Texas 2009 - 81st Regular

Texas Senate Bill SB1670 Compare Versions

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1	1	S.B. No. 1670
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 Transportation to Polk County.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. (a) Not later than September 30, 2009, the
9	9	Texas Department of Transportation shall transfer to Polk County
10	10	the real property described by Subsection (f) of this section.
11	11	(b) Polk County may use the property transferred under this
12	12	Act only for a purpose that benefits the public interest of the
13	13	state. If Polk County uses the property for any purpose other than
14	14	a purpose that benefits the public interest of the state, Polk
15	15	County shall pay to the Texas Department of Transportation an
16	16	amount equal to the fair market value of the property on the date
17	17	Polk County begins using the property for the purpose other than a
18	18	purpose that benefits the public interest of the state, less the
19	19	amount that Polk County paid to the Texas Department of
20	20	Transportation under Subsection (c) of this section.
21	21	(c) On the effective date of the transfer authorized under
22	22	Subsection (a) of this section, Polk County shall pay an amount to
23	23	reimburse the Texas Department of Transportation for the
24	24	department's actual costs to acquire the property. If the Texas
25	25	Department of Transportation cannot determine that amount, the
26	26	amount shall be determined based on the average historical
27	27	right-of-way acquisition values for right-of-way located in
28	28	proximity to the property described by Subsection (f) of this
29	29	section on the date of original acquisition of the property by the
30	30	Texas Department of Transportation. Money received by the Texas
31	31	Department of Transportation under this subsection shall be
32	32	deposited in the state highway fund and used in the Texas Department
33	33	of Transportation district in which the property is located.
34	34	(d) The Texas Department of Transportation shall transfer
35	35	the property by an appropriate instrument of transfer. The
36	36	instrument of transfer must:
37	37	(1) provide that:
38	38	(A) Polk County may use the property only for a
39	39	purpose that benefits the public interest of the state; or
40	40	(B) if Polk County uses the property for any
41	41	purpose other than a purpose that benefits the public interest of
42	42	the state, Polk County shall pay to the Texas Department of
43	43	Transportation an amount equal to the fair market value of the
44	44	property on the date Polk County begins using the property for the
45	45	purpose other than a purpose that benefits the public interest of
46	46	the state, less the amount that Polk County paid to the Texas
47	47	Department of Transportation under Subsection (c) of this section;
48	48	and
49	49	(2) describe the property to be transferred by metes
50	50	and bounds.
51	51	(e) The Texas Department of Transportation shall retain
52	52	custody of the instrument of transfer after the instrument of
53	53	transfer is filed in the real property records of Polk County.
54	54	(f) The real property referred to in this section is
55	55	described as follows:
56	56	FIELDNOTES of 10.549 Acres in the M.L. Choate Survey, A-15, Polk
57	57	County, Texas and being all of a 1.338 Acre Tract described under
58	58	Parcel 28, Part 1 in a Judgment of Court in the State of Texas, et
59	59	al, versus Wayne Duncan and wife, Judy Duncan, dated August 6, 1975
60	60	and recorded in Volume 305, Page 357 of the Polk County Deed Records
61	61	and also being part of a 20.198 Acre Tract described under Parcel
62	62	26, Part 2 in a deed from H.D. Nixon and wife, Bonibel Nixon, et al,
63	63	to the State of Texas dated August 21, 1975 and recorded in Volume
64	64	305, Page 726 of said Deed Records. Said 10.549 Acres being more
65	65	particularly described as follows:
66	66	BEGINNING at the most Northerly West corner of said 20.198 Acre
67	67	Tract and an interior corner of a 224.204 Acre Tract conveyed to the
68	68	City of Livingston by deed recorded in Volume 450, Page 805 of said
69	69	Deed Records, found a concrete monument with a 1/2" iron rod for
70	70	corner;
71	71	THENCE with the most Northerly Northwest Line of said 20.198 Acre
72	72	Tract and a Southeast Line of said 224.204 Acre Tract, N4828'33"E
73	73	399.68 feet to the most Northerly North corner of said 20.198 Acre
74	74	Tract and an interior corner of said 224.204 Acre Tract, found a
75	75	concrete monument with a 1/2" iron rod for corner;
76	76	THENCE with the most Northerly Northeast Line of said 20.198 Acre
77	77	Tract, a Southwest Line of said 224.204 Acre Tract, the Southwest
78	78	Line of Garden Ridge Subdivision as shown on a Plat recorded in
79	79	Volume 11, Page 31 of the Polk County Plat Records, the Southwest
80	80	Line of the residue of a 4.873 Acre Tract conveyed to Donald R.
81	81	Langston by deed recorded in Volume 1064, Page 882 of said Official
82	82	Records, and the Northeast Line of said 1.338 Acre Tract,
83	83	S4133'29"E 1,149.91 feet to an interior corner of said 20.189 Acre
84	84	Tract and the South corner of said residue Tract, found a concrete
85	85	monument with a 1/2" iron rod for corner which bears N4126'31"W 200
86	86	feet from Highway No. 59 centerline station 164+49.77 and also
87	87	marks the beginning of a Control of Access Line;
88	88	THENCE across and severing said 20.198 Acre Tract, S4833'29"W, at
89	89	369.77 feet and N4126'31"W 200 feet from station 161+10.00 pass the
90	90	end of said Control of Access Line and continue on same course a
91	91	total distance of 399.77 feet to an interior corner of said 20.198
92	92	Acre Tract and the East corner of a 1.250 Acre Tract conveyed to the
93	93	Polk County Chamber of Commerce by deed recorded in Volume 1089,
94	94	Page 79 of said Official Records, found a concrete monument with a
95	95	1/2" iron rod for corner which bears N4126'31"W 200 feet from said
96	96	Highway centerline at station 160+50.00;
97	97	THENCE with the Northeast Line of said 1.250 Acre Tract, the
98	98	Northeast Line of said 224.204 Acre Tract, and the Southwest Line of
99	99	said 20.198 Acre Tract, N4133'13"W 1,149.34 feet to the Place of
100	100	Beginning and containing 10.549 Acres of Land.
101	101	The bearings described herein are based upon the most Westerly
102	102	Northwest Line of said 20.198 Acre Tract.
103	103	(g) Polk County shall pay any transaction fees resulting
104	104	from the transfer of property under this Act.
105	105	SECTION 2. This Act takes effect immediately if it receives
106	106	a vote of two-thirds of all the members elected to each house, as
107	107	provided by Section 39, Article III, Texas Constitution. If this
108	108	Act does not receive the vote necessary for immediate effect, this
109	109	Act takes effect September 1, 2009.
110	110	______________________________ ______________________________
111	111	President of the Senate Speaker of the House
112	112	I hereby certify that S.B. No. 1670 passed the Senate on
113	113	April 9, 2009, by the following vote: Yeas 31, Nays 0.
114	114	______________________________
115	115	Secretary of the Senate
116	116	I hereby certify that S.B. No. 1670 passed the House on
117	117	May 26, 2009, by the following vote: Yeas 145, Nays 0, one
118	118	present not voting.
119	119	______________________________
120	120	Chief Clerk of the House
121	121	Approved:
122	122	______________________________
123	123	Date
124	124	______________________________
125	125	Governor