Res 2023-020 approving a first amended and restated Development Agreement with Franklin Mountain San Marcos 1, LP, in connection with the Development Case No. PDA-22-07; SMART Terminal

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DESCRIPTION OF TRACT ONE-1213.119 ACRES BEING a 1213.119 acre tract of land situated in the William Pettus Survey,Abstract No.21,City of San Marcos, Caldwell County,Texas; and containing the following tracts of land described in instruments to Franklin Mountain San Marcos I, LP and recorded in the Official Public Records of Caldwell County: • all of that certain 70.046 acre Tract 1 in Document No.2021-007604; • all of that certain 765.723 Tract 2 in Document No.2021-007604; • -007604; ' Document No.2021 , ' 213.68 acre Tr act 3 to all of that certain • and all of that certain 0.956 acre tract in Document No.2021-002523; also containing the remaining portion of that certain 250 acre tract described in instrument to James A, Neumann, recorded in Volume 350, Page 279 of the Probate Records of Caldwell County;further described in Volume 200, Page 335 of the Deed Records of Caldwell County,Texas; said 250 acre remainder being all of that certain 132.794 acre tract shown on the Land Title Survey by Cross Texas Land Services, Inc.,dated 4-12-2022,and a portion of the occupied limits of Quail Run(County Road); also containing a portion of the street right-of-way of F.M. Highway No. 1984(80 feet wide); - described in instrume nt to Has Count Texas, also containing all of that certain 15.658 ac re Parcel 21 N Part 1 des n Y Y� recorded in Document No. 2018-005995 of the Official Public Records of Caldwell County, and a portion that certain 15.658 acre Parcel 21 N-Part 1 described in instrument to Hays County,Texas, recorded in Document No.2018- 005995;both parcels being a portion of the proposed street right-of-way of F.M. Highway 110; and Save and Except that certain 2.952 acre tract described in instrument to Blue Bonnet Electric Cooperative, recorded in Volume 447, Page 141 of the Caldwell County Official Public Records; and being more particularly described as follows: BEGINNING at a point situated on the southerly boundary of the M.K.T. Railroad (100 feet wide)marking the northwest corner of the said 765.723 acre tract of the herein described tract; THENCE,along the northerly and northeasterly boundary of said 765.723 acre tract the following seven(7)courses and distances: 1. South 87°57'24"East,4852.25 feet along the said southerly boundary to a paint for corner; 2. South 41°49'02" East,705.95 feet to a point for corner; 3. North 48"37'37"East,740.60 feet to a point for corner; 4. South 87°57'24"East, 1686.33 feet to a point for corner; 5. South 02'11'42"West,64.07 feet to a point for corner; 6. South 72*32'13"East,941.38 feet to a point for corner; 7. South 42'18'08"East,539.12 feet crossing aforesaid F.M. Highway 1984 to a point for corner; THENCE, South 48*59'16"West,595.72 feet along the southeasterly right-of-way line of said F.M. Highway 1984 to a point marking the north corner of the aforesaid 213.68 acre tract,and an interior corner of the herein described tract; THENCE,along the boundary of the said 213.68 acre tract the following four(4)courses and distances: 1. South 40'58'18" East,2944.59 feet to a point for comer; 2. North 49°22'55"" East,486.66 feet to a point for corner; 3. South 13°50'38"East,655.20 feet to a point for corner; 4. South 16°08'31" East, 819.56 feet to a point for corner; THENCE,along the boundary of the aforesaid 132.794 acre tract and C.R.Quail Run the following sixteen (16) course and distances: 1. South 26°21'25"East,668.49 feet to a point for corner; 2. South 39°32'46"East,241.14 feet to a point for corner; 3. South 43°45'54"West, 190.62 feet to a point for corner; 4. South 22°49'51" East,255.49 feet to a point for corner; 5. South 27'1625"East, 102.46 feet to a point for corner; 6. South 50'20'25"East,99.62 feet to a point for corner; 7. South 56°28'34" East,234.92 feet to a point for corner;