81R9436 PMO-D
By: Otto H.B. No. 2979
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain state property from the Texas
Department of Transportation to Polk County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Not later than September 30, 2009, the Texas
Department of Transportation shall transfer to Polk County the real
property described by Subsection (f) of this section.
(b) Polk County may use the property transferred under this
Act only for a purpose that benefits the public interest of the
state. If Polk County uses the property for any purpose other than
a purpose that benefits the public interest of the state, Polk
County shall pay to the Texas Department of Transportation an
amount equal to the fair market value of the property on the date
Polk County begins using the property for the purpose other than a
purpose that benefits the public interest of the state, less the
amount that Polk County paid to the Texas Department of
Transportation under Subsection (c) of this Act.
(c) On the effective date of the transfer authorized under
Subsection (a), Polk County shall pay an amount to reimburse the
Texas Department of Transportation for the department's actual
costs to acquire the property. If the Texas Department of
Transportation cannot determine that amount, the amount shall be
determined based on the average historical right-of-way
acquisition values for right-of-way located in proximity to the
property described by Subsection (f) on the date of original
acquisition of the property by the Texas Department of
Transportation. Money received by the Texas Department of
Transportation under this subsection shall be deposited in the
state highway fund and used in the Texas Department of
Transportation district in which the property is located.
(d) The Texas Department of Transportation shall transfer
the property by an appropriate instrument of transfer. The
instrument of transfer must:
(1) provide that:
(A) Polk County may use the property only for a
purpose that benefits the public interest of the state; or
(B) if Polk County uses the property for any
purpose other than a purpose that benefits the public interest of
the state, Polk County shall pay to the Texas Department of
Transportation an amount equal to the fair market value of the
property on the date Polk County begins using the property for the
purpose other than a purpose that benefits the public interest of
the state, less the amount that Polk County paid to the Texas
Department of Transportation under Subsection (c) of this Act; and
(2) describe the property to be transferred by metes
and bounds.
(e) The Texas Department of Transportation shall retain
custody of the instrument of transfer after the instrument of
transfer is filed in the real property records of Polk County.
(f) The real property referred to in this section is
described as follows:
FIELDNOTES of 10.549 Acres in the M.L. Choate Survey, A-15, Polk
County, Texas and being all of a 1.338 Acre Tract described under
Parcel 28, Part 1 in a Judgment of Court in the State of Texas, et
al, versus Wayne Duncan and wife, Judy Duncan, dated August 6, 1975
and recorded in Volume 305, Page 357 of the Polk County Deed Records
and also being part of a 20.198 Acre Tract described under Parcel
26, Part 2 in a deed from H.D. Nixon and wife, Bonibel Nixon, et al,
to the State of Texas dated August 21, 1975 and recorded in Volume
305, Page 726 of said Deed Records. Said 10.549 Acres being more
particularly described as follows:
BEGINNING at the most Northerly West corner of said 20.198 Acre
Tract and an interior corner of a 224.204 Acre Tract conveyed to the
City of Livingston by deed recorded in Volume 450, Page 805 of said
Deed Records, found a concrete monument with a 1/2" iron rod for
corner;
THENCE with the most Northerly Northwest Line of said 20.198 Acre
Tract and a Southeast Line of said 224.204 Acre Tract, N4828'33"E
399.68 feet to the most Northerly North corner of said 20.198 Acre
Tract and an interior corner of said 224.204 Acre Tract, found a
concrete monument with a 1/2" iron rod for corner;
THENCE with the most Northerly Northeast Line of said 20.198 Acre
Tract, a Southwest Line of said 224.204 Acre Tract, the Southwest
Line of Garden Ridge Subdivision as shown on a Plat recorded in
Volume 11, Page 31 of the Polk County Plat Records, the Southwest
Line of the residue of a 4.873 Acre Tract conveyed to Donald R.
Langston by deed recorded in Volume 1064, Page 882 of said Official
Records, and the Northeast Line of said 1.338 Acre Tract,
S4133'29"E 1,149.91 feet to an interior corner of said 20.189 Acre
Tract and the South corner of said residue Tract, found a concrete
monument with a 1/2" iron rod for corner which bears N4126'31"W 200
feet from Highway No. 59 centerline station 164+49.77 and also
marks the beginning of a Control of Access Line;
THENCE across and severing said 20.198 Acre Tract, S4833'29"W, at
369.77 feet and N4126'31"W 200 feet from station 161+10.00 pass the
end of said Control of Access Line and continue on same course a
total distance of 399.77 feet to an interior corner of said 20.198
Acre Tract and the East corner of a 1.250 Acre Tract conveyed to the
Polk County Chamber of Commerce by deed recorded in Volume 1089,
Page 79 of said Official Records, found a concrete monument with a
1/2" iron rod for corner which bears N4126'31"W 200 feet from said
Highway centerline at station 160+50.00;
THENCE with the Northeast Line of said 1.250 Acre Tract, the
Northeast Line of said 224.204 Acre Tract, and the Southwest Line of
said 20.198 Acre Tract, N4133'13"W 1,149.34 feet to the Place of
Beginning and containing 10.549 Acres of Land.
The bearings described herein are based upon the most Westerly
Northwest Line of said 20.198 Acre Tract.
(g) Polk County shall pay any transaction fees resulting
from the transfer of property under this Act.
SECTION 2. 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, 2009.