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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the North Hays County Municipal Utility |
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District No. 2; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7988 to read as follows: |
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CHAPTER 7988. NORTH HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7988.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the North Hays County Municipal |
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Utility District No. 2. |
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Sec. 7988.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7988.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7988.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7988.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7988.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7988.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7988.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 7988.052, directors serve |
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staggered four-year terms. |
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Sec. 7988.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Hillary Sotello; |
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(2) Paul Byars; |
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(3) Meghan Skornia; |
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(4) Bailey Harrington; and |
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(5) Kevin Howard. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7988.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7988.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7988.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7988.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7988.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7988.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7988.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7988.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 7988.106. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if: |
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(1) the district has no outstanding bonded debt; and |
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(2) the district is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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7988.003 to confirm the creation of the district. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 7988.003. |
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(i) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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7988.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7988.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7988.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7988.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7988.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7988.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7988.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7988.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7988.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The North Hays County Municipal Utility District |
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No. 2 initially includes all the territory contained in the |
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following area: |
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TRACT 1 |
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DESCRIPTION OF 156.881 ACRES LAND IN THE M.M. MCCARVER SURVEY |
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NO. 4, ABSTRACT NO. 10, HAYS COUNTY, TEXAS; BEING A PORTION OF A |
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CERTAIN CALLED 983.99 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 AND |
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DESCRIBED IN THE DEED WITHOUT WARRANTY TO MOUNTAIN PLUM, LTD. OF |
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RECORD IN VOLUME 2297, PAGE 139, OFFICIAL PUBLIC RECORDS OF HAYS |
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COUNTY, TEXAS; SAID 156.881 ACRES OF LAND AS SURVEYED BY BOWMAN |
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CONSULTING GROUP, LTD., BEING MORE PARTICULARLY DESCRIBED BY METES |
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AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 1/2-inch iron rod with a plastic cap stamped |
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"LAI" previously set in the west right-of-way line of that certain |
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Union Pacific Railroad right-of-way described in the deed to |
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International & Great Northern Railroad Company of record in Volume |
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H, Page 22, Deed Records of Hays County, Texas, in the east line of |
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the said 983.99 acre tract, for the northeast corner of that certain |
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called 0.576 acre tract designated as Tract 4 and described in the |
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deed to the City of Kyle, Texas of record in Volume 3220, Page 508, |
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Official Public Records of Hays County, Texas, being the north |
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right-of-way line of Kohlers Crossing, a variable-width |
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right-of-way, for the southerly southeast corner and POINT OF |
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BEGINNING of the tract described herein; |
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THENCE leaving the west right-of-way line of the said Union |
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Pacific Railroad right-of-way, with the north right-of-way line of |
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said Kohlers Crossing, with the north line of the said 0.576 acre |
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tract, and with the south line of the tract described herein, the |
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following two (2) courses and distances: |
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1. S 88°53'49" W, a distance of 1,304.72 feet to a 1/2-inch iron rod |
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with a plastic cap stamped "Loomis" previously set for an angle |
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point, and |
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2. S 88°49'05" W, a distance of 332.13 feet to a 1/2-inch iron rod |
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with a plastic cap stamped "LAI" previously set at the intersection |
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of the north right-of-way line of said Kohlers Crossing and the east |
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right-of-way line of Kyle Parkway, at the southeast corner of a |
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certain called 28.91 acre tract described in the dedication of |
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public right-of-way to the City of Kyle, Texas of record in Volume |
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4122, Page 67, Official Public Records of Hays County, Texas, for |
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the southerly southwest corner of the tract described herein; |
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THENCE leaving the north right-of-way line of said Kohlers |
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Crossing, with the east right-of-way line of said Kyle Parkway, |
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crossing the said 983.99 acre tract, with the east line of the said |
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28.91 acre tract, with the west line of the tract described herein, |
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the following four (4) courses and distances: |
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1. N 47°23'20" W, a distance of 50.34 feet to a 1/2-inch iron rod |
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with a plastic cap stamped "LAI" previously set for an angle point, |
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for the westerly southwest corner of the tract described herein, |
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2. N 03°39'40" W, a distance of 355.98 feet to a 1/2-inch iron rod |
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with a plastic cap stamped "LAI" previously set for a |
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point-of-curvature, |
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3. with the arc of a curve to the right, having a radius of |
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2,764.78 feet, an arc distance of 355.80 feet, and a chord which |
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bears N 00°01'17" E, a distance of 355.55 feet to a 1/2-inch iron rod |
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with a plastic cap stamped "LAI" previously set for a |
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point-of-tangency, and |
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4. N 03°42'29" E, a distance of 1,223.27 feet to a calculated point |
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for the south corner of a certain called 0.931 acre tract designated |
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as Parcel 4 and described in the deed to the City of Kyle, Texas of |
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record in Volume 4122, Page 86, Official Public Records of Hays |
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County, Texas, for an angle point in the west line of the tract |
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described herein, from which a Texas Department of Transportation |
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(TxDOT) Type 2 right-of-way monument (brass disk in concrete) found |
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bears N 13°25' E, a distance of 0.38 feet; |
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THENCE continuing across the said 983.99 acre tract, with the |
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east right-of-way line of said Kyle Parkway, with the east line of |
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the said 0.931 acre tract, and with the west line of the tract |
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described herein, the following three (3) courses and distances: |
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1. N 08°32'06" E, a distance of 238.83 feet to a Texas Department of |
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Transportation (TxDOT) Type 2 right-of-way monument (brass disk in |
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concrete) found at an angle point, |
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2. N 03°43'16" E, a distance of 464.30 feet to a Texas Department of |
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Transportation (TxDOT) Type 2 right-of-way monument (brass disk in |
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concrete) found at a point-of-curvature, and |
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3. with the arc of a curve to the left, having a radius 2,984.79 |
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feet, an arc distance of 864.55 feet, and a chord which bears N |
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04°35'15" W, a distance of 861.53 feet to a calculated point for the |
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northwest corner of the tract described herein, from which a Texas |
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Department of Transportation (TxDOT) Type 2 right-of-way monument |
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(brass disk in concrete) found at a point-of-tangency in the east |
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right-of-way line of said Kyle Parkway and the east line of the said |
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0.931 acre tract bears with the arc of a curve to the left, having a |
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radius of 2,984.79 feet, an arc distance of 451.18 feet, and a chord |
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which bears N 17°12'57" W, a distance of 450.75 feet; |
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THENCE leaving the east right-of-way line of said Kyle |
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Parkway and the east line of the said 0.931 acre tract, crossing the |
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said 983.99 acre tract, with the north line of the tract described |
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herein, the following seven (7) courses and distances: |
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1. N 78°54'52" E, a distance of 599.41 feet to a calculated angle |
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point, |
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2. N 84°23'20" E, a distance of 307.89 feet to a calculated angle |
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point, |
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3. N 89°38'16" E, a distance of 365.98 feet to a calculated angle |
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point, |
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4. S 79°24'43" E, a distance of 289.83 feet to a calculated angle |
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point, |
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5. S 63°16'05" E, a distance of 339.74 feet to a calculated angle |
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point, |
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6. S 70°05'41" E, a distance of 312.86 feet to a calculated angle |
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point, and |
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7. S 70°11'42" E, a distance of 218.01 feet to a calculated point in |
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the west right-of-way line of the said Union Pacific Railroad and |
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the east line of the said 983.99 acre tract, for the northeast |
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corner of the tract described herein, from which a 1/2-inch iron rod |
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found in the west right-of-way line of the said Union Pacific |
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Railroad at the northeast corner of the said 983.99 acre tract, at |
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the southeast corner of a certain called 151.960 acre tract |
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described in a deed to Flint Hills Resources Central Texas, LLC of |
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record in Document No. 2015-15008284, Official Public Records of |
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Hays County, Texas, bears N 13°28'48" E, a distance of 1,692.66 |
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feet; |
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THENCE S 13°28'48" W, with the west right-of-way line of the |
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said Union Pacific Railroad and the east line of the said 983.99 |
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acre tract, with an east line of the tract described herein, a |
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distance of 781.12 feet to a calculated point at the northeast |
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corner of that certain tract of land dedicated to the International & |
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Great Northern Railroad of record in Volume N, Page 428, Deed |
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Records of Hays County, Texas, for the southeast corner of the tract |
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described herein, from which a 1/2-inch iron rod found bears S |
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88°18' W, a distance of 0.23 feet; |
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THENCE with the north and west right-of-way line of the said |
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Union Pacific Railroad, same being the said International & Great |
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Northern Railroad of record in Volume N, Page 428, Deed Records of |
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Hays County, Texas, and a south and east line of the said 983.99 |
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acre tract, with a south and east line of the tract described |
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herein, the following two (2) courses and distances: |
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1. S 88°17'16" W, a distance of 378.46 feet to a 1/2-inch iron rod |
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found at the northwest corner of the said International & Great |
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Northern Railroad tract, at a re-entrant corner of the said 983.99 |
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acre tract, for a re-entrant corner of the tract described herein, |
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and |
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2. S 00°43'41" E, a distance of 1,693.36 feet to a calculated point |
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in the west right-of-way line of the said Union Pacific Railroad |
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right-of-way, at the south corner of the said International & Great |
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Northern Railroad tract, at an angle point in the east line of the |
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said 983.99 acre tract, for an angle point in the east line of the |
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tract described herein; |
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THENCE S 13°28'03" W, with the west right-of-way line of the |
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said Union Pacific Railroad and the east line of the said 983.99 |
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acre tract, with the east line of the tract described herein, a |
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distance of 811.29 feet to the POINT OF BEGINNING and containing |
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156.881 acres of land, more or less. |
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BEARING BASIS: Texas Coordinate System, South Central Zone, |
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NAD83, Grid. |
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TRACT 2 |
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DESCRIPTION OF 105.19 ACRES OF LAND IN THE JOHN COOPER |
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SURVEY NO. 13, A-100, THE JESSE DAY SURVEY NO. 162, A-152, AND |
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THE JESSE DAY SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A |
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PORTION OF THAT CERTAIN CALLED 185.77 ACRES OF LAND |
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DESIGNATED AS TRACT 4 OF EXHIBIT "A" DESCRIBED IN THE DEED TO |
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MOUNTAIN PLUM, LTD. OF RECORD IN VOLUME 2297, PAGE 139, |
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OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 105.19 |
|
ACRES OF LAND, AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., |
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BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
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FOLLOWS: |
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BEGINNING at a 1/2-inch iron rod with plastic cap |
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stamped "LOOMIS" previously set in the south right-of-way |
|
line of Kohlers Crossing (Hays County Road No. 171), a |
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varying width right-of-way, in the east line of that certain |
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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 |
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the southwest corner of a certain called 0.498 of one acre |
|
tract designated as Parcel 5, Tract 1 and described in |
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Exhibit A in the deed to the City of Kyle, Texas of record in |
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Volume 3218, Page 810, Official Public Records of Hays |
|
County, Texas, for the northwest corner and POINT OF |
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BEGINNING of the tract described herein; |
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THENCE N 88° 52' 31" E, with the south right-of-way line |
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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 |
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with plastic cap stamped "BCG" set for the northwest corner |
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of Lot 1, Block A, Plum Creek Phase I, Lot 1, Block A Business |
|
Park, a subdivision according to the plat of record in |
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Cabinet 14, Slides 34-35, Plat Records of Hays County, Texas, |
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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 |
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Business Park plat, for the northerly northeast corner of the |
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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, |
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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 |
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iron rod with plastic cap stamped "LAI" previously set for |
|
the southwest corner of said Lot 1, Block A, Plum Creek Phase |
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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 |
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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 |
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Marketplace Avenue, an 80-foot right-of-way, as shown on the |
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said Plum Creek Phase I, Lot 1, Block A Business Park plat, |
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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 |
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NO. 13, A-100, THE JESSE DAY SURVEY, A-152, AND THE JESSE DAY |
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SURVEY, A-159, HAYS COUNTY, TEXAS; BEING A PORTION OF THE REMAINDER |
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OF A CERTAIN 849.267 ACRE TRACT DESCRIBED IN THE DEED TO WILLIAM |
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NEGLEY, LIFE TENANT OF RECORD IN VOLUME 322, PAGE 589, DEED RECORDS |
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OF HAYS COUNTY, TEXAS, AND ALSO IN THE DEED TO MOUNTAIN PLUM, LTD. |
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OF RECORD IN VOLUME 2047, PAGE 133, OFFICIAL PUBLIC RECORDS OF HAYS |
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COUNTY, TEXAS, AND BEING A PORTION OF THE REMAINDER OF THAT CERTAIN |
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CALLED 190.110 ACRE TRACT DESIGNATED AS TRACT II, PARCEL 2, AND |
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DESCRIBED IN THE SUBSTITUTE TRUSTEE'S DEED TO PLUM CREEK |
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DEVELOPMENT PARTNERS, LTD. OF RECORD IN VOLUME 4072, PAGE 566, |
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OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID 15.757 ACRES OF |
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LAND AS SURVEYED BY BOWMAN CONSULTING GROUP, LTD., BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 1/2-inch iron rod with a plastic cap stamped |
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"Loomis" previously set in the south line of a certain called 1.252 |
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acre tract designated as Parcel 2, Tract 1, and described in a deed |
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to the City of Kyle, Texas, of record in Volume 3218, Page 838, |
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Official Public Records of Hays County, Texas, at the intersection |
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of the south right-of-way line of Kohler's Crossing (County Road |
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171), a variable width right-of-way, and the east right-of-way line |
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of Cromwell Drive, a variable width right-of-way, as shown on the |
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Plum Creek Phase I, Section 11J subdivision plat of record in |
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Cabinet 17, Pages 42-43, Plat Records of Hays County, Texas, for the |
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northeast corner of a certain called 1.555 acre tract designated as |
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Tract 1 and described in the deed to Plum Creek Development |
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Partners, Ltd. of record in Volume 4576, Page 617, Official Public |
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Records of Hays County, Texas, for a point-of-tangency in the north |
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line and POINT OF BEGINNING of the tract described herein; |
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THENCE N 88°49'05'' E, leaving the east right-of-way line of |
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said Cromwell Drive, with the south right-of-way line of said |
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Kohler's Crossing (County Road 171), with the south line of the said |
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1.252 acre tract, and with the north line of the tract described |
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herein, a distance of 551.66 feet to a 1/2-inch iron rod with a |
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plastic cap stamped "LAI" previously set at the intersection of the |
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south right-of-way line of said Kohler's Crossing (County Road 171) |
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with the west right-of-way line of Kyle Parkway (F.M. 1626) in the |
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west line of a certain called 22.83 acre tract described in the deed |
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to the City of Kyle, Texas, of record in Volume 1871, Page 232, |
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Official Public Records of Hays County, Texas, and corrected in |
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Volume 1904, Page 813, Official Public Records of Hays County, |
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Texas, same being the 22.83 acres described in the dedication of |
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public right-of-way of record in Volume 4122, Page 67, Official |
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Public Records of Hays County, Texas, for the southeast corner of |
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the said 1.252 acre tract and for a northeast corner of the tract |
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described herein; |
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THENCE S 46°17'09'' E, with the west right-of-way line of Kyle |
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Parkway (F.M. 1626) and the west line of the said 22.83 acre tract, |
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with the east line of the tract described herein a distance of 27.38 |
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feet to a 1/2-inch iron rod with a plastic cap stamped "LAI" |
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previously set for an angle point in the west line of said Kyle |
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Parkway (F.M. 1626) and the west line of the said 22.83 acre tract, |
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for an angle point in the east line of the tract described herein; |
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THENCE S 03°39'58'' E, with the west right-of-way line of said |
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Kyle Parkway (F.M. 1626) and the west line of the said 22.83 acre |
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tract, with the east line of the tract described herein, at a |
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distance of 374.01 feet passing a 1/2-inch iron rod with a plastic |
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cap stamped "Loomis" previously set for a point-on-line, at a |
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distance of 484.01 feet passing a 1/2-inch iron rod with a plastic |
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cap stamped "Loomis" previously set for a point-on-line, and |
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continuing for a total distance of 1,069.26 feet to a 1/2-inch iron |
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rod with a plastic cap stamped "Loomis" previously set for the |
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intersection of the west right-of-way line of said Kyle Parkway |
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(F.M. 1626) and the north right-of-way line of Vaughn, a 70-foot |
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right-of-way, as shown on the said Plum Creek Phase I, Section 11J |
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subdivision plat, for the northeast corner of a certain called |
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0.800 acre tract designated as Tract 2 and described in said deed to |
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Plum Creek Development Partners of record in Volume 4576, Page 617, |
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Official Public Records of Hays County, Texas, for a |
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point-of-curvature in the east line of the tract described herein; |
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THENCE leaving the west right-of-way line of said Kyle |
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Parkway (F.M. 1626) and the west line of the said 22.83 acre tract, |
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with the curving north right-of-way line of said Vaughn, with the |
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north line of the said 0.800 acre tract, and with the south line of |
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the tract described herein, with the arc of a curve to the right, |
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having a radius of 30.00 feet, an arc distance of 47.12 feet, and a |
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chord bearing S 41°20'02'' W, a distance of 42.43 feet to a 1/2-inch |
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iron rod with a plastic cap stamped "Loomis" previously set for a |
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point-of-tangency; |
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THENCE S 86°20'02'' W, continuing with the north right-of-way |
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line of said Vaughn, with the north line of the said 0.800 acre |
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tract, and with the south line of the tract described herein, a |
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distance of 475.81 feet to a 1/2-inch iron rod with a plastic cap |
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stamped "Loomis" previously set in the east line of the said 190.110 |
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acre tract, for a point-on-line in the south line of the tract |
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described herein; |
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THENCE crossing the said 190.110 acre tract, with the north |
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right-of-way line of said Vaughn and with the south line of the |
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tract described herein, with the east right-of-way line of said |
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Cromwell Drive and with the west line of the tract described herein, |
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the following five (5) courses and distances: |
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1. S 86°20'02'' W, a distance of 40.40 feet to a 1/2-inch iron rod |
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with a plastic cap stamped "Loomis" previously set for a |
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point-of-curvature, |
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2. with the arc of a curve to the right, having a radius of 25.00 |
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feet, an arc distance of 23.18 feet, and a chord bearing N 67°06'03'' |
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W, a distance of 22.36 feet to a 1/2-inch iron rod with a plastic cap |
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stamped "Loomis" previously set for a point-of-reverse-curvature, |
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3. with the arc of a curve to the left, having a radius of 75.00 |
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feet, an arc distance of 28.82 feet, and a chord bearing N 51°32'43'' |
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W, a distance of 28.65 feet to a 1/2-inch iron rod with a plastic cap |
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stamped "Loomis" previously set for a point-of-reverse-curvature, |
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4. with the arc of a curve to the right, having a radius of 25.00 |
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feet, an arc distance of 24.71 feet, and a chord bearing N 34°14'18'' |
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W, a distance of 23.72 feet to a 1/2-inch iron rod with a plastic cap |
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stamped "Loomis" previously set for a point-of-tangency, and |
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5. N 05°55'18'' W, a distance of 217.01 feet to a 1/2-inch iron rod |
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with a plastic cap stamped "Loomis" previously set in the east line |
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of the said 190.110 acre tract, for the south corner of the said |
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1.555 acre tract, for a point-on-line in the west line of the tract |
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described herein; |
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THENCE crossing the remainder of the said 849.267, with the |
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east right-of-way line of said Cromwell Drive, with the east line of |
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the said 1.555 acre tract, with the west line of the tract described |
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herein, the following ten (10) courses and distances: |
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1. N 05°55'18'' W, a distance of 349.36 feet to a 1/2-inch iron rod |
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with a plastic cap stamped "Loomis" previously set for a |
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point-of-curvature, |
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2. with the arc of a curve to the right, having a radius of 25.00 |
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feet, an arc distance of 22.83 feet, and a chord bearing N 20°14'36'' |
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E, a distance of 22.05 feet to a 1/2-inch iron rod with a plastic cap |
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stamped "Loomis" previously set for a point-of-reverse-curvature, |
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3. with the arc of a curve to the left, having a radius of 65.00 |
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feet, an arc distance of 15.70 feet, and a chord bearing N 39°29'16'' |
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E, a distance of 15.66 feet to a 1/2-inch iron rod with a plastic cap |
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stamped "Loomis" previously set for a point-of-reverse-curvature, |
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4. with the arc of a curve to the right, having a radius of 25.00 |
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feet, an arc distance of 24.54 feet, and a chord bearing N 60°41'33'' |
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E, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap |
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stamped "Loomis" previously set for a re-entrant corner, |
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5. N 01°10'55'' W, a distance of 50.00 feet to a 1/2-inch iron rod |
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with a plastic cap stamped "Loomis" previously set for a point of |
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non-tangent curvature, |
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6. with the arc of a curve to the right, having a radius of 25.00 |
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feet, an arc distance of 24.54 feet, and a chord bearing N 63°03'23'' |
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W, a distance of 23.57 feet to a 1/2-inch iron rod with a plastic cap |
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stamped "Loomis" previously set for a point-of-reverse-curvature, |
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7. with the arc of a curve to the left, having a radius of 65.00 |
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feet, an arc distance of 16.38 feet, and a chord bearing N 42°09'04'' |
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W, a distance of 16.34 feet to a 1/2-inch iron rod with a plastic cap |
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stamped "Loomis" previously set for a point-of-reverse-curvature, |
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8. with the arc of a curve to the right, having a radius of 25.00 |
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feet, an arc distance of 21.03 feet, and a chord bearing N 25°16'36'' |
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W, a distance of 20.41 feet to a 1/2-inch iron rod with a plastic cap |
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stamped "Loomis" previously set for a point-of-tangency, |
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9. N 01°10'55'' W, a distance of 363.92 feet to a 1/2-inch iron rod |
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with a plastic cap stamped "Loomis" previously set for a |
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point-of-curvature, and |
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10. with the arc of a curve to the right, having a radius of 30.00 |
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feet, an arc distance of 41.12 feet, and a chord bearing N 43°49'05'' |
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E, a distance of 42.43 feet to the POINT OF BEGINNING and containing |
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15.757 acres of land, more or less. |
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BEARING BASIS: Texas Coordinate System, South Central Zone, |
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NAD83, Grid. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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7988, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7988.107 to read as follows: |
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Sec. 7988.107. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |