By: Kolkhorst (Senate Sponsor - Ogden) H.B. No. 2518
(In the Senate - Received from the House April 27, 2011;
May 3, 2011, read first time and referred to Committee on
Government Organization; May 18, 2011, reported favorably by the
following vote: Yeas 5, Nays 0; May 18, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain state property from the Texas
Board of Criminal Justice to the board of regents of The Texas A&M
University System for the use and benefit of the Texas Forest
Service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Not later than January 1, 2012, the Texas
Board of Criminal Justice shall transfer to the board of regents of
The Texas A&M University System the real property described by
Subsection (e) of this section.
(b) The board of regents of The Texas A&M University System
shall use the property transferred under this Act only for the use
and benefit of the Texas Forest Service. If the board of regents of
The Texas A&M University System uses the property for any purpose
other than for the use and benefit of the Texas Forest Service,
ownership of the property automatically reverts to the Texas Board
of Criminal Justice.
(c) The Texas Board of Criminal Justice shall transfer the
property by an appropriate instrument of transfer. The instrument
of transfer must:
(1) provide that:
(A) the board of regents of The Texas A&M
University System use the property only for the use and benefit of
the Texas Forest Service; and
(B) ownership of the property will automatically
revert to the Texas Board of Criminal Justice if the board of
regents of The Texas A&M University System uses the property for any
purpose other than for the use and benefit of the Texas Forest
Service; and
(2) describe the property to be transferred by metes
and bounds.
(d) The board of regents of The Texas A&M University System
shall retain custody of the instrument of transfer after the
instrument of transfer is filed in the real property records of
Walker County.
(e) The real property referred to in this section is
described as follows:
Being 2.536 acres of land, more or less, situated in the City
of Huntsville, WARREN BIRDSELL SURVEY, Abstract No. 6 and P. GRAY
SURVEY, Abstract No. 24, Walker County, Texas and being all of the
following tracts or parcels of land: a). a 0.341 acre tract out of
and a part of a called 515 acre tract as described in a Deed from Ed
H. Cunningham, et al to the State of Texas (Texas Department of
Corrections), dated June 23, 1883 and recorded in Volume Y, Page
181, Deed Records; and b). being all of a 2.19 acre tract as
described in an Instrument from the Texas Department of Corrections
to the Board of Regents of The Texas A & M University System for the
use of the Texas Forest Service, as recorded in Volume 84, Page 783,
Official Records, said two tracts being more definitely described
as one contiguous tract of 2.536 acres as follows:
BEGINNING at the northwest corner of said 2.19 acre tract,
same being the northeast corner of said 0.341 acre tract and also
being the south right-of-way of State Highway 75, as per Volume 209,
Page 707, Deed Records, found a 5/8" iron rod;
THENCE S75°35'14"E (2.19 acre call-S73°23'00"E-250.00 feet),
with the north line of said 2.19 acre tract and the south line of
said S. H. 75, for a distance of 250.00 feet to the northeast corner
of said 2.19 acre tract, found a 5/8" iron rod;
THENCE S14°22'46"W, with the east line of said 2.19 acre
tract, for a distance of 453.60 feet to its southeast corner, same
being the called and apparent northeast right-of-way line of
Interstate Highway 45, as per Deed from the Texas Prison Board to
the State of Texas, recorded in Volume 158, Page 177 (Tract No. 1,
call 55.13 acres), Deed Records, found a 5/8" iron rod, from which a
concrete right-of-way monument, found for reference only, bears
S45°57'14"E-0.15 feet;
THENCE N45°57'14"W (2.19 acre call-N43°45'00"W-287.70 feet),
with the southwest line of said 2.19 acre tract and the called and
apparent northeast line of said I.H. 45, at 287.70 feet pass a point
for the southwest corner of said 2.19 acre tract, same being the
southeast corner of said 0.341 acre tract, continuing for a total
distance of 345.23 feet to the southwest corner of said 0.341 acre
tract, same being the east line of a 1-1/2 acre tract as described
in a Transfer of Title from the Texas Board of Corrections to the
Texas Department of Public Safety, recorded in Volume 391, Page
724, Deed Records, and further evidenced by an unrecorded survey
(called 1.500 acres) by N. B.
Davidson, Jr., RPLS No. 2066, dated June, 1982, set a 5/8" iron rod
with an orange, plastic cap, marked "RPLS-4066";
THENCE N14°22'38"E (1-1/2 acre call-N16°37'E-289.50 feet),
with the west line of said 0.341 acre tract and the east line of said
1-1/2 acre tract, for a distance of 282.93 feet to the northwest
corner of said 0.341 acre tract, same being the northeast corner of
said 1-1/2 acre tract, found a 1/2" iron rod in the called south
right-of-way of said S.H. 75;
THENCE S75°35'14"E, with the north line of said 0.341 acre
tract and the called south line of said S.H. 75, for a distance of
50.00 feet to the PLACE OF BEGINNING.
NOTE: Bearings referenced to the called north line of said
2.19 acre tract (S75°35'14'E) in Volume 412, Page 149, Official
Records.
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, 2011.
* * * * *