By: Branch H.B. No. 4536
A BILL TO BE ENTITLED
AN ACT
relating to sale of the Texas State Cemetery Annex property (Bull
Creek State Cemetery).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 2165, Government Code, is
amended by modifying Section 2165.256(b) to read as follows:
(b) [In addition to] The [the] property described as Lot No.
5, Division B, City of Austin, Travis County, Texas[, the following
property] is dedicated for cemetery purposes as part of the State
Cemetery. The following property, also known as the Bull Creek
State Cemetery, is dedicated to the State Cemetery for any purpose,
including sale of fee simple title: BEING 44.07 ACRES OF LAND OUT
OF THE GEORGE W. SPEAR LEAGUE IN THE CITY OF AUSTIN, TRAVIS COUNTY,
TEXAS, AND BEING OUT OF AND A PORTION OF THAT CERTAIN TRACT OF LAND
DESCRIBED BY DEED TO THE STATE OF TEXAS AS RECORDED IN VOLUME 776,
PAGE 225, OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS. SAID 44.07
ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a set brass cap in concrete for the northwest
corner of said State of Texas tract, same being the west corner of
Lot 34 of Shoal Village, Section Two, a subdivision in the City of
Austin, Texas, as recorded in Book 5, Page 150, of the Plat Records
of Travis County, Texas, and being on the east right-of-way line of
Bull Creek Road (an existing 60' R/W) and being the northwest corner
of this tract;
(1) THENCE S 62 05' 02" E, along the north line of said
State of Texas tract of land, same being the south line of said
subdivision, a distance of 919.08 feet to a set brass cap in
concrete for an angle point in the north line of said State of
Texas, tract of land same being an angle point in the south line of
Lot 45 of Shoal Village, Section Three, a subdivision of record in
the City of Austin, Texas, as recorded in Book 6, Page 71, of the
Plat Records of Travis County, Texas;
(2) THENCE along the north line of said State of Texas,
tract of land, same being the south line of the following
subdivisions in the City of Austin, Texas, said Shoal Village,
Section Three, Shoal Village, Sec. 5, as recorded in Plat Book 6,
Page 72, of the Plat Records of Travis County, Texas, Shoal Village,
Sec. 6, as recorded in Plat Book 7, Page 7, of the Plat Records of
Travis County, Texas, Shoal Village, Section Seven, as recorded in
Plat Book 14, Page 80, of the Plat Records of Travis County, Texas,
Oak Haven, Section Three, as recorded in Book 11, Page 40, of the
Plat Records of Travis County, Texas, the following two (2) courses
and distances:
1. S 63 02' 45" E, a distance of 306.61 feet, a
1/2" iron rod found, and
2. S 63 11' 57" E, a distance of 327.57 feet to the
point of intersection with the centerline of Shoal Creek for the
northeast corner of this tract;
(3) THENCE along the centerline of Shoal Creek with
it's meanders, same being the east line of this tract, the following
seven (7) courses and distances:
1. S 03 49' 32" E, a distance of 146.37 feet, a
1/2" I. R. set,
2. S 11 51' 40" W, a distance of 68.56 feet, a 1/2"
I. R. set,
3. S 17 44' 58" E, a distance of 255.55 feet, a
1/2" I. R. set,
4. S 11 22' 50" W, a distance of 433.59 feet, a
1/2" I. R. set,
5. S 01 30' 40" E, a distance of 208.10 feet, a
1/2" I. R. set,
6. S 03 34' 39" E, a distance of 163.82 feet, a
1/2" I. R. set, and
7. S 12 53' 44" E, a distance of 44.69 feet, to a P.
K. nail set in concrete for the southeast corner of this tract;
(4) THENCE N 62 12' 25" W, departing from said Shoal
Creek, passing the northeast corner of Lot 24 of Ridgelea, a
subdivision in the City of Austin, Texas, as recorded in Book 4,
Page 258, of the Plat Records of Travis County, Texas, at 59.90
feet, a total distance of 414.19 feet to a found 1/2" iron rod under
concrete for the most northerly corner of Lot 21 of said Ridgelea
subdivision, said point also being a re-entrant corner of this
tract;
(5) THENCE S 31 29' 35" W, along the most southerly
east line of said State of Texas tract of land, same being the west
line of said Ridgelea subdivision, a distance of 715.50 feet to a
1/2" iron rod set for a southwest corner of this tract, from this
point the northwest corner of Lot 11, same being the southwest
corner of Lot 12, of said Ridgelea subdivision bears N 31 29' 35" E,
a distance of 10.64 feet;
(6) THENCE through said State of Texas tract of land
the following four (4) courses and distances:
1. N 23 52' 33" W, passing a brass cap in concrete
set at 5.00 feet, a total distance of 654.65 feet to a brass cap in
concrete set for a corner,
2. N 06 26' 42" E, a distance of 308.11 feet, a
brass cap in concrete set for a corner,
3. N 14 01' 31" W, a distance of 894.05 feet, a
brass cap in concrete set for a corner, and
4. N 63 17' 00" W, a distance of 478.50 feet to a
brass cap set in concrete at the point of intersection with the east
right-of-way line of Bull Creek Road, same being the west line of
said State of Texas tract of land, and being the most northerly
southwest corner of this tract;
(7) THENCE N 26 43' 00" E, along said right-of-way
line, a distance of 496.30 feet to the Point of Beginning, and
containing 44.07 acres of land, more or less; and
BEING A 2.120 ACRE (92,350 SQUARE FEET) TRACT OF LAND OUT OF
THE GEORGE W. SPEAR LEAGUE IN TRAVIS COUNTY, TEXAS. SAID 2.120 ACRE
TRACT OF LAND ALSO BEING OUT OF A 31.12 ACRE TRACT HAVING BEEN
CONVEYED TO THE STATE OF TEXAS BY INSTRUMENT OF RECORD IN VOLUME
776, PAGE 225, DEED RECORDS OF TRAVIS COUNTY, TEXAS. SAID 2.120 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING, at a brass disk in concrete found on the
southeasterly right of way line of Bull Creek Road. Said disk also
being at the northernmost corner of said 31.12 acre tract and the
westernmost corner of a 44.07 acre tract also out of the tract
described in volume 776, page 225 for the northernmost corner of the
herein described tract;
Thence, S63 17' 00"E, 350.00 feet with the northeasterly line
of said 31.12 acre tract and a southwesterly line of said 44.07 acre
tract to a 1/2" iron rod set for the easternmost corner of the
herein described tract;
Thence, S26 42' 58"W, 205.49 feet with the southeast line of
this 2.120 acre tract to a 1/2" iron rod set for the herein
described tract, nearby a concrete driveway;
Thence, N82 57' 38"W, 276.95 feet following a concrete
driveway to a 1/2" iron rod set for an angle point of the herein
described tract;
Thence, N62 30' 47"W, 89.24 feet continuing along a concrete
driveway to a 1/2" iron rod set on the southeasterly right of way
line of Bull Creek Road and the westernmost corner of the herein
described tract;
THENCE, N26 43' 00"E, 297.55 feet with the southeasterly line
of Bull Creek Road and the northwesterly line of this 2.120 acre
tract to the POINT OF BEGINNING and containing 2.120 acre (92,350
square feet) of land.
In the event the Bull Creek State Cemetery is sold, the committee is
authorized to use sale proceeds and any interest that may accrue
therefrom to acquire other real property, by purchase or otherwise,
suitable for expansion of the State Cemetery, or to accomplish
capitol improvements or major repairs or renovation of the existing
or new state cemetery grounds.
SECTION 2. All proceeds from the sale of fee simple title to
property under Section 2165.256(b) and any interest that accrues
therefrom shall be appropriated to the Texas State Cemetery for the
exclusive use of the State Cemetery to acquire real property in the
vicinity of Lot No. 5, Division B, City of Austin, Travis County,
Texas or to accomplish capitol improvements or major repairs or
renovation of the existing or new state cemetery grounds. Any real
property acquired with sale proceeds and interest therefrom shall
be used solely for cemetery purposes as part of the State Cemetery.
SECTION 3. In Article I of Senate Bill 1, 81st Leg., R.S.,
appropriation for the Texas Facilities Commission, insert the
following appropriately-numbered rider to read as follows and
renumber subsequent riders accordingly:
"____. PROCEEDS FROM SALE OF TEXAS STATE CEMETERY ANNEX. The
Texas State Cemetery is appropriated the receipts from the sale of
the Bull Creek State Cemetery and any interest that accrues
therefrom for the purposes of acquiring other real property to be
dedicated for cemetery purposes in the vicinity of the Texas State
Cemetery and rendering such property suitable for use as a
cemetery, or accomplishing capital improvements or major repairs or
renovation of the existing or new state cemetery grounds."
SECTION 4. This Act takes effect September 1, 2009.