Texas 2013 - 83rd Regular

Texas Senate Bill SB1838 Compare Versions

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1	1	By: Zaffirini S.B. No. 1838
2	2	(Bonnen of Brazoria)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Cotton Center Municipal Utility
7	7	District No. 2 of Caldwell County; providing authority to impose a
8	8	tax and issue bonds; granting a limited power of eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8434 to read as follows:
12	12	CHAPTER 8434. COTTON CENTER MUNICIPAL UTILITY DISTRICT NO. 2 OF
13	13	CALDWELL COUNTY
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8434.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Cotton Center Municipal
21	21	Utility District No. 2 of Caldwell County.
22	22	Sec. 8434.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8434.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8434.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8434.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 8434.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 8434.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	Sec. 8434.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT
58	58	REINVESTMENT ZONE. (a) The district is eligible to be included in
59	59	a tax increment reinvestment zone created under Chapter 311, Tax
60	60	Code.
61	61	(b) If the City of Martindale creates a tax increment
62	62	reinvestment zone described by Subsection (a) that includes all or
63	63	part of the territory of the district, the City of Martindale and
64	64	the board of directors of the zone, by contract with the district,
65	65	may grant money to the district from the tax increment fund to be
66	66	used for a permissible purpose of the district, including the right
67	67	to pledge the money as security for a bond or other obligation
68	68	issued by the district and for any permissible purpose of a
69	69	corporation under Section 380.002(b), Local Government Code.
70	70	SUBCHAPTER B. BOARD OF DIRECTORS
71	71	Sec. 8434.051. GOVERNING BODY; TERMS. (a) The district is
72	72	governed by a board of five elected directors.
73	73	(b) Except as provided by Section 8434.052, directors serve
74	74	staggered four-year terms.
75	75	Sec. 8434.052. TEMPORARY DIRECTORS. (a) The temporary
76	76	board consists of:
77	77	(1) Brandon D. Rabe;
78	78	(2) Garrod E. Huebner;
79	79	(3) Brendan K. Puthoff;
80	80	(4) Jeremy P. Poloskey; and
81	81	(5) Brian J. Kaucher.
82	82	(b) Temporary directors serve until the earlier of:
83	83	(1) the date permanent directors are elected under
84	84	Section 8434.003; or
85	85	(2) the fourth anniversary of the effective date of
86	86	the Act enacting this chapter.
87	87	(c) If permanent directors have not been elected under
88	88	Section 8434.003 and the terms of the temporary directors have
89	89	expired, successor temporary directors shall be appointed or
90	90	reappointed as provided by Subsection (d) to serve terms that
91	91	expire on the earlier of:
92	92	(1) the date permanent directors are elected under
93	93	Section 8434.003; or
94	94	(2) the fourth anniversary of the date of the
95	95	appointment or reappointment.
96	96	(d) If Subsection (c) applies, the owner or owners of a
97	97	majority of the assessed value of the real property in the district
98	98	may submit a petition to the commission requesting that the
99	99	commission appoint as successor temporary directors the five
100	100	persons named in the petition. The commission shall appoint as
101	101	successor temporary directors the five persons named in the
102	102	petition.
103	103	SUBCHAPTER C. POWERS AND DUTIES
104	104	Sec. 8434.101. GENERAL POWERS AND DUTIES. The district has
105	105	the powers and duties necessary to accomplish the purposes for
106	106	which the district is created.
107	107	Sec. 8434.102. MUNICIPAL UTILITY DISTRICT POWERS AND
108	108	DUTIES. The district has the powers and duties provided by the
109	109	general law of this state, including Chapters 49 and 54, Water Code,
110	110	applicable to municipal utility districts created under Section 59,
111	111	Article XVI, Texas Constitution.
112	112	Sec. 8434.103. AUTHORITY FOR ROAD PROJECTS. Under Section
113	113	52, Article III, Texas Constitution, the district may design,
114	114	acquire, construct, finance, issue bonds for, improve, operate,
115	115	maintain, and convey to this state, a county, or a municipality for
116	116	operation and maintenance macadamized, graveled, or paved roads, or
117	117	improvements, including storm drainage, in aid of those roads.
118	118	Sec. 8434.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
119	119	road project must meet all applicable construction standards,
120	120	zoning and subdivision requirements, and regulations of each
121	121	municipality in whose corporate limits or extraterritorial
122	122	jurisdiction the road project is located.
123	123	(b) If a road project is not located in the corporate limits
124	124	or extraterritorial jurisdiction of a municipality, the road
125	125	project must meet all applicable construction standards,
126	126	subdivision requirements, and regulations of each county in which
127	127	the road project is located.
128	128	(c) If the state will maintain and operate the road, the
129	129	Texas Transportation Commission must approve the plans and
130	130	specifications of the road project.
131	131	Sec. 8434.105. COSTS OF ROAD PROJECT. The district may bear
132	132	the cost of designing, maintaining, improving, and operating a road
133	133	in the district authorized under Section 8434.103 in accordance
134	134	with all applicable ordinances and rules of the political
135	135	subdivision authorized to exercise jurisdiction over the road,
136	136	regardless of whether the district conveys the road to this state, a
137	137	county, or a municipality.
138	138	Sec. 8434.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
139	139	OR RESOLUTION. (a) The district shall comply with all applicable
140	140	requirements of any ordinance or resolution that is adopted under
141	141	Section 54.016 or 54.0165, Water Code, and that consents to the
142	142	creation of the district or to the inclusion of land in the
143	143	district.
144	144	(b) In addition to all the rights and remedies provided by
145	145	other law, if the district violates the terms of an ordinance or
146	146	resolution described by Subsection (a), the municipality is
147	147	entitled to injunctive relief or a writ of mandamus issued by a
148	148	court requiring the district and the district's officials to
149	149	observe and comply with the terms of the ordinance or resolution.
150	150	Sec. 8434.107. MUNICIPAL CONSENT. Municipal consent to the
151	151	creation of the district and to the inclusion of land in the
152	152	district granted under Section 8434.004 acts as municipal consent
153	153	to the creation of any new district created by the division of the
154	154	district and to the inclusion of land in the new district.
155	155	Sec. 8434.108. EFFECT OF ANNEXATION BY CITY OF MARTINDALE.
156	156	Notwithstanding Section 54.016(f)(2), Water Code, an allocation
157	157	agreement between the City of Martindale and the district that
158	158	provides for the allocation of the taxes or revenues of the district
159	159	and the city following the date of inclusion of all the district's
160	160	territory in the corporate limits of the city may provide that the
161	161	total annual ad valorem taxes collected by the city and the district
162	162	from taxable property in the district may exceed the city's ad
163	163	valorem tax on that property.
164	164	SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
165	165	Sec. 8434.151. DIVISION OF DISTRICT; PREREQUISITES. The
166	166	district may be divided into two or more new districts only if the
167	167	district:
168	168	(1) has never issued any bonds; and
169	169	(2) is not imposing ad valorem taxes.
170	170	Sec. 8434.152. LAW APPLICABLE TO NEW DISTRICT. This
171	171	chapter applies to any new district created by division of the
172	172	district, and a new district has all the powers and duties of the
173	173	district.
174	174	Sec. 8434.153. LIMITATION ON AREA OF NEW DISTRICT. A new
175	175	district created by the division of the district may not, at the
176	176	time the new district is created, contain any land outside the area
177	177	described by Section 2 of the Act enacting this chapter.
178	178	Sec. 8434.154. DIVISION PROCEDURES. (a) The board, on its
179	179	own motion or on receipt of a petition signed by the owner or owners
180	180	of a majority of the assessed value of the real property in the
181	181	district, may adopt an order dividing the district.
182	182	(b) The board may adopt an order dividing the district
183	183	before or after the date the board holds an election under Section
184	184	8434.003 to confirm the district's creation.
185	185	(c) An order dividing the district must:
186	186	(1) name each new district;
187	187	(2) include the metes and bounds description of the
188	188	territory of each new district;
189	189	(3) appoint temporary directors for each new district;
190	190	and
191	191	(4) provide for the division of assets and liabilities
192	192	between the new districts.
193	193	(d) On or before the 30th day after the date of adoption of
194	194	an order dividing the district, the district shall file the order
195	195	with the commission and record the order in the real property
196	196	records of each county in which the district is located.
197	197	Sec. 8434.155. CONFIRMATION ELECTION FOR NEW DISTRICT.
198	198	(a) A new district created by the division of the district shall
199	199	hold a confirmation and directors' election as required by Section
200	200	8434.003.
201	201	(b) If the creation of the new district is confirmed, the
202	202	new district shall provide the election date and results to the
203	203	commission.
204	204	Sec. 8434.156. TAX OR BOND ELECTION. Before a new district
205	205	created by the division of the district may impose a maintenance tax
206	206	or issue bonds payable wholly or partly from ad valorem taxes, the
207	207	new district must hold an election as required by this chapter to
208	208	obtain voter approval.
209	209	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
210	210	Sec. 8434.201. ELECTIONS REGARDING TAXES OR BONDS.
211	211	(a) The district may issue, without an election, bonds and other
212	212	obligations secured by:
213	213	(1) revenue other than ad valorem taxes; or
214	214	(2) contract payments described by Section 8434.203.
215	215	(b) The district must hold an election in the manner
216	216	provided by Chapters 49 and 54, Water Code, to obtain voter approval
217	217	before the district may impose an ad valorem tax or issue bonds
218	218	payable from ad valorem taxes.
219	219	(c) The district may not issue bonds payable from ad valorem
220	220	taxes to finance a road project unless the issuance is approved by a
221	221	vote of a two-thirds majority of the district voters voting at an
222	222	election held for that purpose.
223	223	Sec. 8434.202. OPERATION AND MAINTENANCE TAX. (a) If
224	224	authorized at an election held under Section 8434.201, the district
225	225	may impose an operation and maintenance tax on taxable property in
226	226	the district in accordance with Section 49.107, Water Code.
227	227	(b) The board shall determine the tax rate. The rate may not
228	228	exceed the rate approved at the election.
229	229	Sec. 8434.203. CONTRACT TAXES. (a) In accordance with
230	230	Section 49.108, Water Code, the district may impose a tax other than
231	231	an operation and maintenance tax and use the revenue derived from
232	232	the tax to make payments under a contract after the provisions of
233	233	the contract have been approved by a majority of the district voters
234	234	voting at an election held for that purpose.
235	235	(b) A contract approved by the district voters may contain a
236	236	provision stating that the contract may be modified or amended by
237	237	the board without further voter approval.
238	238	SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
239	239	Sec. 8434.251. AUTHORITY TO ISSUE BONDS AND OTHER
240	240	OBLIGATIONS. The district may issue bonds or other obligations
241	241	payable wholly or partly from ad valorem taxes, impact fees,
242	242	revenue, contract payments, grants, or other district money, or any
243	243	combination of those sources, to pay for any authorized district
244	244	purpose.
245	245	Sec. 8434.252. TAXES FOR BONDS. At the time the district
246	246	issues bonds payable wholly or partly from ad valorem taxes, the
247	247	board shall provide for the annual imposition of a continuing
248	248	direct ad valorem tax, without limit as to rate or amount, while all
249	249	or part of the bonds are outstanding as required and in the manner
250	250	provided by Sections 54.601 and 54.602, Water Code.
251	251	Sec. 8434.253. BONDS FOR ROAD PROJECTS. At the time of
252	252	issuance, the total principal amount of bonds or other obligations
253	253	issued or incurred to finance road projects and payable from ad
254	254	valorem taxes may not exceed one-fourth of the assessed value of the
255	255	real property in the district.
256	256	SECTION 2. The Cotton Center Municipal Utility District
257	257	No. 2 of Caldwell County initially includes all the territory
258	258	contained in the following area:
259	259	DESCRIPTION
260	260	OF A 352.8 ACRE TRACT OF LAND SITUATED WITHIN THE CITY OF MARTINDALE
261	261	ETJ AND WITHIN THE CITY LIMITS OF THE CITY OF MARTINDALE, BEING OUT
262	262	OF THE WILLIAM PETTUS LEAGUE, ABSTRACT NO. 21; SAID 352.8 ACRES
263	263	BEING A PORTION OF THAT CERTAIN 573.65 ACRE TRACT OF LAND, CALLED
264	264	TRACT 1, THAT CERTAIN 51.72 ACRE TRACT OF LAND, CALLED TRACT 2 AND A
265	265	PORTION OF THAT CERTAIN 86.45 ACRE TRACT OF LAND, CALLED TRACT 3,
266	266	CONVEYED TO WALTON TEXAS LP BY DEED OF RECORD IN VOLUME 524, PAGE
267	267	599 OF THE OFFICIAL PUBLIC RECORDS OF CALDWELL COUNTY, TEXAS; SAID
268	268	352.8 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED IN FIVE (5)
269	269	PARTS BY METES AND BOUNDS AS FOLLOWS:
270	270	PARCEL 1 - 172.5 ACRES
271	271	COMMENCING, at a point in the southeasterly line of that certain
272	272	150 acre tract of land conveyed to John MacMauldin by Deed of record
273	273	in Volume 359, Page 673 of said Official Public Records, being in
274	274	the northwesterly line of said Walton Tract 1, at the intersection
275	275	with the City of Martindale City Limit Line, same being the westerly
276	276	most corner of a future 5 foot wide City of Martindale Annexation
277	277	Strip (not yet of record), from which the southwesterly corner of
278	278	said Walton Tract 1 bears, S49°05'19"W, a distance of 533.94 feet;
279	279	THENCE, N49°05'19"E, leaving said City of Martindale City Limit
280	280	Line, along a portion of the southeasterly line of said 150 acre
281	281	tract of land, being a portion of the northwesterly line of said
282	282	Walton Tract 1, also being the northwesterly line of said future
283	283	5 foot wide City of Martindale Annexation Strip, a distance of
284	284	307.94 feet to the northerly corner of said future 5 foot wide City
285	285	of Martindale Annexation Strip, for the POINT OF BEGINNING and for
286	286	the westerly corner hereof;
287	287	THENCE, N49°05'19"E, leaving the northerly corner of said future
288	288	5 foot wide City of Martindale Annexation Strip, continuing along a
289	289	portion of the southeasterly line of said 150 acre tract of land,
290	290	being a portion of the northwesterly line of said Walton Tract 1,
291	291	for the northwesterly line hereof, a distance of 2707.52 feet to a
292	292	point at the intersection with the common line of the City of
293	293	Martindale ETJ and the City of San Marcos 3.5 Mile ETJ, for the
294	294	northerly corner hereof;
295	295	THENCE, leaving the southeasterly line of said 150 acre tract of
296	296	land, over and across said Walton Tract 1, along said common line of
297	297	the City of Martindale ETJ and the City of San Marcos 3.5 Mile ETJ,
298	298	for the northeasterly line hereof, the following four (4) courses
299	299	and distances:
300	300	1) S65°05'35"E, a distance of 871.31 feet, for an angle point
301	301	hereof;
302	302	2) N69°38'20"E, a distance of 374.12 feet, for an angle point
303	303	hereof;
304	304	3) S69°22'30"E, a distance of 631.48 feet to the point of curvature
305	305	of a curve to the right;
306	306	4) Along said curve, having a radius of 2746.11 feet, a central
307	307	angle of 26°52'25", an arc length of 1288.01 feet and a chord which
308	308	bears, S53°46'19'E, a distance of 1276.24 feet to a point of
309	309	intersection with the curving northwesterly right-of-way line of
310	310	State Highway 142 (R.O.W. varies), being the southeasterly line of
311	311	said Walton Tract 1, for the easterly corner hereof;
312	312	THENCE, leaving said common line of the City of Martindale ETJ and
313	313	the City of San Marcos 3.5 Mile ETJ, along a portion of the
314	314	northwesterly right-of-way line of State Highway 142, being a
315	315	portion of the irregular southeasterly line of said Walton Tract 1,
316	316	for a portion of the irregular southeasterly line hereof, the
317	317	following three (3) courses and distances:
318	318	1) Along a non-radial compound curve, having a radius of 11389.16
319	319	feet, a central angle of 00°37'29", an arc length of 124.18 feet and
320	320	a chord which bears, S49°46'55'W, a distance of 124.18 feet to the
321	321	end of said curve;
322	322	2) S50°05'40"W, a distance of 792.65 feet, for an angle point
323	323	hereof;
324	324	3) S50°01'18"W, a distance of 1284.94 feet to a point for the
325	325	easterly corner of that certain 9.45 acre tract of land having been
326	326	conveyed to Frank L. Caldwell by Deed in Volume 464, Page 657 of
327	327	said Official Public Records, being an angle point in said
328	328	irregular easterly line of said Walton Tract 1 and for an angle
329	329	point hereof;
330	330	THENCE, leaving the northwesterly right-of-way line of State
331	331	Highway 142, along the easterly, northwesterly and a portion of the
332	332	southwesterly lines of said 9.45 acre tract of land, being a portion
333	333	of the irregular southeasterly line of said Walton Tract 1, for a
334	334	portion of the irregular southeasterly line hereof, the following
335	335	seven (7) courses and distances:
336	336	1) N14°04'46"W, a distance of 440.12 feet, for an angle point
337	337	hereof;
338	338	2) N32°41'40"E, a distance of 106.61 feet, for an angle point
339	339	hereof;
340	340	3) N38°55'44"W, a distance of 302.19 feet, for an angle point
341	341	hereof;
342	342	4) S55°29'57"W, a distance of 241.11 feet, for an angle point
343	343	hereof;
344	344	5) S04°06'18"E, a distance of 153.18 feet, for an angle point
345	345	hereof;
346	346	6) S52°13'29"W, a distance of 397.30 feet, for an angle point
347	347	hereof;
348	348	7) S40°43'27"E, a distance of 349.03 feet to a point for the
349	349	northerly corner of that certain 0.97 acre tract of land having been
350	350	conveyed to Hilmer and Frances Bierstedt by Deed in Volume 241,
351	351	Page 303 of said Official Public Records, for an angle point in the
352	352	irregular southeasterly line of said Walton Tract 1 and for an angle
353	353	point hereof;
354	354	THENCE, leaving the southwesterly line of said 9.45 acre tract of
355	355	land, along the northwesterly and southwesterly lines of said 0.97
356	356	acre tract of land, being a portion of the irregular southeasterly
357	357	line of said Walton Tract 1, for a portion of the irregular
358	358	southeasterly line hereof, the following two (2) courses and
359	359	distances:
360	360	1) S46°11'36"W, a distance of 141.88 feet, for an angle point
361	361	hereof;
362	362	2) S40°58'24"E, a distance of 311.98 feet to a point in said
363	363	northwesterly right-of-way line of State Highway 142, being the
364	364	southerly corner of said 0.97 acre tract of land, for an angle point
365	365	in the irregular southeasterly line of said Walton Tract 1 and for
366	366	an angle point hereof;
367	367	THENCE, S48°50'31"W, leaving the southerly corner of said 0.97 acre
368	368	tract of land, along said northwesterly right-of-way line of State
369	369	Highway 142, being the irregular southeasterly line of said Walton
370	370	Tract 1, for a portion of the irregular southeasterly line hereof,
371	371	a distance of 19.66 feet to the intersection with the northeasterly
372	372	line of said future 5 foot wide City of Martindale Annexation
373	373	Strip, for the southerly corner hereof;
374	374	THENCE, leaving the northwesterly right-of-way line of State
375	375	Highway 142, over and across said Walton Tract 1, along the
376	376	northeasterly line of said future 5 foot wide City of Martindale
377	377	Annexation Strip, for the southwesterly line hereof, the following
378	378	two (2) courses and distances:
379	379	1) N73°53'09"W, a distance of 598.09 feet, for an angle point
380	380	hereof;
381	381	2) N62°58'50"W, a distance of 2379.20 feet to the POINT OF
382	382	BEGINNING, and containing an area of 172.5 acres of land, more or
383	383	less, within these metes and bounds.
384	384	PARCEL 2 - 42.6 ACRES
385	385	BEGINNING, at a point in the southeasterly line of that certain
386	386	150 acre tract of land conveyed to John MacMauldin by Deed of record
387	387	in Volume 359, Page 673 of said Official Public Records, being in
388	388	the northwesterly line of said Walton Tract 1, at the intersection
389	389	with the City of Martindale City Limit Line, same being a point for
390	390	the westerly most corner of a future 5 foot wide City of Martindale
391	391	Annexation Strip (not yet of record), for an angle point in the
392	392	northwesterly line hereof, from which the southwesterly corner of
393	393	said Walton Tract 1 bears, S49°05'19"W, a distance of 533.94 feet;
394	394	THENCE, S64°41'04"E, leaving the southeasterly line of said
395	395	150 acre tract of land, over and across said Walton Tract 1, along
396	396	said City of Martindale City Limit Line, same being the
397	397	southwesterly line of said future 5 foot wide City of Martindale
398	398	Annexation Strip, for a portion of the northwesterly line hereof, a
399	399	distance of 5.46 feet to a point for southerly corner of said 5 foot
400	400	wide City of Martindale Annexation Strip, for an angle point
401	401	hereof;
402	402	THENCE, leaving said City of Martindale City Limit Line, over and
403	403	across said Walton Tract 1, along the southwesterly line of said
404	404	future 5 foot wide City of Martindale Annexation Strip, for a
405	405	portion of the northwesterly line and the northeasterly line
406	406	hereof, the following three (3) courses and distances:
407	407	1) N49°05'19"E, a distance of 302.37 feet, for the northerly corner
408	408	hereof;
409	409	2) S62°58'50"E, a distance of 2376.31 feet, for an angle point
410	410	hereof;
411	411	3) S73°53'09"E, a distance of 595.36 feet to a point in the
412	412	northwesterly right-of-way line of State Highway 142
413	413	(R.O.W. varies), being the southeasterly line of said Walton Tract
414	414	1, also being the southeasterly corner of said future 5 foot wide
415	415	City of Martindale Annexation Strip, for the easterly corner
416	416	hereof;
417	417	THENCE, S48°50'31"W, leaving the southwesterly line of said future 5
418	418	foot wide City of Martindale Annexation Strip, along a portion of
419	419	the northwesterly right-of-way line of State Highway 142, being a
420	420	portion of the southeasterly line of said Walton Tract 1, for the
421	421	southeasterly line hereof, passing at a distance of 296.21 feet
422	422	said City of Martindale City Limit Line, for a total distance of
423	423	440.97 feet to a point for the easterly corner of that certain 0.425
424	424	acre tract of land conveyed to Juan and Janie Parra by Deed of
425	425	record in Volume 259, Page 638 of said Official Public Records, for
426	426	the southerly corner hereof;
427	427	THENCE, N39°18'25"W, leaving the northwesterly right-of-way line of
428	428	State Highway 142, along the northeasterly line of said 0.425 acre
429	429	tract of land, being a portion of the southwesterly line of said
430	430	Walton Tract 1, for a portion of the southwesterly line hereof, a
431	431	distance of 203.96 feet to a point for the northerly corner of said
432	432	0.425 acre tract of land, for an angle point hereof;
433	433	THENCE, S47°57'08"W, leaving the northerly corner of said
434	434	0.425 acre tract of land, along the northwesterly line of said
435	435	0.425 acre tract of land, the northwesterly line of that certain
436	436	0.270 acre tract of land conveyed to Frank and Erlinda Parra by Deed
437	437	of record in Volume 342, Page 129 and the northwesterly line of that
438	438	certain 0.267 acre tract of land conveyed to Elbira Parra by Deed of
439	439	record in Volume 527, Page 257, both of said Official Public
440	440	Records, being a portion of the southwesterly line of said Walton
441	441	Tract 1, for a portion of the southwesterly line hereof, a distance
442	442	of 211.52 feet to a point for the northwesterly corner of said
443	443	0.267 acre tract of land, same being the northerly corner of that
444	444	certain 0.918 acre tract of land conveyed to B.W. Bowden
445	445	Properties, Inc. by Deed of record in Volume 510, Page 401, and also
446	446	being the northeasterly corner of that certain 1.035 acre tract of
447	447	land conveyed to Donald W. Bagley by Deed of record in Volume 397,
448	448	Page 220, both of said Official Public Records, for an angle point
449	449	hereof;
450	450	THENCE, N70°37'35"W, leaving the northwesterly corner of said
451	451	0.267 acre tract of land, along the northeasterly line of said
452	452	1.035 acre tract of land and the northeasterly line of that certain
453	453	1.035 acre tract of land conveyed to Maebeth Bagley by Deed of
454	454	record in Volume 501, Page 410 of said Official Public Records,
455	455	being a portion of the southwesterly line of said Walton Tract 1,
456	456	for a portion of the southwesterly line hereof, a distance of 444.98
457	457	feet to a point for the northwesterly corner of said 1.035 acre
458	458	Maebeth Bagley tract of land, same being the northeasterly corner
459	459	of that certain 0.563 acre tract of land conveyed to Sharon Peters
460	460	LLC by Deed of record in Volume 525, Page 818 of said Official
461	461	Public Records, for an angle point hereof;
462	462	THENCE, N72°13'49"W, leaving the northwesterly corner of said
463	463	1.035 acre Maebeth Bagley tract of land, along the northeasterly
464	464	line of said 0.563 acre tract of land, being a portion of the
465	465	southwesterly line of said Walton Tract 1, for a portion of the
466	466	southwesterly line hereof, a distance of 99.83 feet to a point for
467	467	the northwesterly corner of said 0.563 acre tract of land, same
468	468	being the northeasterly corner of that certain 1.25 acre tract of
469	469	land conveyed to Donald Walter Bagley by Deed of record in Volume
470	470	397, Page 2201 of said Official Public Records, for an angle point
471	471	hereof;
472	472	THENCE, N64°56'19"W, leaving the northwesterly corner of said
473	473	0.563 acre tract of land, along the northeasterly line of said
474	474	1.25 acre tract of land, being a portion of the southwesterly line
475	475	of said Walton Tract 1, for a portion of the southwesterly line
476	476	hereof, a distance of 272.66 feet to a point for the northwesterly
477	477	corner of said 1.25 acre tract of land, same being the northeasterly
478	478	corner of that certain 0.75 acre tract of land conveyed to Robert
479	479	West Bagley and Joanna Kathryn Bagley by Deed of record in Volume
480	480	66, Page 63 of said Official Public Records, for an angle point
481	481	hereof;
482	482	THENCE, leaving the northwesterly corner of said 1.25 acre tract of
483	483	land, along the northeasterly and northwesterly line of said
484	484	0.75 acre tract of land, being a portion of the southwesterly line
485	485	of said Walton Tract 1, for a portion of the southwesterly line
486	486	hereof, the following two (2) courses and distances:
487	487	1) N64°33'57"W, a distance of 155.44 feet to a point for the
488	488	northwest corner of said 0.75 acre tract of land, for an angle point
489	489	hereof;
490	490	2) S25°06'36"W, a distance of 210.88 feet to a point in the
491	491	northeasterly right-of-way line of State Highway 80
492	492	(R.O.W. varies), for the southwesterly corner of said 0.75 acre
493	493	tract of land and for an angle point hereof;
494	494	THENCE, N64°53'28"W, along northeasterly right-of-way line of State
495	495	Highway 80, being a portion of the southwesterly line of said Walton
496	496	Tract 1, for a portion of the southwesterly line hereof, a distance
497	497	of 1894.95 feet to the southeasterly corner of said 150 acre tract
498	498	of land, being the southwesterly corner of said Walton Tract 1, for
499	499	the westerly corner hereof;
500	500	THENCE, N49°05'19"E, leaving the northeasterly right-of-way line of
501	501	State Highway 80, along the southeasterly line of said 150 acre
502	502	tract of land, being the northwesterly line of said Walton Tract 1,
503	503	for a portion of the northwesterly line hereof, a distance of 533.94
504	504	feet to the POINT OF BEGINNING, and containing an area of 42.6 acres
505	505	of land, more or less, within these metes and bounds.
506	506	PARCEL 3 - 51.7 ACRES
507	507	BEGINNING, at a point in the southwesterly right-of-way line of
508	508	State Highway 80 (R.O.W. varies), being the easterly corner that
509	509	certain 1.0 acre tract of land conveyed to Bluebonnet Electric
510	510	Co-operative (Record Deed not available) and also being the
511	511	northerly corner of said Walton Tract 2, for the northerly corner
512	512	hereof;
513	513	THENCE, S64°57'52"E, leaving the easterly corner of said 1.0 acre
514	514	Bluebonnet Electric Co-operative tract of land, along the
515	515	southwesterly right-of-way line of State Highway 80, being the
516	516	northeasterly line of said Walton Tract 2, for a portion of the
517	517	northeasterly line hereof, a distance of 1821.24 feet to a point for
518	518	the northerly corner of that certain 1.0 acre tract of land conveyed
519	519	to Robert W. and Amanda Bagley by Deed of record in Volume 64,
520	520	Page 190 of said Official Public Records, for an angle point
521	521	hereof;
522	522	THENCE, leaving the southwesterly right-of-way line of State
523	523	Highway 80, along the northwesterly, southwesterly and a portion of
524	524	the southeasterly line of said 1.0 acre Bagley tract of land, being
525	525	a portion of the northeasterly line of said Walton Tract 2, for a
526	526	portion of the northeasterly line hereof, the following three (3)
527	527	courses and distances:
528	528	1) S22°22'16"W, a distance of 207.40 feet to a point for the
529	529	westerly corner of said 1.0 acre Bagley tract of land, for an angle
530	530	point hereof;
531	531	2) S66°39'52"E, a distance of 231.91 feet to a point for the
532	532	southerly corner of said 1.0 acre Bagley tract of land, for an angle
533	533	point hereof;
534	534	3) N44°15'05"E, a distance of 92.60 feet to a point for the
535	535	westerly corner of that certain 3.12 acre tract of land conveyed to
536	536	Crown Seed USA Inc. by Deed of record in Volume 624, Page 508 of
537	537	said Official Public Records, for an angle point hereof;
538	538	THENCE, S42°28'23"E, leaving the southeasterly line of said
539	539	1.0 acre Bagley tract of land, along the southwesterly line of said
540	540	3.12 acre tract of land, being a portion of the northeasterly line
541	541	of said Walton Tract 2, for a portion of the northeasterly line
542	542	hereof, a distance of 470.30 feet to a point in the southwesterly
543	543	line of that certain 1.04 acre tract of land conveyed to Jeffrey D.
544	544	and Lori L. Caldwell by Deed of record in Volume 454, Page 825 of
545	545	said Official Public Records, same being the northerly corner of
546	546	that certain 2.71 acre tract of land conveyed to Crown Seed USA Inc.
547	547	by Deed of record in Volume 599, Page 585 of said Official Public
548	548	Records, for the easterly corner hereof;
549	549	THENCE, leaving the southwesterly line of said 1.04 acre tract of
550	550	land, along the northwesterly and a portion of the southwesterly
551	551	line of said 2.71 acre tract of land, being a portion of the
552	552	southeasterly line of said Walton Tract 2, for a portion of the
553	553	southeasterly line hereof, the following two (2) courses and
554	554	distances:
555	555	1) S47°46'15"W, a distance of 443.05 feet to a point for the
556	556	westerly corner of said 2.71 acre tract of land, for an angle point
557	557	hereof;
558	558	2) S40°42'01"E, a distance of 97.89 feet to a point for the
559	559	northerly corner of that certain 0.919 acre tract of land conveyed
560	560	to David E. and Deanna M. Murdoch by Deed of record in Volume 146,
561	561	Page 646 of said Official Public Records, for an angle point
562	562	hereof;
563	563	THENCE, S48°17'46"W, leaving the southwesterly line of said
564	564	2.71 acre tract of land, along the northwesterly line of said 0.919
565	565	acre tract of land, being a portion of the southeasterly line of
566	566	said Walton Tract 2, for a portion of the southeasterly line hereof,
567	567	a distance of 188.79 feet to a point for the westerly corner of said
568	568	0.919 acre tract of land, same being the northerly corner of that
569	569	certain 0.54 acre tract of land conveyed to Frank Rodriguez Jr. by
570	570	Deed of record in Volume 335, Page 120 of said Official Public
571	571	Records, for an angle point hereof;
572	572	THENCE, S48°12'41"W, leaving the westerly corner of said 0.919 acre
573	573	tract of land, along the northwesterly line of said 0.54 acre tract
574	574	of land and the northwesterly line of that certain 0.475 acre tract
575	575	of land conveyed to George Jr. and Wanda Gail Rasmussen by Deed of
576	576	record in Volume 520, Page 498 of said Official Public Records,
577	577	being a portion of the southeasterly line of said Walton Tract 2,
578	578	for a portion of the southeasterly line hereof, a distance of 218.54
579	579	feet to a point for the westerly corner of said 0.475 acre tract of
580	580	land, same being an easterly corner of that certain 1.594 acre tract
581	581	of land conveyed to Mitchell Todd Warner by Deed of record in
582	582	Volume 291, Page 767 of said Official Public Records, for the
583	583	southerly corner hereof;
584	584	THENCE, leaving the westerly corner of said 0.475 acre tract of
585	585	land, along a portion of the northeasterly and the northwesterly
586	586	line of said 1.594 acre tract of land, being a portion of the
587	587	southwesterly line of said Walton Tract 2, for a portion of the
588	588	southwesterly line hereof, the following two (2) courses and
589	589	distances:
590	590	1) N42°36'27"W, a distance of 295.13 feet to a point for the
591	591	northerly corner of said 1.594 acre tract of land, for an angle
592	592	point hereof;
593	593	2) S50°02'58"W, a distance of 92.21 feet to a point for the
594	594	northerly corner of that certain 0.982 acre tract of land conveyed
595	595	to John Mark and Kristine Joanne Caldwell by Deed of record in
596	596	Volume 464, Page 696, same being the easterly corner of that
597	597	certain 0.92 acre tract of land conveyed to E & T Real Estate LLC by
598	598	Deed of record in Volume 640, Page 124, both of said Official Public
599	599	Records, for an angle point hereof;
600	600	THENCE, N50°25'05"W, leaving the northerly corner of said
601	601	0.982 acre tract of land, along the northeasterly line of said
602	602	0.92 acre tract of land, being a portion of the southwesterly line
603	603	of said Walton Tract 2, for a portion of the southwesterly line
604	604	hereof, a distance of 132.17 feet to a point for the northerly
605	605	corner of said 0.92 acre tract of land, same being the easterly
606	606	corner of that certain 1.8084 acre tract of land conveyed to John
607	607	and Debbie Newby by Deed of record in Volume 629, Page 6 of said
608	608	Official Public Records, for an angle point hereof;
609	609	THENCE, N50°17'14"W, leaving the northerly corner of said 0.92 acre
610	610	tract of land, along the northeasterly line of said 1.8084 acre
611	611	tract of land, being a portion of the southwesterly line of said
612	612	Walton Tract 2, for a portion of the southwesterly line hereof, a
613	613	distance of 200.68 feet to a point for the northerly corner of said
614	614	1.8084 acre tract of land, same being the easterly corner of that
615	615	certain 2.65 acre tract of land conveyed to Jose A. Lucio by Deed of
616	616	record in Volume 168, Page 160 of said Official Public Records, for
617	617	an angle point hereof;
618	618	THENCE, N50°15'12"W, leaving the northerly corner of said
619	619	1.8084 acre tract of land, along the northeasterly line of said
620	620	2.65 acre tract of land and the northeasterly line of that certain
621	621	0.762 acre tract of land conveyed to Dan Langan by Deed of record in
622	622	Volume 512, Page 356 of said Official Public Records, being a
623	623	portion of the southwesterly line of said Walton Tract 2, for a
624	624	portion of the southwesterly line hereof, a distance of 519.84 feet
625	625	to a point for the northerly corner of said 0.762 acre tract of
626	626	land, same being the easterly corner of that certain 0.632 acre
627	627	tract of land conveyed to Jason Derek McDaniel by Deed of record in
628	628	Volume 511, Page 346 of said Official Public Records, for an angle
629	629	point hereof;
630	630	THENCE, N50°05'12"W, leaving the northerly corner of said
631	631	0.762 acre tract of land, along the northeasterly line of said
632	632	0.632 acre tract of land, being a portion of the southwesterly line
633	633	of said Walton Tract 2, for a portion of the southwesterly line
634	634	hereof, a distance of 229.50 feet to a point for the northerly
635	635	corner of said 0.632 acre tract of land, same being the northerly
636	636	corner of that certain 1.0 acre tract of land conveyed to Robert W.
637	637	and Amanda Bagley by Deed of record in Volume 64, Page 190, and also
638	638	being the easterly corner of that certain 21.73 acre tract of land
639	639	conveyed to Leslie D. and Lorraine Harrison by Deed of record in
640	640	Volume 464, Page 830, both of said Official Public Records, for an
641	641	angle point hereof;
642	642	THENCE, N64°57'41"W, leaving the northerly corner of said 1.0 acre
643	643	tract of land, along the northeasterly line of said 21.73 acre
644	644	tract of land, being a portion of the southwesterly line of said
645	645	Walton Tract 2, for a portion of the southwesterly line hereof, a
646	646	distance of 1288.02 feet to a point in the southeasterly line of
647	647	that certain 11.562 acre tract of land conveyed to Robert Deviney
648	648	and James Deviney and Sandra Deviney by Deed of record in
649	649	Volume 206, Page 485 of said Official Public Records, same being
650	650	the northerly corner of said 21.73 acre tract of land and the
651	651	westerly corner of said Walton Tract 2, for the westerly corner
652	652	hereof;
653	653	THENCE, N49°01'38"E, leaving the northerly corner of said 21.73 acre
654	654	tract of land, along a portion of the southeasterly line of said
655	655	11.562 acre tract of land and the southeasterly line of said 1.0
656	656	acre Bluebonnet Electric Co-operative tract of land, being the
657	657	northwesterly line of said Walton Tract 2, for the northwesterly
658	658	line hereof, a distance of 889.03 feet to the POINT OF BEGINNING,
659	659	and containing an area of 51.7 acres of land, more or less, within
660	660	these metes and bounds.
661	661	PARCEL 4 - 48.2 ACRES
662	662	BEGINNING, at a point in the southeasterly right-of-way line of
663	663	State Highway 142 (R.O.W. varies), being the westerly corner of
664	664	that certain 17.28 acre tract of land conveyed to Ernest F. Garcia
665	665	by Deed of record in Volume 395, Page 154 of said Official Public
666	666	Records, same being the northerly corner of said Walton Tract 3, for
667	667	the northerly corner hereof;
668	668	THENCE, S41°49'05"E, leaving the southeasterly right-of-way line of
669	669	State Highway 142, along the southwesterly line of said 17.28 acre
670	670	tract of land, being the northeasterly line of said Walton Tract 3,
671	671	for a portion of the northeasterly line hereof, a distance of 759.20
672	672	feet to a point for the southerly corner of said 17.28 acre tract of
673	673	land, same being the westerly corner of that certain 4.000 acre
674	674	tract of land having been conveyed to Nelda Flores by Deed of record
675	675	in Volume 291, Page 312 of said Official Public Records, for an
676	676	angle point hereof;
677	677	THENCE, S41°57'43"E, leaving the southerly corner of said
678	678	17.28 acre tract of land, along the southwesterly line of said
679	679	4.000 acre tract of land, being the northeasterly line of said
680	680	Walton Tract 3, for a portion of the northeasterly line hereof, a
681	681	distance of 217.17 feet to a point for the southerly corner of said
682	682	4.000 acre tract of land, same being the westerly corner of that
683	683	certain 1.705 acre tract of land conveyed to Guadalupe Alvarez
684	684	(Record Deed not available), for an angle point hereof;
685	685	THENCE, S41°59'23"E, leaving the southerly corner of said
686	686	4.000 acre tract of land, along the southwesterly line of said
687	687	1.705 acre tract of land, being the northeasterly line of said
688	688	Walton Tract 3, for a portion of the northeasterly line hereof, a
689	689	distance of 216.81 feet to a point for the southerly corner of said
690	690	1.705 acre tract of land, same being the westerly corner of that
691	691	certain 0.498 acre tract of land conveyed to Steve Morris and wife,
692	692	Maritsa G. Morris by Deed of record in Volume 393, Page 825 of said
693	693	Official Public Records, for an angle point hereof;
694	694	THENCE, S41°50'02"E, leaving the southerly corner of said
695	695	1.705 acre tract of land, along the southwesterly line of said
696	696	0.498 acre tract of land, being the northeasterly line of said
697	697	Walton Tract 3, for a portion of the northeasterly line hereof, a
698	698	distance of 216.73 feet to a point for the southerly corner of said
699	699	0.498 acre tract of land, same being the westerly corner of that
700	700	certain 5.01 acre tract of land conveyed to Merced F. Garcia and
701	701	wife, Otilia F. Garcia & Patricia Garcia by Deed of record in Volume
702	702	396, Page 278 of said Official Public Records, for an angle point
703	703	hereof;
704	704	THENCE, S41°53'49"E, leaving the southerly corner of said
705	705	0.498 acre tract of land, along the southwesterly line of said
706	706	5.01 acre tract of land, being the northeasterly line of said
707	707	Walton Tract 3, for a portion of the northeasterly line hereof, a
708	708	distance of 216.46 feet to a point for the southerly corner of said
709	709	5.01 acre tract of land, same being the westerly corner of that
710	710	certain 10.0 acre tract of land conveyed to Vivian Gonzales by Deed
711	711	of record in Volume 20, Page 104 of said Official Public Records,
712	712	for an angle point hereof;
713	713	THENCE, S41°59'29"E, leaving the southerly corner of said 5.01 acre
714	714	tract of land, along a portion of the southwesterly line of said
715	715	10.0 acre tract of land, being the northeasterly line of said
716	716	Walton Tract 3, for a portion of the northeasterly line hereof, a
717	717	distance of 392.06 feet to a point for the northerly corner of a
718	718	future 5 foot wide City of Martindale Annexation Strip (not yet of
719	719	record), for the easterly corner hereof;
720	720	THENCE, S34°06'42"W, leaving the southwesterly line of said
721	721	10.0 acre tract of land, along the northwesterly line of said
722	722	future 5 foot wide City of Martindale Annexation Strip, over and
723	723	across said Walton Tract 3, for the southeasterly line hereof, a
724	724	distance of 565.46 feet to a point in the City of Martindale City
725	725	Limit Line, same being the westerly corner of said future 5 foot
726	726	wide City of Martindale Annexation Strip, for the southerly corner
727	727	hereof;
728	728	THENCE, leaving the westerly corner of said future 5 foot wide City
729	729	of Martindale Annexation Strip, over and across said Walton
730	730	Tract 3, along said City of Martindale City Limit Line, for a
731	731	portion of the southwesterly line hereof, the following two (2)
732	732	courses and distances:
733	733	1) N65°11'09"W, a distance of 676.57 feet, for an angle point
734	734	hereof;
735	735	2) N64°34'00"W, a distance of 1190.39 feet to a point in the
736	736	northeasterly line of that certain 3.89 acre tract of land conveyed
737	737	to Martindale Apartments Ltd. by Deed of record in Volume 97, Page
738	738	746 of said Official Public Records, for an angle point hereof;
739	739	THENCE, N32°05'06"W, leaving said City of Martindale City Limit
740	740	Line, along the northeasterly line of said 3.89 acre tract of land,
741	741	being a portion of the southwesterly line of said Walton Tract 3,
742	742	for a portion of the southwesterly line hereof, a distance of 494.79
743	743	feet to a point in the southeasterly right-of-way line of State
744	744	Highway 142, same being the northerly corner of said 3.89 acre tract
745	745	of land and the westerly corner of said Walton Tract 3, for the
746	746	westerly corner hereof;
747	747	THENCE, leaving the northerly corner of said 3.89 acre tract of
748	748	land, along the southeasterly right-of-way line of State Highway
749	749	142, being the northwesterly line of said Walton Tract 3, for the
750	750	northwesterly line hereof, the following four (4) courses and
751	751	distances:
752	752	1) N49°09'30"E, a distance of 316.15 feet, for an angle point
753	753	hereof;
754	754	2) N65°48'08"E, a distance of 69.19 feet, for an angle point
755	755	hereof;
756	756	3) N49°10'39"E, a distance of 19.56 feet, for an angle point
757	757	hereof;
758	758	4) N49°55'15"E, a distance of 789.52 feet to the POINT OF
759	759	BEGINNING, and containing an area of 48.2 acres of land, more or
760	760	less, within these metes and bounds.
761	761	PARCEL 5 - 37.8 ACRES
762	762	BEGINNING, at a point in the northeasterly right-of-way line of
763	763	State Highway 80 (R.O.W. varies), being the westerly corner of that
764	764	certain 33.7 acre portion of that certain 425.95 acre tract of land
765	765	conveyed to Herbert Richard Conrads by Deed of record in Volume 90,
766	766	Page 891 of said Official Public Records, same being the southerly
767	767	corner of said Walton Tract 3, for the southerly corner hereof;
768	768	THENCE, leaving the westerly corner of said 33.7 acre tract of land,
769	769	along the northeasterly right-of-way line of State Highway 80,
770	770	being a portion of the southwesterly line of said Walton Tract 3,
771	771	for the southwesterly line hereof, the following thirteen (13)
772	772	courses and distances:
773	773	1) N64°57'06"W, a distance of 799.01 feet, for an angle point
774	774	hereof;
775	775	2) N24°39'33"E, a distance of 5.22 feet, for an angle point hereof;
776	776	3) N64°53'40"W, a distance of 200.19 feet, for an angle point
777	777	hereof;
778	778	4) N25°06'20"E, a distance of 29.79 feet, for an angle point
779	779	hereof;
780	780	5) N64°53'40"W, a distance of 300.00 feet, for an angle point
781	781	hereof;
782	782	6) N25°06'20"E, a distance of 65.00 feet, for an angle point
783	783	hereof;
784	784	7) N64°53'40"W, a distance of 300.00 feet, for an angle point
785	785	hereof;
786	786	8) S25°06'20"W, a distance of 50.00 feet, for an angle point
787	787	hereof;
788	788	9) N64°53'40"W, a distance of 300.00 feet, for an angle point
789	789	hereof;
790	790	10) N26°24'46"E, a distance of 14.78 feet, for an angle point
791	791	hereof;
792	792	11) N64°53'40"W, a distance of 400.00 feet, for an angle point
793	793	hereof;
794	794	12) S25°06'20"W, a distance of 65.00 feet, for an angle point
795	795	hereof;
796	796	13) N64°53'40"W, a distance of 155.67 feet to a point for the
797	797	southeasterly corner of that certain 0.44 acre tract of land
798	798	conveyed to Juan C. Ocampo and Maria DeLaluz by Deed of record in
799	799	Volume 610, Page 520 of said Official Public Records, same being the
800	800	southwesterly corner of said Walton Tract 3, for an angle point
801	801	hereof;
802	802	THENCE, N30°39'55"W, leaving the northeasterly right-of-way line of
803	803	State Highway 80, along the northeasterly line of said 0.44 acre
804	804	tract, being a portion of the southwesterly line of said Walton
805	805	Tract 3, for a portion of the southwesterly line hereof, a distance
806	806	of 309.75 feet to a point for the southerly corner of that certain
807	807	3.89 acre tract of land conveyed to Martindale Apartments Ltd. by
808	808	Deed of record in Volume 97, Page 746 of said Official Public
809	809	Records, same being the easterly corner of that certain 0.79 acre
810	810	tract of land conveyed to Robert D. Norris and wife, Dana Kaye
811	811	Norris by Deed of record in Volume 245, Page 510 of said Official
812	812	Public Records and also being the northerly corner of said 0.44 acre
813	813	tract, and for the westerly corner hereof;
814	814	THENCE, leaving the northerly corner of said 0.44 acre tract, same
815	815	being the easterly corner of said 0.79 acre tract, along the
816	816	southeasterly line and a portion of the northeasterly line of said
817	817	3.89 acre tract, being a portion of the southwesterly line of said
818	818	Walton Tract 3, for a portion of the northwesterly line hereof, the
819	819	following two (2) courses and distances:
820	820	1) N48°39'51"E, a distance of 297.92 feet to a point for the
821	821	easterly corner of said 3.89 acre tract, for an angle point hereof;
822	822	2) N32°05'06"W, a distance of 104.72 feet to a point 5.00 feet
823	823	parallel and southwesterly from the City of Martindale City Limit
824	824	Line, for an angle point hereof;
825	825	THENCE, leaving the northeasterly line of said 3.89 acre tract,
826	826	along a line 5.00 feet parallel and southwesterly from said City of
827	827	Martindale City Limit Line, over and across said Walton tract 3, for
828	828	a portion of the northwesterly line hereof, the following two (2)
829	829	courses and distances:
830	830	1) S64°34'00"E, a distance of 1182.56 feet, for an angle point
831	831	hereof;
832	832	2) S65°11'09"E, a distance of 680.85 feet to a point 5.00 feet
833	833	parallel and southwesterly from the City of Martindale City Limit
834	834	Line, for an angle point hereof;
835	835	THENCE, N34°06'42"E, over and across said Walton Tract 3, for a
836	836	portion of the northwesterly line hereof, a distance of 5.07 feet to
837	837	a point in said City of Martindale City Limit Line, for an interior
838	838	corner of a future 5 foot wide City of Martindale Annexation Strip,
839	839	and for an angle point hereof;
840	840	THENCE, leaving said City of Martindale City Limit Line, over and
841	841	across said Walton Tract 3, along the interior lines of said future
842	842	5 foot wide City of Martindale Annexation Strip, for a portion of
843	843	the northwesterly line, the northeasterly line and a portion of the
844	844	southeasterly line hereof, the following five (5) courses and
845	845	distances:
846	846	1) N34°06'42"E, a distance of 558.25 feet to a point for the
847	847	northerly corner hereof;
848	848	2) S41°59'29"E, a distance of 33.53 feet, for an angle point
849	849	hereof;
850	850	3) S41°57'34"E, a distance of 215.40 feet, for an angle point
851	851	hereof;
852	852	4) S41°53'44"E, a distance of 831.66 feet to a point for the
853	853	easterly corner hereof;
854	854	5) S48°20'04"W, a distance of 139.08 feet to a point in said City of
855	855	Martindale City Limit Line, same being an interior corner of said
856	856	future 5 foot wide City of Martindale Annexation Strip, for an angle
857	857	point hereof;
858	858	THENCE, S63°39'51"E, along said City of Martindale City Limit Line,
859	859	being a southwesterly line of said future 5 foot wide City of
860	860	Martindale Annexation Strip, over and across said Walton Tract 3,
861	861	for a portion of the southeasterly line hereof, a distance of
862	862	5.39 feet to a point in the southeasterly line of said
863	863	Walton Tract 3, for the southeasterly corner of said future 5 foot
864	864	wide City of Martindale Annexation Strip, same being the westerly
865	865	corner of that certain 392.25 acre portion of that certain 425.95
866	866	acre tract of land conveyed to Herbert Richard Conrads by Deed of
867	867	record in Volume 90, Page 891 of said Official Public Records, same
868	868	also being the northerly corner of said 33.7 acre tract of land, for
869	869	an angle point hereof;
870	870	THENCE, S48°20'04"W, leaving said City of Martindale City Limit
871	871	Line, along the northwesterly line of said 33.7 acre tract of land,
872	872	being a portion of the southeasterly line of said Walton Tract 3,
873	873	for a portion of the southeasterly line hereof, a distance of 550.94
874	874	feet to the POINT OF BEGINNING, and containing an area of 37.8 acres
875	875	of land, more or less, within these metes and bounds.
876	876	SECTION 3. (a) The legal notice of the intention to
877	877	introduce this Act, setting forth the general substance of this
878	878	Act, has been published as provided by law, and the notice and a
879	879	copy of this Act have been furnished to all persons, agencies,
880	880	officials, or entities to which they are required to be furnished
881	881	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
882	882	Government Code.
883	883	(b) The governor, one of the required recipients, has
884	884	submitted the notice and Act to the Texas Commission on
885	885	Environmental Quality.
886	886	(c) The Texas Commission on Environmental Quality has filed
887	887	its recommendations relating to this Act with the governor, the
888	888	lieutenant governor, and the speaker of the house of
889	889	representatives within the required time.
890	890	(d) All requirements of the constitution and laws of this
891	891	state and the rules and procedures of the legislature with respect
892	892	to the notice, introduction, and passage of this Act are fulfilled
893	893	and accomplished.
894	894	SECTION 4. (a) If this Act does not receive a two-thirds
895	895	vote of all the members elected to each house, Subchapter C, Chapter
896	896	8434, Special District Local Laws Code, as added by Section 1 of
897	897	this Act, is amended by adding Section 8434.109 to read as follows:
898	898	Sec. 8434.109. NO EMINENT DOMAIN POWER. The district may
899	899	not exercise the power of eminent domain.
900	900	(b) This section is not intended to be an expression of a
901	901	legislative interpretation of the requirements of Subsection (c),
902	902	Section 17, Article I, Texas Constitution.
903	903	SECTION 5. This Act takes effect immediately if it receives
904	904	a vote of two-thirds of all the members elected to each house, as
905	905	provided by Section 39, Article III, Texas Constitution. If this
906	906	Act does not receive the vote necessary for immediate effect, this
907	907	Act takes effect September 1, 2013.