1 | 1 | | By: Kolkhorst (Senate Sponsor - Ogden) H.B. No. 2518 |
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2 | 2 | | (In the Senate - Received from the House April 27, 2011; |
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3 | 3 | | May 3, 2011, read first time and referred to Committee on |
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4 | 4 | | Government Organization; May 18, 2011, reported favorably by the |
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5 | 5 | | following vote: Yeas 5, Nays 0; May 18, 2011, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the transfer of certain state property from the Texas |
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11 | 11 | | Board of Criminal Justice to the board of regents of The Texas A&M |
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12 | 12 | | University System for the use and benefit of the Texas Forest |
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13 | 13 | | Service. |
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14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. (a) Not later than January 1, 2012, the Texas |
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16 | 16 | | Board of Criminal Justice shall transfer to the board of regents of |
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17 | 17 | | The Texas A&M University System the real property described by |
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18 | 18 | | Subsection (e) of this section. |
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19 | 19 | | (b) The board of regents of The Texas A&M University System |
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20 | 20 | | shall use the property transferred under this Act only for the use |
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21 | 21 | | and benefit of the Texas Forest Service. If the board of regents of |
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22 | 22 | | The Texas A&M University System uses the property for any purpose |
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23 | 23 | | other than for the use and benefit of the Texas Forest Service, |
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24 | 24 | | ownership of the property automatically reverts to the Texas Board |
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25 | 25 | | of Criminal Justice. |
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26 | 26 | | (c) The Texas Board of Criminal Justice shall transfer the |
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27 | 27 | | property by an appropriate instrument of transfer. The instrument |
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28 | 28 | | of transfer must: |
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29 | 29 | | (1) provide that: |
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30 | 30 | | (A) the board of regents of The Texas A&M |
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31 | 31 | | University System use the property only for the use and benefit of |
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32 | 32 | | the Texas Forest Service; and |
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33 | 33 | | (B) ownership of the property will automatically |
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34 | 34 | | revert to the Texas Board of Criminal Justice if the board of |
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35 | 35 | | regents of The Texas A&M University System uses the property for any |
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36 | 36 | | purpose other than for the use and benefit of the Texas Forest |
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37 | 37 | | Service; and |
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38 | 38 | | (2) describe the property to be transferred by metes |
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39 | 39 | | and bounds. |
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40 | 40 | | (d) The board of regents of The Texas A&M University System |
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41 | 41 | | shall retain custody of the instrument of transfer after the |
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42 | 42 | | instrument of transfer is filed in the real property records of |
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43 | 43 | | Walker County. |
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44 | 44 | | (e) The real property referred to in this section is |
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45 | 45 | | described as follows: |
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46 | 46 | | Being 2.536 acres of land, more or less, situated in the City |
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47 | 47 | | of Huntsville, WARREN BIRDSELL SURVEY, Abstract No. 6 and P. GRAY |
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48 | 48 | | SURVEY, Abstract No. 24, Walker County, Texas and being all of the |
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49 | 49 | | following tracts or parcels of land: a). a 0.341 acre tract out of |
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50 | 50 | | and a part of a called 515 acre tract as described in a Deed from Ed |
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51 | 51 | | H. Cunningham, et al to the State of Texas (Texas Department of |
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52 | 52 | | Corrections), dated June 23, 1883 and recorded in Volume Y, Page |
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53 | 53 | | 181, Deed Records; and b). being all of a 2.19 acre tract as |
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54 | 54 | | described in an Instrument from the Texas Department of Corrections |
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55 | 55 | | to the Board of Regents of The Texas A & M University System for the |
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56 | 56 | | use of the Texas Forest Service, as recorded in Volume 84, Page 783, |
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57 | 57 | | Official Records, said two tracts being more definitely described |
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58 | 58 | | as one contiguous tract of 2.536 acres as follows: |
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59 | 59 | | BEGINNING at the northwest corner of said 2.19 acre tract, |
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60 | 60 | | same being the northeast corner of said 0.341 acre tract and also |
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61 | 61 | | being the south right-of-way of State Highway 75, as per Volume 209, |
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62 | 62 | | Page 707, Deed Records, found a 5/8" iron rod; |
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63 | 63 | | THENCE S75°35'14"E (2.19 acre call-S73°23'00"E-250.00 feet), |
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64 | 64 | | with the north line of said 2.19 acre tract and the south line of |
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65 | 65 | | said S. H. 75, for a distance of 250.00 feet to the northeast corner |
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66 | 66 | | of said 2.19 acre tract, found a 5/8" iron rod; |
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67 | 67 | | THENCE S14°22'46"W, with the east line of said 2.19 acre |
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68 | 68 | | tract, for a distance of 453.60 feet to its southeast corner, same |
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69 | 69 | | being the called and apparent northeast right-of-way line of |
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70 | 70 | | Interstate Highway 45, as per Deed from the Texas Prison Board to |
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71 | 71 | | the State of Texas, recorded in Volume 158, Page 177 (Tract No. 1, |
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72 | 72 | | call 55.13 acres), Deed Records, found a 5/8" iron rod, from which a |
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73 | 73 | | concrete right-of-way monument, found for reference only, bears |
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74 | 74 | | S45°57'14"E-0.15 feet; |
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75 | 75 | | THENCE N45°57'14"W (2.19 acre call-N43°45'00"W-287.70 feet), |
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76 | 76 | | with the southwest line of said 2.19 acre tract and the called and |
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77 | 77 | | apparent northeast line of said I.H. 45, at 287.70 feet pass a point |
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78 | 78 | | for the southwest corner of said 2.19 acre tract, same being the |
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79 | 79 | | southeast corner of said 0.341 acre tract, continuing for a total |
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80 | 80 | | distance of 345.23 feet to the southwest corner of said 0.341 acre |
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81 | 81 | | tract, same being the east line of a 1-1/2 acre tract as described |
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82 | 82 | | in a Transfer of Title from the Texas Board of Corrections to the |
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83 | 83 | | Texas Department of Public Safety, recorded in Volume 391, Page |
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84 | 84 | | 724, Deed Records, and further evidenced by an unrecorded survey |
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85 | 85 | | (called 1.500 acres) by N. B. |
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86 | 86 | | Davidson, Jr., RPLS No. 2066, dated June, 1982, set a 5/8" iron rod |
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87 | 87 | | with an orange, plastic cap, marked "RPLS-4066"; |
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88 | 88 | | THENCE N14°22'38"E (1-1/2 acre call-N16°37'E-289.50 feet), |
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89 | 89 | | with the west line of said 0.341 acre tract and the east line of said |
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90 | 90 | | 1-1/2 acre tract, for a distance of 282.93 feet to the northwest |
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91 | 91 | | corner of said 0.341 acre tract, same being the northeast corner of |
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92 | 92 | | said 1-1/2 acre tract, found a 1/2" iron rod in the called south |
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93 | 93 | | right-of-way of said S.H. 75; |
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94 | 94 | | THENCE S75°35'14"E, with the north line of said 0.341 acre |
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95 | 95 | | tract and the called south line of said S.H. 75, for a distance of |
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96 | 96 | | 50.00 feet to the PLACE OF BEGINNING. |
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97 | 97 | | NOTE: Bearings referenced to the called north line of said |
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98 | 98 | | 2.19 acre tract (S75°35'14'E) in Volume 412, Page 149, Official |
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99 | 99 | | Records. |
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100 | 100 | | SECTION 2. This Act takes effect immediately if it receives |
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101 | 101 | | a vote of two-thirds of all the members elected to each house, as |
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102 | 102 | | provided by Section 39, Article III, Texas Constitution. If this |
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103 | 103 | | Act does not receive the vote necessary for immediate effect, this |
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104 | 104 | | Act takes effect September 1, 2011. |
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105 | 105 | | * * * * * |
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