By: Averitt S.B. No. 2228
(In the Senate - Filed March 13, 2009; March 31, 2009, read
first time and referred to Committee on Criminal Justice;
April 28, 2009, reported favorably by the following vote: Yeas 7,
Nays 0; April 28, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain state property from the Texas
Department of Criminal Justice to Coryell County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Not later than November 1, 2009, the Texas
Department of Criminal Justice shall transfer to Coryell County the
real property described by Subsection (d) of this section.
(b) Coryell County shall use the property transferred under
this Act only for a purpose that benefits the public interest of the
state. If Coryell County no longer uses the property for 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) include a provision that:
(A) requires Coryell County to use the property
for a purpose that benefits the public interest of the state; and
(B) indicates that ownership of the property
automatically reverts to the Texas Department of Criminal Justice
if Coryell County no longer uses the property for a purpose that
benefits the public interest of the state; and
(2) describe the property to be transferred by metes
and bounds.
(d) The real property to which Subsection (a) of this
section refers is described as follows:
Field Notes describing a 33.37-acre tract of land in the Henry
Farley Survey, Abstract Number 352, Coryell County, Texas. Also
being a portion of a called 117.56-acre tract of land conveyed to
Texas Department of Criminal Justice - Institutional Division
(TDCJ), recorded in Volume 579, Page 387 in the Deed Records of
Coryell County, Texas.
Beginning at a 5/8" diameter iron pipe found, being the northeast
corner of said TDCJ tract, the northwest corner of a called First
Tract (135.41-acres) and in the south line of a called Second Tract
(217-acres) described in a partition decree (Powell vs. Powell),
recorded in Volume L, Page 76 in the Civil Minutes, District Court
Records of Coryell County, Texas, for the northeast corner of the
herein described tract of land;
Thence S 24 degrees 20 minutes 00 seconds W - 982.89 feet (BEARING
BASIS - Deed Call) with the east line of said TDCJ tract, the west
line of said Powell First Tract, and generally following a wire
fence to a railroad tie fence post found for an angle point in the
herein described tract of land;
Thence S 13 degrees 13 minutes 26 seconds W - 173.89 feet with the
east line of said TDCJ tract, the west line of said Powell First
Tract, and generally following a wire fence to a " diameter iron
rod set with cap (LETH #3879), from which a 6" diameter cedar fence
post found at the southeast corner of said TDCJ tract bears S 13
degrees 13 minutes 26 seconds W - 1593.57 feet, for the southeast
corner in the herein described tract of land;
Thence N 67 degrees 05 minutes 00 seconds W - 1592.81 feet through
said TDCJ tract to a " diameter iron rod set with cap (LETH #3879)
in the west line of said TDCJ tract and in the east line of State
Farm-To-Market Highway 929 (FM 929), for the southwest corner in
the herein described tract of land;
Thence N 18 degrees 24 minutes 39 seconds E - 55.04 feet with the
west line of said TDCJ tract and the east line of said FM 929 to a
" diameter iron rod set with cap (LETH #3879) at the beginning of
a curve to the right for an angle point in the herein described
tract of land;
Thence with the west line of said TDCJ tract, the east line of said
FM 929 and said curve to the right, with a length of 495.28 feet, a
radius of 914.43 feet, and a chord of N 33 degrees 55 minutes 39
seconds E, a distance of 489.25 feet to a " diameter iron rod set
with cap (LETH #3879) at the point of tangency in the east line of
said FM 929 for an angle point in the herein described tract of
land;
Thence N 49 degrees 26 minutes 39 seconds E - 306.77 feet with the
west line of said TDCJ tract and the east line of said FM 929 to a
" diameter iron rod set with cap (LETH #3879) at the southwest
corner of a called Tract Two (1.99-acres) described in an Affidavit
of Heirship to Martha Wingate, recorded under Instrument Number
140336 in the Deed Records of Coryell County, Texas, for the
northwest corner in the herein described tract of land;
Thence S 81 degrees 16 minutes 39 seconds E - 1404.58 feetwith the
north line of said TDCJ tract, the south line of said Wingate Tract
Two, the south line of a called Tract One described in said Wingate
Affidavit of Heirship, the south line of a called 9.718-acre tract
conveyed to Martha Wingate, recorded under Instrument Number 130580
in the Deed Records of Coryell County, Texas, and the south line of
said Powell Second Tract to the POINT OF BEGINNING and containing
33.37-acres of land.
(e) The Texas Department of Criminal Justice shall grant to
Coryell County certain utility easements to the real property
described in Subsection (d) of this section. Utility easements
shall be mutually beneficial and agreed upon by the Texas
Department of Criminal Justice and Coryell County.
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.
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