H.B. No. 4541
AN ACT
relating to the transfer of certain state property from the Texas
Department of Public Safety to Webb County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Not later than May 1, 2010, the Texas
Department of Public Safety shall transfer to Webb County the real
property described by Section 3 of this Act.
(b) Webb County shall use the property transferred under
this Act only for a purpose that benefits the public interest of the
state. If Webb County uses the property for any purpose other than
a purpose that benefits the public interest of the state, ownership
of the property automatically reverts to the Texas Department of
Public Safety.
(c) The Texas Department of Public Safety shall transfer the
property by an appropriate instrument of transfer. The instrument
of transfer must:
(1) provide that:
(A) Webb County use the property only for a
purpose that benefits the public interest of the state; and
(B) ownership of the property will automatically
revert to the Texas Department of Public Safety if Webb County uses
the property for any purpose other than a purpose that benefits the
public interest of the state; and
(2) describe the property to be transferred by metes
and bounds.
(d) The Texas Department of Public Safety shall retain
custody of the instrument of transfer after the instrument of
transfer is filed in the real property records of Webb County.
(e) Webb County shall pay any transaction fees resulting
from the transfer of property under this Act.
SECTION 2. Before the transfer of the real property
authorized by Section 1 of this Act, Webb County shall obtain, at
Webb County's expense, a survey of the metes and bounds description
for the transfer instrument.
SECTION 3. The real property referred to in Section 1 of
this Act is described as follows:
TRACT I:
A tract of land in Webb County, Texas, containing 1.4733
acres, more or less, out of Leonardo Sanchez Porcion 23, Abstract
283, being out of a 72.4428 acre tract conveyed to J.C. Martin, III,
et al, by Abe Calamusa, Individually and for the Estate of Elizabeth
Borrello Baccaro, Deceased, et al, by Deed dated January 29, 1972,
recorded in Volume 416, Pages 493-98 of the Deed Records of Webb
County, Texas; this 1.4733 acre tract being more particularly
described as follows, to-wit:
Commencing (for a connection) at a fence corner on the east
right-of-way line of Interstate Highway No. 35 at its intersection
with the south line of the original Baccaro Tract and north line of
the Ortiz Tract, said fence corner being the westerly southwest
corner of said 72.4428 acre tract;
THENCE N. 1858'29" E. 366.90 feet with the east right-of-way line
of Interstate Highway 35 to a point which bears S 7653'15" E. 0.27
feet from the center of a steel fence post, the northwest corner of
a 5.0 acre tract as fenced, and the southwest and beginning corner
of this tract;
THENCE N. 1858'29" E. 190.67 feet with the east right-of-way of
Interstate Highway 35 to a 1/2" steel rod, the westerly southwest
corner of a 3.5000 acre tract and the northwest corner of this
tract;
THENCE S. 7110'47" E. 372.87 feet with the south line of said 3.5000
acre tract a 1/2" steel rod, an interior corner of said 3.5000 acre
tract and the northeast corner of this tract;
THENCE S. 1849'13" W. 153.66 feet with lower west line of said
3.5000 acre tract to a 1/2" steel rod on the north line of said 5.0
acre tract, the southerly southwest corner of said 3.5000 acre
tract and the southeast corner of this tract;
THENCE N. 7610'47"W. 25.6 feet to a steel fence corner post of a
chain link fence on the occupied north line of said 5.0 acre tract
and a deflection corner of this tract;
THENCE N. 7653'15"W. 349.62 feet with chain link fence on the
occupied north line of said 5.0 acre tract to the place of
beginning.
TRACT II:
A strip of land along and adjacent to the west boundary line
of Tract I approximately 200 feet in width, which tract is bounded
on its south side by an extension of the south boundary line of
Tract I southwesterly along the same course as the south boundary
line of Tract I from the southwest corner of Tract I to a point on
the original west boundary line of that certain tract known as the
Nick Baccaro Tract, which is also the west line of that certain
right-of-way easement under instrument executed by Elizabeth B.
Baccaro on September 5, 1958, to the State of Texas of record in
Vol. 264, Pages 138-139, of the Deed Records of Webb County, Texas;
and is bounded on the east side by the west boundary line of Tract I;
and is bounded on the north side by an extension of a line parallel
with the north boundary line of Tract I hereinabove described, but
which commences at the northwest corner of Tract I and extends from
said point in a northwesterly direction, being N. 7110'47"W. to its
junction with the original west boundary line of said Nick Baccaro
Tract, also the west boundary line of said right-of-way easement to
the State of Texas hereinabove referred to; and is bounded on its
west side by the original west boundary of said Nick Baccaro Tract
and the west line of said right-of-way easement to the State of
Texas extending from its junction with the south boundary line
hereof and the north boundary line hereof; subject, however, to all
rights of the State of Texas and its successors and assigns under
right-of-way easement dated September 5, 1958, and recorded in Vol.
264, Pages 138-139, of the Deed Records of Webb County, Texas.
SECTION 4. 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. 4541 was passed by the House on April
30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4541 was passed by the Senate on May
22, 2009, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor