Texas 2009 - 81st Regular

Texas Senate Bill SB2228 Compare Versions

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1	1	S.B. No. 2228
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 Criminal Justice to Coryell County.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. (a) Not later than November 1, 2009, the Texas
9	9	Department of Criminal Justice shall transfer to Coryell County the
10	10	real property described by Subsection (d) of this section.
11	11	(b) Coryell 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 Coryell County no longer uses the property for a purpose
14	14	that benefits the public interest of the state, ownership of the
15	15	property automatically reverts to the Texas Department of Criminal
16	16	Justice.
17	17	(c) The Texas Department of Criminal Justice shall transfer
18	18	the property by an appropriate instrument of transfer. The
19	19	instrument of transfer must:
20	20	(1) include a provision that:
21	21	(A) requires Coryell County to use the property
22	22	for a purpose that benefits the public interest of the state; and
23	23	(B) indicates that ownership of the property
24	24	automatically reverts to the Texas Department of Criminal Justice
25	25	if Coryell County no longer uses the property for a purpose that
26	26	benefits the 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 real property to which Subsection (a) of this
30	30	section refers is described as follows:
31	31	Field Notes describing a 33.37-acre tract of land in the Henry
32	32	Farley Survey, Abstract Number 352, Coryell County, Texas. Also
33	33	being a portion of a called 117.56-acre tract of land conveyed to
34	34	Texas Department of Criminal Justice - Institutional Division
35	35	(TDCJ), recorded in Volume 579, Page 387 in the Deed Records of
36	36	Coryell County, Texas.
37	37	Beginning at a 5/8" diameter iron pipe found, being the northeast
38	38	corner of said TDCJ tract, the northwest corner of a called First
39	39	Tract (135.41-acres) and in the south line of a called Second Tract
40	40	(217-acres) described in a partition decree (Powell vs. Powell),
41	41	recorded in Volume L, Page 76 in the Civil Minutes, District Court
42	42	Records of Coryell County, Texas, for the northeast corner of the
43	43	herein described tract of land;
44	44	Thence S 24 degrees 20 minutes 00 seconds W - 982.89 feet (BEARING
45	45	BASIS - Deed Call) with the east line of said TDCJ tract, the west
46	46	line of said Powell First Tract, and generally following a wire
47	47	fence to a railroad tie fence post found for an angle point in the
48	48	herein described tract of land;
49	49	Thence S 13 degrees 13 minutes 26 seconds W - 173.89 feet with the
50	50	east line of said TDCJ tract, the west line of said Powell First
51	51	Tract, and generally following a wire fence to a " diameter iron
52	52	rod set with cap (LETH #3879), from which a 6" diameter cedar fence
53	53	post found at the southeast corner of said TDCJ tract bears S 13
54	54	degrees 13 minutes 26 seconds W - 1593.57 feet, for the southeast
55	55	corner in the herein described tract of land;
56	56	Thence N 67 degrees 05 minutes 00 seconds W - 1592.81 feet through
57	57	said TDCJ tract to a " diameter iron rod set with cap (LETH #3879)
58	58	in the west line of said TDCJ tract and in the east line of State
59	59	Farm-To-Market Highway 929 (FM 929), for the southwest corner in
60	60	the herein described tract of land;
61	61	Thence N 18 degrees 24 minutes 39 seconds E - 55.04 feet with the
62	62	west line of said TDCJ tract and the east line of said FM 929 to a
63	63	" diameter iron rod set with cap (LETH #3879) at the beginning of
64	64	a curve to the right for an angle point in the herein described
65	65	tract of land;
66	66	Thence with the west line of said TDCJ tract, the east line of said
67	67	FM 929 and said curve to the right, with a length of 495.28 feet, a
68	68	radius of 914.43 feet, and a chord of N 33 degrees 55 minutes 39
69	69	seconds E, a distance of 489.25 feet to a " diameter iron rod set
70	70	with cap (LETH #3879) at the point of tangency in the east line of
71	71	said FM 929 for an angle point in the herein described tract of
72	72	land;
73	73	Thence N 49 degrees 26 minutes 39 seconds E - 306.77 feet with the
74	74	west line of said TDCJ tract and the east line of said FM 929 to a
75	75	" diameter iron rod set with cap (LETH #3879) at the southwest
76	76	corner of a called Tract Two (1.99-acres) described in an Affidavit
77	77	of Heirship to Martha Wingate, recorded under Instrument Number
78	78	140336 in the Deed Records of Coryell County, Texas, for the
79	79	northwest corner in the herein described tract of land;
80	80	Thence S 81 degrees 16 minutes 39 seconds E - 1404.58 feetwith the
81	81	north line of said TDCJ tract, the south line of said Wingate Tract
82	82	Two, the south line of a called Tract One described in said Wingate
83	83	Affidavit of Heirship, the south line of a called 9.718-acre tract
84	84	conveyed to Martha Wingate, recorded under Instrument Number 130580
85	85	in the Deed Records of Coryell County, Texas, and the south line of
86	86	said Powell Second Tract to the POINT OF BEGINNING and containing
87	87	33.37-acres of land.
88	88	(e) The Texas Department of Criminal Justice shall grant to
89	89	Coryell County certain utility easements to the real property
90	90	described in Subsection (d) of this section. Utility easements
91	91	shall be mutually beneficial and agreed upon by the Texas
92	92	Department of Criminal Justice and Coryell County.
93	93	SECTION 2. This Act takes effect immediately if it receives
94	94	a vote of two-thirds of all the members elected to each house, as
95	95	provided by Section 39, Article III, Texas Constitution. If this
96	96	Act does not receive the vote necessary for immediate effect, this
97	97	Act takes effect September 1, 2009.
98	98	______________________________ ______________________________
99	99	President of the Senate Speaker of the House
100	100	I hereby certify that S.B. No. 2228 passed the Senate on
101	101	May 4, 2009, by the following vote: Yeas 31, Nays 0.
102	102	______________________________
103	103	Secretary of the Senate
104	104	I hereby certify that S.B. No. 2228 passed the House on
105	105	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
106	106	present not voting.
107	107	______________________________
108	108	Chief Clerk of the House
109	109	Approved:
110	110	______________________________
111	111	Date
112	112	______________________________
113	113	Governor