Lot 1, Block A Business Park,
404	404	with the an east and north line of the tract described herein,
405	405	the following two (2) courses and distances:
406	406	1. S 01° 07' 29" E. a distance of 669.00 feet to a 1/2-inch
407	407	iron rod with plastic cap stamped "LAI" previously set for
408	408	the southwest corner of said Lot 1, Block A, Plum Creek Phase
409	409	I, Lot 1, Block A Business Park, and for a re-entrant corner
410	410	of the tract described herein, and
411	411	2. N 88° 52' 31" E, a distance of 326.00 feet to a 1/2-inch
412	412	iron rod with plastic cap stamped "LOOMIS" previously set in
413	413	the west line of a certain called 3.239 acre tract described
414	414	in the deed to Plum Creek Development Partners, LTD. of
415	415	record in Volume 3181, Page 307, Official Public Records of
416	416	Hays County, Texas, same being the west right-of-way line of
417	417	Marketplace Avenue, an 80-foot right-of-way, as shown on the
418	418	said Plum Creek Phase I, Lot 1, Block A Business Park plat,
419	419	for the southeast corner of said Lot 1, Block A, Plum Creek
420	420	Phase I, Lot 1, Block A Business Park, for the easterly
421	421	northeast corner of the tract described herein;
422	422	THENCE S 01° 07' 29" E, with the west right-of-way line
423	423	of said Marketplace Avenue and the west line of the said 3.239
424	424	acre tract, with the east line of the tract described herein,
425	425	a distance of 1,106.69 feet to a 1/2-inch iron rod with
426	426	plastic cap stamped "LAI" previously set in the south line of
427	427	the said 185.77 acre tract and the northwest line of a certain
428	428	called 126.130 acre tract designated as Tract 1 and described
429	429	in the deed to Sheldon-Tanglewood, LTD. of record in Volume
430	430	2495, Page 677, Official Public Records of Hays County,
431	431	Texas, for the easterly southeast corner of the tract
432	432	described herein;
433	433	THENCE S 46° 04' 39" W, leaving the west right-of-way
434	434	line of said Marketplace Avenue, with the south line of the
435	435	said 185.77 acre tract and the northwest line of the said
436	436	126.130 acre tract, with the southeast line of the tract
437	437	described herein, at a distance of approximately 927.4 feet,
438	438	passing the west corner of the said 126.130 acre tract and the
439	439	north corner of a certain called 70.657 acre tract designated
440	440	as Kirkham Tract I and described in the deed to
441	441	Sheldon-Tanglewood, LTD. of record in Volume 2495, Page 658,
442	442	Official Public Records of Hays County, Texas, and continuing
443	443	with the south line of the said 185.77 acre tract and the
444	444	northwest line of the said 70.657 acre tract for a total
445	445	distance of 2,923.83 feet to a 1/2-inch iron rod with plastic
446	446	cap stamped "BCG" set in the northeast right-of-way line of
447	447	F.M. 1626, a varying-width right-of-way, for the east corner
448	448	of a certain called 0.04 acre tract described in the deed to
449	449	the City of Kyle, Texas of record in Volume 1871, Page 241,
450	450	Official Public Records of Hays County, Texas, and dedicated
451	451	as right-of-way in Exhibit A of record in Volume 4122, Page
452	452	67, Official Public Records of Hays County, Texas, and for
453	453	the northerly northwest corner of a certain called 9.20 acre
454	454	tract described in the deed to the City of Kyle, Texas of
455	455	record in Volume 2022, Page 363, Official Public Records of
456	456	Hays County, Texas, for the southerly southwest corner of the
457	457	tract described herein;
458	458	THENCE N 60° 06' 35" W, with the northeast right-of-way
459	459	line of said F.M. 1626 and the northeast line of the said 0.04
460	460	acre tract, with the southwest line of the tract described
461	461	herein, a distance of 44.60 feet to a 1/2-inch iron rod with
462	462	plastic cap stamped "LAI" previously set in the east line of
463	463	the said International and Great Northern Railroad Company
464	464	tract for the westerly southwest corner of the tract
465	465	described herein;
466	466	THENCE with the east line of the said International and
467	467	Great Northern Railroad Company tract and the west line of
468	468	the tract described herein, the following three (3) courses
469	469	and distances:
470	470	1. N 09° 02' 18" E, a distance of 2,648.42 feet to a 1/2-inch
471	471	iron rod with plastic cap stamped "LOOMIS" previously set for
472	472	a point of curvature,
473	473	2. with an arc of a curve to the right, having a radius of
474	474	7,380.00 feet, an arc distance of 575.74 feet and a chord
475	475	which bears N 11° 16' 24" E, a distance of 575.59 feet to a
476	476	1/2-inch iron rod with plastic cap stamped "LOOMIS"
477	477	previously set for a point of tangency, and
478	478	3. N 13° 30' 30" E, a distance of 589.29 feet to the POINT OF
479	479	BEGINNING and containing 105.19 acres of land more or less.
480	480	BEARING BASIS: Bearings recited herein are Texas Coordinate
481	481	System, South Central Zone, NAD83, Grid.
482	482	TRACT 3
483	483	DESCRIPTION OF 23.676 ACRES LAND IN THE JOHN COOPER SURVEY
484	484	NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, AND THE JESSE
485	485	DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF A CERTAIN
486	486	CALLED 185.77 ACRES OF LAND DESCRIBED AS TRACT 4 OF EXHIBIT "A" IN A
487	487	DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME
488	488	2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID
489	489	23.676 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD.,
490	490	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
491	491	BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
492	492	"LAI" previously set at the intersection of the south right-of-way
493	493	line of Kohlers Crossing (County Road 171), a varying-width
494	494	right-of-way, and the east right-of-way line of Marketplace Avenue,
495	495	a 60-foot right-of-way, as shown on the Plum Creek Phase 1, Lot 1,
496	496	Block A, Business Park plat of record in Cabinet 14, Pages 34-35,
497	497	Plat Records of Hays County, Texas, same being the southwest corner
498	498	of a certain called 1.347 acre tract designated as Parcel 5, Tract 2
499	499	and described in Exhibit A in the deed to the City of Kyle, Texas of
500	500	record in Volume 3218, Page 810, Official Public Records of Hays
501	501	County, Texas, for the northwest corner and POINT OF BEGINNING of
502	502	the tract described herein;
503	503	THENCE leaving the east right-of-way line of said Marketplace
504	504	Avenue, with the south right-of-way line of said Kohlers Crossing,
505	505	with the south line of the said 1.347 acre tract, and the north line
506	506	of the tract described herein, the following three (3) courses and
507	507	distances:
508	508	1. N 88°52'31" E, a distance of 699.00 feet to a 1/2-inch iron rod
509	509	with a plastic cap stamped "LAI" previously set for a re-entrant
510	510	corner of the said 1.347 acre tract, for the northerly northeast
511	511	corner of the tract described herein,
512	512	2. S 01°07'29" E, a distance of 15.00 feet to a 1/2-inch iron rod
513	513	with a plastic cap stamped "LAI" previously set for a southwest
514	514	corner of the said 1.347 acre tract, for a re-entrant corner of the
515	515	tract described herein, and
516	516	3. N 88°52'31" E, a distance of 125.82 feet to a calculated point
517	517	for the easterly northeast corner of the tract described herein,
518	518	from which a 1/2-inch iron rod with a plastic cap stamped "LAI"
519	519	previously set for a southeast corner of the said 1.347 acre tract
520	520	in the south right-of-way line of said Kohlers Crossing bears N
521	521	88°52'31" E, a distance of 249.78 feet;
522	522	THENCE S 05°29'35" W, leaving the south right-of-way line of
523	523	said Kohlers Crossing and the south line of the said 1.347 acre
524	524	tract, crossing the said 185.77 acre tract, with the east line of
525	525	the tract described herein, a distance of 1,040.89 feet to a
526	526	1/2-inch iron rod found at an angle point in the south line of the
527	527	said 185.77 acre tract, same being a north corner of a certain
528	528	called 126.130 acre tract designated as Tract I and described in the
529	529	deed to Sheldon - Tanglewood, Ltd. of record in Volume 2495, Page
530	530	677, Official Public Records of Hays County, Texas, for the
531	531	southeast corner of the tract described herein;
532	532	THENCE S 46°04'39" W, with a southeast line of the said 185.77
533	533	acre tract and the northwest line of the said 126.130 acre tract,
534	534	with the southeast line of the tract described herein, at a distance
535	535	of 899.28 feet, a 1/2-inch iron rod with a plastic cap stamped "MW
536	536	Cude" found bears S 43°55'14" E, a distance of 3.81 feet, and
537	537	continuing for a total distance of 960.62 feet to a 1/2-inch iron
538	538	rod with a plastic cap stamped "LAI" previously set for the
539	539	southeast terminus of said Marketplace Avenue, for the southwest
540	540	corner of the tract described herein;
541	541	THENCE N 01°07'29" W, leaving the northwest line of the said
542	542	126.130 acre tract, with the east right-of-way line of said
543	543	Marketplace Avenue, with the west line of the tract described
544	544	herein, a distance of 1,701.61 feet to the POINT OF BEGINNING and
545	545	containing 23.676 acres of land, more or less.
546	546	BEARING BASIS: Texas Coordinate System, South Central Zone,
547	547	NAD83, Grid.
548	548	TRACT 4
549	549	DESCRIPTION OF 46.400 ACRES LAND IN THE JOHN COOPER SURVEY
550	550	NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, THE THOMAS ALLEN
551	551	SURVEY NO. 1, A-26, AND THE JOHN KING SURVEY NO. 20, A-276, HAYS
552	552	COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 185.77 ACRES OF
553	553	LAND DESCRIBED AS TRACT 4 OF EXHIBIT "A" IN A DEED WITHOUT WARRANTY
554	554	TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, OFFICIAL
555	555	PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING ALL OF A CERTAIN
556	556	CALLED 0.353 ACRE TRACT DESCRIBED IN THE DEED TO PLUM CREEK
557	557	DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 2902, PAGE 563,
558	558	OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 46.400 ACRES OF
559	559	LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE
560	560	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
561	561	BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
562	562	"LAI" previously set at the intersection of the west right-of-way
563	563	line of Hays County Road No. 210, also known as Dry Hole Road and as
564	564	Old State Highway No. 2, a variable-width right-of-way, and the
565	565	south right-of-way line of Kohlers Crossing, a variable-width
566	566	right-of-way, same being the southeast corner of a certain called
567	567	1.347 acre tract designated as Tract 2 and described in the deed to
568	568	the City of Kyle, Texas of record in Volume 3218, Page 810, Official
569	569	Public Records of Hays County, Texas, for the easterly northeast
570	570	corner and POINT OF BEGINNING of the tract described herein;
571	571	THENCE leaving the south right-of-way line of said Kohlers
572	572	Crossing, with the west right-of-way line of said Hays County Road
573	573	No. 210, and the east line of the said 185.77 acre tract, with the
574	574	east line of the tract described herein, the following three (3)
575	575	courses and distances:
576	576	1. S 00°25'18" W, at a distance of 7.98 feet, passing a 1/2-inch
577	577	iron rod with a plastic cap stamped "LAI" previously set for the
578	578	northeast corner of the said 0.353 acre tract, and continuing for a
579	579	total distance of 446.78 feet to a 1/2-inch iron rod with a plastic
580	580	cap stamped "LAI" previously set for an angle point,
581	581	2. S 08°52'40" W, a distance of 965.87 feet to a 1/2-inch iron rod
582	582	with a plastic cap stamped "LAI" previously set for an angle point,
583	583	and
584	584	3. S 13°43'40" W, a distance of 229.23 feet to a 1/2-inch iron rod
585	585	found at the southeast corner of the said 185.77 acre tract, the
586	586	southeast corner of the said 0.353 acre tract, the northeast corner
587	587	of a certain called 126.130 acre tract designated as Tract I and
588	588	described in the deed to Sheldon - Tanglewood, Ltd. of record in
589	589	Volume 2495, Page 677, Official Public Records of Hays County,
590	590	Texas, same being the northeast corner of a certain called 0.390
591	591	acre tract designated as Parcel No. 3 and described in the deed to
592	592	Hays County, Texas of record in Volume 2941, Page 666, Official
593	593	Public Records of Hays County, Texas, for the southeast corner of
594	594	the tract described herein;
595	595	THENCE leaving the west right-of-way line of said Hays County
596	596	Road No. 210, with a southwest line of the said 185.77 acre tract
597	597	and the northeast line of the said 126.130 acre tract, with the
598	598	south line of the tract described herein, the following two (2)
599	599	courses and distances:
600	600	1. N 67°09'34" W, at a distance of 12.20 feet, passing a 1/2-inch
601	601	iron rod with a plastic cap stamped "LAI" previously set for the
602	602	southwest corner of the said 0.353 acre tract and the northwest
603	603	corner of the said 0.390 acre tract, at a distance of 548.41 feet, a
604	604	1/2-inch iron rod with a plastic cap stamped "MW Cude" found bears S
605	605	22°50'26" W, a distance of 1.48 feet, at a distance of 1,064.14 feet,
606	606	a 1/2-inch iron rod with a plastic cap stamped "MW Cude" found bears
607	607	S 22°50'26" W, a distance of 1.18 feet, and continuing for a total
608	608	distance of 1,130.45 feet to a 60-d nail found in an old tree stump
609	609	for an angle point in the south line of the tract described herein,
610	610	and
611	611	2. N 67°08'12" W, at a distance of 31.10 feet, a 1/2-inch iron rod
612	612	with a plastic cap stamped "MW Cude" found bears S 22°51'48" W, a
613	613	distance of 1.04 feet, and continuing for a total distance of 353.96
614	614	feet to a 1/2-inch iron rod found at an angle point in the south line
615	615	of the said 185.77 acre tract, same being the north corner of the
616	616	said 126.130 acre tract, for the southwest corner of the tract
617	617	described herein;
618	618	THENCE N 05°29'35" E, leaving the north line of the said
619	619	126.130 acre tract, crossing the said 185.77 acre tract, with the
620	620	west line of the tract described herein, a distance of 1,040.89 feet
621	621	to a calculated point in the south right-of-way line of said Kohlers
622	622	Crossing and the south line of the said 1.347 acre tract, for the
623	623	westerly northwest corner of the tract described herein, from which
624	624	a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set
625	625	for a southwest corner of the said 1.347 acre tract bears S 88°52'31"
626	626	W, a distance of 125.83 feet;
627	627	THENCE with the south right-of-way line of said Kohlers
628	628	Crossing, with the south line of the said 1.347 acre tract, with the
629	629	north lines of the tract described herein, the following four (4)
630	630	courses and distances:
631	631	1. N 88°52'31" E, a distance of 249.77 feet to a 1/2-inch iron rod
632	632	with a plastic cap stamped "LAI" previously set for a southeast
633	633	corner of the said 1.347 acre tract, for a re-entrant corner of the
634	634	tract described herein,
635	635	2. N 01°07'29" W, a distance of 18.00 feet to a 1/2-inch iron rod
636	636	with a plastic cap stamped "LAI" previously set for a re-entrant
637	637	corner of the said 1.347 acre tract, for the northerly northwest
638	638	corner of the tract described herein,
639	639	3. N 88°52'31" E, a distance of 1,191.46 feet to a 1/2-inch iron rod
640	640	with a plastic cap stamped "LAI" previously set for an angle point
641	641	of the said 1.347 acre tract, for the northerly northeast corner of
642	642	the tract described herein, and
643	643	4. S 44°34'42" E, a distance of 49.09 feet to the POINT OF BEGINNING
644	644	and containing 46.400 acres of land, more or less.
645	645	BEARING BASIS: Texas Coordinate System, South Central Zone,
646	646	NAD83, Grid.
647	647	TRACT 5
648	648	DESCRIPTION OF 157.726 ACRES LAND IN THE M.M. MCCARVER SURVEY
649	649	NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A
650	650	CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND
651	651	DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF
652	652	RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS
653	653	COUNTY, TEXAS; SAID 157.726 ACRES OF LAND AS SURVEYED BY BOWMAN
654	654	CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES
655	655	AND BOUNDS AS FOLLOWS:
656	656	BEGINNING at a mag-nail previously set in the north line of
657	657	the said 983.99 acre tract and the south line of a certain tract of
658	658	land described in the deed to Texas-Lehigh Cement Company of record
659	659	in Volume 609, Page 843, Real Property Records of Hays County,
660	660	Texas, for the northeast corner of a certain called 28.91 acre tract
661	661	described in the dedication of public right-of-way to the City of
662	662	Kyle, Texas of record in Volume 4122, Page 67, Official Public
663	663	Records of Hays County, Texas, same being the east right-of-way
664	664	line of Kyle Parkway, a variable-width right-of-way, for the
665	665	northwest corner and POINT OF BEGINNING of the tract described
666	666	herein;
667	667	THENCE N 88°09'34" E, leaving the east right-of-way line of
668	668	said Kyle Parkway, with the north line of the said 983.99 acre tract
669	669	and the south line of the said Texas-Lehigh Cement Company tract,
670	670	with the north line of the tract described herein, at a distance of
671	671	1,870.26 feet, passing a calculated point for the southeast corner
672	672	of the said Texas-Lehigh tract, same being the southwest corner of a
673	673	certain called 21.6 acre tract described in the deed to Hays County
674	674	Youth Athletic Association of record in Volume 356, Page 294, Deed
675	675	Records of Hays County, Texas, from which a 1/2-inch iron rod found
676	676	bears N 01°34'50" W, 1.38 feet, and continuing with the south line of
677	677	the said 21.6 acre tract for a total distance of 2,530.40 feet to a
678	678	1/2-inch iron rod found at the northeast corner of the said 983.99
679	679	acre tract and at the westerly northwest corner of a certain called
680	680	151.960 acre tract described in a deed to Flint Hills Resources
681	681	Central Texas, LLC of record in Document No. 2015-15008284,
682	682	Official Public Records of Hays County, Texas, for the northerly
683	683	northeast corner of the tract described herein;
684	684	THENCE with a west and south line of the said 151.960 acre
685	685	tract, with an east and north line of the said 983.99 acre tract,
686	686	with an east and north line of the tract described herein, the
687	687	following two (2) courses and distances:
688	688	1. S 01°56'20" E, a distance of 1,296.09 feet to a cotton-gin
689	689	spindle found at the southwest corner of the said 151.960 acre tract
690	690	and at a re-entrant corner of the said 983.99 acre tract, for a
691	691	re-entrant corner of the tract described herein, and
692	692	2. N 88°19'25" E, a distance of 1,023.18 feet to a 1/2-inch iron rod
693	693	found in the west right-of-way line of that certain Union Pacific
694	694	Railroad right-of-way described in the deed to the International &
695	695	Great Northern Railroad Company of record in Volume H, Page 22, Deed
696	696	Records of Hays County, Texas, for the northeast corner of the said
697	697	983.99 acre tract, and the southeast corner of the said 151.960 acre
698	698	tract, for the easterly northeast corner of the tract described
699	699	herein;
700	700	THENCE S 13°28'48" W, leaving the south line of the said
701	701	151.960 acre tract, with the west right-of-way line of the said
702	702	Union Pacific Railroad and the east line of the said 983.99 acre
703	703	tract, with an east line of the tract described herein, a distance
704	704	of 1,692.66 feet to a calculated point for the southeast corner of
705	705	the tract described herein, from which a calculated point in the
706	706	west right-of-way line of the said Union Pacific Railroad at the
707	707	northeast corner of that certain tract of land dedicated to the
708	708	International & Great Northern Railroad of record in Volume N, Page
709	709	428, Deed Records of Hays County, Texas, bears S 13°28'48" W, a
710	710	distance of 781.12 feet, and from which a 1/2-inch iron rod found
711	711	bears S 88°18' W, a distance of 0.23 feet;
712	712	THENCE leaving the west right-of-way line of the said Union
713	713	Pacific Railroad, crossing the said 983.99 acre tract, with the
714	714	south line of the tract described herein, the following seven (7)
715	715	courses and distances:
716	716	1. N 70°11'42" W, a distance of 218.01 feet to a calculated angle
717	717	point,
718	718	2. N 70°05'41" W, a distance of 312.86 feet to a calculated angle
719	719	point,
720	720	3. N 63°16'05" W, a distance of 339.74 feet to a calculated angle
721	721	point,
722	722	4. N 79°24'43" W, a distance of 289.83 feet to a calculated angle
723	723	point,
724	724	5. S 89°38'16" W, a distance of 365.98 feet to a calculated angle
725	725	point,
726	726	6. S 84°23'20" W, a distance of 307.89 feet to a calculated angle
727	727	point, and
728	728	7. S 78°54'52" W, a distance of 599.41 feet to a calculated point in
729	729	the east right-of-way line of said Kyle Parkway, same being the east
730	730	line of a certain called 0.931 acre tract designated as Parcel 4 and
731	731	described in the deed to the City of Kyle, Texas of record in Volume
732	732	4122, Page 86, Official Public Records of Hays County, Texas, for
733	733	the southwest corner of the tract described herein, from which a
734	734	Texas Department of Transportation (TxDOT) Type 2 right-of-way
735	735	monument (brass disk in concrete) found at a point-of-tangency in
736	736	the east right-of-way line of said Kyle Parkway, and the said 0.931
737	737	acre tract bears with the arc of a curve to the right, having a
738	738	radius of 2,984.79 feet, an arc distance of 864.55 feet, and a chord
739	739	which bears S 04°35'15" E, a distance of 861.53 feet;
740	740	THENCE continuing across the said 983.99 acre tract, with the
741	741	east right-of-way line of said Kyle Parkway and the east line of the
742	742	said 0.931 acre tract, with the west line of the tract described
743	743	herein, the following two (2) courses and distances:
744	744	1. with the arc of a curve to the left, having a radius of 2,984.79
745	745	feet, an arc distance of 451.18 feet, and a chord which bears N
746	746	17°12'57" W, a distance of 450.75 feet to a Texas Department of
747	747	Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
748	748	concrete) found at a point-of-tangency, and
749	749	2. N 26°47'39" W, a distance of 222.09 feet to a calculated point in
750	750	the east line of the said 28.91 acre tract for the north corner of
751	751	the said 0.931 acre tract, for an angle point in the west line of the
752	752	tract described herein, from which a Texas Department of
753	753	Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
754	754	concrete) found bears S 26°19' E, a distance of 3.26 feet;
755	755	THENCE continuing across the said 983.99 acre tract, with the
756	756	east right-of-way line of said Kyle Parkway and the east line of the
757	757	said 28.91 acre tract, with the west line of the tract described
758	758	herein, the following two (2) courses and distances:
759	759	1. N 21°32'51" W, a distance of 1,170.15 feet to a calculated
760	760	point-of-curvature, from which a Texas Department of
761	761	Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
762	762	concrete) found bears N 22°04'05" E, a distance of 0.41 feet, and
763	763	2. with the arc of a curve to the right, having a radius of
764	764	2,764.78 feet, an arc distance of 898.49 feet, and a chord which
765	765	bears N 12°14'15" W, a distance of 894.54 feet to the POINT OF
766	766	BEGINNING and containing 157.726 acres of land, more or less.
767	767	BEARING BASIS: Texas Coordinate System, South Central Zone,
768	768	NAD83, Grid.
769	769	TRACT 6
770	770	DESCRIPTION OF 133.892 ACRES LAND IN THE M.M. MCCARVER SURVEY
771	771	NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A
772	772	CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND
773	773	DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF
774	774	RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS
775	775	COUNTY, TEXAS, AND ALL OF A CERTAIN CALLED 5.207 ACRE TRACT
776	776	DESCRIBED IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN INSTRUMENT
777	777	NO. 16029224, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID
778	778	133.892 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD.,
779	779	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
780	780	BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
781	781	"LAI" previously set at the intersection of the north right-of-way
782	782	line of Kohlers Crossing (County Road No. 171), a variable width
783	783	right-of-way, same being the north line of a called 1.171 acre tract
784	784	of land designated as Parcel 3, Tract 1, and described in a deed to
785	785	the City of Kyle, Texas, of record in Volume 3220, Page 508,
786	786	Official Public Records of Hays County, Texas, and the west
787	787	right-of-way line of Benner, a 70-foot wide right-of-way, as shown
788	788	on the Plum Creek Phase II, Section 1A subdivision plat of record in
789	789	Cabinet 14, Pages 225-226, Plat Records of Hays County, Texas, for
790	790	the southerly southeast corner and POINT OF BEGINNING of the tract
791	791	described herein;
792	792	THENCE with the north right-of-way line of said Kohlers
793	793	Crossing, and the north line of the said 1.171 acre tract, with a
794	794	south line of the tract described herein, the following four (4)
795	795	courses and distances:
796	796	1. S 88°49'05" W, a distance of 32.70 feet to a 1/2-inch iron rod
797	797	with a plastic cap stamped "LAI" previously set for an angle point,
798	798	2. S 87°37'32" W, a distance of 488.02 feet to a 1/2-inch iron rod
799	799	with a plastic cap stamped "BCG" previously set for an angle point,
800	800	3. S 87°50'11" W, at a distance of 225.44 feet, passing a 1/2-inch
801	801	iron rod with a plastic cap stamped "BCG" previously set for a
802	802	point-on line, and continuing for a total distance of 252.78 feet to
803	803	a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set
804	804	for an angle point, and
805	805	4. S 87°19'58" W, a distance of 27.10 feet to a 1/2-inch iron rod
806	806	with a plastic cap stamped "BCG" previously set for the southerly
807	807	southeast corner of a certain called 324.250 acre tract designated
808	808	as Tract 1 and described in the deed to Lennar Homes of Texas Land
809	809	and Construction, Ltd. of record in Instrument No. 16029226,
810	810	Official Public Records of Hays County, Texas, for the southwest
811	811	corner of the tract described herein;
812	812	THENCE with the east and south lines of the said 324.250 acre
813	813	tract and the west and north lines of the tract described herein,
814	814	the following seven (7) courses and distances:
815	815	1. N 00°29'00" W, a distance of 715.18 feet to a 1/2-inch iron rod
816	816	with a plastic cap stamped "BCG" previously set for an angle point,
817	817	2. N 33°32'22" E, a distance of 340.44 feet to a 1/2-inch iron rod
818	818	with a plastic cap stamped "BCG" previously set for an angle point,
819	819	3. N 28°43'08" E, a distance of 349.81 feet to a 1/2-inch iron rod
820	820	with a plastic cap stamped "BCG" previously set for an angle point,
821	821	4. N 20°39'46" E, a distance of 412.04 feet to a 1/2-inch iron rod
822	822	with a plastic cap stamped "BCG" previously set for an angle point,
823	823	5. N 12°33'58" E, a distance of 413.82 feet to a 1/2-inch iron rod
824	824	with a plastic cap stamped "BCG" previously set for an angle point,
825	825	6. N 12°27'56" E, a distance of 448.13 feet to a 1/2-inch iron rod
826	826	with a plastic cap stamped "BCG" previously set for a re-entrant
827	827	corner, and
828	828	7. N 73°20'14" E, a distance of 4.89 feet to a calculated point for
829	829	an angle point in the east line of the said 324.250 acre tract, same
830	830	being the southwest corner of the said 5.207 acre tract, from which
831	831	a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set
832	832	for an angle point in a south line of the said 5.207 acre tract bears
833	833	N 73°20'14" E, a distance of 708.44 feet;
834	834	THENCE with the east and west lines of the said 324.250 acre
835	835	tract, with the northwest and northeast lines of the said 5.207 acre
836	836	tract, with a northwest and northeast line of the tract described
837	837	herein, the following eight (8) courses and distances:
838	838	1. N 27°58'58" E, at a distance of 0.42 feet, passing a 1/2-inch
839	839	iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found, and
840	840	continuing for a total distance of 4.93 feet to a 1/2-inch iron rod
841	841	with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
842	842	point of the tract described herein,
843	843	2. N 45°36'55" E, a distance of 316.61 feet to a 1/2-inch iron rod
844	844	with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
845	845	point,
846	846	3. N 43°07'49" E, a distance of 67.72 feet to a 1/2-inch iron rod
847	847	with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
848	848	point,
849	849	4. N 60°11'22" E, a distance of 72.39 feet to a 1/2-inch iron rod
850	850	with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
851	851	point,
852	852	5. N 54°50'52" E, a distance of 110.19 feet to a 1/2-inch iron rod
853	853	with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
854	854	point,
855	855	6. N 44°44'47" E, a distance of 259.46 feet to a 1/2-inch iron rod
856	856	with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
857	857	point,
858	858	7. N 47°53'10" E, a distance of 93.75 feet to a 1/2-inch iron rod
859	859	with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
860	860	point, and
861	861	8. S 47°15'44" E, a distance of 538.63 feet to a to a 1/2-inch iron
862	862	rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at a
863	863	southwest corner of the said 324.250 acre tract, same being the
864	864	southeast corner of the said 5.207 acre tract, for an angle point in
865	865	the north line of the tract described herein;
866	866	THENCE N 82°22'26" E, with a south line of the said 324.250
867	867	acre tract, with the north line of the tract described herein, a
868	868	distance of 129.85 feet to a 1/2-inch iron rod with a plastic cap
869	869	stamped "CHAPARRAL BOUNDARY" found at the west corner of a certain
870	870	called 2.581 acre tract designated as Tract 4 and described in the
871	871	said deed to Lennar Homes of Texas Land and Construction of record
872	872	in Instrument No. 16029226, Official Public Records of Hays County,
873	873	Texas, for an angle point in the north line of the tract described
874	874	herein;
875	875	THENCE leaving a south line of the said 324.250 acre tract,
876	876	with the west and east lines of the said 2.581 acre tract, with a
877	877	northeast and northwest line of the tract described herein, the
878	878	following two (2) courses and distances:
879	879	1. S 47°15'44" E, a distance of 607.02 feet to a 1/2-inch iron rod
880	880	with a plastic cap stamped "CHAPARRAL BOUNDARY" found at the south
881	881	corner of the said 2.581 acre tract, for an angle point in the north
882	882	line of the tract described herein, and
883	883	2. N 03°42'33" E, a distance of 476.77 feet to a 1/2-inch iron rod
884	884	with a plastic cap stamped "BCG" previously set for the easterly
885	885	southeast corner of the said 324.250 acre tract and the east corner
886	886	of the said 2.581 acre tract, for a point-of-curvature in a west
887	887	line of the tract described herein;
888	888	THENCE with an east line of the said 324.250 acre tract, with
889	889	the west line of the tract described herein, with the arc of a curve
890	890	to the left, having a radius of 2,264.79 feet, an arc distance of
891	891	606.17 feet, and a chord which bears N 06°03'20" W, a distance of
892	892	604.37 feet to a calculated point for the northerly northwest
893	893	corner of the tract described herein, from which a 1/2-inch iron rod
894	894	with a plastic cap stamped "BCG" previously set for a
895	895	point-of-tangency in an east line of the said 324.250 acre tract
896	896	bears with the arc of a curve to the left, having a radius of
897	897	2,264.79 feet, an arc distance of 309.28 feet, and a chord which
898	898	bears N 17°38'07" W, a distance of 309.04 feet;
899	899	THENCE N 79°43'41" E, crossing the said 983.99 acre tract,
900	900	with a north line of the tract described herein, a distance of
901	901	480.94 feet to a calculated point in the west line of a certain
902	902	called 0.934 acre tract, designated as Parcel 1 and described in the
903	903	deed to the City of Kyle, Texas of record in Volume 4122, Page 86,
904	904	Official Public Records of Hays County, Texas, being west
905	905	right-of-way line of Kyle Parkway (F.M. 1626) a variable width
906	906	right-of-way, for the northeast corner of tract described herein,
907	907	from which a Texas Department of Transportation (TxDOT) Type 2
908	908	right-of-way monument (brass disk in concrete) found at a
909	909	point-of-tangency in the west right-of-way line of said Kyle
910	910	Parkway and the west line of the said 0.934 acre tract bears with
911	911	the arc of a curve to the left, having a radius of 2,744.79 feet, an
912	912	arc distance of 404.05 feet, and a chord which bears N 17°19'37" W, a
913	913	distance of 403.69 feet;
914	914	THENCE with the west right-of-way line of said Kyle Parkway,
915	915	with the west line of the said 0.934 acre tract, with the east line
916	916	of the tract described herein, the following three (3) courses and
917	917	distances:
918	918	1. with the arc of a curve to the right, having a radius of
919	919	2,744.79 feet, an arc distance of 805.93 feet, and a chord which
920	920	bears S 04°41'53" E, a distance of 803.04 feet to a Texas Department
921	921	of Transportation (TxDOT) Type 2 right-of-way monument (brass disk
922	922	in concrete) found at a point-of-tangency,
923	923	2. S 03°42'13" W, a distance of 553.75 feet to a Texas Department of
924	924	Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
925	925	concrete) found at an angle point, and
926	926	3. S 00°31'13" E, a distance of 269.62 feet to a calculated point in
927	927	the west right-of-way line of said Kyle Parkway, same being the west
928	928	line of a certain called 28.91 acre tract described in the
929	929	dedication of public right-of-way to the City of Kyle, Texas of
930	930	record in Volume 4122, Page 67, Official Public Records of Hays
931	931	County, Texas, for the south corner of the said 0.934 acre tract,
932	932	for an angle point in the east line of the tract described herein,
933	933	from which a Texas Department of Transportation (TxDOT) Type 2
934	934	right-of-way monument (brass disk in concrete) found bears S 00°31'
935	935	E, a distance of 1.58 feet;
936	936	THENCE with the west right-of-way line of said Kyle Parkway,
937	937	with the west line of the said 28.91 acre tract, with the east line
938	938	of the tract described herein, the following three (3) courses and
939	939	distances:
940	940	1. S 03°42'29" W, a distance of 1,102.95 feet to a Texas Department
941	941	of Transportation (TxDOT) Type 2 right-of-way monument (brass disk
942	942	in concrete) found at a point-of-curvature,
943	943	2. with the arc of a curve to the left, having a radius of 2,964.78
944	944	feet, an arc distance of 381.54 feet, and a chord which bears S
945	945	00°01'17" W, a distance of 381.27 feet to a Texas Department of
946	946	Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
947	947	concrete) found at a point-of-tangency, and
948	948	3. S 03°39'40" E, a distance of 61.49 feet to a calculated point for
949	949	the easterly southeast corner of the tract described herein, same
950	950	being the northeast corner of a certain called 4.857 acre tract
951	951	described in the deed to Plum Creek Development Partners, Ltd. of
952	952	record in Volume 3337, Page 390, Official Public Records of Hays
953	953	County, Texas, from which a Texas Department of Transportation
954	954	(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found
955	955	at an angle point in the west right-of-way line of said Kyle Parkway
956	956	and the west line of the said 28.91 acre tract, and the east line of
957	957	the said 4.857 acre tract, bears S 03°39'40" E, a distance of 286.04
958	958	feet;
959	959	THENCE leaving the west right-of-way line of said Kyle
960	960	Parkway, crossing the said 983.99 acre tract, with the north line of
961	961	the said 4.857 acre tract, with a south line of the tract described
962	962	herein, the following four (4) courses and distances:
963	963	1. S 88°50'25" W, a distance of 124.99 feet to a calculated angle
964	964	point,
965	965	2. N 82°24'53" W, a distance of 131.55 feet to a calculated angle
966	966	point,
967	967	3. N 23°54'05" W, a distance of 85.73 feet to a calculated angle
968	968	point, and
969	969	4. N 53°55'11" W, a distance of 100.89 feet to a calculated point in
970	970	the southeast line of a certain called 1.2623 acre tract described
971	971	in the deed to Hays Consolidated Independent School District of
972	972	record in Volume 2029, Page 668, Official Public Records of Hays
973	973	County, Texas, for the north corner of the said 4.857 acre tract,
974	974	for a southwest corner of the tract described herein, from which a
975	975	1/2-inch iron rod with a plastic cap stamped "BCG" previously set
976	976	for an angle point in the south line of the said 1.2623 acre tract
977	977	and the north line of the said 4.857 acre tract bears S 58°53'16" W,
978	978	a distance of 127.50 feet;
979	979	THENCE with the east, north, and west lines of the said 1.2623
980	980	acre tract, with the west, south, and east lines of the tract
981	981	described herein, the following five (5) courses and distances:
982	982	1. N 58°53'16" E, a distance of 29.92 feet to a 1/2-inch iron rod
983	983	with a plastic cap stamped "BCG" previously set for an angle point,
984	984	2. N 01°06'44" W, a distance of 172.58 feet to a 1/2-inch iron rod
985	985	with a plastic cap stamped "BCG" previously set for an angle point,
986	986	3. N 61°06'44" W, a distance of 157.42 feet to a 1/2-inch iron rod
987	987	with a plastic cap stamped "BCG" previously set for an angle point,
988	988	4. S 88°53'16" W, a distance of 62.13 feet to a 1/2-inch iron rod
989	989	with a plastic cap stamped "BCG" previously set for the northwest
990	990	corner of the said 1.2623 acre tract, for a re-entrant corner of the
991	991	tract described herein, and
992	992	5. S 01°06'44" E, a distance of 69.54 feet to a 1/2-inch iron rod
993	993	with a plastic cap stamped "LAI" previously set in the west line of
994	994	the said 1.2623 acre tract, for the northeast corner of a certain
995	995	called 0.0606 acre tract described in the deed to Hays Consolidated
996	996	Independent School District of record in Volume 2857, Page 753,
997	997	Official Public Records of Hays County, Texas, for a southeast
998	998	corner of the tract described herein;
999	999	THENCE S 88°53'16" W, with the north line of the said 0.0606
1000	1000	acre tract, with the south line of the tract described herein, a
1001	1001	distance of 15.00 feet to a 1/2-inch iron rod with a plastic cap
1002	1002	stamped "LAI" previously set for the northwest corner of the said
1003	1003	0.0606 acre tract and the northeast corner of a certain called 10.00
1004	1004	acre tract described in the deed to Hays Consolidated Independent
1005	1005	School District of record in Volume 2029, Page 661, Official Public
1006	1006	Records of Hays County, Texas, for a point-on-line in the south line
1007	1007	of the tract described herein;
1008	1008	THENCE S 88°50'25" W, with the north line of the said 10.00
1009	1009	acre tract, with the south line of the tract described herein, a
1010	1010	distance of 465.45 feet to a 1/2-inch iron rod with a plastic cap
1011	1011	stamped "LAI" previously set for the northern northwest corner of
1012	1012	the said 10.00 acre tract, same being a point in the east line of a
1013	1013	certain called 11.375 acre tract described in the deed to Plum Creek
1014	1014	Development Partners, Ltd. of record in Volume 3311, Page 508,
1015	1015	Official Public Records of Hays County, Texas, for a southwest
1016	1016	corner of the tract described herein;
1017	1017	THENCE with the east, north and west lines of the said 11.375
1018	1018	acre tract, and the west, south and east lines of the tract
1019	1019	described herein, the following five (5) courses and distances:
1020	1020	1. N 00°32'48" W, a distance of 69.99 feet to a 1/2-inch iron rod
1021	1021	with a plastic cap stamped "LAI" previously set for the northeast
1022	1022	corner of the said 11.375 acre tract, for a re-entrant corner of the
1023	1023	tract described herein,
1024	1024	2. S 88°50'25" W, a distance of 360.00 feet to a 1/2-inch iron rod
1025	1025	with a plastic cap stamped "LAI" previously set for the northern
1026	1026	northwest corner of the said 11.375 acre tract , for a re-entrant
1027	1027	corner of the tract described herein,
1028	1028	3. S 01°09'35" E, a distance of 70.00 feet to a 1/2-inch iron rod
1029	1029	with a plastic cap stamped "LAI" previously set for a re-entrant
1030	1030	corner of the said 11.375 acre tract, for a southeast corner of the
1031	1031	tract described herein,
1032	1032	4. S 88°50'25" W, a distance of 563.86 feet to a 1/2-inch iron rod
1033	1033	with a plastic cap stamped "LAI" previously set for the western
1034	1034	northwest corner of the said 11.375 acre tract, for a re-entrant
1035	1035	corner of the tract described herein, and
1036	1036	5. S 00°44'56" E, a distance of 230.40 feet to a 1/2-inch iron rod
1037	1037	found in the west line of the said 11.375 acre tract, at the
1038	1038	intersection of the north right-of-way line of Doherty, a 70-foot
1039	1039	right-of-way, and the west right-of-way line of Benner, a 70-foot
1040	1040	right-of-way, as shown on the Plum Creek Phase II, Section 1A
1041	1041	subdivision plat of record in Cabinet 14, Pages 225-226, Plat
1042	1042	Records of Hays County, Texas, for a point in the east line of the
1043	1043	tract described herein;
1044	1044	THENCE S 00°44'56" E, with the west right-of-way line of said
1045	1045	Benner, with an east line of the tract described herein, a distance
1046	1046	of 447.86 feet to the POINT OF BEGINNING and containing 133.892
1047	1047	acres of land more or less.
1048	1048	BEARING BASIS: Texas Coordinate System, South Central Zone,
1049	1049	NAD83, Grid.
1050	1050	TRACT 7
1051	1051	DESCRIPTION OF 31.441 ACRES LAND IN THE M.M. MCCARVER SURVEY
1052	1052	NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A
1053	1053	CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND
1054	1054	DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF
1055	1055	RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS
1056	1056	COUNTY, TEXAS; SAID 31.441 ACRES OF LAND AS SURVEYED BY BOWMAN
1057	1057	CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES
1058	1058	AND BOUNDS AS FOLLOWS:
1059	1059	BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
1060	1060	"BCG" previously set in the north line of the said 983.99 acre tract
1061	1061	and the south line of a certain tract of land described in the deed
1062	1062	to Texas-Lehigh Cement Company of record in Volume 609, Page 843,
1063	1063	Real Property Records of Hays County, Texas, for the northeast
1064	1064	corner of a certain called 324.250 acre tract designated as Tract 1
1065	1065	and described in the deed to Lennar Homes of Texas Land and
1066	1066	Construction of record in Instrument No. 16029226, Official Public
1067	1067	Records of Hays County, Texas, for the northwest corner and POINT OF
1068	1068	BEGINNING of the tract described herein;
1069	1069	THENCE N 88°09'34" E, with the north line of the said 983.99
1070	1070	acre tract and the south line of the said Texas-Lehigh tract, with
1071	1071	the north line of the tract described herein, at a distance of 39.77
1072	1072	feet, passing a 1-1/2-inch (I.D.) iron pipe found 0.99 feet north of
1073	1073	line, at a distance of 198.91 feet, passing a 1/2-inch iron rod
1074	1074	found 0.45 feet north of line, and continuing for a total distance
1075	1075	of 475.14 feet to a calculated point in the west line of a certain
1076	1076	called 0.392 acre tract designated as Parcel 3 and described in the
1077	1077	deed to the City of Kyle, Texas of record in Volume 4122, Page 86,
1078	1078	Official Public Records of Hays County, Texas, being the west
1079	1079	right-of-way line of Kyle Parkway (F.M. 1626), a variable-width
1080	1080	right-of-way, for the northerly northeast corner of the tract
1081	1081	described herein, from which a Texas Department of Transportation
1082	1082	(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found
1083	1083	bears N 09°30' W, a distance of 0.12 feet;
1084	1084	THENCE crossing the said 983.99 acre tract, with the west
1085	1085	right-of-way line of said Kyle Parkway and the west line of the said
1086	1086	0.392 acre tract, with the east line of the tract described herein,
1087	1087	the following two (2) courses and distances:
1088	1088	1. with the arc of a curve to the left, having a radius of 2,744.79
1089	1089	feet, an arc distance of 572.70 feet, and a chord which bears S
1090	1090	08°20'37" E, a distance of 571.66 feet to a Texas Department of
1091	1091	Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
1092	1092	concrete) found at a point-of-tangency, and
1093	1093	2. S 22°18'28" E, a distance of 224.36 feet to a 1/2-inch iron rod
1094	1094	with a plastic cap stamped "BCG" previously set in the west
1095	1095	right-of-way line of said Kyle Parkway, same being the west line of
1096	1096	a certain called 28.91 acre tract described in the dedication of
1097	1097	public right-of-way to the City of Kyle, Texas of record in Volume
1098	1098	4122, Page 67, Official Public Records of Hays County, Texas, for
1099	1099	the south corner of the said 0.392 acre tract, for a
1100	1100	point-of-curvature in the east line of the tract described herein,
1101	1101	from which a Texas Department of Transportation (TxDOT) Type 2
1102	1102	right-of-way monument (brass disk in concrete) found bears S 22°47'
1103	1103	E, a distance of 2.10 feet;
1104	1104	THENCE continuing across the said 983.99 acre tract, with the
1105	1105	curving west right-of-way line of said Kyle Parkway, with the west
1106	1106	line of the said 28.91 acre tract, with the east line of the tract
1107	1107	described herein, with the arc of a curve to the left, having a
1108	1108	radius of 2964.79 feet, an arc distance of 150.32 feet, and a chord
1109	1109	which bears S 19°33'47" E, a distance of 150.30 feet to a 1/2-inch
1110	1110	iron rod with a plastic cap stamped "BCG" previously set for the
1111	1111	north corner of a certain called 0.092 acre tract designated as
1112	1112	Parcel 2 and described in the deed to the City of Kyle, Texas of
1113	1113	record in Volume 4122, Page 86, Official Public Records of Hays
1114	1114	County, Texas, for a point-of-tangency in the east line of the tract
1115	1115	described herein, from which a Texas Department of Transportation
1116	1116	(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found
1117	1117	bears N 17°58' W, a distance of 3.48 feet;
1118	1118	THENCE continuing across the said 983.99 acre tract, leaving
1119	1119	the west line of the said 28.91 acre tract, with the west
1120	1120	right-of-way line of said Kyle Parkway, with the west and south
1121	1121	lines of the said 0.092 acre tract, and with the east line of the
1122	1122	tract described herein, the following three (3) courses and
1123	1123	distances:
1124	1124	1. S 17°54'50" E, a distance of 141.47 feet to a Texas Department of
1125	1125	Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
1126	1126	concrete) found at an angle point,
1127	1127	2. S 21°31'34" E, a distance of 379.00 feet to a 1/2-inch iron rod
1128	1128	with a plastic cap stamped "BCG" previously set for the southwest
1129	1129	corner of the said 0.092 acre tract, for a re-entrant corner in the
1130	1130	east line of the tract described herein, and
1131	1131	3. N 68°27'09" E, a distance of 8.98 feet to a 1/2-inch iron rod
1132	1132	with a plastic cap stamped "BCG" previously set in the west line of
1133	1133	the said 28.91 acre tract, for the southeast corner of the said
1134	1134	0.092 acre tract, for the easterly northeast corner of the tract
1135	1135	described herein;
1136	1136	THENCE S 21°32'51" E, continuing across the said 983.99 acre
1137	1137	tract, with the west right-of-way line of said Kyle Parkway, with
1138	1138	the west line of the said 28.91 acre tract, with the east line of the
1139	1139	tract described herein, a distance of 602.34 feet to a 1/2-inch iron
1140	1140	rod with a plastic cap stamped "BCG" previously set for the north
1141	1141	corner of a certain called 0.934 acre tract designated as Parcel 1
1142	1142	and described in the deed to the City of Kyle, Texas of record in
1143	1143	Volume 4122, Page 86, Official Public Records of Hays County,
1144	1144	Texas, for an angle point in the east line of the tract described
1145	1145	herein, from which a Texas Department of Transportation (TxDOT)
1146	1146	Type 2 right-of-way monument (brass disk in concrete) found bears N
1147	1147	17°43" W, a distance of 3.69 feet;
1148	1148	THENCE continuing across the said 983.99 acre tract, with the
1149	1149	west right-of-way line of said Kyle Parkway, with the west line of
1150	1150	the said 0.934 acre tract, with the east line of the tract described
1151	1151	herein, the following two (2) courses and distances:
1152	1152	1. S 17°44'17" E, a distance of 296.83 feet to a Texas Department of
1153	1153	Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
1154	1154	concrete) found at a point-of-curvature, and
1155	1155	2. with the arc of a curve to the right, having a radius of
1156	1156	2,744.79 feet, an arc distance of 404.05 feet, and a chord which
1157	1157	bears S 17°19'37" E, a distance of 403.69 feet to a calculated point,
1158	1158	for the southeast corner of the tract described herein, from which a
1159	1159	Texas Department of Transportation (TxDOT) Type 2 right-of-way
1160	1160	monument (brass disk in concrete) found at a point-of-tangency in
1161	1161	the west right-of-way line of said Kyle Parkway and the west line of
1162	1162	the said 0.934 acre tract bears with the arc of a curve to the right,
1163	1163	having a radius of 2,744.79 feet, an arc distance of 805.93 feet,
1164	1164	and a chord which bears S 04°41'53" E, a distance of 803.04 feet;
1165	1165	THENCE S 79°43'41" W, leaving the west right-of-way line of
1166	1166	said Kyle Parkway, continuing across the said 983.99 acre tract,
1167	1167	with the south line of the tract described herein, a distance of
1168	1168	480.94 feet to a calculated point in the curving east line of the
1169	1169	said 324.250 acre tract for the southwest corner of the tract
1170	1170	described herein, from which a 1/2-inch iron rod with a plastic cap
1171	1171	stamped "BCG" previously set for the easterly southeast corner of
1172	1172	the said 324.250 acre tract and the northeast corner of a certain
1173	1173	called 2.581 acre tract designated as Tract 4 and described in the
1174	1174	said deed to Lennar Homes of Texas Land and Construction of record
1175	1175	in Instrument No. 16029226, Official Public Records of Hays County,
1176	1176	Texas, bears with the arc of a curve to the right, having a radius of
1177	1177	2,264.79 feet, an arc distance of 606.17 feet, and a chord which
1178	1178	bears S 06°03'20" E, a distance of 604.37 feet;
1179	1179	THENCE continuing across the said 983.99 acre tract, with the
1180	1180	east line of the said 324.250 acre tract, with the west line of the
1181	1181	tract described herein, the following three (3) courses and
1182	1182	distances:
1183	1183	1. with the arc of a curve to the left, having a radius of 2,264.79
1184	1184	feet, an arc distance of 309.28 feet, and a chord which bears N
1185	1185	17°38'07" W, a distance of 309.04 feet to a 1/2-inch iron rod
1186	1186	previously set for a point-of-tangency,
1187	1187	2. N 21°32'51" W, a distance of 1,391.43 feet to a 1/2-inch iron rod
1188	1188	with a plastic cap stamped "BCG" previously set for a
1189	1189	point-of-curvature, and
1190	1190	3. with the arc of a curve to the right, having a radius of
1191	1191	3,464.79 feet, an arc distance of 1,139.26 feet and a chord which
1192	1192	bears N 12°07'40" W, a distance of 1,134.13 feet to the POINT OF
1193	1193	BEGINNING and containing 31.441 acres of land more or less.
1194	1194	BEARING BASIS: Texas Coordinate System, South Central Zone,
1195	1195	NAD83, Grid.
1196	1196	TRACT 8
1197	1197	DESCRIPTION OF 8.148 ACRES OF LAND IN THE JOHN COOPER SURVEY
1198	1198	NO. 13, A-100 AND THE JESSE DAY SURVEY, A-152, HAYS COUNTY, TEXAS;
1199	1199	BEING A PORTION OF THE REMAINDER OF A CERTAIN 849.267 ACRE TRACT
1200	1200	DESCRIBED IN THE DEED TO WILLIAM NEGLEY, LIFE TENANT OF RECORD IN
1201	1201	VOLUME 322, PAGE 589, DEED RECORDS OF HAYS COUNTY, TEXAS, AND ALSO
1202	1202	IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2047, PAGE
1203	1203	133, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING A
1204	1204	PORTION OF THE REMAINDER OF THAT CERTAIN CALLED 190.110 ACRE TRACT
1205	1205	DESIGNATED AS TRACT II, PARCEL 2, AND DESCRIBED IN THE SUBSTITUTE
1206	1206	TRUSTEE'S DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF RECORD
1207	1207	IN VOLUME 4072, PAGE 566, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY,
1208	1208	TEXAS; SAID 8.148 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING
1209	1209	GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
1210	1210	AS FOLLOWS:
1211	1211	BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
1212	1212	"BCG" previously set in the south right-of-way line of Kohler's
1213	1213	Crossing (County Road 171), a variable width right-of-way, in the
1214	1214	south line of a certain called 1.252 acre tract designated as Parcel
1215	1215	2, Tract 1, and described in a deed to the City of Kyle, Texas, of
1216	1216	record in Volume 3218, Page 838, Official Public Records of Hays
1217	1217	County, Texas, for the northeast corner of Lot 2, Block A, Plum
1218	1218	Creek Phase I, Section 12A, a subdivision according to the plat of
1219	1219	record in Cabinet 17, Pages 321.322, Plat Records of Hays County,
1220	1220	Texas, for the northwest corner and POINT OF BEGINNING of the tract
1221	1221	described herein;
1222	1222	THENCE N 88°49'05" E, with the south right-of-way line of said
1223	1223	Kohler's Crossing (County Road 171), with the south line of the said
1224	1224	1.252 acre tract, with the north line of the tract described herein,
1225	1225	at a distance of 296.70 feet passing a 1/2-inch iron rod with a
1226	1226	plastic cap stamped "Loomis" previously set for a point-on-line in
1227	1227	the north line of the tract described herein, at a distance of
1228	1228	416.70 feet passing a 1/2-inch iron rod with a plastic cap stamped
1229	1229	"Loomis" previously set for a point-on-line in the north line of the
1230	1230	tract described herein, and continuing for a total distance of
1231	1231	776.42 feet to a 1/2-inch iron rod with a plastic cap stamped
1232	1232	"Loomis" previously set at the intersection of the south
1233	1233	right-of-way line of said Kohler's Crossing (County Road 171) and
1234	1234	the west right-of-way line of Cromwell Drive, a variable width
1235	1235	right-of-way, as shown on the Plum Creek Phase I, Section 11J
1236	1236	subdivision plat of record in Cabinet 17, Pages 42-43, Plat Records
1237	1237	of Hays County, Texas, for the northwest corner of a certain called
1238	1238	1.555 acre tract designated as Tract 1 and described in the deed to
1239	1239	Plum Creek Development Partners, Ltd. of record in Volume 4576,
1240	1240	Page 617, Official Public Records of Hays County, Texas, for a point
1241	1241	of curvature in the north line of the tract described herein;
1242	1242	THENCE with the west right-of-way line of said Cromwell
1243	1243	Drive, with the west line of the said 1.555 acre tract designated as
1244	1244	Tract 1, with the east line of the tract described herein, the
1245	1245	following four (4) courses and distances:
1246	1246	1. with the arc of a curve to the right, having a radius of 30.00
1247	1247	feet, an arc distance of 47.12 feet, and a chord bearing S 46°10'55"
1248	1248	E, a distance of 42.43 feet to a 1/2-inch iron rod with a plastic cap
1249	1249	stamped "Loomis" previously set for a point-of-tangency,
1250	1250	2. S 01°10'55" E, a distance of 363.92 feet to a 1/2-inch iron rod
1251	1251	with a plastic cap stamped "Loomis" previously set for a
1252	1252	point-of-curvature,
1253	1253	3. with the arc of a curve to the right, having a radius of 25.00
1254	1254	feet, an arc distance of 21.03 feet, and a chord bearing S 22°54'47"
1255	1255	W, a distance of 20.41 feet to a 1/2-inch iron rod with a plastic cap
1256	1256	stamped "Loomis" previously set for a point of reverse curvature,
1257	1257	and
1258	1258	4. with the arc of a curve to the left, having a radius of 65.00
1259	1259	feet, an arc distance of 49.61 feet, and a chord bearing S 25°08'40"
1260	1260	W, a distance of 48.41 feet to a 1/2-inch iron rod with a plastic cap
1261	1261	stamped "Loomis" previously set for the northeast corner of Lot 1,
1262	1262	Block A, said Plum Creek Phase I, Section 11J, for the southeast
1263	1263	corner of the tract described herein;
1264	1264	THENCE S 88°49'05" W, leaving the west right-of-way line of
1265	1265	said Cromwell Drive, with the north line of said Lot 1, Block A,
1266	1266	Plum Creek Phase I, Section 11J, with a north line of the said 1.555
1267	1267	acre tract designated as Tract 1, with the south line of the tract
1268	1268	described herein, a distance of 53.72 feet to a 1/2-inch iron rod
1269	1269	with a plastic cap stamped "Loomis" previously set in the east line
1270	1270	of the said 190.110 acre tract, for the west corner of the said
1271	1271	1.555 acre tract designated as Tract 1, for a point-on-line in the
1272	1272	south line of the tract described herein;
1273	1273	THENCE S 88°49'05" W, crossing the said 190.110 acre tract,
1274	1274	with the north line of said Lot 1, Block A, Plum Creek Phase I,
1275	1275	Section 11J, with the south line of the tract described herein, a
1276	1276	distance of 597.17 feet to a 1/2-inch iron rod with a plastic cap
1277	1277	stamped "Loomis" previously set for a northwest corner of said Lot
1278	1278	1, Block A, Plum Creek Phase I, Section 11J, for the southerly
1279	1279	southwest corner of the tract described herein;
1280	1280	THENCE N 01°10'55" W, crossing the said 190.110 acre tract,
1281	1281	with the west line of the tract described herein, a distance of
1282	1282	91.87 feet to a 1/2-inch iron rod with a plastic cap stamped
1283	1283	"Loomis" previously set in the north line of the said 190.110 acre
1284	1284	tract, for a re-entrant corner of the tract described herein;
1285	1285	THENCE S 88°50'02" W, with the north line of the said 190.110
1286	1286	acre tract, with the south line of the tract described herein, a
1287	1287	distance of 125.72 feet to a mag-nail previously set, for the
1288	1288	westerly southwest corner of the tract described herein;
1289	1289	THENCE N 01°10'55" W, crossing the remainder of the said
1290	1290	849.267 acre tract, with the west line of the tract described
1291	1291	herein, at a distance of 71.80 feet passing a mag-nail previously
1292	1292	set for the southeast corner of said Lot 2, Block A, Plum Creek
1293	1293	Phase I, Section 12A, and continuing with the east line of said Lot
1294	1294	2, Block A, Plum Creek Phase I, Section 12A for a total distance of
1295	1295	364.03 feet to the POINT OF BEGINNING and containing 8.148 acres of
1296	1296	land, more or less.
1297	1297	BEARING BASIS: Texas Coordinate System, South Central Zone,
1298	1298	NAD83, Grid.
1299	1299	TRACT 9
1300	1300	DESCRIPTION OF 15.017 ACRES OF LAND IN THE JESSE DAY SURVEY,
1301	1301	A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF THE REMAINDER OF A
1302	1302	CERTAIN 849.267 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM NEGLEY,
1303	1303	LIFE TENANT OF RECORD IN VOLUME 322, PAGE 589, DEED RECORDS OF HAYS
1304	1304	COUNTY, TEXAS, AND ALSO IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD
1305	1305	IN VOLUME 2047, PAGE 133, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY,
1306	1306	TEXAS, A PORTION OF THE REMAINDER OF THAT CERTAIN CALLED 190.110
1307	1307	ACRE TRACT DESIGNATED AS TRACT II, PARCEL 2, AND DESCRIBED IN THE
1308	1308	SUBSTITUTE TRUSTEE'S DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD.
1309	1309	OF RECORD IN VOLUME 4072, PAGE 566, OFFICIAL PUBLIC RECORDS OF HAYS
1310	1310	COUNTY, TEXAS, A PORTION OF THAT CERTAIN CALLED 1.211 ACRE TRACT
1311	1311	DESIGNATED AS TRACT 1-M AND DESCRIBED IN THE DEED TO PLUM CREEK
1312	1312	DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 2126, PAGE 504,
1313	1313	OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING A PORTION
1314	1314	OF A CERTAIN CALLED 5.329 ACRE TRACT DESIGNATED AS PARCEL 4 AND
1315	1315	DESCRIBED IN THE DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF
1316	1316	RECORD IN VOLUME 2881, PAGE 599, OFFICIAL PUBLIC RECORDS OF HAYS
1317	1317	COUNTY, TEXAS; SAID 15.017 ACRES OF LAND AS SURVEYED BY BOWMAN
1318	1318	CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES
1319	1319	AND BOUNDS AS FOLLOWS:
1320	1320	BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
1321	1321	"Loomis" previously set at the intersection of the south
1322	1322	right-of-way line of Vaughn, a 70 foot wide right-of-way, as shown
1323	1323	on the Plum Creek Phase I, Section 11J subdivision plat of record in
1324	1324	Cabinet 17, Pages 42-43, Plat Records of Hays County, Texas and the
1325	1325	west right-of-way line of Kyle Parkway (F.M. 1626), in the west line
1326	1326	of a certain called 22.83 acre tract described in the deed to the
1327	1327	City of Kyle, Texas, of record in Volume 1871, Page 232, Official
1328	1328	Public Records of Hays County, Texas, and corrected in Volume 1904,
1329	1329	Page 813, Official Public Records of Hays County, Texas, same being
1330	1330	the 22.83 acres described in the dedication of public right-of-way
1331	1331	of record in Volume 4122, Page 67, Official Public Records of Hays
1332	1332	County, Texas, for the southeast corner of a certain called 0.800
1333	1333	acre tract designated as Tract 2 and described in the deed to Plum
1334	1334	Creek Development Partners, Ltd. of record in Volume 4576, Page
1335	1335	617, Official Public Records of Hays County, Texas, for a
1336	1336	point-of-tangency in the east line and POINT OF BEGINNING of the
1337	1337	tract described herein;
1338	1338	THENCE S 03°39'58'' E, with the west right-of-way line of said
1339	1339	Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre
1340	1340	tract, with the east line of the tract described herein, a distance
1341	1341	of 932.34 feet to a 1/2-inch iron rod with a plastic cap stamped
1342	1342	"BCG" previously set for the northeast corner of that 2.173 acre
1343	1343	tract described in the deed to L & N Group, Inc, in the deed of
1344	1344	record in Volume 5098, Page 500, Official Public Records of Hays
1345	1345	County, Texas, for the eastern southeast corner of the tract
1346	1346	described herein, from which a 1/2-inch iron rod with a plastic cap
1347	1347	stamped "LAI" previously set at the southeast corner of the said
1348	1348	2.173 acre tract, being the intersection of the west right-of-way
1349	1349	line of said Kyle Parkway (F.M. 1626) and the north right-of-way
1350	1350	line of Dorman Lane, an 80-foot right-of-way as shown on the Plum
1351	1351	Creek Phase I, Section 11A Replat of record in Cabinet 15, Pages
1352	1352	80-81, Plat Records of Hays County, Texas bears S 03°39'58'' E a
1353	1353	distance of 298.72 feet;
1354	1354	THENCE leaving the west right-of-way line of said Kyle
1355	1355	Parkway (F.M. 1626) and crossing the said 849.267 acre tract with
1356	1356	north and west lines of the said 2.173 acre tract being the south
1357	1357	and east lines of the tract described herein, the following three
1358	1358	(3) courses and distances:
1359	1359	1. S 86°20'05'' W a distance of 275.88 feet to a 1/2-inch iron rod
1360	1360	stamped "BCG" previously set for the northwest corner of the said
1361	1361	2.173 acre tract and a re-entrant corner of the tract described
1362	1362	herein,
1363	1363	2. S 03°04'03'' E a distance of 326.54 feet to a 1/2-inch iron rod
1364	1364	stamped "BCG" previously set for a point-of-curvature, and
1365	1365	3. with the arc of a curve to the left, having a radius of 24.50
1366	1366	feet, an arc distance of 15.47 feet, and a chord bearing S 21°11'51''
1367	1367	E, a distance of 15.21 feet to a 1/2-inch iron rod stamped "BCG"
1368	1368	previously set in the north right-of-way line of said Dorman Lane,
1369	1369	for the southwest corner of the said 2.173 acre tract, and the
1370	1370	southerly southeast corner of the tract described herein;
1371	1371	THENCE S 87°00'20'' W with the north right-of-way line of said
1372	1372	Dorman Lane a distance of 178.89 feet to a 1/2-inch iron rod with a
1373	1373	plastic cap stamped "Loomis" previously set for a
1374	1374	point-of-curvature in the north line of the said 5.329 acre tract;
1375	1375	THENCE crossing the said 5.329 acre tract, with the north
1376	1376	right-of-way line of said Dorman Lane, with the south line of the
1377	1377	tract described herein, and with the east right-of-way line of
1378	1378	Cromwell Drive, a variable-width right-of-way, as shown on the said
1379	1379	Plum Creek Phase I, Section 11A Replat, and with the east line of
1380	1380	the tract described herein, the following four (4) courses and
1381	1381	distances:
1382	1382	1. S 87°00'20" W, a distance of 80.00 feet to a 1/2-inch iron rod
1383	1383	with a plastic cap stamped "Rangerland Surveying" found at a
1384	1384	point-of-curvature in the north right-of-way line of said Dorman
1385	1385	Lane,
1386	1386	2. with the arc of a curve to the right, having a radius of 25.00
1387	1387	feet, an arc distance of 21.58 feet, and a chord bearing N 68°15'55"
1388	1388	W, a distance of 20.92 feet to a 1/2-inch iron rod with a plastic cap
1389	1389	stamped "Loomis" previously set for a point-of-reverse curvature,
1390	1390	3. with the arc of a curve to the left, having a radius of 75.00
1391	1391	feet, an arc distance of 21.06 feet, and a chord bearing N 51°34'54"
1392	1392	W, a distance of 20.99 feet to a 1/2-inch iron rod with a plastic cap
1393	1393	stamped "Rangerland Surveying" found at a point-of-reverse
1394	1394	curvature, and
1395	1395	4. with the arc of a curve to the right, having a radius of 25.00
1396	1396	feet, an arc distance of 4.57 feet, and a chord bearing N 54°23'28"
1397	1397	W, a distance of 4.56 feet to a 1/2-inch iron rod with a plastic cap
1398	1398	stamped "Loomis" previously set in the west line of the said 5.329
1399	1399	acre tract and the east right-of-way line of said Cromwell Drive;
1400	1400	THENCE with the curving east right-of-way line of said
1401	1401	Cromwell Drive, with the arc of a curve to the right, having a
1402	1402	radius of 25.00 feet, an arc distance of 20.14 feet, and a chord
1403	1403	bearing N 26°04'29" W, a distance of 19.60 feet to a 1/2-inch iron
1404	1404	rod with a plastic cap stamped "BCG" previously set at the northeast
1405	1405	terminus of said Cromwell Drive, as shown on the said Plum Creek
1406	1406	Phase 1, Section 11A Replat;
1407	1407	THENCE crossing the remainder of the said 849.267 acre tract,
1408	1408	with the west line of the tract described herein, the following ten
1409	1409	(10) courses and distances:
1410	1410	1. N 02°59'40" W, a distance of 320.00 feet to a 1/2-inch iron rod
1411	1411	with a plastic cap stamped "Loomis" previously set;
1412	1412	2. N 02°59'40" W, a distance of 268.15 feet to a 1/2-inch iron rod
1413	1413	with a plastic cap stamped "Loomis" previously set for a
1414	1414	point-of-curvature,
1415	1415	3. with the arc of a curve to the right, having a radius of 25.00
1416	1416	feet, an arc distance of 22.83 feet, and a chord bearing N 23°10'14"
1417	1417	E, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap
1418	1418	stamped "Loomis" previously set for a point-of-reverse curvature,
1419	1419	4. with the arc of a curve to the left, having a radius of 65.00
1420	1420	feet, an arc distance of 21.84 feet, and a chord bearing N 39°42'34"
1421	1421	E, a distance of 21.74 feet to a 1/2-inch iron rod with a plastic cap
1422	1422	stamped "BCG" previously set for a point-of-reverse curvature,
1423	1423	5. with the arc of a curve to the right, having a radius of 25.00
1424	1424	feet, an arc distance of 24.54 feet, and a chord bearing N 58°12'31"
1425	1425	E, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap
1426	1426	stamped "Loomis" previously set for a re-entrant corner,
1427	1427	6. N 03°39'58" W, a distance of 50.00 feet to a 1/2-inch iron rod
1428	1428	with a plastic cap stamped "Loomis" previously set for a point of
1429	1429	non-tangent curvature,
1430	1430	7. with the arc of a curve to the right, having a radius of 25.00
1431	1431	feet, an arc distance of 24.54 feet, and a chord bearing N 65°32'26"
1432	1432	W, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap
1433	1433	stamped "BCG" previously set for a point-of-reverse curvature,
1434	1434	8. with the arc of a curve to the left, having a radius of 65.00
1435	1435	feet, an arc distance of 23.64 feet, and a chord bearing N 47°50'00"
1436	1436	W, a distance of 23.51 feet to a 1/2-inch iron rod with a plastic cap
1437	1437	stamped "Loomis" previously set for a point-of-reverse curvature,
1438	1438	9. with the arc of a curve to the right, having a radius of 25.00
1439	1439	feet, an arc distance of 22.83 feet, and a chord bearing N 32°05'12"
1440	1440	W, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap
1441	1441	stamped "Loomis" previously set for a point-of-tangency, and
1442	1442	10. N 05°55'18" W, a distance of 84.76 feet to a 1/2-inch iron rod
1443	1443	with a plastic cap stamped "Loomis" previously set in the southeast
1444	1444	line of the said 190.110 acre tract and the south line of the said
1445	1445	1.211 acre tract, for a point in the west line of the tract
1446	1446	described herein;
1447	1447	THENCE N 05°55'18" W, crossing the said 190.110 acre tract and
1448	1448	the said 1.211 acre tract, with the west line of the tract described
1449	1449	herein, a distance of 109.37 feet to a 1/2-inch iron rod with a
1450	1450	plastic cap stamped "Loomis" previously set in the northwest line
1451	1451	of the said 1.211 acre tract, for a point-on-line in the west line
1452	1452	of the tract described herein;
1453	1453	THENCE N 05°55'18" W, continuing across the said 190.110 acre
1454	1454	tract, with the west line of the tract describe herein, a distance
1455	1455	of 283.18 feet to a 1/2-inch iron rod with a plastic cap stamped
1456	1456	"Loomis" previously set for the southeast terminus of Cromwell
1457	1457	Drive, as shown on the said Plum Creek Phase I, Section 11J
1458	1458	subdivision plat, for a point-of-curvature in the west line of the
1459	1459	tract described herein;
1460	1460	THENCE with the east right-of-way line of said Cromwell
1461	1461	Drive, with the west line of the tract described herein, and with
1462	1462	the south right-of-way line of said Vaughn and the north line of the
1463	1463	tract described herein, the following four (4) courses and
1464	1464	distances:
1465	1465	1. with the arc of a curve to the right, having a radius of 25.00
1466	1466	feet, an arc distance of 24.71 feet, and a chord bearing N 22°23'41''
1467	1467	E, a distance of 23.72 feet to a 1/2-inch iron rod with a plastic cap
1468	1468	stamped "Loomis" previously set for a point of reverse curvature,
1469	1469	2. with the arc of a curve to the left, having a radius of 75.00
1470	1470	feet, an arc distance of 22.92, and a chord bearing N 41°57'27'' E, a
1471	1471	distance of 22.83 feet to a 1/2-inch iron rod with a plastic cap
1472	1472	stamped "Loomis" previously set for a point of reverse curvature,
1473	1473	3. with the arc of a curve to the right, having a radius of 25.00
1474	1474	feet, an arc distance of 23.18 feet, and a chord bearing N 59°46'08''
1475	1475	E, a distance of 22.36 feet to a 1/2-inch iron rod with a plastic cap
1476	1476	stamped "Loomis" previously set for a point-of-tangency, and
1477	1477	4. N 86°20'02'' E, a distance of 50.00 feet to a 1/2-inch iron rod
1478	1478	with a plastic cap stamped "BCG" previously set in the west line of
1479	1479	the said 1.211 acre tract, for a point in the north line of the tract
1480	1480	described herein;
1481	1481	THENCE N 86°20'02" E, crossing the said 1.211 acre tract, with
1482	1482	the south right-of-way line of said Vaughn, a distance of 17.26 feet
1483	1483	to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously
1484	1484	set in the east line of the said 1.211 acre tract, for the southwest
1485	1485	corner of the said 0.800 acre tract, for a point in the north line of
1486	1486	the tract described herein;
1487	1487	THENCE with the south right-of-way line of said Vaughn, with
1488	1488	the north line of the tract described herein, the following two (2)
1489	1489	courses and distances:
1490	1490	1. N 86°20'02'' E, a distance of 448.95 feet to a 1/2-inch iron rod
1491	1491	with a plastic cap stamped "Loomis" previously set for a
1492	1492	point-of-curvature, and
1493	1493	2. with the arc of a curve to the right, having a radius of 30.00
1494	1494	feet, an arc distance of 47.12 feet, and a chord bearing S 48°39'58''
1495	1495	E, a distance of 42.43 feet to the POINT OF BEGINNING and containing
1496	1496	15.017 acres of land, more or less.
1497	1497	BEARING BASIS: Texas Coordinate System, South Central Zone,
1498	1498	NAD83, Grid.
1499	1499	TRACT 10
1500	1500	DESCRIPTION OF 15.757 ACRES OF LAND IN THE JOHN COOPER SURVEY
1501	1501	NO. 13, A-100, THE JESSE DAY SURVEY, A-152, AND THE JESSE DAY
1502	1502	SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF THE REMAINDER
1503	1503	OF A CERTAIN 849.267 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM
1504	1504	NEGLEY, LIFE TENANT OF RECORD IN VOLUME 322, PAGE 589, DEED RECORDS
1505	1505	OF HAYS COUNTY, TEXAS, AND ALSO IN THE DEED TO MOUNTAIN PLUM, LTD.
1506	1506	OF RECORD IN VOLUME 2047, PAGE 133, OFFICIAL PUBLIC RECORDS OF HAYS
1507	1507	COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF THAT CERTAIN
1508	1508	CALLED 190.110 ACRE TRACT DESIGNATED AS TRACT II, PARCEL 2, AND
1509	1509	DESCRIBED IN THE SUBSTITUTE TRUSTEE'S DEED TO PLUM CREEK
1510	1510	DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 4072, PAGE 566,
1511	1511	OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 15.757 ACRES OF
1512	1512	LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE
1513	1513	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1514	1514	BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
1515	1515	"Loomis" previously set in the south line of a certain called 1.252
1516	1516	acre tract designated as Parcel 2, Tract 1, and described in a deed
1517	1517	to the City of Kyle, Texas, of record in Volume 3218, Page 838,
1518	1518	Official Public Records of Hays County, Texas, at the intersection
1519	1519	of the south right-of-way line of Kohler's Crossing (County Road
1520	1520	171), a variable width right-of-way, and the east right-of-way line
1521	1521	of Cromwell Drive, a variable width right-of-way, as shown on the
1522	1522	Plum Creek Phase I, Section 11J subdivision plat of record in
1523	1523	Cabinet 17, Pages 42-43, Plat Records of Hays County, Texas, for the
1524	1524	northeast corner of a certain called 1.555 acre tract designated as
1525	1525	Tract 1 and described in the deed to Plum Creek Development
1526	1526	Partners, Ltd. of record in Volume 4576, Page 617, Official Public
1527	1527	Records of Hays County, Texas, for a point-of-tangency in the north
1528	1528	line and POINT OF BEGINNING of the tract described herein;
1529	1529	THENCE N 88°49'05'' E, leaving the east right-of-way line of
1530	1530	said Cromwell Drive, with the south right-of-way line of said
1531	1531	Kohler's Crossing (County Road 171), with the south line of the said
1532	1532	1.252 acre tract, and with the north line of the tract described
1533	1533	herein, a distance of 551.66 feet to a 1/2-inch iron rod with a
1534	1534	plastic cap stamped "LAI" previously set at the intersection of the
1535	1535	south right-of-way line of said Kohler's Crossing (County Road 171)
1536	1536	with the west right-of-way line of Kyle Parkway (F.M. 1626) in the
1537	1537	west line of a certain called 22.83 acre tract described in the deed
1538	1538	to the City of Kyle, Texas, of record in Volume 1871, Page 232,
1539	1539	Official Public Records of Hays County, Texas, and corrected in
1540	1540	Volume 1904, Page 813, Official Public Records of Hays County,
1541	1541	Texas, same being the 22.83 acres described in the dedication of
1542	1542	public right-of-way of record in Volume 4122, Page 67, Official
1543	1543	Public Records of Hays County, Texas, for the southeast corner of
1544	1544	the said 1.252 acre tract and for a northeast corner of the tract
1545	1545	described herein;
1546	1546	THENCE S 46°17'09'' E, with the west right-of-way line of Kyle
1547	1547	Parkway (F.M. 1626) and the west line of the said 22.83 acre tract,
1548	1548	with the east line of the tract described herein a distance of 27.38
1549	1549	feet to a 1/2-inch iron rod with a plastic cap stamped "LAI"
1550	1550	previously set for an angle point in the west line of said Kyle
1551	1551	Parkway (F.M. 1626) and the west line of the said 22.83 acre tract,
1552	1552	for an angle point in the east line of the tract described herein;
1553	1553	THENCE S 03°39'58'' E, with the west right-of-way line of said
1554	1554	Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre
1555	1555	tract, with the east line of the tract described herein, at a
1556	1556	distance of 374.01 feet passing a 1/2-inch iron rod with a plastic
1557	1557	cap stamped "Loomis" previously set for a point-on-line, at a
1558	1558	distance of 484.01 feet passing a 1/2-inch iron rod with a plastic
1559	1559	cap stamped "Loomis" previously set for a point-on-line, and
1560	1560	continuing for a total distance of 1,069.26 feet to a 1/2-inch iron
1561	1561	rod with a plastic cap stamped "Loomis" previously set for the
1562	1562	intersection of the west right-of-way line of said Kyle Parkway
1563	1563	(F.M. 1626) and the north right-of-way line of Vaughn, a 70-foot
1564	1564	right-of-way, as shown on the said Plum Creek Phase I, Section 11J
1565	1565	subdivision plat, for the northeast corner of a certain called
1566	1566	0.800 acre tract designated as Tract 2 and described in said deed to
1567	1567	Plum Creek Development Partners of record in Volume 4576, Page 617,
1568	1568	Official Public Records of Hays County, Texas, for a
1569	1569	point-of-curvature in the east line of the tract described herein;
1570	1570	THENCE leaving the west right-of-way line of said Kyle
1571	1571	Parkway (F.M. 1626) and the west line of the said 22.83 acre tract,
1572	1572	with the curving north right-of-way line of said Vaughn, with the
1573	1573	north line of the said 0.800 acre tract, and with the south line of
1574	1574	the tract described herein, with the arc of a curve to the right,
1575	1575	having a radius of 30.00 feet, an arc distance of 47.12 feet, and a
1576	1576	chord bearing S 41°20'02'' W, a distance of 42.43 feet to a 1/2-inch
1577	1577	iron rod with a plastic cap stamped "Loomis" previously set for a
1578	1578	point-of-tangency;
1579	1579	THENCE S 86°20'02'' W, continuing with the north right-of-way
1580	1580	line of said Vaughn, with the north line of the said 0.800 acre
1581	1581	tract, and with the south line of the tract described herein, a
1582	1582	distance of 475.81 feet to a 1/2-inch iron rod with a plastic cap
1583	1583	stamped "Loomis" previously set in the east line of the said 190.110
1584	1584	acre tract, for a point-on-line in the south line of the tract
1585	1585	described herein;
1586	1586	THENCE crossing the said 190.110 acre tract, with the north
1587	1587	right-of-way line of said Vaughn and with the south line of the
1588	1588	tract described herein, with the east right-of-way line of said
1589	1589	Cromwell Drive and with the west line of the tract described herein,
1590	1590	the following five (5) courses and distances:
1591	1591	1. S 86°20'02'' W, a distance of 40.40 feet to a 1/2-inch iron rod
1592	1592	with a plastic cap stamped "Loomis" previously set for a
1593	1593	point-of-curvature,
1594	1594	2. with the arc of a curve to the right, having a radius of 25.00
1595	1595	feet, an arc distance of 23.18 feet, and a chord bearing N 67°06'03''
1596	1596	W, a distance of 22.36 feet to a 1/2-inch iron rod with a plastic cap
1597	1597	stamped "Loomis" previously set for a point-of-reverse-curvature,
1598	1598	3. with the arc of a curve to the left, having a radius of 75.00
1599	1599	feet, an arc distance of 28.82 feet, and a chord bearing N 51°32'43''
1600	1600	W, a distance of 28.65 feet to a 1/2-inch iron rod with a plastic cap
1601	1601	stamped "Loomis" previously set for a point-of-reverse-curvature,
1602	1602	4. with the arc of a curve to the right, having a radius of 25.00
1603	1603	feet, an arc distance of 24.71 feet, and a chord bearing N 34°14'18''
1604	1604	W, a distance of 23.72 feet to a 1/2-inch iron rod with a plastic cap
1605	1605	stamped "Loomis" previously set for a point-of-tangency, and
1606	1606	5. N 05°55'18'' W, a distance of 217.01 feet to a 1/2-inch iron rod
1607	1607	with a plastic cap stamped "Loomis" previously set in the east line
1608	1608	of the said 190.110 acre tract, for the south corner of the said
1609	1609	1.555 acre tract, for a point-on-line in the west line of the tract
1610	1610	described herein;
1611	1611	THENCE crossing the remainder of the said 849.267, with the
1612	1612	east right-of-way line of said Cromwell Drive, with the east line of
1613	1613	the said 1.555 acre tract, with the west line of the tract described
1614	1614	herein, the following ten (10) courses and distances:
1615	1615	1. N 05°55'18'' W, a distance of 349.36 feet to a 1/2-inch iron rod
1616	1616	with a plastic cap stamped "Loomis" previously set for a
1617	1617	point-of-curvature,
1618	1618	2. with the arc of a curve to the right, having a radius of 25.00
1619	1619	feet, an arc distance of 22.83 feet, and a chord bearing N 20°14'36''
1620	1620	E, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap
1621	1621	stamped "Loomis" previously set for a point-of-reverse-curvature,
1622	1622	3. with the arc of a curve to the left, having a radius of 65.00
1623	1623	feet, an arc distance of 15.70 feet, and a chord bearing N 39°29'16''
1624	1624	E, a distance of 15.66 feet to a 1/2-inch iron rod with a plastic cap
1625	1625	stamped "Loomis" previously set for a point-of-reverse-curvature,
1626	1626	4. with the arc of a curve to the right, having a radius of 25.00
1627	1627	feet, an arc distance of 24.54 feet, and a chord bearing N 60°41'33''
1628	1628	E, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap
1629	1629	stamped "Loomis" previously set for a re-entrant corner,
1630	1630	5. N 01°10'55'' W, a distance of 50.00 feet to a 1/2-inch iron rod
1631	1631	with a plastic cap stamped "Loomis" previously set for a point of
1632	1632	non-tangent curvature,
1633	1633	6. with the arc of a curve to the right, having a radius of 25.00
1634	1634	feet, an arc distance of 24.54 feet, and a chord bearing N 63°03'23''
1635	1635	W, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap
1636	1636	stamped "Loomis" previously set for a point-of-reverse-curvature,
1637	1637	7. with the arc of a curve to the left, having a radius of 65.00
1638	1638	feet, an arc distance of 16.38 feet, and a chord bearing N 42°09'04''
1639	1639	W, a distance of 16.34 feet to a 1/2-inch iron rod with a plastic cap
1640	1640	stamped "Loomis" previously set for a point-of-reverse-curvature,
1641	1641	8. with the arc of a curve to the right, having a radius of 25.00
1642	1642	feet, an arc distance of 21.03 feet, and a chord bearing N 25°16'36''
1643	1643	W, a distance of 20.41 feet to a 1/2-inch iron rod with a plastic cap
1644	1644	stamped "Loomis" previously set for a point-of-tangency,
1645	1645	9. N 01°10'55'' W, a distance of 363.92 feet to a 1/2-inch iron rod
1646	1646	with a plastic cap stamped "Loomis" previously set for a
1647	1647	point-of-curvature, and
1648	1648	10. with the arc of a curve to the right, having a radius of 30.00
1649	1649	feet, an arc distance of 41.12 feet, and a chord bearing N 43°49'05''
1650	1650	E, a distance of 42.43 feet to the POINT OF BEGINNING and containing
1651	1651	15.757 acres of land, more or less.
1652	1652	BEARING BASIS: Texas Coordinate System, South Central Zone,
1653	1653	NAD83, Grid.
1654	1654	SECTION 3. (a) The legal notice of the intention to
1655	1655	introduce this Act, setting forth the general substance of this
1656	1656	Act, has been published as provided by law, and the notice and a
1657	1657	copy of this Act have been furnished to all persons, agencies,
1658	1658	officials, or entities to which they are required to be furnished
1659	1659	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1660	1660	Government Code.
1661	1661	(b) The governor, one of the required recipients, has
1662	1662	submitted the notice and Act to the Texas Commission on
1663	1663	Environmental Quality.
1664	1664	(c) The Texas Commission on Environmental Quality has filed
1665	1665	its recommendations relating to this Act with the governor, the
1666	1666	lieutenant governor, and the speaker of the house of
1667	1667	representatives within the required time.
1668	1668	(d) All requirements of the constitution and laws of this
1669	1669	state and the rules and procedures of the legislature with respect
1670	1670	to the notice, introduction, and passage of this Act are fulfilled
1671	1671	and accomplished.
1672	1672	SECTION 4. (a) If this Act does not receive a two-thirds
1673	1673	vote of all the members elected to each house, Subchapter C, Chapter
1674	1674	7988, Special District Local Laws Code, as added by Section 1 of
1675	1675	this Act, is amended by adding Section 7988.107 to read as follows:
1676	1676	Sec. 7988.107. NO EMINENT DOMAIN POWER. The district may
1677	1677	not exercise the power of eminent domain.
1678	1678	(b) This section is not intended to be an expression of a
1679	1679	legislative interpretation of the requirements of Section 17(c),
1680	1680	Article I, Texas Constitution.
1681	1681	SECTION 5. This Act takes effect immediately if it receives
1682	1682	a vote of two-thirds of all the members elected to each house, as
1683	1683	provided by Section 39, Article III, Texas Constitution. If this
1684	1684	Act does not receive the vote necessary for immediate effect, this
1685	1685	Act takes effect September 1, 2017.