S.B. No. 2245

AN ACT

relating to the creation of the North Hays County Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 7988 to read as follows:

CHAPTER 7988. NORTH HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7988.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Commission" means the Texas Commission on Environmental Quality.

(3) "Director" means a board member.

(4) "District" means the North Hays County Municipal Utility District No. 2.

Sec. 7988.002. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 7988.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.

Sec. 7988.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 7988.003 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.

Sec. 7988.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of:

(1) a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and

(2) Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 7988.006. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;

(3) right to impose a tax; or

(4) legality or operation.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 7988.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 7988.052, directors serve staggered four-year terms.

Sec. 7988.052. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Hillary Sotello;

(2) Paul Byars;

(3) Meghan Skornia;

(4) Bailey Harrington; and

(5) Kevin Howard.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 7988.003; or

(2) the fourth anniversary of the effective date of the Act enacting this chapter.

(c) If permanent directors have not been elected under Section 7988.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:

(1) the date permanent directors are elected under Section 7988.003; or

(2) the fourth anniversary of the date of the appointment or reappointment.

(d) If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition. The commission shall appoint as successor temporary directors the five persons named in the petition.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 7988.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 7988.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 7988.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Sec. 7988.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.

(b) If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.

(c) If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.

Sec. 7988.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.

Sec. 7988.106. DIVISION OF DISTRICT. (a) The district may be divided into two or more new districts only if:

(1) the district has no outstanding bonded debt; and

(2) the district is not imposing ad valorem taxes.

(b) This chapter applies to any new district created by the division of the district, and a new district has all the powers and duties of the district.

(c) Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.

(d) The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district.

(e) The board may adopt an order dividing the district before or after the date the board holds an election under Section 7988.003 to confirm the creation of the district.

(f) An order dividing the district shall:

(1) name each new district;

(2) include the metes and bounds description of the territory of each new district;

(3) appoint temporary directors for each new district; and

(4) provide for the division of assets and liabilities between or among the new districts.

(g) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the commission and record the order in the real property records of each county in which the district is located.

(h) Any new district created by the division of the district shall hold a confirmation and directors' election as required by Section 7988.003.

(i) If the creation of the new district is confirmed, the new district shall provide the election date and results to the commission.

(j) Any new district created by the division of the district must hold an election as required by this chapter to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes.

(k) Municipal consent to the creation of the district and to the inclusion of land in the district granted under Section 7988.004 acts as municipal consent to the creation of any new district created by the division of the district and to the inclusion of land in the new district.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 7988.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 7988.153.

(b) The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.

Sec. 7988.152. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 7988.151, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election.

Sec. 7988.153. CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 7988.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Sec. 7988.202. TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

Sec. 7988.203. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The North Hays County Municipal Utility District No. 2 initially includes all the territory contained in the following area:

TRACT 1

DESCRIPTION OF 156.881 ACRES LAND IN THE M.M. MCCARVER SURVEY NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 156.881 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set in the west right-of-way line of that certain Union Pacific Railroad right-of-way described in the deed to International & Great Northern Railroad Company of record in Volume H, Page 22, Deed Records of Hays County, Texas, in the east line of the said 983.99 acre tract, for the northeast corner of that certain called 0.576 acre tract designated as Tract 4 and described in the deed to the City of Kyle, Texas of record in Volume 3220, Page 508, Official Public Records of Hays County, Texas, being the north right-of-way line of Kohlers Crossing, a variable-width right-of-way, for the southerly southeast corner and POINT OF BEGINNING of the tract described herein;

THENCE leaving the west right-of-way line of the said Union Pacific Railroad right-of-way, with the north right-of-way line of said Kohlers Crossing, with the north line of the said 0.576 acre tract, and with the south line of the tract described herein, the following two (2) courses and distances: 1. S 88°53'49" W, a distance of 1,304.72 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for an angle point, and 2. S 88°49'05" W, a distance of 332.13 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set at the intersection of the north right-of-way line of said Kohlers Crossing and the east right-of-way line of Kyle Parkway, at the southeast corner of a certain called 28.91 acre tract described in the dedication of public right-of-way to the City of Kyle, Texas of record in Volume 4122, Page 67, Official Public Records of Hays County, Texas, for the southerly southwest corner of the tract described herein;

THENCE leaving the north right-of-way line of said Kohlers Crossing, with the east right-of-way line of said Kyle Parkway, crossing the said 983.99 acre tract, with the east line of the said 28.91 acre tract, with the west line of the tract described herein, the following four (4) courses and distances: 1. N 47°23'20" W, a distance of 50.34 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for an angle point, for the westerly southwest corner of the tract described herein, 2. N 03°39'40" W, a distance of 355.98 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for a point-of-curvature, 3. with the arc of a curve to the right, having a radius of 2,764.78 feet, an arc distance of 355.80 feet, and a chord which bears N 00°01'17" E, a distance of 355.55 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for a point-of-tangency, and 4. N 03°42'29" E, a distance of 1,223.27 feet to a calculated point for the south corner of a certain called 0.931 acre tract designated as Parcel 4 and described in the deed to the City of Kyle, Texas of record in Volume 4122, Page 86, Official Public Records of Hays County, Texas, for an angle point in the west line of the tract described herein, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found bears N 13°25' E, a distance of 0.38 feet;

THENCE continuing across the said 983.99 acre tract, with the east right-of-way line of said Kyle Parkway, with the east line of the said 0.931 acre tract, and with the west line of the tract described herein, the following three (3) courses and distances: 1. N 08°32'06" E, a distance of 238.83 feet to a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at an angle point, 2. N 03°43'16" E, a distance of 464.30 feet to a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at a point-of-curvature, and 3. with the arc of a curve to the left, having a radius 2,984.79 feet, an arc distance of 864.55 feet, and a chord which bears N 04°35'15" W, a distance of 861.53 feet to a calculated point for the northwest corner of the tract described herein, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at a point-of-tangency in the east right-of-way line of said Kyle Parkway and the east line of the said 0.931 acre tract bears with the arc of a curve to the left, having a radius of 2,984.79 feet, an arc distance of 451.18 feet, and a chord which bears N 17°12'57" W, a distance of 450.75 feet;

THENCE leaving the east right-of-way line of said Kyle Parkway and the east line of the said 0.931 acre tract, crossing the said 983.99 acre tract, with the north line of the tract described herein, the following seven (7) courses and distances: 1. N 78°54'52" E, a distance of 599.41 feet to a calculated angle point, 2. N 84°23'20" E, a distance of 307.89 feet to a calculated angle point, 3. N 89°38'16" E, a distance of 365.98 feet to a calculated angle point, 4. S 79°24'43" E, a distance of 289.83 feet to a calculated angle point, 5. S 63°16'05" E, a distance of 339.74 feet to a calculated angle point, 6. S 70°05'41" E, a distance of 312.86 feet to a calculated angle point, and 7. S 70°11'42" E, a distance of 218.01 feet to a calculated point in the west right-of-way line of the said Union Pacific Railroad and the east line of the said 983.99 acre tract, for the northeast corner of the tract described herein, from which a 1/2-inch iron rod found in the west right-of-way line of the said Union Pacific Railroad at the northeast corner of the said 983.99 acre tract, at the southeast corner of a certain called 151.960 acre tract described in a deed to Flint Hills Resources Central Texas, LLC of record in Document No. 2015-15008284, Official Public Records of Hays County, Texas, bears N 13°28'48" E, a distance of 1,692.66 feet;

THENCE S 13°28'48" W, with the west right-of-way line of the said Union Pacific Railroad and the east line of the said 983.99 acre tract, with an east line of the tract described herein, a distance of 781.12 feet to a calculated point at the northeast corner of that certain tract of land dedicated to the International & Great Northern Railroad of record in Volume N, Page 428, Deed Records of Hays County, Texas, for the southeast corner of the tract described herein, from which a 1/2-inch iron rod found bears S 88°18' W, a distance of 0.23 feet;

THENCE with the north and west right-of-way line of the said Union Pacific Railroad, same being the said International & Great Northern Railroad of record in Volume N, Page 428, Deed Records of Hays County, Texas, and a south and east line of the said 983.99 acre tract, with a south and east line of the tract described herein, the following two (2) courses and distances: 1. S 88°17'16" W, a distance of 378.46 feet to a 1/2-inch iron rod found at the northwest corner of the said International & Great Northern Railroad tract, at a re-entrant corner of the said 983.99 acre tract, for a re-entrant corner of the tract described herein, and 2. S 00°43'41" E, a distance of 1,693.36 feet to a calculated point in the west right-of-way line of the said Union Pacific Railroad right-of-way, at the south corner of the said International & Great Northern Railroad tract, at an angle point in the east line of the said 983.99 acre tract, for an angle point in the east line of the tract described herein;

THENCE S 13°28'03" W, with the west right-of-way line of the said Union Pacific Railroad and the east line of the said 983.99 acre tract, with the east line of the tract described herein, a distance of 811.29 feet to the POINT OF BEGINNING and containing 156.881 acres of land, more or less.

BEARING BASIS: Texas Coordinate System, South Central Zone, NAD83, Grid.

TRACT 2

DESCRIPTION OF 105.19 ACRES OF LAND IN THE JOHN COOPER SURVEY NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, AND THE JESSE DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF THAT CERTAIN CALLED 185.77 ACRES OF LAND DESIGNATED AS TRACT 4 OF EXHIBIT "A" DESCRIBED IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 105.19 ACRES OF LAND, AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2-inch iron rod with plastic cap stamped "LOOMIS" previously set in the south right-of-way line of Kohlers Crossing (Hays County Road No. 171), a varying width right-of-way, in the east line of that certain 40-foot wide tract of land described in the deed to International and Great Northern Railroad Company of record in Volume H, Page 25, Deed Records of Hays County, Texas, being 20-ft east of the centerline of the railroad track, for the southwest corner of a certain called 0.498 of one acre tract designated as Parcel 5, Tract 1 and described in Exhibit A in the deed to the City of Kyle, Texas of record in Volume 3218, Page 810, Official Public Records of Hays County, Texas, for the northwest corner and POINT OF BEGINNING of the tract described herein;

THENCE N 88° 52' 31" E, with the south right-of-way line of said Kohlers Crossing and the south line of the said 1.845 acre tract, with the north line of the tract described herein, a distance of 1,117.83 feet to a 1/2-inch iron rod with plastic cap stamped "BCG" set for the northwest corner of Lot 1, Block A, Plum Creek Phase I, Lot 1, Block A Business Park, a subdivision according to the plat of record in Cabinet 14, Slides 34-35, Plat Records of Hays County, Texas, and for the southwest corner of a certain called 0.187 of one acre tract described in the deed to Plum Creek Development Partners, Ltd. of record in Volume 3145, Page 369, Official Public Records of Hays County, Texas and dedicated as right-of-way in the said Plum Creek Phase I, Lot 1, Block A Business Park plat, for the northerly northeast corner of the tract described herein;

THENCE leaving the south right-of-way line of said Kohlers Crossing, with the west and south lines of said Lot 1, Block A, Plum Creek Phase I, Lot 1, Block A Business Park, with the an east and north line of the tract described herein, the following two (2) courses and distances: 1. S 01° 07' 29" E. a distance of 669.00 feet to a 1/2-inch iron rod with plastic cap stamped "LAI" previously set for the southwest corner of said Lot 1, Block A, Plum Creek Phase I, Lot 1, Block A Business Park, and for a re-entrant corner of the tract described herein, and 2. N 88° 52' 31" E, a distance of 326.00 feet to a 1/2-inch iron rod with plastic cap stamped "LOOMIS" previously set in the west line of a certain called 3.239 acre tract described in the deed to Plum Creek Development Partners, LTD. of record in Volume 3181, Page 307, Official Public Records of Hays County, Texas, same being the west right-of-way line of Marketplace Avenue, an 80-foot right-of-way, as shown on the said Plum Creek Phase I, Lot 1, Block A Business Park plat, for the southeast corner of said Lot 1, Block A, Plum Creek Phase I, Lot 1, Block A Business Park, for the easterly northeast corner of the tract described herein;

THENCE S 01° 07' 29" E, with the west right-of-way line of said Marketplace Avenue and the west line of the said 3.239 acre tract, with the east line of the tract described herein, a distance of 1,106.69 feet to a 1/2-inch iron rod with plastic cap stamped "LAI" previously set in the south line of the said 185.77 acre tract and the northwest line of a certain called 126.130 acre tract designated as Tract 1 and described in the deed to Sheldon-Tanglewood, LTD. of record in Volume 2495, Page 677, Official Public Records of Hays County, Texas, for the easterly southeast corner of the tract described herein;

THENCE S 46° 04' 39" W, leaving the west right-of-way line of said Marketplace Avenue, with the south line of the said 185.77 acre tract and the northwest line of the said 126.130 acre tract, with the southeast line of the tract described herein, at a distance of approximately 927.4 feet, passing the west corner of the said 126.130 acre tract and the north corner of a certain called 70.657 acre tract designated as Kirkham Tract I and described in the deed to Sheldon-Tanglewood, LTD. of record in Volume 2495, Page 658, Official Public Records of Hays County, Texas, and continuing with the south line of the said 185.77 acre tract and the northwest line of the said 70.657 acre tract for a total distance of 2,923.83 feet to a 1/2-inch iron rod with plastic cap stamped "BCG" set in the northeast right-of-way line of F.M. 1626, a varying-width right-of-way, for the east corner of a certain called 0.04 acre tract described in the deed to the City of Kyle, Texas of record in Volume 1871, Page 241, Official Public Records of Hays County, Texas, and dedicated as right-of-way in Exhibit A of record in Volume 4122, Page 67, Official Public Records of Hays County, Texas, and for the northerly northwest corner of a certain called 9.20 acre tract described in the deed to the City of Kyle, Texas of record in Volume 2022, Page 363, Official Public Records of Hays County, Texas, for the southerly southwest corner of the tract described herein;

THENCE N 60° 06' 35" W, with the northeast right-of-way line of said F.M. 1626 and the northeast line of the said 0.04 acre tract, with the southwest line of the tract described herein, a distance of 44.60 feet to a 1/2-inch iron rod with plastic cap stamped "LAI" previously set in the east line of the said International and Great Northern Railroad Company tract for the westerly southwest corner of the tract described herein;

THENCE with the east line of the said International and Great Northern Railroad Company tract and the west line of the tract described herein, the following three (3) courses and distances: 1. N 09° 02' 18" E, a distance of 2,648.42 feet to a 1/2-inch iron rod with plastic cap stamped "LOOMIS" previously set for a point of curvature, 2. with an arc of a curve to the right, having a radius of 7,380.00 feet, an arc distance of 575.74 feet and a chord which bears N 11° 16' 24" E, a distance of 575.59 feet to a 1/2-inch iron rod with plastic cap stamped "LOOMIS" previously set for a point of tangency, and 3. N 13° 30' 30" E, a distance of 589.29 feet to the POINT OF BEGINNING and containing 105.19 acres of land more or less.

BEARING BASIS: Bearings recited herein are Texas Coordinate System, South Central Zone, NAD83, Grid.

TRACT 3

DESCRIPTION OF 23.676 ACRES LAND IN THE JOHN COOPER SURVEY NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, AND THE JESSE DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 185.77 ACRES OF LAND DESCRIBED AS TRACT 4 OF EXHIBIT "A" IN A DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 23.676 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set at the intersection of the south right-of-way line of Kohlers Crossing (County Road 171), a varying-width right-of-way, and the east right-of-way line of Marketplace Avenue, a 60-foot right-of-way, as shown on the Plum Creek Phase 1, Lot 1, Block A, Business Park plat of record in Cabinet 14, Pages 34-35, Plat Records of Hays County, Texas, same being the southwest corner of a certain called 1.347 acre tract designated as Parcel 5, Tract 2 and described in Exhibit A in the deed to the City of Kyle, Texas of record in Volume 3218, Page 810, Official Public Records of Hays County, Texas, for the northwest corner and POINT OF BEGINNING of the tract described herein;

THENCE leaving the east right-of-way line of said Marketplace Avenue, with the south right-of-way line of said Kohlers Crossing, with the south line of the said 1.347 acre tract, and the north line of the tract described herein, the following three (3) courses and distances: 1. N 88°52'31" E, a distance of 699.00 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for a re-entrant corner of the said 1.347 acre tract, for the northerly northeast corner of the tract described herein, 2. S 01°07'29" E, a distance of 15.00 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for a southwest corner of the said 1.347 acre tract, for a re-entrant corner of the tract described herein, and 3. N 88°52'31" E, a distance of 125.82 feet to a calculated point for the easterly northeast corner of the tract described herein, from which a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for a southeast corner of the said 1.347 acre tract in the south right-of-way line of said Kohlers Crossing bears N 88°52'31" E, a distance of 249.78 feet;

THENCE S 05°29'35" W, leaving the south right-of-way line of said Kohlers Crossing and the south line of the said 1.347 acre tract, crossing the said 185.77 acre tract, with the east line of the tract described herein, a distance of 1,040.89 feet to a 1/2-inch iron rod found at an angle point in the south line of the said 185.77 acre tract, same being a north corner of a certain called 126.130 acre tract designated as Tract I and described in the deed to Sheldon - Tanglewood, Ltd. of record in Volume 2495, Page 677, Official Public Records of Hays County, Texas, for the southeast corner of the tract described herein;

THENCE S 46°04'39" W, with a southeast line of the said 185.77 acre tract and the northwest line of the said 126.130 acre tract, with the southeast line of the tract described herein, at a distance of 899.28 feet, a 1/2-inch iron rod with a plastic cap stamped "MW Cude" found bears S 43°55'14" E, a distance of 3.81 feet, and continuing for a total distance of 960.62 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for the southeast terminus of said Marketplace Avenue, for the southwest corner of the tract described herein;

THENCE N 01°07'29" W, leaving the northwest line of the said 126.130 acre tract, with the east right-of-way line of said Marketplace Avenue, with the west line of the tract described herein, a distance of 1,701.61 feet to the POINT OF BEGINNING and containing 23.676 acres of land, more or less.

BEARING BASIS: Texas Coordinate System, South Central Zone, NAD83, Grid.

TRACT 4

DESCRIPTION OF 46.400 ACRES LAND IN THE JOHN COOPER SURVEY NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, THE THOMAS ALLEN SURVEY NO. 1, A-26, AND THE JOHN KING SURVEY NO. 20, A-276, HAYS COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 185.77 ACRES OF LAND DESCRIBED AS TRACT 4 OF EXHIBIT "A" IN A DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING ALL OF A CERTAIN CALLED 0.353 ACRE TRACT DESCRIBED IN THE DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 2902, PAGE 563, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 46.400 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set at the intersection of the west right-of-way line of Hays County Road No. 210, also known as Dry Hole Road and as Old State Highway No. 2, a variable-width right-of-way, and the south right-of-way line of Kohlers Crossing, a variable-width right-of-way, same being the southeast corner of a certain called 1.347 acre tract designated as Tract 2 and described in the deed to the City of Kyle, Texas of record in Volume 3218, Page 810, Official Public Records of Hays County, Texas, for the easterly northeast corner and POINT OF BEGINNING of the tract described herein;

THENCE leaving the south right-of-way line of said Kohlers Crossing, with the west right-of-way line of said Hays County Road No. 210, and the east line of the said 185.77 acre tract, with the east line of the tract described herein, the following three (3) courses and distances: 1. S 00°25'18" W, at a distance of 7.98 feet, passing a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for the northeast corner of the said 0.353 acre tract, and continuing for a total distance of 446.78 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for an angle point, 2. S 08°52'40" W, a distance of 965.87 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for an angle point, and 3. S 13°43'40" W, a distance of 229.23 feet to a 1/2-inch iron rod found at the southeast corner of the said 185.77 acre tract, the southeast corner of the said 0.353 acre tract, the northeast corner of a certain called 126.130 acre tract designated as Tract I and described in the deed to Sheldon - Tanglewood, Ltd. of record in Volume 2495, Page 677, Official Public Records of Hays County, Texas, same being the northeast corner of a certain called 0.390 acre tract designated as Parcel No. 3 and described in the deed to Hays County, Texas of record in Volume 2941, Page 666, Official Public Records of Hays County, Texas, for the southeast corner of the tract described herein;

THENCE leaving the west right-of-way line of said Hays County Road No. 210, with a southwest line of the said 185.77 acre tract and the northeast line of the said 126.130 acre tract, with the south line of the tract described herein, the following two (2) courses and distances: 1. N 67°09'34" W, at a distance of 12.20 feet, passing a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for the southwest corner of the said 0.353 acre tract and the northwest corner of the said 0.390 acre tract, at a distance of 548.41 feet, a 1/2-inch iron rod with a plastic cap stamped "MW Cude" found bears S 22°50'26" W, a distance of 1.48 feet, at a distance of 1,064.14 feet, a 1/2-inch iron rod with a plastic cap stamped "MW Cude" found bears S 22°50'26" W, a distance of 1.18 feet, and continuing for a total distance of 1,130.45 feet to a 60-d nail found in an old tree stump for an angle point in the south line of the tract described herein, and 2. N 67°08'12" W, at a distance of 31.10 feet, a 1/2-inch iron rod with a plastic cap stamped "MW Cude" found bears S 22°51'48" W, a distance of 1.04 feet, and continuing for a total distance of 353.96 feet to a 1/2-inch iron rod found at an angle point in the south line of the said 185.77 acre tract, same being the north corner of the said 126.130 acre tract, for the southwest corner of the tract described herein;

THENCE N 05°29'35" E, leaving the north line of the said 126.130 acre tract, crossing the said 185.77 acre tract, with the west line of the tract described herein, a distance of 1,040.89 feet to a calculated point in the south right-of-way line of said Kohlers Crossing and the south line of the said 1.347 acre tract, for the westerly northwest corner of the tract described herein, from which a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for a southwest corner of the said 1.347 acre tract bears S 88°52'31" W, a distance of 125.83 feet;

THENCE with the south right-of-way line of said Kohlers Crossing, with the south line of the said 1.347 acre tract, with the north lines of the tract described herein, the following four (4) courses and distances: 1. N 88°52'31" E, a distance of 249.77 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for a southeast corner of the said 1.347 acre tract, for a re-entrant corner of the tract described herein, 2. N 01°07'29" W, a distance of 18.00 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for a re-entrant corner of the said 1.347 acre tract, for the northerly northwest corner of the tract described herein, 3. N 88°52'31" E, a distance of 1,191.46 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for an angle point of the said 1.347 acre tract, for the northerly northeast corner of the tract described herein, and 4. S 44°34'42" E, a distance of 49.09 feet to the POINT OF BEGINNING and containing 46.400 acres of land, more or less.

BEARING BASIS: Texas Coordinate System, South Central Zone, NAD83, Grid.

TRACT 5

DESCRIPTION OF 157.726 ACRES LAND IN THE M.M. MCCARVER SURVEY NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 157.726 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a mag-nail previously set in the north line of the said 983.99 acre tract and the south line of a certain tract of land described in the deed to Texas-Lehigh Cement Company of record in Volume 609, Page 843, Real Property Records of Hays County, Texas, for the northeast corner of a certain called 28.91 acre tract described in the dedication of public right-of-way to the City of Kyle, Texas of record in Volume 4122, Page 67, Official Public Records of Hays County, Texas, same being the east right-of-way line of Kyle Parkway, a variable-width right-of-way, for the northwest corner and POINT OF BEGINNING of the tract described herein;

THENCE N 88°09'34" E, leaving the east right-of-way line of said Kyle Parkway, with the north line of the said 983.99 acre tract and the south line of the said Texas-Lehigh Cement Company tract, with the north line of the tract described herein, at a distance of 1,870.26 feet, passing a calculated point for the southeast corner of the said Texas-Lehigh tract, same being the southwest corner of a certain called 21.6 acre tract described in the deed to Hays County Youth Athletic Association of record in Volume 356, Page 294, Deed Records of Hays County, Texas, from which a 1/2-inch iron rod found bears N 01°34'50" W, 1.38 feet, and continuing with the south line of the said 21.6 acre tract for a total distance of 2,530.40 feet to a 1/2-inch iron rod found at the northeast corner of the said 983.99 acre tract and at the westerly northwest corner of a certain called 151.960 acre tract described in a deed to Flint Hills Resources Central Texas, LLC of record in Document No. 2015-15008284, Official Public Records of Hays County, Texas, for the northerly northeast corner of the tract described herein;

THENCE with a west and south line of the said 151.960 acre tract, with an east and north line of the said 983.99 acre tract, with an east and north line of the tract described herein, the following two (2) courses and distances: 1. S 01°56'20" E, a distance of 1,296.09 feet to a cotton-gin spindle found at the southwest corner of the said 151.960 acre tract and at a re-entrant corner of the said 983.99 acre tract, for a re-entrant corner of the tract described herein, and 2. N 88°19'25" E, a distance of 1,023.18 feet to a 1/2-inch iron rod found in the west right-of-way line of that certain Union Pacific Railroad right-of-way described in the deed to the International & Great Northern Railroad Company of record in Volume H, Page 22, Deed Records of Hays County, Texas, for the northeast corner of the said 983.99 acre tract, and the southeast corner of the said 151.960 acre tract, for the easterly northeast corner of the tract described herein;

THENCE S 13°28'48" W, leaving the south line of the said 151.960 acre tract, with the west right-of-way line of the said Union Pacific Railroad and the east line of the said 983.99 acre tract, with an east line of the tract described herein, a distance of 1,692.66 feet to a calculated point for the southeast corner of the tract described herein, from which a calculated point in the west right-of-way line of the said Union Pacific Railroad at the northeast corner of that certain tract of land dedicated to the International & Great Northern Railroad of record in Volume N, Page 428, Deed Records of Hays County, Texas, bears S 13°28'48" W, a distance of 781.12 feet, and from which a 1/2-inch iron rod found bears S 88°18' W, a distance of 0.23 feet;

THENCE leaving the west right-of-way line of the said Union Pacific Railroad, crossing the said 983.99 acre tract, with the south line of the tract described herein, the following seven (7) courses and distances: 1. N 70°11'42" W, a distance of 218.01 feet to a calculated angle point, 2. N 70°05'41" W, a distance of 312.86 feet to a calculated angle point, 3. N 63°16'05" W, a distance of 339.74 feet to a calculated angle point, 4. N 79°24'43" W, a distance of 289.83 feet to a calculated angle point, 5. S 89°38'16" W, a distance of 365.98 feet to a calculated angle point, 6. S 84°23'20" W, a distance of 307.89 feet to a calculated angle point, and 7. S 78°54'52" W, a distance of 599.41 feet to a calculated point in the east right-of-way line of said Kyle Parkway, same being the east line of a certain called 0.931 acre tract designated as Parcel 4 and described in the deed to the City of Kyle, Texas of record in Volume 4122, Page 86, Official Public Records of Hays County, Texas, for the southwest corner of the tract described herein, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at a point-of-tangency in the east right-of-way line of said Kyle Parkway, and the said 0.931 acre tract bears with the arc of a curve to the right, having a radius of 2,984.79 feet, an arc distance of 864.55 feet, and a chord which bears S 04°35'15" E, a distance of 861.53 feet;

THENCE continuing across the said 983.99 acre tract, with the east right-of-way line of said Kyle Parkway and the east line of the said 0.931 acre tract, with the west line of the tract described herein, the following two (2) courses and distances: 1. with the arc of a curve to the left, having a radius of 2,984.79 feet, an arc distance of 451.18 feet, and a chord which bears N 17°12'57" W, a distance of 450.75 feet to a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at a point-of-tangency, and 2. N 26°47'39" W, a distance of 222.09 feet to a calculated point in the east line of the said 28.91 acre tract for the north corner of the said 0.931 acre tract, for an angle point in the west line of the tract described herein, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found bears S 26°19' E, a distance of 3.26 feet;

THENCE continuing across the said 983.99 acre tract, with the east right-of-way line of said Kyle Parkway and the east line of the said 28.91 acre tract, with the west line of the tract described herein, the following two (2) courses and distances: 1. N 21°32'51" W, a distance of 1,170.15 feet to a calculated point-of-curvature, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found bears N 22°04'05" E, a distance of 0.41 feet, and 2. with the arc of a curve to the right, having a radius of 2,764.78 feet, an arc distance of 898.49 feet, and a chord which bears N 12°14'15" W, a distance of 894.54 feet to the POINT OF BEGINNING and containing 157.726 acres of land, more or less.

BEARING BASIS: Texas Coordinate System, South Central Zone, NAD83, Grid.

TRACT 6

DESCRIPTION OF 133.892 ACRES LAND IN THE M.M. MCCARVER SURVEY NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND ALL OF A CERTAIN CALLED 5.207 ACRE TRACT DESCRIBED IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN INSTRUMENT NO. 16029224, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 133.892 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set at the intersection of the north right-of-way line of Kohlers Crossing (County Road No. 171), a variable width right-of-way, same being the north line of a called 1.171 acre tract of land designated as Parcel 3, Tract 1, and described in a deed to the City of Kyle, Texas, of record in Volume 3220, Page 508, Official Public Records of Hays County, Texas, and the west right-of-way line of Benner, a 70-foot wide right-of-way, as shown on the Plum Creek Phase II, Section 1A subdivision plat of record in Cabinet 14, Pages 225-226, Plat Records of Hays County, Texas, for the southerly southeast corner and POINT OF BEGINNING of the tract described herein;

THENCE with the north right-of-way line of said Kohlers Crossing, and the north line of the said 1.171 acre tract, with a south line of the tract described herein, the following four (4) courses and distances: 1. S 88°49'05" W, a distance of 32.70 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for an angle point, 2. S 87°37'32" W, a distance of 488.02 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for an angle point, 3. S 87°50'11" W, at a distance of 225.44 feet, passing a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for a point-on line, and continuing for a total distance of 252.78 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for an angle point, and 4. S 87°19'58" W, a distance of 27.10 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for the southerly southeast corner of a certain called 324.250 acre tract designated as Tract 1 and described in the deed to Lennar Homes of Texas Land and Construction, Ltd. of record in Instrument No. 16029226, Official Public Records of Hays County, Texas, for the southwest corner of the tract described herein;

THENCE with the east and south lines of the said 324.250 acre tract and the west and north lines of the tract described herein, the following seven (7) courses and distances: 1. N 00°29'00" W, a distance of 715.18 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for an angle point, 2. N 33°32'22" E, a distance of 340.44 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for an angle point, 3. N 28°43'08" E, a distance of 349.81 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for an angle point, 4. N 20°39'46" E, a distance of 412.04 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for an angle point, 5. N 12°33'58" E, a distance of 413.82 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for an angle point, 6. N 12°27'56" E, a distance of 448.13 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for a re-entrant corner, and 7. N 73°20'14" E, a distance of 4.89 feet to a calculated point for an angle point in the east line of the said 324.250 acre tract, same being the southwest corner of the said 5.207 acre tract, from which a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for an angle point in a south line of the said 5.207 acre tract bears N 73°20'14" E, a distance of 708.44 feet;

THENCE with the east and west lines of the said 324.250 acre tract, with the northwest and northeast lines of the said 5.207 acre tract, with a northwest and northeast line of the tract described herein, the following eight (8) courses and distances: 1. N 27°58'58" E, at a distance of 0.42 feet, passing a 1/2-inch iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found, and continuing for a total distance of 4.93 feet to a 1/2-inch iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle point of the tract described herein, 2. N 45°36'55" E, a distance of 316.61 feet to a 1/2-inch iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle point, 3. N 43°07'49" E, a distance of 67.72 feet to a 1/2-inch iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle point, 4. N 60°11'22" E, a distance of 72.39 feet to a 1/2-inch iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle point, 5. N 54°50'52" E, a distance of 110.19 feet to a 1/2-inch iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle point, 6. N 44°44'47" E, a distance of 259.46 feet to a 1/2-inch iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle point, 7. N 47°53'10" E, a distance of 93.75 feet to a 1/2-inch iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at an angle point, and 8. S 47°15'44" E, a distance of 538.63 feet to a to a 1/2-inch iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at a southwest corner of the said 324.250 acre tract, same being the southeast corner of the said 5.207 acre tract, for an angle point in the north line of the tract described herein;

THENCE N 82°22'26" E, with a south line of the said 324.250 acre tract, with the north line of the tract described herein, a distance of 129.85 feet to a 1/2-inch iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at the west corner of a certain called 2.581 acre tract designated as Tract 4 and described in the said deed to Lennar Homes of Texas Land and Construction of record in Instrument No. 16029226, Official Public Records of Hays County, Texas, for an angle point in the north line of the tract described herein;

THENCE leaving a south line of the said 324.250 acre tract, with the west and east lines of the said 2.581 acre tract, with a northeast and northwest line of the tract described herein, the following two (2) courses and distances: 1. S 47°15'44" E, a distance of 607.02 feet to a 1/2-inch iron rod with a plastic cap stamped "CHAPARRAL BOUNDARY" found at the south corner of the said 2.581 acre tract, for an angle point in the north line of the tract described herein, and 2. N 03°42'33" E, a distance of 476.77 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for the easterly southeast corner of the said 324.250 acre tract and the east corner of the said 2.581 acre tract, for a point-of-curvature in a west line of the tract described herein;

THENCE with an east line of the said 324.250 acre tract, with the west line of the tract described herein, with the arc of a curve to the left, having a radius of 2,264.79 feet, an arc distance of 606.17 feet, and a chord which bears N 06°03'20" W, a distance of 604.37 feet to a calculated point for the northerly northwest corner of the tract described herein, from which a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for a point-of-tangency in an east line of the said 324.250 acre tract bears with the arc of a curve to the left, having a radius of 2,264.79 feet, an arc distance of 309.28 feet, and a chord which bears N 17°38'07" W, a distance of 309.04 feet;

THENCE N 79°43'41" E, crossing the said 983.99 acre tract, with a north line of the tract described herein, a distance of 480.94 feet to a calculated point in the west line of a certain called 0.934 acre tract, designated as Parcel 1 and described in the deed to the City of Kyle, Texas of record in Volume 4122, Page 86, Official Public Records of Hays County, Texas, being west right-of-way line of Kyle Parkway (F.M. 1626) a variable width right-of-way, for the northeast corner of tract described herein, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at a point-of-tangency in the west right-of-way line of said Kyle Parkway and the west line of the said 0.934 acre tract bears with the arc of a curve to the left, having a radius of 2,744.79 feet, an arc distance of 404.05 feet, and a chord which bears N 17°19'37" W, a distance of 403.69 feet;

THENCE with the west right-of-way line of said Kyle Parkway, with the west line of the said 0.934 acre tract, with the east line of the tract described herein, the following three (3) courses and distances: 1. with the arc of a curve to the right, having a radius of 2,744.79 feet, an arc distance of 805.93 feet, and a chord which bears S 04°41'53" E, a distance of 803.04 feet to a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at a point-of-tangency, 2. S 03°42'13" W, a distance of 553.75 feet to a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at an angle point, and 3. S 00°31'13" E, a distance of 269.62 feet to a calculated point in the west right-of-way line of said Kyle Parkway, same being the west line of a certain called 28.91 acre tract described in the dedication of public right-of-way to the City of Kyle, Texas of record in Volume 4122, Page 67, Official Public Records of Hays County, Texas, for the south corner of the said 0.934 acre tract, for an angle point in the east line of the tract described herein, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found bears S 00°31' E, a distance of 1.58 feet;

THENCE with the west right-of-way line of said Kyle Parkway, with the west line of the said 28.91 acre tract, with the east line of the tract described herein, the following three (3) courses and distances: 1. S 03°42'29" W, a distance of 1,102.95 feet to a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at a point-of-curvature, 2. with the arc of a curve to the left, having a radius of 2,964.78 feet, an arc distance of 381.54 feet, and a chord which bears S 00°01'17" W, a distance of 381.27 feet to a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at a point-of-tangency, and 3. S 03°39'40" E, a distance of 61.49 feet to a calculated point for the easterly southeast corner of the tract described herein, same being the northeast corner of a certain called 4.857 acre tract described in the deed to Plum Creek Development Partners, Ltd. of record in Volume 3337, Page 390, Official Public Records of Hays County, Texas, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at an angle point in the west right-of-way line of said Kyle Parkway and the west line of the said 28.91 acre tract, and the east line of the said 4.857 acre tract, bears S 03°39'40" E, a distance of 286.04 feet;

THENCE leaving the west right-of-way line of said Kyle Parkway, crossing the said 983.99 acre tract, with the north line of the said 4.857 acre tract, with a south line of the tract described herein, the following four (4) courses and distances: 1. S 88°50'25" W, a distance of 124.99 feet to a calculated angle point, 2. N 82°24'53" W, a distance of 131.55 feet to a calculated angle point, 3. N 23°54'05" W, a distance of 85.73 feet to a calculated angle point, and 4. N 53°55'11" W, a distance of 100.89 feet to a calculated point in the southeast line of a certain called 1.2623 acre tract described in the deed to Hays Consolidated Independent School District of record in Volume 2029, Page 668, Official Public Records of Hays County, Texas, for the north corner of the said 4.857 acre tract, for a southwest corner of the tract described herein, from which a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for an angle point in the south line of the said 1.2623 acre tract and the north line of the said 4.857 acre tract bears S 58°53'16" W, a distance of 127.50 feet;

THENCE with the east, north, and west lines of the said 1.2623 acre tract, with the west, south, and east lines of the tract described herein, the following five (5) courses and distances: 1. N 58°53'16" E, a distance of 29.92 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for an angle point, 2. N 01°06'44" W, a distance of 172.58 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for an angle point, 3. N 61°06'44" W, a distance of 157.42 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for an angle point, 4. S 88°53'16" W, a distance of 62.13 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for the northwest corner of the said 1.2623 acre tract, for a re-entrant corner of the tract described herein, and 5. S 01°06'44" E, a distance of 69.54 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set in the west line of the said 1.2623 acre tract, for the northeast corner of a certain called 0.0606 acre tract described in the deed to Hays Consolidated Independent School District of record in Volume 2857, Page 753, Official Public Records of Hays County, Texas, for a southeast corner of the tract described herein;

THENCE S 88°53'16" W, with the north line of the said 0.0606 acre tract, with the south line of the tract described herein, a distance of 15.00 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for the northwest corner of the said 0.0606 acre tract and the northeast corner of a certain called 10.00 acre tract described in the deed to Hays Consolidated Independent School District of record in Volume 2029, Page 661, Official Public Records of Hays County, Texas, for a point-on-line in the south line of the tract described herein;

THENCE S 88°50'25" W, with the north line of the said 10.00 acre tract, with the south line of the tract described herein, a distance of 465.45 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for the northern northwest corner of the said 10.00 acre tract, same being a point in the east line of a certain called 11.375 acre tract described in the deed to Plum Creek Development Partners, Ltd. of record in Volume 3311, Page 508, Official Public Records of Hays County, Texas, for a southwest corner of the tract described herein;

THENCE with the east, north and west lines of the said 11.375 acre tract, and the west, south and east lines of the tract described herein, the following five (5) courses and distances: 1. N 00°32'48" W, a distance of 69.99 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for the northeast corner of the said 11.375 acre tract, for a re-entrant corner of the tract described herein, 2. S 88°50'25" W, a distance of 360.00 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for the northern northwest corner of the said 11.375 acre tract , for a re-entrant corner of the tract described herein, 3. S 01°09'35" E, a distance of 70.00 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for a re-entrant corner of the said 11.375 acre tract, for a southeast corner of the tract described herein, 4. S 88°50'25" W, a distance of 563.86 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for the western northwest corner of the said 11.375 acre tract, for a re-entrant corner of the tract described herein, and 5. S 00°44'56" E, a distance of 230.40 feet to a 1/2-inch iron rod found in the west line of the said 11.375 acre tract, at the intersection of the north right-of-way line of Doherty, a 70-foot right-of-way, and the west right-of-way line of Benner, a 70-foot right-of-way, as shown on the Plum Creek Phase II, Section 1A subdivision plat of record in Cabinet 14, Pages 225-226, Plat Records of Hays County, Texas, for a point in the east line of the tract described herein;

THENCE S 00°44'56" E, with the west right-of-way line of said Benner, with an east line of the tract described herein, a distance of 447.86 feet to the POINT OF BEGINNING and containing 133.892 acres of land more or less.

BEARING BASIS: Texas Coordinate System, South Central Zone, NAD83, Grid.

TRACT 7

DESCRIPTION OF 31.441 ACRES LAND IN THE M.M. MCCARVER SURVEY NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 31.441 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set in the north line of the said 983.99 acre tract and the south line of a certain tract of land described in the deed to Texas-Lehigh Cement Company of record in Volume 609, Page 843, Real Property Records of Hays County, Texas, for the northeast corner of a certain called 324.250 acre tract designated as Tract 1 and described in the deed to Lennar Homes of Texas Land and Construction of record in Instrument No. 16029226, Official Public Records of Hays County, Texas, for the northwest corner and POINT OF BEGINNING of the tract described herein;

THENCE N 88°09'34" E, with the north line of the said 983.99 acre tract and the south line of the said Texas-Lehigh tract, with the north line of the tract described herein, at a distance of 39.77 feet, passing a 1-1/2-inch (I.D.) iron pipe found 0.99 feet north of line, at a distance of 198.91 feet, passing a 1/2-inch iron rod found 0.45 feet north of line, and continuing for a total distance of 475.14 feet to a calculated point in the west line of a certain called 0.392 acre tract designated as Parcel 3 and described in the deed to the City of Kyle, Texas of record in Volume 4122, Page 86, Official Public Records of Hays County, Texas, being the west right-of-way line of Kyle Parkway (F.M. 1626), a variable-width right-of-way, for the northerly northeast corner of the tract described herein, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found bears N 09°30' W, a distance of 0.12 feet;

THENCE crossing the said 983.99 acre tract, with the west right-of-way line of said Kyle Parkway and the west line of the said 0.392 acre tract, with the east line of the tract described herein, the following two (2) courses and distances: 1. with the arc of a curve to the left, having a radius of 2,744.79 feet, an arc distance of 572.70 feet, and a chord which bears S 08°20'37" E, a distance of 571.66 feet to a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at a point-of-tangency, and 2. S 22°18'28" E, a distance of 224.36 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set in the west right-of-way line of said Kyle Parkway, same being the west line of a certain called 28.91 acre tract described in the dedication of public right-of-way to the City of Kyle, Texas of record in Volume 4122, Page 67, Official Public Records of Hays County, Texas, for the south corner of the said 0.392 acre tract, for a point-of-curvature in the east line of the tract described herein, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found bears S 22°47' E, a distance of 2.10 feet;

THENCE continuing across the said 983.99 acre tract, with the curving west right-of-way line of said Kyle Parkway, with the west line of the said 28.91 acre tract, with the east line of the tract described herein, with the arc of a curve to the left, having a radius of 2964.79 feet, an arc distance of 150.32 feet, and a chord which bears S 19°33'47" E, a distance of 150.30 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for the north corner of a certain called 0.092 acre tract designated as Parcel 2 and described in the deed to the City of Kyle, Texas of record in Volume 4122, Page 86, Official Public Records of Hays County, Texas, for a point-of-tangency in the east line of the tract described herein, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found bears N 17°58' W, a distance of 3.48 feet;

THENCE continuing across the said 983.99 acre tract, leaving the west line of the said 28.91 acre tract, with the west right-of-way line of said Kyle Parkway, with the west and south lines of the said 0.092 acre tract, and with the east line of the tract described herein, the following three (3) courses and distances: 1. S 17°54'50" E, a distance of 141.47 feet to a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at an angle point, 2. S 21°31'34" E, a distance of 379.00 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for the southwest corner of the said 0.092 acre tract, for a re-entrant corner in the east line of the tract described herein, and 3. N 68°27'09" E, a distance of 8.98 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set in the west line of the said 28.91 acre tract, for the southeast corner of the said 0.092 acre tract, for the easterly northeast corner of the tract described herein;

THENCE S 21°32'51" E, continuing across the said 983.99 acre tract, with the west right-of-way line of said Kyle Parkway, with the west line of the said 28.91 acre tract, with the east line of the tract described herein, a distance of 602.34 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for the north corner of a certain called 0.934 acre tract designated as Parcel 1 and described in the deed to the City of Kyle, Texas of record in Volume 4122, Page 86, Official Public Records of Hays County, Texas, for an angle point in the east line of the tract described herein, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found bears N 17°43" W, a distance of 3.69 feet;

THENCE continuing across the said 983.99 acre tract, with the west right-of-way line of said Kyle Parkway, with the west line of the said 0.934 acre tract, with the east line of the tract described herein, the following two (2) courses and distances: 1. S 17°44'17" E, a distance of 296.83 feet to a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at a point-of-curvature, and 2. with the arc of a curve to the right, having a radius of 2,744.79 feet, an arc distance of 404.05 feet, and a chord which bears S 17°19'37" E, a distance of 403.69 feet to a calculated point, for the southeast corner of the tract described herein, from which a Texas Department of Transportation (TxDOT) Type 2 right-of-way monument (brass disk in concrete) found at a point-of-tangency in the west right-of-way line of said Kyle Parkway and the west line of the said 0.934 acre tract bears with the arc of a curve to the right, having a radius of 2,744.79 feet, an arc distance of 805.93 feet, and a chord which bears S 04°41'53" E, a distance of 803.04 feet;

THENCE S 79°43'41" W, leaving the west right-of-way line of said Kyle Parkway, continuing across the said 983.99 acre tract, with the south line of the tract described herein, a distance of 480.94 feet to a calculated point in the curving east line of the said 324.250 acre tract for the southwest corner of the tract described herein, from which a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for the easterly southeast corner of the said 324.250 acre tract and the northeast corner of a certain called 2.581 acre tract designated as Tract 4 and described in the said deed to Lennar Homes of Texas Land and Construction of record in Instrument No. 16029226, Official Public Records of Hays County, Texas, bears with the arc of a curve to the right, having a radius of 2,264.79 feet, an arc distance of 606.17 feet, and a chord which bears S 06°03'20" E, a distance of 604.37 feet;

THENCE continuing across the said 983.99 acre tract, with the east line of the said 324.250 acre tract, with the west line of the tract described herein, the following three (3) courses and distances: 1. with the arc of a curve to the left, having a radius of 2,264.79 feet, an arc distance of 309.28 feet, and a chord which bears N 17°38'07" W, a distance of 309.04 feet to a 1/2-inch iron rod previously set for a point-of-tangency, 2. N 21°32'51" W, a distance of 1,391.43 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for a point-of-curvature, and 3. with the arc of a curve to the right, having a radius of 3,464.79 feet, an arc distance of 1,139.26 feet and a chord which bears N 12°07'40" W, a distance of 1,134.13 feet to the POINT OF BEGINNING and containing 31.441 acres of land more or less.

BEARING BASIS: Texas Coordinate System, South Central Zone, NAD83, Grid.

TRACT 8

DESCRIPTION OF 8.148 ACRES OF LAND IN THE JOHN COOPER SURVEY NO. 13, A-100 AND THE JESSE DAY SURVEY, A-152, HAYS COUNTY, TEXAS; BEING A PORTION OF THE REMAINDER OF A CERTAIN 849.267 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM NEGLEY, LIFE TENANT OF RECORD IN VOLUME 322, PAGE 589, DEED RECORDS OF HAYS COUNTY, TEXAS, AND ALSO IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2047, PAGE 133, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF THAT CERTAIN CALLED 190.110 ACRE TRACT DESIGNATED AS TRACT II, PARCEL 2, AND DESCRIBED IN THE SUBSTITUTE TRUSTEE'S DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 4072, PAGE 566, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 8.148 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set in the south right-of-way line of Kohler's Crossing (County Road 171), a variable width right-of-way, in the south line of a certain called 1.252 acre tract designated as Parcel 2, Tract 1, and described in a deed to the City of Kyle, Texas, of record in Volume 3218, Page 838, Official Public Records of Hays County, Texas, for the northeast corner of Lot 2, Block A, Plum Creek Phase I, Section 12A, a subdivision according to the plat of record in Cabinet 17, Pages 321.322, Plat Records of Hays County, Texas, for the northwest corner and POINT OF BEGINNING of the tract described herein;

THENCE N 88°49'05" E, with the south right-of-way line of said Kohler's Crossing (County Road 171), with the south line of the said 1.252 acre tract, with the north line of the tract described herein, at a distance of 296.70 feet passing a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-on-line in the north line of the tract described herein, at a distance of 416.70 feet passing a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-on-line in the north line of the tract described herein, and continuing for a total distance of 776.42 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set at the intersection of the south right-of-way line of said Kohler's Crossing (County Road 171) and the west right-of-way line of Cromwell Drive, a variable width right-of-way, as shown on the Plum Creek Phase I, Section 11J subdivision plat of record in Cabinet 17, Pages 42-43, Plat Records of Hays County, Texas, for the northwest corner of a certain called 1.555 acre tract designated as Tract 1 and described in the deed to Plum Creek Development Partners, Ltd. of record in Volume 4576, Page 617, Official Public Records of Hays County, Texas, for a point of curvature in the north line of the tract described herein;

THENCE with the west right-of-way line of said Cromwell Drive, with the west line of the said 1.555 acre tract designated as Tract 1, with the east line of the tract described herein, the following four (4) courses and distances: 1. with the arc of a curve to the right, having a radius of 30.00 feet, an arc distance of 47.12 feet, and a chord bearing S 46°10'55" E, a distance of 42.43 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-tangency, 2. S 01°10'55" E, a distance of 363.92 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-curvature, 3. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 21.03 feet, and a chord bearing S 22°54'47" W, a distance of 20.41 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point of reverse curvature, and 4. with the arc of a curve to the left, having a radius of 65.00 feet, an arc distance of 49.61 feet, and a chord bearing S 25°08'40" W, a distance of 48.41 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for the northeast corner of Lot 1, Block A, said Plum Creek Phase I, Section 11J, for the southeast corner of the tract described herein;

THENCE S 88°49'05" W, leaving the west right-of-way line of said Cromwell Drive, with the north line of said Lot 1, Block A, Plum Creek Phase I, Section 11J, with a north line of the said 1.555 acre tract designated as Tract 1, with the south line of the tract described herein, a distance of 53.72 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set in the east line of the said 190.110 acre tract, for the west corner of the said 1.555 acre tract designated as Tract 1, for a point-on-line in the south line of the tract described herein;

THENCE S 88°49'05" W, crossing the said 190.110 acre tract, with the north line of said Lot 1, Block A, Plum Creek Phase I, Section 11J, with the south line of the tract described herein, a distance of 597.17 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a northwest corner of said Lot 1, Block A, Plum Creek Phase I, Section 11J, for the southerly southwest corner of the tract described herein;

THENCE N 01°10'55" W, crossing the said 190.110 acre tract, with the west line of the tract described herein, a distance of 91.87 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set in the north line of the said 190.110 acre tract, for a re-entrant corner of the tract described herein;

THENCE S 88°50'02" W, with the north line of the said 190.110 acre tract, with the south line of the tract described herein, a distance of 125.72 feet to a mag-nail previously set, for the westerly southwest corner of the tract described herein;

THENCE N 01°10'55" W, crossing the remainder of the said 849.267 acre tract, with the west line of the tract described herein, at a distance of 71.80 feet passing a mag-nail previously set for the southeast corner of said Lot 2, Block A, Plum Creek Phase I, Section 12A, and continuing with the east line of said Lot 2, Block A, Plum Creek Phase I, Section 12A for a total distance of 364.03 feet to the POINT OF BEGINNING and containing 8.148 acres of land, more or less.

BEARING BASIS: Texas Coordinate System, South Central Zone, NAD83, Grid.

TRACT 9

DESCRIPTION OF 15.017 ACRES OF LAND IN THE JESSE DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF THE REMAINDER OF A CERTAIN 849.267 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM NEGLEY, LIFE TENANT OF RECORD IN VOLUME 322, PAGE 589, DEED RECORDS OF HAYS COUNTY, TEXAS, AND ALSO IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2047, PAGE 133, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, A PORTION OF THE REMAINDER OF THAT CERTAIN CALLED 190.110 ACRE TRACT DESIGNATED AS TRACT II, PARCEL 2, AND DESCRIBED IN THE SUBSTITUTE TRUSTEE'S DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 4072, PAGE 566, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, A PORTION OF THAT CERTAIN CALLED 1.211 ACRE TRACT DESIGNATED AS TRACT 1-M AND DESCRIBED IN THE DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 2126, PAGE 504, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING A PORTION OF A CERTAIN CALLED 5.329 ACRE TRACT DESIGNATED AS PARCEL 4 AND DESCRIBED IN THE DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 2881, PAGE 599, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 15.017 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set at the intersection of the south right-of-way line of Vaughn, a 70 foot wide right-of-way, as shown on the Plum Creek Phase I, Section 11J subdivision plat of record in Cabinet 17, Pages 42-43, Plat Records of Hays County, Texas and the west right-of-way line of Kyle Parkway (F.M. 1626), in the west line of a certain called 22.83 acre tract described in the deed to the City of Kyle, Texas, of record in Volume 1871, Page 232, Official Public Records of Hays County, Texas, and corrected in Volume 1904, Page 813, Official Public Records of Hays County, Texas, same being the 22.83 acres described in the dedication of public right-of-way of record in Volume 4122, Page 67, Official Public Records of Hays County, Texas, for the southeast corner of a certain called 0.800 acre tract designated as Tract 2 and described in the deed to Plum Creek Development Partners, Ltd. of record in Volume 4576, Page 617, Official Public Records of Hays County, Texas, for a point-of-tangency in the east line and POINT OF BEGINNING of the tract described herein;

THENCE S 03°39'58'' E, with the west right-of-way line of said Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre tract, with the east line of the tract described herein, a distance of 932.34 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for the northeast corner of that 2.173 acre tract described in the deed to L & N Group, Inc, in the deed of record in Volume 5098, Page 500, Official Public Records of Hays County, Texas, for the eastern southeast corner of the tract described herein, from which a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set at the southeast corner of the said 2.173 acre tract, being the intersection of the west right-of-way line of said Kyle Parkway (F.M. 1626) and the north right-of-way line of Dorman Lane, an 80-foot right-of-way as shown on the Plum Creek Phase I, Section 11A Replat of record in Cabinet 15, Pages 80-81, Plat Records of Hays County, Texas bears S 03°39'58'' E a distance of 298.72 feet;

THENCE leaving the west right-of-way line of said Kyle Parkway (F.M. 1626) and crossing the said 849.267 acre tract with north and west lines of the said 2.173 acre tract being the south and east lines of the tract described herein, the following three (3) courses and distances: 1. S 86°20'05'' W a distance of 275.88 feet to a 1/2-inch iron rod stamped "BCG" previously set for the northwest corner of the said 2.173 acre tract and a re-entrant corner of the tract described herein, 2. S 03°04'03'' E a distance of 326.54 feet to a 1/2-inch iron rod stamped "BCG" previously set for a point-of-curvature, and 3. with the arc of a curve to the left, having a radius of 24.50 feet, an arc distance of 15.47 feet, and a chord bearing S 21°11'51'' E, a distance of 15.21 feet to a 1/2-inch iron rod stamped "BCG" previously set in the north right-of-way line of said Dorman Lane, for the southwest corner of the said 2.173 acre tract, and the southerly southeast corner of the tract described herein;

THENCE S 87°00'20'' W with the north right-of-way line of said Dorman Lane a distance of 178.89 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-curvature in the north line of the said 5.329 acre tract;

THENCE crossing the said 5.329 acre tract, with the north right-of-way line of said Dorman Lane, with the south line of the tract described herein, and with the east right-of-way line of Cromwell Drive, a variable-width right-of-way, as shown on the said Plum Creek Phase I, Section 11A Replat, and with the east line of the tract described herein, the following four (4) courses and distances: 1. S 87°00'20" W, a distance of 80.00 feet to a 1/2-inch iron rod with a plastic cap stamped "Rangerland Surveying" found at a point-of-curvature in the north right-of-way line of said Dorman Lane, 2. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 21.58 feet, and a chord bearing N 68°15'55" W, a distance of 20.92 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-reverse curvature, 3. with the arc of a curve to the left, having a radius of 75.00 feet, an arc distance of 21.06 feet, and a chord bearing N 51°34'54" W, a distance of 20.99 feet to a 1/2-inch iron rod with a plastic cap stamped "Rangerland Surveying" found at a point-of-reverse curvature, and 4. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 4.57 feet, and a chord bearing N 54°23'28" W, a distance of 4.56 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set in the west line of the said 5.329 acre tract and the east right-of-way line of said Cromwell Drive;

THENCE with the curving east right-of-way line of said Cromwell Drive, with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 20.14 feet, and a chord bearing N 26°04'29" W, a distance of 19.60 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set at the northeast terminus of said Cromwell Drive, as shown on the said Plum Creek Phase 1, Section 11A Replat;

THENCE crossing the remainder of the said 849.267 acre tract, with the west line of the tract described herein, the following ten (10) courses and distances: 1. N 02°59'40" W, a distance of 320.00 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set; 2. N 02°59'40" W, a distance of 268.15 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-curvature, 3. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 22.83 feet, and a chord bearing N 23°10'14" E, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-reverse curvature, 4. with the arc of a curve to the left, having a radius of 65.00 feet, an arc distance of 21.84 feet, and a chord bearing N 39°42'34" E, a distance of 21.74 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for a point-of-reverse curvature, 5. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 24.54 feet, and a chord bearing N 58°12'31" E, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a re-entrant corner, 6. N 03°39'58" W, a distance of 50.00 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point of non-tangent curvature, 7. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 24.54 feet, and a chord bearing N 65°32'26" W, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set for a point-of-reverse curvature, 8. with the arc of a curve to the left, having a radius of 65.00 feet, an arc distance of 23.64 feet, and a chord bearing N 47°50'00" W, a distance of 23.51 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-reverse curvature, 9. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 22.83 feet, and a chord bearing N 32°05'12" W, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-tangency, and 10. N 05°55'18" W, a distance of 84.76 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set in the southeast line of the said 190.110 acre tract and the south line of the said 1.211 acre tract, for a point in the west line of the tract described herein;

THENCE N 05°55'18" W, crossing the said 190.110 acre tract and the said 1.211 acre tract, with the west line of the tract described herein, a distance of 109.37 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set in the northwest line of the said 1.211 acre tract, for a point-on-line in the west line of the tract described herein;

THENCE N 05°55'18" W, continuing across the said 190.110 acre tract, with the west line of the tract describe herein, a distance of 283.18 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for the southeast terminus of Cromwell Drive, as shown on the said Plum Creek Phase I, Section 11J subdivision plat, for a point-of-curvature in the west line of the tract described herein;

THENCE with the east right-of-way line of said Cromwell Drive, with the west line of the tract described herein, and with the south right-of-way line of said Vaughn and the north line of the tract described herein, the following four (4) courses and distances: 1. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 24.71 feet, and a chord bearing N 22°23'41'' E, a distance of 23.72 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point of reverse curvature, 2. with the arc of a curve to the left, having a radius of 75.00 feet, an arc distance of 22.92, and a chord bearing N 41°57'27'' E, a distance of 22.83 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point of reverse curvature, 3. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 23.18 feet, and a chord bearing N 59°46'08'' E, a distance of 22.36 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-tangency, and 4. N 86°20'02'' E, a distance of 50.00 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set in the west line of the said 1.211 acre tract, for a point in the north line of the tract described herein;

THENCE N 86°20'02" E, crossing the said 1.211 acre tract, with the south right-of-way line of said Vaughn, a distance of 17.26 feet to a 1/2-inch iron rod with a plastic cap stamped "BCG" previously set in the east line of the said 1.211 acre tract, for the southwest corner of the said 0.800 acre tract, for a point in the north line of the tract described herein;

THENCE with the south right-of-way line of said Vaughn, with the north line of the tract described herein, the following two (2) courses and distances: 1. N 86°20'02'' E, a distance of 448.95 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-curvature, and 2. with the arc of a curve to the right, having a radius of 30.00 feet, an arc distance of 47.12 feet, and a chord bearing S 48°39'58'' E, a distance of 42.43 feet to the POINT OF BEGINNING and containing 15.017 acres of land, more or less.

BEARING BASIS: Texas Coordinate System, South Central Zone, NAD83, Grid.

TRACT 10

DESCRIPTION OF 15.757 ACRES OF LAND IN THE JOHN COOPER SURVEY NO. 13, A-100, THE JESSE DAY SURVEY, A-152, AND THE JESSE DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF THE REMAINDER OF A CERTAIN 849.267 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM NEGLEY, LIFE TENANT OF RECORD IN VOLUME 322, PAGE 589, DEED RECORDS OF HAYS COUNTY, TEXAS, AND ALSO IN THE DEED TO MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2047, PAGE 133, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF THAT CERTAIN CALLED 190.110 ACRE TRACT DESIGNATED AS TRACT II, PARCEL 2, AND DESCRIBED IN THE SUBSTITUTE TRUSTEE'S DEED TO PLUM CREEK DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 4072, PAGE 566, OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 15.757 ACRES OF LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set in the south line of a certain called 1.252 acre tract designated as Parcel 2, Tract 1, and described in a deed to the City of Kyle, Texas, of record in Volume 3218, Page 838, Official Public Records of Hays County, Texas, at the intersection of the south right-of-way line of Kohler's Crossing (County Road 171), a variable width right-of-way, and the east right-of-way line of Cromwell Drive, a variable width right-of-way, as shown on the Plum Creek Phase I, Section 11J subdivision plat of record in Cabinet 17, Pages 42-43, Plat Records of Hays County, Texas, for the northeast corner of a certain called 1.555 acre tract designated as Tract 1 and described in the deed to Plum Creek Development Partners, Ltd. of record in Volume 4576, Page 617, Official Public Records of Hays County, Texas, for a point-of-tangency in the north line and POINT OF BEGINNING of the tract described herein;

THENCE N 88°49'05'' E, leaving the east right-of-way line of said Cromwell Drive, with the south right-of-way line of said Kohler's Crossing (County Road 171), with the south line of the said 1.252 acre tract, and with the north line of the tract described herein, a distance of 551.66 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set at the intersection of the south right-of-way line of said Kohler's Crossing (County Road 171) with the west right-of-way line of Kyle Parkway (F.M. 1626) in the west line of a certain called 22.83 acre tract described in the deed to the City of Kyle, Texas, of record in Volume 1871, Page 232, Official Public Records of Hays County, Texas, and corrected in Volume 1904, Page 813, Official Public Records of Hays County, Texas, same being the 22.83 acres described in the dedication of public right-of-way of record in Volume 4122, Page 67, Official Public Records of Hays County, Texas, for the southeast corner of the said 1.252 acre tract and for a northeast corner of the tract described herein;

THENCE S 46°17'09'' E, with the west right-of-way line of Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre tract, with the east line of the tract described herein a distance of 27.38 feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" previously set for an angle point in the west line of said Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre tract, for an angle point in the east line of the tract described herein;

THENCE S 03°39'58'' E, with the west right-of-way line of said Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre tract, with the east line of the tract described herein, at a distance of 374.01 feet passing a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-on-line, at a distance of 484.01 feet passing a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-on-line, and continuing for a total distance of 1,069.26 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for the intersection of the west right-of-way line of said Kyle Parkway (F.M. 1626) and the north right-of-way line of Vaughn, a 70-foot right-of-way, as shown on the said Plum Creek Phase I, Section 11J subdivision plat, for the northeast corner of a certain called 0.800 acre tract designated as Tract 2 and described in said deed to Plum Creek Development Partners of record in Volume 4576, Page 617, Official Public Records of Hays County, Texas, for a point-of-curvature in the east line of the tract described herein;

THENCE leaving the west right-of-way line of said Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre tract, with the curving north right-of-way line of said Vaughn, with the north line of the said 0.800 acre tract, and with the south line of the tract described herein, with the arc of a curve to the right, having a radius of 30.00 feet, an arc distance of 47.12 feet, and a chord bearing S 41°20'02'' W, a distance of 42.43 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-tangency;

THENCE S 86°20'02'' W, continuing with the north right-of-way line of said Vaughn, with the north line of the said 0.800 acre tract, and with the south line of the tract described herein, a distance of 475.81 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set in the east line of the said 190.110 acre tract, for a point-on-line in the south line of the tract described herein;

THENCE crossing the said 190.110 acre tract, with the north right-of-way line of said Vaughn and with the south line of the tract described herein, with the east right-of-way line of said Cromwell Drive and with the west line of the tract described herein, the following five (5) courses and distances: 1. S 86°20'02'' W, a distance of 40.40 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-curvature, 2. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 23.18 feet, and a chord bearing N 67°06'03'' W, a distance of 22.36 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-reverse-curvature, 3. with the arc of a curve to the left, having a radius of 75.00 feet, an arc distance of 28.82 feet, and a chord bearing N 51°32'43'' W, a distance of 28.65 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-reverse-curvature, 4. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 24.71 feet, and a chord bearing N 34°14'18'' W, a distance of 23.72 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-tangency, and 5. N 05°55'18'' W, a distance of 217.01 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set in the east line of the said 190.110 acre tract, for the south corner of the said 1.555 acre tract, for a point-on-line in the west line of the tract described herein;

THENCE crossing the remainder of the said 849.267, with the east right-of-way line of said Cromwell Drive, with the east line of the said 1.555 acre tract, with the west line of the tract described herein, the following ten (10) courses and distances: 1. N 05°55'18'' W, a distance of 349.36 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-curvature, 2. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 22.83 feet, and a chord bearing N 20°14'36'' E, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-reverse-curvature, 3. with the arc of a curve to the left, having a radius of 65.00 feet, an arc distance of 15.70 feet, and a chord bearing N 39°29'16'' E, a distance of 15.66 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-reverse-curvature, 4. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 24.54 feet, and a chord bearing N 60°41'33'' E, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a re-entrant corner, 5. N 01°10'55'' W, a distance of 50.00 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point of non-tangent curvature, 6. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 24.54 feet, and a chord bearing N 63°03'23'' W, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-reverse-curvature, 7. with the arc of a curve to the left, having a radius of 65.00 feet, an arc distance of 16.38 feet, and a chord bearing N 42°09'04'' W, a distance of 16.34 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-reverse-curvature, 8. with the arc of a curve to the right, having a radius of 25.00 feet, an arc distance of 21.03 feet, and a chord bearing N 25°16'36'' W, a distance of 20.41 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-tangency, 9. N 01°10'55'' W, a distance of 363.92 feet to a 1/2-inch iron rod with a plastic cap stamped "Loomis" previously set for a point-of-curvature, and 10. with the arc of a curve to the right, having a radius of 30.00 feet, an arc distance of 41.12 feet, and a chord bearing N 43°49'05'' E, a distance of 42.43 feet to the POINT OF BEGINNING and containing 15.757 acres of land, more or less.

BEARING BASIS: Texas Coordinate System, South Central Zone, NAD83, Grid.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. (a) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 7988, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7988.107 to read as follows:

Sec. 7988.107. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

(b) This section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 2245 passed the Senate on May 4, 2017, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 2245 passed the House on May 19, 2017, by the following vote: Yeas 139, Nays 5, two present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor