S.B. No. 638
AN ACT
relating to the transfer of certain state property from the Texas
Department of Transportation to the Shepherd Independent School
District; requiring the payment of certain transaction fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Not later than September 30, 2015, the
Texas Department of Transportation shall transfer to the Shepherd
Independent School District the real property described by
Subsection (f) of this section.
(b) The Shepherd Independent School District may use the
property transferred under this Act only for a purpose that
benefits the public interest of the state. If the Shepherd
Independent School District uses the property for any purpose other
than a purpose that benefits the public interest of the state, the
Shepherd Independent School District shall pay to the Texas
Department of Transportation an amount equal to the fair market
value of the property on the date the Shepherd Independent School
District begins using the property for the purpose other than a
purpose that benefits the public interest of the state, less the
amount that the Shepherd Independent School District paid to the
Texas Department of Transportation under Subsection (c) of this
section.
(c) On the effective date of the transfer authorized under
Subsection (a) of this section, the Shepherd Independent School
District shall pay an amount to reimburse the Texas Department of
Transportation for the department's actual costs to acquire the
property. If the Texas Department of Transportation cannot
determine that amount, the amount shall be determined based on the
average historical property acquisition values for property
located in proximity to the property described by Subsection (f) of
this section on the date of original acquisition of the property by
the Texas Department of Transportation. Money received by the
Texas Department of Transportation under this subsection shall be
deposited in the state highway fund and used in the Texas Department
of Transportation district in which the property is located.
(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 Shepherd Independent School District may
use the property only for a purpose that benefits the public
interest of the state; or
(B) if the Shepherd Independent School District
uses the property for any purpose other than a purpose that benefits
the public interest of the state, the Shepherd Independent School
District shall pay to the Texas Department of Transportation an
amount equal to the fair market value of the property on the date
the Shepherd Independent School District begins using the property
for the purpose other than a purpose that benefits the public
interest of the state, less the amount paid to the Texas Department
of Transportation under Subsection (c) of this section;
(2) retain for the State of Texas:
(A) a 0.2583 acre tower site; and
(B) a 0.1570 acre access easement to the tower
site; and
(3) 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 San Jacinto
County.
(f) The real property referred to in this section is
described as follows:
12.2138 acres of land, being out of and a part of that certain State
of Texas called 2.47 acre tract described in Volume 60 Page 69 of
the San Jacinto County Deed Records (SJCCF#1951-001138) and all of
that certain State of Texas called 10.00 acre tract described in
Volume 230 Page 664 of the Official Public Records of San Jacinto
County (SJCCF#1983-002691), out of the William Logan Survey A-25 in
San Jacinto County, Texas, said 12.2138 acre tract of land being
more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod set in a fence corner on the North
right-of-way line of State Highway No. 150 (100 foot wide) marking
the Southwest corner of that certain Judson D. Jarboe called 1.6
acre tract described in Volume 106 Page 346 of the San Jacinto
County Deed Records (SJCCF#1967-001881) and the Southeast corner of
said called 2.47 acre tract, same being the Most Westerly Southeast
corner and PLACE OF BEGINNING of the tract herein described;
THENCE South 81°20'16" West, with the North right-of-way line of
said State Highway No. 150 and the South line of said called 2.47
acre tract, at 30.43 feet pass a concrete nail set in asphalt
pavement, at 155.96 feet pass a concrete nail set in asphalt
pavement marking the Most Westerly Southeast corner of a 0.1570
acre access easement to a 0.2583 acre tower site to be retained by
the State of Texas, at 176.24 feet pass a concrete nail set in
asphalt pavement marking the Southwest corner of said 0.1570 acre
access easement to a 0.2583 acre tower site to be retained by the
State of Texas, in all a total distance of 208.70 feet to a 5/8 inch
iron rod set in a fence corner marking the Southeast corner of that
certain City of Shepherd called 16 acre tract described in Volume
137 Page 757 of the Official Public Records of San Jacinto County
(SJCCF#1991-005476) and the Southwest corner of said called 2.47
acre tract, same being the Most Easterly Southwest corner of the
tract herein described;
THENCE North 00°57'32" East, with the fenced East line of said
called 16 acre tract, same being the fenced West line of said called
2.47 acre tract, a distance of 538.92 feet to a chain link fence
corner post found on the South line of said called 10.00 acre tract
marking a corner of said called 10.00 acre tract, the Northeast
corner of said called 16 acre tract and the Northwest corner of said
called 2.47 acre tract, same being a Re-entrant corner of the tract
herein described;
THENCE South 89°54'46" West, with the fenced North line of said
called 16 acre tract, same being the fenced South line of said
called 10.00 acre tract, a distance of 520.78 feet to a 3 inch
square concrete monument found in a fence corner marking the
Southeast corner of that certain Michael Flynn, Jr., et al. called
26.742 acre tract described in San Jacinto County Clerk File
No. 2005-006416 of the Official Public Records of San Jacinto
County and the Southwest corner of said called 10.00 acre tract,
same being the Most Northerly Southwest corner of the tract herein
described (the above mentioned fence is a chain link fence that is
approximately One foot North of the property line);
THENCE North 00°52'32" West, with the fenced East line of said
called 26.742 acre tract, same being the fenced West line of said
called 10.00 acre tract, a distance of 583.95 feet to a 3 inch
square concrete monument found in a fence corner on the South line
of that certain Bernard B. Kendall called 10.645 acre tract
described in Volume 213 Page 281 of the San Jacinto County Deed
Records (SJCCF#1982-000549) marking the Northeast corner of said
called 26.742 acre tract and the Northwest corner of said called
10.00 acre tract, same being the Northwest corner of the tract
herein described (the above mentioned fence is a chain link fence
that is approximately One foot East of the property line);
THENCE North 89°35'07" East, with the fenced South line of said
called 10.645 acre tract, same being the fenced North line of said
called 10.00 acre tract, a distance of 334.20 feet to a 1/2 inch
iron rod found marking the Southeast corner of said called 10.645
acre tract, the Southwest corner of that certain George W. Cox, et
ux. called 10.66 acre tract described in Volume 123 Page 657 of the
Official Public Records of San Jacinto County (SJCCF#1991-001094)
and a corner of said called 10.00 acre tract, same being a corner of
the tract herein described (the above mentioned fence is a chain
link fence that is approximately One foot South of the property
line);
THENCE North 89°20'11" East, with the fenced South line of said
called 10.66 acre tract, same being the fenced North line of said
called 10.00 acre tract, a distance of 420.05 feet to a 3 inch
square concrete monument found in a fence corner marking the
Northwest corner of that certain Glennon M. Dillon, et ux. called
5.09 acre tract described in San Jacinto County Clerk File
No. 2004-004887 of the Official Public Records of San Jacinto
County and the Northeast corner of said called 10.00 acre tract,
same being the Northeast corner of the tract herein described (the
above mentioned fence is a chain link fence that is approximately
One foot South of the property line);
THENCE South 01°23'09" West, with the fenced West line of said
called 5.09 acre tract, same being the fenced East line of said
called 10.00 acre tract, at 531.10 feet pass the Northwest corner of
a called sixty (60) foot wide ingress/egress easement described in
San Jacinto County Clerk File No. 2004-004887 of the Official
Public Records of San Jacinto County, in all a total distance of
591.60 feet to a 3 inch square concrete monument found in a fence
corner on the North line of said called 1.6 acre tract marking the
Southwest corner of said called 5.09 acre tract, the Southwest
corner of said called sixty (60) foot wide ingress/egress easement
and the Southeast corner of said called 10.00 acre tract, same being
the Most Northerly Southeast corner of the tract herein described
(the above mentioned fence is a chain link fence that is
approximately One foot West of the property line);
THENCE South 84°28'26" West, with the fenced North line of said
called 1.6 acre tract, same being the fenced South line of said
called 10.00 acre tract, a distance of 4.42 feet to a chain link
fence corner post found marking the Northwest corner of said called
1.6 acre tract, a corner of said called 10.00 acre tract and the
Northeast corner of said called 2.47 acre tract, same being a
Re-entrant corner of the tract herein described
THENCE South 00°57'49" West, with the fenced West line of said
called 1.6 acre tract, same being the fenced East line of said
called 2.47 acre tract, a distance of 140.69 feet to a 5/8 inch iron
rod set marking the Northeast corner of said 0.2583 acre tower site
to be retained by the State of Texas, same being a corner of the
tract herein described (from said set 5/8 inch iron rod a 5/8 inch
iron rod set in a fence corner on the North right-of-way line of
said State Highway No. 150 marking the Southeast corner of said
called 2.47 acre tract bears South 00°57'49" West 365.33 feet);
THENCE North 89°02'11" West, crossing said called 2.47 ace tract
perpendicular to the fenced West line of said called 1.6 acre tract,
same being the fenced East line of said called 2.47 acre tract, with
the North line of said 0.2583 acre tower site to be retained by the
State of Texas, a distance of 75.00 feet to a concrete nail set in
asphalt pavement marking the Northwest corner of said 0.2583 acre
tower site to be retained by the State of Texas, same being a
Re-entrant corner of the tract herein described;
THENCE South 00°57'49" West, crossing said called 2.47 acre tract
parallel with and 75.00 feet West of the fenced West line of said
called 1.6 acre tract, same being the fenced East line of said
called 2.47 acre tract, with the West line of said 0.2583 acre tower
site to be retained by the State of Texas, at 130.00 feet pass a
concrete nail set in asphalt pavement marking the Northeast corner
of said 0.1570 acre access easement to said 0.2583 acre tower site
to be retained by the State of Texas, in all a total distance of
150.00 feet to a concrete nail set in asphalt pavement marking the
Most Northerly Southeast corner of said 0.1570 acre access easement
to said 0.2583 acre tower site to be retained by the State of Texas
and the Southwest corner of said 0.2583 acre tower site to be
retained by the State of Texas, same being a Re-entrant corner of
the tract herein described;
THENCE South 89°02'11" East, crossing said called 2.47 acre tract
perpendicular to the fenced West line of said called 1.6 acre tract,
same being the fenced East line of said called 2.47 acre tract, with
the South line of said 0.2583 acre tower site to be retained by the
State of Texas, at 45.00 feet pass a 5/8 inch iron rod set as a
reference point, in all a total distance of 75.00 feet to a 5/8 inch
iron rod set on the fenced West line of said called 1.6 acre tract,
same being the fenced East line of said called 2.47 acre tract,
marking the Southeast corner of said 0.2583 acre tower site to be
retained by the State of Texas, same being a corner of the tract
herein described;
THENCE South 00°57'49" West, with the fenced West line of said
called 1.6 acre tract, same being the fenced East line of said
called 2.47 acre tract, a distance of 215.33 feet to the PLACE OF
BEGINNING and containing 12.2138 acres of land, more of less.
The above described tract is a 12.4721 acre tract, being all of that
certain State of Texas called 2.47 acre tract described in Volume 60
Page 69 of the San Jacinto County Deed Records (SJCCF#1951-001138)
and all of that certain State of Texas called 10.00 acre tract
described in Volume 230 Page 664 of the Official Public Records of
San Jacinto County (SJCCF#1983-002691), out of the William Logan
Survey A-25 in San Jacinto County, SAVE AND EXCEPT, a 0.2583 acre
tower site out of said called 2.47 acre tract to be retained by the
State of Texas as Texas, resulting in 12.2138 acres of land, more or
less.
(g) The Shepherd Independent School District shall pay any
transaction fees resulting from the transfer of property under this
Act.
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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 638 passed the Senate on
April 29, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 638 passed the House on
May 27, 2015, by the following vote: Yeas 136, Nays 8, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor