Bill Text: TX SB2245 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the North Hays County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [SB2245 Detail]
Download: Texas-2017-SB2245-Comm_Sub.html
Bill Title: Relating to the creation of the North Hays County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [SB2245 Detail]
Download: Texas-2017-SB2245-Comm_Sub.html
By: Campbell | S.B. No. 2245 | |
(Isaac) | ||
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relating to the creation of the North Hays County Municipal Utility | ||
District No. 2; granting a limited power of eminent domain; | ||
providing authority to issue bonds; providing authority to impose | ||
assessments, fees, and taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 7988 to read as follows: | ||
CHAPTER 7988. NORTH HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7988.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the North Hays County Municipal | ||
Utility District No. 2. | ||
Sec. 7988.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7988.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 7988.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7988.003 | ||
until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district. | ||
Sec. 7988.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a municipal utility district as provided by | ||
general law and Section 59, Article XVI, Texas Constitution; and | ||
(2) Section 52, Article III, Texas Constitution, that | ||
relate to the construction, acquisition, improvement, operation, | ||
or maintenance of macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 7988.006. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7988.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7988.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7988.052. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Hillary Sotello; | ||
(2) Paul Byars; | ||
(3) Meghan Skornia; | ||
(4) Bailey Harrington; and | ||
(5) Kevin Howard. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7988.003; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 7988.003 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7988.003; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7988.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7988.102. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapters 49 and 54, Water Code, | ||
applicable to municipal utility districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 7988.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may design, | ||
acquire, construct, finance, issue bonds for, improve, operate, | ||
maintain, and convey to this state, a county, or a municipality for | ||
operation and maintenance macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 7988.104. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
road project must meet all applicable construction standards, | ||
zoning and subdivision requirements, and regulations of each | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the road project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 7988.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
OR RESOLUTION. The district shall comply with all applicable | ||
requirements of any ordinance or resolution that is adopted under | ||
Section 54.016 or 54.0165, Water Code, and that consents to the | ||
creation of the district or to the inclusion of land in the | ||
district. | ||
Sec. 7988.106. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if: | ||
(1) the district has no outstanding bonded debt; and | ||
(2) the district is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) Any new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act creating this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
7988.003 to confirm the creation of the district. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between or among the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 7988.003. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(k) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
7988.004 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7988.151. ELECTIONS REGARDING TAXES OR BONDS. | ||
(a) The district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 7988.153. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes. | ||
(c) The district may not issue bonds payable from ad valorem | ||
taxes to finance a road project unless the issuance is approved by a | ||
vote of a two-thirds majority of the district voters voting at an | ||
election held for that purpose. | ||
Sec. 7988.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7988.151, the district | ||
may impose an operation and maintenance tax on taxable property in | ||
the district in accordance with Section 49.107, Water Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 7988.153. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7988.201. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 7988.202. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 7988.203. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SECTION 2. The North Hays County Municipal Utility District | ||
No. 2 initially includes all the territory contained in the | ||
following area: | ||
TRACT 1 | ||
DESCRIPTION OF 156.881 ACRES LAND IN THE M.M. MCCARVER SURVEY | ||
NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A | ||
CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND | ||
DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF | ||
RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS | ||
COUNTY, TEXAS; SAID 156.881 ACRES OF LAND AS SURVEYED BY BOWMAN | ||
CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES | ||
AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped | ||
"LAI" previously set in the west right-of-way line of that certain | ||
Union Pacific Railroad right-of-way described in the deed to | ||
International & Great Northern Railroad Company of record in Volume | ||
H, Page 22, Deed Records of Hays County, Texas, in the east line of | ||
the said 983.99 acre tract, for the northeast corner of that certain | ||
called 0.576 acre tract designated as Tract 4 and described in the | ||
deed to the City of Kyle, Texas of record in Volume 3220, Page 508, | ||
Official Public Records of Hays County, Texas, being the north | ||
right-of-way line of Kohlers Crossing, a variable-width | ||
right-of-way, for the southerly southeast corner and POINT OF | ||
BEGINNING of the tract described herein; | ||
THENCE leaving the west right-of-way line of the said Union | ||
Pacific Railroad right-of-way, with the north right-of-way line of | ||
said Kohlers Crossing, with the north line of the said 0.576 acre | ||
tract, and with the south line of the tract described herein, the | ||
following two (2) courses and distances: | ||
1. S 88°53'49" W, a distance of 1,304.72 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set for an angle | ||
point, and | ||
2. S 88°49'05" W, a distance of 332.13 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set at the intersection | ||
of the north right-of-way line of said Kohlers Crossing and the east | ||
right-of-way line of Kyle Parkway, at the southeast corner of a | ||
certain called 28.91 acre tract described in the dedication of | ||
public right-of-way to the City of Kyle, Texas of record in Volume | ||
4122, Page 67, Official Public Records of Hays County, Texas, for | ||
the southerly southwest corner of the tract described herein; | ||
THENCE leaving the north right-of-way line of said Kohlers | ||
Crossing, with the east right-of-way line of said Kyle Parkway, | ||
crossing the said 983.99 acre tract, with the east line of the said | ||
28.91 acre tract, with the west line of the tract described herein, | ||
the following four (4) courses and distances: | ||
1. N 47°23'20" W, a distance of 50.34 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for an angle point, | ||
for the westerly southwest corner of the tract described herein, | ||
2. N 03°39'40" W, a distance of 355.98 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for a | ||
point-of-curvature, | ||
3. with the arc of a curve to the right, having a radius of | ||
2,764.78 feet, an arc distance of 355.80 feet, and a chord which | ||
bears N 00°01'17" E, a distance of 355.55 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for a | ||
point-of-tangency, and | ||
4. N 03°42'29" E, a distance of 1,223.27 feet to a calculated point | ||
for the south corner of a certain called 0.931 acre tract designated | ||
as Parcel 4 and described in the deed to the City of Kyle, Texas of | ||
record in Volume 4122, Page 86, Official Public Records of Hays | ||
County, Texas, for an angle point in the west line of the tract | ||
described herein, from which a Texas Department of Transportation | ||
(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found | ||
bears N 13°25' E, a distance of 0.38 feet; | ||
THENCE continuing across the said 983.99 acre tract, with the | ||
east right-of-way line of said Kyle Parkway, with the east line of | ||
the said 0.931 acre tract, and with the west line of the tract | ||
described herein, the following three (3) courses and distances: | ||
1. N 08°32'06" E, a distance of 238.83 feet to a Texas Department of | ||
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in | ||
concrete) found at an angle point, | ||
2. N 03°43'16" E, a distance of 464.30 feet to a Texas Department of | ||
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in | ||
concrete) found at a point-of-curvature, and | ||
3. with the arc of a curve to the left, having a radius 2,984.79 | ||
feet, an arc distance of 864.55 feet, and a chord which bears N | ||
04°35'15" W, a distance of 861.53 feet to a calculated point for the | ||
northwest corner of the tract described herein, from which a Texas | ||
Department of Transportation (TxDOT) Type 2 right-of-way monument | ||
(brass disk in concrete) found at a point-of-tangency in the east | ||
right-of-way line of said Kyle Parkway and the east line of the said | ||
0.931 acre tract bears with the arc of a curve to the left, having a | ||
radius of 2,984.79 feet, an arc distance of 451.18 feet, and a chord | ||
which bears N 17°12'57" W, a distance of 450.75 feet; | ||
THENCE leaving the east right-of-way line of said Kyle | ||
Parkway and the east line of the said 0.931 acre tract, crossing the | ||
said 983.99 acre tract, with the north line of the tract described | ||
herein, the following seven (7) courses and distances: | ||
1. N 78°54'52" E, a distance of 599.41 feet to a calculated angle | ||
point, | ||
2. N 84°23'20" E, a distance of 307.89 feet to a calculated angle | ||
point, | ||
3. N 89°38'16" E, a distance of 365.98 feet to a calculated angle | ||
point, | ||
4. S 79°24'43" E, a distance of 289.83 feet to a calculated angle | ||
point, | ||
5. S 63°16'05" E, a distance of 339.74 feet to a calculated angle | ||
point, | ||
6. S 70°05'41" E, a distance of 312.86 feet to a calculated angle | ||
point, and | ||
7. S 70°11'42" E, a distance of 218.01 feet to a calculated point in | ||
the west right-of-way line of the said Union Pacific Railroad and | ||
the east line of the said 983.99 acre tract, for the northeast | ||
corner of the tract described herein, from which a 1/2-inch iron rod | ||
found in the west right-of-way line of the said Union Pacific | ||
Railroad at the northeast corner of the said 983.99 acre tract, at | ||
the southeast corner of a certain called 151.960 acre tract | ||
described in a deed to Flint Hills Resources Central Texas, LLC of | ||
record in Document No. 2015-15008284, Official Public Records of | ||
Hays County, Texas, bears N 13°28'48" E, a distance of 1,692.66 | ||
feet; | ||
THENCE S 13°28'48" W, with the west right-of-way line of the | ||
said Union Pacific Railroad and the east line of the said 983.99 | ||
acre tract, with an east line of the tract described herein, a | ||
distance of 781.12 feet to a calculated point at the northeast | ||
corner of that certain tract of land dedicated to the International & | ||
Great Northern Railroad of record in Volume N, Page 428, Deed | ||
Records of Hays County, Texas, for the southeast corner of the tract | ||
described herein, from which a 1/2-inch iron rod found bears S | ||
88°18' W, a distance of 0.23 feet; | ||
THENCE with the north and west right-of-way line of the said | ||
Union Pacific Railroad, same being the said International & Great | ||
Northern Railroad of record in Volume N, Page 428, Deed Records of | ||
Hays County, Texas, and a south and east line of the said 983.99 | ||
acre tract, with a south and east line of the tract described | ||
herein, the following two (2) courses and distances: | ||
1. S 88°17'16" W, a distance of 378.46 feet to a 1/2-inch iron rod | ||
found at the northwest corner of the said International & Great | ||
Northern Railroad tract, at a re-entrant corner of the said 983.99 | ||
acre tract, for a re-entrant corner of the tract described herein, | ||
and | ||
2. S 00°43'41" E, a distance of 1,693.36 feet to a calculated point | ||
in the west right-of-way line of the said Union Pacific Railroad | ||
right-of-way, at the south corner of the said International & Great | ||
Northern Railroad tract, at an angle point in the east line of the | ||
said 983.99 acre tract, for an angle point in the east line of the | ||
tract described herein; | ||
THENCE S 13°28'03" W, with the west right-of-way line of the | ||
said Union Pacific Railroad and the east line of the said 983.99 | ||
acre tract, with the east line of the tract described herein, a | ||
distance of 811.29 feet to the POINT OF BEGINNING and containing | ||
156.881 acres of land, more or less. | ||
BEARING BASIS: Texas Coordinate System, South Central Zone, | ||
NAD83, Grid. | ||
TRACT 2 | ||
DESCRIPTION OF 105.19 ACRES OF LAND IN THE JOHN COOPER | ||
SURVEY NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, AND | ||
THE JESSE DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A | ||
PORTION OF THAT CERTAIN CALLED 185.77 ACRES OF LAND | ||
DESIGNATED AS TRACT 4 OF EXHIBIT "A" DESCRIBED IN THE DEED TO | ||
MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, | ||
OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 105.19 | ||
ACRES OF LAND, AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., | ||
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS | ||
FOLLOWS: | ||
BEGINNING at a 1/2-inch iron rod with plastic cap | ||
stamped "LOOMIS" previously set in the south right-of-way | ||
line of Kohlers Crossing (Hays County Road No. 171), a | ||
varying width right-of-way, in the east line of that certain | ||
40-foot wide tract of land described in the deed to | ||
International and Great Northern Railroad Company of record | ||
in Volume H, Page 25, Deed Records of Hays County, Texas, | ||
being 20-ft east of the centerline of the railroad track, for | ||
the southwest corner of a certain called 0.498 of one acre | ||
tract designated as Parcel 5, Tract 1 and described in | ||
Exhibit A in the deed to the City of Kyle, Texas of record in | ||
Volume 3218, Page 810, Official Public Records of Hays | ||
County, Texas, for the northwest corner and POINT OF | ||
BEGINNING of the tract described herein; | ||
THENCE N 88° 52' 31" E, with the south right-of-way line | ||
of said Kohlers Crossing and the south line of the said 1.845 | ||
acre tract, with the north line of the tract described | ||
herein, a distance of 1,117.83 feet to a 1/2-inch iron rod | ||
with plastic cap stamped "BCG" set for the northwest corner | ||
of Lot 1, Block A, Plum Creek Phase I, Lot 1, Block A Business | ||
Park, a subdivision according to the plat of record in | ||
Cabinet 14, Slides 34-35, Plat Records of Hays County, Texas, | ||
and for the southwest corner of a certain called 0.187 of one | ||
acre tract described in the deed to Plum Creek Development | ||
Partners, Ltd. of record in Volume 3145, Page 369, Official | ||
Public Records of Hays County, Texas and dedicated as | ||
right-of-way in the said Plum Creek Phase I, Lot 1, Block A | ||
Business Park plat, for the northerly northeast corner of the | ||
tract described herein; | ||
THENCE leaving the south right-of-way line of said | ||
Kohlers Crossing, with the west and south lines of said Lot 1, | ||
Block A, Plum Creek Phase I, Lot 1, Block A Business Park, | ||
with the an east and north line of the tract described herein, | ||
the following two (2) courses and distances: | ||
1. S 01° 07' 29" E. a distance of 669.00 feet to a 1/2-inch | ||
iron rod with plastic cap stamped "LAI" previously set for | ||
the southwest corner of said Lot 1, Block A, Plum Creek Phase | ||
I, Lot 1, Block A Business Park, and for a re-entrant corner | ||
of the tract described herein, and | ||
2. N 88° 52' 31" E, a distance of 326.00 feet to a 1/2-inch | ||
iron rod with plastic cap stamped "LOOMIS" previously set in | ||
the west line of a certain called 3.239 acre tract described | ||
in the deed to Plum Creek Development Partners, LTD. of | ||
record in Volume 3181, Page 307, Official Public Records of | ||
Hays County, Texas, same being the west right-of-way line of | ||
Marketplace Avenue, an 80-foot right-of-way, as shown on the | ||
said Plum Creek Phase I, Lot 1, Block A Business Park plat, | ||
for the southeast corner of said Lot 1, Block A, Plum Creek | ||
Phase I, Lot 1, Block A Business Park, for the easterly | ||
northeast corner of the tract described herein; | ||
THENCE S 01° 07' 29" E, with the west right-of-way line | ||
of said Marketplace Avenue and the west line of the said 3.239 | ||
acre tract, with the east line of the tract described herein, | ||
a distance of 1,106.69 feet to a 1/2-inch iron rod with | ||
plastic cap stamped "LAI" previously set in the south line of | ||
the said 185.77 acre tract and the northwest line of a certain | ||
called 126.130 acre tract designated as Tract 1 and described | ||
in the deed to Sheldon-Tanglewood, LTD. of record in Volume | ||
2495, Page 677, Official Public Records of Hays County, | ||
Texas, for the easterly southeast corner of the tract | ||
described herein; | ||
THENCE S 46° 04' 39" W, leaving the west right-of-way | ||
line of said Marketplace Avenue, with the south line of the | ||
said 185.77 acre tract and the northwest line of the said | ||
126.130 acre tract, with the southeast line of the tract | ||
described herein, at a distance of approximately 927.4 feet, | ||
passing the west corner of the said 126.130 acre tract and the | ||
north corner of a certain called 70.657 acre tract designated | ||
as Kirkham Tract I and described in the deed to | ||
Sheldon-Tanglewood, LTD. of record in Volume 2495, Page 658, | ||
Official Public Records of Hays County, Texas, and continuing | ||
with the south line of the said 185.77 acre tract and the | ||
northwest line of the said 70.657 acre tract for a total | ||
distance of 2,923.83 feet to a 1/2-inch iron rod with plastic | ||
cap stamped "BCG" set in the northeast right-of-way line of | ||
F.M. 1626, a varying-width right-of-way, for the east corner | ||
of a certain called 0.04 acre tract described in the deed to | ||
the City of Kyle, Texas of record in Volume 1871, Page 241, | ||
Official Public Records of Hays County, Texas, and dedicated | ||
as right-of-way in Exhibit A of record in Volume 4122, Page | ||
67, Official Public Records of Hays County, Texas, and for | ||
the northerly northwest corner of a certain called 9.20 acre | ||
tract described in the deed to the City of Kyle, Texas of | ||
record in Volume 2022, Page 363, Official Public Records of | ||
Hays County, Texas, for the southerly southwest corner of the | ||
tract described herein; | ||
THENCE N 60° 06' 35" W, with the northeast right-of-way | ||
line of said F.M. 1626 and the northeast line of the said 0.04 | ||
acre tract, with the southwest line of the tract described | ||
herein, a distance of 44.60 feet to a 1/2-inch iron rod with | ||
plastic cap stamped "LAI" previously set in the east line of | ||
the said International and Great Northern Railroad Company | ||
tract for the westerly southwest corner of the tract | ||
described herein; | ||
THENCE with the east line of the said International and | ||
Great Northern Railroad Company tract and the west line of | ||
the tract described herein, the following three (3) courses | ||
and distances: | ||
1. N 09° 02' 18" E, a distance of 2,648.42 feet to a 1/2-inch | ||
iron rod with plastic cap stamped "LOOMIS" previously set for | ||
a point of curvature, | ||
2. with an arc of a curve to the right, having a radius of | ||
7,380.00 feet, an arc distance of 575.74 feet and a chord | ||
which bears N 11° 16' 24" E, a distance of 575.59 feet to a | ||
1/2-inch iron rod with plastic cap stamped "LOOMIS" | ||
previously set for a point of tangency, and | ||
3. N 13° 30' 30" E, a distance of 589.29 feet to the POINT OF | ||
BEGINNING and containing 105.19 acres of land more or less. | ||
BEARING BASIS: Bearings recited herein are Texas Coordinate | ||
System, South Central Zone, NAD83, Grid. | ||
TRACT 3 | ||
DESCRIPTION OF 23.676 ACRES LAND IN THE JOHN COOPER SURVEY | ||
NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, AND THE JESSE | ||
DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF A CERTAIN | ||
CALLED 185.77 ACRES OF LAND DESCRIBED AS TRACT 4 OF EXHIBIT "A" IN A | ||
DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME | ||
2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID | ||
23.676 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., | ||
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped | ||
"LAI" previously set at the intersection of the south right-of-way | ||
line of Kohlers Crossing (County Road 171), a varying-width | ||
right-of-way, and the east right-of-way line of Marketplace Avenue, | ||
a 60-foot right-of-way, as shown on the Plum Creek Phase 1, Lot 1, | ||
Block A, Business Park plat of record in Cabinet 14, Pages 34-35, | ||
Plat Records of Hays County, Texas, same being the southwest corner | ||
of a certain called 1.347 acre tract designated as Parcel 5, Tract 2 | ||
and described in Exhibit A in the deed to the City of Kyle, Texas of | ||
record in Volume 3218, Page 810, Official Public Records of Hays | ||
County, Texas, for the northwest corner and POINT OF BEGINNING of | ||
the tract described herein; | ||
THENCE leaving the east right-of-way line of said Marketplace | ||
Avenue, with the south right-of-way line of said Kohlers Crossing, | ||
with the south line of the said 1.347 acre tract, and the north line | ||
of the tract described herein, the following three (3) courses and | ||
distances: | ||
1. N 88°52'31" E, a distance of 699.00 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for a re-entrant | ||
corner of the said 1.347 acre tract, for the northerly northeast | ||
corner of the tract described herein, | ||
2. S 01°07'29" E, a distance of 15.00 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for a southwest | ||
corner of the said 1.347 acre tract, for a re-entrant corner of the | ||
tract described herein, and | ||
3. N 88°52'31" E, a distance of 125.82 feet to a calculated point | ||
for the easterly northeast corner of the tract described herein, | ||
from which a 1/2-inch iron rod with a plastic cap stamped "LAI" | ||
previously set for a southeast corner of the said 1.347 acre tract | ||
in the south right-of-way line of said Kohlers Crossing bears N | ||
88°52'31" E, a distance of 249.78 feet; | ||
THENCE S 05°29'35" W, leaving the south right-of-way line of | ||
said Kohlers Crossing and the south line of the said 1.347 acre | ||
tract, crossing the said 185.77 acre tract, with the east line of | ||
the tract described herein, a distance of 1,040.89 feet to a | ||
1/2-inch iron rod found at an angle point in the south line of the | ||
said 185.77 acre tract, same being a north corner of a certain | ||
called 126.130 acre tract designated as Tract I and described in the | ||
deed to Sheldon - Tanglewood, Ltd. of record in Volume 2495, Page | ||
677, Official Public Records of Hays County, Texas, for the | ||
southeast corner of the tract described herein; | ||
THENCE S 46°04'39" W, with a southeast line of the said 185.77 | ||
acre tract and the northwest line of the said 126.130 acre tract, | ||
with the southeast line of the tract described herein, at a distance | ||
of 899.28 feet, a 1/2-inch iron rod with a plastic cap stamped "MW | ||
Cude" found bears S 43°55'14" E, a distance of 3.81 feet, and | ||
continuing for a total distance of 960.62 feet to a 1/2-inch iron | ||
rod with a plastic cap stamped "LAI" previously set for the | ||
southeast terminus of said Marketplace Avenue, for the southwest | ||
corner of the tract described herein; | ||
THENCE N 01°07'29" W, leaving the northwest line of the said | ||
126.130 acre tract, with the east right-of-way line of said | ||
Marketplace Avenue, with the west line of the tract described | ||
herein, a distance of 1,701.61 feet to the POINT OF BEGINNING and | ||
containing 23.676 acres of land, more or less. | ||
BEARING BASIS: Texas Coordinate System, South Central Zone, | ||
NAD83, Grid. | ||
TRACT 4 | ||
DESCRIPTION OF 46.400 ACRES LAND IN THE JOHN COOPER SURVEY | ||
NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, THE THOMAS ALLEN | ||
SURVEY NO. 1, A-26, AND THE JOHN KING SURVEY NO. 20, A-276, HAYS | ||
COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 185.77 ACRES OF | ||
LAND DESCRIBED AS TRACT 4 OF EXHIBIT "A" IN A DEED WITHOUT WARRANTY | ||
TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, OFFICIAL | ||
PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING ALL OF A CERTAIN | ||
CALLED 0.353 ACRE TRACT DESCRIBED IN THE DEED TO PLUM CREEK | ||
DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 2902, PAGE 563, | ||
OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 46.400 ACRES OF | ||
LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE | ||
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped | ||
"LAI" previously set at the intersection of the west right-of-way | ||
line of Hays County Road No. 210, also known as Dry Hole Road and as | ||
Old State Highway No. 2, a variable-width right-of-way, and the | ||
south right-of-way line of Kohlers Crossing, a variable-width | ||
right-of-way, same being the southeast corner of a certain called | ||
1.347 acre tract designated as Tract 2 and described in the deed to | ||
the City of Kyle, Texas of record in Volume 3218, Page 810, Official | ||
Public Records of Hays County, Texas, for the easterly northeast | ||
corner and POINT OF BEGINNING of the tract described herein; | ||
THENCE leaving the south right-of-way line of said Kohlers | ||
Crossing, with the west right-of-way line of said Hays County Road | ||
No. 210, and the east line of the said 185.77 acre tract, with the | ||
east line of the tract described herein, the following three (3) | ||
courses and distances: | ||
1. S 00°25'18" W, at a distance of 7.98 feet, passing a 1/2-inch | ||
iron rod with a plastic cap stamped "LAI" previously set for the | ||
northeast corner of the said 0.353 acre tract, and continuing for a | ||
total distance of 446.78 feet to a 1/2-inch iron rod with a plastic | ||
cap stamped "LAI" previously set for an angle point, | ||
2. S 08°52'40" W, a distance of 965.87 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for an angle point, | ||
and | ||
3. S 13°43'40" W, a distance of 229.23 feet to a 1/2-inch iron rod | ||
found at the southeast corner of the said 185.77 acre tract, the | ||
southeast corner of the said 0.353 acre tract, the northeast corner | ||
of a certain called 126.130 acre tract designated as Tract I and | ||
described in the deed to Sheldon - Tanglewood, Ltd. of record in | ||
Volume 2495, Page 677, Official Public Records of Hays County, | ||
Texas, same being the northeast corner of a certain called 0.390 | ||
acre tract designated as Parcel No. 3 and described in the deed to | ||
Hays County, Texas of record in Volume 2941, Page 666, Official | ||
Public Records of Hays County, Texas, for the southeast corner of | ||
the tract described herein; | ||
THENCE leaving the west right-of-way line of said Hays County | ||
Road No. 210, with a southwest line of the said 185.77 acre tract | ||
and the northeast line of the said 126.130 acre tract, with the | ||
south line of the tract described herein, the following two (2) | ||
courses and distances: | ||
1. N 67°09'34" W, at a distance of 12.20 feet, passing a 1/2-inch | ||
iron rod with a plastic cap stamped "LAI" previously set for the | ||
southwest corner of the said 0.353 acre tract and the northwest | ||
corner of the said 0.390 acre tract, at a distance of 548.41 feet, a | ||
1/2-inch iron rod with a plastic cap stamped "MW Cude" found bears S | ||
22°50'26" W, a distance of 1.48 feet, at a distance of 1,064.14 feet, | ||
a 1/2-inch iron rod with a plastic cap stamped "MW Cude" found bears | ||
S 22°50'26" W, a distance of 1.18 feet, and continuing for a total | ||
distance of 1,130.45 feet to a 60-d nail found in an old tree stump | ||
for an angle point in the south line of the tract described herein, | ||
and | ||
2. N 67°08'12" W, at a distance of 31.10 feet, a 1/2-inch iron rod | ||
with a plastic cap stamped "MW Cude" found bears S 22°51'48" W, a | ||
distance of 1.04 feet, and continuing for a total distance of 353.96 | ||
feet to a 1/2-inch iron rod found at an angle point in the south line | ||
of the said 185.77 acre tract, same being the north corner of the | ||
said 126.130 acre tract, for the southwest corner of the tract | ||
described herein; | ||
THENCE N 05°29'35" E, leaving the north line of the said | ||
126.130 acre tract, crossing the said 185.77 acre tract, with the | ||
west line of the tract described herein, a distance of 1,040.89 feet | ||
to a calculated point in the south right-of-way line of said Kohlers | ||
Crossing and the south line of the said 1.347 acre tract, for the | ||
westerly northwest corner of the tract described herein, from which | ||
a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set | ||
for a southwest corner of the said 1.347 acre tract bears S 88°52'31" | ||
W, a distance of 125.83 feet; | ||
THENCE with the south right-of-way line of said Kohlers | ||
Crossing, with the south line of the said 1.347 acre tract, with the | ||
north lines of the tract described herein, the following four (4) | ||
courses and distances: | ||
1. N 88°52'31" E, a distance of 249.77 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for a southeast | ||
corner of the said 1.347 acre tract, for a re-entrant corner of the | ||
tract described herein, | ||
2. N 01°07'29" W, a distance of 18.00 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for a re-entrant | ||
corner of the said 1.347 acre tract, for the northerly northwest | ||
corner of the tract described herein, | ||
3. N 88°52'31" E, a distance of 1,191.46 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for an angle point | ||
of the said 1.347 acre tract, for the northerly northeast corner of | ||
the tract described herein, and | ||
4. S 44°34'42" E, a distance of 49.09 feet to the POINT OF BEGINNING | ||
and containing 46.400 acres of land, more or less. | ||
BEARING BASIS: Texas Coordinate System, South Central Zone, | ||
NAD83, Grid. | ||
TRACT 5 | ||
DESCRIPTION OF 157.726 ACRES LAND IN THE M.M. MCCARVER SURVEY | ||
NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A | ||
CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND | ||
DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF | ||
RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS | ||
COUNTY, TEXAS; SAID 157.726 ACRES OF LAND AS SURVEYED BY BOWMAN | ||
CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES | ||
AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a mag-nail previously set in the north line of | ||
the said 983.99 acre tract and the south line of a certain tract of | ||
land described in the deed to Texas-Lehigh Cement Company of record | ||
in Volume 609, Page 843, Real Property Records of Hays County, | ||
Texas, for the northeast corner of a certain called 28.91 acre tract | ||
described in the dedication of public right-of-way to the City of | ||
Kyle, Texas of record in Volume 4122, Page 67, Official Public | ||
Records of Hays County, Texas, same being the east right-of-way | ||
line of Kyle Parkway, a variable-width right-of-way, for the | ||
northwest corner and POINT OF BEGINNING of the tract described | ||
herein; | ||
THENCE N 88°09'34" E, leaving the east right-of-way line of | ||
said Kyle Parkway, with the north line of the said 983.99 acre tract | ||
and the south line of the said Texas-Lehigh Cement Company tract, | ||
with the north line of the tract described herein, at a distance of | ||
1,870.26 feet, passing a calculated point for the southeast corner | ||
of the said Texas-Lehigh tract, same being the southwest corner of a | ||
certain called 21.6 acre tract described in the deed to Hays County | ||
Youth Athletic Association of record in Volume 356, Page 294, Deed | ||
Records of Hays County, Texas, from which a 1/2-inch iron rod found | ||
bears N 01°34'50" W, 1.38 feet, and continuing with the south line of | ||
the said 21.6 acre tract for a total distance of 2,530.40 feet to a | ||
1/2-inch iron rod found at the northeast corner of the said 983.99 | ||
acre tract and at the westerly northwest corner of a certain called | ||
151.960 acre tract described in a deed to Flint Hills Resources | ||
Central Texas, LLC of record in Document No. 2015-15008284, | ||
Official Public Records of Hays County, Texas, for the northerly | ||
northeast corner of the tract described herein; | ||
THENCE with a west and south line of the said 151.960 acre | ||
tract, with an east and north line of the said 983.99 acre tract, | ||
with an east and north line of the tract described herein, the | ||
following two (2) courses and distances: | ||
1. S 01°56'20" E, a distance of 1,296.09 feet to a cotton-gin | ||
spindle found at the southwest corner of the said 151.960 acre tract | ||
and at a re-entrant corner of the said 983.99 acre tract, for a | ||
re-entrant corner of the tract described herein, and | ||
2. N 88°19'25" E, a distance of 1,023.18 feet to a 1/2-inch iron rod | ||
found in the west right-of-way line of that certain Union Pacific | ||
Railroad right-of-way described in the deed to the International & | ||
Great Northern Railroad Company of record in Volume H, Page 22, Deed | ||
Records of Hays County, Texas, for the northeast corner of the said | ||
983.99 acre tract, and the southeast corner of the said 151.960 acre | ||
tract, for the easterly northeast corner of the tract described | ||
herein; | ||
THENCE S 13°28'48" W, leaving the south line of the said | ||
151.960 acre tract, with the west right-of-way line of the said | ||
Union Pacific Railroad and the east line of the said 983.99 acre | ||
tract, with an east line of the tract described herein, a distance | ||
of 1,692.66 feet to a calculated point for the southeast corner of | ||
the tract described herein, from which a calculated point in the | ||
west right-of-way line of the said Union Pacific Railroad at the | ||
northeast corner of that certain tract of land dedicated to the | ||
International & Great Northern Railroad of record in Volume N, Page | ||
428, Deed Records of Hays County, Texas, bears S 13°28'48" W, a | ||
distance of 781.12 feet, and from which a 1/2-inch iron rod found | ||
bears S 88°18' W, a distance of 0.23 feet; | ||
THENCE leaving the west right-of-way line of the said Union | ||
Pacific Railroad, crossing the said 983.99 acre tract, with the | ||
south line of the tract described herein, the following seven (7) | ||
courses and distances: | ||
1. N 70°11'42" W, a distance of 218.01 feet to a calculated angle | ||
point, | ||
2. N 70°05'41" W, a distance of 312.86 feet to a calculated angle | ||
point, | ||
3. N 63°16'05" W, a distance of 339.74 feet to a calculated angle | ||
point, | ||
4. N 79°24'43" W, a distance of 289.83 feet to a calculated angle | ||
point, | ||
5. S 89°38'16" W, a distance of 365.98 feet to a calculated angle | ||
point, | ||
6. S 84°23'20" W, a distance of 307.89 feet to a calculated angle | ||
point, and | ||
7. S 78°54'52" W, a distance of 599.41 feet to a calculated point in | ||
the east right-of-way line of said Kyle Parkway, same being the east | ||
line of a certain called 0.931 acre tract designated as Parcel 4 and | ||
described in the deed to the City of Kyle, Texas of record in Volume | ||
4122, Page 86, Official Public Records of Hays County, Texas, for | ||
the southwest corner of the tract described herein, from which a | ||
Texas Department of Transportation (TxDOT) Type 2 right-of-way | ||
monument (brass disk in concrete) found at a point-of-tangency in | ||
the east right-of-way line of said Kyle Parkway, and the said 0.931 | ||
acre tract bears with the arc of a curve to the right, having a | ||
radius of 2,984.79 feet, an arc distance of 864.55 feet, and a chord | ||
which bears S 04°35'15" E, a distance of 861.53 feet; | ||
THENCE continuing across the said 983.99 acre tract, with the | ||
east right-of-way line of said Kyle Parkway and the east line of the | ||
said 0.931 acre tract, with the west line of the tract described | ||
herein, the following two (2) courses and distances: | ||
1. with the arc of a curve to the left, having a radius of 2,984.79 | ||
feet, an arc distance of 451.18 feet, and a chord which bears N | ||
17°12'57" W, a distance of 450.75 feet to a Texas Department of | ||
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in | ||
concrete) found at a point-of-tangency, and | ||
2. N 26°47'39" W, a distance of 222.09 feet to a calculated point in | ||
the east line of the said 28.91 acre tract for the north corner of | ||
the said 0.931 acre tract, for an angle point in the west line of the | ||
tract described herein, from which a Texas Department of | ||
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in | ||
concrete) found bears S 26°19' E, a distance of 3.26 feet; | ||
THENCE continuing across the said 983.99 acre tract, with the | ||
east right-of-way line of said Kyle Parkway and the east line of the | ||
said 28.91 acre tract, with the west line of the tract described | ||
herein, the following two (2) courses and distances: | ||
1. N 21°32'51" W, a distance of 1,170.15 feet to a calculated | ||
point-of-curvature, from which a Texas Department of | ||
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in | ||
concrete) found bears N 22°04'05" E, a distance of 0.41 feet, and | ||
2. with the arc of a curve to the right, having a radius of | ||
2,764.78 feet, an arc distance of 898.49 feet, and a chord which | ||
bears N 12°14'15" W, a distance of 894.54 feet to the POINT OF | ||
BEGINNING and containing 157.726 acres of land, more or less. | ||
BEARING BASIS: Texas Coordinate System, South Central Zone, | ||
NAD83, Grid. | ||
TRACT 6 | ||
DESCRIPTION OF 133.892 ACRES LAND IN THE M.M. MCCARVER SURVEY | ||
NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A | ||
CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND | ||
DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF | ||
RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS | ||
COUNTY, TEXAS, AND ALL OF A CERTAIN CALLED 5.207 ACRE TRACT | ||
DESCRIBED IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN INSTRUMENT | ||
NO. 16029224, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID | ||
133.892 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., | ||
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped | ||
"LAI" previously set at the intersection of the north right-of-way | ||
line of Kohlers Crossing (County Road No. 171), a variable width | ||
right-of-way, same being the north line of a called 1.171 acre tract | ||
of land designated as Parcel 3, Tract 1, and described in a deed to | ||
the City of Kyle, Texas, of record in Volume 3220, Page 508, | ||
Official Public Records of Hays County, Texas, and the west | ||
right-of-way line of Benner, a 70-foot wide right-of-way, as shown | ||
on the Plum Creek Phase II, Section 1A subdivision plat of record in | ||
Cabinet 14, Pages 225-226, Plat Records of Hays County, Texas, for | ||
the southerly southeast corner and POINT OF BEGINNING of the tract | ||
described herein; | ||
THENCE with the north right-of-way line of said Kohlers | ||
Crossing, and the north line of the said 1.171 acre tract, with a | ||
south line of the tract described herein, the following four (4) | ||
courses and distances: | ||
1. S 88°49'05" W, a distance of 32.70 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for an angle point, | ||
2. S 87°37'32" W, a distance of 488.02 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for an angle point, | ||
3. S 87°50'11" W, at a distance of 225.44 feet, passing a 1/2-inch | ||
iron rod with a plastic cap stamped "BCG" previously set for a | ||
point-on line, and continuing for a total distance of 252.78 feet to | ||
a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set | ||
for an angle point, and | ||
4. S 87°19'58" W, a distance of 27.10 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for the southerly | ||
southeast corner of a certain called 324.250 acre tract designated | ||
as Tract 1 and described in the deed to Lennar Homes of Texas Land | ||
and Construction, Ltd. of record in Instrument No. 16029226, | ||
Official Public Records of Hays County, Texas, for the southwest | ||
corner of the tract described herein; | ||
THENCE with the east and south lines of the said 324.250 acre | ||
tract and the west and north lines of the tract described herein, | ||
the following seven (7) courses and distances: | ||
1. N 00°29'00" W, a distance of 715.18 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for an angle point, | ||
2. N 33°32'22" E, a distance of 340.44 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for an angle point, | ||
3. N 28°43'08" E, a distance of 349.81 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for an angle point, | ||
4. N 20°39'46" E, a distance of 412.04 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for an angle point, | ||
5. N 12°33'58" E, a distance of 413.82 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for an angle point, | ||
6. N 12°27'56" E, a distance of 448.13 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for a re-entrant | ||
corner, and | ||
7. N 73°20'14" E, a distance of 4.89 feet to a calculated point for | ||
an angle point in the east line of the said 324.250 acre tract, same | ||
being the southwest corner of the said 5.207 acre tract, from which | ||
a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set | ||
for an angle point in a south line of the said 5.207 acre tract bears | ||
N 73°20'14" E, a distance of 708.44 feet; | ||
THENCE with the east and west lines of the said 324.250 acre | ||
tract, with the northwest and northeast lines of the said 5.207 acre | ||
tract, with a northwest and northeast line of the tract described | ||
herein, the following eight (8) courses and distances: | ||
1. N 27°58'58" E, at a distance of 0.42 feet, passing a 1/2-inch | ||
iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found, and | ||
continuing for a total distance of 4.93 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle | ||
point of the tract described herein, | ||
2. N 45°36'55" E, a distance of 316.61 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle | ||
point, | ||
3. N 43°07'49" E, a distance of 67.72 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle | ||
point, | ||
4. N 60°11'22" E, a distance of 72.39 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle | ||
point, | ||
5. N 54°50'52" E, a distance of 110.19 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle | ||
point, | ||
6. N 44°44'47" E, a distance of 259.46 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle | ||
point, | ||
7. N 47°53'10" E, a distance of 93.75 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle | ||
point, and | ||
8. S 47°15'44" E, a distance of 538.63 feet to a to a 1/2-inch iron | ||
rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at a | ||
southwest corner of the said 324.250 acre tract, same being the | ||
southeast corner of the said 5.207 acre tract, for an angle point in | ||
the north line of the tract described herein; | ||
THENCE N 82°22'26" E, with a south line of the said 324.250 | ||
acre tract, with the north line of the tract described herein, a | ||
distance of 129.85 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "CHAPARRAL BOUNDARY" found at the west corner of a certain | ||
called 2.581 acre tract designated as Tract 4 and described in the | ||
said deed to Lennar Homes of Texas Land and Construction of record | ||
in Instrument No. 16029226, Official Public Records of Hays County, | ||
Texas, for an angle point in the north line of the tract described | ||
herein; | ||
THENCE leaving a south line of the said 324.250 acre tract, | ||
with the west and east lines of the said 2.581 acre tract, with a | ||
northeast and northwest line of the tract described herein, the | ||
following two (2) courses and distances: | ||
1. S 47°15'44" E, a distance of 607.02 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "CHAPARRAL BOUNDARY" found at the south | ||
corner of the said 2.581 acre tract, for an angle point in the north | ||
line of the tract described herein, and | ||
2. N 03°42'33" E, a distance of 476.77 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for the easterly | ||
southeast corner of the said 324.250 acre tract and the east corner | ||
of the said 2.581 acre tract, for a point-of-curvature in a west | ||
line of the tract described herein; | ||
THENCE with an east line of the said 324.250 acre tract, with | ||
the west line of the tract described herein, with the arc of a curve | ||
to the left, having a radius of 2,264.79 feet, an arc distance of | ||
606.17 feet, and a chord which bears N 06°03'20" W, a distance of | ||
604.37 feet to a calculated point for the northerly northwest | ||
corner of the tract described herein, from which a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for a | ||
point-of-tangency in an east line of the said 324.250 acre tract | ||
bears with the arc of a curve to the left, having a radius of | ||
2,264.79 feet, an arc distance of 309.28 feet, and a chord which | ||
bears N 17°38'07" W, a distance of 309.04 feet; | ||
THENCE N 79°43'41" E, crossing the said 983.99 acre tract, | ||
with a north line of the tract described herein, a distance of | ||
480.94 feet to a calculated point in the west line of a certain | ||
called 0.934 acre tract, designated as Parcel 1 and described in the | ||
deed to the City of Kyle, Texas of record in Volume 4122, Page 86, | ||
Official Public Records of Hays County, Texas, being west | ||
right-of-way line of Kyle Parkway (F.M. 1626) a variable width | ||
right-of-way, for the northeast corner of tract described herein, | ||
from which a Texas Department of Transportation (TxDOT) Type 2 | ||
right-of-way monument (brass disk in concrete) found at a | ||
point-of-tangency in the west right-of-way line of said Kyle | ||
Parkway and the west line of the said 0.934 acre tract bears with | ||
the arc of a curve to the left, having a radius of 2,744.79 feet, an | ||
arc distance of 404.05 feet, and a chord which bears N 17°19'37" W, a | ||
distance of 403.69 feet; | ||
THENCE with the west right-of-way line of said Kyle Parkway, | ||
with the west line of the said 0.934 acre tract, with the east line | ||
of the tract described herein, the following three (3) courses and | ||
distances: | ||
1. with the arc of a curve to the right, having a radius of | ||
2,744.79 feet, an arc distance of 805.93 feet, and a chord which | ||
bears S 04°41'53" E, a distance of 803.04 feet to a Texas Department | ||
of Transportation (TxDOT) Type 2 right-of-way monument (brass disk | ||
in concrete) found at a point-of-tangency, | ||
2. S 03°42'13" W, a distance of 553.75 feet to a Texas Department of | ||
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in | ||
concrete) found at an angle point, and | ||
3. S 00°31'13" E, a distance of 269.62 feet to a calculated point in | ||
the west right-of-way line of said Kyle Parkway, same being the west | ||
line of a certain called 28.91 acre tract described in the | ||
dedication of public right-of-way to the City of Kyle, Texas of | ||
record in Volume 4122, Page 67, Official Public Records of Hays | ||
County, Texas, for the south corner of the said 0.934 acre tract, | ||
for an angle point in the east line of the tract described herein, | ||
from which a Texas Department of Transportation (TxDOT) Type 2 | ||
right-of-way monument (brass disk in concrete) found bears S 00°31' | ||
E, a distance of 1.58 feet; | ||
THENCE with the west right-of-way line of said Kyle Parkway, | ||
with the west line of the said 28.91 acre tract, with the east line | ||
of the tract described herein, the following three (3) courses and | ||
distances: | ||
1. S 03°42'29" W, a distance of 1,102.95 feet to a Texas Department | ||
of Transportation (TxDOT) Type 2 right-of-way monument (brass disk | ||
in concrete) found at a point-of-curvature, | ||
2. with the arc of a curve to the left, having a radius of 2,964.78 | ||
feet, an arc distance of 381.54 feet, and a chord which bears S | ||
00°01'17" W, a distance of 381.27 feet to a Texas Department of | ||
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in | ||
concrete) found at a point-of-tangency, and | ||
3. S 03°39'40" E, a distance of 61.49 feet to a calculated point for | ||
the easterly southeast corner of the tract described herein, same | ||
being the northeast corner of a certain called 4.857 acre tract | ||
described in the deed to Plum Creek Development Partners, Ltd. of | ||
record in Volume 3337, Page 390, Official Public Records of Hays | ||
County, Texas, from which a Texas Department of Transportation | ||
(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found | ||
at an angle point in the west right-of-way line of said Kyle Parkway | ||
and the west line of the said 28.91 acre tract, and the east line of | ||
the said 4.857 acre tract, bears S 03°39'40" E, a distance of 286.04 | ||
feet; | ||
THENCE leaving the west right-of-way line of said Kyle | ||
Parkway, crossing the said 983.99 acre tract, with the north line of | ||
the said 4.857 acre tract, with a south line of the tract described | ||
herein, the following four (4) courses and distances: | ||
1. S 88°50'25" W, a distance of 124.99 feet to a calculated angle | ||
point, | ||
2. N 82°24'53" W, a distance of 131.55 feet to a calculated angle | ||
point, | ||
3. N 23°54'05" W, a distance of 85.73 feet to a calculated angle | ||
point, and | ||
4. N 53°55'11" W, a distance of 100.89 feet to a calculated point in | ||
the southeast line of a certain called 1.2623 acre tract described | ||
in the deed to Hays Consolidated Independent School District of | ||
record in Volume 2029, Page 668, Official Public Records of Hays | ||
County, Texas, for the north corner of the said 4.857 acre tract, | ||
for a southwest corner of the tract described herein, from which a | ||
1/2-inch iron rod with a plastic cap stamped "BCG" previously set | ||
for an angle point in the south line of the said 1.2623 acre tract | ||
and the north line of the said 4.857 acre tract bears S 58°53'16" W, | ||
a distance of 127.50 feet; | ||
THENCE with the east, north, and west lines of the said 1.2623 | ||
acre tract, with the west, south, and east lines of the tract | ||
described herein, the following five (5) courses and distances: | ||
1. N 58°53'16" E, a distance of 29.92 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for an angle point, | ||
2. N 01°06'44" W, a distance of 172.58 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for an angle point, | ||
3. N 61°06'44" W, a distance of 157.42 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for an angle point, | ||
4. S 88°53'16" W, a distance of 62.13 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for the northwest | ||
corner of the said 1.2623 acre tract, for a re-entrant corner of the | ||
tract described herein, and | ||
5. S 01°06'44" E, a distance of 69.54 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set in the west line of | ||
the said 1.2623 acre tract, for the northeast corner of a certain | ||
called 0.0606 acre tract described in the deed to Hays Consolidated | ||
Independent School District of record in Volume 2857, Page 753, | ||
Official Public Records of Hays County, Texas, for a southeast | ||
corner of the tract described herein; | ||
THENCE S 88°53'16" W, with the north line of the said 0.0606 | ||
acre tract, with the south line of the tract described herein, a | ||
distance of 15.00 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "LAI" previously set for the northwest corner of the said | ||
0.0606 acre tract and the northeast corner of a certain called 10.00 | ||
acre tract described in the deed to Hays Consolidated Independent | ||
School District of record in Volume 2029, Page 661, Official Public | ||
Records of Hays County, Texas, for a point-on-line in the south line | ||
of the tract described herein; | ||
THENCE S 88°50'25" W, with the north line of the said 10.00 | ||
acre tract, with the south line of the tract described herein, a | ||
distance of 465.45 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "LAI" previously set for the northern northwest corner of | ||
the said 10.00 acre tract, same being a point in the east line of a | ||
certain called 11.375 acre tract described in the deed to Plum Creek | ||
Development Partners, Ltd. of record in Volume 3311, Page 508, | ||
Official Public Records of Hays County, Texas, for a southwest | ||
corner of the tract described herein; | ||
THENCE with the east, north and west lines of the said 11.375 | ||
acre tract, and the west, south and east lines of the tract | ||
described herein, the following five (5) courses and distances: | ||
1. N 00°32'48" W, a distance of 69.99 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for the northeast | ||
corner of the said 11.375 acre tract, for a re-entrant corner of the | ||
tract described herein, | ||
2. S 88°50'25" W, a distance of 360.00 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for the northern | ||
northwest corner of the said 11.375 acre tract , for a re-entrant | ||
corner of the tract described herein, | ||
3. S 01°09'35" E, a distance of 70.00 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for a re-entrant | ||
corner of the said 11.375 acre tract, for a southeast corner of the | ||
tract described herein, | ||
4. S 88°50'25" W, a distance of 563.86 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "LAI" previously set for the western | ||
northwest corner of the said 11.375 acre tract, for a re-entrant | ||
corner of the tract described herein, and | ||
5. S 00°44'56" E, a distance of 230.40 feet to a 1/2-inch iron rod | ||
found in the west line of the said 11.375 acre tract, at the | ||
intersection of the north right-of-way line of Doherty, a 70-foot | ||
right-of-way, and the west right-of-way line of Benner, a 70-foot | ||
right-of-way, as shown on the Plum Creek Phase II, Section 1A | ||
subdivision plat of record in Cabinet 14, Pages 225-226, Plat | ||
Records of Hays County, Texas, for a point in the east line of the | ||
tract described herein; | ||
THENCE S 00°44'56" E, with the west right-of-way line of said | ||
Benner, with an east line of the tract described herein, a distance | ||
of 447.86 feet to the POINT OF BEGINNING and containing 133.892 | ||
acres of land more or less. | ||
BEARING BASIS: Texas Coordinate System, South Central Zone, | ||
NAD83, Grid. | ||
TRACT 7 | ||
DESCRIPTION OF 31.441 ACRES LAND IN THE M.M. MCCARVER SURVEY | ||
NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A | ||
CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND | ||
DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF | ||
RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS | ||
COUNTY, TEXAS; SAID 31.441 ACRES OF LAND AS SURVEYED BY BOWMAN | ||
CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES | ||
AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped | ||
"BCG" previously set in the north line of the said 983.99 acre tract | ||
and the south line of a certain tract of land described in the deed | ||
to Texas-Lehigh Cement Company of record in Volume 609, Page 843, | ||
Real Property Records of Hays County, Texas, for the northeast | ||
corner of a certain called 324.250 acre tract designated as Tract 1 | ||
and described in the deed to Lennar Homes of Texas Land and | ||
Construction of record in Instrument No. 16029226, Official Public | ||
Records of Hays County, Texas, for the northwest corner and POINT OF | ||
BEGINNING of the tract described herein; | ||
THENCE N 88°09'34" E, with the north line of the said 983.99 | ||
acre tract and the south line of the said Texas-Lehigh tract, with | ||
the north line of the tract described herein, at a distance of 39.77 | ||
feet, passing a 1-1/2-inch (I.D.) iron pipe found 0.99 feet north of | ||
line, at a distance of 198.91 feet, passing a 1/2-inch iron rod | ||
found 0.45 feet north of line, and continuing for a total distance | ||
of 475.14 feet to a calculated point in the west line of a certain | ||
called 0.392 acre tract designated as Parcel 3 and described in the | ||
deed to the City of Kyle, Texas of record in Volume 4122, Page 86, | ||
Official Public Records of Hays County, Texas, being the west | ||
right-of-way line of Kyle Parkway (F.M. 1626), a variable-width | ||
right-of-way, for the northerly northeast corner of the tract | ||
described herein, from which a Texas Department of Transportation | ||
(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found | ||
bears N 09°30' W, a distance of 0.12 feet; | ||
THENCE crossing the said 983.99 acre tract, with the west | ||
right-of-way line of said Kyle Parkway and the west line of the said | ||
0.392 acre tract, with the east line of the tract described herein, | ||
the following two (2) courses and distances: | ||
1. with the arc of a curve to the left, having a radius of 2,744.79 | ||
feet, an arc distance of 572.70 feet, and a chord which bears S | ||
08°20'37" E, a distance of 571.66 feet to a Texas Department of | ||
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in | ||
concrete) found at a point-of-tangency, and | ||
2. S 22°18'28" E, a distance of 224.36 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set in the west | ||
right-of-way line of said Kyle Parkway, same being the west line of | ||
a certain called 28.91 acre tract described in the dedication of | ||
public right-of-way to the City of Kyle, Texas of record in Volume | ||
4122, Page 67, Official Public Records of Hays County, Texas, for | ||
the south corner of the said 0.392 acre tract, for a | ||
point-of-curvature in the east line of the tract described herein, | ||
from which a Texas Department of Transportation (TxDOT) Type 2 | ||
right-of-way monument (brass disk in concrete) found bears S 22°47' | ||
E, a distance of 2.10 feet; | ||
THENCE continuing across the said 983.99 acre tract, with the | ||
curving west right-of-way line of said Kyle Parkway, with the west | ||
line of the said 28.91 acre tract, with the east line of the tract | ||
described herein, with the arc of a curve to the left, having a | ||
radius of 2964.79 feet, an arc distance of 150.32 feet, and a chord | ||
which bears S 19°33'47" E, a distance of 150.30 feet to a 1/2-inch | ||
iron rod with a plastic cap stamped "BCG" previously set for the | ||
north corner of a certain called 0.092 acre tract designated as | ||
Parcel 2 and described in the deed to the City of Kyle, Texas of | ||
record in Volume 4122, Page 86, Official Public Records of Hays | ||
County, Texas, for a point-of-tangency in the east line of the tract | ||
described herein, from which a Texas Department of Transportation | ||
(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found | ||
bears N 17°58' W, a distance of 3.48 feet; | ||
THENCE continuing across the said 983.99 acre tract, leaving | ||
the west line of the said 28.91 acre tract, with the west | ||
right-of-way line of said Kyle Parkway, with the west and south | ||
lines of the said 0.092 acre tract, and with the east line of the | ||
tract described herein, the following three (3) courses and | ||
distances: | ||
1. S 17°54'50" E, a distance of 141.47 feet to a Texas Department of | ||
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in | ||
concrete) found at an angle point, | ||
2. S 21°31'34" E, a distance of 379.00 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for the southwest | ||
corner of the said 0.092 acre tract, for a re-entrant corner in the | ||
east line of the tract described herein, and | ||
3. N 68°27'09" E, a distance of 8.98 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set in the west line of | ||
the said 28.91 acre tract, for the southeast corner of the said | ||
0.092 acre tract, for the easterly northeast corner of the tract | ||
described herein; | ||
THENCE S 21°32'51" E, continuing across the said 983.99 acre | ||
tract, with the west right-of-way line of said Kyle Parkway, with | ||
the west line of the said 28.91 acre tract, with the east line of the | ||
tract described herein, a distance of 602.34 feet to a 1/2-inch iron | ||
rod with a plastic cap stamped "BCG" previously set for the north | ||
corner of a certain called 0.934 acre tract designated as Parcel 1 | ||
and described in the deed to the City of Kyle, Texas of record in | ||
Volume 4122, Page 86, Official Public Records of Hays County, | ||
Texas, for an angle point in the east line of the tract described | ||
herein, from which a Texas Department of Transportation (TxDOT) | ||
Type 2 right-of-way monument (brass disk in concrete) found bears N | ||
17°43" W, a distance of 3.69 feet; | ||
THENCE continuing across the said 983.99 acre tract, with the | ||
west right-of-way line of said Kyle Parkway, with the west line of | ||
the said 0.934 acre tract, with the east line of the tract described | ||
herein, the following two (2) courses and distances: | ||
1. S 17°44'17" E, a distance of 296.83 feet to a Texas Department of | ||
Transportation (TxDOT) Type 2 right-of-way monument (brass disk in | ||
concrete) found at a point-of-curvature, and | ||
2. with the arc of a curve to the right, having a radius of | ||
2,744.79 feet, an arc distance of 404.05 feet, and a chord which | ||
bears S 17°19'37" E, a distance of 403.69 feet to a calculated point, | ||
for the southeast corner of the tract described herein, from which a | ||
Texas Department of Transportation (TxDOT) Type 2 right-of-way | ||
monument (brass disk in concrete) found at a point-of-tangency in | ||
the west right-of-way line of said Kyle Parkway and the west line of | ||
the said 0.934 acre tract bears with the arc of a curve to the right, | ||
having a radius of 2,744.79 feet, an arc distance of 805.93 feet, | ||
and a chord which bears S 04°41'53" E, a distance of 803.04 feet; | ||
THENCE S 79°43'41" W, leaving the west right-of-way line of | ||
said Kyle Parkway, continuing across the said 983.99 acre tract, | ||
with the south line of the tract described herein, a distance of | ||
480.94 feet to a calculated point in the curving east line of the | ||
said 324.250 acre tract for the southwest corner of the tract | ||
described herein, from which a 1/2-inch iron rod with a plastic cap | ||
stamped "BCG" previously set for the easterly southeast corner of | ||
the said 324.250 acre tract and the northeast corner of a certain | ||
called 2.581 acre tract designated as Tract 4 and described in the | ||
said deed to Lennar Homes of Texas Land and Construction of record | ||
in Instrument No. 16029226, Official Public Records of Hays County, | ||
Texas, bears with the arc of a curve to the right, having a radius of | ||
2,264.79 feet, an arc distance of 606.17 feet, and a chord which | ||
bears S 06°03'20" E, a distance of 604.37 feet; | ||
THENCE continuing across the said 983.99 acre tract, with the | ||
east line of the said 324.250 acre tract, with the west line of the | ||
tract described herein, the following three (3) courses and | ||
distances: | ||
1. with the arc of a curve to the left, having a radius of 2,264.79 | ||
feet, an arc distance of 309.28 feet, and a chord which bears N | ||
17°38'07" W, a distance of 309.04 feet to a 1/2-inch iron rod | ||
previously set for a point-of-tangency, | ||
2. N 21°32'51" W, a distance of 1,391.43 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set for a | ||
point-of-curvature, and | ||
3. with the arc of a curve to the right, having a radius of | ||
3,464.79 feet, an arc distance of 1,139.26 feet and a chord which | ||
bears N 12°07'40" W, a distance of 1,134.13 feet to the POINT OF | ||
BEGINNING and containing 31.441 acres of land more or less. | ||
BEARING BASIS: Texas Coordinate System, South Central Zone, | ||
NAD83, Grid. | ||
TRACT 8 | ||
DESCRIPTION OF 8.148 ACRES OF LAND IN THE JOHN COOPER SURVEY | ||
NO. 13, A-100 AND THE JESSE DAY SURVEY, A-152, HAYS COUNTY, TEXAS; | ||
BEING A PORTION OF THE REMAINDER OF A CERTAIN 849.267 ACRE TRACT | ||
DESCRIBED IN THE DEED TO WILLIAM NEGLEY, LIFE TENANT OF RECORD IN | ||
VOLUME 322, PAGE 589, DEED RECORDS OF HAYS COUNTY, TEXAS, AND ALSO | ||
IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2047, PAGE | ||
133, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING A | ||
PORTION OF THE REMAINDER OF THAT CERTAIN CALLED 190.110 ACRE TRACT | ||
DESIGNATED AS TRACT II, PARCEL 2, AND DESCRIBED IN THE SUBSTITUTE | ||
TRUSTEE'S DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF RECORD | ||
IN VOLUME 4072, PAGE 566, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, | ||
TEXAS; SAID 8.148 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING | ||
GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS | ||
AS FOLLOWS: | ||
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped | ||
"BCG" previously set in the south right-of-way line of Kohler's | ||
Crossing (County Road 171), a variable width right-of-way, in the | ||
south line of a certain called 1.252 acre tract designated as Parcel | ||
2, Tract 1, and described in a deed to the City of Kyle, Texas, of | ||
record in Volume 3218, Page 838, Official Public Records of Hays | ||
County, Texas, for the northeast corner of Lot 2, Block A, Plum | ||
Creek Phase I, Section 12A, a subdivision according to the plat of | ||
record in Cabinet 17, Pages 321.322, Plat Records of Hays County, | ||
Texas, for the northwest corner and POINT OF BEGINNING of the tract | ||
described herein; | ||
THENCE N 88°49'05" E, with the south right-of-way line of said | ||
Kohler's Crossing (County Road 171), with the south line of the said | ||
1.252 acre tract, with the north line of the tract described herein, | ||
at a distance of 296.70 feet passing a 1/2-inch iron rod with a | ||
plastic cap stamped "Loomis" previously set for a point-on-line in | ||
the north line of the tract described herein, at a distance of | ||
416.70 feet passing a 1/2-inch iron rod with a plastic cap stamped | ||
"Loomis" previously set for a point-on-line in the north line of the | ||
tract described herein, and continuing for a total distance of | ||
776.42 feet to a 1/2-inch iron rod with a plastic cap stamped | ||
"Loomis" previously set at the intersection of the south | ||
right-of-way line of said Kohler's Crossing (County Road 171) and | ||
the west right-of-way line of Cromwell Drive, a variable width | ||
right-of-way, as shown on the Plum Creek Phase I, Section 11J | ||
subdivision plat of record in Cabinet 17, Pages 42-43, Plat Records | ||
of Hays County, Texas, for the northwest corner of a certain called | ||
1.555 acre tract designated as Tract 1 and described in the deed to | ||
Plum Creek Development Partners, Ltd. of record in Volume 4576, | ||
Page 617, Official Public Records of Hays County, Texas, for a point | ||
of curvature in the north line of the tract described herein; | ||
THENCE with the west right-of-way line of said Cromwell | ||
Drive, with the west line of the said 1.555 acre tract designated as | ||
Tract 1, with the east line of the tract described herein, the | ||
following four (4) courses and distances: | ||
1. with the arc of a curve to the right, having a radius of 30.00 | ||
feet, an arc distance of 47.12 feet, and a chord bearing S 46°10'55" | ||
E, a distance of 42.43 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-tangency, | ||
2. S 01°10'55" E, a distance of 363.92 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set for a | ||
point-of-curvature, | ||
3. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 21.03 feet, and a chord bearing S 22°54'47" | ||
W, a distance of 20.41 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point of reverse curvature, | ||
and | ||
4. with the arc of a curve to the left, having a radius of 65.00 | ||
feet, an arc distance of 49.61 feet, and a chord bearing S 25°08'40" | ||
W, a distance of 48.41 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for the northeast corner of Lot 1, | ||
Block A, said Plum Creek Phase I, Section 11J, for the southeast | ||
corner of the tract described herein; | ||
THENCE S 88°49'05" W, leaving the west right-of-way line of | ||
said Cromwell Drive, with the north line of said Lot 1, Block A, | ||
Plum Creek Phase I, Section 11J, with a north line of the said 1.555 | ||
acre tract designated as Tract 1, with the south line of the tract | ||
described herein, a distance of 53.72 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set in the east line | ||
of the said 190.110 acre tract, for the west corner of the said | ||
1.555 acre tract designated as Tract 1, for a point-on-line in the | ||
south line of the tract described herein; | ||
THENCE S 88°49'05" W, crossing the said 190.110 acre tract, | ||
with the north line of said Lot 1, Block A, Plum Creek Phase I, | ||
Section 11J, with the south line of the tract described herein, a | ||
distance of 597.17 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a northwest corner of said Lot | ||
1, Block A, Plum Creek Phase I, Section 11J, for the southerly | ||
southwest corner of the tract described herein; | ||
THENCE N 01°10'55" W, crossing the said 190.110 acre tract, | ||
with the west line of the tract described herein, a distance of | ||
91.87 feet to a 1/2-inch iron rod with a plastic cap stamped | ||
"Loomis" previously set in the north line of the said 190.110 acre | ||
tract, for a re-entrant corner of the tract described herein; | ||
THENCE S 88°50'02" W, with the north line of the said 190.110 | ||
acre tract, with the south line of the tract described herein, a | ||
distance of 125.72 feet to a mag-nail previously set, for the | ||
westerly southwest corner of the tract described herein; | ||
THENCE N 01°10'55" W, crossing the remainder of the said | ||
849.267 acre tract, with the west line of the tract described | ||
herein, at a distance of 71.80 feet passing a mag-nail previously | ||
set for the southeast corner of said Lot 2, Block A, Plum Creek | ||
Phase I, Section 12A, and continuing with the east line of said Lot | ||
2, Block A, Plum Creek Phase I, Section 12A for a total distance of | ||
364.03 feet to the POINT OF BEGINNING and containing 8.148 acres of | ||
land, more or less. | ||
BEARING BASIS: Texas Coordinate System, South Central Zone, | ||
NAD83, Grid. | ||
TRACT 9 | ||
DESCRIPTION OF 15.017 ACRES OF LAND IN THE JESSE DAY SURVEY, | ||
A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF THE REMAINDER OF A | ||
CERTAIN 849.267 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM NEGLEY, | ||
LIFE TENANT OF RECORD IN VOLUME 322, PAGE 589, DEED RECORDS OF HAYS | ||
COUNTY, TEXAS, AND ALSO IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD | ||
IN VOLUME 2047, PAGE 133, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, | ||
TEXAS, A PORTION OF THE REMAINDER OF THAT CERTAIN CALLED 190.110 | ||
ACRE TRACT DESIGNATED AS TRACT II, PARCEL 2, AND DESCRIBED IN THE | ||
SUBSTITUTE TRUSTEE'S DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. | ||
OF RECORD IN VOLUME 4072, PAGE 566, OFFICIAL PUBLIC RECORDS OF HAYS | ||
COUNTY, TEXAS, A PORTION OF THAT CERTAIN CALLED 1.211 ACRE TRACT | ||
DESIGNATED AS TRACT 1-M AND DESCRIBED IN THE DEED TO PLUM CREEK | ||
DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 2126, PAGE 504, | ||
OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING A PORTION | ||
OF A CERTAIN CALLED 5.329 ACRE TRACT DESIGNATED AS PARCEL 4 AND | ||
DESCRIBED IN THE DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF | ||
RECORD IN VOLUME 2881, PAGE 599, OFFICIAL PUBLIC RECORDS OF HAYS | ||
COUNTY, TEXAS; SAID 15.017 ACRES OF LAND AS SURVEYED BY BOWMAN | ||
CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES | ||
AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped | ||
"Loomis" previously set at the intersection of the south | ||
right-of-way line of Vaughn, a 70 foot wide right-of-way, as shown | ||
on the Plum Creek Phase I, Section 11J subdivision plat of record in | ||
Cabinet 17, Pages 42-43, Plat Records of Hays County, Texas and the | ||
west right-of-way line of Kyle Parkway (F.M. 1626), in the west line | ||
of a certain called 22.83 acre tract described in the deed to the | ||
City of Kyle, Texas, of record in Volume 1871, Page 232, Official | ||
Public Records of Hays County, Texas, and corrected in Volume 1904, | ||
Page 813, Official Public Records of Hays County, Texas, same being | ||
the 22.83 acres described in the dedication of public right-of-way | ||
of record in Volume 4122, Page 67, Official Public Records of Hays | ||
County, Texas, for the southeast corner of a certain called 0.800 | ||
acre tract designated as Tract 2 and described in the deed to Plum | ||
Creek Development Partners, Ltd. of record in Volume 4576, Page | ||
617, Official Public Records of Hays County, Texas, for a | ||
point-of-tangency in the east line and POINT OF BEGINNING of the | ||
tract described herein; | ||
THENCE S 03°39'58'' E, with the west right-of-way line of said | ||
Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre | ||
tract, with the east line of the tract described herein, a distance | ||
of 932.34 feet to a 1/2-inch iron rod with a plastic cap stamped | ||
"BCG" previously set for the northeast corner of that 2.173 acre | ||
tract described in the deed to L & N Group, Inc, in the deed of | ||
record in Volume 5098, Page 500, Official Public Records of Hays | ||
County, Texas, for the eastern southeast corner of the tract | ||
described herein, from which a 1/2-inch iron rod with a plastic cap | ||
stamped "LAI" previously set at the southeast corner of the said | ||
2.173 acre tract, being the intersection of the west right-of-way | ||
line of said Kyle Parkway (F.M. 1626) and the north right-of-way | ||
line of Dorman Lane, an 80-foot right-of-way as shown on the Plum | ||
Creek Phase I, Section 11A Replat of record in Cabinet 15, Pages | ||
80-81, Plat Records of Hays County, Texas bears S 03°39'58'' E a | ||
distance of 298.72 feet; | ||
THENCE leaving the west right-of-way line of said Kyle | ||
Parkway (F.M. 1626) and crossing the said 849.267 acre tract with | ||
north and west lines of the said 2.173 acre tract being the south | ||
and east lines of the tract described herein, the following three | ||
(3) courses and distances: | ||
1. S 86°20'05'' W a distance of 275.88 feet to a 1/2-inch iron rod | ||
stamped "BCG" previously set for the northwest corner of the said | ||
2.173 acre tract and a re-entrant corner of the tract described | ||
herein, | ||
2. S 03°04'03'' E a distance of 326.54 feet to a 1/2-inch iron rod | ||
stamped "BCG" previously set for a point-of-curvature, and | ||
3. with the arc of a curve to the left, having a radius of 24.50 | ||
feet, an arc distance of 15.47 feet, and a chord bearing S 21°11'51'' | ||
E, a distance of 15.21 feet to a 1/2-inch iron rod stamped "BCG" | ||
previously set in the north right-of-way line of said Dorman Lane, | ||
for the southwest corner of the said 2.173 acre tract, and the | ||
southerly southeast corner of the tract described herein; | ||
THENCE S 87°00'20'' W with the north right-of-way line of said | ||
Dorman Lane a distance of 178.89 feet to a 1/2-inch iron rod with a | ||
plastic cap stamped "Loomis" previously set for a | ||
point-of-curvature in the north line of the said 5.329 acre tract; | ||
THENCE crossing the said 5.329 acre tract, with the north | ||
right-of-way line of said Dorman Lane, with the south line of the | ||
tract described herein, and with the east right-of-way line of | ||
Cromwell Drive, a variable-width right-of-way, as shown on the said | ||
Plum Creek Phase I, Section 11A Replat, and with the east line of | ||
the tract described herein, the following four (4) courses and | ||
distances: | ||
1. S 87°00'20" W, a distance of 80.00 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Rangerland Surveying" found at a | ||
point-of-curvature in the north right-of-way line of said Dorman | ||
Lane, | ||
2. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 21.58 feet, and a chord bearing N 68°15'55" | ||
W, a distance of 20.92 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-reverse curvature, | ||
3. with the arc of a curve to the left, having a radius of 75.00 | ||
feet, an arc distance of 21.06 feet, and a chord bearing N 51°34'54" | ||
W, a distance of 20.99 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Rangerland Surveying" found at a point-of-reverse | ||
curvature, and | ||
4. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 4.57 feet, and a chord bearing N 54°23'28" | ||
W, a distance of 4.56 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set in the west line of the said 5.329 | ||
acre tract and the east right-of-way line of said Cromwell Drive; | ||
THENCE with the curving east right-of-way line of said | ||
Cromwell Drive, with the arc of a curve to the right, having a | ||
radius of 25.00 feet, an arc distance of 20.14 feet, and a chord | ||
bearing N 26°04'29" W, a distance of 19.60 feet to a 1/2-inch iron | ||
rod with a plastic cap stamped "BCG" previously set at the northeast | ||
terminus of said Cromwell Drive, as shown on the said Plum Creek | ||
Phase 1, Section 11A Replat; | ||
THENCE crossing the remainder of the said 849.267 acre tract, | ||
with the west line of the tract described herein, the following ten | ||
(10) courses and distances: | ||
1. N 02°59'40" W, a distance of 320.00 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set; | ||
2. N 02°59'40" W, a distance of 268.15 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set for a | ||
point-of-curvature, | ||
3. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 22.83 feet, and a chord bearing N 23°10'14" | ||
E, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-reverse curvature, | ||
4. with the arc of a curve to the left, having a radius of 65.00 | ||
feet, an arc distance of 21.84 feet, and a chord bearing N 39°42'34" | ||
E, a distance of 21.74 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "BCG" previously set for a point-of-reverse curvature, | ||
5. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 24.54 feet, and a chord bearing N 58°12'31" | ||
E, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a re-entrant corner, | ||
6. N 03°39'58" W, a distance of 50.00 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set for a point of | ||
non-tangent curvature, | ||
7. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 24.54 feet, and a chord bearing N 65°32'26" | ||
W, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "BCG" previously set for a point-of-reverse curvature, | ||
8. with the arc of a curve to the left, having a radius of 65.00 | ||
feet, an arc distance of 23.64 feet, and a chord bearing N 47°50'00" | ||
W, a distance of 23.51 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-reverse curvature, | ||
9. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 22.83 feet, and a chord bearing N 32°05'12" | ||
W, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-tangency, and | ||
10. N 05°55'18" W, a distance of 84.76 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set in the southeast | ||
line of the said 190.110 acre tract and the south line of the said | ||
1.211 acre tract, for a point in the west line of the tract | ||
described herein; | ||
THENCE N 05°55'18" W, crossing the said 190.110 acre tract and | ||
the said 1.211 acre tract, with the west line of the tract described | ||
herein, a distance of 109.37 feet to a 1/2-inch iron rod with a | ||
plastic cap stamped "Loomis" previously set in the northwest line | ||
of the said 1.211 acre tract, for a point-on-line in the west line | ||
of the tract described herein; | ||
THENCE N 05°55'18" W, continuing across the said 190.110 acre | ||
tract, with the west line of the tract describe herein, a distance | ||
of 283.18 feet to a 1/2-inch iron rod with a plastic cap stamped | ||
"Loomis" previously set for the southeast terminus of Cromwell | ||
Drive, as shown on the said Plum Creek Phase I, Section 11J | ||
subdivision plat, for a point-of-curvature in the west line of the | ||
tract described herein; | ||
THENCE with the east right-of-way line of said Cromwell | ||
Drive, with the west line of the tract described herein, and with | ||
the south right-of-way line of said Vaughn and the north line of the | ||
tract described herein, the following four (4) courses and | ||
distances: | ||
1. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 24.71 feet, and a chord bearing N 22°23'41'' | ||
E, a distance of 23.72 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point of reverse curvature, | ||
2. with the arc of a curve to the left, having a radius of 75.00 | ||
feet, an arc distance of 22.92, and a chord bearing N 41°57'27'' E, a | ||
distance of 22.83 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point of reverse curvature, | ||
3. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 23.18 feet, and a chord bearing N 59°46'08'' | ||
E, a distance of 22.36 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-tangency, and | ||
4. N 86°20'02'' E, a distance of 50.00 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "BCG" previously set in the west line of | ||
the said 1.211 acre tract, for a point in the north line of the tract | ||
described herein; | ||
THENCE N 86°20'02" E, crossing the said 1.211 acre tract, with | ||
the south right-of-way line of said Vaughn, a distance of 17.26 feet | ||
to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously | ||
set in the east line of the said 1.211 acre tract, for the southwest | ||
corner of the said 0.800 acre tract, for a point in the north line of | ||
the tract described herein; | ||
THENCE with the south right-of-way line of said Vaughn, with | ||
the north line of the tract described herein, the following two (2) | ||
courses and distances: | ||
1. N 86°20'02'' E, a distance of 448.95 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set for a | ||
point-of-curvature, and | ||
2. with the arc of a curve to the right, having a radius of 30.00 | ||
feet, an arc distance of 47.12 feet, and a chord bearing S 48°39'58'' | ||
E, a distance of 42.43 feet to the POINT OF BEGINNING and containing | ||
15.017 acres of land, more or less. | ||
BEARING BASIS: Texas Coordinate System, South Central Zone, | ||
NAD83, Grid. | ||
TRACT 10 | ||
DESCRIPTION OF 15.757 ACRES OF LAND IN THE JOHN COOPER SURVEY | ||
NO. 13, A-100, THE JESSE DAY SURVEY, A-152, AND THE JESSE DAY | ||
SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF THE REMAINDER | ||
OF A CERTAIN 849.267 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM | ||
NEGLEY, LIFE TENANT OF RECORD IN VOLUME 322, PAGE 589, DEED RECORDS | ||
OF HAYS COUNTY, TEXAS, AND ALSO IN THE DEED TO MOUNTAIN PLUM, LTD. | ||
OF RECORD IN VOLUME 2047, PAGE 133, OFFICIAL PUBLIC RECORDS OF HAYS | ||
COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF THAT CERTAIN | ||
CALLED 190.110 ACRE TRACT DESIGNATED AS TRACT II, PARCEL 2, AND | ||
DESCRIBED IN THE SUBSTITUTE TRUSTEE'S DEED TO PLUM CREEK | ||
DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 4072, PAGE 566, | ||
OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 15.757 ACRES OF | ||
LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE | ||
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped | ||
"Loomis" previously set in the south line of a certain called 1.252 | ||
acre tract designated as Parcel 2, Tract 1, and described in a deed | ||
to the City of Kyle, Texas, of record in Volume 3218, Page 838, | ||
Official Public Records of Hays County, Texas, at the intersection | ||
of the south right-of-way line of Kohler's Crossing (County Road | ||
171), a variable width right-of-way, and the east right-of-way line | ||
of Cromwell Drive, a variable width right-of-way, as shown on the | ||
Plum Creek Phase I, Section 11J subdivision plat of record in | ||
Cabinet 17, Pages 42-43, Plat Records of Hays County, Texas, for the | ||
northeast corner of a certain called 1.555 acre tract designated as | ||
Tract 1 and described in the deed to Plum Creek Development | ||
Partners, Ltd. of record in Volume 4576, Page 617, Official Public | ||
Records of Hays County, Texas, for a point-of-tangency in the north | ||
line and POINT OF BEGINNING of the tract described herein; | ||
THENCE N 88°49'05'' E, leaving the east right-of-way line of | ||
said Cromwell Drive, with the south right-of-way line of said | ||
Kohler's Crossing (County Road 171), with the south line of the said | ||
1.252 acre tract, and with the north line of the tract described | ||
herein, a distance of 551.66 feet to a 1/2-inch iron rod with a | ||
plastic cap stamped "LAI" previously set at the intersection of the | ||
south right-of-way line of said Kohler's Crossing (County Road 171) | ||
with the west right-of-way line of Kyle Parkway (F.M. 1626) in the | ||
west line of a certain called 22.83 acre tract described in the deed | ||
to the City of Kyle, Texas, of record in Volume 1871, Page 232, | ||
Official Public Records of Hays County, Texas, and corrected in | ||
Volume 1904, Page 813, Official Public Records of Hays County, | ||
Texas, same being the 22.83 acres described in the dedication of | ||
public right-of-way of record in Volume 4122, Page 67, Official | ||
Public Records of Hays County, Texas, for the southeast corner of | ||
the said 1.252 acre tract and for a northeast corner of the tract | ||
described herein; | ||
THENCE S 46°17'09'' E, with the west right-of-way line of Kyle | ||
Parkway (F.M. 1626) and the west line of the said 22.83 acre tract, | ||
with the east line of the tract described herein a distance of 27.38 | ||
feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" | ||
previously set for an angle point in the west line of said Kyle | ||
Parkway (F.M. 1626) and the west line of the said 22.83 acre tract, | ||
for an angle point in the east line of the tract described herein; | ||
THENCE S 03°39'58'' E, with the west right-of-way line of said | ||
Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre | ||
tract, with the east line of the tract described herein, at a | ||
distance of 374.01 feet passing a 1/2-inch iron rod with a plastic | ||
cap stamped "Loomis" previously set for a point-on-line, at a | ||
distance of 484.01 feet passing a 1/2-inch iron rod with a plastic | ||
cap stamped "Loomis" previously set for a point-on-line, and | ||
continuing for a total distance of 1,069.26 feet to a 1/2-inch iron | ||
rod with a plastic cap stamped "Loomis" previously set for the | ||
intersection of the west right-of-way line of said Kyle Parkway | ||
(F.M. 1626) and the north right-of-way line of Vaughn, a 70-foot | ||
right-of-way, as shown on the said Plum Creek Phase I, Section 11J | ||
subdivision plat, for the northeast corner of a certain called | ||
0.800 acre tract designated as Tract 2 and described in said deed to | ||
Plum Creek Development Partners of record in Volume 4576, Page 617, | ||
Official Public Records of Hays County, Texas, for a | ||
point-of-curvature in the east line of the tract described herein; | ||
THENCE leaving the west right-of-way line of said Kyle | ||
Parkway (F.M. 1626) and the west line of the said 22.83 acre tract, | ||
with the curving north right-of-way line of said Vaughn, with the | ||
north line of the said 0.800 acre tract, and with the south line of | ||
the tract described herein, with the arc of a curve to the right, | ||
having a radius of 30.00 feet, an arc distance of 47.12 feet, and a | ||
chord bearing S 41°20'02'' W, a distance of 42.43 feet to a 1/2-inch | ||
iron rod with a plastic cap stamped "Loomis" previously set for a | ||
point-of-tangency; | ||
THENCE S 86°20'02'' W, continuing with the north right-of-way | ||
line of said Vaughn, with the north line of the said 0.800 acre | ||
tract, and with the south line of the tract described herein, a | ||
distance of 475.81 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set in the east line of the said 190.110 | ||
acre tract, for a point-on-line in the south line of the tract | ||
described herein; | ||
THENCE crossing the said 190.110 acre tract, with the north | ||
right-of-way line of said Vaughn and with the south line of the | ||
tract described herein, with the east right-of-way line of said | ||
Cromwell Drive and with the west line of the tract described herein, | ||
the following five (5) courses and distances: | ||
1. S 86°20'02'' W, a distance of 40.40 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set for a | ||
point-of-curvature, | ||
2. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 23.18 feet, and a chord bearing N 67°06'03'' | ||
W, a distance of 22.36 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-reverse-curvature, | ||
3. with the arc of a curve to the left, having a radius of 75.00 | ||
feet, an arc distance of 28.82 feet, and a chord bearing N 51°32'43'' | ||
W, a distance of 28.65 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-reverse-curvature, | ||
4. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 24.71 feet, and a chord bearing N 34°14'18'' | ||
W, a distance of 23.72 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-tangency, and | ||
5. N 05°55'18'' W, a distance of 217.01 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set in the east line | ||
of the said 190.110 acre tract, for the south corner of the said | ||
1.555 acre tract, for a point-on-line in the west line of the tract | ||
described herein; | ||
THENCE crossing the remainder of the said 849.267, with the | ||
east right-of-way line of said Cromwell Drive, with the east line of | ||
the said 1.555 acre tract, with the west line of the tract described | ||
herein, the following ten (10) courses and distances: | ||
1. N 05°55'18'' W, a distance of 349.36 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set for a | ||
point-of-curvature, | ||
2. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 22.83 feet, and a chord bearing N 20°14'36'' | ||
E, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-reverse-curvature, | ||
3. with the arc of a curve to the left, having a radius of 65.00 | ||
feet, an arc distance of 15.70 feet, and a chord bearing N 39°29'16'' | ||
E, a distance of 15.66 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-reverse-curvature, | ||
4. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 24.54 feet, and a chord bearing N 60°41'33'' | ||
E, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a re-entrant corner, | ||
5. N 01°10'55'' W, a distance of 50.00 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set for a point of | ||
non-tangent curvature, | ||
6. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 24.54 feet, and a chord bearing N 63°03'23'' | ||
W, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-reverse-curvature, | ||
7. with the arc of a curve to the left, having a radius of 65.00 | ||
feet, an arc distance of 16.38 feet, and a chord bearing N 42°09'04'' | ||
W, a distance of 16.34 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-reverse-curvature, | ||
8. with the arc of a curve to the right, having a radius of 25.00 | ||
feet, an arc distance of 21.03 feet, and a chord bearing N 25°16'36'' | ||
W, a distance of 20.41 feet to a 1/2-inch iron rod with a plastic cap | ||
stamped "Loomis" previously set for a point-of-tangency, | ||
9. N 01°10'55'' W, a distance of 363.92 feet to a 1/2-inch iron rod | ||
with a plastic cap stamped "Loomis" previously set for a | ||
point-of-curvature, and | ||
10. with the arc of a curve to the right, having a radius of 30.00 | ||
feet, an arc distance of 41.12 feet, and a chord bearing N 43°49'05'' | ||
E, a distance of 42.43 feet to the POINT OF BEGINNING and containing | ||
15.757 acres of land, more or less. | ||
BEARING BASIS: Texas Coordinate System, South Central Zone, | ||
NAD83, Grid. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 4. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
7988, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7988.107 to read as follows: | ||
Sec. 7988.107. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(b) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |