Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB184 Engrossed / Bill

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Regular Session, 2014
SENATE BILL NO. 184
BY SENATOR MILLS 
PUBLIC LANDS. Authorizes the commissioner of administration to convey or lease certain
lands in St. Martin Parish.  (gov sig)
AN ACT1
To authorize and provide for the transfer of certain state property; to authorize the transfer2
of certain state property in St. Martin Parish; to provide for the property description;3
to provide for reservation of mineral rights; to provide terms and conditions; to4
provide an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. The commissioner of administration and the secretary of the7
Department of Culture, Recreation, and Tourism are hereby authorized and8
empowered to lease any interest the state may have, excluding mineral rights, to all or9
any portion of the following described parcels of property to the Evangeline Area10
Council, Inc., Boy Scouts of America.11
Tract 112
That certain tract of land in the North Half of Section 6, Township 10 South,13
Range 8 East, Southwestern Land District, containing 73.8 acres, being Lot No.14
1 of a plat of survey dated December 26, 1957, of record in C.O.B. 355, Folio15
616, Entry 106, 651, St. Martin Parish, Louisiana, LESS AND EXCEPT 20.4616
acres, more or less, being that portion of said 73.8 acre tract which is situated17 SB NO. 184
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east of a line running parallel to and 500 feet west of the center line of the West1
Atchafalaya Basin Protection Levee, the portion here-by excepted containing2
20.46 acres and the portion remaining containing 53.34 acres.3
Tract 24
That certain tract of land located in the Southeast Quarter of Section 1,5
Township 10 South, Range 7 East, Southwestern Land District, being lots No.6
7 and No. 8 of a plat of survey dated December 26, 1957, of record in C.O.B.7
355, Folio 616, Entry 106, 651, St. Martin Parish, Louisiana, said tract8
containing 68.91 acres, more or less.9
Tract 310
That certain tract of land situated in the southern part of the South Half of11
Section 31, Township 9 South, Range 8 East, La. Mer., St. Martin Parish,12
Louisiana, bounded, now or formerly, on the North by the land of J. J. Burdin,13
Jr., et al, on the West by Daniel Quebedeaux. A.L. Buford, Abel Comb, Israel14
Curry, Adam Theriot and Wade Theriot, on the south by J.J. Martin, Jr., et al,15
and Lucien Voorhies, or assigns, and on the East by a line 500 feet west of and16
parallel to the center line of the Atchafalaya West Guide Protection Levee,17
containing 13.69 acres, more or less.18
Tract 419
That certain tract or parcel of land containing 11.75 acres, more or less,20
designated and shown as the western 11.75 acres of Lot 4 on a plat showing a21
partition among the Heirs of J. Raoul Olivier of property located in Section 1,22
Township 10 South, Range 7 East and Section 6, Township 10 South, Range 823
East, St. Martin Parish, Louisiana, prepared by C. K. Langlinais, Registered24
Land Surveyor, dated July 8, 1958, and attached to an Act of Partition between25
Robert M. Olivier and Henry R. Olivier dated October 21, 1964 and recorded26
October 26, 1964 in COB 507, Folio 511, under Entry Number 130, 277, Records27
of St. Martin Parish, Louisiana; said tract being bounded now or formerly on28
the North by Theodora O. Daniels; on the East by the Heirs of Robert M.29 SB NO. 184
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Olivier; on the West by Lake Catahoula and on the South by A. Lambert1
Voorhies.2
Tract 53
That certain tract or parcel of land in the Southeast Quarter (SE/4) of Section4
1, Township 10 South, Range 7 East, St. Martin Parish, Louisiana, containing5
8.615 acres, more or less, designated and shown as the Eastern 8.615 acres of6
Lot 10 on that certain plat showing a portion among the heirs of J. Raoul7
Olivier of property located in Section 1, Township 10 South, Range 7 East, and8
in Section 6, Township 10 South, Range 8 East, St. Martin Parish, Louisiana,9
prepared by C.K. Langlinais, Registered Land Surveyor, dated July 8, 1958 and10
attached to an Act of Partition between Robert M. Olivier and Henry R. Olivier11
dated October 21, 1964 and recorded October 26, 1964 in COB 507, Folio 511,12
under Entry Number 130, 277, records of St. Martin Parish, Louisiana,13
bounded now or formerly on the North by Theodora O. Daniels; on the East by14
A. Lambert Voorhies; on the West by the Heirs of Robert M. Olivier; and on15
the South by the Heirs of Robert M. Olivier.16
Tract 617
That certain tract of land situated in the South Half of Section 31, Township 918
South, Range 8 East, La. Mer., St. Martin Parish, Louisiana, bounded now or19
formerly on the north by lands of J. J. Martin, Jr., et al, on the north and west20
by the Public Road running from Catahoula Lake to the West Atchafalaya21
Basin Protection Levee, on the south in part by lands of Bernard S. Dessens or22
assigns, and in part by lands of J. J. Burdin, Jr., et al or assigns, and on the east23
by a line running parallel to and 500 feet west of the center line of the West24
Atchafalaya Basin Protection Levee, LESS AND EXCEPT that certain irregular25
shaped tract of land situated in the Third Ward of the Parish of St. Martin,26
Louisiana, in Section 31, Township 9 South, Range 8 East, containing 1.74 acres27
and described as follows to-wit: Beginning at the southwest corner at Section 31,28
Township 9 South, Range 8 East, Southwestern Land District, St. Martin29 SB NO. 184
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Parish, Louisiana thence in a northerly direction along the range line between1
Township 9 South, Range 7 East and Township 9 South, Range 8 East, a2
distance of 395.9 feet to a point in said range line: thence in an easterly direction3
a distance of 526.0 feet to a point on the south side of the public road leading4
from Lake Catahoula to the Protection Levee, this being the point of beginning;5
thence from point of beginning along the south side of the public road leading6
from Lake Catahoula to the Protection Levee, north 53 degrees, 44 minutes east7
a distance 27.4 feet to a point; thence north 48 degrees 24 minutes east a8
distance of 511.9 feet to a point on the south side of the public road leading from9
Lake Catahoula to the Protection Levee; thence south 24 degrees 17 minutes10
east a distance of 100 feet to a point; thence south 48 degrees, 24 minutes west11
a distance of 100 feet to a point; thence south 24 degrees 17 minutes east a12
distance of 217.8 feet to a point; thence west 460.8 feet to point of beginning, as13
will more fully appear by reference to a plat of survey made by G.K. Pratt14
Munson, Civil Engineer and Surveyor, dated July 5th, 1956, and designated as15
"Tract A" on such plat, which is attached to an Act of Exchange between B.S.16
Dessens and J.J. Burdin, Jr., et al dated July 15th, 1956 and recorded October17
30th, 1956, in COB 315 page 316 under Entry Number 101077, Records of St.18
Martin Parish, Louisiana.19
Tract 720
That certain tract of land situated in the Third Ward of the Parish of St.21
Martin, Louisiana in Section 31, Township 9 South, Range 8 East, containing22
four (4.0) acres and described as follows: Beginning at the southwest corner of23
Section 31, Township 9 South, Range 8 East, Southwestern Land District, St.24
Martin Parish, Louisiana thence north 395.9 feet along the range line between25
Township 9 South, Range 7 East, and Township 9 South, Range 8 East, to a26
point in said range line; thence in an easterly direction a distance of 1250 feet27
to a point, being the point of beginning; thence in an easterly direction a28
distance of 834.8 feet to a point, thence in a southerly direction a distance of29 SB NO. 184
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208.7 feet to a point; thence in a westerly direction a distance of 834.8 feet to a1
point; thence in a northerly direction a distance of 208.7 feet to point of2
beginning, as will more fully appear by reference to a plat of survey made by G.3
K. Pratt Munson, Civil Engineer and Surveyor, dated July 5th, 1956, designated4
as "Tract B" on such plat, which is attached to an Act of Exchange between E.5
S. Dessens and J.J. Burdin, Jr., et al dated July 15th 1956, and recorded6
October 30th, 1956 in Conveyance Book 315 page 316, under Entry Number7
101077, records of St. Martin Parish, Louisiana.8
Tract 89
That certain tract or parcel of land containing 23.5 acres, more or less,10
described and identified as Lot 3 of a plat showing the partition of property11
among the Heirs of J. Raoul Olivier, located in Section 1, Township 10 South,12
Range 7 East and section 6, Township 10 South, Range 8 East, St. Martin13
Parish, Louisiana prepared by C.K. Langlinais, Registered Land Surveyor,14
dated July 8, 1958 and attached to an Act of Partition among the Heirs of J.15
Raoul Olivier dated August 1, 1958, and recorded September 19, 1958, in COB16
360, Folio 108, under Entry Number 107400, records of St. Martin Parish,17
Louisiana; bounded now or formerly on the North by Loy Raoul Olivier and18
Pierre Francois Olivier, on the East by Lucien Voorhies, on the West by Lake19
Catahoula and on the South by Henry R. Olivier and Heirs of Robert M.20
Olivier; LESS AND EXCEPT any portion of said tract lying east of a line21
running parallel to and 500 feet west of the West Atchafalaya Basin Protection22
Levee.23
Tract 924
That certain tract or parcel of land in the Southeast Quarter (SE/4) of Section25
1, Township 10 South, Range 7 East, St. Martin Parish, Louisiana, containing26
17.23 acres, more or less, described and identified as Lot 9 of a plat showing a27
partition among the Heirs of J. Raoul Olivier of property located in Section 1,28
Township 10 South, Range 7 East and Section 6, Township 10 South, Range 829 SB NO. 184
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East, St. Martin Parish, Louisiana, prepared by C.K. Langlinais, Registered1
Land Surveyor, dated July 8, 1958 and attached to an Act of Partition among2
the Heirs of J. Raoul Olivier dated August 1, 1958, and recorded September 19,3
1958 in COB 360, Folio 108, under Entry Number 107400, Records of St.4
Martin Parish, Louisiana; said tract being bounded now or formerly on the5
North by the Dow Chemical Company, et al; on the East by A. Lambert6
Voorhies; on the West by the Dow Chemical Company, et al; and on the South7
by the heirs of Robert M. Olivier and by Henry R. Olivier.8
Tract 109
That certain tract or parcel of land containing 2.36 acres, more or less,10
described and identified as Lot 7 of a plat showing the partition of property11
among the Heirs of J. Raoul Olivier located in Section 1, Township 10 South,12
Range 7 East, and Section 6, Township 10 South, Range 8 East, St. Martin13
Parish, Louisiana, prepared by C.K. Langlinais, Registered Land Surveyor,14
dated July 8, 1958 and attached to an Act of Partition among the Heirs of J.15
Raoul Olivier dated August 1, 1958 and recorded September 19, 1958, in COB16
360, Folio 108, under Entry Number 107400, records of St. Martin Parish,17
Louisiana; said tract being bounded now or formerly on the North by Nicholas18
D. Olivier, on the East by Lake Catahoula, on the West by The Dow Chemical19
Company et al, and on the South by Theodora O. Daniels.20
Tract 1121
That certain tract or parcel of land in the Southeast Quarter (SE/4) of Section22
1, Township 10 South, Range 7 East, St. Martin Parish, Louisiana, containing23
8.615 acres, more or less, designated and shown as the western 8.615 acres of24
Lot 10 on that certain plat showing a partition among the Heirs of J. Raoul25
Olivier of property located in Section 1, Township 10 South, Range 7 East and26
Section 6, Township 10 South, Range 8 East, St. Martin Parish, Louisiana,27
prepared by C. K. Langlinais, Registered Land Surveyor, dated July 8, 195828
and attached to an Act of Partition between Robert M. Olivier and Henry R.29 SB NO. 184
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Olivier dated October 21, 1964 and recorded October 26, 1964 in COB 507,1
Folio 511, under Entry Number 130,277, Records of St. Martin Parish,2
Louisiana, bounded now or formerly on the North by Theodora O. Daniels; on3
the East by Henry R. Olivier; on the West by the Dow Chemical Company, et4
al; and on the South by the Heirs of Robert M. Olivier.5
Tract 126
That certain tract or parcel of land in the Southeast Quarter (SE/4) of Section7
1, Township 10 South, Range 7 East, St. Martin Parish, Louisiana, containing8
17.23 acres, more or less, described and identified as Lot 11 of a plat showing9
the partition among the Heirs of J. Raoul Olivier of property located in Section10
1, Township 10 South, Range 7 East and in Section 6, Township 10 South,11
Range 8 East, St. Martin Parish, Louisiana, prepared by C.K. Langlinais,12
Registered Land Surveyor, dated July 8, 1958 and attached to an Act of13
Partition among the Heirs of J. Raoul Olivier dated August 1, 1958, and14
recorded September 19, 1958 in COB 360, Folio 108, under Entry Number15
107,400, Records of St. Martin Parish, Louisiana, bounded now or formerly on16
the North by the Heirs of Robert M. Olivier and by Henry R. Olivier; on the17
East by A. Lambert Voorhies; on the West by the Dow Chemical Company et18
al and by Helen Burdin Clifton; and on the South by Nicholas D. Olivier.19
Tract 1320
That certain tract of land containing 166.69 acres, more or less, located in the21
South Half of Section 6, Township 10 South, Range 8 East, St. Martin Parish,22
Louisiana, and being more particularly described as follows: Commencing at23
the southeast corner of Section 1, Township 10 South, Range 7 East, Parish of24
St, Martin, State of Louisiana, which said corner is a concrete post found in25
place; PROCEED N 00/ 50' 14" W along the Range Line which is the property26
line between Helen Burdin Clifton and G. Wade Burdin, et al, for a distance of27
428.10 feet to the POINT OF BEGINNING, which said point is also the28
southwest corner of Section 6, Township 10 South, Range 8 East; THENCE N29 SB NO. 184
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00/ 50' 14" W along the range Line for a distance of 2640.0 feet; THENCE S 89/1
55' 14" E for a distance of 2600.0 feet which said point is on the westerly edge2
of the Borrow Pit Area and which said point is also 591.75 feet west of the3
centerline of the West Atchafalaya Basin Protection Levee; THENCE in a4
southerly and a southeasterly direction meandering along the westerly edge of5
the Borrow Pit Area for an approximate distance of 2680 feet, which said point6
lies on the property line between A. Lambert Voorhies, et al, and G. Wade7
Burdin, et al, and which said point is also 574.03 feet west of the center line of8
the West Atchafalaya Basin Protection Levee; THENCE N 89/ 17' 34" W along9
the property line between A. Lambert Voorhies, et al, and G. Wade Burdin, et10
al, which said property line is the section line between Sections 6 and 7,Townsip11
10 South, Range 8 East, for a distance of 2800.0 feet to the POINT OF12
BEGINNING; said tract of land being bounded, now or formerly, on the north13
by the Heirs of J.R. Olivier, on the south by G. Wade Burdin, et al and on the14
west by Helen Burdin Clifton and the Heirs of J.R. Olivier, all as more fully15
shown on the Plat of Survey prepared by Roland W. Laurent & Associates,16
Lafayette, Louisiana, dated August 17, 1976, and revised January 4, 1977.17
Tract 1418
That certain tract or parcel of land containing 3.48 acres located in the South19
Half of Section 31, Township 9 South, Range 8 East, St. Martin Parish,20
Louisiana, bounded now or formerly on the north by the public road running21
from Catahoula Lake to the West Atchafalaya Basin Protection Levee; on the22
Robert M. Flemming, et al; and on the south by J.J. Burdin, et al, which tract23
of land is fully shown, identified and located as being enclosed within the letters24
A, B, C, D, A on that certain plat of survey by Roland W. Laurent & Associates25
dated December 20, 1978.26
Tract 1527
That certain tract of land containing 10.41 acres situated in North Half of28
Section 6, Township 10 South, Range 8 East, Southwestern Land District, St.29 SB NO. 184
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Martin Parish, Louisiana, on the east side of Lake Catahoula, measuring one1
arpent front on Lake Catahoula, more or less, bounded now or formerly on the2
North by B.S. Dessens or assigns; South by Helen Burdin Clifton or assigns;3
West by Lake Catahoula; and East by a line running parallel to and 500 feet4
west of the center line of the West Atchafalaya Basin Protection levee.5
Tract 166
The certain tract or parcel of land containing approximately Seventeen and7
Twenty-three Hundredths Acres, more or less (17.23 Acs. more or less) shown,8
located and identified as Lot Twelve (12) on that certain Plat of Survey, dated9
July 8, 1958, showing the partition of property among the Heirs of J. Raoul10
Olivier located in Section One (1), Township Ten (10) South, Range Seven (7)11
East, Louisiana Meridian, Prepared by C.K. Langlinais, Registered Land12
Surveyor, attached to an Act of Partition among the Heirs of J. Raoul Olivier,13
dated August 1, 1958, and recorded September 19, 1958, in Conveyance Book14
Three Hundred Sixty (360), Folio One Hundred eight (108), under Entry15
Number C-One Hundred Seven Thousand Four Hundred (C107,400)of the16
records of the Office Clerk of the court and Ex-Officio Recorder in and for the17
Parish of St. Martin, State of Louisiana. The aforesaid Lot Number Twelve is18
located in the Southeast quarter of Section One (1), Township Ten (10) South,19
Range Seven (7) East, Louisiana Meridian, in the Parish of St. Martin, State of20
Louisiana, and bounded now or formerly on the North by land belonging now21
or formerly to the Heirs of Robert M. Olivier, on the East by land now or22
formerly to A. Lambert Voorhies, et al, on the West by land belonging now or23
formerly to Mrs. Helen Burdin Clifton, and on the South by land belonging now24
or formerly to Mrs. Helen Burdin Clifton.25
Tract 1726
That certain tract or parcel of land containing approximately Twenty-three and27
Fifty-hundredths Acres, more or less (23.50 Acs., more or less) of land located28
in Section Six (6), Township Ten (10) South, Range Eight (8) East, Louisiana29 SB NO. 184
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Meridian, identified as Lot Number Two (2) on that certain Plat of Survey1
dated July 8, 1958, showing the Partition of Properties among the Heirs of J.2
Raoul J. Olivier, located at Catahoula Lake, in the Parish of St. Martin, State3
of Louisiana, prepared by C. K. Langlinais, Registered Land Surveyor, which4
said Plat of Survey was attached to and recorded with that certain Act of5
Partition among the Heirs of J. Raoul Olivier, dated August 1, 1958, recorded6
on September 19, 1958, in Conveyance Book Three Hundred Sixty (360), Folio7
One Hundred Eight (108), under Entry Number C-One Hundred Seven8
Thousand Four Hundred (C-107,400), of the records of the Office of the Clerk9
of Court and Ex-Officio Recorder in and for the Parish of St. Martin, State of10
Louisiana. The aforesaid tract of land (Lot Number Two) is bounded on the11
North by land belonging now or formerly to Nicholas D. Olivier, on the East by12
land belonging now or formerly to A. Lambert Voorhies, et al, on the South by13
land belonging now or formerly to Mrs. Theodora Olivier Daniels, and on the14
West by Lake Catahoula. The aforesaid tract of land acquired by Loy Raoul15
Olivier and Pierre Francois Olivier by inheritance from the Succession of16
Dorothy Olivier Hewes, Estate No. 13,039 of the Fifteenth Judicial District17
Court in and for the Parish of Lafayette, State of Louisiana, by that certain18
Judgment, dated April 3, 1969, placing Loy Raoul Olivier and Pierre Francois19
Olivier in possession of the aforesaid tract of land. Said judgment, dated April20
3, 1969, was duly recorded on April 3, 1969 in Conveyance Book Six Hundred21
Seventeen (617), Folio Eight Hundred Forty-nine (849), Entry Number One22
Hundred Forty-six Thousand Five Hundred eight-six (146,586) of the records23
of the Office of the Clerk of Court and Ex-Officio Recorder in and for the24
Parish of St. Martin, State of Louisiana. There is expressly and specifically25
excepted all that portion of the hereinabove described Lot Number Two (2)26
lying East of a line running parallel to and Five Hundred Feet (500) West of the27
center line of the West Atchafalaya Basin Protection Levee.28
Tract 1829 SB NO. 184
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That certain tract or parcel of land containing approximately Twenty-three and1
Fifty-hundredths Acres, more or less (23.50 Acs., more or less) of land located2
in Section Six (6), Township Ten (10) South, Range Eight (8) East, Louisiana3
Meridian, identified as Lot Number One (1) on that certain Plat of Survey dated4
July 8, 1958, showing the Partition of Properties among the Heirs of J. Raoul5
Olivier, located at Catahoula Lake, in the Parish of St. Martin, State of6
Louisiana, prepared by C. K. Langlinais, Registered Land Surveyor, which said7
Plat of Survey was attached to and recorded with that certain Act of Partition8
among the Heirs of J. Raoul Olivier, dated August 1, 1958, recorded on9
September 19, 1958, in Conveyance Book Three Hundred Sixty (360), Folio One10
Hundred Eight (108), under Entry Number C-One Hundred Seven Thousand11
Four Hundred (C-107,400), of the records of the Office of the Clerk of Court12
and Ex-Officio Recorder in and for the Parish of St. Martin, State of Louisiana.13
The aforesaid tract of land (Lot Number One) is bounded on the North by land14
belonging now or formerly to Mrs. Helen Burdin Clifton, on the East by land15
belonging now or formerly to A. Lambert Voorhies, et al, on the west by Lake16
Catahoula, and on the South by land belonging now or formerly to Loy Raoul17
Olivier and Pierre Francois Olivier. There is expressly and specifically excepted18
all that portion of the hereinabove described Lot Number One (1), lying East of19
a line running parallel to and Five Hundred Feet (500 ft.) West of the center line20
of the West Atchafalaya Basin Protection Levee.21
Section 2. The commissioner of administration and the secretary of the22
Department of Culture, Recreation, and Tourism are hereby authorized to enter into23
such agreements, covenants, conditions, and stipulations and to execute such24
documents as necessary to properly effectuate a lease to the property described in25
Section 1 with the Evangeline Area Council, Inc., Boy Scouts of America in exchange26
of consideration proportionate to at least the appraised value of the property; provided,27
however, that the purpose of such lease is to develop not less than half the land28
transferred as a recreational area with public access and not more than half the land29 SB NO. 184
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is dedicated for exclusive or restricted use by the Evangeline Area Council, Inc., Boy1
Scouts of America.2
Section 3. Notwithstanding any other provision of law to the contrary, in the3
event any offer to purchase the land is made to the state or any offer is made by the4
State to sell the land described in Section 1, the state will first offer the land back to the5
original transferors for the equivalent value paid by the state to originally acquire the6
land. Notice shall be sent by certified mail to the most recent address provided by the7
secretary of the Department of Culture, Recreation, and Tourism and the office of state8
lands and no sale shall occur until the original transferors are provided ninety days to9
respond. The right of first refusal granted herein is recognized as personal, heritable,10
and vested upon the effective date of this Act.11
Section 4. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by McHenry Lee.
DIGEST
Mills (SB 184)
Authorizes the transfer or lease of certain state property in St. Martin Parish.
Effective upon signature of the governor or lapse of time for gubernatorial action.