By: Isaac (Senate Sponsor - Campbell) H.B. No. 1738
(In the Senate - Received from the House May 4, 2015;
May 5, 2015, read first time and referred to Committee on
Transportation; May 22, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1738 By: Hancock
A BILL TO BE ENTITLED
AN ACT
relating to the release of certain restrictions on the use of
certain highway rights-of-way transferred to a municipality from
the Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 202.021, Transportation Code, is amended
by adding Subsection (e-2) to read as follows:
(e-2) A municipality that received a grant of highway
right-of-way from the department on June 12, 2013, that is subject
to a reservation described by Subsection (e-1) and that is
described by Section 2 of the Act enacting this subsection may, with
the approval of its governing body after a public hearing, enter
into an agreement with the department under which:
(1) the department agrees to:
(A) recommend to the governor that an instrument
releasing the reservation be executed; and
(B) if executed, record the instrument in the
deed records of the county in which the right-of-way is located; and
(2) the municipality, if the instrument releasing the
reservation is executed, agrees to:
(A) transfer the right-of-way to one or more
landowners in exchange for real property with a value that is equal
to or greater than the value of the right-of-way and that is
described by Section 2 of the Act enacting this subsection;
(B) use the acquired real property for public
road purposes necessary to accomplish a portion of a transportation
master plan adopted by the municipality's governing body at a
public meeting in February 2008; and
(C) execute and record in the deed records of the
county in which the acquired real property is located a restrictive
covenant that grants the real property to the state if the real
property ceases to be used for public road purposes.
SECTION 2. The real property to be exchanged under Section
202.021(e-2), Transportation Code, as added by this Act, is the
following tracts in Hays County:
(1) FIELD NOTE DESCRIPTION OF 1.503 ACRES OF LAND, MORE OR
LESS, OUT OF THE PHILLIP A. SMITH SURVEY NO. 26, ABSTRACT NO. 415,
HAYS COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 8.34 ACRE TRACT
OF RIGHT OF WAY CONVEYED TO THE CITY OF DRIPPING SPRINGS BY DEED
RECORDED IN VOLUME 4741, PAGE 377, OFFICIAL PUBLIC RECORDS OF HAYS
COUNTY, TEXAS, SAID 1.503 ACRES BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a concrete highway monument found at a point of
curvature in the north right-of-way line of U.S. Hwy 290 (station
924+80.70) and southwest line of Lot 1, R. J. Ragland Subdivision,
as recorded in volume 194, page 347, Deed Records, Hays County,
Texas, from which a capped 1/2 inch iron [CMA 5911] set in the
curving north right-of-way line of U.S. Hwy 290 and south
right-of-way line of Hays County Road No. 320, bears S 47°19'30" E,
a distance of 275.02 feet, for the POINT OF BEGINNING of the herein
described tract;
THENCE with the south right-of-way line of said county road
and northeast line of said Lot 1, the following two (2) courses:
1) along a curve to the right, having a radius of 1,959.89
feet, an arc length of 175.39 feet, a chord bearing of N 30°31'20" W,
and a chord distance of 175.33 feet to a concrete highway monument
found at a point of non-tangency, and
2) N 27°44'46" W, a distance of 245.39 feet to a capped 1/2
inch iron rod [CMA 5911] set in the future south right-of-way line
of Roger Hanks Parkway, for the northwest corner of the herein
described tract;
THENCE over and across the right-of-way of said county road,
along said future right-of-way, along a curve to the right, having a
radius of 360.00 feet, an arc length of 100.37 feet, a chord bearing
of N 60°41'43" E, and chord distance of 100.05 feet, to a capped 1/2
inch iron rod [RPLS 4404] found in the north right-of-way line of
said county road for the northeast corner of the herein described
tract;
THENCE leaving said future right-of-way, with the north
right-of-way line of said county road and south line of that certain
142.00 acre tract conveyed to Draper Ranch Partnership by deed
recorded in volume 936, page 868, Official Public Records, Hays
County, Texas, the following two (2) courses:
1) S 27°44'46" E, a distance of 247.58 feet to a concrete
monument found for a point of curvature, and
2) along a curve to the left, having a radius of 1,858.68
feet, an arc length of 757.95 feet, a chord bearing of S 39°19'38" E,
and a chord distance of 752.71 feet, to a 1/2 inch capped iron rod
[CMA 5911] set in the east line of said 142.00 acre tract;
THENCE leaving the north right-of-way line of said county
road, with the south line of said 8.34 acre tract, the following
three (3) courses:
1) N 53°18'17" W, a distance of 357.78 feet, to a capped 1/2
inch iron rod [RPLS 4404] found for an angle point in south line of
the herein described tract,
2) N 44°57'46" W, a distance of 54.06 feet, to a Mag nail
found for an angle point in the south line of the herein described
tract, and
3) along a curve to the right, having a radius of 5,669.65
feet, an arc length of 200.79 feet, a chord bearing of N 48°50'36" W,
and a chord distance of 200.78 feet to the POINT OF BEGINNING,
containing 1.503 acres, more or less; and
(2) FIELD NOTE DESCRIPTION OF 11,604 SQUARE FEET ACRES OF
LAND, MORE OR LESS, OUT OF THE PHILLIP A. SMITH SURVEY NO. 26,
ABSTRACT NO. 415, HAYS COUNTY, TEXAS, AND BEING A PORTION OF LOT 1,
R. J. RAGLAND SUBDIVISION, HAYS COUNTY, TEXAS, AS RECORDED IN
VOLUME 194, PAGE 347, DEED RECORDS OF HAYS COUNTY, TEXAS, SAID
11,604 SQUARE FEET BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a capped 1/2 inch iron rod [RPLS 4404] found for
the northernmost corner of said Lot 1 and easternmost corner of Lot
2 of said Ragland subdivision, in the south right-of-way line of
Hays County Road No. 320 (Old U.S. Hwy 290) for the POINT OF
BEGINNING and northernmost corner of the herein described tract;
THENCE with said south right-of-way line, S 27°44'46" E, a
distance of 88.41 feet to a capped 1/2 inch iron rod [CMA 5911] set
in the future south right-of-way line of Roger Hanks Parkway for the
easternmost corner of the herein described tract;
THENCE leaving the south right-of-way line of said county
road, with future south right-of-way line of Roger Hanks Parkway,
over and across said Lot 1, the following two (2) courses:
1) along a curve to the left, having a radius of 360.00 feet,
an arc length of 53.88 feet, a chord bearing of S 48°25'13" W, and a
chord distance of 53.83 feet to a capped 1/2 inch iron rod [CMA
5911] set for a point of tangency, and
2) S 44°07'58" W, a distance of 76.04 feet, to a capped 1/2
inch iron rod [CMA 5911] set in the north right-of-line of U.S. Hwy
290 (100 foot wide) for the southernmost corner of the herein
described tract;
THENCE with said north right-of-way line, N 45°52'02" W, a
distance of 80.00 feet, to a capped 1/2 inch iron rod [CMA 5911] set
for the westernmost corner of said Lot 1, southernmost corner of
said Lot 2, and westernmost corner of the herein described tract;
THENCE with the common line between said Lot 1 and said Lot 2,
N 44°07'58" E, a distance of 157.22 feet to the POINT OF BEGINNING,
containing 11,604 square feet more or less.
(3) FIELD NOTE DESCRIPTION OF A 1.76 ACRE TRACT OF LAND OUT
OF THE P.A.SMITH SURVEY NO. 26, HAYS COUNTY, TEXAS, BEING OUT OF A
CALLED 142.00 ACRE TRACT OF LAND CONVEYED TO DRAPER RANCH
PARTNERSHIP IN VOLUME 936, PAGE 868, OFFICIAL PUBLIC RECORDS OF
HAYS COUNTY, TEXAS, SAID 1.76 ACRES BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
BEGINNING at a 1/2 inch iron rod with cap set for the
northwest corner of the herein described tract, said iron rod being
in the northeast corner of a called 19.21 acre tract of land
conveyed to Hilltop Campus, LTD. In Volume 1780, Page 747, Official
Public Records of Hays County, Texas, said iron rod being in the
south line of a called 98.47 acre tract of land (remainder tract)
recorded in Document No. 9926903, Official Public Records of Hays
County, Texas;
THENCE N.89°11'23"E, with the south line of said 98.47 acre
remainder tract and the north line of the herein described tract, a
distance of 19.96 feet to a 1/2 inch iron rod with cap set for the
northeast corner of the herein described tract, said iron rod being
a northwest corner of a called 4.03 acre tract of land conveyed to
The City of Dripping Springs, Texas in Volume 1878, Page 624,
Official Public Records of Hays County, Texas;
THENCE S 01°18'22"E, with the west line of said 4.03 acre
tract and the east line of said Draper Ranch Partnership remainder
tract, a distance of 1010.94 feet to a 1/2 inch iron rod with cap set
for the beginning of a non-tangent curve to the right;
THENCE crossing said Draper Ranch Partnership remainder
tract, the following three (3) courses and distances;
1) with the arc of a non-tangent curve to the right, a
distance of 396.92 feet, said curve having a radius of 440.00 feet
and a chord bearing of S 54°49'12"W, a chord distance of 383.60 feet
to a 1/2 inch iron rod with cap set for the end of said curve;
2) S 80°39'46"W, a distance of 223.53 feet to a 1/2 inch iron
rod with cap set for the beginning of a curve to the left, and
3) with the arc of a curve to the left, a distance of 68.19
feet, said curve having a radius of 360.00 feet and a chord bearing
of S 75°14'11"W, a chord distance of 68.09 feet to a 1/2 inch iron
rod with cap set in the east right of way of Hays County Road No. 320
(R.O.W. varies), said iron rod being in the westerly line of said
Draper Ranch Partnership remainder tract for the most southerly
corner of the herein described tract, from which a concrete highway
monument found bears S 26°42'54"E, a distance of 247.70 feet;
THENCE N 26°42'54"W, with the east right of way of Hays County
Road No. 320, a distance of 80.43 feet to a 1/2 inch iron rod with
cap set for the most westerly corner of the herein described tract
and the beginning of a non-tangent curve to the right;
THENCE crossing said Draper Ranch Partnership remainder
tract, the following four courses and distances;
1) with the arc of a non-tangent curve to the right, a
distance of 92.48 feet, said curve having a radius of 440.00 feet
and a chord bearing of N 74°38'29"E, a chord distance of 92.31 feet
to a 1/2 inch iron rod with cap set for the end of said curve;
2) N 80°39'46"E, a distance of 223.53 feet to a 1/2 inch iron
rod with cap set for the beginning of a curve to the left;
3) with the arc of a curve to the left, a distance of 515.03
feet, said curve having a radius of 360.00 feet and a chord bearing
of N 39°40'42"E, a distance of 472.22 feet to a 1/2 inch iron rod
with cap set for the end of said curve, and
4) N 01°18'22"W, a distance of 789.23 feet to the POINT OF
BEGINNING, containing 1.76 acres of land.
SECTION 3. 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, 2015.
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