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HomeMy WebLinkAbout1998-02-03 - Regular City CouncilMINUTES OF GENERAL BUSINESS MEETING City of Stephenville - City Council TUESDAY, FEBRUARY 3, 1998 - 7:00 P.M. The City Council of the City of Stephenville, Texas, convened on February 3, 1998, at 7:00 p.m., in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a General Business Meeting, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: Mayor Councilmembers Others Attending I. CALL TO ORDER. Well '•1fS11 Jerry B. Madkins Barbara Terrell K. H. Conatser Billy Bob Hodges Bea Marin Bill Corbin Marshall Shelton Joel Hillin Don Davis, City Administrator Cindy L. Stafford, City Secretary Randy Thomas, City Attorney Mayor Pollan called the meeting to order at 7:00 p.m. and declared a quorum present. H. CITIZENS' GENERAL DISCUSSION No one addressed the City Council. III. CONSIDER REZONING 0.117 ACRE, J. B. DUPUY SURVEY, LOCATED AT 1115 ALEXANDER ROAD FROM R -1 "SINGLE- FAMILY DWELLING DISTRICT" TO B -1 "NEIGHBORHOOD BUSINESS DISTRICT" Mayor Pollan announced that this item was tabled from the January 20, 1998 Special Council Meeting. Since that meeting, the subject property has been sold to J. J. McAfee, and Pollan read a letter from the new owner which states as follows: General Business Meeting -- February 3, 1998 "I, J. J. McAfee, purchased the property at 1115 Alexander Road on the 9th of January, 1998. It is my desire that the property remain zoned for residential purposes. Thank you. Sincerely, J. J. McAfee ". Council member Corbin moved to deny rezoning the above - described property. Council member Hodges seconded the motion, which passed by unanimous vote. IV. PLANNING AND ZONING COMMISSION Mayor Pollan opened a public hearing to consider permanent zoning for property annexed in June, 1997, located in the Jarrett Menefee Survey, Abstract 520; Henry Pearson Survey, Abstract 613; William Motley Survey, Abstract 515; H. C. Hudson Survey, Abstract 342; J. B. Dupuy Survey, Abstract 196; Erath County, Texas. Pollan introduced Betty Chew, Director of Community Development, to explain the recommendations from the Planning and Zoning Commission (P &Z). Chew reminded the council that, according to Section IV of the City of Stephenville Zoning Ordinance, all land annexed into the city is classified as R -1 "Single- Family Dwelling District" until permanently zoned by the governing body of the city. Using an overhead of the map which is attached to these minutes, Chew pointed out the permanent zoning areas as follows: Quadrant No. 1: The northern -most area, adjacent to Golf Country Estates Subdivision and River North Subdivision with the outer boundary of this area along the Bosque River. It is recommended that these properties retain the R -1 "Single - Family Dwelling District" zoning classification. Quadrant No. 2: This area is west of the Northwest Loop (FM 988) and north of West Washington Street (U. S. Hwy. 377/67). The area west of the Northwest Loop is presently zoned B -2 "Secondary and Highway Business District" for a depth of 500 feet. The P &Z is recommending an additional 500 feet be permanently zoned B -2 "Secondary and Highway Business District ". This will give a 1000 foot deep are of B -2 zoning running parallel with the Northwest Loop. The P &Z is also recommending the properties fronting along West Washington Street for 1000 feet be permanently zoned B -2 "Secondary and Highway Business District" and for the B -2 zoning of this area to extend 1000 feet to the north. The remainder of the land along the north side of West Washington Street, to the western city limits, at a depth of 500 feet will also be permanently zoned B -2 "Secondary and Highway Business District". The majority of the remaining property in this quadrant is proposed to be zoned AG "Agricultural District ". There is an area south of the proposed extension of Frey Street, which is proposed to be zoned R -3 "Multiple - Family Residential District ". The land north of the proposed Frey Street extension is proposed to be zoned B -1 "Neighborhood Business District ". General Business Meeting -- February 3, 1999 Quadrant No. 3: This area is located south of West Washington Street going to the south boundary of the Quail Run Subdivision. All of this area, except for a tract of land located in the southwest comer of this quadrant, is recommended to be permanently zoned B -2 "Secondary and Highway Business District ". The tract of land located in the southwest corner of this quadrant is proposed to be permanently zoned AG "Agricultural District ". Ouadrant No. 4: This area is south of the railroad running from Bosque Road east to South Lillian. The P &Z is recommending the majority of this area be zoned AG "Agricultural District ". Most of this property is undeveloped at this time. There are some agricultural uses on these properties. The remaining property in this quadrant, located adjacent to South Lillian Street and the Old Dublin Road, is proposed to be permanently zoned R -1 "single Family Dwelling District ". Quadrant No. 5: This area is located between Alexander Road (FM 914) and Highway 108, south of the South Loop. The area south of Beach Drive and adjacent to Alexander Road is proposed to be permanently zoned R -1 "Single - Family Dwelling District ". Most of these properties are developed with single - family dwellings. The remainder of the property in this area going east to Highway 108 is proposed to be zoned AG "Agricultural District ". Quadrant No. 6: This area is located on the southeast side of Stephenville adjacent to Clark Field Municipal Airport. These properties are part of the main runway and cross runway at the airport. The P &Z is recommending this area be zoned I "Industrial District ", the same zoning classification as other airport property. Sneaking in Favor of the Zonine: No one Speaking Against the Zonine: No one Mayor Pollan closed the public hearing. Council member Corbin moved to adopt ordinance No. 1998 -1 establishing zoning for property annexed in June, 1997, located in the Jarrett Menefee Survey, Abstract 520; Henry Pearson Survey, Abstract 613; William Motley Survey, Abstract 515; H. C. Hudson Survey, Abstract 342; J. B. Dupuy Survey, Abstract 196; Erath County, Texas. Council member Terrell seconded the motion, which passed by unanimous vote. General Business Meeting -- February 3, 1998 Mayor Pollan opened a public hearing to consider rezoning from R -1 "Single - Family Dwelling District" to B -2 "Secondary and Highway Business District ", N 108.67 feet x 390.91 feet of Lot 30, Lot 31, Block 35, South Side Addition, located in the 800 block of South Second Avenue. Betty Chew explained that this request for rezoning had been submitted by Pam Clayton, Trustee for Lem Brock Trust, and by Korey Freels. On February 3, 1998, Clayton and Freels withdrew their request to rezone Lot 31, Block 35, South Side Addition. Sneaking in Favor of the Rezoning: No one Sneaking Against the Rezoning: No one Council member Corbin moved to adopt ordinance No. 1998 -2 rezoning the north 108.67 feet x 390.91 feet of Lot 30, Block 35, South Side Addition, located in the 800 block of South Second Avenue, from R -1 "Single- Family Dwelling District" to B -2 "Secondary and Highway Business District ". Council member Conatser seconded the motion which passed by unanimous vote. V. WATER PLANNING COMIVHTTEE REPORT Mayor Pollan reported on this committee meeting which was held on January 26, 1998. He stated that HDR Engineering, Inc. had prepared three population projection scenarios (low, medium, high), covering years 2000 through 2050. The low projection numbers were based upon the Texas Water Development Board calculations. HDR recommended the medium population and water demand projection be selected for Stephenville. This medium projection indicates a population of 16,060 people in the year 2000 with a water demand of 3,238 acre feet compared to a population projection of 26,145 in the year 2050 with a water demand of 4,539 acre feet. Joe Pope, Erath County Extension Agent, had reported to the committee about some of the studies that have been done pertaining to water use by the dairy industry and agricultural irrigation use in Erath County. He commended the Water Planning Committee for its efforts to plan for and study the water needs in the future. Council member Madkins moved to adopt the agreement with the Heart of Texas Strategic Water Alliance Partnership. Council member Hillin seconded the motion, which passed by unanimous vote. Council member Hodges wanted to clarify that by participating in this partnership, the City of Stephenville is not expending any funds. General Business Meeting -- February 3, 1998 VI. PLANNING AND DEVELOPMENT COMMITTEE REPORT Council member Hodges reported that the Planning and Development Committee had met to interview firms for the architectural /engineering services for the Municipal Service Center. The committee interviewed the firm of Schrickel, Rollins & Associates, Inc. and Quorum Architects, Inc. and is recommending that Qurom be employed for these services. The lump sum fee for all work described in the proposal is $14,800.00. Additional work requested by the city will be at an hourly rate. Completion of the master planning is scheduled for June, 1998. Council member Hodges moved to employ Quorum Architects, Inc. for a lump sum fee of $14,800.00, to perform the architectural and engineering services for the Municipal Service Center project. Council member Hillin seconded the motion, which passed by unanimous vote. Hodges then reported on a second meeting of this committee which considered amending the street section of the city's Subdivision Ordinance by adding two new policies. The first deals with the city participating in the cost of constructing a street wider than is necessary for the subdivision. He explained that there are some instances in which the city's Comprehensive Master Thoroughfare Plan might require a street larger than what is necessary to serve the individual subdivision (either a major collector or minor arterial). In those instances, it would be unfair to ask the developer to pay for this extra width. Therefore, this policy change would allow the city to participate in the cost of that improvement. Hodges stated that the city is presently doing this with utility extensions of both water and sewer. Hodges explained the other policy which would allow the city to assess adjacent property owners for improvements to existing unimproved rights of way. For example, in a situation where there is a dedicated right of way (street or alley) but substandard improvements, the city could assess the adjacent property owners for up to 100% of the cost of constructing curbs, gutters, and sidewalks, and 90% of the cost of the street improvement. Hodges also explained the impact of the assessment program - -both a voluntary assessment and /or forced assessment. With voluntary assessment program, neighbors could petition for the city to reconstruct a street or alley and volunteer to participate in the cost of the curb, gutter, street, etc. City Administrator Davis emphasized that this policy would effect a change in an existing ordinance that would provide the Council the ability to do some of this sort of work. Property owners need to be aware that before any project is begun, all of the property owners would be notified and a public hearing held before work even started. Considerations would be made by the council and, if at that time, the council elected to go forward, then assessments could be placed against the property under this policy. General Business Meeting -- February 3, 1998 Davis explained that by adopting this policy, it gives the council the legal framework to respond to citizens who might want to have their street improved. Steve Keck 1620 E. Washington, Stephenville, Texas, spoke to the Council about this subject. He has lived at that address for 23 years. Keck stated that in the early years, his house was on a private water well and septic tank. He said that when his well caved in, he was unsuccessful in getting the city to run the water line to his property. Therefore, he bore the cost of extending the water line. Later, he had to pay $8.00 a frontage foot plus a tap charge to hook onto the city' sewer. He stated that "all this time, I've paid city taxes and have not received city services that I've needed ". He said that he is glad the city is moving forward by annexing 1,100 acres in 1997, but said the city should not neglect existing residential areas. Keck said that in 23 years, Byron Street has been seal- coated only once, and no repair has been made to the curbs. Eddie Arndt 119 Byron Street, Stephenville, said that his opinion of the situation is the same as that of Steve Keck. Arndt has lived on Byron Street since 1980, and he has paid for city water and sewer. He said he doesn't think the residents are responsible for taking care of the street. James McPherson, 109 Byron Street, Stephenville, Texas, spoke to the Council about this agenda item. He first read a letter from Marty and Pat Wrinkle, 121 Byron Street, Stephenville, who could not attend this meeting. The letter is as follows: "Hon. Mayor and City Council Members "I regret that my wife and I could not attend the meeting tonight. Since we can't attend we would like to send our opinion by way of this letter. "My wife and I moved into our current residence at 121 Byron St., Stephenville in August of 1973. At that time our street was paved with asphalt paving and had concrete curbs from the business US 377 to the US 377 loop. Since the addition was incorporated into the city of Stephenville -- 1976 - -with a paved street and concrete curbs, I feel that the city accepted responsibility for the street and curbs at the time of annexation and should shoulder their responsibility in the same manner as other streets in the city which were previously paved and curbed. "Regards "Marty and Pat Wrinkle" McPherson said that Byron Street has been in disrepair during the eleven years he has lived there. McPherson said that he has received assurances from city officials that the street would be reconstructed with new curb, gutter, and pavement. He said that General Business Meeting -- February 3, 1998 he hasn't gotten anything but promises in the last three years. He said that through cooperation from Chief Jim Wade, the truck traffic has been stopped from going down Byron Street. McPherson closed by saying, "There may be a worse street in town, but I don't know where it is." Jerry Caldwell, 141 Byron, Stephenville, said he has lived at that address since 1976, and that his feeling is much the same as the others who have spoken. He said that there is a rumor that residents on Byron Street are going to be "assessed for a street that was already there ". Caldwell thought that when the city annexed the Byron Street area, the City would pay for street improvements. Glen Levisav, 131 Byron Street, Stephenville, said he has lived at that address since 1985. He said Byron Street has always been in bad repair. He said the asphalt is coming up, and there are large sections where the curb and gutter is gone. Mayor Pollan stated that he was one of the "officials" that McPherson referred to. Pollan said he realizes that Byron Street has been a major problem, and is a street that has been greatly abused. Pollan explained that some of the confusion resulted from a Stephenville Empire- Tribune news article that contained inaccurate statements. Pollan said that the ordinance under discussion is not designed to impose a fee on these home owners. Pollan admitted that Byron Street is in great disrepair and that it should be on the list for something to be done about it. Hodges stated that he, as Chairman of the Planning and Development Committee, never understood that there was any intention to assess residents on Byron Street. He said Byron Street was used only as an example. In response to James McPherson displaying a copy of the Empire- Tribune which contained the news article about this subject, Hodges stated, "I didn't write the paper. I can't comment for the paper." Hodges emphasized that at no time during the meeting was anything said about assessing costs to the residents on Byron Street. Davis confirmed that all descriptions about the condition of Byron Street are completely accurate, and that the conditions of that street are deplorable. Davis contended that Byron Street does not have standard curb and gutter. Davis said that priorities for the annual street reconstruction program have been to fix curbed and guttered streets first. Davis said that phase of the reconstruction program is almost completed, and he would like for Byron Street to be considered for this year's program. Davis said the entire street needs to be totally reconstructed, and it is not clear if the present curb and gutter on Byron Street would hold up to that. Council member Hodges moved to adopt Ordinance No. 1998 -3 amending the subdivision regulations of the City of Stephenville. Council member Madkins seconded the motion, which passed by unanimous vote. General Business Meeting -- February 3, 1998 Bill Whitt VII. CONSIDER AMENDMENTS TO THE BYLAWS OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Council member Hillin explained that the North Central Texas Council of Governments is recommending two amendments to its bylaws. The first would increase the size of the Executive Board from 11 to 13 members. The second would allow the bylaws to be amended at the General Assembly by an affirmative vote of 75% of the membership present provided said amendment has been submitted to the Executive Board 60 days prior to the date of the General Assembly. Hillin moved that these two amendments be approved. Council member Madkins seconded the motion which passed by unanimous vote. Council member Madkins moved approval of the Consent Agenda as follows: VIII. CONSENT AGENDA: A. Approval of Minutes of Regular Business Meeting of January 6, 1998 B. Bid Specifications 1. Janitorial Supplies 2. Office Supplies 3. Ambulance 4. Request for Proposal -- Janitorial Services 5. Request for Proposal - -Main Disconnect Switch at the Airport Pump Station C. Bid Award 1. Street Signs 2. Fuel Contract Council member Marin seconded the motion which passed by unanimous roll call vote. General Business Meeting -- February 3, 1998 IX. CITY ADMINISTRATOR'S REPORT i Don Davis had nothing to report. Council member Conatser asked that a progress report on the Downtown Plaza and Public Safety Building be made at the council's next meeting. X. EXECUTIVE SESSION At 8:30 p.m. Mayor Pollan recessed the open portion of this meeting and called the council into executive session in compliance with the provisions of the Texas Open Meetings Law, Subchapter D, Local Government Code, Vernon's Texas Codes, Annotated, in accordance with the authority contained in §551.071(1)(A) Consultations with Attorney and §551.072 Deliberations about Real Property. A. Cause No. 432,066 -A, Crowell et al v. City of Stephenville et al B. Composite Structures International, Inc. At 8:50 p.m., Mayor Pollan called the Council back into regular session. XI. ACTION TAKEN ON MATTERS DISCUSSED IN EXECUTIVE SESSION (if necessary) No action was taken by the Council. XII. ADJOURN There being no further business to come before the Council, the meeting was adjourned at 8:50 p.m. N Joh ollan, Mayor ATTEST: dity Sed#ary General Business Meeting -- February 3, 1998 HEART OF TEXAS STRATEGIC WATER ALLIANCE PARTNERSHIP COOPERATIVE AGREEMENT STATE OF TEXAS I COUNTIES OF EASTLAND, ERATH, HOOD, SOMERVELL, COMANCHE, HAMILTON, BOSQUE, HILL, McLENNAN, JOHNSON, and CORYELL § This agreement is made and entered into by and between the members of the HEART OF TEXAS STRATEGIC WATER ALLIANCE PARTNERSHIP which is comprised of the following political subdivisions and community water systems: 1. Counties of Eastland, Erath, Hood, Somervell, Comanche, Hamilton, Bosque, Hill, McLennan, Johnson, and Coryell. 2. All incorporated cities in the above - mentioned counties. 3. Community water systems in the above - mentioned counties. WHEREAS, the members of the Heart of Texas Strategic Water Alliance Partnership are all political subdivisions and community water systems of the State of Texas; and WHEREAS, this agreement is made and entered into pursuant to the Interlocal Cooperation Act [Vernon's Texas Revised Civil Statutes Annotated, Art. 4413(32c)]; and WHEREAS, the State of Texas adopted Senate Bill 1 which mandates that the state be divided into water planning regions; and WHEREAS, this eleven - county area has certain geographic, demographic, and similar water needs, and each entity recognizes that the formation of HOTSWAP will enable this coalition to have a substantial influence within the water planning region; and WHEREAS, this coalition will provide for the maximum benefit within this eleven - county region. HOTSWAP Agreement - Page 1 December 2, 1997 NOW, THEREFORE, in considerationof the premises and the mutual agreement herein, the parties hereto agree: 1. To coordinate the water planning within this sub- region consistent with the guidance principles for the State Water Plan as defined in Senate Bill 1 including but not limited to the consideration of the following: a. Drought planning. b. Ground water management. C. Water management strategies, including: (1) Conservation reuse and management of existing water supplies. (2) Acquisition of available existing water supplies. (3) Development of new water supplies. d. Protection of existing water rights. e. Transfer of water. 2. To provide for the orderly development, management, and conservation of water resources by involving the membership: a. In the designation determination of the regional water planning areas. b. The selection of representatives to the regional board. C. In any other water issue of mutual interest to the area. 3. That the HOTSWAP Board of Directors shall be composed of representatives from each of the interests listed in Section 357.4 of the proposed TAC Chapter 357 Regional Water Planning. HOTSWAP Agreement - Page 2 December 2, 1997 4. To provide for an executive committee, to be elected by the Board of Directors, with the following offices: a. Chairman b. Vice Chairman. C. Secretary- Treasurer d. Two members -at -large 5. That participating entities will have one vote in the election of the HOTS WAP Board of Directors. This agreement shall be effective on the date when approved by each of the participating members and shall remain in effect for an indefinite period of time. Each member may terminate its participation in this agreement by giving all other parties to this agreement a 90 -day notice in writing. IN WITNESS WHEREOF, we have hereunto set our hands and seal of office on the 3rd day of February, 1998. This instrument may be executed in multiple counterparts. ATTEST: HOTS WAP Agreement - Page 3 December 2, 1997 /X ' 2 r m_ c�9 P OA It / ORDINANCE NO. 1998 -1 f i_ AN ORDINANCE ZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF R -1 "SINGLE- FAMILY DWELLING DISTRICT" TO R -3 "MULTIPLE FAMILY RESIDENTIAL DISTRICT" B -1 "NEIGHBORHOOD BUSINESS DISTRICT ", BB =2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT ", I "INDUSTRIAL DISTRICT ", AND AG "AGRICULTURAL DISTRICT." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: R -3 "MULTIPLE FAMILY RESIDENTIAL DISTRICT" All that 15.15 acre tract, being part of that 64.697 acres of land out of Block No. 8 of the Henry Pearson Survey, Abst. No. 613, situated in Erath County, Texas, about 3 miles S 60 W from the town of Stephenville, described as follows: BEGINNING at an iron pipe set in ground in the North line of Hwy. No. 67 (formerly Hwy. No. 10 and U. S. Hwy. No 377) at the SWC of a 100 x 305' tract conveyed by J. B. Morrow to Mrs. M. M. Grothe by deed of record in Vol. 287, page 320, Deed Records of Erath County, Texas, for the SEC of this tract; THENCE with the North line of said Hwy. as follows: S 62-45W25.3 feet, S 61 -45 W 100 feet, and S 60 -45 W 100 feet to the end of a curve in said Hwy. a concrete right -of -way marker; THENCE S 59 -45 W 539 feet with the North line of said Hwy. to a fence corner post at the SEC of _! the Payton tract for the SWC of this; THENCE N 30 -12 W 1097.3 feet and N 30 -55 W 1432 feet with a net wire fence to the NWC of this a fence post for corner; THENCE N 58 -51 E with fence 1250.3 feet to the NEC of this said corner being 3 feet N 58 -51 E from a fence corner post on the projection of a fence from the South and from the West, said comer being approximately 4 varas S 60 W from the East line of said Pearson Survey; THENCE S 30 -11 E 1815.2 feet running with a fence on the West side of a ditch and road; THENCE S 59 -33 W 420 feet; THENCE S 30 -27 E 420 feet to a fence line; THENCE S 68 -25 W 44.8 feet with said fence line to a railroad tie comer post; THENCE S 29 -21 E at 22 feet passing the NWC of the Grothe tract above mentioned in all 327 feet to the place of beginning. The above described property is conveyed subject to all outstanding oil and royalty rights in minerals. SAVE AND EXCEPT 2 acres of land sold to Earl G. Gooch and wife, Peggy Ruth Gooch by deed dated August 12, 1972, and recordedin Vol. 478, page 1, Deed Records of Erath County, Texas. Page 1 B -1 "NEIGHBORHOOD BUSINESS DISTRICT" All that 7.58 acre tract, being part of that 64.697 acres of land out of Block No. 8 of the Henry Pearson Survey, Abst. No. 613, situated in Erath County, Texas, about 3 miles S 60 W from the town of Stephenville, described as follows: BEGINNING at an iron pipe set in ground in the North line of Hwy. No. 67 (formerly Hwy. No. 10 and U. S. Hwy. No 377) at the SWC of a 100 x 305' tract conveyed by J. B. Morrow to Mrs. M. M. Grothe by deed of record in Vol. 287, page 320, Deed Records of Erath County, Texas, for the SEC of this tract; THENCE with the North line of said Hwy. as follows: S 62 -45 W25.3 feet, S 61 -45 W 100 feet, and S 60 -45 W 100 feet to the end of a curve in said Hwy. a concrete right -of -way marker; THENCE S 59 -45 W 539 feet with the North line of said Hwy. to a fence corner post at the SEC of the Payton tract for the SWC of this; THENCE N 30 -12 W 1097.3 feet and N 30 -55 W 1432 feet with a net wire fence to the NWC of this a fence post for corner; THENCE N 58 -51 E with fence 1250.3 feet to the NEC of this said corner being 3 feet N 58 -51 E from a fence corner post on the projection of a fence from the South and from the West, said corner being approximately 4 varas S 60 W from the East line of said Pearson Survey; THENCE S 30 -11 E 1815.2 feet running with a fence on the West side of a ditch and road; THENCE S 59 -33 W 420 feet; THENCE S 30 -27 E 420 feet to a fence line; THENCE S 68 -25 W 44.8 feet with said fence line to a railroad tie corner post; THENCE S 29 -21 E at 22 feet passing the NWC of the Grothe tract above mentioned in all 327 feet to the place of beginning. The above described property is conveyed subject to all outstanding oil and royalty rights in minerals. SAVE AND EXCEPT 2 acres of land sold to Earl G. Gooch and wife, Peggy Ruth Gooch by deed dated August 12, 1972, and recorded in Vol. 478, page 1, Deed Records of Erath County, Texas. Page 2 B -2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT" All that 1.900 acre tract, being the southeast corner of that certain lot, tract or parcel of land being a part of a tract of 37.72 acres in the Henry Pearson survey, Abst. No. 613, heretofore conveyed by J. F. Morrow and wife to J. B. Morrow by deed recorded in Vol. 241, page 81, Deed Records of Erath County, Texas, and being the Easterly 100 feet of the Northerly 100 feet of that certain tract conveyed by Doyle Collup to John Blake by deed dated Oct. 23, 1950, of record in Vol. 326, page 90 in said deed records, this tract more particularly described as follows: BEGINNING at the NEC of said 4 acres more or less tract conveyed by said Collup to said Blake in the West line of a road for the NEC of this; THENCE S 30 E 100 feet with the East line of said 4 acres and West line of said road to the SEC of this; THENCE S 60 W 100 feet to the SWC of this; THENCE N 30 W 100 feet to the North line of said 4 acre tract; THENCE N 60 E 100 feet to the place of beginning, and being the same land described in deed from Galen O. Gilbert and J. R. Kincaid to Floyd Jeter and wife, dated March 17,1954, and recorded in Vol. 341, page 421, Deed Records of Erath County, Texas. 4 acres of land in Erath County, Texas, described by metes and bounds as follows: A part of a tract of 37.72 acres of the Henry Pearson survey, Abstract 613, heretofore conveyed by J. F. Morrow and wife to J. B. Morrow by deed recorded in Vol. 241, page 81 of the Deed Records of Erath County, Texas, and being the same property which was conveyed by J. B. Morrow to Doyle E. Collup by deed recorded in Vol. 298, at page 544 of the Deed Records of said county and as corrected by deed from J. B. Morrow to Doyle E. Collup recorded in Vol. 301 at page 635 of Erath County Deed Records, and being more accurately described as follows: BEGINNING in the East boundary line of an old road at a point 305 ft. N 30 W from the NBL of said old highway No. 10 in the SEC of said 37.72 acre tract, for SEC of this particular tract; THENCE S 60 W 420 ft to a point for corner as the SWC of this tract in NBL of Mrs. M. M. Grothe tract of land; THENCE N 30 W 420 ft to a point for comer as the NWC of this tract; THENCE N 60 E 420 to the W. boundary line of said old road for the NEC of this tract; THENCE S 30 E 420 ft with the W. boundary line of said old road to the place of beginning, and containing four acres and being the same land described in deed from Doyle E. Collup to John Blake, recorded in Vol. 326, page 90 of Erath County Deed Records and described in deed and conveyance from John Blake to Galen O. Gilbert and J. R. Kincaid, recorded in Vol. 331 at page 66 of the said county deed records, SAVE AND EXCEPT that land conveyed from said 4 acres by the grantors therein to Floyd Jeter and wife by deed dated March 17, 1954, recorded in Vol. 341 at page 421 of the Deed Records of Erath County, Texas, which land described in said deed to Floyd Jeter and wife is not conveyed hereby, reference being made to the record of such deed for a description of the land excepted, but there is hereby conveyed all easement rights reserved in said deed to Floyd Jeter and pertaining to the land not conveyed and to said Radio Station KSTV. BEGINNING at an iron rod set at the most easterly SE corner of the W. L. Payton 64.697 acre tract out of Block No. 8 of the Henry Pearson Survey, A -613, Erath County, Texas, for the SE Corner of this tract, from which the SW Corner of a 100" x 305' tract of land conveyed by J. B. Morrow to Page 3 Mrs. M. M. Grothe by deed recorded in Volume 287, Page 320, Deed Records of Erath County, Texas bears as follows: S 59° 33'W, 420': S 30'27'E, 420; S 68'45'W, 44.8 and S 29'21'E, 327; THENCE S 59° 33'W, along a south line of said 64.697 acre tract 420' to comer, for the SW Corner of this tract; THENCE N 30° 11' W, 208' to a comer for the NW Corner of this tract; THENCE N 59° 33' E, 420' to a fence line in an east boundary said 64,697 acre tract for the NE Comer of this tract; THENCE S 30° 1 PE, along a fence line and an east line of said 64.697 acre tract, 208' to the place of beginning and containing 2 acres of land, more or less. All that certain 0.973 acres of land more or less, being 0.846 acres in the Henry Pearson Survey, A- 613 and 0 .127 acres in the Wm. Motley Survey, A -515, Erath County, Texas, and being same land called 1 acre in Deed to J. B. Morrow dated August 12, 1936, and recorded in Volume 248, Page 79, Deed Records of Erath County, Texas, and the 0.973 acres being described as follows: BEGINNING at an iron rod set in South right of way of U.S. Highway No. 377 at the Northwest comer of Quail Run Subdivision and Northwest corner of Bosque Road, according to Plat recorded in Volume 2, Page 50, Plat Records of Erath County, Texas, for the Northeast corner of this tract; THENCE S. 23 -18 -I1 E. with westline of Bosque Road, and Eastline of the 1 acre tract, 201.43 feet to an Iron rod set for the Southeast corner of the 1 acre and Southeast corner of this tract; THENCE S. 63 -05 -51 W. at 13.65 feet the West line of the Motley Survey and East line of the Pearson Survey, at a total distance of 205.19 feet, an Iron rod set for the Southwest corner of the 1 acre and Southwest corner of this tract; THENCE N. 23 -37 -49 W. with west line of the 1 acre tract, 211.24 feet to an Iron rod set in highway right of way, for the Northwest corner of this tract; THENCE with right of way, along a curve to the right, having a radius of 5679.58 feet and central angle of 02. deg. 04 min., at 163.86 feet recross said survey line, a total distance of 204.86 feet (long chord bears N. 65 -50 -16 E. 204.85 feet), to the place of beginning. All that certain 1.987 acre tract of land out of the Henry Pearson Survey, Abstract No. 613, in Erath County, Texas, being the East 150 ` of that certain 3.312 acre tract of land described as Trace I in deed from R.' P. Wilson and Enrico S. Trinchero to W. L. Wilson, dated June 24, 1987 and recorded in Volume 722, Page 7 of the Deed Records of Erath County, Texas and described as follows: BEGINNING at an iron rod found in place in the south right -of -way line of U. S. Hwy. No. 377, being the NEC of the W. L. Wilson 3.312 acre tract described in deed mentioned above, for the NEC of this tract, from which the SEC of Block 26 of the Henry Pearson Survey bears S 59 deg. 27'44" W 450.0', S 31 deg. 18'46" E, 413.12', S 56 deg. 50'33" W, 306.89', S 31 deg. 01' 57" E, 1507.94' and N 58 deg. 50'28" E, 2288.50; THENCE S 31 deg. OF 57" E, 577.13' to an iron rod found in place at the SEC of said 3.312 acre tract, for the SEC of this tract; THENCE S 59 deg. 27'44" W along the south line of said 3.312 acre tract, 150.0' to an iron rod set for the SWC of this tract; Page 4 THENCE N 31 deg. 01'57" W, 577.13' to an iron rod set in the north line of said 3.312 acre tract, and in the south right -of -way line of U. S. Highway No. 377, for the NWC of this tract; THENCE N 59 deg. 27'44" E along the south right -of -way line of U. S. Highway No. 377,150.0' to the place of beginning and containing 1.987 acres of land. All that certain 1.325 acre tract of land out of the Henry Pearson survey, Abstract No. 613, in Erath County, Texas, being the West 100 feet of that certain 3.312 acre tract of land described as Tract I in deed from R. P. Wilson and Enrico S. Trinchero to w. L. Wilson, dated June 24, 1987 and recorded in Volume 722, page 7 of the Deed records of Erath County, Texas and described as follows: BEGINNING at a cross cut in a concrete drive in the south right -of -way line of U. S. Highway No. 377, being the NW comer of the W. L. Wilson 3.312 acre tract described in deed mentioned above, and the NE corner of a 3.738 acre tract described in deed from W. L. Wilson to Jay Mills, dated November 19, 1988 and recorded in Volume 758, page 89 of the Deed Records of Erath County, Texas, for the NW comer of this tract, from which the SE corner of block 26 of the Henry Pearson Survey bears S 59 deg. 2744" W, 200.0', S 31 deg. 18'46" E. 413.12', S 56 deg. 50'33" W, 306.89', S 31 deg. 01'57" E, 1507.94' and N 58 deg. 50'28" E, 2288.50; THENCE N 59 deg. 27'44" E along the south line of U. S. Highway No. 377 and the north line of said 3.312 acre tract, 100.0' to an iron rod set for the NE corner of this tract; THENCE S 31 deg. 01'57" E, 577.13' to an iron rod set in the south line of said 3.312 acre tract, for the SE corner of this tract; THENCE S 59 deg. 27'44" W, 100.0' to an iron rod found in place at the SW corner of said 3.312 acre tract and the SE corner of said 3.738 acre tract, for the SW corner of this tract; THENCE N 31 degrees 01'57" W, 577.13' to the place of beginning and containing 1.325 acres of land. All that certain 7.191 acre tract of land, being part of Block 26 of the Henry Pearson Survey, Abstract No. 613, in Erath County, Texas, being part of that certain 123.59 acre tract of land described in deed from R. P. Wilson, Trustee to R. P. Wilson et al, dated January 17, 1983 and recorded in Volume 611, page 813 of the Deed Records of Erath County, Texas and described as follows: BEGINNING at an iron rod found in place at the SW comer of a 3.738 acre tract of land described in deed from W. L. Wilson to Jay Mills, dated November 19, 1988 and recorded in volume 758, page 89 of the Deed Records of Erath County, Texas, being in the west line of said 123.59 acre tract described in deed mentioned above for the NW corner of this tract, from which the SE corner of Block 26 of the Henry Pearson Survey bears S 31 degrees 01'57" E, 1357.94' and N 58 degrees 50' 28" E, 2288.50; THENCE N 59 degrees 2744" E, 754.67' to an iron rod found in place for the NE corner of this tract; THENCE S 31 deg. 01'57 E, 410.98' to an iron rod set for the SE corner of this tract; THENCE S 58 deg. 50'28" W. At 290.63' pass an iron rod at a fence corner post, being the NE corner of a 10.00 acre tract described in deed from W. L. Wilson to Michael Freels et ux, dated September 4, 1987 and recorded in Volume 727, page 352 of the Deed Records of Erath County, Page 5 Texas, continuing in all 754.64' to an iron rod found in place at a fence corner post, being the NW corner of said Freels 10.00 acre tract and also being in the west line of said 123.59 acre tract for the SW corner of this tract; THENCE N 31 deg. 01'57" W along a fence line along the West line of said 123.59 acre tract, 419.17' to the place of beginning and containing 7.191 acres of land. All that certain three (3) acres of land, out of the N. W. Corner of the R. L. Mobley 106 acre subdivision of the Henry Pearson survey, Abstract No. 613, situated in Erath County, Texas, about 3 miles S. 60 W. from Stephenville, and Beginning at the N. W. Comer of the said R. L. Mobley 106 acre tract and the N. E. C. of the O.M. Mobley 158 acre tract on South line of Highway No. 10 for the N. W. Corner of this; Thence N. 60 E. 312 feet with S. B. Line of said Highway No. 10 to N. E. C. This; Thence S. 30 E. 416 feet to the S. E. Corner of this; Thence S. 60 W. 312 feet to the West line of said 106 acre tract; Thence N. 30 W. 416 feet with W. B. Line of said 106 acres and E. B. Line of the O.M. Mobley tract to the place of beginning. All that certain 13.33 acre tract of land out of the Henry Pearson Survey, Abst. 613, situated in Erath County, Texas, being part of that certain 58 acre tract of land described in deed from H. E. Watson to O. M. Mobley, dated April 21, 1924, recorded in Vol. 196, page 579, Deed Records, Erath County, Texas, described as follows: Beginning at an iron rod set at a fence corner post in the S right -of -way line of U. S. Hwy. 377, at the N. extension of the E line of a County Road, for the NWC of this tract, from which the intersection of the W line of said 58 acre tract and the S line of U. S. Hwy. 377 bears S 37 deg 50 min W, 27.7 ft, from said point of beginning the SEC of the Henry Pearson Survey bears S 37 deg 50 min W, 27.7 ft, S 30 deg 38 min 30 sec. E, 3665.4 ft, N 59 deg 48 min 30 sec. E, 634.2 ft, N 59 deg 48 min E, 136.5 ft, N 59 deg 22 min 30 sec. E, 1131.1 ft, and N 58 deg 57 min 30 sec E, 892.7 ft; THENCE S 30 deg 33 min E along a fence line along the E line of said County Road, 825.0 ft to an iron rod set for the SWC of this tract; THENCE N 59 deg 27 min E, 632.8 ft to an iron rod set in the E line of said 58 acre tract, for the SEC of this tract; THENCE N 30 deg 47 min 30 sec W along a fence along the E line of said 58 acre tract, 983.3 ft to an iron rod set at a fence corner post in the S right -of -way line of U. S. Hwy. 377, for the NEC of this tract; THENCE in a Southwesterly direction along the S right -of -way line of U. S. Hwy. 377, being along a curve to left, Radius = 2242.0 ft, long chord = S 45 deg 45 min 30 sec. W, 612.52 ft, along a curve distance of 614.4 ft to a concrete monument found in place at the end of said curve for a corner of this tract; THENCE S 37 deg 50 min W along the S line of said highway, 36.0 ft to the place of beginning and containing 13.33 acres of land in area. All that 56.42 acre tract, being part of that 75.45 acres of land, part of the Henry Pearson Survey, Page 6 Abst. No. 613, in Erath County, Texas, about 2 '/2 miles S. 60 W. from Stephenville, and being the West half of the Harrison North 150.9 acre Block No. 8, described in the deed from J. E. Standifer and wife recorded in Vol. V, page 589 and described as follows: BEGINNING N. 30 W. 5.4 varas and S. 59 -50 W. 460 varas from the S. E. Corner of the North half of said Pearson survey, for S.E.C. of this, in North line of State Highway No. 10, a pile of rock from which a post oak bears S. 48 W. 5 -1/3 varas; THENCE N. 30 W. 922 vrs. to North line of said 150.9 acres from which live oak bears West 34 -1/2 vrs; THENCE S. 59 W. 465 vrs. to NWC. of said 150.9 acre, in middle of road, from which a post oak marked `X' brs. N. 2'/2 W. 26.1 vrs; THENCE S. 30 E. 914 vrs, to North line of State Highway No. 10, a pile of rock; THENCE N. 59 -50 E. 465 vrs, with north line of said Highway to the place of beginning, as surveyed by McKewn Johnstone, County Surveyor, Sept. 12, 1927. Also, all that 1 -1/20 acre of land, being 18 feet off of the West side of the East half of the Harrison North 150.9 acre Subdivision or Block No. 8 of the Henry Pearson Survey in Erath County, Texas, and described as follows: BEGINNING at the S. W. Corner of said East half of 75.45 acres as described in the deed from R. I. North and wife to Hattie Morrow recorded in Vol. 212, page 87, records of Erath County, Texas; THENCE N. 59 -50 E. 18 feet with North line of State Highway No. 10; THENCE N. 30 W. 922 vrs. to north line of said 75.45 acres; THENCE S. 59 W. 18 feet to N.W. Corner of said 75.45 acres; THENCE S. 30 E. 922 varas to the place of beginning, together with the one -half interest in the five foot wire wolf and poultry -proof fence on the east line thereof, Being the same lands conveyed to Jess Cox by G. E. Ray and wife by deed dated Dec. 12, 1929, recorded in Vol. 221, page 437 of the Deed Records of Erath County, Texas, except since said conveyance a small acreage has been taken from the south side of the above described tract of land by widening State Highway No. 10, as shown by the deed to the State recorded Vol. 239, page 578, 63/100 of an acre of which is taken from the above description, leaving 75.87 acres hereby conveyed. 64.697 acres of land out of Block No. 8 of the Henry Pearson Survey, Abst. No. 613, situated in Erath County, Texas, about 3 miles S 60 W from the town of Stephenville, described as follows: BEGINNING at an iron pipe set in ground in the North line of Hwy. No. 67 (formerly Hwy. No. 10 and U. S. Hwy. No 377) at the SWC of a 100 x 305' tract conveyed by J. B. Morrow to Mrs. M. M. Grothe by deed of record in Vol. 287, page 320, Deed Records of Erath County, Texas, for the SEC of this tract; THENCE with the North line of said Hwy. as follows: S 62 -45 W25.3 feet, S 61 -45 W 100 feet, and S 60 -45 W 100 feet to the end of a curve in said Hwy. a concrete right -of -way marker; THENCE S 59 -45 W 539 feet with the North line of said Hwy. to a fence corner post at the SEC of the Payton tract for the SWC of this; THENCE N 30 -12 W 1097.3 feet and N 30 -55 W 1432 feet with a net wire fence to the NWC of this a fence post for corner; THENCE N 58 -51 E with fence 1250.3 feet to the NEC of this said comer being 3 feet N 58 -51 E from a fence corner post on the projection of a fence from the South and from the West, said corner being approximately 4 varas S 60 W from the East line of said Pearson Survey; THENCE S 30 -11 E 1815.2 feet running with a fence on the West side of a ditch and road; THENCE S 59 -33 W 420 feet; THENCE S 30 -27 E 420 feet to a fence line; THENCE S 68 -25 W 44.8 feet with said fence line to a railroad tie corner post; Page 7 THENCE S 29 -21 E at 22 feet passing the NWC of the Grothe tract above mentioned in all 327 feet to the place of beginning. The above described property is conveyed subject to all outstanding oil and royalty rights in minerals. SAVE AND EXCEPT 2 acres of land sold to Earl G. Gooch and wife, Peggy Ruth Gooch by deed dated August 12, 1972, and recorded in Vol. 478, page 1, Deed Records of Erath County, Texas containing 92.126 acres of land, more or less. Page 8 AG "AGRICULTURAL DISTRICT" All that certain 10.00 acre tract of land, more or less, being part of Block 26 of the Henry Pearson Survey, Abstract No. 613, in Erath County, Texas, being part of that certain 123.59 acre tract described in deed from R. P. Wilson, Trustee to R. P. Wilson et al, dated January 17, 1983 and recorded in Volume 611, page 813 of the Deed Records of Erath County, Texas and described as follows: BEGINNING at an iron rod at a fence corner post at the SW corner of said 123.59 acre tract described in deed mentioned above, being the SW corner of Block 26 of the Henry Pearson Survey for the SW corner of this tract: THENCE N. 31 deg 01' 57" W along a fence line along the west line of said 123.59 acre tract, 938.77' to an iron rod set for the NW comer of this tract; THENCE N. 58 deg 50'28" E., 464.01' to an iron rod set for the NE corner of this tract; THENCE S. 31 deg 01' 57" E., 938.77' to an iron rod set in a fence line along the south line of said 123.59 acre tract for the SE corner of this tract; THENCE S. 58 deg 50'28" W. along a fence line the south line of said 123.59 tract; 464.01' to the place of beginning. A 13.68 acre tract of land, more or less, out of the Henry Pearson Survey, A -613, situated in Erath County, Texas, being part of that certain 58 acre tract of land described in deed from H. E. Watson to O. M. Mobley dated April 21, 1924, and recorded in Vol. 196, Page 579, Deed records, Erath County, Texas and described as follows: BEGINNING at an iron rod set in the east right -of -way line of a county road at the SWC of a 13.33 acre tract of land conveyed to Donnie Bramlett by deed recorded in Vol. 535, Page 826, Deed Records, Erath County, Texas, for the NWC of this tract from which the SEC of the Henry Pearson Survey bears N. 59 deg. 27E, 632.8 ft., S 30 deg. 47'30" E, 938.5 ft; N 59 deg 11' E, 2288.8 ft; S 30 deg. 58'E, 371.4 ft; S 34 deg. 16'E, 101.9 ft. And S 29 deg. 23' E, 1446.7 ft; THENCE N 59 deg. 27' E, 632.8 ft. To an iron rod set at the SEC of said 13.33 acre tract for the NEC of this tract; THENCE S 30 deg. 47'30" E along a fence line, 938.5 ft. To an iron rod set at fence corner post in the north line of a 37.14 acre tract at the NWC of a 100 acre tract of land described in deed from L. B. Burrow to O. M. Mobley, dated June 3, 1907 and recorded in Vol. 100, page 386, Deed Records, Erath County, Texas for the SEC of this tract; THENCE S 59 deg. 27'W, 636.63 ft. To an iron rod set in the east line of a County Road, at the NWC of said 37.14 acre tract for the SWC of this tract; THENCE N 30 deg. 33'W, along a fence line along the east line of said County Road, 938.6 ft. To the place of beginning. ALL that certain 72.61 acre tract of land, being part of Block 3 of the Wm. Motley Survey, Abstract No. 515, in Erath County, Texas, being the remainder of that certain 75 acre tract of land described in deed from Thelma Jo Lockhart to Carl B. Ingram, et ux Mary U. Ingram, dated September 4, 1965 and recorded in Volume 402, Page 581 of the Deed Records of Erath County, Texas and described as follows: Page 9 BEGINNING at an iron rod set in the west line of the Ingram 75 acre tract, being at the NW corner of a 0.93 acre tract described in deed from Mary Ingram to Donnie Bramlett, dated January 20, 1977 and recorded in Volume 544, Page 767 of the Deed Records of Erath County, Texas, for the SW corner of this tract, from which an iron rod set at the SW corner of the Wm. Motley Survey bears S 29 deg. 01'57" E, 75.27'; THENCE N 29 deg. 01'57 W along a fence line along the west line of said 75 acre tract, 1360.60' to an iron rod set at a fence corner post at the NW corner of said 75 acre tract, being in the southeast right of way line of the Santa Fe Railroad, for the NW corner of this tract; THENCE along the southeast line of said railroad as follows, N 45 deg. 55'57" E, 1953.94' to an iron rod set at the beginning of a curve, continuing along a curve to the right, radius = 1357.50', long chord = N 46 deg. 11'29" E, 12.27', along a curve distance of 12.27' to an iron rod found at the NE corner of said 75 acre tract, for the SE corner of this tract; THENCE S 29 deg. 45'36" E along a fence line and extension thereof, 1920.77' to an iron rod set at the SE corner of said 75 acre tract, for the SE corner of this tract; THENCE S 60 deg. 24'06" W, running approximately 3 feet southerly of a fence line, 1239.13' to an iron rod found at an east corner of the Donnie Bramlett 0.93 acre tract, for a corner of this tract; THENCE N 46 deg. 26'53" W along a fence line, 57.37' to an iron rod found at a fence corner post at the NE corner of said 0.93 acre tract, for a corner of this tract; THENCE S 61 deg. 36'47" W along a fence line, 667.10' to the place of beginning and containing 72.61 acres of land. All that certain 0.93 acre tract of land out of the Wm. Motley Survey, Abst. 515, situated in Erath County, Texas and described as follows: Beginning at an iron rod set at a fence corner post at the occupied SWC of the Wm. Motley Survey and the SEC of the Henry Pearson Survey, Abst. 613, Erath County, Texas at the SEC of a 100 acre tract of land described in deed from L. B. Burrow to O. M. Mobley, dated June 3, 1907 and recorded in Vol. 100, page 386, Deed Records, Erath County, Texas, for the SWC of this tract; THENCE N 61 deg. 13 min. E along a fence line along the S line of the Carl B. Ingram property and the N line of the Wolfe property, 684.2 It to an iron rod found in place at a fence corner post for the SEC of this tract; THENCE N 33 deg. 03 min W along a fence line, 5.2 ft. to an iron rod found in place at a fence corner post in the occupied S line of said Ingham property, for a corner of this tract, from which the SEC of said Ingham property bears N 60 deg. 05 min E, 1239.6 ft; THENCE N 46 deg. 18 min. W along an existing cross fence, 57.5 ft. to an iron rod set for the NEC of this tract; THENCE S 61 deg. 13 min. W, 667.2 ft. to a point in the E line of said Mobley 100 acre tract for the NWC of this tract, from which an iron rod bears S 61 deg. 13 min. W, 1.0 ft; THENCE S 29 deg. 23 min. E along the E line of said 100 acre tract, 60.0 ft. to the place of beginning and containing 0.93 acres of land in area and consisting of a 60 ft. wide road right -of -way. All that 95.842 acre tract described as Second Tract of that certain 376.90 acre tract of land, being part of the Wm. Motley Survey, Abstract No. 515 and the Thomas Brown Survey, Abstract No. 58, in Erath County, Texas, being all of that certain 113.855 acre tract described as First Tract, all of that r . `— Page 10 95.842 acre tract described as Second Tract and all that certain 166.477 acre tract described as Third Tract in Trustee's Deed from Wayne Bryant, Trustee to Texas Bank, dated April 7, 1987 and recorded in Volume 715, Page 471 of the Deed Records of Erath County, Texas, and described as follows: BEGINNING at an iron rod found in place at the easterly SW comer of the Texas Bank 95.842 acre tract described above, being the most easterly SW corner of the Wm. Motley Survey, for an inner corner of this tract, from which the NE comer of the Thomas Brown Survey bears N 29 deg. 23' 28" W, 660.14'; THENCE along a fence line along the East line of the Texas Bank 113.855 acre tract as follows, S 29 deg. 22'08" E, 2078.80' to an iron rod found in place at a fence corner and S 29 deg. 26' 17" E, 989.45' to an iron rod found in place at the SE comer of said 113.855 acre tract, for the SE corner of this tract; THENCE S 56 deg. 30'33" W along a fence line, 287.90' to an iron rod set at an external corner of said 113.855 acre tract, for a comer of this tract; THENCE generally along a fence line along the southwest lines of said 113.855 acre tract as follows, N 40 deg. 18'29" W, 363.89' to an iron rod found, N 66 deg. 17'29" W, 256.75' to an iron rod set, N 81 deg. 52' 18" W, 465.22' to an iron rod set, N 26 deg. 36'28" W, 53.15' to an iron rod set, N 33 deg. 59'54" W, 340.78' to an iron rod found, N 65 deg. 12' 17" W, 49.09' to an iron rod found, S 58 deg. 51'45" W, 576.72' to an iron rod found, N 89 deg. 34'06" W, 94.00' to an iron rod found and S 32 deg. 1745" W, at 26.97' cross centerline of an existing road, continuing in all 178.00' to an iron rod found at a fence corner at the SW corner of said 113.855 acre tract and in the east line of said 166.477 acre tract, for a corner of this tract; THENCE along a fence line along the east line of said 166.477 acre tract as follows, S 26 deg. 48' 30" E, 375.78' to an iron rod set and S 27 deg. 13'01" E, 1799.25' to an iron rod set at a fence corner at the SE corner of said 166.477 acre tract, for the most westerly SE corner of this tract; THENCE S 59 deg. 27' 18" W along a fence line, 1421.90' to an iron rod set at a fence comer post at the SW corner of said 166.477 acre tract, for the SW corner of this tract; THENCE along a fence line along the west line of said 166.477 acre tract as follows, N 30 deg. 23' 23" W, 1682.42' to an iron rod found at a fence corner and N 29 deg. 43' 12" W, 3025.74' to a set stone found in place at the NW corner of said 166.477 acre tract, for the most southerly NW corner of this tract; THENCE along a fence line along the north lines of said 166.477 acre tract and 113.855 acre tract as follows, N 60 deg. 17'47 E, 1577.61' to an iron rod found, N 29 deg. 42' 13" W, 5.0' to an iron rod set, and N 60 deg. 24'06" E, 1239.13' to an iron rod found in place at a fence corner at the most northerly SW corner of said 95.842 acre tract, for an inner corner of this tract; THENCE N 29 deg. 45' 36" W along a fence line along the west line of a road right -of -way, 1920.77' to an iron rod set at the NW comer of said 95.842 acre tract, being in the south right -of -way line of the Santa Fe Railroad, for the most northerly NW corner of this tract; THENCE in an easterly direction along the south line of said railroad as follows, being along a curve to the right, radius = 1357.50', long chord - N 59 deg. 56'29" E, 633.40', along a curve distance of 639.29' to the end of said curve and N 73 deg. 25' 57" E, 1178.52' to an iron rod set at the NE corner of said 95.842 acre tract, for the NE corner of this tract; THENCE S 30 deg. 49' 20" E along a fence line, at 1382.76' cross an existing road, continuing in Page 11 all 2316.23' to an iron rod found in place at the SE corner of said 95.842 acre tract, for a corner of this tract; THENCE S 60 deg. 12'25" W along a fence line, 1343.73' to the place of beginning and containing 376.90 acres of land with approximately 96.31 acres being out of the Wm. Motley Survey and 280.59 acres being out of the Thomas Brown Survey and including approximately 8.32 acres within existing road right -of -way. All that certain tract of land, being 42.75 acres of land, apart of Block 2, of the Wm. Motley Survey, Abst. No. 515, in Erath County, Texas, as fully described by metes and bounds in a Warranty Deed executed by R. Y. Gann et ux, Helen Ruth Gann, to Stephen W. Miller et ux, Gertrude Miller, dated Aug. 5, 1959, and of record in Vol. 371, page 465, of the Deed Records of Erath County, Texas. Tract 2: Right -of -way Easement from Wolfe Nursery, Inc. And Mable Wolfe to Rufus Gann et ux, Helen Gann, dated May 7, 1954, and of record in Vol. 348, page 133, of the Deed Records of Erath County, Texas. All that certain 41.31 acres out of Block 1, Wm. Motley Survey, Abstract No. 515, Erath County, Texas, and being part of a former 71.2 acre tract, more or less, being described as Second Tract in Deed dated October 28, 1939, from H. M. Everett, et ux, to Chas. Neblett, Jr., Trustee, recorded in Volume 260, Page 75, Deed Records of Erath County, Texas, and said 41.31 acres being described as follows: BEGINNING at an iron rod set in fence, on the South line of Blk. 1, Wm. Motley Survey, Abstract No. 515, and South line of said 71.2 acre tract, from which point the SEC of the Motley Survey bears North 60 -00 East 724.7 feet, being SWC of a 29.89 acre tract out of the Easterly part of said 71.2 acre tract, for the SEC of this tract; THENCE South 60 West 907.3 feet to the SWC of Blk. 1, Motley Survey, and SWC of the 71.2 acres, for the SWC of this tract; THENCE North 30 West 2100 feet to the South line of railroad right -of -way, at the NWC of the 71.2 acres, for the NWC of this tract. All that certain lot tract or parcel of land being a tract of 234 acres in the H. C. Hudson Survey, Abst. No. 342, heretofore conveyed by Joseph McAlister deceased, to R. W. McAlister deceased, to Arthur McAlister by deed recorded in Vol. 118, page 354, of the Deed Records of Erath County, Texas, and being that certain 234 acre tract conveyed by Arthur Mcalister to Mrs. J. A. E. McAlister by deed dated November 27, 1913. All that certain 1.23 acre tract of land, being part of Block 1 of the H. C. Hudson Survey, Abstract No. 342, in Erath County, Texas, and being also part of that 67.05 acre tract of land described in deed from S. J. Cook to Dwain Bruner et ux., Carolyn Bruner, dated December 29, 1978 and recorded in Volume 566, page 882 of the Deed Records of Erath County, Texas and described as follows: BEGINNING at an iron spike found in the centerline of Erath County road No. 256, being the SW corner of Block 1 of the H. C. Hudson survey and the SW corner of the Dwain Bruner 67.05 acre Page 12 tract, for the SW corner of this tract; THENCE N30 deg. 35'21" W. along the west line of said 67.05 acre tract, at 23.87' pass an iron rod set in the north line of said county road, continuing along a fence line in all 253.46' to an iron rod set for the NW corner of this tract; THENCE N 59 deg. 24'39" E, 208.71' to an iron rod set for the NE comer of this tract, being within an old railroad right -of -way. THENCE S 30 deg. 35'21" E, at 231.42' pass an iron rod set in the north line of Erath County Road No. 256, continuing in all 259.15' to an iron rod set in said road, being in the south line of the Dwain Bruner 67.05 acre tract, for the SE corner of this tract; THENCE S 60 deg. 58' 21" W along said county road, 208.79' to the place of beginning and containing 1.23 acres of land with 0.12 acres being within Erath County Road No. 256. All that certain 22.89 acres out of the J. B. Dupuy Survey A -196, and being same land described in various tract in Deed dated Feb. 1, 1988, from Jesse E. Ramsay, Jr., et ux, to George Barron, et ux, recorded in Vol. 737, page 354, Deed Records of Erath County, Texas, and the 22.89 acres being described as follows: Beginning at an iron rod set at the NEC of Beach Street, and SEC of Block A, Liveoak Addition to Stephenville, Texas, as shown by plat recorded in Cabinet A, Slide 186, Plat Records of Erath County, Texas, being the Westerly NWC of a certain 22.78 acre tract described in said deed to Barron, for the Westerly NWC of this tract; THENCE N. 61 -21 E. 120.0 feet to an iron rod at inner corner of the 22.78 acres, for an inner corner of this tract; THENCE N. 28 -39 W. With fence, 202.8 feet to an iron rod at corner post, at Northerly NWC of the 22.78 acres, for the Northerly NWC of this tract; THENCE with fence, N. 63 -37 E. 290.1 feet and N. 85 -05 E. 132.3 feet to an iron rod at fence comer, at a NEC of the 22.78 acres and the NWC of a certain 1.99 acre tract described in said deed to Barron, for an inner corner of this tract; THENCE N. 61 -30 E. with fence, at about 825 feet the NEC of said 1.99 acres at the SWC of a 2.05 acre tract out of the former 22.78 acres, conveyed by George H. Barron, et ux, to James Wayne Burris, et ux, by deed recorded in Vol. 472, page 31, said records, at a total distance of 1475.5 feet, a point in center of Bosque River, at the SEC of said 2.05 acre tract, from which point an iron rod in fence bears S. 61 -30 W. 35.3 feet, for the NEC of this tract; THENCE down and along center of Bosque River, as follows: S. 65 -11 E. 55.6 feet; S. 38 -38 E. 367.0 feet; and S. 85 -52 E. 147.0 feet to a point in center of River, from which point an iron rod in fence bears S. 61 -04 W. 116 feet, for the SEC of the 22.78 acre tract and the SEC of this tract; THENCE S. 61 -04 W. along fence, 2075.5 feet to an iron rod at fence corner, in South line of the 22.78 acre tract, being the SEC of a certain 1.494 acre tract described in Vol. 1, page 788, Subdivision Survey Records of Erath County, Texas, for the Southerly SWC of this tract; THENCE N. 29 -06 W. With fence, 138.0 feet to an iron rod at corner post, at a NEC of the 1.494 Page 13 acres, for an inner comer of this tract, THENCE S. 61 -28 W. with fence, 59.8 feet to an iron rod on East edge of concrete curb, for an inner corner of the 1.494 acres, and a SWC of this tract; THENCE N. 29 -32 W. 12.8 feet to an iron rod at comer of curb, for a NEC of the 1.494 acres, and an inner corner of this tract; THENCE S. 61 -42 W. Along North edge of curb, 0.3 feet to an iron rod at corner of curb, for an inner corner of the 1.494 acres and a SWC of this tract; THENCE N. 29 -27 W. along East edge of curb, 160.8 feet to an iron rod at the Northerly NEC of the 1.494 acre tract, for an inner corner of this tract; THENCE S. 61 -21 W. 79.7 feet to an iron rod at Northerly NWC of the 1.494 acre tract and NEC of Block B., Liveoak Addition, for the Westerly SWC of this tract; THENCE N. 28 -39 W. along East end of Beach Street, 50.0 feet to the place of beginning, containing 22.09 acres. BEGINNING at a steel pin set in the West right -of -way of Hwy. 108, from which point the NEC of a certain 25 acre tract out of the said J. B. Dupuy Survey, A -196, bears N. 04 -30 E. 113.3 ft. and S. 69 -30 E. 800 ft; said 25 acre tract being described in Warranty Deed dated July 8, 1941, from R. L. Ballow et ux to Erath County Electric Cooperative Association, recorded in Vol. 269, page 423, Deed Records of Erath County, Texas; for the Northern corner of this tract; THENCE S. 43 -30 E. with the West right -of -way of said Highway 281, 111.5 ft. to a concrete right - of -way marker, for corner of this tract; THENCE S. 17 -35 E. with the West right -of -way of said Highway 281, 919.2 ft. to a concrete right - of -way marker, for a corner of this tract; THENCE in a Southeasterly direction, along said right -of -way, with a curve to the right (long chord bears S. 15 -57 E. 210.5 feet) to a steel pin set in the south line of said 25 acre tract and West right -of- way of said Highway 281 for the SEC of this tract; THENCE S. 60 -28 W. along wire fence, and South line of said 25 acre tract, 605.7 ft. to a steel pin set for the SWC of this tract; THENCE N. 04 -30 E. 1462.8 ft. to the place of beginning, containing approximately 9.13 acres. All that certain 7.15 acre tract of land, being part of the J. B. Dupuy Survey, Abstract No. 196, in Erath County, Texas, being all that certain 7.145 acre tract of land described in deed from Louis B. Wyburn et ux to Steve D. Monson et ux, dated November 21, 1983 and recorded in Volume 638, page 490 of the Deed Records of Erath County, Texas, with said 7.145 acre tract being part of a 57.24 acre tract described in deed from William L. Hollingsworth et ux to Louis B. Wybum et ux, and recorded in Volume 380, page 57 of the Deed Records of Erath County, Texas and described as follows: BEGINNING at an iron rod found in the west right -of -way line of FM Highway No. 108 (Loop 179) being in the NE corner of the Steve D. Monson 7.145 acre tract and the SE corner of a 9.138 acre tract described in deed from James T. Hollingsworth to John L: Hollingsworth, dated January 12, 1989 and recorded in Volume 761, page 206 of the Deed Records of Erath County, Texas, for the NE corner of this tract, from which the NW corner of said 57.24 acre tract bears N 29 deg. 50'W, 272.84' and S 58 deg. 16'W, 1583.8'; Page 14 THENCE S 29 deg. 50'E along the west line of FM Highway No. 108, 245.40' to an iron rod found at the SE comer of said 7.145 acre tract and the NE corner of a 3.240 acre tract described in deed from Jerald King et ux to Johnny W. King et ux, dated August 4, 1989 and recorded in Volume 776, page 258 of the Deed Records of Erath County, Texas, for the SE corner of this tract; THENCE S 58 deg. 15'35" W, partly along or near a fence line, at 1146.86' pass an iron pipe found, continuing in all 1183.82' to the NW comer of said 3.240 acre tract and the SW corner of said 7.145 acre tract, being in the centerline of the Bosque River, for the SW corner of this tract; All that certain 3.240 acres of land, more or less, out of the J. B. Dupuy Survey, A -196, and being part of a former 57.24 acre tract conveyed to Louis B. Whybum, et ux, by deed recorded in Vol. 380, page 57, Deed Records of Erath County, Texas, and being the N/2 of a certain 6.280 acre tract described in Deed dated Oct. 11, 1984, from James T. Hollingsworth, et ux, to Johnny W. King, et ux, recorded in Vol. 645, page 176, said records, and the 3.240 acres being described as follows: BEGINNING at an iron rod set in Westerly right -of -way of FM Highway No. 108, at the NEC of said King 6.480 acre tract, for the NEC of this tract; THENCE S. 29 -54 -40 E. with highway right -of -way, 120.28 feet to an iron rod set in East line of the 6.480 acres, for the SEC of this tract; THENCE S. 58 -11 -20 W. with staked line, 1164.14 feet to a point in center of Bosque River, at the West line of said 6.480 acres, for the SWC of this tract; THENCE up and along center of Bosque River, N. 39 -15 W. 121.24 feet to a point in centerline, from which point an iron rod bears N. 58 -11 -20 E. 56.4 feet, for the NWC of the 6.480 acres, and the NWC of this tract; THENCE N. 58 -11 -20 E. 1183.82 feet to the place of beginning. All that certain 3.240 acres out of the J. B. Dupuy Survey, A -196, and being part of a former 57.24 acre tract conveyed to Louis B. Whybum, et ux, by deed recorded in Vol. 380, page 57, Deed Records of Erath County, Texas, and being the S/2 of a certain 6.480 acre tract describedin Deed dated Oct. 11, 1984, from James T. Hollingsworth, et ux to Johnny W. King, et ux, recorded in Vol. 645, page 176, said records, and the 3.240 acres being described as follows: BEGINNING at an iron rod set in Westerly right -of -way of FM Highway No. 108, at the SEC of said King 6.480 acre tract, for the SEC of this tract; THENCE S. 57 -55 -58 W. 1140.94 feet to a point in center of Bosque River, from which point an iron rod bears N. 57 -55 -58 E. 61.7 feet, for the SWC of the King 6.480 acres, and the SWC of this tract; THENCE up and along center of Bosque River, N. 46 -47 W. 25.7 feet, and N. 39 -15 W. 100.86 feet to a point in centerline, for West line of said 6.480 acres, and the NWC of this tract; THENCE N. 58 -11 -20 E. with staked line, 1164.14 feet to an iron rod set in Westerly right -of -way of highway, for East line of the 6.480 acres, and the NEC of this tract; THENCE S. 29 -54 -40 E. with highway right -of -way, 70.83 feet to a concrete right -of -way marker, for a corner of this tract; THENCE with highway right -of -way, along a curve to the left, having a radius of 1971.79 feet and central angle of 01 deg. 25 min. 22 sec., an arc distance of 18.96 feet (long chord bears S. 30 -29 -24 E. 48.96 feet) to the place of beginning, containing 3.240 acres. s Page 15 All that certain 5.093 acres, more or less, out of the J. B. Dupuy Survey, Abst. No. 196, Erath County, Texas, and being part of a former 57.24 acre tract described in Deed dated April 1, 1961 from William L. Hollingsworth et ux to Louis B. Whyburn et ux, recorded in Volume 380, page 57, Deed Records of Erath County, Texas, and the 5.093 acres being described as follows: BEGINNING at an iron rod set in the West right -of -way of FM Highway No. 108, being N. 58 deg. 11 min 20 see. E. 1583.8 ft. And S. 29 deg. 54 min. 40 sec. E. 709.60 ft. And S. 30 deg. 29 min 24 sec E. 48.96 ft. from the NWC of said 57.24 acre tract, for the NEC of this tract; THENCE with highway right -of -way, along a curve to the left, having a radius of 1971.79 ft. And central angle of 06 deg. 06 min 28 sec, an arc distance of 210.20 ft. (long chord bears S. 34 deg. 15 min 15 sec E. 2 10. 10 ft) to an iron rod set for the SEC of this tract; THENCE S. 58 deg. 56 min W. 1031.6 ft to a point in center of Bosque River, from which point an iron rod bears N. 58 deg 56 min E. 40.2 ft, for the West line of said 57.24 acre tract, and the SWC of this tract; THENCE up and along center of river, as follows: N. 87 deg. 30 min W. 99.5 ft. And N. 46 deg. 47 min W. 140.0 ft. to a point in center of river, from which point an iron rod bears N. 57 deg. 55 min 58 see E. 61.7 ft. For the NWC of this tract; THENCE N. 57 deg. 55 min 58 sec E. 1140.94 ft. to the place of beginning. All that 6 1. 10 acre tract, being the south part of that 75.45 acres of land, part of the Henry Pearson Survey, Abst. No. 613, in Erath County, Texas, about 2 % miles S. 60 W. from Stephenville, and being the West half of the Harrison North 150.9 acre Block No. 8, described in the deed from J. E. Standifer and wife recorded in Vol. V, page 589 and described as follows: BEGINNING N. 30 W. 5.4 varas and S. 59 -50 W. 460 varas from the S. E. Corner of the North half of said Pearson survey, for S.E.C. of this, in North line of State Highway No. 10, a pile of rock from which a post oak bears S. 48 W. 5 -1/3 varas; THENCE N. 30 W. 922 vrs. to North line of said 150.9 acres from which live oak bears West 34 -1/2 vrs; THENCE S. 59 W. 465 vrs. to NWC. of said 150.9 acre, in middle of road, from which a post oak marked `X' brs. N. 2 % W. 26.1 vrs; THENCE S. 30 E. 914 vrs, to North line of State Highway No. 10, a pile of rock; THENCE N. 59 -50 E. 465 vrs, with north line of said Highway to the place of beginning, as surveyed by McKewn Johnstone, County Surveyor, Sept. 12, 1927. Also, all that 1 -1/20 acre of land, being 18 feet off of the West side of the East half of the Harrison North 150.9 acre Subdivision or Block No. 8 of the Henry Pearson Survey in Erath County, Texas, and described as follows: BEGINNING at the S. W. Comer of said East half of 75.45 acres as described in the deed from R. L North and wife to Hattie Morrow recorded in Vol. 212, page 87, records of Erath County, Texas; THENCE N. 59- 50 E. 18 feet with North line of State Highway No. 10; THENCE N. 30 W. 922 vrs. to north line of said 75.45 acres; THENCE S. 59 W. 18 feet to N.W. Corner of said 75.45 acres; THENCE S. 30 E. 922 varas to the place of beginning, together with the one -half interest in the five foot wire wolf and poultry-proof fence on the east line thereof; Being the same lands conveyed to Jess Cox by G. E. Ray and wife by deed dated Dec. 12, 1929, recorded in Vol. 221, page 437 of the Deed Records of Erath County, Texas, except since said conveyance a small acreage has been taken from the south side of the above described tract of land by widening State Highway No. 10, as shown by the deed to the State recorded Vol. 239, page 578, 63/100 of an acre of which is taken from the above description, leaving 75.87 acres hereby conveyed containing 624.195 acres of land, more or less. Page 16 I " INDUSTRIAL DISTRICT" i Being 15.00 acres out of Block 1, Wm. Motley Survey, A -515, and described as follows: BEGINNING at an iron rod set at fence comer, at the SEC of the Wm. Motley Survey A -515, being the SEC of a former 71.2 acre tract in Block 1, said survey, described as 2nd. Tract in Deed dated October 28, 1939, from H. M. Everett, et ux, to Chas. Neblett, Jr., Trustee, recorded in Vol. 260, Page 75, Deed Records of Erath County, Texas, for the SEC of this tract; THENCE S 60 -00 W. With fence, and South line of said Motley Survey, 724.7 feet to an iron rod set in South line of said 71.2 acres for the SWC of this tract; THENCE N 29 -45 W. Across pasture, 901.6 feet to an iron rod set for the NWC of this tract; THENCE N 60 -00 E across pasture, 724.7 feet to an iron rod set in fence, on East line of the Motley Survey and East line of said 71.2 acres, for the NEC of this tract; THENCE S 29 -45 E with fence, 901.6 feet to the Place of Beginning, containing 15.00 acres. Being 14.89 acres out of Blk. 1, Wm. Motley Survey, A -515, and described as follows: BEGINNING at an iron rod set at fence, on the East line of the Wm. Motley Survey, A -515, from which point the SEC of said Motley Survey, and SEC of a former 71.2 acre tract in Blk. 1, said Survey, described in Deed dated October 28, 1939, from H. M. Everett, et ux, to Chas. Neblett, Jr., Trustee, recorded in Vol. 260, Page 75, Deed Records of Erath County, Texas, bears S. 29 -45 E. 901.6 feet, for the SEC of this tract; THENCE S 60 -00 W across pasture, 724.7 feet to an iron rod set for the SWC of this tract; THENCE N 29 -45 W across pasture, 965.8 feet to an iron rod set in southerly right -of -way of G.C. & S.F. R.R., for the NWC of this tract; THENCE with railroad right -of -way, and with fence, as follows: N 73 -39 E. 224.5 feet; N 59 -43 E. 100.7 feet; and N. 73 -25 E/ 418.5 feet to an iron rod at fence corner, for the NEC of said Neblett 71.2 acres, and the NEC of this tract; THENCE with fenced East line of the Motley Survey, as follows: S 29-36E. 479.6 feet; S. 28 -38 E. 32.3 feet; and S 29 -46 E. 39.3 feet to the Place of Beginning containing 14.89 acres. BEGINNING at a point in the existing south city limit line, being N 60 deg WE a distance of 200 feet from the existing center of the north -south runway located at the Stephenville Municipal THENCE S 30 deg. WE a distance of 1900 feet to a point for corner; THENCE S 60 deg. 00'W a distance of 550 feet to a point for comer; THENCE N 30 deg 00'W a distance of 1900 feet to a point for corner; THENCE N 60 deg WE a distance of 550 feet to the POINT OF BEGINNING and containing (1,045,000 sq. ft.) 24.0 acres of land, more or less. BEING a 4.4 acre tract of land located in the M. Roberts Survey, Abstract No. 640, Erath County, Texas and being more particularly described as follows: BEGINNING at a point in the existing east city limit line, being N 30 deg 00'W a distance of 195 feet from the existing center of the east -west runway of the Stephenville Municipal Airport; THENCE N 35 deg WE a distance of 550 feet to a point for corner; THENCE S 30 deg. WE a distance of 385 feet to a point for corner; THENCE S 35 deg. 00'W a distance of 550 feet to a point for corner. Page 17 THENCE N 30 deg. 00'W a distance of 385 feet to the POINT OF BEGINNING and containing (191,912 sq. ft.) 4.4 acres of land, more or less. - BEING a 24.0 acre tract of land located in the M. Roberts Survey, Abstract No. 640, Erath County, Texas and being more particularly described as follows: BEGINNING at a point in the existing south city limit line, being N 60 deg WE a distance of 200 feet from the existing center of the north -south runway located at the Stephenville Municipal THENCE S 30 deg. WE a distance of 1900 feet to a point for corner; THENCE S 60 deg. 00'W a distance of 550 feet to a point for corner; THENCE N 30 deg 00'W a distance of 1900 feet to a point for corner; THENCE N 60 deg 00' E a distance of 550 feet to the POINT OF BEGINNING and containing (1,045,000 sq. ft.) 24.0 acres of land, more or less containing 58.29 acres of land more or less. and they are hereby zoned to the permanent zoning classifications of R -3 "MULTIPLE FAMILY RESIDENTIAL DISTRICT" B -1 "Neighborhood Business District ", B -2 "Secondary and Highway Business District ", I "Industrial District ", and AG "Agricultural District", in accordance with the Zoning Ordinance of the City of Stephenville PASSED AND APPROVED this the 3rd day of February, 1998. � Jo ollan, Mayor ATTEST: Cindy Staf d, City e\cret Reviewed by Donald B. Davis, City Administrator Di Randy Thomas, City Attorney Approved as to form and legality Page 18 ORDINANCE NO. 1998 -2 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF R -1 "SINGLE FAMILY DWELLING DISTRICT" TO `B =2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: That certain land in the City of Stephenville being N. 108.67' x 390.91' of Lot 30; Block 35; South Side Addition, Erath County, Texas. and it is hereby rezoned and the zoning classification changed from the classification of R -1 "Sinele Family Dwelling g istrict" to B -2 "Secondary and Highway Business District ", in accordance with the Zoning Ordinance of the City of Stephenville. PASSED AND APPROVED this the 3rd day of February, 1998. 1 ollan, Mayor ATTEST: r e��ILU� Cindy St ord, C4 Sec y Qt*W 4z� 4w,4 Reviewed by Donald B. Davis, City Administrator Approved as to form and legality Randy Thomas, City Attorney ORDINANCE NO. 1998 -3 AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF STEPHENVILLE, PREVIOUSLY ADOPTED BY ORDINANCE NO. 1991 -12 APPROVED BY THE CITY COUNCIL ON JUNE 4, 1991, AMENDED BY ORDINANCE NO. 1995 -27 APPROVED BY THE CITY COUNCIL ON SEPTEMBER 5, 1995, BY ESTABLISHING POLICIES AND PROCEDURES FOR STREET IMPROVEMENTS AND ASSESSMENTS IN CITIES HAVING MORE THAN 1,000 INHABITANTS, IN ACCORDANCE WITH CHAPTER313, VERNON'S TEXAS CODES ANNOTATED - TRANSPORTATION CODE. WHEREAS, Vernon's Texas Codes Annotated, provides criteria for assessment of the cost of constructing, reconstructing, repairing and realigning curbs, gutters and sidewalks and pavement of streets, and WHEREAS, the City Council of the City of Stephenville wishes to provide policies and procedures for street improvements and assessments in accordance with the criteria established in Chapter 313, Vernon's Texas Codes Annotated - Transportation Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: The subdivision regulations of the City of Stephenville adopted by Ordinance No. 1991 -12, and amended by Ordinance No. 1995 -27, be amended to add to SECTION 5.14 -3a 3 and 3c. This Ordinance shall become effective on the third day of February, 1998. PASSED AND APPROVED, on this the third day of February, 1998. (J'404 �2L - John Ilan, Mayor ATTEST: Cindy L. Stafford, City Secretary Reviewed by Donald B. Davis, City Administrator Randy Thomas, City Attorney SECTION 5.14 STREETS 3. Responsibility for Installation a. Internal Streets 1) The Subdivider shall be responsible for the construction of all streets within his subdivision at his own expense. 2) The subdivider shall, at his own cost, dedicate such right -of -way for streets and construction such streets of such a size as required in Article V, Table 5.5 of Section 5.14 herein so as to adequately serve the area being subdivided. 3) The City may participate is the cost of construction of major collector (90' minimum right -of -way) and minor arterial (120' minimum right -of -way) streets when the Comprehensive Master Plan Thoroughfare Plan requires a street of greater width than required for the subdivision being developed, in accordance with the City's Functional Street Classification Plan. The City may participate in the cost of major collector and minor arterial streets for pavement widths exceeding fifty (50 ) feet. b. Perimeter Streets Where the proposed subdivision is located adjacent to a substandard road or street within the City and it is deemed not feasible to improve said road or street at the time of development of the subdivision, the subdivider or developer shall pay to the City a fee equal to one -half (' /z) the cost of improvements required to meet City standards (including, but not limited to, excavation, subgrade preparation, paving, drainage facilities, utility adjustments and engineering) and dedicate the necessary right -of -way for said road or street as a condition precedent to the acceptance of the subdivision improvements by the City for maintenance purposes. No building permits shall be issued until all fees have been paid. The estimate of the cost of said improvement shall be determined by the Director of Public Works and made available to the subdivider. The fees shall be placed by the City into a street improvement escrow fund, and shall be specifically reserved and used for the improvement of said road or street. When a thoroughfare is improved adjacent to the subdivision, there shall not be a curb and gutter assessment levied by the City against the property for which the fee was collected. If the improvement to the road or street does not occur within twenty (20) years from the date the fee is placed on deposit with the City, the fee, including any interest earned thereon, shall be returned to the property owners of record at that time. s Assessment paving Dolick. 1. Where a portion of the cost of paving is proposed to be assessed against the property owners, the procedure to be followed shall be in accordance with Chapter 313, Vernon's Texas Codes Annotated 2. The city at large shall pay for the prorated cost of curb, gutter and pavement at intersections. See Illustration R 3 Individual consideration shall be given to property which does not front on the street being improved, with such cases to be referred to the city council for any special action that seems justr; fled regarding deviation from standard policies. 4. Property owners shall pay the entire cost of streets paved to a greater width than required by the city if so approved by the city council 5. Widening for traffic channelization purposes beyond the normal roadway width on the project shall not be assessed See Illustration C. 6. Deviations from standard policy. Any deviation from standard policy, as stated herein and illustrated on the attached illustrations, or any situation which is not covered in the standard policy shall be called to the attention of the city council prior to or during the assessment paring benefit hearing. 31-45' ROADWAY 15' -6' to 22'- 6'-- }-- ]5' -6' to 22' -6' URB AND GUTTER AVEMENT 66' ROADWAY --j 16, 2`' — CL!P.B AND GLITTER ED1E1,17 LAVE ME['jT E_7DV_ P AND TURN LANE -_ _., 25' 1 a0' i 25' URB AND GUTTER i LP PAVEMEN_ AVEMENT CROSSOVER AND TURN LANE 777 ASSESSED AGAINST PROPERTY OWNERS cFPONT FOD7 ASSESSMENT RATE DETERMINED BY BID PRICES FOR CUPID, GUT7EP, AND PAVING, INCLUDING EXCAVATION) CITY'S COST CITY [IF S T EPHENVIL_L_E ASSESSMENT PAVING STANDARDS JANUARY 1998 ILLUSTRATION -A I ASSESSED AGAINST PROPERTY OWNERS o! CITY'S COST CITY OF STEPHENVILLE ASSESSMENT PAVING STANDARDS JANUARY 1998 ILLUSTRATION -B CHANNELIZED INTERSECTION ASSESSED ACA1!'JS T PROPERTY OWNERS CITY'S COST CITY ❑F STEPHENVI_LLE ASSESSMENT PAVING STANDARDS JAN UAPY 1998 ILLUSTRA T ION -C I %.� ASSESSED AGAINST J P EPERTY OWNERS CITY "S COST CITY CE C T EPHENVILLE Accc.,v,PNT PA\/TNG STANDARDS J °NLIA.P.Y 2998 ILLUSTRATION -B CHANNELIZED INTERSECTION 7 1, S S E S S LE -P PROPERTY 0 \111" NIE R S CITY'S C 71 S I - T STS ILLE TY Ol FF' S T E ASSE, SSMENT PAVING STANDARD` IAC)V 1 L L US TRAT IDN-C