Texas 2017 - 85th Regular

Texas Senate Bill SB2245 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2245
	1	+	By: Campbell S.B. No. 2245
	2	+	(Isaac)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the North Hays County Municipal Utility
6	8		District No. 2; granting a limited power of eminent domain;
7	9		providing authority to issue bonds; providing authority to impose
8	10		assessments, fees, and taxes.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 7988 to read as follows:
12	14		CHAPTER 7988. NORTH HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 7988.001. DEFINITIONS. In this chapter:
15	17		(1) "Board" means the district's board of directors.
16	18		(2) "Commission" means the Texas Commission on
17	19		Environmental Quality.
18	20		(3) "Director" means a board member.
19	21		(4) "District" means the North Hays County Municipal
20	22		Utility District No. 2.
21	23		Sec. 7988.002. NATURE OF DISTRICT. The district is a
22	24		municipal utility district created under Section 59, Article XVI,
23	25		Texas Constitution.
24	26		Sec. 7988.003. CONFIRMATION AND DIRECTORS' ELECTION
25	27		REQUIRED. The temporary directors shall hold an election to
26	28		confirm the creation of the district and to elect five permanent
27	29		directors as provided by Section 49.102, Water Code.
28	30		Sec. 7988.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	31		temporary directors may not hold an election under Section 7988.003
30	32		until each municipality in whose corporate limits or
31	33		extraterritorial jurisdiction the district is located has
32	34		consented by ordinance or resolution to the creation of the
33	35		district and to the inclusion of land in the district.
34	36		Sec. 7988.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	37		(a) The district is created to serve a public purpose and benefit.
36	38		(b) The district is created to accomplish the purposes of:
37	39		(1) a municipal utility district as provided by
38	40		general law and Section 59, Article XVI, Texas Constitution; and
39	41		(2) Section 52, Article III, Texas Constitution, that
40	42		relate to the construction, acquisition, improvement, operation,
41	43		or maintenance of macadamized, graveled, or paved roads, or
42	44		improvements, including storm drainage, in aid of those roads.
43	45		Sec. 7988.006. INITIAL DISTRICT TERRITORY. (a) The
44	46		district is initially composed of the territory described by
45	47		Section 2 of the Act enacting this chapter.
46	48		(b) The boundaries and field notes contained in Section 2 of
47	49		the Act enacting this chapter form a closure. A mistake made in the
48	50		field notes or in copying the field notes in the legislative process
49	51		does not affect the district's:
50	52		(1) organization, existence, or validity;
51	53		(2) right to issue any type of bond for the purposes
52	54		for which the district is created or to pay the principal of and
53	55		interest on a bond;
54	56		(3) right to impose a tax; or
55	57		(4) legality or operation.
56	58		SUBCHAPTER B. BOARD OF DIRECTORS
57	59		Sec. 7988.051. GOVERNING BODY; TERMS. (a) The district is
58	60		governed by a board of five elected directors.
59	61		(b) Except as provided by Section 7988.052, directors serve
60	62		staggered four-year terms.
61	63		Sec. 7988.052. TEMPORARY DIRECTORS. (a) The temporary
62	64		board consists of:
63	65		(1) Hillary Sotello;
64	66		(2) Paul Byars;
65	67		(3) Meghan Skornia;
66	68		(4) Bailey Harrington; and
67	69		(5) Kevin Howard.
68	70		(b) Temporary directors serve until the earlier of:
69	71		(1) the date permanent directors are elected under
70	72		Section 7988.003; or
71	73		(2) the fourth anniversary of the effective date of
72	74		the Act enacting this chapter.
73	75		(c) If permanent directors have not been elected under
74	76		Section 7988.003 and the terms of the temporary directors have
75	77		expired, successor temporary directors shall be appointed or
76	78		reappointed as provided by Subsection (d) to serve terms that
77	79		expire on the earlier of:
78	80		(1) the date permanent directors are elected under
79	81		Section 7988.003; or
80	82		(2) the fourth anniversary of the date of the
81	83		appointment or reappointment.
82	84		(d) If Subsection (c) applies, the owner or owners of a
83	85		majority of the assessed value of the real property in the district
84	86		may submit a petition to the commission requesting that the
85	87		commission appoint as successor temporary directors the five
86	88		persons named in the petition. The commission shall appoint as
87	89		successor temporary directors the five persons named in the
88	90		petition.
89	91		SUBCHAPTER C. POWERS AND DUTIES
90	92		Sec. 7988.101. GENERAL POWERS AND DUTIES. The district has
91	93		the powers and duties necessary to accomplish the purposes for
92	94		which the district is created.
93	95		Sec. 7988.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	96		DUTIES. The district has the powers and duties provided by the
95	97		general law of this state, including Chapters 49 and 54, Water Code,
96	98		applicable to municipal utility districts created under Section 59,
97	99		Article XVI, Texas Constitution.
98	100		Sec. 7988.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	101		52, Article III, Texas Constitution, the district may design,
100	102		acquire, construct, finance, issue bonds for, improve, operate,
101	103		maintain, and convey to this state, a county, or a municipality for
102	104		operation and maintenance macadamized, graveled, or paved roads, or
103	105		improvements, including storm drainage, in aid of those roads.
104	106		Sec. 7988.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	107		road project must meet all applicable construction standards,
106	108		zoning and subdivision requirements, and regulations of each
107	109		municipality in whose corporate limits or extraterritorial
108	110		jurisdiction the road project is located.
109	111		(b) If a road project is not located in the corporate limits
110	112		or extraterritorial jurisdiction of a municipality, the road
111	113		project must meet all applicable construction standards,
112	114		subdivision requirements, and regulations of each county in which
113	115		the road project is located.
114	116		(c) If the state will maintain and operate the road, the
115	117		Texas Transportation Commission must approve the plans and
116	118		specifications of the road project.
117	119		Sec. 7988.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	120		OR RESOLUTION. The district shall comply with all applicable
119	121		requirements of any ordinance or resolution that is adopted under
120	122		Section 54.016 or 54.0165, Water Code, and that consents to the
121	123		creation of the district or to the inclusion of land in the
122	124		district.
123	125		Sec. 7988.106. DIVISION OF DISTRICT. (a) The district may
124	126		be divided into two or more new districts only if:
125	127		(1) the district has no outstanding bonded debt; and
126	128		(2) the district is not imposing ad valorem taxes.
127	129		(b) This chapter applies to any new district created by the
128	130		division of the district, and a new district has all the powers and
129	131		duties of the district.
130	132		(c) Any new district created by the division of the district
131	133		may not, at the time the new district is created, contain any land
132	134		outside the area described by Section 2 of the Act creating this
133	135		chapter.
134	136		(d) The board, on its own motion or on receipt of a petition
135	137		signed by the owner or owners of a majority of the assessed value of
136	138		the real property in the district, may adopt an order dividing the
137	139		district.
138	140		(e) The board may adopt an order dividing the district
139	141		before or after the date the board holds an election under Section
140	142		7988.003 to confirm the creation of the district.
141	143		(f) An order dividing the district shall:
142	144		(1) name each new district;
143	145		(2) include the metes and bounds description of the
144	146		territory of each new district;
145	147		(3) appoint temporary directors for each new district;
146	148		and
147	149		(4) provide for the division of assets and liabilities
148	150		between or among the new districts.
149	151		(g) On or before the 30th day after the date of adoption of
150	152		an order dividing the district, the district shall file the order
151	153		with the commission and record the order in the real property
152	154		records of each county in which the district is located.
153	155		(h) Any new district created by the division of the district
154	156		shall hold a confirmation and directors' election as required by
155	157		Section 7988.003.
156	158		(i) If the creation of the new district is confirmed, the
157	159		new district shall provide the election date and results to the
158	160		commission.
159	161		(j) Any new district created by the division of the district
160	162		must hold an election as required by this chapter to obtain voter
161	163		approval before the district may impose a maintenance tax or issue
162	164		bonds payable wholly or partly from ad valorem taxes.
163	165		(k) Municipal consent to the creation of the district and to
164	166		the inclusion of land in the district granted under Section
165	167		7988.004 acts as municipal consent to the creation of any new
166	168		district created by the division of the district and to the
167	169		inclusion of land in the new district.
168	170		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169	171		Sec. 7988.151. ELECTIONS REGARDING TAXES OR BONDS.
170	172		(a) The district may issue, without an election, bonds and other
171	173		obligations secured by:
172	174		(1) revenue other than ad valorem taxes; or
173	175		(2) contract payments described by Section 7988.153.
174	176		(b) The district must hold an election in the manner
175	177		provided by Chapters 49 and 54, Water Code, to obtain voter approval
176	178		before the district may impose an ad valorem tax or issue bonds
177	179		payable from ad valorem taxes.
178	180		(c) The district may not issue bonds payable from ad valorem
179	181		taxes to finance a road project unless the issuance is approved by a
180	182		vote of a two-thirds majority of the district voters voting at an
181	183		election held for that purpose.
182	184		Sec. 7988.152. OPERATION AND MAINTENANCE TAX. (a) If
183	185		authorized at an election held under Section 7988.151, the district
184	186		may impose an operation and maintenance tax on taxable property in
185	187		the district in accordance with Section 49.107, Water Code.
186	188		(b) The board shall determine the tax rate. The rate may not
187	189		exceed the rate approved at the election.
188	190		Sec. 7988.153. CONTRACT TAXES. (a) In accordance with
189	191		Section 49.108, Water Code, the district may impose a tax other than
190	192		an operation and maintenance tax and use the revenue derived from
191	193		the tax to make payments under a contract after the provisions of
192	194		the contract have been approved by a majority of the district voters
193	195		voting at an election held for that purpose.
194	196		(b) A contract approved by the district voters may contain a
195	197		provision stating that the contract may be modified or amended by
196	198		the board without further voter approval.
197	199		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
198	200		Sec. 7988.201. AUTHORITY TO ISSUE BONDS AND OTHER
199	201		OBLIGATIONS. The district may issue bonds or other obligations
200	202		payable wholly or partly from ad valorem taxes, impact fees,
201	203		revenue, contract payments, grants, or other district money, or any
202	204		combination of those sources, to pay for any authorized district
203	205		purpose.
204	206		Sec. 7988.202. TAXES FOR BONDS. At the time the district
205	207		issues bonds payable wholly or partly from ad valorem taxes, the
206	208		board shall provide for the annual imposition of a continuing
207	209		direct ad valorem tax, without limit as to rate or amount, while all
208	210		or part of the bonds are outstanding as required and in the manner
209	211		provided by Sections 54.601 and 54.602, Water Code.
210	212		Sec. 7988.203. BONDS FOR ROAD PROJECTS. At the time of
211	213		issuance, the total principal amount of bonds or other obligations
212	214		issued or incurred to finance road projects and payable from ad
213	215		valorem taxes may not exceed one-fourth of the assessed value of the
214	216		real property in the district.
215	217		SECTION 2. The North Hays County Municipal Utility District
216	218		No. 2 initially includes all the territory contained in the
217	219		following area:
218	220		TRACT 1
219	221		DESCRIPTION OF 156.881 ACRES LAND IN THE M.M. MCCARVER SURVEY
220	222		NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A
221	223		CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND
222	224		DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF
223	225		RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS
224	226		COUNTY, TEXAS; SAID 156.881 ACRES OF LAND AS SURVEYED BY BOWMAN
225	227		CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES
226	228		AND BOUNDS AS FOLLOWS:
227	229		BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
228	230		"LAI" previously set in the west right-of-way line of that certain
229	231		Union Pacific Railroad right-of-way described in the deed to
230	232		International & Great Northern Railroad Company of record in Volume
231	233		H, Page 22, Deed Records of Hays County, Texas, in the east line of
232	234		the said 983.99 acre tract, for the northeast corner of that certain
233	235		called 0.576 acre tract designated as Tract 4 and described in the
234	236		deed to the City of Kyle, Texas of record in Volume 3220, Page 508,
235	237		Official Public Records of Hays County, Texas, being the north
236	238		right-of-way line of Kohlers Crossing, a variable-width
237	239		right-of-way, for the southerly southeast corner and POINT OF
238	240		BEGINNING of the tract described herein;
239	241		THENCE leaving the west right-of-way line of the said Union
240	242		Pacific Railroad right-of-way, with the north right-of-way line of
241	243		said Kohlers Crossing, with the north line of the said 0.576 acre
242	244		tract, and with the south line of the tract described herein, the
243	245		following two (2) courses and distances:
244	246		1. S 88°53'49" W, a distance of 1,304.72 feet to a 1/2-inch iron rod
245	247		with a plastic cap stamped "Loomis" previously set for an angle
246	248		point, and
247	249		2. S 88°49'05" W, a distance of 332.13 feet to a 1/2-inch iron rod
248	250		with a plastic cap stamped "LAI" previously set at the intersection
249	251		of the north right-of-way line of said Kohlers Crossing and the east
250	252		right-of-way line of Kyle Parkway, at the southeast corner of a
251	253		certain called 28.91 acre tract described in the dedication of
252	254		public right-of-way to the City of Kyle, Texas of record in Volume
253	255		4122, Page 67, Official Public Records of Hays County, Texas, for
254	256		the southerly southwest corner of the tract described herein;
255	257		THENCE leaving the north right-of-way line of said Kohlers
256	258		Crossing, with the east right-of-way line of said Kyle Parkway,
257	259		crossing the said 983.99 acre tract, with the east line of the said
258	260		28.91 acre tract, with the west line of the tract described herein,
259	261		the following four (4) courses and distances:
260	262		1. N 47°23'20" W, a distance of 50.34 feet to a 1/2-inch iron rod
261	263		with a plastic cap stamped "LAI" previously set for an angle point,
262	264		for the westerly southwest corner of the tract described herein,
263	265		2. N 03°39'40" W, a distance of 355.98 feet to a 1/2-inch iron rod
264	266		with a plastic cap stamped "LAI" previously set for a
265	267		point-of-curvature,
266	268		3. with the arc of a curve to the right, having a radius of
267	269		2,764.78 feet, an arc distance of 355.80 feet, and a chord which
268	270		bears N 00°01'17" E, a distance of 355.55 feet to a 1/2-inch iron rod
269	271		with a plastic cap stamped "LAI" previously set for a
270	272		point-of-tangency, and
271	273		4. N 03°42'29" E, a distance of 1,223.27 feet to a calculated point
272	274		for the south corner of a certain called 0.931 acre tract designated
273	275		as Parcel 4 and described in the deed to the City of Kyle, Texas of
274	276		record in Volume 4122, Page 86, Official Public Records of Hays
275	277		County, Texas, for an angle point in the west line of the tract
276	278		described herein, from which a Texas Department of Transportation
277	279		(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found
278	280		bears N 13°25' E, a distance of 0.38 feet;
279	281		THENCE continuing across the said 983.99 acre tract, with the
280	282		east right-of-way line of said Kyle Parkway, with the east line of
281	283		the said 0.931 acre tract, and with the west line of the tract
282	284		described herein, the following three (3) courses and distances:
283	285		1. N 08°32'06" E, a distance of 238.83 feet to a Texas Department of
284	286		Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
285	287		concrete) found at an angle point,
286	288		2. N 03°43'16" E, a distance of 464.30 feet to a Texas Department of
287	289		Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
288	290		concrete) found at a point-of-curvature, and
289	291		3. with the arc of a curve to the left, having a radius 2,984.79
290	292		feet, an arc distance of 864.55 feet, and a chord which bears N
291	293		04°35'15" W, a distance of 861.53 feet to a calculated point for the
292	294		northwest corner of the tract described herein, from which a Texas
293	295		Department of Transportation (TxDOT) Type 2 right-of-way monument
294	296		(brass disk in concrete) found at a point-of-tangency in the east
295	297		right-of-way line of said Kyle Parkway and the east line of the said
296	298		0.931 acre tract bears with the arc of a curve to the left, having a
297	299		radius of 2,984.79 feet, an arc distance of 451.18 feet, and a chord
298	300		which bears N 17°12'57" W, a distance of 450.75 feet;
299	301		THENCE leaving the east right-of-way line of said Kyle
300	302		Parkway and the east line of the said 0.931 acre tract, crossing the
301	303		said 983.99 acre tract, with the north line of the tract described
302	304		herein, the following seven (7) courses and distances:
303	305		1. N 78°54'52" E, a distance of 599.41 feet to a calculated angle
304	306		point,
305	307		2. N 84°23'20" E, a distance of 307.89 feet to a calculated angle
306	308		point,
307	309		3. N 89°38'16" E, a distance of 365.98 feet to a calculated angle
308	310		point,
309	311		4. S 79°24'43" E, a distance of 289.83 feet to a calculated angle
310	312		point,
311	313		5. S 63°16'05" E, a distance of 339.74 feet to a calculated angle
312	314		point,
313	315		6. S 70°05'41" E, a distance of 312.86 feet to a calculated angle
314	316		point, and
315	317		7. S 70°11'42" E, a distance of 218.01 feet to a calculated point in
316	318		the west right-of-way line of the said Union Pacific Railroad and
317	319		the east line of the said 983.99 acre tract, for the northeast
318	320		corner of the tract described herein, from which a 1/2-inch iron rod
319	321		found in the west right-of-way line of the said Union Pacific
320	322		Railroad at the northeast corner of the said 983.99 acre tract, at
321	323		the southeast corner of a certain called 151.960 acre tract
322	324		described in a deed to Flint Hills Resources Central Texas, LLC of
323	325		record in Document No. 2015-15008284, Official Public Records of
324	326		Hays County, Texas, bears N 13°28'48" E, a distance of 1,692.66
325	327		feet;
326	328		THENCE S 13°28'48" W, with the west right-of-way line of the
327	329		said Union Pacific Railroad and the east line of the said 983.99
328	330		acre tract, with an east line of the tract described herein, a
329	331		distance of 781.12 feet to a calculated point at the northeast
330	332		corner of that certain tract of land dedicated to the International &
331	333		Great Northern Railroad of record in Volume N, Page 428, Deed
332	334		Records of Hays County, Texas, for the southeast corner of the tract
333	335		described herein, from which a 1/2-inch iron rod found bears S
334	336		88°18' W, a distance of 0.23 feet;
335	337		THENCE with the north and west right-of-way line of the said
336	338		Union Pacific Railroad, same being the said International & Great
337	339		Northern Railroad of record in Volume N, Page 428, Deed Records of
338	340		Hays County, Texas, and a south and east line of the said 983.99
339	341		acre tract, with a south and east line of the tract described
340	342		herein, the following two (2) courses and distances:
341	343		1. S 88°17'16" W, a distance of 378.46 feet to a 1/2-inch iron rod
342	344		found at the northwest corner of the said International & Great
343	345		Northern Railroad tract, at a re-entrant corner of the said 983.99
344	346		acre tract, for a re-entrant corner of the tract described herein,
345	347		and
346	348		2. S 00°43'41" E, a distance of 1,693.36 feet to a calculated point
347	349		in the west right-of-way line of the said Union Pacific Railroad
348	350		right-of-way, at the south corner of the said International & Great
349	351		Northern Railroad tract, at an angle point in the east line of the
350	352		said 983.99 acre tract, for an angle point in the east line of the
351	353		tract described herein;
352	354		THENCE S 13°28'03" W, with the west right-of-way line of the
353	355		said Union Pacific Railroad and the east line of the said 983.99
354	356		acre tract, with the east line of the tract described herein, a
355	357		distance of 811.29 feet to the POINT OF BEGINNING and containing
356	358		156.881 acres of land, more or less.
357	359		BEARING BASIS: Texas Coordinate System, South Central Zone,
358	360		NAD83, Grid.
359	361		TRACT 2
360	362		DESCRIPTION OF 105.19 ACRES OF LAND IN THE JOHN COOPER
361	363		SURVEY NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, AND
362	364		THE JESSE DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A
363	365		PORTION OF THAT CERTAIN CALLED 185.77 ACRES OF LAND
364	366		DESIGNATED AS TRACT 4 OF EXHIBIT "A" DESCRIBED IN THE DEED TO
365	367		MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139,
366	368		OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 105.19
367	369		ACRES OF LAND, AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD.,
368	370		BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
369	371		FOLLOWS:
370	372		BEGINNING at a 1/2-inch iron rod with plastic cap
371	373		stamped "LOOMIS" previously set in the south right-of-way
372	374		line of Kohlers Crossing (Hays County Road No. 171), a
373	375		varying width right-of-way, in the east line of that certain
374	376		40-foot wide tract of land described in the deed to
375	377		International and Great Northern Railroad Company of record
376	378		in Volume H, Page 25, Deed Records of Hays County, Texas,
377	379		being 20-ft east of the centerline of the railroad track, for
378	380		the southwest corner of a certain called 0.498 of one acre
379	381		tract designated as Parcel 5, Tract 1 and described in
380	382		Exhibit A in the deed to the City of Kyle, Texas of record in
381	383		Volume 3218, Page 810, Official Public Records of Hays
382	384		County, Texas, for the northwest corner and POINT OF
383	385		BEGINNING of the tract described herein;
384	386		THENCE N 88° 52' 31" E, with the south right-of-way line
385	387		of said Kohlers Crossing and the south line of the said 1.845
386	388		acre tract, with the north line of the tract described
387	389		herein, a distance of 1,117.83 feet to a 1/2-inch iron rod
388	390		with plastic cap stamped "BCG" set for the northwest corner
389	391		of Lot 1, Block A, Plum Creek Phase I, Lot 1, Block A Business
390	392		Park, a subdivision according to the plat of record in
391	393		Cabinet 14, Slides 34-35, Plat Records of Hays County, Texas,
392	394		and for the southwest corner of a certain called 0.187 of one
393	395		acre tract described in the deed to Plum Creek Development
394	396		Partners, Ltd. of record in Volume 3145, Page 369, Official
395	397		Public Records of Hays County, Texas and dedicated as
396	398		right-of-way in the said Plum Creek Phase I, Lot 1, Block A
397	399		Business Park plat, for the northerly northeast corner of the
398	400		tract described herein;
399	401		THENCE leaving the south right-of-way line of said
400	402		Kohlers Crossing, with the west and south lines of said Lot 1,
401	403		Block A, Plum Creek Phase I, Lot 1, Block A Business Park,
402	404		with the an east and north line of the tract described herein,
403	405		the following two (2) courses and distances:
404	406		1. S 01° 07' 29" E. a distance of 669.00 feet to a 1/2-inch
405	407		iron rod with plastic cap stamped "LAI" previously set for
406	408		the southwest corner of said Lot 1, Block A, Plum Creek Phase
407	409		I, Lot 1, Block A Business Park, and for a re-entrant corner
408	410		of the tract described herein, and
409	411		2. N 88° 52' 31" E, a distance of 326.00 feet to a 1/2-inch
410	412		iron rod with plastic cap stamped "LOOMIS" previously set in
411	413		the west line of a certain called 3.239 acre tract described
412	414		in the deed to Plum Creek Development Partners, LTD. of
413	415		record in Volume 3181, Page 307, Official Public Records of
414	416		Hays County, Texas, same being the west right-of-way line of
415	417		Marketplace Avenue, an 80-foot right-of-way, as shown on the
416	418		said Plum Creek Phase I, Lot 1, Block A Business Park plat,
417	419		for the southeast corner of said Lot 1, Block A, Plum Creek
418	420		Phase I, Lot 1, Block A Business Park, for the easterly
419	421		northeast corner of the tract described herein;
420	422		THENCE S 01° 07' 29" E, with the west right-of-way line
421	423		of said Marketplace Avenue and the west line of the said 3.239
422	424		acre tract, with the east line of the tract described herein,
423	425		a distance of 1,106.69 feet to a 1/2-inch iron rod with
424	426		plastic cap stamped "LAI" previously set in the south line of
425	427		the said 185.77 acre tract and the northwest line of a certain
426	428		called 126.130 acre tract designated as Tract 1 and described
427	429		in the deed to Sheldon-Tanglewood, LTD. of record in Volume
428	430		2495, Page 677, Official Public Records of Hays County,
429	431		Texas, for the easterly southeast corner of the tract
430	432		described herein;
431	433		THENCE S 46° 04' 39" W, leaving the west right-of-way
432	434		line of said Marketplace Avenue, with the south line of the
433	435		said 185.77 acre tract and the northwest line of the said
434	436		126.130 acre tract, with the southeast line of the tract
435	437		described herein, at a distance of approximately 927.4 feet,
436	438		passing the west corner of the said 126.130 acre tract and the
437	439		north corner of a certain called 70.657 acre tract designated
438	440		as Kirkham Tract I and described in the deed to
439	441		Sheldon-Tanglewood, LTD. of record in Volume 2495, Page 658,
440	442		Official Public Records of Hays County, Texas, and continuing
441	443		with the south line of the said 185.77 acre tract and the
442	444		northwest line of the said 70.657 acre tract for a total
443	445		distance of 2,923.83 feet to a 1/2-inch iron rod with plastic
444	446		cap stamped "BCG" set in the northeast right-of-way line of
445	447		F.M. 1626, a varying-width right-of-way, for the east corner
446	448		of a certain called 0.04 acre tract described in the deed to
447	449		the City of Kyle, Texas of record in Volume 1871, Page 241,
448	450		Official Public Records of Hays County, Texas, and dedicated
449	451		as right-of-way in Exhibit A of record in Volume 4122, Page
450	452		67, Official Public Records of Hays County, Texas, and for
451	453		the northerly northwest corner of a certain called 9.20 acre
452	454		tract described in the deed to the City of Kyle, Texas of
453	455		record in Volume 2022, Page 363, Official Public Records of
454	456		Hays County, Texas, for the southerly southwest corner of the
455	457		tract described herein;
456	458		THENCE N 60° 06' 35" W, with the northeast right-of-way
457	459		line of said F.M. 1626 and the northeast line of the said 0.04
458	460		acre tract, with the southwest line of the tract described
459	461		herein, a distance of 44.60 feet to a 1/2-inch iron rod with
460	462		plastic cap stamped "LAI" previously set in the east line of
461	463		the said International and Great Northern Railroad Company
462	464		tract for the westerly southwest corner of the tract
463	465		described herein;
464	466		THENCE with the east line of the said International and
465	467		Great Northern Railroad Company tract and the west line of
466	468		the tract described herein, the following three (3) courses
467	469		and distances:
468	470		1. N 09° 02' 18" E, a distance of 2,648.42 feet to a 1/2-inch
469	471		iron rod with plastic cap stamped "LOOMIS" previously set for
470	472		a point of curvature,
471	473		2. with an arc of a curve to the right, having a radius of
472	474		7,380.00 feet, an arc distance of 575.74 feet and a chord
473	475		which bears N 11° 16' 24" E, a distance of 575.59 feet to a
474	476		1/2-inch iron rod with plastic cap stamped "LOOMIS"
475	477		previously set for a point of tangency, and
476	478		3. N 13° 30' 30" E, a distance of 589.29 feet to the POINT OF
477	479		BEGINNING and containing 105.19 acres of land more or less.
478	480		BEARING BASIS: Bearings recited herein are Texas Coordinate
479	481		System, South Central Zone, NAD83, Grid.
480	482		TRACT 3
481	483		DESCRIPTION OF 23.676 ACRES LAND IN THE JOHN COOPER SURVEY
482	484		NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, AND THE JESSE
483	485		DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF A CERTAIN
484	486		CALLED 185.77 ACRES OF LAND DESCRIBED AS TRACT 4 OF EXHIBIT "A" IN A
485	487		DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME
486	488		2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID
487	489		23.676 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD.,
488	490		BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
489	491		BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
490	492		"LAI" previously set at the intersection of the south right-of-way
491	493		line of Kohlers Crossing (County Road 171), a varying-width
492	494		right-of-way, and the east right-of-way line of Marketplace Avenue,
493	495		a 60-foot right-of-way, as shown on the Plum Creek Phase 1, Lot 1,
494	496		Block A, Business Park plat of record in Cabinet 14, Pages 34-35,
495	497		Plat Records of Hays County, Texas, same being the southwest corner
496	498		of a certain called 1.347 acre tract designated as Parcel 5, Tract 2
497	499		and described in Exhibit A in the deed to the City of Kyle, Texas of
498	500		record in Volume 3218, Page 810, Official Public Records of Hays
499	501		County, Texas, for the northwest corner and POINT OF BEGINNING of
500	502		the tract described herein;
501	503		THENCE leaving the east right-of-way line of said Marketplace
502	504		Avenue, with the south right-of-way line of said Kohlers Crossing,
503	505		with the south line of the said 1.347 acre tract, and the north line
504	506		of the tract described herein, the following three (3) courses and
505	507		distances:
506	508		1. N 88°52'31" E, a distance of 699.00 feet to a 1/2-inch iron rod
507	509		with a plastic cap stamped "LAI" previously set for a re-entrant
508	510		corner of the said 1.347 acre tract, for the northerly northeast
509	511		corner of the tract described herein,
510	512		2. S 01°07'29" E, a distance of 15.00 feet to a 1/2-inch iron rod
511	513		with a plastic cap stamped "LAI" previously set for a southwest
512	514		corner of the said 1.347 acre tract, for a re-entrant corner of the
513	515		tract described herein, and
514	516		3. N 88°52'31" E, a distance of 125.82 feet to a calculated point
515	517		for the easterly northeast corner of the tract described herein,
516	518		from which a 1/2-inch iron rod with a plastic cap stamped "LAI"
517	519		previously set for a southeast corner of the said 1.347 acre tract
518	520		in the south right-of-way line of said Kohlers Crossing bears N
519	521		88°52'31" E, a distance of 249.78 feet;
520	522		THENCE S 05°29'35" W, leaving the south right-of-way line of
521	523		said Kohlers Crossing and the south line of the said 1.347 acre
522	524		tract, crossing the said 185.77 acre tract, with the east line of
523	525		the tract described herein, a distance of 1,040.89 feet to a
524	526		1/2-inch iron rod found at an angle point in the south line of the
525	527		said 185.77 acre tract, same being a north corner of a certain
526	528		called 126.130 acre tract designated as Tract I and described in the
527	529		deed to Sheldon - Tanglewood, Ltd. of record in Volume 2495, Page
528	530		677, Official Public Records of Hays County, Texas, for the
529	531		southeast corner of the tract described herein;
530	532		THENCE S 46°04'39" W, with a southeast line of the said 185.77
531	533		acre tract and the northwest line of the said 126.130 acre tract,
532	534		with the southeast line of the tract described herein, at a distance
533	535		of 899.28 feet, a 1/2-inch iron rod with a plastic cap stamped "MW
534	536		Cude" found bears S 43°55'14" E, a distance of 3.81 feet, and
535	537		continuing for a total distance of 960.62 feet to a 1/2-inch iron
536	538		rod with a plastic cap stamped "LAI" previously set for the
537	539		southeast terminus of said Marketplace Avenue, for the southwest
538	540		corner of the tract described herein;
539	541		THENCE N 01°07'29" W, leaving the northwest line of the said
540	542		126.130 acre tract, with the east right-of-way line of said
541	543		Marketplace Avenue, with the west line of the tract described
542	544		herein, a distance of 1,701.61 feet to the POINT OF BEGINNING and
543	545		containing 23.676 acres of land, more or less.
544	546		BEARING BASIS: Texas Coordinate System, South Central Zone,
545	547		NAD83, Grid.
546	548		TRACT 4
547	549		DESCRIPTION OF 46.400 ACRES LAND IN THE JOHN COOPER SURVEY
548	550		NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, THE THOMAS ALLEN
549	551		SURVEY NO. 1, A-26, AND THE JOHN KING SURVEY NO. 20, A-276, HAYS
550	552		COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 185.77 ACRES OF
551	553		LAND DESCRIBED AS TRACT 4 OF EXHIBIT "A" IN A DEED WITHOUT WARRANTY
552	554		TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, OFFICIAL
553	555		PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING ALL OF A CERTAIN
554	556		CALLED 0.353 ACRE TRACT DESCRIBED IN THE DEED TO PLUM CREEK
555	557		DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 2902, PAGE 563,
556	558		OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 46.400 ACRES OF
557	559		LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE
558	560		PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
559	561		BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
560	562		"LAI" previously set at the intersection of the west right-of-way
561	563		line of Hays County Road No. 210, also known as Dry Hole Road and as
562	564		Old State Highway No. 2, a variable-width right-of-way, and the
563	565		south right-of-way line of Kohlers Crossing, a variable-width
564	566		right-of-way, same being the southeast corner of a certain called
565	567		1.347 acre tract designated as Tract 2 and described in the deed to
566	568		the City of Kyle, Texas of record in Volume 3218, Page 810, Official
567	569		Public Records of Hays County, Texas, for the easterly northeast
568	570		corner and POINT OF BEGINNING of the tract described herein;
569	571		THENCE leaving the south right-of-way line of said Kohlers
570	572		Crossing, with the west right-of-way line of said Hays County Road
571	573		No. 210, and the east line of the said 185.77 acre tract, with the
572	574		east line of the tract described herein, the following three (3)
573	575		courses and distances:
574	576		1. S 00°25'18" W, at a distance of 7.98 feet, passing a 1/2-inch
575	577		iron rod with a plastic cap stamped "LAI" previously set for the
576	578		northeast corner of the said 0.353 acre tract, and continuing for a
577	579		total distance of 446.78 feet to a 1/2-inch iron rod with a plastic
578	580		cap stamped "LAI" previously set for an angle point,
579	581		2. S 08°52'40" W, a distance of 965.87 feet to a 1/2-inch iron rod
580	582		with a plastic cap stamped "LAI" previously set for an angle point,
581	583		and
582	584		3. S 13°43'40" W, a distance of 229.23 feet to a 1/2-inch iron rod
583	585		found at the southeast corner of the said 185.77 acre tract, the
584	586		southeast corner of the said 0.353 acre tract, the northeast corner
585	587		of a certain called 126.130 acre tract designated as Tract I and
586	588		described in the deed to Sheldon - Tanglewood, Ltd. of record in
587	589		Volume 2495, Page 677, Official Public Records of Hays County,
588	590		Texas, same being the northeast corner of a certain called 0.390
589	591		acre tract designated as Parcel No. 3 and described in the deed to
590	592		Hays County, Texas of record in Volume 2941, Page 666, Official
591	593		Public Records of Hays County, Texas, for the southeast corner of
592	594		the tract described herein;
593	595		THENCE leaving the west right-of-way line of said Hays County
594	596		Road No. 210, with a southwest line of the said 185.77 acre tract
595	597		and the northeast line of the said 126.130 acre tract, with the
596	598		south line of the tract described herein, the following two (2)
597	599		courses and distances:
598	600		1. N 67°09'34" W, at a distance of 12.20 feet, passing a 1/2-inch
599	601		iron rod with a plastic cap stamped "LAI" previously set for the
600	602		southwest corner of the said 0.353 acre tract and the northwest
601	603		corner of the said 0.390 acre tract, at a distance of 548.41 feet, a
602	604		1/2-inch iron rod with a plastic cap stamped "MW Cude" found bears S
603	605		22°50'26" W, a distance of 1.48 feet, at a distance of 1,064.14 feet,
604	606		a 1/2-inch iron rod with a plastic cap stamped "MW Cude" found bears
605	607		S 22°50'26" W, a distance of 1.18 feet, and continuing for a total
606	608		distance of 1,130.45 feet to a 60-d nail found in an old tree stump
607	609		for an angle point in the south line of the tract described herein,
608	610		and
609	611		2. N 67°08'12" W, at a distance of 31.10 feet, a 1/2-inch iron rod
610	612		with a plastic cap stamped "MW Cude" found bears S 22°51'48" W, a
611	613		distance of 1.04 feet, and continuing for a total distance of 353.96
612	614		feet to a 1/2-inch iron rod found at an angle point in the south line
613	615		of the said 185.77 acre tract, same being the north corner of the
614	616		said 126.130 acre tract, for the southwest corner of the tract
615	617		described herein;
616	618		THENCE N 05°29'35" E, leaving the north line of the said
617	619		126.130 acre tract, crossing the said 185.77 acre tract, with the
618	620		west line of the tract described herein, a distance of 1,040.89 feet
619	621		to a calculated point in the south right-of-way line of said Kohlers
620	622		Crossing and the south line of the said 1.347 acre tract, for the
621	623		westerly northwest corner of the tract described herein, from which
622	624		a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set
623	625		for a southwest corner of the said 1.347 acre tract bears S 88°52'31"
624	626		W, a distance of 125.83 feet;
625	627		THENCE with the south right-of-way line of said Kohlers
626	628		Crossing, with the south line of the said 1.347 acre tract, with the
627	629		north lines of the tract described herein, the following four (4)
628	630		courses and distances:
629	631		1. N 88°52'31" E, a distance of 249.77 feet to a 1/2-inch iron rod
630	632		with a plastic cap stamped "LAI" previously set for a southeast
631	633		corner of the said 1.347 acre tract, for a re-entrant corner of the
632	634		tract described herein,
633	635		2. N 01°07'29" W, a distance of 18.00 feet to a 1/2-inch iron rod
634	636		with a plastic cap stamped "LAI" previously set for a re-entrant
635	637		corner of the said 1.347 acre tract, for the northerly northwest
636	638		corner of the tract described herein,
637	639		3. N 88°52'31" E, a distance of 1,191.46 feet to a 1/2-inch iron rod
638	640		with a plastic cap stamped "LAI" previously set for an angle point
639	641		of the said 1.347 acre tract, for the northerly northeast corner of
640	642		the tract described herein, and
641	643		4. S 44°34'42" E, a distance of 49.09 feet to the POINT OF BEGINNING
642	644		and containing 46.400 acres of land, more or less.
643	645		BEARING BASIS: Texas Coordinate System, South Central Zone,
644	646		NAD83, Grid.
645	647		TRACT 5
646	648		DESCRIPTION OF 157.726 ACRES LAND IN THE M.M. MCCARVER SURVEY
647	649		NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A
648	650		CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND
649	651		DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF
650	652		RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS
651	653		COUNTY, TEXAS; SAID 157.726 ACRES OF LAND AS SURVEYED BY BOWMAN
652	654		CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES
653	655		AND BOUNDS AS FOLLOWS:
654	656		BEGINNING at a mag-nail previously set in the north line of
655	657		the said 983.99 acre tract and the south line of a certain tract of
656	658		land described in the deed to Texas-Lehigh Cement Company of record
657	659		in Volume 609, Page 843, Real Property Records of Hays County,
658	660		Texas, for the northeast corner of a certain called 28.91 acre tract
659	661		described in the dedication of public right-of-way to the City of
660	662		Kyle, Texas of record in Volume 4122, Page 67, Official Public
661	663		Records of Hays County, Texas, same being the east right-of-way
662	664		line of Kyle Parkway, a variable-width right-of-way, for the
663	665		northwest corner and POINT OF BEGINNING of the tract described
664	666		herein;
665	667		THENCE N 88°09'34" E, leaving the east right-of-way line of
666	668		said Kyle Parkway, with the north line of the said 983.99 acre tract
667	669		and the south line of the said Texas-Lehigh Cement Company tract,
668	670		with the north line of the tract described herein, at a distance of
669	671		1,870.26 feet, passing a calculated point for the southeast corner
670	672		of the said Texas-Lehigh tract, same being the southwest corner of a
671	673		certain called 21.6 acre tract described in the deed to Hays County
672	674		Youth Athletic Association of record in Volume 356, Page 294, Deed
673	675		Records of Hays County, Texas, from which a 1/2-inch iron rod found
674	676		bears N 01°34'50" W, 1.38 feet, and continuing with the south line of
675	677		the said 21.6 acre tract for a total distance of 2,530.40 feet to a
676	678		1/2-inch iron rod found at the northeast corner of the said 983.99
677	679		acre tract and at the westerly northwest corner of a certain called
678	680		151.960 acre tract described in a deed to Flint Hills Resources
679	681		Central Texas, LLC of record in Document No. 2015-15008284,
680	682		Official Public Records of Hays County, Texas, for the northerly
681	683		northeast corner of the tract described herein;
682	684		THENCE with a west and south line of the said 151.960 acre
683	685		tract, with an east and north line of the said 983.99 acre tract,
684	686		with an east and north line of the tract described herein, the
685	687		following two (2) courses and distances:
686	688		1. S 01°56'20" E, a distance of 1,296.09 feet to a cotton-gin
687	689		spindle found at the southwest corner of the said 151.960 acre tract
688	690		and at a re-entrant corner of the said 983.99 acre tract, for a
689	691		re-entrant corner of the tract described herein, and
690	692		2. N 88°19'25" E, a distance of 1,023.18 feet to a 1/2-inch iron rod
691	693		found in the west right-of-way line of that certain Union Pacific
692	694		Railroad right-of-way described in the deed to the International &
693	695		Great Northern Railroad Company of record in Volume H, Page 22, Deed
694	696		Records of Hays County, Texas, for the northeast corner of the said
695	697		983.99 acre tract, and the southeast corner of the said 151.960 acre
696	698		tract, for the easterly northeast corner of the tract described
697	699		herein;
698	700		THENCE S 13°28'48" W, leaving the south line of the said
699	701		151.960 acre tract, with the west right-of-way line of the said
700	702		Union Pacific Railroad and the east line of the said 983.99 acre
701	703		tract, with an east line of the tract described herein, a distance
702	704		of 1,692.66 feet to a calculated point for the southeast corner of
703	705		the tract described herein, from which a calculated point in the
704	706		west right-of-way line of the said Union Pacific Railroad at the
705	707		northeast corner of that certain tract of land dedicated to the
706	708		International & Great Northern Railroad of record in Volume N, Page
707	709		428, Deed Records of Hays County, Texas, bears S 13°28'48" W, a
708	710		distance of 781.12 feet, and from which a 1/2-inch iron rod found
709	711		bears S 88°18' W, a distance of 0.23 feet;
710	712		THENCE leaving the west right-of-way line of the said Union
711	713		Pacific Railroad, crossing the said 983.99 acre tract, with the
712	714		south line of the tract described herein, the following seven (7)
713	715		courses and distances:
714	716		1. N 70°11'42" W, a distance of 218.01 feet to a calculated angle
715	717		point,
716	718		2. N 70°05'41" W, a distance of 312.86 feet to a calculated angle
717	719		point,
718	720		3. N 63°16'05" W, a distance of 339.74 feet to a calculated angle
719	721		point,
720	722		4. N 79°24'43" W, a distance of 289.83 feet to a calculated angle
721	723		point,
722	724		5. S 89°38'16" W, a distance of 365.98 feet to a calculated angle
723	725		point,
724	726		6. S 84°23'20" W, a distance of 307.89 feet to a calculated angle
725	727		point, and
726	728		7. S 78°54'52" W, a distance of 599.41 feet to a calculated point in
727	729		the east right-of-way line of said Kyle Parkway, same being the east
728	730		line of a certain called 0.931 acre tract designated as Parcel 4 and
729	731		described in the deed to the City of Kyle, Texas of record in Volume
730	732		4122, Page 86, Official Public Records of Hays County, Texas, for
731	733		the southwest corner of the tract described herein, from which a
732	734		Texas Department of Transportation (TxDOT) Type 2 right-of-way
733	735		monument (brass disk in concrete) found at a point-of-tangency in
734	736		the east right-of-way line of said Kyle Parkway, and the said 0.931
735	737		acre tract bears with the arc of a curve to the right, having a
736	738		radius of 2,984.79 feet, an arc distance of 864.55 feet, and a chord
737	739		which bears S 04°35'15" E, a distance of 861.53 feet;
738	740		THENCE continuing across the said 983.99 acre tract, with the
739	741		east right-of-way line of said Kyle Parkway and the east line of the
740	742		said 0.931 acre tract, with the west line of the tract described
741	743		herein, the following two (2) courses and distances:
742	744		1. with the arc of a curve to the left, having a radius of 2,984.79
743	745		feet, an arc distance of 451.18 feet, and a chord which bears N
744	746		17°12'57" W, a distance of 450.75 feet to a Texas Department of
745	747		Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
746	748		concrete) found at a point-of-tangency, and
747	749		2. N 26°47'39" W, a distance of 222.09 feet to a calculated point in
748	750		the east line of the said 28.91 acre tract for the north corner of
749	751		the said 0.931 acre tract, for an angle point in the west line of the
750	752		tract described herein, from which a Texas Department of
751	753		Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
752	754		concrete) found bears S 26°19' E, a distance of 3.26 feet;
753	755		THENCE continuing across the said 983.99 acre tract, with the
754	756		east right-of-way line of said Kyle Parkway and the east line of the
755	757		said 28.91 acre tract, with the west line of the tract described
756	758		herein, the following two (2) courses and distances:
757	759		1. N 21°32'51" W, a distance of 1,170.15 feet to a calculated
758	760		point-of-curvature, from which a Texas Department of
759	761		Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
760	762		concrete) found bears N 22°04'05" E, a distance of 0.41 feet, and
761	763		2. with the arc of a curve to the right, having a radius of
762	764		2,764.78 feet, an arc distance of 898.49 feet, and a chord which
763	765		bears N 12°14'15" W, a distance of 894.54 feet to the POINT OF
764	766		BEGINNING and containing 157.726 acres of land, more or less.
765	767		BEARING BASIS: Texas Coordinate System, South Central Zone,
766	768		NAD83, Grid.
767	769		TRACT 6
768	770		DESCRIPTION OF 133.892 ACRES LAND IN THE M.M. MCCARVER SURVEY
769	771		NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A
770	772		CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND
771	773		DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF
772	774		RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS
773	775		COUNTY, TEXAS, AND ALL OF A CERTAIN CALLED 5.207 ACRE TRACT
774	776		DESCRIBED IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN INSTRUMENT
775	777		NO. 16029224, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID
776	778		133.892 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD.,
777	779		BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
778	780		BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
779	781		"LAI" previously set at the intersection of the north right-of-way
780	782		line of Kohlers Crossing (County Road No. 171), a variable width
781	783		right-of-way, same being the north line of a called 1.171 acre tract
782	784		of land designated as Parcel 3, Tract 1, and described in a deed to
783	785		the City of Kyle, Texas, of record in Volume 3220, Page 508,
784	786		Official Public Records of Hays County, Texas, and the west
785	787		right-of-way line of Benner, a 70-foot wide right-of-way, as shown
786	788		on the Plum Creek Phase II, Section 1A subdivision plat of record in
787	789		Cabinet 14, Pages 225-226, Plat Records of Hays County, Texas, for
788	790		the southerly southeast corner and POINT OF BEGINNING of the tract
789	791		described herein;
790	792		THENCE with the north right-of-way line of said Kohlers
791	793		Crossing, and the north line of the said 1.171 acre tract, with a
792	794		south line of the tract described herein, the following four (4)
793	795		courses and distances:
794	796		1. S 88°49'05" W, a distance of 32.70 feet to a 1/2-inch iron rod
795	797		with a plastic cap stamped "LAI" previously set for an angle point,
796	798		2. S 87°37'32" W, a distance of 488.02 feet to a 1/2-inch iron rod
797	799		with a plastic cap stamped "BCG" previously set for an angle point,
798	800		3. S 87°50'11" W, at a distance of 225.44 feet, passing a 1/2-inch
799	801		iron rod with a plastic cap stamped "BCG" previously set for a
800	802		point-on line, and continuing for a total distance of 252.78 feet to
801	803		a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set
802	804		for an angle point, and
803	805		4. S 87°19'58" W, a distance of 27.10 feet to a 1/2-inch iron rod
804	806		with a plastic cap stamped "BCG" previously set for the southerly
805	807		southeast corner of a certain called 324.250 acre tract designated
806	808		as Tract 1 and described in the deed to Lennar Homes of Texas Land
807	809		and Construction, Ltd. of record in Instrument No. 16029226,
808	810		Official Public Records of Hays County, Texas, for the southwest
809	811		corner of the tract described herein;
810	812		THENCE with the east and south lines of the said 324.250 acre
811	813		tract and the west and north lines of the tract described herein,
812	814		the following seven (7) courses and distances:
813	815		1. N 00°29'00" W, a distance of 715.18 feet to a 1/2-inch iron rod
814	816		with a plastic cap stamped "BCG" previously set for an angle point,
815	817		2. N 33°32'22" E, a distance of 340.44 feet to a 1/2-inch iron rod
816	818		with a plastic cap stamped "BCG" previously set for an angle point,
817	819		3. N 28°43'08" E, a distance of 349.81 feet to a 1/2-inch iron rod
818	820		with a plastic cap stamped "BCG" previously set for an angle point,
819	821		4. N 20°39'46" E, a distance of 412.04 feet to a 1/2-inch iron rod
820	822		with a plastic cap stamped "BCG" previously set for an angle point,
821	823		5. N 12°33'58" E, a distance of 413.82 feet to a 1/2-inch iron rod
822	824		with a plastic cap stamped "BCG" previously set for an angle point,
823	825		6. N 12°27'56" E, a distance of 448.13 feet to a 1/2-inch iron rod
824	826		with a plastic cap stamped "BCG" previously set for a re-entrant
825	827		corner, and
826	828		7. N 73°20'14" E, a distance of 4.89 feet to a calculated point for
827	829		an angle point in the east line of the said 324.250 acre tract, same
828	830		being the southwest corner of the said 5.207 acre tract, from which
829	831		a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set
830	832		for an angle point in a south line of the said 5.207 acre tract bears
831	833		N 73°20'14" E, a distance of 708.44 feet;
832	834		THENCE with the east and west lines of the said 324.250 acre
833	835		tract, with the northwest and northeast lines of the said 5.207 acre
834	836		tract, with a northwest and northeast line of the tract described
835	837		herein, the following eight (8) courses and distances:
836	838		1. N 27°58'58" E, at a distance of 0.42 feet, passing a 1/2-inch
837	839		iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found, and
838	840		continuing for a total distance of 4.93 feet to a 1/2-inch iron rod
839	841		with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
840	842		point of the tract described herein,
841	843		2. N 45°36'55" E, a distance of 316.61 feet to a 1/2-inch iron rod
842	844		with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
843	845		point,
844	846		3. N 43°07'49" E, a distance of 67.72 feet to a 1/2-inch iron rod
845	847		with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
846	848		point,
847	849		4. N 60°11'22" E, a distance of 72.39 feet to a 1/2-inch iron rod
848	850		with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
849	851		point,
850	852		5. N 54°50'52" E, a distance of 110.19 feet to a 1/2-inch iron rod
851	853		with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
852	854		point,
853	855		6. N 44°44'47" E, a distance of 259.46 feet to a 1/2-inch iron rod
854	856		with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
855	857		point,
856	858		7. N 47°53'10" E, a distance of 93.75 feet to a 1/2-inch iron rod
857	859		with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle
858	860		point, and
859	861		8. S 47°15'44" E, a distance of 538.63 feet to a to a 1/2-inch iron
860	862		rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at a
861	863		southwest corner of the said 324.250 acre tract, same being the
862	864		southeast corner of the said 5.207 acre tract, for an angle point in
863	865		the north line of the tract described herein;
864	866		THENCE N 82°22'26" E, with a south line of the said 324.250
865	867		acre tract, with the north line of the tract described herein, a
866	868		distance of 129.85 feet to a 1/2-inch iron rod with a plastic cap
867	869		stamped "CHAPARRAL BOUNDARY" found at the west corner of a certain
868	870		called 2.581 acre tract designated as Tract 4 and described in the
869	871		said deed to Lennar Homes of Texas Land and Construction of record
870	872		in Instrument No. 16029226, Official Public Records of Hays County,
871	873		Texas, for an angle point in the north line of the tract described
872	874		herein;
873	875		THENCE leaving a south line of the said 324.250 acre tract,
874	876		with the west and east lines of the said 2.581 acre tract, with a
875	877		northeast and northwest line of the tract described herein, the
876	878		following two (2) courses and distances:
877	879		1. S 47°15'44" E, a distance of 607.02 feet to a 1/2-inch iron rod
878	880		with a plastic cap stamped "CHAPARRAL BOUNDARY" found at the south
879	881		corner of the said 2.581 acre tract, for an angle point in the north
880	882		line of the tract described herein, and
881	883		2. N 03°42'33" E, a distance of 476.77 feet to a 1/2-inch iron rod
882	884		with a plastic cap stamped "BCG" previously set for the easterly
883	885		southeast corner of the said 324.250 acre tract and the east corner
884	886		of the said 2.581 acre tract, for a point-of-curvature in a west
885	887		line of the tract described herein;
886	888		THENCE with an east line of the said 324.250 acre tract, with
887	889		the west line of the tract described herein, with the arc of a curve
888	890		to the left, having a radius of 2,264.79 feet, an arc distance of
889	891		606.17 feet, and a chord which bears N 06°03'20" W, a distance of
890	892		604.37 feet to a calculated point for the northerly northwest
891	893		corner of the tract described herein, from which a 1/2-inch iron rod
892	894		with a plastic cap stamped "BCG" previously set for a
893	895		point-of-tangency in an east line of the said 324.250 acre tract
894	896		bears with the arc of a curve to the left, having a radius of
895	897		2,264.79 feet, an arc distance of 309.28 feet, and a chord which
896	898		bears N 17°38'07" W, a distance of 309.04 feet;
897	899		THENCE N 79°43'41" E, crossing the said 983.99 acre tract,
898	900		with a north line of the tract described herein, a distance of
899	901		480.94 feet to a calculated point in the west line of a certain
900	902		called 0.934 acre tract, designated as Parcel 1 and described in the
901	903		deed to the City of Kyle, Texas of record in Volume 4122, Page 86,
902	904		Official Public Records of Hays County, Texas, being west
903	905		right-of-way line of Kyle Parkway (F.M. 1626) a variable width
904	906		right-of-way, for the northeast corner of tract described herein,
905	907		from which a Texas Department of Transportation (TxDOT) Type 2
906	908		right-of-way monument (brass disk in concrete) found at a
907	909		point-of-tangency in the west right-of-way line of said Kyle
908	910		Parkway and the west line of the said 0.934 acre tract bears with
909	911		the arc of a curve to the left, having a radius of 2,744.79 feet, an
910	912		arc distance of 404.05 feet, and a chord which bears N 17°19'37" W, a
911	913		distance of 403.69 feet;
912	914		THENCE with the west right-of-way line of said Kyle Parkway,
913	915		with the west line of the said 0.934 acre tract, with the east line
914	916		of the tract described herein, the following three (3) courses and
915	917		distances:
916	918		1. with the arc of a curve to the right, having a radius of
917	919		2,744.79 feet, an arc distance of 805.93 feet, and a chord which
918	920		bears S 04°41'53" E, a distance of 803.04 feet to a Texas Department
919	921		of Transportation (TxDOT) Type 2 right-of-way monument (brass disk
920	922		in concrete) found at a point-of-tangency,
921	923		2. S 03°42'13" W, a distance of 553.75 feet to a Texas Department of
922	924		Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
923	925		concrete) found at an angle point, and
924	926		3. S 00°31'13" E, a distance of 269.62 feet to a calculated point in
925	927		the west right-of-way line of said Kyle Parkway, same being the west
926	928		line of a certain called 28.91 acre tract described in the
927	929		dedication of public right-of-way to the City of Kyle, Texas of
928	930		record in Volume 4122, Page 67, Official Public Records of Hays
929	931		County, Texas, for the south corner of the said 0.934 acre tract,
930	932		for an angle point in the east line of the tract described herein,
931	933		from which a Texas Department of Transportation (TxDOT) Type 2
932	934		right-of-way monument (brass disk in concrete) found bears S 00°31'
933	935		E, a distance of 1.58 feet;
934	936		THENCE with the west right-of-way line of said Kyle Parkway,
935	937		with the west line of the said 28.91 acre tract, with the east line
936	938		of the tract described herein, the following three (3) courses and
937	939		distances:
938	940		1. S 03°42'29" W, a distance of 1,102.95 feet to a Texas Department
939	941		of Transportation (TxDOT) Type 2 right-of-way monument (brass disk
940	942		in concrete) found at a point-of-curvature,
941	943		2. with the arc of a curve to the left, having a radius of 2,964.78
942	944		feet, an arc distance of 381.54 feet, and a chord which bears S
943	945		00°01'17" W, a distance of 381.27 feet to a Texas Department of
944	946		Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
945	947		concrete) found at a point-of-tangency, and
946	948		3. S 03°39'40" E, a distance of 61.49 feet to a calculated point for
947	949		the easterly southeast corner of the tract described herein, same
948	950		being the northeast corner of a certain called 4.857 acre tract
949	951		described in the deed to Plum Creek Development Partners, Ltd. of
950	952		record in Volume 3337, Page 390, Official Public Records of Hays
951	953		County, Texas, from which a Texas Department of Transportation
952	954		(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found
953	955		at an angle point in the west right-of-way line of said Kyle Parkway
954	956		and the west line of the said 28.91 acre tract, and the east line of
955	957		the said 4.857 acre tract, bears S 03°39'40" E, a distance of 286.04
956	958		feet;
957	959		THENCE leaving the west right-of-way line of said Kyle
958	960		Parkway, crossing the said 983.99 acre tract, with the north line of
959	961		the said 4.857 acre tract, with a south line of the tract described
960	962		herein, the following four (4) courses and distances:
961	963		1. S 88°50'25" W, a distance of 124.99 feet to a calculated angle
962	964		point,
963	965		2. N 82°24'53" W, a distance of 131.55 feet to a calculated angle
964	966		point,
965	967		3. N 23°54'05" W, a distance of 85.73 feet to a calculated angle
966	968		point, and
967	969		4. N 53°55'11" W, a distance of 100.89 feet to a calculated point in
968	970		the southeast line of a certain called 1.2623 acre tract described
969	971		in the deed to Hays Consolidated Independent School District of
970	972		record in Volume 2029, Page 668, Official Public Records of Hays
971	973		County, Texas, for the north corner of the said 4.857 acre tract,
972	974		for a southwest corner of the tract described herein, from which a
973	975		1/2-inch iron rod with a plastic cap stamped "BCG" previously set
974	976		for an angle point in the south line of the said 1.2623 acre tract
975	977		and the north line of the said 4.857 acre tract bears S 58°53'16" W,
976	978		a distance of 127.50 feet;
977	979		THENCE with the east, north, and west lines of the said 1.2623
978	980		acre tract, with the west, south, and east lines of the tract
979	981		described herein, the following five (5) courses and distances:
980	982		1. N 58°53'16" E, a distance of 29.92 feet to a 1/2-inch iron rod
981	983		with a plastic cap stamped "BCG" previously set for an angle point,
982	984		2. N 01°06'44" W, a distance of 172.58 feet to a 1/2-inch iron rod
983	985		with a plastic cap stamped "BCG" previously set for an angle point,
984	986		3. N 61°06'44" W, a distance of 157.42 feet to a 1/2-inch iron rod
985	987		with a plastic cap stamped "BCG" previously set for an angle point,
986	988		4. S 88°53'16" W, a distance of 62.13 feet to a 1/2-inch iron rod
987	989		with a plastic cap stamped "BCG" previously set for the northwest
988	990		corner of the said 1.2623 acre tract, for a re-entrant corner of the
989	991		tract described herein, and
990	992		5. S 01°06'44" E, a distance of 69.54 feet to a 1/2-inch iron rod
991	993		with a plastic cap stamped "LAI" previously set in the west line of
992	994		the said 1.2623 acre tract, for the northeast corner of a certain
993	995		called 0.0606 acre tract described in the deed to Hays Consolidated
994	996		Independent School District of record in Volume 2857, Page 753,
995	997		Official Public Records of Hays County, Texas, for a southeast
996	998		corner of the tract described herein;
997	999		THENCE S 88°53'16" W, with the north line of the said 0.0606
998	1000		acre tract, with the south line of the tract described herein, a
999	1001		distance of 15.00 feet to a 1/2-inch iron rod with a plastic cap
1000	1002		stamped "LAI" previously set for the northwest corner of the said
1001	1003		0.0606 acre tract and the northeast corner of a certain called 10.00
1002	1004		acre tract described in the deed to Hays Consolidated Independent
1003	1005		School District of record in Volume 2029, Page 661, Official Public
1004	1006		Records of Hays County, Texas, for a point-on-line in the south line
1005	1007		of the tract described herein;
1006	1008		THENCE S 88°50'25" W, with the north line of the said 10.00
1007	1009		acre tract, with the south line of the tract described herein, a
1008	1010		distance of 465.45 feet to a 1/2-inch iron rod with a plastic cap
1009	1011		stamped "LAI" previously set for the northern northwest corner of
1010	1012		the said 10.00 acre tract, same being a point in the east line of a
1011	1013		certain called 11.375 acre tract described in the deed to Plum Creek
1012	1014		Development Partners, Ltd. of record in Volume 3311, Page 508,
1013	1015		Official Public Records of Hays County, Texas, for a southwest
1014	1016		corner of the tract described herein;
1015	1017		THENCE with the east, north and west lines of the said 11.375
1016	1018		acre tract, and the west, south and east lines of the tract
1017	1019		described herein, the following five (5) courses and distances:
1018	1020		1. N 00°32'48" W, a distance of 69.99 feet to a 1/2-inch iron rod
1019	1021		with a plastic cap stamped "LAI" previously set for the northeast
1020	1022		corner of the said 11.375 acre tract, for a re-entrant corner of the
1021	1023		tract described herein,
1022	1024		2. S 88°50'25" W, a distance of 360.00 feet to a 1/2-inch iron rod
1023	1025		with a plastic cap stamped "LAI" previously set for the northern
1024	1026		northwest corner of the said 11.375 acre tract , for a re-entrant
1025	1027		corner of the tract described herein,
1026	1028		3. S 01°09'35" E, a distance of 70.00 feet to a 1/2-inch iron rod
1027	1029		with a plastic cap stamped "LAI" previously set for a re-entrant
1028	1030		corner of the said 11.375 acre tract, for a southeast corner of the
1029	1031		tract described herein,
1030	1032		4. S 88°50'25" W, a distance of 563.86 feet to a 1/2-inch iron rod
1031	1033		with a plastic cap stamped "LAI" previously set for the western
1032	1034		northwest corner of the said 11.375 acre tract, for a re-entrant
1033	1035		corner of the tract described herein, and
1034	1036		5. S 00°44'56" E, a distance of 230.40 feet to a 1/2-inch iron rod
1035	1037		found in the west line of the said 11.375 acre tract, at the
1036	1038		intersection of the north right-of-way line of Doherty, a 70-foot
1037	1039		right-of-way, and the west right-of-way line of Benner, a 70-foot
1038	1040		right-of-way, as shown on the Plum Creek Phase II, Section 1A
1039	1041		subdivision plat of record in Cabinet 14, Pages 225-226, Plat
1040	1042		Records of Hays County, Texas, for a point in the east line of the
1041	1043		tract described herein;
1042	1044		THENCE S 00°44'56" E, with the west right-of-way line of said
1043	1045		Benner, with an east line of the tract described herein, a distance
1044	1046		of 447.86 feet to the POINT OF BEGINNING and containing 133.892
1045	1047		acres of land more or less.
1046	1048		BEARING BASIS: Texas Coordinate System, South Central Zone,
1047	1049		NAD83, Grid.
1048	1050		TRACT 7
1049	1051		DESCRIPTION OF 31.441 ACRES LAND IN THE M.M. MCCARVER SURVEY
1050	1052		NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A
1051	1053		CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND
1052	1054		DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF
1053	1055		RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS
1054	1056		COUNTY, TEXAS; SAID 31.441 ACRES OF LAND AS SURVEYED BY BOWMAN
1055	1057		CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES
1056	1058		AND BOUNDS AS FOLLOWS:
1057	1059		BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
1058	1060		"BCG" previously set in the north line of the said 983.99 acre tract
1059	1061		and the south line of a certain tract of land described in the deed
1060	1062		to Texas-Lehigh Cement Company of record in Volume 609, Page 843,
1061	1063		Real Property Records of Hays County, Texas, for the northeast
1062	1064		corner of a certain called 324.250 acre tract designated as Tract 1
1063	1065		and described in the deed to Lennar Homes of Texas Land and
1064	1066		Construction of record in Instrument No. 16029226, Official Public
1065	1067		Records of Hays County, Texas, for the northwest corner and POINT OF
1066	1068		BEGINNING of the tract described herein;
1067	1069		THENCE N 88°09'34" E, with the north line of the said 983.99
1068	1070		acre tract and the south line of the said Texas-Lehigh tract, with
1069	1071		the north line of the tract described herein, at a distance of 39.77
1070	1072		feet, passing a 1-1/2-inch (I.D.) iron pipe found 0.99 feet north of
1071	1073		line, at a distance of 198.91 feet, passing a 1/2-inch iron rod
1072	1074		found 0.45 feet north of line, and continuing for a total distance
1073	1075		of 475.14 feet to a calculated point in the west line of a certain
1074	1076		called 0.392 acre tract designated as Parcel 3 and described in the
1075	1077		deed to the City of Kyle, Texas of record in Volume 4122, Page 86,
1076	1078		Official Public Records of Hays County, Texas, being the west
1077	1079		right-of-way line of Kyle Parkway (F.M. 1626), a variable-width
1078	1080		right-of-way, for the northerly northeast corner of the tract
1079	1081		described herein, from which a Texas Department of Transportation
1080	1082		(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found
1081	1083		bears N 09°30' W, a distance of 0.12 feet;
1082	1084		THENCE crossing the said 983.99 acre tract, with the west
1083	1085		right-of-way line of said Kyle Parkway and the west line of the said
1084	1086		0.392 acre tract, with the east line of the tract described herein,
1085	1087		the following two (2) courses and distances:
1086	1088		1. with the arc of a curve to the left, having a radius of 2,744.79
1087	1089		feet, an arc distance of 572.70 feet, and a chord which bears S
1088	1090		08°20'37" E, a distance of 571.66 feet to a Texas Department of
1089	1091		Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
1090	1092		concrete) found at a point-of-tangency, and
1091	1093		2. S 22°18'28" E, a distance of 224.36 feet to a 1/2-inch iron rod
1092	1094		with a plastic cap stamped "BCG" previously set in the west
1093	1095		right-of-way line of said Kyle Parkway, same being the west line of
1094	1096		a certain called 28.91 acre tract described in the dedication of
1095	1097		public right-of-way to the City of Kyle, Texas of record in Volume
1096	1098		4122, Page 67, Official Public Records of Hays County, Texas, for
1097	1099		the south corner of the said 0.392 acre tract, for a
1098	1100		point-of-curvature in the east line of the tract described herein,
1099	1101		from which a Texas Department of Transportation (TxDOT) Type 2
1100	1102		right-of-way monument (brass disk in concrete) found bears S 22°47'
1101	1103		E, a distance of 2.10 feet;
1102	1104		THENCE continuing across the said 983.99 acre tract, with the
1103	1105		curving west right-of-way line of said Kyle Parkway, with the west
1104	1106		line of the said 28.91 acre tract, with the east line of the tract
1105	1107		described herein, with the arc of a curve to the left, having a
1106	1108		radius of 2964.79 feet, an arc distance of 150.32 feet, and a chord
1107	1109		which bears S 19°33'47" E, a distance of 150.30 feet to a 1/2-inch
1108	1110		iron rod with a plastic cap stamped "BCG" previously set for the
1109	1111		north corner of a certain called 0.092 acre tract designated as
1110	1112		Parcel 2 and described in the deed to the City of Kyle, Texas of
1111	1113		record in Volume 4122, Page 86, Official Public Records of Hays
1112	1114		County, Texas, for a point-of-tangency in the east line of the tract
1113	1115		described herein, from which a Texas Department of Transportation
1114	1116		(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found
1115	1117		bears N 17°58' W, a distance of 3.48 feet;
1116	1118		THENCE continuing across the said 983.99 acre tract, leaving
1117	1119		the west line of the said 28.91 acre tract, with the west
1118	1120		right-of-way line of said Kyle Parkway, with the west and south
1119	1121		lines of the said 0.092 acre tract, and with the east line of the
1120	1122		tract described herein, the following three (3) courses and
1121	1123		distances:
1122	1124		1. S 17°54'50" E, a distance of 141.47 feet to a Texas Department of
1123	1125		Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
1124	1126		concrete) found at an angle point,
1125	1127		2. S 21°31'34" E, a distance of 379.00 feet to a 1/2-inch iron rod
1126	1128		with a plastic cap stamped "BCG" previously set for the southwest
1127	1129		corner of the said 0.092 acre tract, for a re-entrant corner in the
1128	1130		east line of the tract described herein, and
1129	1131		3. N 68°27'09" E, a distance of 8.98 feet to a 1/2-inch iron rod
1130	1132		with a plastic cap stamped "BCG" previously set in the west line of
1131	1133		the said 28.91 acre tract, for the southeast corner of the said
1132	1134		0.092 acre tract, for the easterly northeast corner of the tract
1133	1135		described herein;
1134	1136		THENCE S 21°32'51" E, continuing across the said 983.99 acre
1135	1137		tract, with the west right-of-way line of said Kyle Parkway, with
1136	1138		the west line of the said 28.91 acre tract, with the east line of the
1137	1139		tract described herein, a distance of 602.34 feet to a 1/2-inch iron
1138	1140		rod with a plastic cap stamped "BCG" previously set for the north
1139	1141		corner of a certain called 0.934 acre tract designated as Parcel 1
1140	1142		and described in the deed to the City of Kyle, Texas of record in
1141	1143		Volume 4122, Page 86, Official Public Records of Hays County,
1142	1144		Texas, for an angle point in the east line of the tract described
1143	1145		herein, from which a Texas Department of Transportation (TxDOT)
1144	1146		Type 2 right-of-way monument (brass disk in concrete) found bears N
1145	1147		17°43" W, a distance of 3.69 feet;
1146	1148		THENCE continuing across the said 983.99 acre tract, with the
1147	1149		west right-of-way line of said Kyle Parkway, with the west line of
1148	1150		the said 0.934 acre tract, with the east line of the tract described
1149	1151		herein, the following two (2) courses and distances:
1150	1152		1. S 17°44'17" E, a distance of 296.83 feet to a Texas Department of
1151	1153		Transportation (TxDOT) Type 2 right-of-way monument (brass disk in
1152	1154		concrete) found at a point-of-curvature, and
1153	1155		2. with the arc of a curve to the right, having a radius of
1154	1156		2,744.79 feet, an arc distance of 404.05 feet, and a chord which
1155	1157		bears S 17°19'37" E, a distance of 403.69 feet to a calculated point,
1156	1158		for the southeast corner of the tract described herein, from which a
1157	1159		Texas Department of Transportation (TxDOT) Type 2 right-of-way
1158	1160		monument (brass disk in concrete) found at a point-of-tangency in
1159	1161		the west right-of-way line of said Kyle Parkway and the west line of
1160	1162		the said 0.934 acre tract bears with the arc of a curve to the right,
1161	1163		having a radius of 2,744.79 feet, an arc distance of 805.93 feet,
1162	1164		and a chord which bears S 04°41'53" E, a distance of 803.04 feet;
1163	1165		THENCE S 79°43'41" W, leaving the west right-of-way line of
1164	1166		said Kyle Parkway, continuing across the said 983.99 acre tract,
1165	1167		with the south line of the tract described herein, a distance of
1166	1168		480.94 feet to a calculated point in the curving east line of the
1167	1169		said 324.250 acre tract for the southwest corner of the tract
1168	1170		described herein, from which a 1/2-inch iron rod with a plastic cap
1169	1171		stamped "BCG" previously set for the easterly southeast corner of
1170	1172		the said 324.250 acre tract and the northeast corner of a certain
1171	1173		called 2.581 acre tract designated as Tract 4 and described in the
1172	1174		said deed to Lennar Homes of Texas Land and Construction of record
1173	1175		in Instrument No. 16029226, Official Public Records of Hays County,
1174	1176		Texas, bears with the arc of a curve to the right, having a radius of
1175	1177		2,264.79 feet, an arc distance of 606.17 feet, and a chord which
1176	1178		bears S 06°03'20" E, a distance of 604.37 feet;
1177	1179		THENCE continuing across the said 983.99 acre tract, with the
1178	1180		east line of the said 324.250 acre tract, with the west line of the
1179	1181		tract described herein, the following three (3) courses and
1180	1182		distances:
1181	1183		1. with the arc of a curve to the left, having a radius of 2,264.79
1182	1184		feet, an arc distance of 309.28 feet, and a chord which bears N
1183	1185		17°38'07" W, a distance of 309.04 feet to a 1/2-inch iron rod
1184	1186		previously set for a point-of-tangency,
1185	1187		2. N 21°32'51" W, a distance of 1,391.43 feet to a 1/2-inch iron rod
1186	1188		with a plastic cap stamped "BCG" previously set for a
1187	1189		point-of-curvature, and
1188	1190		3. with the arc of a curve to the right, having a radius of
1189	1191		3,464.79 feet, an arc distance of 1,139.26 feet and a chord which
1190	1192		bears N 12°07'40" W, a distance of 1,134.13 feet to the POINT OF
1191	1193		BEGINNING and containing 31.441 acres of land more or less.
1192	1194		BEARING BASIS: Texas Coordinate System, South Central Zone,
1193	1195		NAD83, Grid.
1194	1196		TRACT 8
1195	1197		DESCRIPTION OF 8.148 ACRES OF LAND IN THE JOHN COOPER SURVEY
1196	1198		NO. 13, A-100 AND THE JESSE DAY SURVEY, A-152, HAYS COUNTY, TEXAS;
1197	1199		BEING A PORTION OF THE REMAINDER OF A CERTAIN 849.267 ACRE TRACT
1198	1200		DESCRIBED IN THE DEED TO WILLIAM NEGLEY, LIFE TENANT OF RECORD IN
1199	1201		VOLUME 322, PAGE 589, DEED RECORDS OF HAYS COUNTY, TEXAS, AND ALSO
1200	1202		IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2047, PAGE
1201	1203		133, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING A
1202	1204		PORTION OF THE REMAINDER OF THAT CERTAIN CALLED 190.110 ACRE TRACT
1203	1205		DESIGNATED AS TRACT II, PARCEL 2, AND DESCRIBED IN THE SUBSTITUTE
1204	1206		TRUSTEE'S DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF RECORD
1205	1207		IN VOLUME 4072, PAGE 566, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY,
1206	1208		TEXAS; SAID 8.148 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING
1207	1209		GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
1208	1210		AS FOLLOWS:
1209	1211		BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
1210	1212		"BCG" previously set in the south right-of-way line of Kohler's
1211	1213		Crossing (County Road 171), a variable width right-of-way, in the
1212	1214		south line of a certain called 1.252 acre tract designated as Parcel
1213	1215		2, Tract 1, and described in a deed to the City of Kyle, Texas, of
1214	1216		record in Volume 3218, Page 838, Official Public Records of Hays
1215	1217		County, Texas, for the northeast corner of Lot 2, Block A, Plum
1216	1218		Creek Phase I, Section 12A, a subdivision according to the plat of
1217	1219		record in Cabinet 17, Pages 321.322, Plat Records of Hays County,
1218	1220		Texas, for the northwest corner and POINT OF BEGINNING of the tract
1219	1221		described herein;
1220	1222		THENCE N 88°49'05" E, with the south right-of-way line of said
1221	1223		Kohler's Crossing (County Road 171), with the south line of the said
1222	1224		1.252 acre tract, with the north line of the tract described herein,
1223	1225		at a distance of 296.70 feet passing a 1/2-inch iron rod with a
1224	1226		plastic cap stamped "Loomis" previously set for a point-on-line in
1225	1227		the north line of the tract described herein, at a distance of
1226	1228		416.70 feet passing a 1/2-inch iron rod with a plastic cap stamped
1227	1229		"Loomis" previously set for a point-on-line in the north line of the
1228	1230		tract described herein, and continuing for a total distance of
1229	1231		776.42 feet to a 1/2-inch iron rod with a plastic cap stamped
1230	1232		"Loomis" previously set at the intersection of the south
1231	1233		right-of-way line of said Kohler's Crossing (County Road 171) and
1232	1234		the west right-of-way line of Cromwell Drive, a variable width
1233	1235		right-of-way, as shown on the Plum Creek Phase I, Section 11J
1234	1236		subdivision plat of record in Cabinet 17, Pages 42-43, Plat Records
1235	1237		of Hays County, Texas, for the northwest corner of a certain called
1236	1238		1.555 acre tract designated as Tract 1 and described in the deed to
1237	1239		Plum Creek Development Partners, Ltd. of record in Volume 4576,
1238	1240		Page 617, Official Public Records of Hays County, Texas, for a point
1239	1241		of curvature in the north line of the tract described herein;
1240	1242		THENCE with the west right-of-way line of said Cromwell
1241	1243		Drive, with the west line of the said 1.555 acre tract designated as
1242	1244		Tract 1, with the east line of the tract described herein, the
1243	1245		following four (4) courses and distances:
1244	1246		1. with the arc of a curve to the right, having a radius of 30.00
1245	1247		feet, an arc distance of 47.12 feet, and a chord bearing S 46°10'55"
1246	1248		E, a distance of 42.43 feet to a 1/2-inch iron rod with a plastic cap
1247	1249		stamped "Loomis" previously set for a point-of-tangency,
1248	1250		2. S 01°10'55" E, a distance of 363.92 feet to a 1/2-inch iron rod
1249	1251		with a plastic cap stamped "Loomis" previously set for a
1250	1252		point-of-curvature,
1251	1253		3. with the arc of a curve to the right, having a radius of 25.00
1252	1254		feet, an arc distance of 21.03 feet, and a chord bearing S 22°54'47"
1253	1255		W, a distance of 20.41 feet to a 1/2-inch iron rod with a plastic cap
1254	1256		stamped "Loomis" previously set for a point of reverse curvature,
1255	1257		and
1256	1258		4. with the arc of a curve to the left, having a radius of 65.00
1257	1259		feet, an arc distance of 49.61 feet, and a chord bearing S 25°08'40"
1258	1260		W, a distance of 48.41 feet to a 1/2-inch iron rod with a plastic cap
1259	1261		stamped "Loomis" previously set for the northeast corner of Lot 1,
1260	1262		Block A, said Plum Creek Phase I, Section 11J, for the southeast
1261	1263		corner of the tract described herein;
1262	1264		THENCE S 88°49'05" W, leaving the west right-of-way line of
1263	1265		said Cromwell Drive, with the north line of said Lot 1, Block A,
1264	1266		Plum Creek Phase I, Section 11J, with a north line of the said 1.555
1265	1267		acre tract designated as Tract 1, with the south line of the tract
1266	1268		described herein, a distance of 53.72 feet to a 1/2-inch iron rod
1267	1269		with a plastic cap stamped "Loomis" previously set in the east line
1268	1270		of the said 190.110 acre tract, for the west corner of the said
1269	1271		1.555 acre tract designated as Tract 1, for a point-on-line in the
1270	1272		south line of the tract described herein;
1271	1273		THENCE S 88°49'05" W, crossing the said 190.110 acre tract,
1272	1274		with the north line of said Lot 1, Block A, Plum Creek Phase I,
1273	1275		Section 11J, with the south line of the tract described herein, a
1274	1276		distance of 597.17 feet to a 1/2-inch iron rod with a plastic cap
1275	1277		stamped "Loomis" previously set for a northwest corner of said Lot
1276	1278		1, Block A, Plum Creek Phase I, Section 11J, for the southerly
1277	1279		southwest corner of the tract described herein;
1278	1280		THENCE N 01°10'55" W, crossing the said 190.110 acre tract,
1279	1281		with the west line of the tract described herein, a distance of
1280	1282		91.87 feet to a 1/2-inch iron rod with a plastic cap stamped
1281	1283		"Loomis" previously set in the north line of the said 190.110 acre
1282	1284		tract, for a re-entrant corner of the tract described herein;
1283	1285		THENCE S 88°50'02" W, with the north line of the said 190.110
1284	1286		acre tract, with the south line of the tract described herein, a
1285	1287		distance of 125.72 feet to a mag-nail previously set, for the
1286	1288		westerly southwest corner of the tract described herein;
1287	1289		THENCE N 01°10'55" W, crossing the remainder of the said
1288	1290		849.267 acre tract, with the west line of the tract described
1289	1291		herein, at a distance of 71.80 feet passing a mag-nail previously
1290	1292		set for the southeast corner of said Lot 2, Block A, Plum Creek
1291	1293		Phase I, Section 12A, and continuing with the east line of said Lot
1292	1294		2, Block A, Plum Creek Phase I, Section 12A for a total distance of
1293	1295		364.03 feet to the POINT OF BEGINNING and containing 8.148 acres of
1294	1296		land, more or less.
1295	1297		BEARING BASIS: Texas Coordinate System, South Central Zone,
1296	1298		NAD83, Grid.
1297	1299		TRACT 9
1298	1300		DESCRIPTION OF 15.017 ACRES OF LAND IN THE JESSE DAY SURVEY,
1299	1301		A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF THE REMAINDER OF A
1300	1302		CERTAIN 849.267 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM NEGLEY,
1301	1303		LIFE TENANT OF RECORD IN VOLUME 322, PAGE 589, DEED RECORDS OF HAYS
1302	1304		COUNTY, TEXAS, AND ALSO IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD
1303	1305		IN VOLUME 2047, PAGE 133, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY,
1304	1306		TEXAS, A PORTION OF THE REMAINDER OF THAT CERTAIN CALLED 190.110
1305	1307		ACRE TRACT DESIGNATED AS TRACT II, PARCEL 2, AND DESCRIBED IN THE
1306	1308		SUBSTITUTE TRUSTEE'S DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD.
1307	1309		OF RECORD IN VOLUME 4072, PAGE 566, OFFICIAL PUBLIC RECORDS OF HAYS
1308	1310		COUNTY, TEXAS, A PORTION OF THAT CERTAIN CALLED 1.211 ACRE TRACT
1309	1311		DESIGNATED AS TRACT 1-M AND DESCRIBED IN THE DEED TO PLUM CREEK
1310	1312		DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 2126, PAGE 504,
1311	1313		OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING A PORTION
1312	1314		OF A CERTAIN CALLED 5.329 ACRE TRACT DESIGNATED AS PARCEL 4 AND
1313	1315		DESCRIBED IN THE DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF
1314	1316		RECORD IN VOLUME 2881, PAGE 599, OFFICIAL PUBLIC RECORDS OF HAYS
1315	1317		COUNTY, TEXAS; SAID 15.017 ACRES OF LAND AS SURVEYED BY BOWMAN
1316	1318		CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES
1317	1319		AND BOUNDS AS FOLLOWS:
1318	1320		BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
1319	1321		"Loomis" previously set at the intersection of the south
1320	1322		right-of-way line of Vaughn, a 70 foot wide right-of-way, as shown
1321	1323		on the Plum Creek Phase I, Section 11J subdivision plat of record in
1322	1324		Cabinet 17, Pages 42-43, Plat Records of Hays County, Texas and the
1323	1325		west right-of-way line of Kyle Parkway (F.M. 1626), in the west line
1324	1326		of a certain called 22.83 acre tract described in the deed to the
1325	1327		City of Kyle, Texas, of record in Volume 1871, Page 232, Official
1326	1328		Public Records of Hays County, Texas, and corrected in Volume 1904,
1327	1329		Page 813, Official Public Records of Hays County, Texas, same being
1328	1330		the 22.83 acres described in the dedication of public right-of-way
1329	1331		of record in Volume 4122, Page 67, Official Public Records of Hays
1330	1332		County, Texas, for the southeast corner of a certain called 0.800
1331	1333		acre tract designated as Tract 2 and described in the deed to Plum
1332	1334		Creek Development Partners, Ltd. of record in Volume 4576, Page
1333	1335		617, Official Public Records of Hays County, Texas, for a
1334	1336		point-of-tangency in the east line and POINT OF BEGINNING of the
1335	1337		tract described herein;
1336	1338		THENCE S 03°39'58'' E, with the west right-of-way line of said
1337	1339		Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre
1338	1340		tract, with the east line of the tract described herein, a distance
1339	1341		of 932.34 feet to a 1/2-inch iron rod with a plastic cap stamped
1340	1342		"BCG" previously set for the northeast corner of that 2.173 acre
1341	1343		tract described in the deed to L & N Group, Inc, in the deed of
1342	1344		record in Volume 5098, Page 500, Official Public Records of Hays
1343	1345		County, Texas, for the eastern southeast corner of the tract
1344	1346		described herein, from which a 1/2-inch iron rod with a plastic cap
1345	1347		stamped "LAI" previously set at the southeast corner of the said
1346	1348		2.173 acre tract, being the intersection of the west right-of-way
1347	1349		line of said Kyle Parkway (F.M. 1626) and the north right-of-way
1348	1350		line of Dorman Lane, an 80-foot right-of-way as shown on the Plum
1349	1351		Creek Phase I, Section 11A Replat of record in Cabinet 15, Pages
1350	1352		80-81, Plat Records of Hays County, Texas bears S 03°39'58'' E a
1351	1353		distance of 298.72 feet;
1352	1354		THENCE leaving the west right-of-way line of said Kyle
1353	1355		Parkway (F.M. 1626) and crossing the said 849.267 acre tract with
1354	1356		north and west lines of the said 2.173 acre tract being the south
1355	1357		and east lines of the tract described herein, the following three
1356	1358		(3) courses and distances:
1357	1359		1. S 86°20'05'' W a distance of 275.88 feet to a 1/2-inch iron rod
1358	1360		stamped "BCG" previously set for the northwest corner of the said
1359	1361		2.173 acre tract and a re-entrant corner of the tract described
1360	1362		herein,
1361	1363		2. S 03°04'03'' E a distance of 326.54 feet to a 1/2-inch iron rod
1362	1364		stamped "BCG" previously set for a point-of-curvature, and
1363	1365		3. with the arc of a curve to the left, having a radius of 24.50
1364	1366		feet, an arc distance of 15.47 feet, and a chord bearing S 21°11'51''
1365	1367		E, a distance of 15.21 feet to a 1/2-inch iron rod stamped "BCG"
1366	1368		previously set in the north right-of-way line of said Dorman Lane,
1367	1369		for the southwest corner of the said 2.173 acre tract, and the
1368	1370		southerly southeast corner of the tract described herein;
1369	1371		THENCE S 87°00'20'' W with the north right-of-way line of said
1370	1372		Dorman Lane a distance of 178.89 feet to a 1/2-inch iron rod with a
1371	1373		plastic cap stamped "Loomis" previously set for a
1372	1374		point-of-curvature in the north line of the said 5.329 acre tract;
1373	1375		THENCE crossing the said 5.329 acre tract, with the north
1374	1376		right-of-way line of said Dorman Lane, with the south line of the
1375	1377		tract described herein, and with the east right-of-way line of
1376	1378		Cromwell Drive, a variable-width right-of-way, as shown on the said
1377	1379		Plum Creek Phase I, Section 11A Replat, and with the east line of
1378	1380		the tract described herein, the following four (4) courses and
1379	1381		distances:
1380	1382		1. S 87°00'20" W, a distance of 80.00 feet to a 1/2-inch iron rod
1381	1383		with a plastic cap stamped "Rangerland Surveying" found at a
1382	1384		point-of-curvature in the north right-of-way line of said Dorman
1383	1385		Lane,
1384	1386		2. with the arc of a curve to the right, having a radius of 25.00
1385	1387		feet, an arc distance of 21.58 feet, and a chord bearing N 68°15'55"
1386	1388		W, a distance of 20.92 feet to a 1/2-inch iron rod with a plastic cap
1387	1389		stamped "Loomis" previously set for a point-of-reverse curvature,
1388	1390		3. with the arc of a curve to the left, having a radius of 75.00
1389	1391		feet, an arc distance of 21.06 feet, and a chord bearing N 51°34'54"
1390	1392		W, a distance of 20.99 feet to a 1/2-inch iron rod with a plastic cap
1391	1393		stamped "Rangerland Surveying" found at a point-of-reverse
1392	1394		curvature, and
1393	1395		4. with the arc of a curve to the right, having a radius of 25.00
1394	1396		feet, an arc distance of 4.57 feet, and a chord bearing N 54°23'28"
1395	1397		W, a distance of 4.56 feet to a 1/2-inch iron rod with a plastic cap
1396	1398		stamped "Loomis" previously set in the west line of the said 5.329
1397	1399		acre tract and the east right-of-way line of said Cromwell Drive;
1398	1400		THENCE with the curving east right-of-way line of said
1399	1401		Cromwell Drive, with the arc of a curve to the right, having a
1400	1402		radius of 25.00 feet, an arc distance of 20.14 feet, and a chord
1401	1403		bearing N 26°04'29" W, a distance of 19.60 feet to a 1/2-inch iron
1402	1404		rod with a plastic cap stamped "BCG" previously set at the northeast
1403	1405		terminus of said Cromwell Drive, as shown on the said Plum Creek
1404	1406		Phase 1, Section 11A Replat;
1405	1407		THENCE crossing the remainder of the said 849.267 acre tract,
1406	1408		with the west line of the tract described herein, the following ten
1407	1409		(10) courses and distances:
1408	1410		1. N 02°59'40" W, a distance of 320.00 feet to a 1/2-inch iron rod
1409	1411		with a plastic cap stamped "Loomis" previously set;
1410	1412		2. N 02°59'40" W, a distance of 268.15 feet to a 1/2-inch iron rod
1411	1413		with a plastic cap stamped "Loomis" previously set for a
1412	1414		point-of-curvature,
1413	1415		3. with the arc of a curve to the right, having a radius of 25.00
1414	1416		feet, an arc distance of 22.83 feet, and a chord bearing N 23°10'14"
1415	1417		E, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap
1416	1418		stamped "Loomis" previously set for a point-of-reverse curvature,
1417	1419		4. with the arc of a curve to the left, having a radius of 65.00
1418	1420		feet, an arc distance of 21.84 feet, and a chord bearing N 39°42'34"
1419	1421		E, a distance of 21.74 feet to a 1/2-inch iron rod with a plastic cap
1420	1422		stamped "BCG" previously set for a point-of-reverse curvature,
1421	1423		5. with the arc of a curve to the right, having a radius of 25.00
1422	1424		feet, an arc distance of 24.54 feet, and a chord bearing N 58°12'31"
1423	1425		E, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap
1424	1426		stamped "Loomis" previously set for a re-entrant corner,
1425	1427		6. N 03°39'58" W, a distance of 50.00 feet to a 1/2-inch iron rod
1426	1428		with a plastic cap stamped "Loomis" previously set for a point of
1427	1429		non-tangent curvature,
1428	1430		7. with the arc of a curve to the right, having a radius of 25.00
1429	1431		feet, an arc distance of 24.54 feet, and a chord bearing N 65°32'26"
1430	1432		W, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap
1431	1433		stamped "BCG" previously set for a point-of-reverse curvature,
1432	1434		8. with the arc of a curve to the left, having a radius of 65.00
1433	1435		feet, an arc distance of 23.64 feet, and a chord bearing N 47°50'00"
1434	1436		W, a distance of 23.51 feet to a 1/2-inch iron rod with a plastic cap
1435	1437		stamped "Loomis" previously set for a point-of-reverse curvature,
1436	1438		9. with the arc of a curve to the right, having a radius of 25.00
1437	1439		feet, an arc distance of 22.83 feet, and a chord bearing N 32°05'12"
1438	1440		W, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap
1439	1441		stamped "Loomis" previously set for a point-of-tangency, and
1440	1442		10. N 05°55'18" W, a distance of 84.76 feet to a 1/2-inch iron rod
1441	1443		with a plastic cap stamped "Loomis" previously set in the southeast
1442	1444		line of the said 190.110 acre tract and the south line of the said
1443	1445		1.211 acre tract, for a point in the west line of the tract
1444	1446		described herein;
1445	1447		THENCE N 05°55'18" W, crossing the said 190.110 acre tract and
1446	1448		the said 1.211 acre tract, with the west line of the tract described
1447	1449		herein, a distance of 109.37 feet to a 1/2-inch iron rod with a
1448	1450		plastic cap stamped "Loomis" previously set in the northwest line
1449	1451		of the said 1.211 acre tract, for a point-on-line in the west line
1450	1452		of the tract described herein;
1451	1453		THENCE N 05°55'18" W, continuing across the said 190.110 acre
1452	1454		tract, with the west line of the tract describe herein, a distance
1453	1455		of 283.18 feet to a 1/2-inch iron rod with a plastic cap stamped
1454	1456		"Loomis" previously set for the southeast terminus of Cromwell
1455	1457		Drive, as shown on the said Plum Creek Phase I, Section 11J
1456	1458		subdivision plat, for a point-of-curvature in the west line of the
1457	1459		tract described herein;
1458	1460		THENCE with the east right-of-way line of said Cromwell
1459	1461		Drive, with the west line of the tract described herein, and with
1460	1462		the south right-of-way line of said Vaughn and the north line of the
1461	1463		tract described herein, the following four (4) courses and
1462	1464		distances:
1463	1465		1. with the arc of a curve to the right, having a radius of 25.00
1464	1466		feet, an arc distance of 24.71 feet, and a chord bearing N 22°23'41''
1465	1467		E, a distance of 23.72 feet to a 1/2-inch iron rod with a plastic cap
1466	1468		stamped "Loomis" previously set for a point of reverse curvature,
1467	1469		2. with the arc of a curve to the left, having a radius of 75.00
1468	1470		feet, an arc distance of 22.92, and a chord bearing N 41°57'27'' E, a
1469	1471		distance of 22.83 feet to a 1/2-inch iron rod with a plastic cap
1470	1472		stamped "Loomis" previously set for a point of reverse curvature,
1471	1473		3. with the arc of a curve to the right, having a radius of 25.00
1472	1474		feet, an arc distance of 23.18 feet, and a chord bearing N 59°46'08''
1473	1475		E, a distance of 22.36 feet to a 1/2-inch iron rod with a plastic cap
1474	1476		stamped "Loomis" previously set for a point-of-tangency, and
1475	1477		4. N 86°20'02'' E, a distance of 50.00 feet to a 1/2-inch iron rod
1476	1478		with a plastic cap stamped "BCG" previously set in the west line of
1477	1479		the said 1.211 acre tract, for a point in the north line of the tract
1478	1480		described herein;
1479	1481		THENCE N 86°20'02" E, crossing the said 1.211 acre tract, with
1480	1482		the south right-of-way line of said Vaughn, a distance of 17.26 feet
1481	1483		to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously
1482	1484		set in the east line of the said 1.211 acre tract, for the southwest
1483	1485		corner of the said 0.800 acre tract, for a point in the north line of
1484	1486		the tract described herein;
1485	1487		THENCE with the south right-of-way line of said Vaughn, with
1486	1488		the north line of the tract described herein, the following two (2)
1487	1489		courses and distances:
1488	1490		1. N 86°20'02'' E, a distance of 448.95 feet to a 1/2-inch iron rod
1489	1491		with a plastic cap stamped "Loomis" previously set for a
1490	1492		point-of-curvature, and
1491	1493		2. with the arc of a curve to the right, having a radius of 30.00
1492	1494		feet, an arc distance of 47.12 feet, and a chord bearing S 48°39'58''
1493	1495		E, a distance of 42.43 feet to the POINT OF BEGINNING and containing
1494	1496		15.017 acres of land, more or less.
1495	1497		BEARING BASIS: Texas Coordinate System, South Central Zone,
1496	1498		NAD83, Grid.
1497	1499		TRACT 10
1498	1500		DESCRIPTION OF 15.757 ACRES OF LAND IN THE JOHN COOPER SURVEY
1499	1501		NO. 13, A-100, THE JESSE DAY SURVEY, A-152, AND THE JESSE DAY
1500	1502		SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF THE REMAINDER
1501	1503		OF A CERTAIN 849.267 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM
1502	1504		NEGLEY, LIFE TENANT OF RECORD IN VOLUME 322, PAGE 589, DEED RECORDS
1503	1505		OF HAYS COUNTY, TEXAS, AND ALSO IN THE DEED TO MOUNTAIN PLUM, LTD.
1504	1506		OF RECORD IN VOLUME 2047, PAGE 133, OFFICIAL PUBLIC RECORDS OF HAYS
1505	1507		COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF THAT CERTAIN
1506	1508		CALLED 190.110 ACRE TRACT DESIGNATED AS TRACT II, PARCEL 2, AND
1507	1509		DESCRIBED IN THE SUBSTITUTE TRUSTEE'S DEED TO PLUM CREEK
1508	1510		DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 4072, PAGE 566,
1509	1511		OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 15.757 ACRES OF
1510	1512		LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE
1511	1513		PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
1512	1514		BEGINNING at a 1/2-inch iron rod with a plastic cap stamped
1513	1515		"Loomis" previously set in the south line of a certain called 1.252
1514	1516		acre tract designated as Parcel 2, Tract 1, and described in a deed
1515	1517		to the City of Kyle, Texas, of record in Volume 3218, Page 838,
1516	1518		Official Public Records of Hays County, Texas, at the intersection
1517	1519		of the south right-of-way line of Kohler's Crossing (County Road
1518	1520		171), a variable width right-of-way, and the east right-of-way line
1519	1521		of Cromwell Drive, a variable width right-of-way, as shown on the
1520	1522		Plum Creek Phase I, Section 11J subdivision plat of record in
1521	1523		Cabinet 17, Pages 42-43, Plat Records of Hays County, Texas, for the
1522	1524		northeast corner of a certain called 1.555 acre tract designated as
1523	1525		Tract 1 and described in the deed to Plum Creek Development
1524	1526		Partners, Ltd. of record in Volume 4576, Page 617, Official Public
1525	1527		Records of Hays County, Texas, for a point-of-tangency in the north
1526	1528		line and POINT OF BEGINNING of the tract described herein;
1527	1529		THENCE N 88°49'05'' E, leaving the east right-of-way line of
1528	1530		said Cromwell Drive, with the south right-of-way line of said
1529	1531		Kohler's Crossing (County Road 171), with the south line of the said
1530	1532		1.252 acre tract, and with the north line of the tract described
1531	1533		herein, a distance of 551.66 feet to a 1/2-inch iron rod with a
1532	1534		plastic cap stamped "LAI" previously set at the intersection of the
1533	1535		south right-of-way line of said Kohler's Crossing (County Road 171)
1534	1536		with the west right-of-way line of Kyle Parkway (F.M. 1626) in the
1535	1537		west line of a certain called 22.83 acre tract described in the deed
1536	1538		to the City of Kyle, Texas, of record in Volume 1871, Page 232,
1537	1539		Official Public Records of Hays County, Texas, and corrected in
1538	1540		Volume 1904, Page 813, Official Public Records of Hays County,
1539	1541		Texas, same being the 22.83 acres described in the dedication of
1540	1542		public right-of-way of record in Volume 4122, Page 67, Official
1541	1543		Public Records of Hays County, Texas, for the southeast corner of
1542	1544		the said 1.252 acre tract and for a northeast corner of the tract
1543	1545		described herein;
1544	1546		THENCE S 46°17'09'' E, with the west right-of-way line of Kyle
1545	1547		Parkway (F.M. 1626) and the west line of the said 22.83 acre tract,
1546	1548		with the east line of the tract described herein a distance of 27.38
1547	1549		feet to a 1/2-inch iron rod with a plastic cap stamped "LAI"
1548	1550		previously set for an angle point in the west line of said Kyle
1549	1551		Parkway (F.M. 1626) and the west line of the said 22.83 acre tract,
1550	1552		for an angle point in the east line of the tract described herein;
1551	1553		THENCE S 03°39'58'' E, with the west right-of-way line of said
1552	1554		Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre
1553	1555		tract, with the east line of the tract described herein, at a
1554	1556		distance of 374.01 feet passing a 1/2-inch iron rod with a plastic
1555	1557		cap stamped "Loomis" previously set for a point-on-line, at a
1556	1558		distance of 484.01 feet passing a 1/2-inch iron rod with a plastic
1557	1559		cap stamped "Loomis" previously set for a point-on-line, and
1558	1560		continuing for a total distance of 1,069.26 feet to a 1/2-inch iron
1559	1561		rod with a plastic cap stamped "Loomis" previously set for the
1560	1562		intersection of the west right-of-way line of said Kyle Parkway
1561	1563		(F.M. 1626) and the north right-of-way line of Vaughn, a 70-foot
1562	1564		right-of-way, as shown on the said Plum Creek Phase I, Section 11J
1563	1565		subdivision plat, for the northeast corner of a certain called
1564	1566		0.800 acre tract designated as Tract 2 and described in said deed to
1565	1567		Plum Creek Development Partners of record in Volume 4576, Page 617,
1566	1568		Official Public Records of Hays County, Texas, for a
1567	1569		point-of-curvature in the east line of the tract described herein;
1568	1570		THENCE leaving the west right-of-way line of said Kyle
1569	1571		Parkway (F.M. 1626) and the west line of the said 22.83 acre tract,
1570	1572		with the curving north right-of-way line of said Vaughn, with the
1571	1573		north line of the said 0.800 acre tract, and with the south line of
1572	1574		the tract described herein, with the arc of a curve to the right,
1573	1575		having a radius of 30.00 feet, an arc distance of 47.12 feet, and a
1574	1576		chord bearing S 41°20'02'' W, a distance of 42.43 feet to a 1/2-inch
1575	1577		iron rod with a plastic cap stamped "Loomis" previously set for a
1576	1578		point-of-tangency;
1577	1579		THENCE S 86°20'02'' W, continuing with the north right-of-way
1578	1580		line of said Vaughn, with the north line of the said 0.800 acre
1579	1581		tract, and with the south line of the tract described herein, a
1580	1582		distance of 475.81 feet to a 1/2-inch iron rod with a plastic cap
1581	1583		stamped "Loomis" previously set in the east line of the said 190.110
1582	1584		acre tract, for a point-on-line in the south line of the tract
1583	1585		described herein;
1584	1586		THENCE crossing the said 190.110 acre tract, with the north
1585	1587		right-of-way line of said Vaughn and with the south line of the
1586	1588		tract described herein, with the east right-of-way line of said
1587	1589		Cromwell Drive and with the west line of the tract described herein,
1588	1590		the following five (5) courses and distances:
1589	1591		1. S 86°20'02'' W, a distance of 40.40 feet to a 1/2-inch iron rod
1590	1592		with a plastic cap stamped "Loomis" previously set for a
1591	1593		point-of-curvature,
1592	1594		2. with the arc of a curve to the right, having a radius of 25.00
1593	1595		feet, an arc distance of 23.18 feet, and a chord bearing N 67°06'03''
1594	1596		W, a distance of 22.36 feet to a 1/2-inch iron rod with a plastic cap
1595	1597		stamped "Loomis" previously set for a point-of-reverse-curvature,
1596	1598		3. with the arc of a curve to the left, having a radius of 75.00
1597	1599		feet, an arc distance of 28.82 feet, and a chord bearing N 51°32'43''
1598	1600		W, a distance of 28.65 feet to a 1/2-inch iron rod with a plastic cap
1599	1601		stamped "Loomis" previously set for a point-of-reverse-curvature,
1600	1602		4. with the arc of a curve to the right, having a radius of 25.00
1601	1603		feet, an arc distance of 24.71 feet, and a chord bearing N 34°14'18''
1602	1604		W, a distance of 23.72 feet to a 1/2-inch iron rod with a plastic cap
1603	1605		stamped "Loomis" previously set for a point-of-tangency, and
1604	1606		5. N 05°55'18'' W, a distance of 217.01 feet to a 1/2-inch iron rod
1605	1607		with a plastic cap stamped "Loomis" previously set in the east line
1606	1608		of the said 190.110 acre tract, for the south corner of the said
1607	1609		1.555 acre tract, for a point-on-line in the west line of the tract
1608	1610		described herein;
1609	1611		THENCE crossing the remainder of the said 849.267, with the
1610	1612		east right-of-way line of said Cromwell Drive, with the east line of
1611	1613		the said 1.555 acre tract, with the west line of the tract described
1612	1614		herein, the following ten (10) courses and distances:
1613	1615		1. N 05°55'18'' W, a distance of 349.36 feet to a 1/2-inch iron rod
1614	1616		with a plastic cap stamped "Loomis" previously set for a
1615	1617		point-of-curvature,
1616	1618		2. with the arc of a curve to the right, having a radius of 25.00
1617	1619		feet, an arc distance of 22.83 feet, and a chord bearing N 20°14'36''
1618	1620		E, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap
1619	1621		stamped "Loomis" previously set for a point-of-reverse-curvature,
1620	1622		3. with the arc of a curve to the left, having a radius of 65.00
1621	1623		feet, an arc distance of 15.70 feet, and a chord bearing N 39°29'16''
1622	1624		E, a distance of 15.66 feet to a 1/2-inch iron rod with a plastic cap
1623	1625		stamped "Loomis" previously set for a point-of-reverse-curvature,
1624	1626		4. with the arc of a curve to the right, having a radius of 25.00
1625	1627		feet, an arc distance of 24.54 feet, and a chord bearing N 60°41'33''
1626	1628		E, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap
1627	1629		stamped "Loomis" previously set for a re-entrant corner,
1628	1630		5. N 01°10'55'' W, a distance of 50.00 feet to a 1/2-inch iron rod
1629	1631		with a plastic cap stamped "Loomis" previously set for a point of
1630	1632		non-tangent curvature,
1631	1633		6. with the arc of a curve to the right, having a radius of 25.00
1632	1634		feet, an arc distance of 24.54 feet, and a chord bearing N 63°03'23''
1633	1635		W, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap
1634	1636		stamped "Loomis" previously set for a point-of-reverse-curvature,
1635	1637		7. with the arc of a curve to the left, having a radius of 65.00
1636	1638		feet, an arc distance of 16.38 feet, and a chord bearing N 42°09'04''
1637	1639		W, a distance of 16.34 feet to a 1/2-inch iron rod with a plastic cap
1638	1640		stamped "Loomis" previously set for a point-of-reverse-curvature,
1639	1641		8. with the arc of a curve to the right, having a radius of 25.00
1640	1642		feet, an arc distance of 21.03 feet, and a chord bearing N 25°16'36''
1641	1643		W, a distance of 20.41 feet to a 1/2-inch iron rod with a plastic cap
1642	1644		stamped "Loomis" previously set for a point-of-tangency,
1643	1645		9. N 01°10'55'' W, a distance of 363.92 feet to a 1/2-inch iron rod
1644	1646		with a plastic cap stamped "Loomis" previously set for a
1645	1647		point-of-curvature, and
1646	1648		10. with the arc of a curve to the right, having a radius of 30.00
1647	1649		feet, an arc distance of 41.12 feet, and a chord bearing N 43°49'05''
1648	1650		E, a distance of 42.43 feet to the POINT OF BEGINNING and containing
1649	1651		15.757 acres of land, more or less.
1650	1652		BEARING BASIS: Texas Coordinate System, South Central Zone,
1651	1653		NAD83, Grid.
1652	1654		SECTION 3. (a) The legal notice of the intention to
1653	1655		introduce this Act, setting forth the general substance of this
1654	1656		Act, has been published as provided by law, and the notice and a
1655	1657		copy of this Act have been furnished to all persons, agencies,
1656	1658		officials, or entities to which they are required to be furnished
1657	1659		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1658	1660		Government Code.
1659	1661		(b) The governor, one of the required recipients, has
1660	1662		submitted the notice and Act to the Texas Commission on
1661	1663		Environmental Quality.
1662	1664		(c) The Texas Commission on Environmental Quality has filed
1663	1665		its recommendations relating to this Act with the governor, the
1664	1666		lieutenant governor, and the speaker of the house of
1665	1667		representatives within the required time.
1666	1668		(d) All requirements of the constitution and laws of this
1667	1669		state and the rules and procedures of the legislature with respect
1668	1670		to the notice, introduction, and passage of this Act are fulfilled
1669	1671		and accomplished.
1670	1672		SECTION 4. (a) If this Act does not receive a two-thirds
1671	1673		vote of all the members elected to each house, Subchapter C, Chapter
1672	1674		7988, Special District Local Laws Code, as added by Section 1 of
1673	1675		this Act, is amended by adding Section 7988.107 to read as follows:
1674	1676		Sec. 7988.107. NO EMINENT DOMAIN POWER. The district may
1675	1677		not exercise the power of eminent domain.
1676	1678		(b) This section is not intended to be an expression of a
1677	1679		legislative interpretation of the requirements of Section 17(c),
1678	1680		Article I, Texas Constitution.
1679	1681		SECTION 5. This Act takes effect immediately if it receives
1680	1682		a vote of two-thirds of all the members elected to each house, as
1681	1683		provided by Section 39, Article III, Texas Constitution. If this
1682	1684		Act does not receive the vote necessary for immediate effect, this
1683	1685		Act takes effect September 1, 2017.
1684		-	______________________________ ______________________________
1685		-	President of the Senate Speaker of the House
1686		-	I hereby certify that S.B. No. 2245 passed the Senate on
1687		-	May 4, 2017, by the following vote: Yeas 31, Nays 0.
1688		-	______________________________
1689		-	Secretary of the Senate
1690		-	I hereby certify that S.B. No. 2245 passed the House on
1691		-	May 19, 2017, by the following vote: Yeas 139, Nays 5, two
1692		-	present not voting.
1693		-	______________________________
1694		-	Chief Clerk of the House
1695		-	Approved:
1696		-	______________________________
1697		-	Date
1698		-	______________________________
1699		-	Governor