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2003M39-PIDOrdinance No. (~,.~--/r~ -~ ~? AN ORDINANCE LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY IN THE SCHERTZ 1-35/3009 PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH TIIE PUBLIC IMPROVEMENT DISTRICT ASSESSMENT ACT, SPECIFYING THE METHOD OF PAYMENT AND THE AMOUNT OF THE ANNUAL INSTALLMENTS TO BE PAID WHEREAS, the City of Schertz, Texas (the "City") has received fi'om the required property owners a petition filed with the City Secretary of the City that complies with the requirements of the Public Improvement District Assessment Act, Chapter 372 of the Texas Local Government Code, as amended (the "Act"), requesting the City to create a public improvement district, which shall be designated the Schertz 1-35/3009 Public Improvement District (the "District"); WHEREAS, the City Council passed and approved Resolution 03-R-11 dated June 3, 2003, making certain findings as to the advisability of the creation of the District, the nature of the proposed improvements to the District, the estimated costs of the improvements, the boundaries of the District (attached hereto as Exhibit A), the method of assessment, and the apportionment of the costs between the City and the District and authorizing the City Manager to appoint members to an Advisory Board for the District; WHEREAS, the City Council further passed and approved Resolution 03-R-12 dated June 3, 2003, authorizing the creation of the District as a public improvement district under the Act in accordance with the findings of Resolution 03-R-11; WHEREAS, on June 8, 2003, Resolution 03-R-12 was duly published in the Seguin Gazette, whereupon the District became effective; WHEREAS, the City Council passed and approved Resolution 03-R-23 dated November 18, 2003, approving and adopting a Service and Assessment Plan as required by Section 372.013 of the Act; and WHEREAS, on December 2, 2003, the City Council held a public hearing to consider the proposed assessments, notice of which was published in the Seguin Gazette on November 21, 2003 and mailed to the owners of property liable for the assessments on November 19, 2003, at which hearing no objections to any proposed assessments were raised; and WHEREAS, it is now necessary for the City Council to levy the assessments as special assessments against the properties located within the District; NOW, THEREFORE, BE IT O ~RDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS' SECTION 1. The City Council hereby levies the assessments set forth in Exhibit B attached hereto and incorporated herein by reference for all purposes, as special assessments in the amounts set forth therein against the properties identified therein and located in the District. PID Ordn. doc SECTION 2. The assessments shall be payable in the installments shown on and in the amounts set forth in Exhibit B. Notice of the amount of the installments due each year shall be sent to each property owner in the District in the year immediately preceding the year payment is due. SECTION 3. The amount of the assessment on property in the District is subject to annual review and approval of the Service and Assessment Plan by the Advisory Board and the City Council. SECTION 4. The assessment year shall be concurrent with the City's ad valorem tax year of October 1 through September 30. SECTION 5. In the event any installment shall not be paid within ten (10) days of when payment is due such installment shall become delinquent. Interest and penalties shall be added to each delinquent installment beginning on the tenth (10t~) day af[er payment is due. The rate of interest to be charged on delinquent installments shall be one-half of one percent per annum above the net effective interest rate paid on any public indebtedness used to finance the improvement in the District. Interest on the assessment between the effective date of this Ordinance and the date the first installment is payable is added to the first installment. The interest of any delinquent installment is to be added to each subsequent installment until all delinquent installments are paid. SECTION 6. The owner or owners of assessed property may pay at any time the entire assessment for any lot or parcel, with interest, if any, that has accrued on the assessment. SECTION 7. This Ordinance may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas, and establishes compliance by the City with the requirements of Texas law and the Act. SECTION 8. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 9. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 10. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 11. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. PID Ordn. doc 2 SECTION 12. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 13. This Ordinance shall be in full force and effect from and after its final passage, and it is so ordained. [The remainder of this page intentionally left blank.] P ID Ordn.doc 3 PASSED AND APPROVED on first reading the ~/acl day of December, 2003 PASSED AND FINALLY APPROVED on second and final ading the/6~day of December, 2003. . ~ Mayor ATTEST: PID Ordn.doc $-1 EXHIBIT A P.I.D. TRACT No. 1 Field notes describing a 4.30 acre tract of land being derived from: Lot 3, Block 1, Taco Cabana- FM 3009 at IH 35, recorded in Volume 5, Page 391-B, Plat Records, Guadalupe County, Texas; Lot 1, Block 1, Miller Bros. Partnership No. 3, recorded in Volume 5, Page 21 l-A, Plat Records, Guadalupe County, Texas; Lot 4, Block l, Schlotzsky's Deli / FM 3009 at IH 35, recorded in Volume 6, Page 60, Plat Records, Guadalupe County, Texas; and Lot 5, Block l, Sonic at Corridor Loop Road, recorded in Volume 6, Page 217, Plat Records, Guadalupe County, Texas; BEGINNING at a point in the northeast right-of-way line of F.M. 3009 at the P.T. return for Corridor Loop Road at a comer of this tract and said Lot 3, Block l; THENCE N 29° 36' 00" W, 202.88 feet along the northeast right-of-way line of FM 3009 to a flare comer of this tract and said Lot 1, Block 1; THENCE N 01 o 34' 40" W, 186.47 feet along the flare to a point in the south fight-of-way line of Interstate Highway 35 for a comer of this tract and said Lot 1, Block 1; THENCE N 43° 03' 28" E, 115.00 feet along the south fight-of-way line of Interstate Highway 35 to an angle point of this tract and said Lot 1, Block 1; THENCE N 42° 58' 04" E, 213.03 feet continuing along the south right-of-way line of Interstate Highway 35 to a comer of this tract and said Lot 4, Block 1, at the P.C. return of a curve to the right in the west right-of-way line of Corridor Loop Road; THENCE along the west right-of-way line of Corridor Loop Road and with said curve to the right having a radius of 50.00 feet, a delta angle of 86° 52' 19", an arc length of 75.81 feet (chord bears N 86o23'30'' E, 68.75 feet) to a point of compound curvature and comer of this tract; THENCE continuing along the west right-of-way line of Corridor Loop Road and with said compound curve having a radius of 291.00 feet, a delta angle of 09° 01' 25", an arc length of 45.83 feet (chord bears S 45°39'38" E, 45.78 feet) to a point of compound curvature and comer of this tract; THENCE continuing along the west right-of-way line of Corridor Loop Road and with said compound curve having a radius of 370.00 feet, a delta angle of 104° 10' 00", an arc length of 672.68 feet (chord bears S 10°56'04" W, 583.79 feet) to a point of tangency and comer of this tract; THENCE S 63° 01' 06" W, 47.92 feet continuing along the west right-of-way line of Corridor Loop Road to a point at the P.C. return and curve to the right; THENCE with said curve to the fight having a radius of 50.00 feet, a delta angle of 87° 35' 41", an arc length of 76.54 feet (chord bears N 73o17'42'' W, 69.21 feet) to the POINT OF BEGINNING and containing 4.30 acres of land. PID Ordn.doc A- 1 P.I.D. TRACT No. 2 Field notes describing a 47.35 acre tract of land being derived fi'om: a 35 acre tract out of a 160 acre tract of land conveyed to Evelyn Kramme Ripps, recorded in Volume 292, Page 169, Deed Records, Guadalupe County, Texas; Lot 2, Block 1, Randolph-Brooks / FM 3009, recorded in Volume 5, Page 344A, Plat Records, Guadalupe County, Texas; and the remainder of a 16.50 acre tract, recorded in Volume 1181, Page 337-338, Deed Records, Guadalupe County, Texas; BEGINNING at a point in the southeast right-of-way line of Interstate Highway 35 at the north comer of the said remainder of a 16.50 acre tract; THENCE S 30° 31' 32" E, 987.26 feet to a point for a comer of this tract in the north line of the 35 acre tract; THENCE N 60° 04' 02" E, 548.28 feet along the north line of the 160 acre tract to a point for a comer of this tract; THENCE N 80° 46' 20" E, 536.94 feet into the 160 acre tract to a point for a comer of this tract; THENCE S 10° 29' 45" W, 1113.67 feet to a point for a comer of this tract; THENCE S 52° 57' 13" W, 592.47 feet to a point in the east right-of-way of FM 3009 for a comer of this tract; THENCE N 29° 36' 00" W, 1613.45 feet along the east right-of-way line of FM 3009 to a point for a comer of this tract at the PC return of a curve to the right for said Lot 2, Block 1 and Corridor Loop Road; THENCE along the east right-of-way of Comdor Loop Road and with said curve to the right having a radius of 50.00 feet, a delta angle of 89° 58' 18", an arc length of 78.52 feet (chord bears N 15°22'41" E, 70.69 feet) to a point for a comer of this tract; THENCE N 60° 23' 33" E, 62.53 feet along the east right-of-way of Corridor Loop Road to a point at the PC of a curve to the lei~ and a comer of this tract; THENCE continuing along the east right-of-way of Corridor Loop Road and with said curve to the left having a radius of 430.00 feet, a delta angle of 105° 21' 57", an arc length of 790.76 feet (chord bears N 07042'37'' E, 683.95 feet) to a point of reverse curvature of a curve to the right and a comer of this tract; THENCE continuing along the east right-of-way of Corridor Loop Road and with said curve to the right having a radius of 391.00 feet, a delta angle of 00° 47' 29", an arc length of 5.40 feet (chord bears N 44034'36'' W, 5.40 feet) to a point for a comer of this tract; THENCE N 44° 10' 52" W, 17.72 feet continuing along the east right-of-way of Corridor Loop Road to a point at the PC of a curve to the right; PID Ordn.doc A-2 THENCE with said curve to the fight having a radius of 50.00 feet, a delta angle of 87° 08' 02", an arc length of 76.04 feet (chord bears N 00o29'03'' W, 68.92 feet) to a point in the south right- of-way line of Interstate Highway 35 for a comer of this tract; THENCE N 42° 58' 00" E, 308.31 feet along the south fight-of-way line of the Interstate Highway 35 to a point for a comer of this tract; THENCE N 39° 08' 57" E, 88.58 feet along the south fight-of-way line of the Interstate Highway 35 to the POINT OF BEGINNING and containing 47.35 acres of land. P.I.D. TRACT No. 3 Field notes describing a 30.14 acres tract of land being derived from: Lot 1, Block 1, Diamond Shamrock-35, recorded in Volume 5, Page 120A, Plat Records, Guadalupe County, Texas; Lot 4, Block l, Seguin State Bank, Subdivision No.2, recorded in Volume 5, Page 249B, Plat Records, Guadalupe County, Texas; Lot 5, Block l, HEB 35 / FM 3009, recorded in Volume 5, Page 343, Plat Records, Guadalupe County, Texas; Lot 2, Block l, McDonalds-35, recorded in Volume 5, Page 120A, Plat Records, Guadalupe County, Texas; Lot 6, Block l, Forest Ridge Commercial, an unrecorded subdivision; and Lot 4, Block l, SSFCU IH-35/FM 3009, recorded in Volume 6, Page 382, Plat Records, Guadalupe County, Texas; BEGINNING at a point in the south right-of-way line of Interstate Highway 35 at the west comer of SSFCU IH-35/FM 3009 subdivision for a comer of this tract; THENCE N 63° 34' 20" E, 709.13 feet along said fight-of-way to a point for angle point of this tract; THENCE N 57° 48' 53" E, 723.35 feet continuing along said right-of-way to a point for a comer of this tract at the flare comer of FM 3009 and said Diamond Shamrock-35 Subdivision; THENCE S 73° 12' 15" W, 170.15 feet along said flare to a point for a comer of this tract in the southwest right-of-way line of FM 3009; THENCE S 29° 36' 00" E, 1355.90 feet along the southwest right-of-way line of FM 3009 to a point for a comer of this tract being a comer of said Forest Ridge Commercial Subdivision; THENCE S 60° 23' 56" W, 69.99 feet to a point for a comer of this tract at the PC of a curve to the left; THENCE with said curve to the left having a radius of 184.00 feet, a delta angle of 10° 10' 46", an arc length of 32.69 feet (chord bears S 55°18'33" W, 32.65 feet) to a point for a comer of this tract; THENCE S 50° 13' 11" W, 96.78 feet to a point for a comer of this tract; THENCE S 60° 23' 56" W, 202.22 feet to a point for a comer of this tract; PID Ordn. do~ A-3 THENCE N 29° 36' 04" W, 698.89 feet to a point for a comer of this tract being also in the south property line of said HEB 35 / FM 3009 Subdivision; THENCE S 60° 23' 58" W, 443.41 feet to a point for a comer of this tract; THENCE N 29° 36' 03" W, 68.11 feet to a point for a comer of this tract; THENCE N 60° 23' 57" W, 456.59 feet to a point for a comer of this tract; THENCE N 29° 36' 03" W, 510.00 feet to a point for a comer of this tract being the east comer of said SSFU IH-35/FM 3009 Subdivision; THENCE S 60° 23' 58" W, 248.00 feet to a point for a comer of this tract at the south comer of said SSFU IH-35/FM 3009 Subdivision; THENCE N 29° 36' 02" W, 228.75 feet to the POINT OF BEGINNING and containing 30.14 acres of land. PID Ordn. doc A-4 THE STATE OF TEXAS, County of Guadalupe PUBLISHER'S AFFIDAVIT, · Before me, the undersigned authority, an this date personally appeared Jamie Mo, bT..e¥.. ,',-- , known"to me, who, being by me duly sworn, on his oath deposes and says that he is the Managing EEditcr of The Seguin Gazebo- Enterprise, a newspaper published in said county; that a c~py of the within and faregaing naUce was published in said newspaper / Ume(s) before ,~e re~m day named therein, such publications being on the following dates' lNG and a newspaper ccp¥ of which is hereta attached. ~nd subsc?ed before me this. -~/-'C~'7~ ~-'~ , A.D., 2003. CAROL ANN AVERY Notary Pu~c State o! Texas My Comrnissloe Expires 08-31-2004 t day of Notary Public, Guadalupe County, Texas THE' STATE OF TEXAS, PUBLISHER'S AFFIDAVIT County of Guadalupe Before me, the undersigned authority, on this date personally appeared JamJ e Mobley ~ , known to me, who, being by me duly sworn, on his oath deposes and says that he is the Managing Editor of The Seguin Gazette- Enterprise, a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper ~ time(s) before the return day named therein, such publications being on the following dates: ~. · DI.9- .. UC '-"::.. and a nowspapor copy of which is horoto attacho~-,x Sworn to and subscribed bofom me this ~2 ~ day of ~ , A.D.,200~ Notary Public, Guadalupe County, Texas THE STATE OF TEXAS COUNTY OF GUADALUPE I, /7']x/,e~/'. y~£A ,a notary public, do hereby certify that Mayor Hal Baldwin, Mayor of the City of Schertz, personally appeared before me this day and acknowledged the due execution of the foregoing insmanent. Witness my hand and official seal this the ~ day offfft~.~~t.t~, 2003. (SEAL) ~/~f MARY L YBARRA ~ ~~?.~~MY Commission Expi.s 05.01.2006 ~ My commission expires: PID Ordn. doc N-1 THE STATE OF TEXAS COUNTY OF GUADALUPE I,~ ~ , a notary public, do hereby certify that Mary Ybarra, Deputy City\Secretary of the City of Schertz, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Wimess my hand and official'seal this the I'1dx'- day of./~, ~,l. t~,., 2003. !~ '*'~'~'" ,_,_ __. ~__ ~_-_~ :~ _~. Not~ ~ublic i~~d for ~e State o~Tex~ My commission expires: PID Ordn. doc N-2 V 191414 N0186 Ordinance No. ~~ -/97 -~' ~? AN ORDINANCE LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY IN THE SCHERTZ 1-35/3009 PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH THE PUBLIC IMPROVEMENT DISTRICT ASSESSMENT ACT, SPECIFYING THE METHOD OF PAYMENT AND THE AMOUNT OF THE ANNUAL INSTALLMENTS TO BE PAID WHEREAS, the City of Schertz, Texas (the "City") has received from the required property owners a petition filed with the City Secretary of the City that complies with the requirements of the Public Improvement District Assessment Act, Chapter 372 of the Texas Local Government Code, as mended (the "Act"), requesting the City to create a public improvement district, which shall be designated the Schertz 1-35/3009 Public Improvement District (the "District"); WHEREAS, the City Council passed and approved Resolution 03-R-11 dated June 3, 2003, making certain findings as to the advisability of the creation of the District, the nature of the proposed improvements to the District, the estimated costs of the improvements, the boundaries of the District (attached hereto as Exhibit A), the method of assessment, and the apportionment of the costs between the City and the District and authorizing the City Manager to appoint members to an Advisory Board for the District; WHEREAS, the City Council further passed and approved Resolution 03-R-12 dated June 3, 2003, authorizing the creation of the District as a public improvement district under the Act in accordance with the findings of Resolution 03-R-11; WHEREAS, on June 8, 2003, Resolution 03-R-12 was duly published in the Seguin Gazette, whereupon the District became effective; WHEREAS, the City Council passed and approved Resolution 03-R-23 dated November 18, 2003, approving and adopting a Service and Assessment Plan as required by Section 372.013 of the Act; and WHEREAS, on December 2, 2003, the City Council held a public heating to consider the proposed assessments, notice of which was published in the Seguin Gazette on November 21, 2003 and mailed to the owners of property liable for the assessments on November 19, 2003, at which hearing no objections to any proposed assessments were raised; and WHEREAS, it is now necessary for the City Council to levy the assessments as special assessments against the properties located within the District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. The City Council hereby levies the assessments set forth in Exhibit B attached hereto and incorporated herein by reference for all purposes,, as special assessments in the amounts set forth therein against the properties identified therein and located in the District. PID Ordn.doc SECTION 2. The assessments shall be payable in the installments shown on and in the amounts set forth in Exhibit B. Notice of the amount of the installments due each 'year shall be sent to each property owner in the District in the year immediately preceding the year payment is due. SECTION 3. The amount of the assessment on property in the District is subject to annual review and approval of the Service and Assessment Plan by the Advisory Board and the City Council. SECTION 4. The assessment year shall be concurrent with the City's ad valorem tax year of October 1 through September 30. SECTION 5. In the event any installment shall not be paid within ten (10) days of when payment is due such installment shall become delinquent. Interest and penalties shall be added to each delinquent installment beginning on the tenth (10th) day after payment is due. The rate of interest to be charged on delinquent installments shall be one-half of one percent per annum above the net effective interest rate paid on any public indebtedness used to finance the improvement in the District. Interest on the assessment between the effective date of this Ordinance and the date the first installment is payable is added to the first installment. The interest of any delinquent installment is to be added to each subsequent installment until all delinquent installments are paid. SECTION 6. The owner or owners of assessed property may pay at any time the entire assessment for any lot or parcel, with interest, if any, that has accrued on the assessment. SECTION 7. This Ordinance may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas, and establishes compliance by the City with the requirements of Texas law and the Act. SECTION 8. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 9. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 10. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 1 l. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. PID Ordn. doc 2 · ~ SECTION 12. It is officially found, determined, and declared that the meeting at which this. Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of'the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as mended, Texas Government Code. SECTION 13. This Ordinance shall be in full force and effect from and after its final passage, and it is so ordained. [The remainder of this page intentionally left blank.] P ID Ordn.doc 3 ;1[I 9l, I, illO189 PASSED AND APPROVED on first reading the ~ day of December, 2003 : · . · .. PASSED AND FINALLY APPROVED on second and final reading the /6fi~day of December, 2003. Mayor ATTEST' Depu6 Cit~ S~et~ PID Ordn.do~ S- 1 91,1, I lOI 90 THE STATE OF TEXAS COUNTY OF GUADALUPE I, /j'],gZ~)/Z. ¢~.,££~q , a notary public, do hereby certify that Mayor Hal Baldwin, Mayor of the City of Schertz, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Wimess my hand and official seal this the /~ ~ day offS, 2003. (SEAL) e~ n~/r4~:~~x~ Notary Pu/olic in ~d for ~e State of Tex~ ~0~-t0-~0 sa~!~ u0!s~~0 ~ ~ ~ My co~ission expires: ~~ -El-~OQG ~ v~vsx q X~V~ PID O, an.,to~ N-1 THE STATE OF TEXAS COUNTY OF GUADALUPE I, ~ ~'~ _fi./v~l,; · , a notary public, do hereby certify that Mary Ybarra, Deputy City ~ecretary of the City-of Schertz, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Wimess my hand and official seal this the ! '/' ~day of~, 2003. (SE ,'- ,--,~,, ' .................... NAOMI J. MANSI<I :i.' ~"'~R~".' = MY COMMISSION EXPIRES :': ','.':X'.~S'6!;~': June 15,2006 Notary Public inq~-ad f-or the State of Texas My commission expires: PID Ordn.doc N-2 P.I.D. TRACT No. 1 EXHIBIT A Field notes describing a 4.30 acre tract of land being derived from: Lot 3, Block 1, Taco Cabana- FM 3009 at IH 35, recorded in Volume 5, Page 391-B, Plat Records, Guadalupe County, Texas; Lot l, Block l, Miller Bros. Partnership No. 3, recorded in Volume 5, Page 21 l-A, Plat Records, Guadalupe County, Texas; Lot 4, Block 1, Schlotzsky's Deli / FM 3009 at IH 35, recorded in Volume 6, Page 60, Plat Records, Guadalupe County, Texas; and Lot 5, Block l, Sonic at Corridor Loop Road, recorded in Volume 6, Page 217, Plat Records, Guadalupe County, Texas; BEGINN~G at a point in the northeast right-of-way line of F.M. 3009 at the P.T. return for Corridor Loop Road at a comer of this tract and said Lot 3, Block 1; THENCE N 29° 36' 00" W, 202.88 feet along the northeast right-of-way line of FM 3009 to a flare comer of this tract and said Lot 1, Block 1; THENCE N 01 o 34' 40" W, 186.47 feet along the flare to a point in the south right-of-way line of Interstate Highway 35 for a comer of this tract and said Lot 1, Block 1; THENCE N 43° 03' 28" E, 115.00 feet along the south right-of-way line of Interstate Highway 35 to an angle point of this tract and said Lot 1, Block 1; THENCE N 42° 58' 04" E, 213.03 feet continuing along the south right-of-way line of Interstate Highway 35 to a comer of this tract and said Lot 4, Block 1, at the P.C. return of a curve to the right in the west right-of-way line of Corridor Loop Road; THENCE along the west right-of-way line of Corridor Loop Road and with said curve to the right having a radius of 50.00 feet, a delta angle of 86° 52' 19", an arc length of 75.81 feet (chord bears N 86023'30'' E, 68.75 feet) to a point of compound curvature and comer of this tract; THENCE continuing along the west right-of-way line of Corridor Loop Road and with said compound curve having a radius of 291.00 feet, a delta angle of 09° 01' 25", an arc length of 45.83 feet (chord bears S 45039'38'' E, 45.78 feet) to a point of compound curvature and comer of this tract; THENCE continuing along the west right-of-way line of Corridor Loop Road and with said compound curve having a radius of 370.00 feet, a delta angle of 104° 10' 00", an arc length of 672.68 feet (chord bears S 10056'04" W, 583.79 feet) to a point of tangency and comer of this tract; THENCE S 63° 01' 06" W, 47.92 feet continuing along the west right-of-way line of Corridor Loop Road to a point at the P.C. return and curve to the right; THENCE with said curve to the right having a radius of 50.00 feet, a delta angle of 87° 35' 41 ", an arc length of 76.54 feet (chord bears N 73017'42'' W, 69.21 feet) to the POINT OF BEGINNING and containing 4.30 acres of land. ~'m Oran. ao~ A-1 P.I.D. TRACT No. 2 Field notes describing a 47.35 acre tract of land being derived frOm: a 35 acre tract out of a 160 acre tract of land conveyed to Evelyn Kramme Ripps, recorded in Volume 292, Page 169, Deed Records, Ouadalup¢ County, Texas; Lot 2, Block 1, Randolph. Brooks / FM 3009, recorded in Volume 5, Page 344A, Plat Records, Guadalup¢ County, Texas; and the remainder of a 16.50 acre tract, recorded in Volume 1181, Page 337-338, Deed Records, Guadalupe County, Texas; BEGINNING at a point in the southeast right-of-way line of Interstate Highway 35 at the north comer of the said remainder of a 16.50 acre tract; THENCE S 30° 31' 32" E, 987.26 feet to a point for a comer of this tract in the north line of the 35 acre tract; THENCE N 60° 04' 02" E, 548.28 feet along the north line of the 160 acre tract to a point for a comer of this tract; THENCE N 80° 46' 20" E, 536.94 feet into the 160 acre tract to a point for a comer of this tract; THENCE S 10° 29' 45" W, 1113.67 feet to a point for a comer of this tract; THENCE S 52° 57' 13" W, 592.47 feet to a point in the east right-of-way of FM 3009 for a comer of this tract; THENCE N 29° 36' 00" W, 1613.45 feet along the east right-of-way line of FM 3009 to a point for a comer of this tract at the PC return of a curve to the right for said Lot 2, Block 1 and Corridor Loop Road; THENCE along the east fight-of-way of Corridor Loop Road and with said curve to the right having a radius of 50.00 feet, a delta angle of 89° 58' 18", an arc length of 78.52 feet (chord bears N 15°22'41" E, 70.69 feet) to a point for a comer of this tract; THENCE N 60° 23' 33" E, 62.53 feet along the east right-of-way of Corridor Loop Road to a point at the PC of a curve to the left and a comer of this tract; THENCE continuing along the east right-of-way of Corridor Loop Road and with said curve to the left having a radius of 430.00 feet, a delta angle of 105° 21' 57", an arc length of 790.76 feet (chord bears N 07042'37'' E, 683.95 feet) to a point of reverse curvature of a curve to the right and a comer of this tract; THENCE continuing along the east right-of-way of Corridor Loop Road and with said curve to the right having a radius of 391.00 feet, a delta angle of 00° 47' 29", an arc length of 5.40 feet (chord bears N 44o34'36'' W, 5.40 feet) to a point for a comer of this tract; THENCE N 44° 10' 52" W, 17.72 feet continuing along the east right-of-way of Corridor Loop Road to a point at the PC of a curve to the right; PID Ordn.d~ A-2 THENCE with said curve to the fight having a radius of 50.00 feet, a delta angle of 87° 08' 02", an arc length of 76.04 feet (chord bears N 00o29'03'' W, 68.92 feet) to a point in the south fight- of-way line of Interstate Highway 35 for a comer of this tract; THENCE N 42° 58' 00" E, 308.31 feet along the south right-of-way line of the Interstate Highway 35 to a point for a comer of this tract; THENCE N 39° 08' 57" E, 88.58 feet along the south fight-of-way line of the Interstate Highway 35 to the PO1NT OF BEGINNING and containing 47.35 acres of land. P.I.D. TRACT No. 3 Field notes describing a 30.14 acres tract of land being derived from: Lot 1, Block 1, Diamond Shamrock-35, recorded in Volume 5, Page 120A, Plat Records, Guadalup¢ County, Texas; Lot 4, Block 1, Seguin State Bank, Subdivision No.2, recorded in Volume 5, Page 249B, Plat Records, Guadalupe County, Texas; Lot 5, Block 1, HEB 35 / FM 3009, recorded in Volume 5, Page 343, Plat Records, Guadalupe County, Texas; Lot 2, Block 1, McDonalds-35, record~ in Volume 5, Page 120A, Plat Records, Guadalupe County, Texas; Lot 6, Block 1, Forest Ridge Commercial, an unrecorded subdivision; and Lot 4, Block 1, SSFCU IH-35/FM 3009, recorded in Volume 6, Page 382, Plat Records, Guadalupe County, Texas; BEGINNING at a point in the south fight-of-way line of Interstate Highway 35 at the west comer of SSFCU IH-35/FM 3009 subdivision for a comer of this tract; THENCE N 63° 34' 20" E, 709.13 feet along said right-of-way to a point for angle point of this tract; THENCE N 57° 48' 53" E, 723.35 feet continuing along said fight-of-way to a point for a comer of this tract at the flare comer of FM 3009 and said Diamond Shamrock-35 Subdivision; THENCE S 73° 12' 15" W, 170.15 feet along said flare to a point for a comer of this tract in the southwest right-of-way line of FM 3009; THENCE S 29° 36' 00" E, 1355.90 feet along the southwest right-of-way line of FM 3009 to a point for a comer of this tract being a comer of said Forest Ridge Commercial Subdivision; THENCE S 60° 23' 56" W, 69.99 feet to a point for a comer of this tract at the PC of a curve to the left; THENCE with said curve to the left having a radius of 184.00 feet, a delta angle of 10° 10' 46", an arc length of 32.69 feet (chord bears S 55°18'33" W, 32.65 feet) to a point for a comer of this tract; THENCE S 50° 13' 11" W, 96.78 feet to a point for a comer of this tract; THENCE S 60° 23' 56" W, 202.22 feet to a point for a comer of this tract; PID Ordu.doc A-3 THENCE N 29° 36' 04" W, 698.89 feet to a point for a comer of this tract being also in the south property line of said HEB 35 / FM 3009 Subdivision; ~ THENCE S 60° 23' 58" W, 443.41 feet to a point for a comer of this tract; THENCE N 29° 36' 03" W, 68.11 feet to a point for a comer of this tract; THENCE N 60° 23' 57" W, 456.59 feet to a point for a comer of this tract; THENCE N 29° 36' 03" W, 510.00 feet to a point for a comer of this tract being the east comer of said SSFU IH-35/FM 3009 Subdivision; THENCE S 60° 23' 58" W, 248.00 feet to a point for a comer of this tract at the south comer of said SSFU IH-35/FM 3009 Subdivision; THENCE N 29° 36' 02" W, 228.75 feet to the POINT OF BEGINNING and containing 30.14 acres of land. PID Ordn. do~ A-4