H.B. No. 3340
AN ACT
relating to the conveyance of certain state forest land in Cherokee
County under the control of the board of regents of The Texas A&M
University System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CONVEYANCE BY THE TEXAS A&M UNIVERSITY SYSTEM.
The board of regents of The Texas A&M University System may convey
the following described real property:
BEING 221.64 acres of land in the J. S. EVANS SURVEY, ABSTRACT
No. 266, CHEROKEE COUNTY, TEXAS, and being the same land described
in Tract 1 and called 220 acres from the Texas State Hospitals &
Special School to the Texas Forest Service on September 3, 1963 and
recorded in Volume 541, Page 557 of the Deed Records of Cherokee
County, Texas (hereinafter shown as volume/page, DR, OR for
Official Records, LR for Land Records): SAID tract described as
follows:
BEARINGS are based on South 8919' East between the 2" iron pipe
found at the Southwest corner of the J. S. EVANS and an axle found at
the Northeast corner of the A. W. CLARK SURVEY, ABSTRACT No. 1054,
CHEROKEE COUNTY, TEXAS: All bearings and distances of witness trees
are from the corner to the face of the "X". All bearings and
distances of stump holes are from the corner to the center of the
hole: SEE PLAT:
BEGINNING at 3/4" iron pipe found 1.0 feet deep for an "ELL" corner
of said 220 acres and said EVANS SURVEY, same being the Southeast
corner that 1/2 undivided interest in 320 acres from H. F. Holcomb
to Helen Cowart on December 8, 1989 in 1111/689, LR, and the
Southeast corner of that 1/2 undivided interest in 320 acres from H.
F. Holcomb to Mary Jane Hinton on December 8, 1989 in 1111/693, LR,
reference description in 290/295, DR and being the Southeast corner
of the J. D. RAINES SURVEY, ABSTRACT No. 754, CHEROKEE COUNTY,
TEXAS, from which found "X" on the face of a 28" Pine South 19 West,
5.8 feet, a stump hole is South 26 East, 28.6 feet, and a 1/2" iron
pipe found for reference is South 8944' West, 41.17 feet;
THENCE North 0039'13" East, with the upper West line of said 220
acres and said EVANS SURVEY and the East line of said 320 acres and
said RAINES SURVEY, and along a red painted hack and blazed line,
2327.65 feet to a 3/4" iron pipe found for the Northwest corner of
said 220 acres and the Southwest corner of that Tract 8 of 100 acres
from Lionel K. Newman et ux to Rodney Newman et ux on November 18,
1998 in 1405/697, OR, reference description in 240/446, DR, from
which found "X" on the face of a 27" Red Oak, North 64 East, 5.6
feet, the center of an oak stump South 16 West, 8.4 feet, a 3/4"
iron pipe found for reference is South 8914' East, 41.79 feet and a
1/2" iron pipe found for reference is South 0121' West, 41.98 feet;
THENCE South 8957'06" East, with the North line of said 220 acres
and the South line of said 100 acres, and along a red painted hack
and blazed line, 2488.89 feet to a 2" iron pipe found for the
Northeast corner of said 220 acres and the Southeast corner of said
100 acres in the West line of that Tract 6 of 30.2 acres in 1405/697,
OR, reference description in 373/586, same being the East line of
said EVANS SURVEY and the West line of the BEN ENLOE SURVEY,
ABSTRACT No. 261, CHEROKEE COUNTY, TEXAS, from which a 1/2" iron
pipe found for reference is South 001' West, 41.64 feet;
THENCE South 0022'29" West, with the East line of said 220 acres and
said EVANS SURVEY, and along a red painted hack and blazed line,
passing the Southwest corner of said 30.2 acres and said ENLOE
SURVEY and the Northwest corner of that Tract 7 of 28.7 acres in
1405/697, OR, reference description in 301/55, DR, and the
Northwest corner of the G. J. McCREIGHT SURVEY, ABSTRACT No. 1034,
CHEROKEE COUNTY, TEXAS, at 1986.42 feet pass a 1/2" steel rod found
for the Southwest corner of said 28.7 acres and said McCREIGHT
SURVEY and the Northwest corner of that 48 acres from Jason C.
Kellis and James E. Oliver to James R. Newman on April 8, 2002 in
1541/107, OR and the Northerly Northwest corner of the A. M. HUDSON
SURVEY, ABSTRACT No. 371, CHEROKEE COUNTY, TEXAS, continuing in
all, 3211.41 feet to a 2" iron pipe found for the Southeast corner
of said 220 acres and said EVANS SURVEY, an "ELL" corner of said 48
acres and said HUDSON SURVEY, and in the North line of that called
Tract 4 of 96 acres from Geraldine M. Ford to Joyce R. Schochler et
al on December 21, 1993 in 1231/669, OR;
THENCE North 8929'58" West, with the South line of said 220 acres
and said EVANS SURVEY, and along a red painted hack and blazed line,
at 460.43 feet pass an axle found for the Northeast corner of said
96 acres and the lower Northwest corner of said HUDSON SURVEY and
the Northeast corner of that Undivided interest in 30.78 acres from
Harold E. Sword to Thomas R. Sword on February 22, 2005 in 1705/186,
OR, and the Northeast corner of the said CLARK SURVEY, continuing in
all, 1816.94 feet to a large rock found for the Northwest corner of
said CLARK SURVEY and the Northeast corner of the J. BLACKWELL
SURVEY, ABSTRACT No. 105, CHEROKEE COUNTY, TEXAS, from which found
"X" on the face of a 22" Post Oak South 80 East, 8.4 feet;
THENCE North 8913'33" West, with the South line of said 220 acres
and said EVANS SURVEY, and along a red painted hack and blazed line,
at 480.42 feet pass the Northwest corner of said 30.78 acres and the
Northeast corner of that Undivided interest in 30.78 acres from
Thomas R. Sword to Harold E. Sword on December 16, 2005 in 1705/183,
OR, at 1815.48 feet pass a 1/2" steel rod found on the East bank of
Bull Creek for reference, at 1865.48 feet pass the center of Bull
Creek for the Northwest corner of said 30.78 acres and the Northeast
corner of that 62.26 acres from Mary Hampton to Rodney and Cathy
Newman on September 19, 1991 in 1163/396, OR, at 1915.48 feet pass a
1/2" steel rod found for reference on the West bank of Bull Creek,
continuing in all, 2627.81 feet to a 2" iron pipe found for the
Southwest corner of said 220 acres and said EVANS SURVEY and the
Southeast corner of that 110 acres in 1111/689, OR, and in 1111/693,
OR, reference description in 290/295, and being the most Easterly
Southeast corner of the M. L. LUSK SURVEY, ABSTRACT No. 1005,
CHEROKEE COUNTY, TEXAS, from which found "X" on the face of a 23"
Red Oak North 43 East, 4.9 feet, a 15" Post Oak North 30 West, 2.7
feet, a 1/2" iron pipe found for reference is North 012' West, 41.52
feet, and a 3/4" iron pipe found for reference is South 8943' East,
41.77 feet;
THENCE North 0027'46" East, with the lower West line of said 220
acres and said EVANS SURVEY and the lower East line of said 110
acres and said LUSK SURVEY, and along a red painted hack and blazed
line, 851.54 feet to a 2" iron pipe found for an "ELL" corner of said
220 acres and said EVANS SURVEY, an "ELL" corner of said 110 acres
and said LUSK SURVEY, and in the South line of said 320 acres and
said RAINES SURVEY, from which found "X" on the face of a 20" Red Oak
North 86 West, 17.6 feet, a 10" Pine North 06 East, 29.8 feet, a
3/4" iron pipe found for reference is South 8907' East, 42.01 feet,
and a 1/2" iron pipe found for reference is South 0108' West, 41.12
feet;
THENCE South 8930'02" East, with an interior line of said 220 acres
and said EVANS SURVEY, and the South line of said 320 acres and said
RAINES SURVEY, and along a red painted hack and blazed line, 1943.20
feet to the PLACE OF BEGINNING, and containing within these calls,
221.64 acres of land. This tract has no access to a public road.
SECTION 2. INTERESTS CONVEYED. The conveyance authorized
by this Act shall be of fee title to the surface and is exclusive of
all mineral rights. All instruments of conveyance shall be in a
form acceptable to The Texas A&M University System.
SECTION 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3340 was passed by the House on April
28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3340 was passed by the Senate on May
20, 2009, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor