By: Campbell S.B. No. 2183

A BILL TO BE ENTITLED

AN ACT

relating to the boundaries of, and validating certain acts and proceedings of, the Driftwood Conservation District.

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

SECTION 1. Section 2, Chapter 632, Acts of the 85th Legislature, Regular Session, 2017, is amended to read as follows:

Sec. 2. The Driftwood Conservation District [initially] includes all the territory contained in the following area: Tract I

FIELDNOTE DESCRIPTION of a 394.112 acre tract out of the Freelove Woody Survey No. 23, Hays County, Texas, being a portion of that 700.03 acre tract conveyed to John Richard Rutherford by deed recorded in Volume 1214, Page 548 of the Deed Records of Hays County, Texas; the said 394.112 acre tract is more particularly described by metes and bounds as follows:

BEGINNING at a calculated point for the most westerly corner of the said 700.03 acre tract, being on the southerly line of that 100 acre tract conveyed to Masa Scott Roberts by deed recorded in Volume 301, Page 865 of the said Deed Records, and a point in the northerly right-of-way line of State Highway FM 967 (80.00' right-of-way), from which a TxDOT concrete highway monument found bears N41 10'07"Q, 85.92 feet;

THENCE, leaving the northerly right-of-way line of State Highway FM 967, with the common line between the said 700.03 acre tract and the said 100 acre tract, for the following two (2) courses:

1. N88 43'28"E at .25 feed pass a 1/2" iron rod found, for a total distance of 2005.48 feet to a 60d nail found in a fence corner post for the southeast corner of the said 100 acre tract;

2. N00 59'15"W, 515.50 feet to a 5/8" iron rod found stamped "Kent McMillon, Land Surveyor, RPLS 4341", for a northwest corner of the said 700.03 acre tract, being on a westerly line of the remainder of that 535.13 acre tract conveyed to Michael Giles Rutherford, Jr., John Richard Rutherford and Sally Anne Rutherford by deed recorded in Volume 1214, Page 531 of the said Deed Records, from which a 1/2 " iron rod found for the northeast corner of the said 100 acre tract bears N00 59'15"W, 523.55 feet;

THENCE, N89 02'23"E, leaving the easterly line of the said 100 acre tract, across the said 535.13 acre tract, with northerly line of the said 700.03 acre tract, 5479.22 feet to a 1/2 " iron rod set with plastic cap for the northeast corner of the herein described tract, being in the westerly line of the remainder of that 652.60 acre tract also conveyed to Michael Giles Rutherford, Jr., John Richard Rutherford and Sally Anne Rutherford by deed recorded in Volume 1214, Page 531 of the said Deed Records;

THENCE, leaving the said remainder of the 535. 13 acre tract and the 652.60 acre tract, across the said 700.03 acre tract for the following three (3) courses:

1) S00 15'40 E, 514.97 feet to a 1/2" iron rod set with plastic cap;

2) S89 02'23"W, 15.17 feet to a fence comer post found;

3) S00°27'04"E, 1260. 14 feet to a metal fence corner post found for an ell corner in the southerly line of the said 700.03 acre tract, being on the remainder of that certain tract, described as First Tract, conveyed to Michael Giles Rutherford by deed recorded in Volume 197, Page 45 of the said Deed Records, from which a 5/8" iron rod found with aluminum cap stamped "Kent McMillan, Land Surveyor, RPLS 4341" bears N87 l'36"E, 1675.22 feet;

THENCE, S0l°00'52"E, across the said Michael Giles Rutherford First Tract, with an easterly line of the said 700.03 acre tract, 17.61 feet to a 5/8" iron rod found with aluminum cap stamped "Kent McMillan, Land Surveyor, RPLS 4341" for the most easterly, southeast comer of the herein described tract, from which a fence corner post found for the most southerly, southeast corner of the aforesaid 700.03 acre tract, being an ell comer of the said Michael Giles Rutherford tract and the northeast corner of that certain 26.25 acre tract conveyed to Denton E. Ragland, Patrice Ragland and Marilyn Ragland by deed recorded in Volume 282, Page 373 of the said Deed Records bears S0l°00'52"E, 2121.99 feet;

THENCE, leaving the remainder of the said Michael Giles Rutherford tract, across the said 700.03 acre tract, for the following twenty-three (23) courses:

1) N83°13'49"W, 111.37 feet to a 1/2" iron rod set with plastic cap;

2) N81°56'14"W, 349.24 feet to a 1/2" iron rod set with plastic cap;

3) N7l'0l'01"W, 274.19 feet to a 1/2" iron rod set with plastic cap;

4) N78°02'17"W, 468.3I feet to a 1/2" iron rod set with plastic cap;

5) N82°55' 15"W, 267.33 feet to a 1/2" iron rod set with plastic cap;

6) S71°57'45"W, 177.28 feet to a 1/2" iron rod set with plastic cap;

7) N78'37'03"W, 375.19 feet to a 1/2" iron rod set with plastic cap;

8) S65°03'19"W, 84.41 feet to a 1/2" iron rod set with plastic cap;

9) S33°11'56"W, 124.67 feet to a1/2"iron rod set with plastic cap;

10) S01°02'08'W 168.03 feet to a 1/2" iron rod set with plastic cap;

11) S27 03' 16"W, 206.14 feet to a 1/2" iron rod set with plastic cap;

12) S17°49'54"W, 197.44 feet to a 1/2" iron rod set with plastic cap;

13) S30°34'17"W, 272.18 feet to a to a 1/2" iron rod set with plastic cap;

14) S12°51'33"W, 225.06 feet to a 1/2" iron rod set with plastic cap;

15) S08°30'37"E, 228.34 feet to a 1/2" iron rod set with plastic cap;

16) S17°32'26"W 215.74 feet to a 1/2" iron rod set with plastic cap;

17) S18°36'23"W, 192.00 feet to a 1/2" iron rod set with plastic cap;

18) S01°16'37"E, 177.11 feet to a 1/2" iron rod set with plastic cap:

19) S63°12'48"W, 153.98 feet to a 1/2" iron rod set with plastic cap;

20) S45°13'37"W, 150.25 feet to a 1/2" iron rod set with plastic cap;

21) S29°56'27"W, 113.65 to a 1/2" iron rod set with plastic cap:

22) S60°22'29"W, 114.26 feet to a 1/2" iron rod set with plastic cap;

23) S26 35'43"W, 75.57 feet to a 5/8" iron rod found with aluminum cap, stamped "Kent McMillan, Land Surveyor, RPLS 4341", on the southerly line of the said 700.03 acre tract, being on the notherly right-of-way line of the aforesaid Sate Highway FM 967, and being 40.00 feet right of State Highway centerline station 587+49.3;

THENCE, with the common line between the said 700.03 acre tract and the said right-of-way line of State Highway FM 967, for the following two (2) courses:

1) N89 12'09"W, at 750.58 feet pass a TxDOT concrete highway monument found, for a total distance of 1247.30 feet to a calculated point for the point of curvature of a non-tangent curve to the right, from which a TxDOT concrete highway monument found bears S01 07'48"W, 0.38 feet, said calculated point being 40.00 feet right of State Highway centerline station 599+95.5;

2) With the said curve to the right having a central angle of 48 00'30", a radius of 1105.92 feet, a chord distance of 899.79 feet (chord bears N65 10'23"W), for an arc distance of 926.66 feet to a calculated point for the point of tangency, from which a TxDOT concrete highway monument found bears N81 52'12"E, 1.37 feet, said calculated point being 40.00 feet right of State Highway centerline station 609+55.5;

THENCE, N41 10'07"W, continuing with the common line between the said 700.03 acre tract and the northerly right-of-way line of State Highway FM967, at 1393.60 feet pass a TxDOT concrete monument found 0.28 feet to the left, at 2244.39 feet pass a TxDOT concrete highway monument found, for a total distance of 3675.62 feet to the PLACE OF BEGINNING, CONTAINING within these metes and bounds 394.112 acres of land area. TRACT II.

FIELDNOTE DESCRIPTION of a 128.166 acre tract out of the Freelove Woody Survey No.23, Hays County, Texas, being a portion of that 700.03 acre tract conveyed to John Richard Rutherford by deed recorded in Volume 1214, page 548 of the Deed Records of Hays County, Texas; the said 128.166 acre tract is more particularly described by metes and bounds as follows:

BEGINNING at a fence corner post found for the most southerly southeast corner of the said 700.03 acre tract, being the northeast corner of that 26.25 acre tract conveyed to Denton Ragland, Jr., Patrice Ragland and Marilyn Ragland by deed recorded in Volume 282, Page 372 of the said Deed Records and an ell corner of that certain tract, described as first tract, conveyed to Michael Giles Rutherford recorded in Volume 197, page 45 of the said Deed Records, from which a fence corner post found in the common line between the said 26.25 acre tract and that certain Michael Giles Rutherford tract bears S00 42'40"E, 446.87 feet;

THENCE, N88 53'01'W, leaving the said Michael Giles Rutherford tract, with the southerly line of the said 700.03 acre tract, at 21.54 feet pass a 5/8" iron rod found, stamped "Kent McMillan, Land Surveyor, RPLS 4341", 0.56 feet to the left, at 719.81 feet pass the approximate northwest corner of the said 26.25 acre tract, being approximate northeast corner of the remainder of that 53.50 acre tract conveyed to Minnie Rogers by deed recorded in Volume 210, Page 210 of the said Deed Records, for a total distance of 2711.59 feet to a 5/8" iron pipe found on a curve to the left in the northerly right of way line of State Highway FM 967;

THENCE, with the common line between the said 700.03 acre tract and the northerly right-of-way line of State Highway 967, with the said curve to the left having a central angle of 09 18'06", a radius of 1949.86 feet, a chord distance of 316.20 feet(chord bears N84 31'41"W), for an arch distance of 316.55 feet to a 5/8" iron rod found with aluminum cap stamped "Kent McMillan, Land Surveyor, RPLS 4341" for the point of tangency and southwest corner of the herein described tract, said point being 40.00 feet right of State Highway RM 967 centerline station 587+49.3, from which a 5/8" iron rod found with aluminum cap stamped "Kent McMillan, Land Surveyor, RPLS 4341" in the common line between said 700.03 acre tract and northerly right-of-way line of State Highway FM 967, being 40.00 feet right of State Highway FM 967 centerline station 599+95.5, bears N89 12'09"W, 1247.30 feet;

THENCE, leaving the said northerly right-of-way line of State Highway FM 967, across the said 700.03 acre tract, for the following twenty-three (23) courses:

1. N26 35'43"E, 75.57 feet to a 1/2" iron rod set with plastic cap:

2. N60 22'29"E, 114.26 feet to a 1/2" iron rod set with plastic cap:

3. N29 56'27"E, 113.65 feet to a 1/2" iron rod set with plastic cap:

4. N45 13'37"E, 150.25 feet to a 1/2" iron rod set with plastic cap:

5. N63 12'48"E, 153.98 feet to a 1/2" iron rod set with plastic cap;

6. N01 16'37"W, 177.11 feet to a 1/2" iron rod set with plastic cap;

7. N18 36'23"E, 192.00 feet to a 1/2" iron rod set with plastic cap;

8. N17 32'26"E, 215.74 feet to a 1/2" iron rod set with plastic cap;

9. N08 30'37"W, 228.34 feet to a 1/2" iron rod set with plastic cap;

10. N12 51'33"E, 225.06 feet to a 1/2" iron rod set with plastic cap;

11. N30 34'17"E, 272.18 feet to a 1/2" iron rod set with plastic cap;

12. N17 49'54"E 197.44 feet to a 1/2" iron rod set with plastic cap;

13. N27 03'16"E, 206.14 feet to a 1/2" iron rod set with plastic cap;

14. N01 02'08"E, 168.03 feet to a 1/2" iron rod set with plastic cap;

15. N33 11'56"E, 124.67 feet to a 1/2" iron rod set with plastic cap;

16. N65 03'19"E, 84.41 feet to a 1/2" iron rod set with plastic cap;

17. S78 37'03"E, 375.19 feet to a 1/2" iron rod set with plastic cap;

18. N71 57'45"E, 177.28 feet to a 1/2" iron rod set with plastic cap;

19. S82 55'15"E, 267.33 feet to a 1/2" iron rod set with plastic cap;

20. S78 02'17"E, 468.31 feet to a 1/2" iron rod set with plastic cap;

21. S71 01'01"E, 274.19 feet to a 1/2" iron rod set with plastic cap;

22. S81 56'14"E, 349.24 feet to a 1/2" iron rod set with plastic cap;

23. S83 13'49"E, 111.37 feet to a 5/8" iron rod found with aluminum cap stamped "Kent McMillan, Land Surveyor, RPLS 4341" on an easterly line of the said 700.03 acre tract, being a westerly line created from the remainder of that certain Michael Giles Rutherford tract, form which a metal gate post found for an ell corner of the said 700.03 acre tract bears N01 00'52"W, 17.61 feet;

THENCE, S01 00'52"E, across the said Michael Giles Rutherford tract, with an easterly line of the said 700.03 acre tract, at a distance of 1885.44 feet to the left, at 2084.56 feet pass a 5/8" iron rod found, stamped "Kent McMillan, Land Surveyor, RPLS 4341", 0.07 feet to the left, for a total distance of 2104.37 feet to the PLACE OF BEGINNING, CONTAINING within these metes and bounds of 128.166 acres of land area. TRACT III

FIELDNOTE DESCRIPTION OF A 0.1793 acre tract of the Freelove Woody Survey No. 23, Abstract No.20, Hays County, Texas, being a portion of that certain tract, described as First Tract, conveyed to Michael Giles Rutherford (First Tract) by deed recorded in Volume 197, Page 45 of the Deed Records of Hays County, Texas; the said 0.1793 acre tract is more particularly described by metes and bounds as follows:

BEGINNING at a cotton in spindle found on the easterly line of that 522.25 acre tract conveyed to Michael Giles Rutherford by deed recorded in Volume 3799, Page 263 of the Official Public Records of Hays County, Texas, same being the southwest corner of that 177.762 acre tract described as Exhibit A-1, as conveyed to LSM Ranch, Ltd. By deed recorded in Volume 1628, Page 206 of the said Deed Records and the proposed southwest corner of Rim Rock, Phase One, Section Five, subdivision;

THENCE, N87 51'36"E, leaving the easterly line of the said 522.25 acre tract, across the said First Tract, with the southerly line of the said 177.762 acre tract and proposed Rim Rock, Phase One, Section Five subdivision, for a distance of 99.82 feet to a calculated point for the northeast corner of the herein described tract, same being the most northerly northwest corner of Lot 34, Block 'A', Rutherford West, Section 2, a subdivision recorded in Book 14, pages 49 through 53 of the Plat Records of Hay County, Texas, from which a 1/2"iron rod found with plastic cap marked "Capital Surveying Company, Inc", bears N00 32'40"W, 0.13 feet;

THENCE, leaving the southerly line of the said 177.762 acre tract and proposed Rim Rock, Phase One, Section Five, subdivision, across the said First Tract, with the westerly and northerly lines of said Lot 34, Block 'A", for the following two (2) courses:

1. S00 32'40"E, 81.34 feet to a 1/2"iron rod found with plastic cap marked "Capital Surveying Company, Inc., found;

2. N88 52'48"W, 99.21 feet 1/2"iron rod found with plastic cap marked "Capital Surveying Company, Inc., found for the most westerly northwest corner of aforesaid Lot 34, Block 'A', same being on the easterly line of the aforesaid 522.25 acre tract and the southwest corner of the herein described tract;

THENCE, N01 00'52"W, leaving the northerly line of said Lot 34, Block 'A', and continuing across the said First Tract, easterly line of the aforesaid 522.25 acre tract, at a distance of 58.07 feet pass a 5/8" iron rod, with aluminum cap marked "Kent McMillan, Surveyor, RPLS 4341", found and continuing for a total distance of 75.68 feel to the PLACE OF BEGINNING, CONTAINING within these metes and bounds 0.1793 acres of land area.

The Bearing Basis for this description is the Texas State Plane Coordinate System, South Central Zone, NAD 83 Datum, derived from GPS Survey occupations.

37.0675 acres

FIELDNOTE DESCRIPTION of a tract or parcel of land containing 37.0675 acre situated in the Freelove Woody Survey No. 23, Abstract No. 20, and the Fannie A. D. Darden Survey, both of Hays County, Texas, being all of Driftwood Subdivision, Phase One, Section One, as recorded in Book 18, Pages 236 through 240 of the Plat Records of Hays County, Texas, the said 37.0675 acre tract is more particularly described by metes and bounds as follows:

COMMENCING at a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", found on the common southerly line of that 200 acre tract, described as Tract 4, conveyed to Masa Scott Roberts by deed recorded in Volume 966, Page 677 of the Official Public Records of Hays County, Texas, and northerly right-of-way line of State Highway RM 1826 (80.00' right-of-way), for the southwest corner of that 0.1166 acre right-of-way dedication tract, as dedicated in said Driftwood Subdivision, Phase One, Section One, from which a Txdot Type 1 monument found on the common south line of the said 200 acre tract and northerly right-of-way line of Rm 1826, bears N88°48'32"W, 863.33 feet;

THENCE, leaving the northerly right-of-way line of RM 1826, with the westerly line of said 0.1166 acre right-of-way dedication tract, across the said 200 acre tract, for the following two (2) courses:

1) N01°11'28"E, a distance of 25.00 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

2) N46°10'34"E, a distance of 14.14 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the northwest corner of the said 0.1166 acre right-of-way dedication tract, being the southwest corner of Lot 1, Block "F", Driftwood Subdivision, Phase One, Section One, and the POINT OF BEGINNING of the herein described tract;

THENCE, with the perimeter line of said Driftwood Subdivision, Phase One, Section One, across the said 200 acre tract, that 130 acre tract, described as Tract 1, and that 100 acre tract, described as Tract 2, all conveyed to Masa Scott Roberts by deed recorded in Volume 966, Page 677 of the said Official Public Records, for the following eighty (80) courses:

1) N46°10'34"E, a distance of 21.21 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for corner;

2) N01°10'34"E, a distance of 79.79 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the right;

3) With the said curve to the right having a central angle of 27°10'40", a radius of 525.00 feet, a chord distance of 246.70 feet (chord bears N14°45'54"E), for an arc distance of 249.03 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

4) N28°21'14"E, a distance of 315.06 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the left;

5) With the said curve to the left having a central angle of 28°05'06", a radius of 175.00 feet, a chord distance of 84.93 feet (chord bears N14°18'41"E), for an arc distance of 85.78 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

6) N00°16'08"E, a distance of 84.26 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the right;

7) With the said curve to the right having a central angle of 06°58'09", a radius of 825.00 feet, a chord distance of 100.29 feet (chord bears N03°45'13"E), for an arc distance of 100.35 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

8) N07°14'17"E, a distance of 51.93 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the left;

9) With the said curve to the left having a central angle of 08°19'46", a radius of 575.00 feet, a chord distance of 83.52 feet (chord bears N03°04'24"E), for an arc distance of 83.59 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

10) N01°05'29"W, a distance of 274.70 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the right;

11) With the said curve to the right having a central angle of 43°09'14", a radius of 625.00 feet, a chord distance of 459.69 feet (chord bears N20°29'08"E), for an arc distance of 470.74 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

12) N42°03'45"E, a distance of 285.57 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

13) N46°06'03"E, a distance of 80.78 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the left;

14) With the said curve to the left having a central angle of 09°33'11", a radius of 775.00 feet, a chord distance of 129.07 feet (chord bears N32°34'08"E), for an arc distance of 129.22 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

15) N27°47'32"E, a distance of 81.49 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the left;

16) With the said curve to the left having a central angle of 22°05'26", a radius of 1225.00 feet, a chord distance of 469.38 feet (chord bears N16°44'49"E), for an arc distance of 472.30 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

17) N75°44'51"W, a distance of 184.03 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the right;

18) With the said curve to the right having a central angle of 65°29'02", a radius of 725.00 feet, a chord distance of 784.24 feet (chord bears N43°00'20"W), for an arc distance of 828.61 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of reverse curvature of a curve to the left;

19) With the said curve to the left having a central angle of 21°50'23", a radius of 275.00 feet, a chord distance of 104.19 feet (chord bears N21°11'01"W), for an arc distance of 104.82 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

20) N32°06'12"W, a distance of 40.24 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

21) N57°25'46"E, a distance of 200.01 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

22) N58°26'36"E, a distance of 50.00 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

23) N56°42'25"E, a distance of 200.04 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

24) S32°06'12"E, a distance of 45.55 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the right;

25) With the said curve to the right having a central angle of 21°50'23", a radius of 725.00 feet, a chord distance of 274.68 feet (chord bears S21°11'01"E), for an arc distance of 276.35 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of reverse curvature of a curve to the left;

26) With the said curve to the left having a central angle of 65°29'02", a radius of 275.00 feet, a chord distance of 297.47 feet (chord bears S43°00'20"E), for an arc distance of 314.30 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

27) S75°44'51"E, a distance of 196.15 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a non-tangent curve to the right;

28) With the said curve to the right having a central angle of 11°38'05", a radius of 586.83 feet, a chord distance of 118.96 feet (chord bears N42°36'55"E), for an arc distance of 119.16 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of reverse curvature of a curve to the left;

29) With the said curve to the left having a central angle of 31°33'42", a radius of 1175.00 feet, a chord distance of 639.10 feet (chord bears N32°39'06"E), for an arc distance of 647.25 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

30) N75°38'53"W, a distance of 191.64 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

31) N06°28'28"E, a distance of 146.88 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

32) N07°36'00"W, a distance of 139.27 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

33) N25°45'59"W, a distance of 175.19 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

34) N01°46'39"E, a distance of 180.81 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

35) N16°24'02"E, a distance of 197.36 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

36) N07°03'46"E, a distance of 188.59 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

37) N12°42'10"E, a distance of 153.78 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

38) N20°09'27"E, a distance of 152.24 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the northwest corner of the herein described tract;

39) S60°06'46"E, a distance of 219.85 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the northeast corner of the herein described tract;

40) S23°22'29"W, a distance of 36.06 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the left;

41) With the said curve to the left having a central angle of 34°43'11", a radius of 757.61 feet, a chord distance of 452.10 feet (chord bears S06°00'53"W), for an arc distance of 459.10 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

42) N77°29'20"E, a distance of 240.08 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

43) S17°26'22"E, a distance of 180.09 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

44) S13°19'50"E, a distance of 174.68 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

45) S00°57'56"W, a distance of 195.97 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

46) S12°23'07"W, a distance of 150.36 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

47) S10°04'18"W, a distance of 145.80 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

48) S23°13'01"W, a distance of 181.03 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

49) S24°12'58"W, a distance of 166.01 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

50) S20°26'45"W, a distance of 154.35 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

51) S38°10'57"W, a distance of 153.06 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

52) N50°06'57"W, a distance of 260.73 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a non-tangent curve to the right;

53) With the said curve to the right having a central angle of 07°28'18", a radius of 1225.00 feet, a chord distance of 159.64 feet (chord bears S43°37'12"W), for an arc distance of 159.75 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

54) S51°01'26"E, a distance of 271.17 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

55) S42°19'39"W, a distance of 152.02 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

56) S17°52'14"W, a distance of 113.77 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found an angle point;

57) S07°22'23"W, a distance of 137.90 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

58) N84°39'08"W, a distance of 260.56 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a non-tangent curve to the right;

59) With the said non-tangent curve to the right having a central angle of 04°28'18", a radius of 1275.00 feet, a chord distance of 99.49 feet (chord bears S07°56'17"W), for an arc distance of 99.51 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found the point of compound curvature of a curve to the right;

60) With the said curve to the right having a central angle of 50°39'22", a radius of 118.00 feet, a chord distance of 100.96 feet (chord bears S07°10'42"E), for an arc distance of 104.33 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found the point of tangency;

61) S18°08'59"W, a distance of 10.00 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the right;

62) With the said curve to the right having a central angle of 38°48'54", a radius of 140.00 feet, a chord distance of 93.04 feet (chord bears S37°33'25"W), for an arc distance of 94.84 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found the point of compound curvature of a curve to the right;

63) With the said curve to the right having a central angle of 09°05'56", a radius of 1275.00 feet, a chord distance of 202.27 feet (chord bears S23°14'34"W), for an arc distance of 202.48 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found the point of tangency;

64) S27°47'32"W, a distance of 81.49 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the right;

65) With the said curve to the right having a central angle of 09°43'09", a radius of 825.00 feet, a chord distance of 139.78 feet (chord bears S32°39'07"W), for an arc distance of 139.94 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found the point of reverse curvature of a curve to the left;

66) With the said curve to the left having a central angle of 07°20'15", a radius of 300.00 feet, a chord distance of 38.39 feet (chord bears S33°50'33"W), for an arc distance of 38.42 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

67) S30°10'26"W, a distance of 31.85 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the right;

68) With the said curve to the right having a central angle of 07°00'00", a radius of 225.00 feet, a chord distance of 27.47 feet (chord bears S33°40'26"W), for an arc distance of 27.49 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found the point of tangency;

69) S37°10'26"W, a distance of 238.45 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the left;

70) With the said curve to the left having a central angle of 41°24'58", a radius of 375.00 feet, a chord distance of 265.21 feet (chord bears S16°27'57"W), for an arc distance of 271.07 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found the point of tangency;

71) S04°14'32"E, a distance of 51.42 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the right;

72) With the said curve to the right having a central angle of 28°12'44", a radius of 250.00 feet, a chord distance of 121.86 feet (chord bears S09°51'49"W), for an arc distance of 123.10 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found the point of tangency;

73) S23°58'11"W, a distance of 53.58 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the left;

74) With the said curve to the left having a central angle of 32°07'04", a radius of 175.00 feet, a chord distance of 96.82 feet (chord bears S07°54'40"W), for an arc distance of 98.10 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found the point of tangency;

75) S08°08'52"E, a distance of 314.19 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the right;

76) With the said curve to the right having a central angle of 55°12'40", a radius of 320.00 feet, a chord distance of 296.56 feet (chord bears S19°27'28"W), for an arc distance of 308.36 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found the point of tangency;

77) S47°03'48"W, a distance of 50.99 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the left;

78) With the said curve to the left having a central angle of 45°53'14", a radius of 570.00 feet, a chord distance of 444.40 feet (chord bears S24°07'11"W), for an arc distance of 456.50 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found the point of tangency;

79) S01°10'34"W, a distance of 66.45 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

80) S43°49'26"E, a distance of 21.22 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found the southwest corner of aforesaid Lot 1, Block "F", Driftwood Subdivision, Phase One, Section One being the northeast corner of the aforesaid 0.1166 acre right-of-way dedication tract, and the southeast corner of the herein described tract;

THENCE, N88°48'32"W, continuing across the said 200 acre tract, with the common southerly line of said Lot 1, Block "F", and northerly line of the said 0.1166 acre right-of-way dedication tract, a distance of 128.00 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds 37.0675 acres of land area.

119.5115 acres

FIELDNOTE DESCRIPTION of a tract or parcel of land containing 119.5115 acres (134.6580 acres Save and Except Tract A and Tract B described below) out of the Freelove Woody Survey No. 23, Abstract No. 20, and the Fannie A. D. Survey, Abstract No. 664, both of Hays County, Texas, being a portion of that 100 acres. described as Tract III, conveyed to Masa Scott Roberts by deed recorded in Volume 966, Page 156 of the said Deed Records, and further described by the deed recorded in Volume 168, Page 156 of the said Deed Records; the herein described 119.5115 acre tract, being all of proposed Driftwood, Phase One, Section Two is more particularly described by metes and bounds as follows:

BEGINNING at a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the southeast corner of Lot 4, Block "A", Driftwood Subdivision, Phase One, Section One, as recorded in Book 18, Page 236 of the Plat Records of Hays County, Texas, on a northerly remainder line of aforesaid 100 acre tract, from which a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the southwest corner of said Lot 4, Block "A", bears N50°06'57"W, a distance of 260.73 feet;

THENCE, continuing across the said 100 acre tract, with the easterly line of said Driftwood Subdivision, Phase One, Section One subdivision, same being the westerly line of proposed Lot 55, Block "A", Driftwood, Phase One, Section Two, for the following ten (10) courses:

1) N38°10'57"E, 153.06 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common easterly corner of Lot 4 and Lot 5, Block "A";

2) N20°26'45"E, 154.35 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common easterly corner of Lot 5 and Lot 6, Block "A";

3) N24°12'58"E, 166.01 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common easterly corner of Lot 6 and Lot 7, Block "A";

4) N23°13'01"E, 181.03 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common easterly corner of Lot 7 and Lot 8, Block "A";

5) N10°04'18"E, 145.80 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common easterly corner of Lot 8 and Lot 9, Block "A";

6) N12°23'07"E, 150.36 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common easterly corner of Lot 9 and Lot 10, Block "A";

7) N00°57'56"E, 195.97 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common easterly corner of Lot 10 and Lot 11, Block "A";

8) N13°19'50"W, 174.68 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common easterly corner of Lot 11 and Lot 12, Block "A";

9) N17°26'22"W, 180.09 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the northeast corner of Lot 12, Block "A", same being the southeast corner of proposed Lot 13, Block "A", Driftwood, Phase One, Section Two;

10) S77°29'20"W, with the norther1y line of said Lot 12, and southerly line of proposed Lot 13, Block "A", Driftwood, Phase One, Section Two, a distance of 240.08 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the northwest corner of said Lot 12 on the curving, easterly line of Lot 2, Block "F", (Thurman Roberts Way - variable width right-of-way), Driftwood Subdivision, Phase One, Section One, subdivision;

THENCE, with the common easterly remainder line of the said 100 acre tract and the easterly line of Lot 2, Block "F", Driftwood Subdivision, Phase One, Section One, subdivision, for the following two (2) courses:

1) With a non-tangent curve to the right, having a central angle of 34°43'11", a radius of 757.61 feet, a long chord of 452.10 feet (chord bears N06°00'53"E), for an arc distance of 459.10 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

2) N23°22'29"E, 36.06 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the northeast corner of said Driftwood Subdivision, Phase One, Section One, subdivision;

THENCE, N60°06'46"W, continuing across the said 100 acre tract, with the northerly line of said Driftwood Subdivision, Phase One, Section One, subdivision, same being a northerly line of proposed Lot 14, Block "B", Driftwood, Phase One, Section Two subdivision, a distance of 219.85 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the northwest corner of said Driftwood Subdivision, Phase One, Section One, subdivision;

THENCE, continuing across the said 100 acre tract, with the westerly line of said Driftwood Subdivision, Phase One, Section One subdivision, same being the easterly line of proposed Lot 14, Block "B", Driftwood, Phase One, Section Two subdivision, for the following nine (9) courses:

1) S20°09'27"W, 152.24 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common westerly corner of Lot 13 and Lot 12, Block "B";

2) S12°42'10"W, 153.78 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common westerly corner of Lot 12 and Lot 11, Block "B";

3) S07°03'46"W, 188.59 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for an angle point in the westerly line of Lot 11, Block "B";

4) S16°24'02"W, 197.36 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for an angle point in the westerly line of Lot 10, Block "B";

5) S01°46'39"W, 180.81 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for an angle point in the westerly line of Lot 9, Block "B";

6) S25°45'59"E, 175.19 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common westerly corner of Lot 8 and Lot 7, Block "B";

7) S07°36'00"E, 139.27 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common westerly corner of Lot 7 and Lot 6, Block "B";

8) S06°28'28"W, 146.88 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the southwest corner of Lot 6, Block "B";

9) S75°38'53"E, 191.64 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the southeast corner of Lot 6, Block "B" on the curving, westerly line of aforesaid Lot 2, Block "F", (Thurman Roberts Way - variable width right-of-way);

THENCE, continuing across the said 100 acre tract, with the westerly line of Lot 2, Block "F", and the easterly line of proposed Lot 14, Block "B", Driftwood, Phase One, Section Two subdivision, for the following two (2) courses:

1) With a non-tangent curve to the right, having a central angle of 31°33'42", a radius of 1175.00 feet, a long chord of 639.10 feet (chord bears S32°39'06"W), for an arc distance of 647.25 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the point of reverse curvature of a curve to the left;

2) With said curve to the left, having a central angle of 11°38'05", a radius of 586.83 feet, a long chord of 118.96 feet (chord bears S42°36'55"W), for an arc distance of 119.16 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the northeast corner of Lot 5, Block "B", of said Driftwood Subdivision, Phase One, Section One, subdivision;

THENCE, continuing across the said 100 acre tract, with a northerly line of said Driftwood Subdivision, Phase One, Section One subdivision, and southerly line of proposed Lot 14, Block "B", Driftwood, Phase One, Section Two subdivision, for the following four (4) courses:

1) N75°44'51"W, 196.15 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the right;

2) With said curve to the right, having a central angle of 65°29'02", a radius of 275.00 feet, a long chord of 297.47 feet (chord bears N43°00'20"W), for an arc distance of 314.30 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the point of reverse curvature of a curve to the left;

3) With said curve to the left, having a central angle of 21°50'23", a radius of 725.00 feet, a long chord of 274.68 feet (chord bears N21°11'01"W), for an arc distance of 276.35 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

4) N32°06'12"W, 45.55 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the northeast corner of Lot 1, Block "B", of said Driftwood Subdivision, Phase One, Section One subdivision;

THENCE, continuing across the said 100 acre tract, with the westerly line of said Driftwood Subdivision, Phase One, Section One subdivision, for the following two (2) courses:

1) S56°42'25"W, continuing with the southerly line of said proposed Lot 14, Block "B", Driftwood, Phase One, Section Two subdivision, 200.04 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found on the easterly line of Lot 5, Block "F" (Roxie Crossing- 50' R.O.W.), for the northwest corner of Lot 1, Block "B" and the southeast corner of proposed Roxie Crossing (50' R.O.W.), Driftwood, Phase One, Section Two subdivision;

2) S58°26'36"W, with the southerly line of said proposed Roxie Crossing, 50.00 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found on the westerly line of Lot 5, Block "F", for the northwest corner of Lot 1, Block "G", of said Driftwood Subdivision, Phase One, Section One subdivision and the southwest corner of said proposed Roxie Crossing;

THENCE, leaving the westerly line of said Driftwood Subdivision, Phase One, Section One, subdivision, and continuing across the said 100 acre tract, with for the following four (4) courses:

1) N32°06'12"W, with the westerly line of proposed Roxie Crossing, Driftwood, Phase One, Section Two subdivision, 37.95 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the left;

2) Continuing with the westerly line of proposed Roxie Crossing, with said curve to the left, having a central angle of 87°17'31", a radius of 15.00 feet, a long chord of 20.71 feet (chord bears N75°44'58"W), for an arc distance of 276.35 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the point of reverse curvature of a curve to the right on the southerly line of proposed Lot 3, Block F, Driftwood Subdivision, Phase Two (Thurman Roberts Way-variable width R.O.W.);

3) Along the southerly line of proposed Lot 3, Block F, Driftwood, Phase One, Section Two subdivision, with said curve to the right, having a central angle of 27°58'16", a radius of 831.70 feet, a long chord of 402.01 feet (chord bears S74°35'24"W), for an arc distance of 406.03 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

4) S88°34'32"W, continuing with the southerly line of proposed Lot 3, Block F, Driftwood, Phase One, Section Two subdivision, 279.37 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the southwest corner of said proposed Lot 3, Block F, Driftwood, Phase One, Section Two subdivision;

5) N05°40'15"W, with the westerly line of proposed Driftwood, Phase One, Section Two subdivision, 578.57 feet to a calculated point in the centerline of Onion Creek for the southwest corner of that 9.568 acre tract conveyed to Catherine Graves by deed recorded in Volume 2655, Page 391 of the Official Public Records of Hays County, Texas for the southwest corner of the herein described tract;

THENCE, with the westerly line of the aforesaid 100 acre tract, the westerly line of aforesaid proposed Lot 55, Block "A", Driftwood, Phase One, Section Two subdivision, and easterly line of the said 9.568 acre tract, for the following three (3) courses:

1) S54°23'49"E, 13.02 feet to a calculated point;

2) N89°54'14"E, 70.80 feet to a calculated point;

3) N59°58'53"E, 562.38 feet to a calculated point for the southeast corner of said 9.568 acre tract, same being the southwest corner of Lot 34, Driftwood Falls Estates, a subdivision recorded in Book 4, Page 111 of the Plat Records of Hays County, Texas;

THENCE, continuing with the westerly line of the aforesaid 100 acre tract, the westerly line of said proposed Lot 55, Block "A", Driftwood, Phase One, Section Two subdivision, and easterly line of the said Driftwood Falls Estates, subdivision, along the approximate centerline of Onion Creek, for the following five (5) courses:

1) N59°52'13"E, 343.26 feet to a calculated point;

2) N22°45'14"E, 752.70 feet to a calculated point;

3) N04°06'47"W, 606.60 feet to a calculated point;

4) N13°19'47"W, 568.40 feet to a calculated point;

5) N03°18'47"W, 281.50 feet to a calculated point for corner;

THENCE, N51°37'43"E, with the northerly line of said 100 acre tract, at an approximate distance of 56.44 feet pass the calculated northeast corner of Lot 53, Driftwood Falls Estates, same being the southwest corner of Lot 1, Pier Branch, a subdivision recorded in Book 4, Page 105 of the said Plat Records and continuing for a total distance of 172.19 feet to the common calculated corner of said Lot 1 and Lot 2, Pier Branch subdivision for corner;

THENCE, N75°22'14"E, continuing with the northerly line of said 100 acre tract, and southerly line of Pier Branch subdivision, along the approximate centerline of Onion Creek, a distance of 537.60 feet to the calculated southeast corner of Lot 5, same being the southwest corner of Lot 6, Onion Creek Ranch, a subdivision recorded in Book 8, Page 65 of the said Plat Records;

THENCE, continuing with the northerly line of said 100 acre tract, the northerly line of said proposed Lot 55, Block "A", Driftwood, Phase One, Section Two subdivision, and southerly line of Onion Creek Ranch subdivision, along the approximate centerline of Onion Creek, for the following three (3) courses:

1) S89°14'47"E, 405.32 feet to a calculated point;

2) S66°18'14"E, 117.62 feet to a calculated point;

3) S46°24'35"E, 218.49 feet to a calculated point;

THENCE, with the easterly line of said 100 acre tract, the easterly line of said proposed Lot 55, Block "A", Driftwood, Phase One, Section Two subdivision, and westerly line of Onion Creek Ranch subdivision, along the approximate centerline of Onion Creek, for the following eleven (11) courses:

1) S01°39'52"E, 171.50 feet to a calculated point;

2) S06°44'04"E, 158.73 feet to a calculated point;

3) S34°51'10"E, 115.94 feet to a calculated point;

4) S34°58'00"E, 249.36 feet to a calculated point;

5) S34°59'43"E, 265.58 feet to a calculated point;

6) S38°03'26"E, 166.09 feet to a calculated point;

7) S04°43'33"E, 96.82 feet to a calculated point;

8) S04°49'35"E, 294.73 feet to a calculated point;

9) S08°56'55"W, 526.01 feet to a calculated point;

10) S11°13'40"E, 636.74 feet to a calculated point;

11) S16°48'00"W, 222.06 feet to a calculated point for the southwest corner of Lot 16, Onion Creek Ranch subdivision, same being the northwest corner of that 331.26 acre tract conveyed to R. L. Struhall by deed recorded in Volume 226, Page 633 of the Deed Records of Hays County, Texas;

THENCE, continuing with the easterly line of said 100 acre tract, the easterly line of said proposed Lot 55, Block "A", Driftwood, Phase One, Section Two subdivision, with the westerly line of said 331.26 acre tract, along the approximate centerline of Onion Creek, for the following four (4) courses:

1) S63°57'26"W, 6.10 feet to a calculated point;

2) S26°38'17"W, 342.88 feet to a calculated point;

3) S28°39'17"W, 315.55 feet to a calculated point;

4) S22°31'17"W, 359.14 feet to a calculated point for the southeast corner of the herein described tract, same being the southeast corner of proposed Lot 55, Block "A", Driftwood, Phase One, Section Two subdivision;

THENCE, leaving the westerly line of said 331.26 acre tract, across the said 100 acre tract, with the southerly line of proposed Lot 55, Block "A", Driftwood, Phase One, Section Two subdivision, for the following two (2) courses:

1) N86°04'30"W, 300.73 feet to a calculated point;

2) N50°06'57"W, 143.95 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds 134.6580 acres of land area; Save and Except Tract A (4.7233 acres) and Tract B (10.4232 acres) as described below:

TRACT A (4.7233 Acres)

COMMENCING at a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the common northeast corner of Lot 13, Block "A" and northwest corner of Lot 2, Block "F" (Thurman Roberts Way right-of-way varies), Driftwood, Phase One, Section One, a subdivision recorded in Book 18, Page 236 of the Plat Records of Hays County, Texas, same being on the south line of that 100' electric easement conveyed to Pedernales Electric Co-op. as recorded in Volume 157, Page 615 of the said Deed Records, from which a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", found for the northwest corner of said Lot 13, Block "A", bears N60°06'46"W, a distance of 169.52 feet;

THENCE, N23°22'29"E, leaving the northerly line of said Lot 13, Block "A" and Lot 2, Block "F", along the proposed future westerly right-of-way line of Thurman Roberts Way, across the aforesaid 130 acre tract, a distance of 50.32 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the southeast corner and POINT OF BEGINNING of the herein described tract;

THENCE, N60°06'46"W, continuing across the said 130 acre tract, with the centerline of the aforesaid 100' electric easement, 175.12 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for the southwest corner of the herein described tract;

THENCE, leaving the centerline of said 100' electric easement and continuing across the said 130 acre tract, for the following six (6) courses:

11) N08°21'50"W, 33.32 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

12) N21°22'48"W, 20.10 feet a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

13) N14°01'53"W, 58.45 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

14) N18°18'45"W, 80.14feet a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

15) N42°20'24"W, 48.60 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

16) N55°47'45"W, 42.50 feet a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set on the proposed easterly right-of-way line of said future Thurman Roberts Way;

THENCE, continuing across the said 130 acre tract, with the interior right-of-way line of future Thurman Roberts Way, for the following ten (10) courses:

1) N25°41'33"E, 3.98 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for the point of curvature of a curve to the left;

2) With the said curve to the left, having a central angle of 55°00'58", a radius of 121.50 feet, a long chord of 112.24 feet (chord bears N01°48'57"W), for an arc distance of 116.67 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the point of tangency;

3) N29°19'26"W, 17.15 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for the point of curvature of a curve to the right;

4) With the said curve to the right, having a central angle of 20°04'43", a radius of 78.50 feet, a long chord of 27.37 feet (chord bears N19°17'05"W), for an arc distance of 27.51 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the point of compound curvature of a curve to the right;

5) With the said curve to the right, having a central angle of 23°39'25", a radius of 44.00 feet, a long chord of 18.04 feet (chord bears N02°34'59"E), for an arc distance of 18.17 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the point of compound curvature of a curve to the right;

6) With the said curve to the right, having a central angle of 124°18'34", a radius of 234.79 feet, a long chord of 415.22 feet (chord bears N76°33'58"E), for an arc distance of 509.41 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the point of compound curvature of a curve to the right;

7) With the said curve to the right, having a central angle of 58°47'24", a radius of 78.50 feet, a long chord of 77.06 feet (chord bears S11°53'03"E), for an arc distance of 80.55 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the point of reverse curvature of a curve to the left;

8) With the said curve to the left, having a central angle of 47°15'27", a radius of 148.00 feet, a long chord of 118.64 feet (chord bears S06°07'04"E), for an arc distance of 122.07 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the point of reverse curvature of a curve to the right;

9) With the said curve to the right, having a central angle of 53°07'17", a radius of 78.50 feet, a long chord of 70.20 feet (chord bears S03°11'09"E), for an arc distance of 72.78 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the point of tangency;

10) S23°22'28"W, a distance of 369.44 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds 4.7233 acres of land area, to be Saved and Excepted from the above said 134.6580 acre tract.

TRACT B (10.4232 Acres)

COMMENCING at a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the northeast corner of Lot 1, Block "B", Driftwood, Phase One, Section One, a subdivision recorded in Book 18, Page 236 of the Plat Records of Hays County, Texas, from which a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", found for the northwest corner of said Lot 1, Block "B", bears S56°42'25"W, a distance of 200.04 feet;

THENCE, N00°51'35"E, leaving the northeast corner of said Lot 1, Block "B", across the aforesaid 100 acre tract, a distance of 115.32 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the most westerly, southwest corner and POINT OF BEGINNING of the herein described tract;

THENCE, continuing across the said 100 acre tract and the aforesaid 130 acre tract, for the following fifteen (15) courses:

1) With a curve to the right, having a central angle of 01°13'27", a radius of 78.50 feet, a long chord of 1.68 feet (chord bears N37°08'37"E), for an arc distance of 1.68 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the point of tangency;

2) N36°40'01"E, 79.77 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for the point of curvature of a curve to the right;

3) With the said curve to the right, having a central angle of 19°33'57", a radius of 975.00 feet, a long chord of 331.34 feet (chord bears N47°51'21"E), for an arc distance of 332.95 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the point of reverse curvature of a curve to the left;

4) With the said curve to the left, having a central angle of 07°36'57", a radius of 962.49 feet, a long chord of 127.84 feet (chord bears N53°49'51"E), for an arc distance of 127.94 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the point of reverse curvature of a curve to the right;

5) With the said curve to the right, having a central angle of 08°13'50", a radius of 178.50 feet, a long chord of 25.62 feet (chord bears N54°08'17"E), for an arc distance of 25.64 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", set for the point of non-tangency and the northwest corner of the herein described tract;

6) S90°00'00"E, 252.07 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

7) S45°00'00"E, 78.53 feet a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

8) S00°18'13"E, 626.82 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

9) S37°11'49"W, 45.56 feet a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

10) S82°11'49"W, 244.61 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

11) S07°48'11"E, 137.76 feet a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

12) S82°11'49"W, 52.31 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

13) N22°26'27"W, 142.38 feet a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

14) S82°11'49"W, 184.96 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", set for corner;

15) N24°39'28"W, a distance of 452.064 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds 10.4232 acres of land area, to be Saved and Excepted from the above said 134.6580 acre tract, for a combined net acreage of 119.5115 acres.

44.3905 acres

FIELDNOTE DESCRIPTION of a tract or parcel of land containing 44.3905 acres situated in the Freelove Woody Survey No. 23, Abstract No. 20, Hays County, Texas, being a portion of that 200 acre tract, described as Tract IV and that 100 acre tract, described as Tract II, both conveyed to Masa Scott Roberts by deed recorded in Volume 966, Page 677 of the Deed Records of Hays County, Texas, and all of Lot 1, Block A, Driftwood Solage, a subdivision recorded in Book 18, Page 257 of the Plat Records of Hays County, Texas; the herein described 44.3905 acre tract, being all of "The "Final Plat" of the Driftwood Solage Subdivision, Block A, Lot 1-B, being a Replat of Block A, Lot 1 of the Driftwood Solage Subdivision and 17.3859 acres out of the Freelove Woody Survey No. 23, Abstract No. 664, Within The Extraterritorial Jurisdiction of the City of Dripping Springs, Hays County, Texas", as recorded in Document No. 19037665 of the Plat Records of Hays County, Texas, is more particularly described by metes and bounds as follows:

BEGINNING at a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the most northerly northwest corner of Lot 1, Block A, Driftwood Solage subdivision, same being on the east line of Lot 1, Block "A", Driftwood Subdivision, Phase One, Section One, a subdivision recorded in Book 18, Page 236 of the Plat Records of Hays County, Texas, from which a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the southeast corner of said Lot 1, Block "A", Driftwood Subdivision, Phase One, Section One, bears S07°22'23"W, 34.06 feet;

THENCE, leaving the northerly line of said Lot 1, Block A, Driftwood Solage Subdivision, across the said 100-acre tract, with the southeasterly line of said Driftwood Subdivision, Phase One, Section One subdivision, for the following six (6) courses:

17) N07°22'23"E, 103.84 feet to a 1/2 inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the northeast corner of said Lot 1, Block "A" and southeast corner of Lot 2, Block "A", Driftwood Subdivision, Phase One, Section One;

18) N17°52'14"E, 113.77 feet to a 1/2" inch iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the northeast corner of said Lot 2, Block "A" and southeast corner of Lot 3, Block "A", Driftwood Subdivision, Phase One, Section One;

19) N42°19'39"E, 152.02 feet to a 1/2" iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the most easterly corner of said Lot 3, Block "A";

20) N51°01'26"W, 271.17 feet to a 1/2" iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the most northerly corner of said Lot 3, Block "A", being on the southeasterly right-of-way line of Thurman Roberts Way (right-of-way varies) as dedicated by plat of said Driftwood Subdivision, Phase One, Section One, and being the point of curvature of a non-tangent curve to the left;

21) With the said non-tangent curve to the left, having a central angle of 07°28'18", a radius of 1225.00 feet, a long chord of 159.64 feet (chord bears N43°37'12"E), for an arc distance of 159.75 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", found for the most westerly corner of Lot 4. Block "A", Driftwood Subdivision, Phase One, Section One;

22) S50°06'57"E, passing at 260.73 feet a 1/2" iron rod, with plastic cap marked "Capital Surveying Company, Inc.", found for the most southerly corner of said Lot 4, Block "A", and continuing across the said 100 acre tract, for a total distance of 398.95 feet to a 1/2 inch iron rod, with a plastic cap marked "Capital Surveying Company, Inc.", found for angle point;

THENCE, S85°26'34"E, continuing across said 100 acre tract, for distance of 305.39 feet to a calculated point on the approximate centerline of Onion Creek, being on the common easterly line of the said 100 acre tract and westerly line of that 331.26 acre tract conveyed to R. L. Struhall be deed recorded in Volume 226. Page 633 of the Deed Records of Hays County, Texas;

THENCE, S16°23'23"E, with the said common easterly line of the 100 acre tract and westerly line of the 331.26 acre tract, 513.45 feet to a calculated point for the most northerly east corner of said Lot 1, Block A, Driftwood Solage subdivision;

THENCE, with the common easterly line of the said Lot 1, Block A, Driftwood Solage subdivision and westerly line of the said 331.26 acre tract, being along the approximate centerline of Onion Creek, the following six (6) courses:

1) S17°10'43"E, 220.66 feet to a calculated angle point;

2) S25°12'42"E, 91.93 feet to a calculated angle point;

3) S34°24'43"E, 293.21 feet to a calculated angle point;

4) S36°58'43"E, 312.92 feet to a calculated angle point;

5) S41°11'43"E, 251.02 feet to a calculated angle point;

6) S52°15'43"E, 120.82 feet to a calculated angle point;

THENCE, S63°34'43"E, leaving the southeast line of aforesaid Driftwood Solage subdivision, with the common easterly line of the said 200 acre tract and westerly line of the said 331.26 acre tract, 223.03 feet to a calculated point for the southeast corner of the herein described tract;

THENCE, leaving the westerly line of the said 331.26 acre tract and the approximate centerline of Onion Creek, and continuing across the said 200 acre tract, for the following fifteen (15) courses:

1) S53°37'15"W, at a distance of 110.60 feet pass a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found on line, and continuing for a total distance of 410.60 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

2) S83°45'47"W, 373.76 feet to a cotton gin spindle found for an angle point;

3) S71°43'37"W, 140.00 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

4) S75°18'49"W, 419.98 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

5) S69°45'59"W, 23.70' feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

6) N02°46'13"E, 20.69 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a curve to the right;

7) With said curve to the right, having a central angle of 01°48'34", a radius of 975.00 feet, a chord distance of 30.79 feet (chord bears N01°51'55"E), for an arc distance of 30.79 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

8) N00°57'39"E, 317.81 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of curve to the left;

9) With said curve to the left, having a central angle of 23°43'44", radius of 375.00 feet, a chord distance of 154.20 feet (chord bears N10°54'13"W), for an arc distance of 155.31 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

10) N22°46'05"W, 42.55 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

11) N14°38'40"W, 372.96 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

12) N21°45'28"W, 30.71 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

13) S80°36'36"W, 280.00 feet to 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for corner;

14) N10°21'10"W, 220.19 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

15) N28°08'35"W, 75.29 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found on the southerly line of said Lot 1, Block "A", Driftwood Solage, subdivision;

THENCE, with the southerly line of said Lot 1, Block A, Driftwood Solage subdivision and continuing across the said 200 acre tract, for the following two (2) courses:

1) N50°40'23"W, 232.12 feet to 4" diameter steel fence post found;

2) N85°21'33"W, 156.63 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of curvature of a non-tangent curve to the left, on the easterly right-of-way line of said Thurman Roberts Way;

THENCE, with the common west line of the said Lot 1, Block A, Driftwood Solage subdivision and easterly right-of-way line of said Thurman Roberts Way, across the said 200 acre tract, with said non-tangent curve to the left, having a central angle of 02°22'08", a radius of 1275.00 feet, a chord distance of 52.71 feet (chord bears N23°06'09"E), for an arc distance of 52.72 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the point of tangency;

THENCE, leaving said Thurman Roberts Way and continuing with the said westerly line of Lot 1, Block A, Driftwood Solage subdivision, being across the said 200 acre tract, for the following four (4) courses:

1) S85°21'33"E, 228.91 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

2) N14°30'16"E, 131.29 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

3) N14°09'20"W, 149.71 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for an angle point;

4) N05°20'52"E, 82.17 feet to a feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found on the south line of aforesaid Lot 1, Block "A", Driftwood Subdivision, Phase One, Section One;

THENCE, continuing across the said 200-acre tract, with common line between said Lot 1, Block A, Driftwood Solage subdivision and Lot 1, Block "A", Driftwood Subdivision, Phase One, Section One, for the following two (2) courses:

1) S84°39'08"E, 113.68 feet to a 1/2" iron rod, with cap marked "Capital Surveying Company, Inc.", found for the southeast corner of aforesaid Lot 1, Block "A", Driftwood Subdivision, Phase One, Section One;

2) N07°22'23"E, 34.06 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds 44.3905 acres of land area.

Bearing Basis is the Texas State Plane Coordinate System, South Central Zone, NAD 83 (GRID).

SECTION 2. (a) The legislature validates and confirms all governmental acts, elections, and proceedings of the Driftwood Conservation District that were taken before the effective date of this Act.

(b) This section does not apply to any matter that on the effective date of this Act:

(1) is involved in litigation if the litigation ultimately results in the matter being held invalid by a final court judgment; or

(2) has been held invalid by a final court judgment.

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. 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, 2021.