HLS 21RS-976 ORIGINAL 2021 Regular Session HOUSE BILL NO. 646 BY REPRESENTATIVE JAMES Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. PROPERTY: Provides relative to the dedication of state lands to the Recreation and Park Commission for the Parish of East Baton Rouge (BREC) 1 AN ACT 2To authorize and provide for the interest in and use of certain state property; to authorize the 3 transfer of certain state property in East Baton Rouge Parish; to authorize the state 4 to enter into agreements regarding the dedicated property; to provide for property 5 descriptions; to provide for reservation of mineral rights; to provide terms and 6 conditions; to provide an effective date; and to provide for related matters. 7Be it enacted by the Legislature of Louisiana: 8 Section 1. The commissioner of administration, notwithstanding any law to the 9contrary, is hereby authorized and empowered to convey, transfer, assign, lease, or deliver 10any right or interest, excluding mineral rights, the state may have in and to all or any portion 11of the following described property (hereinafter "Dedicated Property"), to the Recreation and 12Parks Commission for the Parish of East Baton Rouge (hereinafter "BREC"): 13 1948 Dedication 14 A certain tract or parcel of land containing Thirty-one and 15 Sixty-seven One-Hundredths (31.67) acres and being described with 16 reference to a survey of a portion of property formerly known as Louisiana 17 State University Experimental Farm and belonging to the State of Louisiana, 18 lying wholly in Section 44, Township 7 South, Range 1 West, prepared by 19 Barnard & Burk, Consulting Engineers of Baton Rouge, Louisiana, and dated 20 November 24, 1948, a blue print of which is attached hereto, made a part 21 hereof and paraphed "Ne Varietur" by me, Notary Public for identification 22 with these presents, said tract or parcel of land being described with 23 reference to said survey as follows, to-wit: 24 Starting at a concrete monument which is the section corner of 25 Sections 42, 44, 45 and 46, Range 1 West, Township 7 South and traveling Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-976 ORIGINAL HB NO. 646 1 in a Westerly direction on the section line of Sections 42 and 44, Range 1 2 West, Township 7 South and on a bearing of South eighty-eight degrees five 3 minutes West (S88 -05'W) for a distance of one thousand eighty-four and 4 00/100 (1084.00) feet, thence Southerly on a bearing of South one degree 5 fifty-two minutes East (S1°-52'E) a distance of fifty and 00/100 (50.00) feet 6 to an iron pin marking the Northeast corner of parcel surveyed and referred 7 to as the point of beginning. 8 Beginning at the aforementioned iron pin and traveling in a Westerly 9 direction parallel to the section line of Section 42 and Section 44 and on a 10 bearing of South eighty-eight degrees five minutes West (S88°-05'W) for a 11 distance of one thousand five hundred seventy-three and 50/100 (1,573.50) 12 feet to an iron pin, thence Southerly on a bearing of South two degrees 13 fifty-six minutes East (S2°-56'E) a distance of five hundred twenty-eight and 14 90/100 (528.90) feet to an iron pin, thence Easterly on a bearing of North 15 eighty-seven degrees and four minutes East (N87°-04'E), a distance of 16 twenty-five and 00/100 (25.00) feet to an iron pin, thence Southerly on a 17 bearing of South two degrees fifty-six minutes East (S2°-56'E) for a distance 18 of three hundred sixty-three and 00/100 (363.00) feet to an iron pin, thence 19 Easterly on a bearing of North eighty-seven degrees forty-nine minutes East 20 (N87°-49'E) a distance of one thousand five hundred thirty and 78/100 21 (1530.78) feet to an iron pin, thence Northerly on a bearing of North one 22 degree fifty-two minutes West (N1°-52'W) a distance of eight hundred 23 eighty-four and 30/100 (884.30) feet to point of beginning at Northeast 24 corner of property surveyed. 25 1954 Dedication 26 Beginning at an iron bar on the north right-of-way of Foss Street at 27 the southeast corner of property of Military District of Louisiana and at the 28 southwest corner of land surveyed; thence north eight-eight degrees and 29 eleven minutes east (N 88° - 11’ E) seven hundred fifty-four and ten 30 hundredth (754.10) feet along the northerly right-of-way of Foss Street to an 31 iron pipe at the southeast corner of the land surveyed; thence north two 32 degrees and twenty-nine minutes west (N 2° - 29’ W) five hundred seventy- 33 two and sixty-nine hundredth (572.69) feet along the westerly right-of-way 34 of Scenic Highway to an iron pipe at the northeast corner of land surveyed; 35 thence south eighty-seven degrees and fifty-seven minutes west (S 87° - 57’ 36 W) seven hundred fifty-eight and forty-nine hundredth (758.49) feet along 37 the southerly boundary of Ellerslie Subdivision to an iron pipe at the 38 northwest corner of land surveyed; thence south two degrees and fifty-six 39 minutes east (S 2° - 56’ E) five hundred sixty-eight and eight tenths (568.8) 40 feet to the point of beginning. Said tract of land contains nine and forty-six 41 hundredth (9.46) acres more or less. 42 (The Acts of Dedication are attached.) 43 Section 2. In addition to the authority granted in Section 1 of this Act, the 44commissioner of administration is hereby authorized and empowered to enter into any 45agreement, cooperative endeavor, commercial lease, or other contractual relationship with 46BREC, with a third party, or with BREC and a third party, for the purpose of development 47within the Dedicated Property, provided that any such agreement shall provide a 48demonstrable benefit to the public in its use of the property, and shall enhance the public's Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-976 ORIGINAL HB NO. 646 1use and enjoyment of the property or otherwise support BREC's ability keep and operate the 2property and improvements thereon for the broad purpose for which the land was originally 3dedicated, namely, public parks and recreation facilities. Any such agreement shall be 4agreed upon by and between the commissioner of administration and BREC. 5 Section 3. The commissioner of administration is hereby authorized to enter into 6such agreements, covenants, conditions, and stipulations and to execute such documents as 7may be necessary to properly effectuate any conveyance, transfer, assignment, lease, or 8delivery of title or interest, excluding mineral rights, to the property described in Section 1 9of this Act, and as more specifically described in any such agreements entered into and 10documents executed by and between the commissioner of administration, BREC, and any 11third party as provided in this Act. 12 Section 4. No authority provided for in this Act shall be construed in any way to 13interfere with the existing dedication or with BREC's rights and responsibilities under the 14dedication, or to authorize any further restriction of BREC's permitted use of the Dedicated 15Property. The authority provided for in this Act is intended only to allow for the expansion 16of permissible uses of the Dedicated Property by BREC, for the benefit of the community, 17and as agreed to by the commissioner of administration. 18 Section 5. This Act shall become effective upon signature by the governor or, if not 19signed by the governor, upon expiration of the time for bills to become law without signature 20by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 21vetoed by the governor and subsequently approved by the legislature, this Act shall become 22effective on the day following such approval. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 646 Original 2021 Regular Session James Authorizes the state to transfer any right or interest, or enter into any agreement, which will facilitate expanded uses by the Recreation and Parks Commission for the Parish of East Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-976 ORIGINAL HB NO. 646 Baton Rouge of certain dedicated property in East Baton Rouge Parish for the benefit of the public. Provides for the reservation of mineral rights for the state. Effective upon signature of governor or lapse of time for gubernatorial action. Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.