84R20137 LEH-D
By: Miller of Fort Bend H.B. No. 1982
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain state property from the Texas
Department of Transportation to the University of Houston.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section, "utility infrastructure"
includes any facility owned by an electric or gas utility, as
defined by Section 31.002, 101.003, or 121.001, Utilities Code.
(b) As soon as practicable after obtaining the necessary
federal approval, the Texas Department of Transportation shall
donate and transfer to the University of Houston the real property
described by Subsection (f) of this section.
(c) The University of Houston may use the property
transferred under this Act only for a purpose that benefits the
public interest of the state. If the University of Houston uses the
property for any purpose other than a purpose described by this
subsection, ownership of the property automatically reverts to the
Texas Department of Transportation.
(d) The Texas Department of Transportation shall transfer
the property by an appropriate instrument of transfer. The
instrument of transfer must:
(1) provide that:
(A) the University of Houston may use the
property only for a purpose that benefits the public interest of the
state;
(B) ownership of the property will automatically
revert to the Texas Department of Transportation if the University
of Houston uses the property for any purpose other than a purpose
described by Paragraph (A) of this subdivision;
(C) if a relocation of utility infrastructure
located within the property is requested, the relocation costs are
paid by the requesting party; and
(D) the property is subject to an easement
created for all existing utility infrastructure located within the
property; and
(2) describe the property to be transferred by metes
and bounds.
(e) The Texas Department of Transportation shall retain
custody of the instrument of transfer after the instrument of
transfer is filed in the real property records of Fort Bend County.
(f) The real property referred to in this section consists
of the following three tracts of land:
(1) Being a tract of land containing 5.000 acres
(217,800 square feet), located in the Alexander Hodges Survey,
Abstract-32, in Fort Bend County, Texas; being a portion of a called
1093.65 acre tract recorded in the name of the State of Texas, State
Department of Highways and Public Transportation in Volume 2329,
Page 50 of the Fort Bend County Deed Records, and being all of a call
5.000 acre tract recorded as Tract 5 Part 3 of the State of Texas
Department of Transportation Tract 5 Partition Plat, a plat of
record in Slide Numbers 1655B and 1656A of the Plat Records of Fort
Bend County; said 5.000 acre tract being more particularly
described by metes and bounds as follows (all bearings referenced
to said Tract 5 partition plat):
Beginning at a TxDOT disk found at the northwest corner of a
said 5.000 acre tract, and being on the southeasterly Right-Of-Way
(R.O.W.) line of U.S. Highway 59 (width varies), from which a TxDOT
disk found for an angle point in said southeasterly R.O.W. line
bears South 52 degrees 29 minutes 36 seconds West, a distance of
453.80 feet;
Thence, with the lines common to said 5.000 acre tract and the
southeasterly R.O.W. line of said U.S. Highway 59, the following
two (2) courses:
1. North 52 degrees 29 minutes 44 seconds East, a distance
of 400.00 feet to a TxDOT disk found for an angle point;
2. North 76 degrees 03 minutes 27 seconds East, a distance
of 339.25 feet to a TxDOT disk found at the northeast corner of said
5.000 acres and the northwest corner of a call 8.000 acre tract
recorded as Tract 5, Part 4 of said Tract 5 partition plat, for the
northeast corner of the herein described tract;
Thence, with the line common to said 5.000 acre and said 8.000
acre tracts, South 04 degrees 10 minutes 00 seconds East, a distance
of 436.38 feet to a TxDOT disk found at the southeast corner of said
5.000 acre tract and being a northeasterly corner of The Board of
Regents of the University of Houston System Tract 5, Part 2 (U of H)
recorded in Fort Bend County Clerk's File Number 98103479, for the
southeast corner of the herein described tract;
Thence, with the lines common to said U of H tract and said
5.000 acre tract, the following two (2) courses:
1. South 85 degrees 50 minutes 00 seconds West, a distance
of 563.90 feet to a TxDOT disk found at the southwest corner of said
5.000 acre and the herein described tract;
2. North 37 degrees 31 minutes 00 seconds West, a distance
of 190.28 feet to the Point of Beginning and containing 5.000 acres
(217,800 square feet) of land;
(2) Being a tract of land containing 3.194 acres
(139,131 square feet), located in the Alexander Hodges Survey,
Abstract-32, in Fort Bend County, Texas; being a portion of a call
105.505 acre tract of land Parcel Number 121 dedicated as the
Right-Of-Way of U.S. Highway 59 (width varies) recorded in Volume
460, Page 73 of the Fort Bend County Deed Records; said 3.194 acre
tract being more particularly described by metes and bounds as
follows (all bearings referenced to the State of Texas Department
of Transportation Tract 5 Partition Plat, a plat of record in Slide
Numbers 1655B and 1656A of the Plat Records of Fort Bend County,
Texas):
Commencing at a TxDOT disk found at the westerly northwest
corner of a call 5.000 acre tract recorded as Tract 5, Part 3 of said
Tract 5 partition plat, and being on the southeasterly R.O.W. line
of said U.S. Highway 59, from which a TxDOT disk found for an angle
point in said southeasterly R.O.W. line bears South 52 degrees 29
minutes 36 seconds West, a distance of 453.80 feet;
Thence, with the lines common to said 5.000 acre tract and the
southeasterly R.O.W. line of U.S. Highway 59, North 52 degrees 29
minutes 44 seconds East, a distance of 400.00 feet to a TxDOT disk
found for the southwest corner and Point of Beginning of the herein
described tract;
Thence, through and across said 105.505 acre tract and with
the proposed south R.O.W. line of said U.S. Highway 59, and the
proposed west R.O.W. line of University Boulevard, the following
five (5) courses:
1. North 52 degrees 29 minutes 44 seconds East, a distance
of 409.89 feet to a 5/8-inch iron rod with a Miller Survey Group
(MSG) cap set for an angle point;
2. North 56 degrees 50 minutes 07 seconds East, a distance
of 97.35 feet to a 5/8-inch iron rod with a MSG cap set for an angle
point;
3. North 52 degrees 29 minutes 44 seconds East, a distance
of 274.54 feet to a 5/8-inch iron rod with a MSG cap set for an angle
point;
4. South 72 degrees 43 minutes 47 seconds East, a distance
of 83.12 feet to a 5/8-inch iron rod with a MSG cap set at the
northeast corner of the herein described tract and being at the
intersection of the proposed southeast R.O.W. line of proposed U.S.
Highway 59 and the projection of the west R.O.W. line of University
Boulevard;
5. South 04 degrees 10 minutes 00 seconds East, a distance
of 362.11 feet to a 5/8-inch iron rod with a MSG cap set at the
northeast corner of a call 8.000 acre tract recorded as Tract 5,
Part 4 of said Tract 5 partition plat, and being on the present
southeast R.O.W. line of said U.S. Highway 59, for the southeast
corner of the herein described tract;
Thence, with the southeast R.O.W. line of U.S. Highway 59 and
the north lines of said 8.000 acre and 5.000 acre tracts, the
following three (3) courses:
1. North 49 degrees 10 minutes 00 seconds West, a distance
of 35.51 feet to a 5/8 inch iron Rod with a MSG cap set for an angle
point;
2. South 86 degrees 05 minutes 07 seconds West, a distance
of 374.89 feet to a TxDOT disk found for the northwest corner of
said 8.000 acre tract and the northeast corner of said 5.000 acre
tract;
3. South 76 degrees 03 minutes 27 seconds West, a distance
of 339.25 feet to the Point of Beginning and containing 3.194 acres
(139,131 square feet) of land; and
(3) Being a tract of land containing 8.000 acres
(348,480 square feet), located in the Alexander Hodges Survey,
Abstract-32, in Fort Bend County, Texas; being all of a call 8.000
acre tract recorded in the name of the State of Texas, State
Department of Highways and Public Transportation in Volume 1821,
Page 993 of the Fort Bend County Deed Records, and platted as Tract
5 Part 4 of the State of Texas Department of Transportation Tract 5
Partition Plat, a plat of record in Slide Numbers 1655B and 1656A of
the Plat Records of Fort Bend County; said 8.000 acre tract being
more particularly described by metes and bounds as follows (all
bearings referenced to said Tract 5 partition plat):
Commencing at a TxDOT disk found at the northwest corner of a
call 5.000 acre tract recorded as Tract 5, Part 3 of said Tract 5
partition plat, and being on the southeasterly Right-Of-Way
(R.O.W.) line of U.S. Highway 59 (width varies), from which a TxDOT
disk found for an angle point in said southeasterly R.O.W. line
bears South 52 degrees 29 minutes 36 seconds West, a distance of
453.80 feet;
Thence, with the lines common to said 5.000 acre tract and the
southeasterly R.O.W. line of said U.S. Highway 59, the following
four (4) courses:
1. North 52 degrees 29 minutes 44 seconds East, a distance
of 400.00 feet to a TxDOT disk found for an angle point;
2. North 76 degrees 03 minutes 27 seconds East, a distance
of 339.25 feet to a TxDOT disk found at the northeast corner of said
5.000 acre tract and the northwest corner of said 8.000 acre tract
and Point of Beginning of the herein described tract;
3. North 86 degrees 05 minutes 07 seconds East ,a distance
of 374.89 feet to a 5/8-inch iron rod with a "Miller Survey Group"
(MSG) cap set for an angle point;
4. South 49 degrees 10 minutes 00 seconds East, a distance
of 35.51 feet to a 5/8-inch iron rod with a MSG cap set on the west
R.O.W. line of University Boulevard (width varies per said Tract 5
partition plat), for the northeast corner of said 8.000 acre and the
herein described tract;
Thence, with the west R.O.W. line of said University
Boulevard, and the east line of said 8.000 acre tract, South 04
degrees 10 minutes 00 seconds East, a distance of 846.11 feet to an
"X" cut in concrete set at the southeast corner of said 8.000 acre
tract and being an easterly northeast corner of The Board of Regents
of the University of Houston System Tract 5, Part 2 (U of H)
recorded in Fort Bend County Clerk's File Number 98103479, for the
southeast corner of the herein described tract;
Thence, with the lines common to said U of H tract and said
8.000 acre tract, South 85 degrees 50 minutes 00 seconds West, a
distance of 400.00 feet to an "X" cut in concrete set at the
southwest corner of said 8.000 acre and the herein described tract;
Thence, with the west line of said 8.000 acre tract, a
northeast line of said U of H tract and the east line of said 5.000
acre tract, North 04 degrees 10 minutes 00 seconds West, at a
distance of 436.49 feet pass a TxDOT disk found at the southeast
corner of said 5.000 acre tract and continue in all a total distance
of 872.87 feet to the Point of Beginning and containing 8.000 acres
(348,480 square feet) of land.
SECTION 2. This Act takes effect September 1, 2015.