Texas 2009 - 81st Regular

Texas House Bill HB2979 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9436 PMO-D
2	2	By: Otto H.B. No. 2979
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transfer of certain state property from the Texas
8	8	Department of Transportation to Polk County.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. (a) Not later than September 30, 2009, the Texas
11	11	Department of Transportation shall transfer to Polk County the real
12	12	property described by Subsection (f) of this section.
13	13	(b) Polk County may use the property transferred under this
14	14	Act only for a purpose that benefits the public interest of the
15	15	state. If Polk County uses the property for any purpose other than
16	16	a purpose that benefits the public interest of the state, Polk
17	17	County shall pay to the Texas Department of Transportation an
18	18	amount equal to the fair market value of the property on the date
19	19	Polk County begins using the property for the purpose other than a
20	20	purpose that benefits the public interest of the state, less the
21	21	amount that Polk County paid to the Texas Department of
22	22	Transportation under Subsection (c) of this Act.
23	23	(c) On the effective date of the transfer authorized under
24	24	Subsection (a), Polk County shall pay an amount to reimburse the
25	25	Texas Department of Transportation for the department's actual
26	26	costs to acquire the property. If the Texas Department of
27	27	Transportation cannot determine that amount, the amount shall be
28	28	determined based on the average historical right-of-way
29	29	acquisition values for right-of-way located in proximity to the
30	30	property described by Subsection (f) on the date of original
31	31	acquisition of the property by the Texas Department of
32	32	Transportation. Money received by the Texas Department of
33	33	Transportation under this subsection shall be deposited in the
34	34	state highway fund and used in the Texas Department of
35	35	Transportation district in which the property is located.
36	36	(d) The Texas Department of Transportation shall transfer
37	37	the property by an appropriate instrument of transfer. The
38	38	instrument of transfer must:
39	39	(1) provide that:
40	40	(A) Polk County may use the property only for a
41	41	purpose that benefits the public interest of the state; or
42	42	(B) if Polk County uses the property for any
43	43	purpose other than a purpose that benefits the public interest of
44	44	the state, Polk County shall pay to the Texas Department of
45	45	Transportation an amount equal to the fair market value of the
46	46	property on the date Polk County begins using the property for the
47	47	purpose other than a purpose that benefits the public interest of
48	48	the state, less the amount that Polk County paid to the Texas
49	49	Department of Transportation under Subsection (c) of this Act; and
50	50	(2) describe the property to be transferred by metes
51	51	and bounds.
52	52	(e) The Texas Department of Transportation shall retain
53	53	custody of the instrument of transfer after the instrument of
54	54	transfer is filed in the real property records of Polk County.
55	55	(f) The real property referred to in this section is
56	56	described as follows:
57	57	FIELDNOTES of 10.549 Acres in the M.L. Choate Survey, A-15, Polk
58	58	County, Texas and being all of a 1.338 Acre Tract described under
59	59	Parcel 28, Part 1 in a Judgment of Court in the State of Texas, et
60	60	al, versus Wayne Duncan and wife, Judy Duncan, dated August 6, 1975
61	61	and recorded in Volume 305, Page 357 of the Polk County Deed Records
62	62	and also being part of a 20.198 Acre Tract described under Parcel
63	63	26, Part 2 in a deed from H.D. Nixon and wife, Bonibel Nixon, et al,
64	64	to the State of Texas dated August 21, 1975 and recorded in Volume
65	65	305, Page 726 of said Deed Records. Said 10.549 Acres being more
66	66	particularly described as follows:
67	67	BEGINNING at the most Northerly West corner of said 20.198 Acre
68	68	Tract and an interior corner of a 224.204 Acre Tract conveyed to the
69	69	City of Livingston by deed recorded in Volume 450, Page 805 of said
70	70	Deed Records, found a concrete monument with a 1/2" iron rod for
71	71	corner;
72	72	THENCE with the most Northerly Northwest Line of said 20.198 Acre
73	73	Tract and a Southeast Line of said 224.204 Acre Tract, N4828'33"E
74	74	399.68 feet to the most Northerly North corner of said 20.198 Acre
75	75	Tract and an interior corner of said 224.204 Acre Tract, found a
76	76	concrete monument with a 1/2" iron rod for corner;
77	77	THENCE with the most Northerly Northeast Line of said 20.198 Acre
78	78	Tract, a Southwest Line of said 224.204 Acre Tract, the Southwest
79	79	Line of Garden Ridge Subdivision as shown on a Plat recorded in
80	80	Volume 11, Page 31 of the Polk County Plat Records, the Southwest
81	81	Line of the residue of a 4.873 Acre Tract conveyed to Donald R.
82	82	Langston by deed recorded in Volume 1064, Page 882 of said Official
83	83	Records, and the Northeast Line of said 1.338 Acre Tract,
84	84	S4133'29"E 1,149.91 feet to an interior corner of said 20.189 Acre
85	85	Tract and the South corner of said residue Tract, found a concrete
86	86	monument with a 1/2" iron rod for corner which bears N4126'31"W 200
87	87	feet from Highway No. 59 centerline station 164+49.77 and also
88	88	marks the beginning of a Control of Access Line;
89	89	THENCE across and severing said 20.198 Acre Tract, S4833'29"W, at
90	90	369.77 feet and N4126'31"W 200 feet from station 161+10.00 pass the
91	91	end of said Control of Access Line and continue on same course a
92	92	total distance of 399.77 feet to an interior corner of said 20.198
93	93	Acre Tract and the East corner of a 1.250 Acre Tract conveyed to the
94	94	Polk County Chamber of Commerce by deed recorded in Volume 1089,
95	95	Page 79 of said Official Records, found a concrete monument with a
96	96	1/2" iron rod for corner which bears N4126'31"W 200 feet from said
97	97	Highway centerline at station 160+50.00;
98	98	THENCE with the Northeast Line of said 1.250 Acre Tract, the
99	99	Northeast Line of said 224.204 Acre Tract, and the Southwest Line of
100	100	said 20.198 Acre Tract, N4133'13"W 1,149.34 feet to the Place of
101	101	Beginning and containing 10.549 Acres of Land.
102	102	The bearings described herein are based upon the most Westerly
103	103	Northwest Line of said 20.198 Acre Tract.
104	104	(g) Polk County shall pay any transaction fees resulting
105	105	from the transfer of property under this Act.
106	106	SECTION 2. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2009.