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A BILL TO BE ENTITLED
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relating to the creation of the Cotton Center Municipal Utility |
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District No. 2 of Caldwell County; providing authority to impose a |
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tax and issue bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8434 to read as follows: |
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CHAPTER 8434. COTTON CENTER MUNICIPAL UTILITY DISTRICT NO. 2 OF |
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CALDWELL COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8434.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Cotton Center Municipal |
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Utility District No. 2 of Caldwell County. |
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Sec. 8434.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8434.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8434.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8434.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8434.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8434.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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Sec. 8434.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT |
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REINVESTMENT ZONE. (a) The district is eligible to be included in |
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a tax increment reinvestment zone created under Chapter 311, Tax |
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Code. |
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(b) If the City of Martindale creates a tax increment |
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reinvestment zone described by Subsection (a) that includes all or |
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part of the territory of the district, the City of Martindale and |
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the board of directors of the zone, by contract with the district, |
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may grant money to the district from the tax increment fund to be |
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used for a permissible purpose of the district, including the right |
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to pledge the money as security for a bond or other obligation |
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issued by the district and for any permissible purpose of a |
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corporation under Section 380.002(b), Local Government Code. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8434.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8434.052, directors serve |
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staggered four-year terms. |
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Sec. 8434.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Brandon D. Rabe; |
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(2) Garrod E. Huebner; |
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(3) Brendan K. Puthoff; |
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(4) Jeremy P. Poloskey; and |
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(5) Brian J. Kaucher. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8434.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8434.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8434.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8434.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8434.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8434.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8434.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8434.105. COSTS OF ROAD PROJECT. The district may bear |
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the cost of designing, maintaining, improving, and operating a road |
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in the district authorized under Section 8434.103 in accordance |
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with all applicable ordinances and rules of the political |
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subdivision authorized to exercise jurisdiction over the road, |
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regardless of whether the district conveys the road to this state, a |
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county, or a municipality. |
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Sec. 8434.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. (a) The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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(b) In addition to all the rights and remedies provided by |
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other law, if the district violates the terms of an ordinance or |
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resolution described by Subsection (a), the municipality is |
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entitled to injunctive relief or a writ of mandamus issued by a |
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court requiring the district and the district's officials to |
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observe and comply with the terms of the ordinance or resolution. |
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Sec. 8434.107. MUNICIPAL CONSENT. Municipal consent to the |
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creation of the district and to the inclusion of land in the |
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district granted under Section 8434.004 acts as municipal consent |
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to the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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Sec. 8434.108. EFFECT OF ANNEXATION BY CITY OF MARTINDALE. |
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Notwithstanding Section 54.016(f)(2), Water Code, an allocation |
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agreement between the City of Martindale and the district that |
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provides for the allocation of the taxes or revenues of the district |
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and the city following the date of inclusion of all the district's |
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territory in the corporate limits of the city may provide that the |
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total annual ad valorem taxes collected by the city and the district |
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from taxable property in the district may exceed the city's ad |
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valorem tax on that property. |
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SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 8434.151. DIVISION OF DISTRICT; PREREQUISITES. The |
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district may be divided into two or more new districts only if the |
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district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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Sec. 8434.152. LAW APPLICABLE TO NEW DISTRICT. This |
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chapter applies to any new district created by division of the |
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district, and a new district has all the powers and duties of the |
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district. |
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Sec. 8434.153. LIMITATION ON AREA OF NEW DISTRICT. A new |
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district created by the division of the district may not, at the |
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time the new district is created, contain any land outside the area |
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described by Section 2 of the Act enacting this chapter. |
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Sec. 8434.154. DIVISION PROCEDURES. (a) The board, on its |
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own motion or on receipt of a petition signed by the owner or owners |
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of a majority of the assessed value of the real property in the |
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district, may adopt an order dividing the district. |
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(b) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8434.003 to confirm the district's creation. |
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(c) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the new districts. |
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(d) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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Sec. 8434.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) |
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A new district created by the division of the district shall hold a |
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confirmation and directors' election as required by Section |
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8434.003. |
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(b) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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Sec. 8434.156. TAX OR BOND ELECTION. Before a new district |
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created by the division of the district may impose a maintenance tax |
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or issue bonds payable wholly or partly from ad valorem taxes, the |
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new district must hold an election as required by this chapter to |
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obtain voter approval. |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 8434.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8434.203. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8434.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8434.201, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8434.203. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
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Sec. 8434.251. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8434.252. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8434.253. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Cotton Center Municipal Utility District |
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No. 2 of Caldwell County initially includes all the territory |
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contained in the following area: |
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DESCRIPTION |
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OF A 352.8 ACRE TRACT OF LAND SITUATED WITHIN THE CITY OF MARTINDALE |
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ETJ AND WITHIN THE CITY LIMITS OF THE CITY OF MARTINDALE, BEING OUT |
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OF THE WILLIAM PETTUS LEAGUE, ABSTRACT NO. 21; SAID 352.8 ACRES |
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BEING A PORTION OF THAT CERTAIN 573.65 ACRE TRACT OF LAND, CALLED |
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TRACT 1, THAT CERTAIN 51.72 ACRE TRACT OF LAND, CALLED TRACT 2 AND A |
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PORTION OF THAT CERTAIN 86.45 ACRE TRACT OF LAND, CALLED TRACT 3, |
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CONVEYED TO WALTON TEXAS LP BY DEED OF RECORD IN VOLUME 524, PAGE |
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599 OF THE OFFICIAL PUBLIC RECORDS OF CALDWELL COUNTY, TEXAS; SAID |
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352.8 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED IN FIVE (5) |
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PARTS BY METES AND BOUNDS AS FOLLOWS: |
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PARCEL 1 - 172.5 ACRES |
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COMMENCING, at a point in the southeasterly line of that certain |
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150 acre tract of land conveyed to John MacMauldin by Deed of record |
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in Volume 359, Page 673 of said Official Public Records, being in |
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the northwesterly line of said Walton Tract 1, at the intersection |
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with the City of Martindale City Limit Line, same being the westerly |
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most corner of a future 5 foot wide City of Martindale Annexation |
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Strip (not yet of record), from which the southwesterly corner of |
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said Walton Tract 1 bears, S49°05'19"W, a distance of 533.94 feet; |
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THENCE, N49°05'19"E, leaving said City of Martindale City Limit |
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Line, along a portion of the southeasterly line of said 150 acre |
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tract of land, being a portion of the northwesterly line of said |
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Walton Tract 1, also being the northwesterly line of said future |
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5 foot wide City of Martindale Annexation Strip, a distance of |
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307.94 feet to the northerly corner of said future 5 foot wide City |
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of Martindale Annexation Strip, for the POINT OF BEGINNING and for |
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the westerly corner hereof; |
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THENCE, N49°05'19"E, leaving the northerly corner of said future |
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5 foot wide City of Martindale Annexation Strip, continuing along a |
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portion of the southeasterly line of said 150 acre tract of land, |
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being a portion of the northwesterly line of said Walton Tract 1, |
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for the northwesterly line hereof, a distance of 2707.52 feet to a |
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point at the intersection with the common line of the City of |
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Martindale ETJ and the City of San Marcos 3.5 Mile ETJ, for the |
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northerly corner hereof; |
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THENCE, leaving the southeasterly line of said 150 acre tract of |
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land, over and across said Walton Tract 1, along said common line of |
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the City of Martindale ETJ and the City of San Marcos 3.5 Mile ETJ, |
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for the northeasterly line hereof, the following four (4) courses |
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and distances: |
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1) S65°05'35"E, a distance of 871.31 feet, for an angle point |
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hereof; |
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2) N69°38'20"E, a distance of 374.12 feet, for an angle point |
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hereof; |
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3) S69°22'30"E, a distance of 631.48 feet to the point of curvature |
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of a curve to the right; |
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4) Along said curve, having a radius of 2746.11 feet, a central |
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angle of 26°52'25", an arc length of 1288.01 feet and a chord which |
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bears, S53°46'19'E, a distance of 1276.24 feet to a point of |
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intersection with the curving northwesterly right-of-way line of |
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State Highway 142 (R.O.W. varies), being the southeasterly line of |
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said Walton Tract 1, for the easterly corner hereof; |
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THENCE, leaving said common line of the City of Martindale ETJ and |
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the City of San Marcos 3.5 Mile ETJ, along a portion of the |
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northwesterly right-of-way line of State Highway 142, being a |
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portion of the irregular southeasterly line of said Walton Tract 1, |
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for a portion of the irregular southeasterly line hereof, the |
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following three (3) courses and distances: |
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1) Along a non-radial compound curve, having a radius of 11389.16 |
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feet, a central angle of 00°37'29", an arc length of 124.18 feet and |
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a chord which bears, S49°46'55'W, a distance of 124.18 feet to the |
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end of said curve; |
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2) S50°05'40"W, a distance of 792.65 feet, for an angle point |
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hereof; |
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3) S50°01'18"W, a distance of 1284.94 feet to a point for the |
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easterly corner of that certain 9.45 acre tract of land having been |
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conveyed to Frank L. Caldwell by Deed in Volume 464, Page 657 of |
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said Official Public Records, being an angle point in said |
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irregular easterly line of said Walton Tract 1 and for an angle |
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point hereof; |
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THENCE, leaving the northwesterly right-of-way line of State |
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Highway 142, along the easterly, northwesterly and a portion of the |
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southwesterly lines of said 9.45 acre tract of land, being a portion |
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of the irregular southeasterly line of said Walton Tract 1, for a |
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portion of the irregular southeasterly line hereof, the following |
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seven (7) courses and distances: |
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1) N14°04'46"W, a distance of 440.12 feet, for an angle point |
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hereof; |
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2) N32°41'40"E, a distance of 106.61 feet, for an angle point |
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hereof; |
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3) N38°55'44"W, a distance of 302.19 feet, for an angle point |
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hereof; |
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4) S55°29'57"W, a distance of 241.11 feet, for an angle point |
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hereof; |
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5) S04°06'18"E, a distance of 153.18 feet, for an angle point |
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hereof; |
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6) S52°13'29"W, a distance of 397.30 feet, for an angle point |
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hereof; |
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7) S40°43'27"E, a distance of 349.03 feet to a point for the |
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northerly corner of that certain 0.97 acre tract of land having been |
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conveyed to Hilmer and Frances Bierstedt by Deed in Volume 241, |
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Page 303 of said Official Public Records, for an angle point in the |
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irregular southeasterly line of said Walton Tract 1 and for an angle |
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point hereof; |
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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 |
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hereof; |
|
2) S40°58'24"E, a distance of 311.98 feet to a point in said |
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northwesterly right-of-way line of State Highway 142, being the |
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southerly corner of said 0.97 acre tract of land, for an angle point |
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in the irregular southeasterly line of said Walton Tract 1 and for |
|
an angle point hereof; |
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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 |
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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 |
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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. |
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PARCEL 2 - 42.6 ACRES |
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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 |
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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 Section 17(c), |
|
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. |