Bill Text: TX SB1838 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the creation of the Cotton Center Municipal Utility District No. 2 of Caldwell County; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective immediately [SB1838 Detail]
Download: Texas-2013-SB1838-Enrolled.html
S.B. No. 1838 |
relating to the creation of the Cotton Center Municipal Utility | ||
District No. 2 of Caldwell County; providing authority to impose a | ||
tax and issue bonds; granting a limited power of eminent domain. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 8434 to read as follows: | ||
CHAPTER 8434. COTTON CENTER MUNICIPAL UTILITY DISTRICT NO. 2 OF | ||
CALDWELL COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8434.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Cotton Center Municipal | ||
Utility District No. 2 of Caldwell County. | ||
Sec. 8434.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8434.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 8434.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8434.003 | ||
until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district. | ||
Sec. 8434.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a municipal utility district as provided by | ||
general law and Section 59, Article XVI, Texas Constitution; and | ||
(2) Section 52, Article III, Texas Constitution, that | ||
relate to the construction, acquisition, improvement, operation, | ||
or maintenance of macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8434.006. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
Sec. 8434.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT | ||
REINVESTMENT ZONE. (a) The district is eligible to be included in | ||
a tax increment reinvestment zone created under Chapter 311, Tax | ||
Code. | ||
(b) If the City of Martindale creates a tax increment | ||
reinvestment zone described by Subsection (a) that includes all or | ||
part of the territory of the district, the City of Martindale and | ||
the board of directors of the zone, by contract with the district, | ||
may grant money to the district from the tax increment fund to be | ||
used for a permissible purpose of the district, including the right | ||
to pledge the money as security for a bond or other obligation | ||
issued by the district and for any permissible purpose of a | ||
corporation under Section 380.002(b), Local Government Code. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8434.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8434.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8434.052. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Brandon D. Rabe; | ||
(2) Garrod E. Huebner; | ||
(3) Brendan K. Puthoff; | ||
(4) Jeremy P. Poloskey; and | ||
(5) Brian J. Kaucher. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8434.003; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 8434.003 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8434.003; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8434.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8434.102. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapters 49 and 54, Water Code, | ||
applicable to municipal utility districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 8434.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may design, | ||
acquire, construct, finance, issue bonds for, improve, operate, | ||
maintain, and convey to this state, a county, or a municipality for | ||
operation and maintenance macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8434.104. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
road project must meet all applicable construction standards, | ||
zoning and subdivision requirements, and regulations of each | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the road project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 8434.105. COSTS OF ROAD PROJECT. The district may bear | ||
the cost of designing, maintaining, improving, and operating a road | ||
in the district authorized under Section 8434.103 in accordance | ||
with all applicable ordinances and rules of the political | ||
subdivision authorized to exercise jurisdiction over the road, | ||
regardless of whether the district conveys the road to this state, a | ||
county, or a municipality. | ||
Sec. 8434.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
OR RESOLUTION. (a) The district shall comply with all applicable | ||
requirements of any ordinance or resolution that is adopted under | ||
Section 54.016 or 54.0165, Water Code, and that consents to the | ||
creation of the district or to the inclusion of land in the | ||
district. | ||
(b) In addition to all the rights and remedies provided by | ||
other law, if the district violates the terms of an ordinance or | ||
resolution described by Subsection (a), the municipality is | ||
entitled to injunctive relief or a writ of mandamus issued by a | ||
court requiring the district and the district's officials to | ||
observe and comply with the terms of the ordinance or resolution. | ||
Sec. 8434.107. MUNICIPAL CONSENT. Municipal consent to the | ||
creation of the district and to the inclusion of land in the | ||
district granted under Section 8434.004 acts as municipal consent | ||
to the creation of any new district created by the division of the | ||
district and to the inclusion of land in the new district. | ||
Sec. 8434.108. EFFECT OF ANNEXATION BY CITY OF MARTINDALE. | ||
Notwithstanding Section 54.016(f)(2), Water Code, an allocation | ||
agreement between the City of Martindale and the district that | ||
provides for the allocation of the taxes or revenues of the district | ||
and the city following the date of inclusion of all the district's | ||
territory in the corporate limits of the city may provide that the | ||
total annual ad valorem taxes collected by the city and the district | ||
from taxable property in the district may exceed the city's ad | ||
valorem tax on that property. | ||
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
Sec. 8434.151. DIVISION OF DISTRICT; PREREQUISITES. The | ||
district may be divided into two or more new districts only if the | ||
district: | ||
(1) has never issued any bonds; and | ||
(2) is not imposing ad valorem taxes. | ||
Sec. 8434.152. LAW APPLICABLE TO NEW DISTRICT. This | ||
chapter applies to any new district created by division of the | ||
district, and a new district has all the powers and duties of the | ||
district. | ||
Sec. 8434.153. LIMITATION ON AREA OF NEW DISTRICT. A new | ||
district created by the division of the district may not, at the | ||
time the new district is created, contain any land outside the area | ||
described by Section 2 of the Act enacting this chapter. | ||
Sec. 8434.154. DIVISION PROCEDURES. (a) The board, on its | ||
own motion or on receipt of a petition signed by the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district, may adopt an order dividing the district. | ||
(b) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
8434.003 to confirm the district's creation. | ||
(c) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the new districts. | ||
(d) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
Sec. 8434.155. CONFIRMATION ELECTION FOR NEW DISTRICT. | ||
(a) A new district created by the division of the district shall | ||
hold a confirmation and directors' election as required by Section | ||
8434.003. | ||
(b) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
Sec. 8434.156. TAX OR BOND ELECTION. Before a new district | ||
created by the division of the district may impose a maintenance tax | ||
or issue bonds payable wholly or partly from ad valorem taxes, the | ||
new district must hold an election as required by this chapter to | ||
obtain voter approval. | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8434.201. ELECTIONS REGARDING TAXES OR BONDS. | ||
(a) The district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 8434.203. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes. | ||
(c) The district may not issue bonds payable from ad valorem | ||
taxes to finance a road project unless the issuance is approved by a | ||
vote of a two-thirds majority of the district voters voting at an | ||
election held for that purpose. | ||
Sec. 8434.202. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8434.201, the district | ||
may impose an operation and maintenance tax on taxable property in | ||
the district in accordance with Section 49.107, Water Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 8434.203. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8434.251. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 8434.252. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 8434.253. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SECTION 2. The Cotton Center Municipal Utility District | ||
No. 2 of Caldwell County initially includes all the territory | ||
contained in the following area: | ||
DESCRIPTION | ||
OF A 352.8 ACRE TRACT OF LAND SITUATED WITHIN THE CITY OF MARTINDALE | ||
ETJ AND WITHIN THE CITY LIMITS OF THE CITY OF MARTINDALE, BEING OUT | ||
OF THE WILLIAM PETTUS LEAGUE, ABSTRACT NO. 21; SAID 352.8 ACRES | ||
BEING A PORTION OF THAT CERTAIN 573.65 ACRE TRACT OF LAND, CALLED | ||
TRACT 1, THAT CERTAIN 51.72 ACRE TRACT OF LAND, CALLED TRACT 2 AND A | ||
PORTION OF THAT CERTAIN 86.45 ACRE TRACT OF LAND, CALLED TRACT 3, | ||
CONVEYED TO WALTON TEXAS LP BY DEED OF RECORD IN VOLUME 524, PAGE | ||
599 OF THE OFFICIAL PUBLIC RECORDS OF CALDWELL COUNTY, TEXAS; SAID | ||
352.8 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED IN FIVE (5) | ||
PARTS BY METES AND BOUNDS AS FOLLOWS: | ||
PARCEL 1 - 172.5 ACRES | ||
COMMENCING, at a point in the southeasterly line of that certain | ||
150 acre tract of land conveyed to John MacMauldin by Deed of record | ||
in Volume 359, Page 673 of said Official Public Records, being in | ||
the northwesterly line of said Walton Tract 1, at the intersection | ||
with the City of Martindale City Limit Line, same being the westerly | ||
most corner of a future 5 foot wide City of Martindale Annexation | ||
Strip (not yet of record), from which the southwesterly corner of | ||
said Walton Tract 1 bears, S49°05'19"W, a distance of 533.94 feet; | ||
THENCE, N49°05'19"E, leaving said City of Martindale City Limit | ||
Line, along a portion of the southeasterly line of said 150 acre | ||
tract of land, being a portion of the northwesterly line of said | ||
Walton Tract 1, also being the northwesterly line of said future | ||
5 foot wide City of Martindale Annexation Strip, a distance of | ||
307.94 feet to the northerly corner of said future 5 foot wide City | ||
of Martindale Annexation Strip, for the POINT OF BEGINNING and for | ||
the westerly corner hereof; | ||
THENCE, N49°05'19"E, leaving the northerly corner of said future | ||
5 foot wide City of Martindale Annexation Strip, continuing along a | ||
portion of the southeasterly line of said 150 acre tract of land, | ||
being a portion of the northwesterly line of said Walton Tract 1, | ||
for the northwesterly line hereof, a distance of 2707.52 feet to a | ||
point at the intersection with the common line of the City of | ||
Martindale ETJ and the City of San Marcos 3.5 Mile ETJ, for the | ||
northerly corner hereof; | ||
THENCE, leaving the southeasterly line of said 150 acre tract of | ||
land, over and across said Walton Tract 1, along said common line of | ||
the City of Martindale ETJ and the City of San Marcos 3.5 Mile ETJ, | ||
for the northeasterly line hereof, the following four (4) courses | ||
and distances: | ||
1) S65°05'35"E, a distance of 871.31 feet, for an angle point | ||
hereof; | ||
2) N69°38'20"E, a distance of 374.12 feet, for an angle point | ||
hereof; | ||
3) S69°22'30"E, a distance of 631.48 feet to the point of curvature | ||
of a curve to the right; | ||
4) Along said curve, having a radius of 2746.11 feet, a central | ||
angle of 26°52'25", an arc length of 1288.01 feet and a chord which | ||
bears, S53°46'19'E, a distance of 1276.24 feet to a point of | ||
intersection with the curving northwesterly right-of-way line of | ||
State Highway 142 (R.O.W. varies), being the southeasterly line of | ||
said Walton Tract 1, for the easterly corner hereof; | ||
THENCE, leaving said common line of the City of Martindale ETJ and | ||
the City of San Marcos 3.5 Mile ETJ, along a portion of the | ||
northwesterly right-of-way line of State Highway 142, being a | ||
portion of the irregular southeasterly line of said Walton Tract 1, | ||
for a portion of the irregular southeasterly line hereof, the | ||
following three (3) courses and distances: | ||
1) Along a non-radial compound curve, having a radius of 11389.16 | ||
feet, a central angle of 00°37'29", an arc length of 124.18 feet and | ||
a chord which bears, S49°46'55'W, a distance of 124.18 feet to the | ||
end of said curve; | ||
2) S50°05'40"W, a distance of 792.65 feet, for an angle point | ||
hereof; | ||
3) S50°01'18"W, a distance of 1284.94 feet to a point for the | ||
easterly corner of that certain 9.45 acre tract of land having been | ||
conveyed to Frank L. Caldwell by Deed in Volume 464, Page 657 of | ||
said Official Public Records, being an angle point in said | ||
irregular easterly line of said Walton Tract 1 and for an angle | ||
point hereof; | ||
THENCE, leaving the northwesterly right-of-way line of State | ||
Highway 142, along the easterly, northwesterly and a portion of the | ||
southwesterly lines of said 9.45 acre tract of land, being a portion | ||
of the irregular southeasterly line of said Walton Tract 1, for a | ||
portion of the irregular southeasterly line hereof, the following | ||
seven (7) courses and distances: | ||
1) N14°04'46"W, a distance of 440.12 feet, for an angle point | ||
hereof; | ||
2) N32°41'40"E, a distance of 106.61 feet, for an angle point | ||
hereof; | ||
3) N38°55'44"W, a distance of 302.19 feet, for an angle point | ||
hereof; | ||
4) S55°29'57"W, a distance of 241.11 feet, for an angle point | ||
hereof; | ||
5) S04°06'18"E, a distance of 153.18 feet, for an angle point | ||
hereof; | ||
6) S52°13'29"W, a distance of 397.30 feet, for an angle point | ||
hereof; | ||
7) S40°43'27"E, a distance of 349.03 feet to a point for the | ||
northerly corner of that certain 0.97 acre tract of land having been | ||
conveyed to Hilmer and Frances Bierstedt by Deed in Volume 241, | ||
Page 303 of said Official Public Records, for an angle point in the | ||
irregular southeasterly line of said Walton Tract 1 and for an angle | ||
point hereof; | ||
THENCE, leaving the southwesterly line of said 9.45 acre tract of | ||
land, along the northwesterly and southwesterly lines of said 0.97 | ||
acre tract of land, being a portion of the irregular southeasterly | ||
line of said Walton Tract 1, for a portion of the irregular | ||
southeasterly line hereof, the following two (2) courses and | ||
distances: | ||
1) S46°11'36"W, a distance of 141.88 feet, for an angle point | ||
hereof; | ||
2) S40°58'24"E, a distance of 311.98 feet to a point in said | ||
northwesterly right-of-way line of State Highway 142, being the | ||
southerly corner of said 0.97 acre tract of land, for an angle point | ||
in the irregular southeasterly line of said Walton Tract 1 and for | ||
an angle point hereof; | ||
THENCE, S48°50'31"W, leaving the southerly corner of said 0.97 acre | ||
tract of land, along said northwesterly right-of-way line of State | ||
Highway 142, being the irregular southeasterly line of said Walton | ||
Tract 1, for a portion of the irregular southeasterly line hereof, | ||
a distance of 19.66 feet to the intersection with the northeasterly | ||
line of said future 5 foot wide City of Martindale Annexation | ||
Strip, for the southerly corner hereof; | ||
THENCE, leaving the northwesterly right-of-way line of State | ||
Highway 142, over and across said Walton Tract 1, along the | ||
northeasterly line of said future 5 foot wide City of Martindale | ||
Annexation Strip, for the southwesterly line hereof, the following | ||
two (2) courses and distances: | ||
1) N73°53'09"W, a distance of 598.09 feet, for an angle point | ||
hereof; | ||
2) N62°58'50"W, a distance of 2379.20 feet to the POINT OF | ||
BEGINNING, and containing an area of 172.5 acres of land, more or | ||
less, within these metes and bounds. | ||
PARCEL 2 - 42.6 ACRES | ||
BEGINNING, at a point in the southeasterly line of that certain | ||
150 acre tract of land conveyed to John MacMauldin by Deed of record | ||
in Volume 359, Page 673 of said Official Public Records, being in | ||
the northwesterly line of said Walton Tract 1, at the intersection | ||
with the City of Martindale City Limit Line, same being a point for | ||
the westerly most corner of a future 5 foot wide City of Martindale | ||
Annexation Strip (not yet of record), for an angle point in the | ||
northwesterly line hereof, from which the southwesterly corner of | ||
said Walton Tract 1 bears, S49°05'19"W, a distance of 533.94 feet; | ||
THENCE, S64°41'04"E, leaving the southeasterly line of said | ||
150 acre tract of land, over and across said Walton Tract 1, along | ||
said City of Martindale City Limit Line, same being the | ||
southwesterly line of said future 5 foot wide City of Martindale | ||
Annexation Strip, for a portion of the northwesterly line hereof, a | ||
distance of 5.46 feet to a point for southerly corner of said 5 foot | ||
wide City of Martindale Annexation Strip, for an angle point | ||
hereof; | ||
THENCE, leaving said City of Martindale City Limit Line, over and | ||
across said Walton Tract 1, along the southwesterly line of said | ||
future 5 foot wide City of Martindale Annexation Strip, for a | ||
portion of the northwesterly line and the northeasterly line | ||
hereof, the following three (3) courses and distances: | ||
1) N49°05'19"E, a distance of 302.37 feet, for the northerly corner | ||
hereof; | ||
2) S62°58'50"E, a distance of 2376.31 feet, for an angle point | ||
hereof; | ||
3) S73°53'09"E, a distance of 595.36 feet to a point in the | ||
northwesterly right-of-way line of State Highway 142 | ||
(R.O.W. varies), being the southeasterly line of said Walton Tract | ||
1, also being the southeasterly corner of said future 5 foot wide | ||
City of Martindale Annexation Strip, for the easterly corner | ||
hereof; | ||
THENCE, S48°50'31"W, leaving the southwesterly line of said future 5 | ||
foot wide City of Martindale Annexation Strip, along a portion of | ||
the northwesterly right-of-way line of State Highway 142, being a | ||
portion of the southeasterly line of said Walton Tract 1, for the | ||
southeasterly line hereof, passing at a distance of 296.21 feet | ||
said City of Martindale City Limit Line, for a total distance of | ||
440.97 feet to a point for the easterly corner of that certain 0.425 | ||
acre tract of land conveyed to Juan and Janie Parra by Deed of | ||
record in Volume 259, Page 638 of said Official Public Records, for | ||
the southerly corner hereof; | ||
THENCE, N39°18'25"W, leaving the northwesterly right-of-way line of | ||
State Highway 142, along the northeasterly line of said 0.425 acre | ||
tract of land, being a portion of the southwesterly line of said | ||
Walton Tract 1, for a portion of the southwesterly line hereof, a | ||
distance of 203.96 feet to a point for the northerly corner of said | ||
0.425 acre tract of land, for an angle point hereof; | ||
THENCE, S47°57'08"W, leaving the northerly corner of said | ||
0.425 acre tract of land, along the northwesterly line of said | ||
0.425 acre tract of land, the northwesterly line of that certain | ||
0.270 acre tract of land conveyed to Frank and Erlinda Parra by Deed | ||
of record in Volume 342, Page 129 and the northwesterly line of that | ||
certain 0.267 acre tract of land conveyed to Elbira Parra by Deed of | ||
record in Volume 527, Page 257, both of said Official Public | ||
Records, being a portion of the southwesterly line of said Walton | ||
Tract 1, for a portion of the southwesterly line hereof, a distance | ||
of 211.52 feet to a point for the northwesterly corner of said | ||
0.267 acre tract of land, same being the northerly corner of that | ||
certain 0.918 acre tract of land conveyed to B.W. Bowden | ||
Properties, Inc. by Deed of record in Volume 510, Page 401, and also | ||
being the northeasterly corner of that certain 1.035 acre tract of | ||
land conveyed to Donald W. Bagley by Deed of record in Volume 397, | ||
Page 220, both of said Official Public Records, for an angle point | ||
hereof; | ||
THENCE, N70°37'35"W, leaving the northwesterly corner of said | ||
0.267 acre tract of land, along the northeasterly line of said | ||
1.035 acre tract of land and the northeasterly line of that certain | ||
1.035 acre tract of land conveyed to Maebeth Bagley by Deed of | ||
record in Volume 501, Page 410 of said Official Public Records, | ||
being a portion of the southwesterly line of said Walton Tract 1, | ||
for a portion of the southwesterly line hereof, a distance of 444.98 | ||
feet to a point for the northwesterly corner of said 1.035 acre | ||
Maebeth Bagley tract of land, same being the northeasterly corner | ||
of that certain 0.563 acre tract of land conveyed to Sharon Peters | ||
LLC by Deed of record in Volume 525, Page 818 of said Official | ||
Public Records, for an angle point hereof; | ||
THENCE, N72°13'49"W, leaving the northwesterly corner of said | ||
1.035 acre Maebeth Bagley tract of land, along the northeasterly | ||
line of said 0.563 acre tract of land, being a portion of the | ||
southwesterly line of said Walton Tract 1, for a portion of the | ||
southwesterly line hereof, a distance of 99.83 feet to a point for | ||
the northwesterly corner of said 0.563 acre tract of land, same | ||
being the northeasterly corner of that certain 1.25 acre tract of | ||
land conveyed to Donald Walter Bagley by Deed of record in Volume | ||
397, Page 2201 of said Official Public Records, for an angle point | ||
hereof; | ||
THENCE, N64°56'19"W, leaving the northwesterly corner of said | ||
0.563 acre tract of land, along the northeasterly line of said | ||
1.25 acre tract of land, being a portion of the southwesterly line | ||
of said Walton Tract 1, for a portion of the southwesterly line | ||
hereof, a distance of 272.66 feet to a point for the northwesterly | ||
corner of said 1.25 acre tract of land, same being the northeasterly | ||
corner of that certain 0.75 acre tract of land conveyed to Robert | ||
West Bagley and Joanna Kathryn Bagley by Deed of record in Volume | ||
66, Page 63 of said Official Public Records, for an angle point | ||
hereof; | ||
THENCE, leaving the northwesterly corner of said 1.25 acre tract of | ||
land, along the northeasterly and northwesterly line of said | ||
0.75 acre tract of land, being a portion of the southwesterly line | ||
of said Walton Tract 1, for a portion of the southwesterly line | ||
hereof, the following two (2) courses and distances: | ||
1) N64°33'57"W, a distance of 155.44 feet to a point for the | ||
northwest corner of said 0.75 acre tract of land, for an angle point | ||
hereof; | ||
2) S25°06'36"W, a distance of 210.88 feet to a point in the | ||
northeasterly right-of-way line of State Highway 80 | ||
(R.O.W. varies), for the southwesterly corner of said 0.75 acre | ||
tract of land and for an angle point hereof; | ||
THENCE, N64°53'28"W, along northeasterly right-of-way line of State | ||
Highway 80, being a portion of the southwesterly line of said Walton | ||
Tract 1, for a portion of the southwesterly line hereof, a distance | ||
of 1894.95 feet to the southeasterly corner of said 150 acre tract | ||
of land, being the southwesterly corner of said Walton Tract 1, for | ||
the westerly corner hereof; | ||
THENCE, N49°05'19"E, leaving the northeasterly right-of-way line of | ||
State Highway 80, along the southeasterly line of said 150 acre | ||
tract of land, being the northwesterly line of said Walton Tract 1, | ||
for a portion of the northwesterly line hereof, a distance of 533.94 | ||
feet to the POINT OF BEGINNING, and containing an area of 42.6 acres | ||
of land, more or less, within these metes and bounds. | ||
PARCEL 3 - 51.7 ACRES | ||
BEGINNING, at a point in the southwesterly right-of-way line of | ||
State Highway 80 (R.O.W. varies), being the easterly corner that | ||
certain 1.0 acre tract of land conveyed to Bluebonnet Electric | ||
Co-operative (Record Deed not available) and also being the | ||
northerly corner of said Walton Tract 2, for the northerly corner | ||
hereof; | ||
THENCE, S64°57'52"E, leaving the easterly corner of said 1.0 acre | ||
Bluebonnet Electric Co-operative tract of land, along the | ||
southwesterly right-of-way line of State Highway 80, being the | ||
northeasterly line of said Walton Tract 2, for a portion of the | ||
northeasterly line hereof, a distance of 1821.24 feet to a point for | ||
the northerly corner of that certain 1.0 acre tract of land conveyed | ||
to Robert W. and Amanda Bagley by Deed of record in Volume 64, | ||
Page 190 of said Official Public Records, for an angle point | ||
hereof; | ||
THENCE, leaving the southwesterly right-of-way line of State | ||
Highway 80, along the northwesterly, southwesterly and a portion of | ||
the southeasterly line of said 1.0 acre Bagley tract of land, being | ||
a portion of the northeasterly line of said Walton Tract 2, for a | ||
portion of the northeasterly line hereof, the following three (3) | ||
courses and distances: | ||
1) S22°22'16"W, a distance of 207.40 feet to a point for the | ||
westerly corner of said 1.0 acre Bagley tract of land, for an angle | ||
point hereof; | ||
2) S66°39'52"E, a distance of 231.91 feet to a point for the | ||
southerly corner of said 1.0 acre Bagley tract of land, for an angle | ||
point hereof; | ||
3) N44°15'05"E, a distance of 92.60 feet to a point for the | ||
westerly corner of that certain 3.12 acre tract of land conveyed to | ||
Crown Seed USA Inc. by Deed of record in Volume 624, Page 508 of | ||
said Official Public Records, for an angle point hereof; | ||
THENCE, S42°28'23"E, leaving the southeasterly line of said | ||
1.0 acre Bagley tract of land, along the southwesterly line of said | ||
3.12 acre tract of land, being a portion of the northeasterly line | ||
of said Walton Tract 2, for a portion of the northeasterly line | ||
hereof, a distance of 470.30 feet to a point in the southwesterly | ||
line of that certain 1.04 acre tract of land conveyed to Jeffrey D. | ||
and Lori L. Caldwell by Deed of record in Volume 454, Page 825 of | ||
said Official Public Records, same being the northerly corner of | ||
that certain 2.71 acre tract of land conveyed to Crown Seed USA Inc. | ||
by Deed of record in Volume 599, Page 585 of said Official Public | ||
Records, for the easterly corner hereof; | ||
THENCE, leaving the southwesterly line of said 1.04 acre tract of | ||
land, along the northwesterly and a portion of the southwesterly | ||
line of said 2.71 acre tract of land, being a portion of the | ||
southeasterly line of said Walton Tract 2, for a portion of the | ||
southeasterly line hereof, the following two (2) courses and | ||
distances: | ||
1) S47°46'15"W, a distance of 443.05 feet to a point for the | ||
westerly corner of said 2.71 acre tract of land, for an angle point | ||
hereof; | ||
2) S40°42'01"E, a distance of 97.89 feet to a point for the | ||
northerly corner of that certain 0.919 acre tract of land conveyed | ||
to David E. and Deanna M. Murdoch by Deed of record in Volume 146, | ||
Page 646 of said Official Public Records, for an angle point | ||
hereof; | ||
THENCE, S48°17'46"W, leaving the southwesterly line of said | ||
2.71 acre tract of land, along the northwesterly line of said 0.919 | ||
acre tract of land, being a portion of the southeasterly line of | ||
said Walton Tract 2, for a portion of the southeasterly line hereof, | ||
a distance of 188.79 feet to a point for the westerly corner of said | ||
0.919 acre tract of land, same being the northerly corner of that | ||
certain 0.54 acre tract of land conveyed to Frank Rodriguez Jr. by | ||
Deed of record in Volume 335, Page 120 of said Official Public | ||
Records, for an angle point hereof; | ||
THENCE, S48°12'41"W, leaving the westerly corner of said 0.919 acre | ||
tract of land, along the northwesterly line of said 0.54 acre tract | ||
of land and the northwesterly line of that certain 0.475 acre tract | ||
of land conveyed to George Jr. and Wanda Gail Rasmussen by Deed of | ||
record in Volume 520, Page 498 of said Official Public Records, | ||
being a portion of the southeasterly line of said Walton Tract 2, | ||
for a portion of the southeasterly line hereof, a distance of 218.54 | ||
feet to a point for the westerly corner of said 0.475 acre tract of | ||
land, same being an easterly corner of that certain 1.594 acre tract | ||
of land conveyed to Mitchell Todd Warner by Deed of record in | ||
Volume 291, Page 767 of said Official Public Records, for the | ||
southerly corner hereof; | ||
THENCE, leaving the westerly corner of said 0.475 acre tract of | ||
land, along a portion of the northeasterly and the northwesterly | ||
line of said 1.594 acre tract of land, being a portion of the | ||
southwesterly line of said Walton Tract 2, for a portion of the | ||
southwesterly line hereof, the following two (2) courses and | ||
distances: | ||
1) N42°36'27"W, a distance of 295.13 feet to a point for the | ||
northerly corner of said 1.594 acre tract of land, for an angle | ||
point hereof; | ||
2) S50°02'58"W, a distance of 92.21 feet to a point for the | ||
northerly corner of that certain 0.982 acre tract of land conveyed | ||
to John Mark and Kristine Joanne Caldwell by Deed of record in | ||
Volume 464, Page 696, same being the easterly corner of that | ||
certain 0.92 acre tract of land conveyed to E & T Real Estate LLC by | ||
Deed of record in Volume 640, Page 124, both of said Official Public | ||
Records, for an angle point hereof; | ||
THENCE, N50°25'05"W, leaving the northerly corner of said | ||
0.982 acre tract of land, along the northeasterly line of said | ||
0.92 acre tract of land, being a portion of the southwesterly line | ||
of said Walton Tract 2, for a portion of the southwesterly line | ||
hereof, a distance of 132.17 feet to a point for the northerly | ||
corner of said 0.92 acre tract of land, same being the easterly | ||
corner of that certain 1.8084 acre tract of land conveyed to John | ||
and Debbie Newby by Deed of record in Volume 629, Page 6 of said | ||
Official Public Records, for an angle point hereof; | ||
THENCE, N50°17'14"W, leaving the northerly corner of said 0.92 acre | ||
tract of land, along the northeasterly line of said 1.8084 acre | ||
tract of land, being a portion of the southwesterly line of said | ||
Walton Tract 2, for a portion of the southwesterly line hereof, a | ||
distance of 200.68 feet to a point for the northerly corner of said | ||
1.8084 acre tract of land, same being the easterly corner of that | ||
certain 2.65 acre tract of land conveyed to Jose A. Lucio by Deed of | ||
record in Volume 168, Page 160 of said Official Public Records, for | ||
an angle point hereof; | ||
THENCE, N50°15'12"W, leaving the northerly corner of said | ||
1.8084 acre tract of land, along the northeasterly line of said | ||
2.65 acre tract of land and the northeasterly line of that certain | ||
0.762 acre tract of land conveyed to Dan Langan by Deed of record in | ||
Volume 512, Page 356 of said Official Public Records, being a | ||
portion of the southwesterly line of said Walton Tract 2, for a | ||
portion of the southwesterly line hereof, a distance of 519.84 feet | ||
to a point for the northerly corner of said 0.762 acre tract of | ||
land, same being the easterly corner of that certain 0.632 acre | ||
tract of land conveyed to Jason Derek McDaniel by Deed of record in | ||
Volume 511, Page 346 of said Official Public Records, for an angle | ||
point hereof; | ||
THENCE, N50°05'12"W, leaving the northerly corner of said | ||
0.762 acre tract of land, along the northeasterly line of said | ||
0.632 acre tract of land, being a portion of the southwesterly line | ||
of said Walton Tract 2, for a portion of the southwesterly line | ||
hereof, a distance of 229.50 feet to a point for the northerly | ||
corner of said 0.632 acre tract of land, same being the northerly | ||
corner of that certain 1.0 acre tract of land conveyed to Robert W. | ||
and Amanda Bagley by Deed of record in Volume 64, Page 190, and also | ||
being the easterly corner of that certain 21.73 acre tract of land | ||
conveyed to Leslie D. and Lorraine Harrison by Deed of record in | ||
Volume 464, Page 830, both of said Official Public Records, for an | ||
angle point hereof; | ||
THENCE, N64°57'41"W, leaving the northerly corner of said 1.0 acre | ||
tract of land, along the northeasterly line of said 21.73 acre | ||
tract of land, being a portion of the southwesterly line of said | ||
Walton Tract 2, for a portion of the southwesterly line hereof, a | ||
distance of 1288.02 feet to a point in the southeasterly line of | ||
that certain 11.562 acre tract of land conveyed to Robert Deviney | ||
and James Deviney and Sandra Deviney by Deed of record in | ||
Volume 206, Page 485 of said Official Public Records, same being | ||
the northerly corner of said 21.73 acre tract of land and the | ||
westerly corner of said Walton Tract 2, for the westerly corner | ||
hereof; | ||
THENCE, N49°01'38"E, leaving the northerly corner of said 21.73 acre | ||
tract of land, along a portion of the southeasterly line of said | ||
11.562 acre tract of land and the southeasterly line of said 1.0 | ||
acre Bluebonnet Electric Co-operative tract of land, being the | ||
northwesterly line of said Walton Tract 2, for the northwesterly | ||
line hereof, a distance of 889.03 feet to the POINT OF BEGINNING, | ||
and containing an area of 51.7 acres of land, more or less, within | ||
these metes and bounds. | ||
PARCEL 4 - 48.2 ACRES | ||
BEGINNING, at a point in the southeasterly right-of-way line of | ||
State Highway 142 (R.O.W. varies), being the westerly corner of | ||
that certain 17.28 acre tract of land conveyed to Ernest F. Garcia | ||
by Deed of record in Volume 395, Page 154 of said Official Public | ||
Records, same being the northerly corner of said Walton Tract 3, for | ||
the northerly corner hereof; | ||
THENCE, S41°49'05"E, leaving the southeasterly right-of-way line of | ||
State Highway 142, along the southwesterly line of said 17.28 acre | ||
tract of land, being the northeasterly line of said Walton Tract 3, | ||
for a portion of the northeasterly line hereof, a distance of 759.20 | ||
feet to a point for the southerly corner of said 17.28 acre tract of | ||
land, same being the westerly corner of that certain 4.000 acre | ||
tract of land having been conveyed to Nelda Flores by Deed of record | ||
in Volume 291, Page 312 of said Official Public Records, for an | ||
angle point hereof; | ||
THENCE, S41°57'43"E, leaving the southerly corner of said | ||
17.28 acre tract of land, along the southwesterly line of said | ||
4.000 acre tract of land, being the northeasterly line of said | ||
Walton Tract 3, for a portion of the northeasterly line hereof, a | ||
distance of 217.17 feet to a point for the southerly corner of said | ||
4.000 acre tract of land, same being the westerly corner of that | ||
certain 1.705 acre tract of land conveyed to Guadalupe Alvarez | ||
(Record Deed not available), for an angle point hereof; | ||
THENCE, S41°59'23"E, leaving the southerly corner of said | ||
4.000 acre tract of land, along the southwesterly line of said | ||
1.705 acre tract of land, being the northeasterly line of said | ||
Walton Tract 3, for a portion of the northeasterly line hereof, a | ||
distance of 216.81 feet to a point for the southerly corner of said | ||
1.705 acre tract of land, same being the westerly corner of that | ||
certain 0.498 acre tract of land conveyed to Steve Morris and wife, | ||
Maritsa G. Morris by Deed of record in Volume 393, Page 825 of said | ||
Official Public Records, for an angle point hereof; | ||
THENCE, S41°50'02"E, leaving the southerly corner of said | ||
1.705 acre tract of land, along the southwesterly line of said | ||
0.498 acre tract of land, being the northeasterly line of said | ||
Walton Tract 3, for a portion of the northeasterly line hereof, a | ||
distance of 216.73 feet to a point for the southerly corner of said | ||
0.498 acre tract of land, same being the westerly corner of that | ||
certain 5.01 acre tract of land conveyed to Merced F. Garcia and | ||
wife, Otilia F. Garcia & Patricia Garcia by Deed of record in Volume | ||
396, Page 278 of said Official Public Records, for an angle point | ||
hereof; | ||
THENCE, S41°53'49"E, leaving the southerly corner of said | ||
0.498 acre tract of land, along the southwesterly line of said | ||
5.01 acre tract of land, being the northeasterly line of said | ||
Walton Tract 3, for a portion of the northeasterly line hereof, a | ||
distance of 216.46 feet to a point for the southerly corner of said | ||
5.01 acre tract of land, same being the westerly corner of that | ||
certain 10.0 acre tract of land conveyed to Vivian Gonzales by Deed | ||
of record in Volume 20, Page 104 of said Official Public Records, | ||
for an angle point hereof; | ||
THENCE, S41°59'29"E, leaving the southerly corner of said 5.01 acre | ||
tract of land, along a portion of the southwesterly line of said | ||
10.0 acre tract of land, being the northeasterly line of said | ||
Walton Tract 3, for a portion of the northeasterly line hereof, a | ||
distance of 392.06 feet to a point for the northerly corner of a | ||
future 5 foot wide City of Martindale Annexation Strip (not yet of | ||
record), for the easterly corner hereof; | ||
THENCE, S34°06'42"W, leaving the southwesterly line of said | ||
10.0 acre tract of land, along the northwesterly line of said | ||
future 5 foot wide City of Martindale Annexation Strip, over and | ||
across said Walton Tract 3, for the southeasterly line hereof, a | ||
distance of 565.46 feet to a point in the City of Martindale City | ||
Limit Line, same being the westerly corner of said future 5 foot | ||
wide City of Martindale Annexation Strip, for the southerly corner | ||
hereof; | ||
THENCE, leaving the westerly corner of said future 5 foot wide City | ||
of Martindale Annexation Strip, over and across said Walton | ||
Tract 3, along said City of Martindale City Limit Line, for a | ||
portion of the southwesterly line hereof, the following two (2) | ||
courses and distances: | ||
1) N65°11'09"W, a distance of 676.57 feet, for an angle point | ||
hereof; | ||
2) N64°34'00"W, a distance of 1190.39 feet to a point in the | ||
northeasterly line of that certain 3.89 acre tract of land conveyed | ||
to Martindale Apartments Ltd. by Deed of record in Volume 97, Page | ||
746 of said Official Public Records, for an angle point hereof; | ||
THENCE, N32°05'06"W, leaving said City of Martindale City Limit | ||
Line, along the northeasterly line of said 3.89 acre tract of land, | ||
being a portion of the southwesterly line of said Walton Tract 3, | ||
for a portion of the southwesterly line hereof, a distance of 494.79 | ||
feet to a point in the southeasterly right-of-way line of State | ||
Highway 142, same being the northerly corner of said 3.89 acre tract | ||
of land and the westerly corner of said Walton Tract 3, for the | ||
westerly corner hereof; | ||
THENCE, leaving the northerly corner of said 3.89 acre tract of | ||
land, along the southeasterly right-of-way line of State Highway | ||
142, being the northwesterly line of said Walton Tract 3, for the | ||
northwesterly line hereof, the following four (4) courses and | ||
distances: | ||
1) N49°09'30"E, a distance of 316.15 feet, for an angle point | ||
hereof; | ||
2) N65°48'08"E, a distance of 69.19 feet, for an angle point | ||
hereof; | ||
3) N49°10'39"E, a distance of 19.56 feet, for an angle point | ||
hereof; | ||
4) N49°55'15"E, a distance of 789.52 feet to the POINT OF | ||
BEGINNING, and containing an area of 48.2 acres of land, more or | ||
less, within these metes and bounds. | ||
PARCEL 5 - 37.8 ACRES | ||
BEGINNING, at a point in the northeasterly right-of-way line of | ||
State Highway 80 (R.O.W. varies), being the westerly corner of that | ||
certain 33.7 acre portion of that certain 425.95 acre tract of land | ||
conveyed to Herbert Richard Conrads by Deed of record in Volume 90, | ||
Page 891 of said Official Public Records, same being the southerly | ||
corner of said Walton Tract 3, for the southerly corner hereof; | ||
THENCE, leaving the westerly corner of said 33.7 acre tract of land, | ||
along the northeasterly right-of-way line of State Highway 80, | ||
being a portion of the southwesterly line of said Walton Tract 3, | ||
for the southwesterly line hereof, the following thirteen (13) | ||
courses and distances: | ||
1) N64°57'06"W, a distance of 799.01 feet, for an angle point | ||
hereof; | ||
2) N24°39'33"E, a distance of 5.22 feet, for an angle point hereof; | ||
3) N64°53'40"W, a distance of 200.19 feet, for an angle point | ||
hereof; | ||
4) N25°06'20"E, a distance of 29.79 feet, for an angle point | ||
hereof; | ||
5) N64°53'40"W, a distance of 300.00 feet, for an angle point | ||
hereof; | ||
6) N25°06'20"E, a distance of 65.00 feet, for an angle point | ||
hereof; | ||
7) N64°53'40"W, a distance of 300.00 feet, for an angle point | ||
hereof; | ||
8) S25°06'20"W, a distance of 50.00 feet, for an angle point | ||
hereof; | ||
9) N64°53'40"W, a distance of 300.00 feet, for an angle point | ||
hereof; | ||
10) N26°24'46"E, a distance of 14.78 feet, for an angle point | ||
hereof; | ||
11) N64°53'40"W, a distance of 400.00 feet, for an angle point | ||
hereof; | ||
12) S25°06'20"W, a distance of 65.00 feet, for an angle point | ||
hereof; | ||
13) N64°53'40"W, a distance of 155.67 feet to a point for the | ||
southeasterly corner of that certain 0.44 acre tract of land | ||
conveyed to Juan C. Ocampo and Maria DeLaluz by Deed of record in | ||
Volume 610, Page 520 of said Official Public Records, same being the | ||
southwesterly corner of said Walton Tract 3, for an angle point | ||
hereof; | ||
THENCE, N30°39'55"W, leaving the northeasterly right-of-way line of | ||
State Highway 80, along the northeasterly line of said 0.44 acre | ||
tract, being a portion of the southwesterly line of said Walton | ||
Tract 3, for a portion of the southwesterly line hereof, a distance | ||
of 309.75 feet to a point for the southerly corner of that certain | ||
3.89 acre tract of land conveyed to Martindale Apartments Ltd. by | ||
Deed of record in Volume 97, Page 746 of said Official Public | ||
Records, same being the easterly corner of that certain 0.79 acre | ||
tract of land conveyed to Robert D. Norris and wife, Dana Kaye | ||
Norris by Deed of record in Volume 245, Page 510 of said Official | ||
Public Records and also being the northerly corner of said 0.44 acre | ||
tract, and for the westerly corner hereof; | ||
THENCE, leaving the northerly corner of said 0.44 acre tract, same | ||
being the easterly corner of said 0.79 acre tract, along the | ||
southeasterly line and a portion of the northeasterly line of said | ||
3.89 acre tract, being a portion of the southwesterly line of said | ||
Walton Tract 3, for a portion of the northwesterly line hereof, the | ||
following two (2) courses and distances: | ||
1) N48°39'51"E, a distance of 297.92 feet to a point for the | ||
easterly corner of said 3.89 acre tract, for an angle point hereof; | ||
2) N32°05'06"W, a distance of 104.72 feet to a point 5.00 feet | ||
parallel and southwesterly from the City of Martindale City Limit | ||
Line, for an angle point hereof; | ||
THENCE, leaving the northeasterly line of said 3.89 acre tract, | ||
along a line 5.00 feet parallel and southwesterly from said City of | ||
Martindale City Limit Line, over and across said Walton tract 3, for | ||
a portion of the northwesterly line hereof, the following two (2) | ||
courses and distances: | ||
1) S64°34'00"E, a distance of 1182.56 feet, for an angle point | ||
hereof; | ||
2) S65°11'09"E, a distance of 680.85 feet to a point 5.00 feet | ||
parallel and southwesterly from the City of Martindale City Limit | ||
Line, for an angle point hereof; | ||
THENCE, N34°06'42"E, over and across said Walton Tract 3, for a | ||
portion of the northwesterly line hereof, a distance of 5.07 feet to | ||
a point in said City of Martindale City Limit Line, for an interior | ||
corner of a future 5 foot wide City of Martindale Annexation Strip, | ||
and for an angle point hereof; | ||
THENCE, leaving said City of Martindale City Limit Line, over and | ||
across said Walton Tract 3, along the interior lines of said future | ||
5 foot wide City of Martindale Annexation Strip, for a portion of | ||
the northwesterly line, the northeasterly line and a portion of the | ||
southeasterly line hereof, the following five (5) courses and | ||
distances: | ||
1) N34°06'42"E, a distance of 558.25 feet to a point for the | ||
northerly corner hereof; | ||
2) S41°59'29"E, a distance of 33.53 feet, for an angle point | ||
hereof; | ||
3) S41°57'34"E, a distance of 215.40 feet, for an angle point | ||
hereof; | ||
4) S41°53'44"E, a distance of 831.66 feet to a point for the | ||
easterly corner hereof; | ||
5) S48°20'04"W, a distance of 139.08 feet to a point in said City of | ||
Martindale City Limit Line, same being an interior corner of said | ||
future 5 foot wide City of Martindale Annexation Strip, for an angle | ||
point hereof; | ||
THENCE, S63°39'51"E, along said City of Martindale City Limit Line, | ||
being a southwesterly line of said future 5 foot wide City of | ||
Martindale Annexation Strip, over and across said Walton Tract 3, | ||
for a portion of the southeasterly line hereof, a distance of | ||
5.39 feet to a point in the southeasterly line of said | ||
Walton Tract 3, for the southeasterly corner of said future 5 foot | ||
wide City of Martindale Annexation Strip, same being the westerly | ||
corner of that certain 392.25 acre portion of that certain 425.95 | ||
acre tract of land conveyed to Herbert Richard Conrads by Deed of | ||
record in Volume 90, Page 891 of said Official Public Records, same | ||
also being the northerly corner of said 33.7 acre tract of land, for | ||
an angle point hereof; | ||
THENCE, S48°20'04"W, leaving said City of Martindale City Limit | ||
Line, along the northwesterly line of said 33.7 acre tract of land, | ||
being a portion of the southeasterly line of said Walton Tract 3, | ||
for a portion of the southeasterly line hereof, a distance of 550.94 | ||
feet to the POINT OF BEGINNING, and containing an area of 37.8 acres | ||
of land, more or less, within these metes and bounds. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 4. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
8434, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8434.109 to read as follows: | ||
Sec. 8434.109. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(b) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Subsection (c), | ||
Section 17, Article I, Texas Constitution. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1838 passed the Senate on | ||
April 25, 2013, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1838 passed the House on | ||
May 20, 2013, by the following vote: Yeas 147, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |