H.B. No. 867
AN ACT
relating to the transfer of certain state property from the Texas
Department of Criminal Justice to the City of Burnet.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Not later than September 30, 2009, the Texas
Department of Criminal Justice shall transfer to the City of Burnet
the real property described by Subsection (e) of this section.
(b) The City of Burnet shall use the property transferred
under this Act only for a purpose that benefits the public interest
of the state. If the City of Burnet 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 Criminal Justice.
(c) The Texas Department of Criminal Justice shall transfer
the property by an appropriate instrument of transfer. The
instrument of transfer must:
(1) provide that:
(A) the City of Burnet 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 Criminal Justice if the City of
Burnet 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 Criminal Justice shall retain
custody of the instrument of transfer after the instrument of
transfer is filed in the real property records of Burnet County.
(e) The real property referred to in this section is
described as follows:
BEING A 2.259 ACRE TRACT OF LAND, OUT OF THE EUGENIO PEREZ SURVEY
NO. 41, ABSTRACT NO. 672, SITUATED IN BURNET COUNTY, TEXAS, AND
BEING A PORTION OF A CALLED 300.000 ACRE TRACT OF LAND, DESCRIBED IN
A DEED TO THE STATE OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE, AS
RECORDED IN VOLUME 609, PAGE 19 OF THE REAL PROPERTY RECORDS OF
BURNET COUNTY, TEXAS (R.P.R.B.C.T.), SAID 2.259 ACRES OF LAND,
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING at a 5/8-inch iron rod found along a westerly line of the
remaining portion of a called 79.31 acre tract of land, described in
a deed to the City of Burnet, as recorded in Volume 124, Page 112 of
the Deed Records of Burnet County, Texas (D.R.B.C.T.), for the
north corner of a called 1.639 acre tract of land, described in a
deed to the City of Burnet, as recorded in Volume 300, Page 180
D.R.B.C.T., the most easterly southeast corner of said 300.000 acre
tract and the most easterly southeast corner hereof;
THENCE South 1524'56" West (S1606'15"W), along a northwesterly
line of said 1.639 acre tract, an easterly line of said 300.000 acre
tract and an easterly line hereof, a distance of 67.61 feet (67.80')
to a 5/8-inch iron rod found, for the northeast corner of a called
19.737 acre tract of land, described in a deed to Big Leaf LTD., as
recorded in Volume 618, Page 569 R.P.R.B.C.T., the southeast corner
of said 300.00 acre tract and the southeast corner hereof, from
which a 5/8-inch iron rod found, for the southeast corner of said
19.737 acre tract, bears South 1503'42" West, a distance of 530.79
feet;
THENCE South 7551'25" West (S7652'35"W), along a northerly line of
said 19.737 acre tract, a southerly line of said 300.000 acre tract
and the southerly line hereof, a distance of 255.72 feet, to a
1/2-inch iron rod set with "CUPLIN" property cap, for the southwest
corner hereof;
THENCE North 1408'35" West, over and across said 300.000 acre
tract, for the westerly line hereof, a distance of 345.10 feet, to a
5/8-inch iron rod found, for the southwest corner of a called 20.611
acre tract of land (Tract II), described in a deed to the City of
Burnet, as recorded in Volume 300, Page 184 D.R.B.C.T., an interior
corner of said 300.000 acre tract and the northwest corner hereof;
THENCE North 7632'34" East (N7729'40"E), along a southerly line of
said 20.611 acre tract, a northerly line of said 300.000 acre tract
and the northerly line hereof, a distance of 290.24 feet (290.24'),
to a 5/8-inch iron rod found, along a westerly line of said
remainder of 79.31 acres, for southeast corner of said 20.611 acre
tract, an easterly corner of said 300.000 acre tract and the
northeast corner hereof;
THENCE South 1344'38" East (S1239'31"E), along a westerly line of
said remainder of 79.31 acre tract, an easterly line of said 300.000
acre tract, for the easterly line hereof, a distance of 282.82 feet
(282.78'), to the POINT OF BEGINNING, containing 2.259 acres, more
or less.
(f) The City of Burnet shall pay any transaction fees
resulting from the transfer of property under this Act.
SECTION 2. 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. 867 was passed by the House on March
26, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 867 was passed by the Senate on May
14, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor