Texas 2009 - 81st Regular

Texas House Bill HB4541 Compare Versions

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1	1	H.B. No. 4541
2	2
3	3
4	4	AN ACT
5	5	relating to the transfer of certain state property from the Texas
6	6	Department of Public Safety to Webb County.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. (a) Not later than May 1, 2010, the Texas
9	9	Department of Public Safety shall transfer to Webb County the real
10	10	property described by Section 3 of this Act.
11	11	(b) Webb County shall use the property transferred under
12	12	this Act only for a purpose that benefits the public interest of the
13	13	state. If Webb County uses the property for any purpose other than
14	14	a purpose that benefits the public interest of the state, ownership
15	15	of the property automatically reverts to the Texas Department of
16	16	Public Safety.
17	17	(c) The Texas Department of Public Safety shall transfer the
18	18	property by an appropriate instrument of transfer. The instrument
19	19	of transfer must:
20	20	(1) provide that:
21	21	(A) Webb County use the property only for a
22	22	purpose that benefits the public interest of the state; and
23	23	(B) ownership of the property will automatically
24	24	revert to the Texas Department of Public Safety if Webb County uses
25	25	the property for any purpose other than a purpose that benefits the
26	26	public interest of the state; and
27	27	(2) describe the property to be transferred by metes
28	28	and bounds.
29	29	(d) The Texas Department of Public Safety shall retain
30	30	custody of the instrument of transfer after the instrument of
31	31	transfer is filed in the real property records of Webb County.
32	32	(e) Webb County shall pay any transaction fees resulting
33	33	from the transfer of property under this Act.
34	34	SECTION 2. Before the transfer of the real property
35	35	authorized by Section 1 of this Act, Webb County shall obtain, at
36	36	Webb County's expense, a survey of the metes and bounds description
37	37	for the transfer instrument.
38	38	SECTION 3. The real property referred to in Section 1 of
39	39	this Act is described as follows:
40	40	TRACT I:
41	41	A tract of land in Webb County, Texas, containing 1.4733
42	42	acres, more or less, out of Leonardo Sanchez Porcion 23, Abstract
43	43	283, being out of a 72.4428 acre tract conveyed to J.C. Martin, III,
44	44	et al, by Abe Calamusa, Individually and for the Estate of Elizabeth
45	45	Borrello Baccaro, Deceased, et al, by Deed dated January 29, 1972,
46	46	recorded in Volume 416, Pages 493-98 of the Deed Records of Webb
47	47	County, Texas; this 1.4733 acre tract being more particularly
48	48	described as follows, to-wit:
49	49	Commencing (for a connection) at a fence corner on the east
50	50	right-of-way line of Interstate Highway No. 35 at its intersection
51	51	with the south line of the original Baccaro Tract and north line of
52	52	the Ortiz Tract, said fence corner being the westerly southwest
53	53	corner of said 72.4428 acre tract;
54	54	THENCE N. 1858'29" E. 366.90 feet with the east right-of-way line
55	55	of Interstate Highway 35 to a point which bears S 7653'15" E. 0.27
56	56	feet from the center of a steel fence post, the northwest corner of
57	57	a 5.0 acre tract as fenced, and the southwest and beginning corner
58	58	of this tract;
59	59	THENCE N. 1858'29" E. 190.67 feet with the east right-of-way of
60	60	Interstate Highway 35 to a 1/2" steel rod, the westerly southwest
61	61	corner of a 3.5000 acre tract and the northwest corner of this
62	62	tract;
63	63	THENCE S. 7110'47" E. 372.87 feet with the south line of said 3.5000
64	64	acre tract a 1/2" steel rod, an interior corner of said 3.5000 acre
65	65	tract and the northeast corner of this tract;
66	66	THENCE S. 1849'13" W. 153.66 feet with lower west line of said
67	67	3.5000 acre tract to a 1/2" steel rod on the north line of said 5.0
68	68	acre tract, the southerly southwest corner of said 3.5000 acre
69	69	tract and the southeast corner of this tract;
70	70	THENCE N. 7610'47"W. 25.6 feet to a steel fence corner post of a
71	71	chain link fence on the occupied north line of said 5.0 acre tract
72	72	and a deflection corner of this tract;
73	73	THENCE N. 7653'15"W. 349.62 feet with chain link fence on the
74	74	occupied north line of said 5.0 acre tract to the place of
75	75	beginning.
76	76	TRACT II:
77	77	A strip of land along and adjacent to the west boundary line
78	78	of Tract I approximately 200 feet in width, which tract is bounded
79	79	on its south side by an extension of the south boundary line of
80	80	Tract I southwesterly along the same course as the south boundary
81	81	line of Tract I from the southwest corner of Tract I to a point on
82	82	the original west boundary line of that certain tract known as the
83	83	Nick Baccaro Tract, which is also the west line of that certain
84	84	right-of-way easement under instrument executed by Elizabeth B.
85	85	Baccaro on September 5, 1958, to the State of Texas of record in
86	86	Vol. 264, Pages 138-139, of the Deed Records of Webb County, Texas;
87	87	and is bounded on the east side by the west boundary line of Tract I;
88	88	and is bounded on the north side by an extension of a line parallel
89	89	with the north boundary line of Tract I hereinabove described, but
90	90	which commences at the northwest corner of Tract I and extends from
91	91	said point in a northwesterly direction, being N. 7110'47"W. to its
92	92	junction with the original west boundary line of said Nick Baccaro
93	93	Tract, also the west boundary line of said right-of-way easement to
94	94	the State of Texas hereinabove referred to; and is bounded on its
95	95	west side by the original west boundary of said Nick Baccaro Tract
96	96	and the west line of said right-of-way easement to the State of
97	97	Texas extending from its junction with the south boundary line
98	98	hereof and the north boundary line hereof; subject, however, to all
99	99	rights of the State of Texas and its successors and assigns under
100	100	right-of-way easement dated September 5, 1958, and recorded in Vol.
101	101	264, Pages 138-139, of the Deed Records of Webb County, Texas.
102	102	SECTION 4. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2009.
107	107	______________________________ ______________________________
108	108	President of the Senate Speaker of the House
109	109	I certify that H.B. No. 4541 was passed by the House on April
110	110	30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
111	111	voting.
112	112	______________________________
113	113	Chief Clerk of the House
114	114	I certify that H.B. No. 4541 was passed by the Senate on May
115	115	22, 2009, by the following vote: Yeas 30, Nays 0.
116	116	______________________________
117	117	Secretary of the Senate
118	118	APPROVED: _____________________
119	119	Date
120	120	_____________________
121	121	Governor