Texas 2015 - 84th Regular

Texas Senate Bill SB638 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Nichols S.B. No. 638
2		-	(Otto)
	1	+	S.B. No. 638
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the transfer of certain state property from the Texas
8	6		Department of Transportation to the Shepherd Independent School
9	7		District; requiring the payment of certain transaction fees.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. (a) Not later than September 30, 2015, the
12	10		Texas Department of Transportation shall transfer to the Shepherd
13	11		Independent School District the real property described by
14	12		Subsection (f) of this section.
15	13		(b) The Shepherd Independent School District may use the
16	14		property transferred under this Act only for a purpose that
17	15		benefits the public interest of the state. If the Shepherd
18	16		Independent School District uses the property for any purpose other
19	17		than a purpose that benefits the public interest of the state, the
20	18		Shepherd Independent School District shall pay to the Texas
21	19		Department of Transportation an amount equal to the fair market
22	20		value of the property on the date the Shepherd Independent School
23	21		District begins using the property for the purpose other than a
24	22		purpose that benefits the public interest of the state, less the
25	23		amount that the Shepherd Independent School District paid to the
26	24		Texas Department of Transportation under Subsection (c) of this
27	25		section.
28	26		(c) On the effective date of the transfer authorized under
29	27		Subsection (a) of this section, the Shepherd Independent School
30	28		District shall pay an amount to reimburse the Texas Department of
31	29		Transportation for the department's actual costs to acquire the
32	30		property. If the Texas Department of Transportation cannot
33	31		determine that amount, the amount shall be determined based on the
34	32		average historical property acquisition values for property
35	33		located in proximity to the property described by Subsection (f) of
36	34		this section on the date of original acquisition of the property by
37	35		the Texas Department of Transportation. Money received by the
38	36		Texas Department of Transportation under this subsection shall be
39	37		deposited in the state highway fund and used in the Texas Department
40	38		of Transportation district in which the property is located.
41	39		(d) The Texas Department of Transportation shall transfer
42	40		the property by an appropriate instrument of transfer. The
43	41		instrument of transfer must:
44	42		(1) provide that:
45	43		(A) the Shepherd Independent School District may
46	44		use the property only for a purpose that benefits the public
47	45		interest of the state; or
48	46		(B) if the Shepherd Independent School District
49	47		uses the property for any purpose other than a purpose that benefits
50	48		the public interest of the state, the Shepherd Independent School
51	49		District shall pay to the Texas Department of Transportation an
52	50		amount equal to the fair market value of the property on the date
53	51		the Shepherd Independent School District begins using the property
54	52		for the purpose other than a purpose that benefits the public
55	53		interest of the state, less the amount paid to the Texas Department
56	54		of Transportation under Subsection (c) of this section;
57	55		(2) retain for the State of Texas:
58	56		(A) a 0.2583 acre tower site; and
59	57		(B) a 0.1570 acre access easement to the tower
60	58		site; and
61	59		(3) describe the property to be transferred by metes
62	60		and bounds.
63	61		(e) The Texas Department of Transportation shall retain
64	62		custody of the instrument of transfer after the instrument of
65	63		transfer is filed in the real property records of San Jacinto
66	64		County.
67	65		(f) The real property referred to in this section is
68	66		described as follows:
69	67		12.2138 acres of land, being out of and a part of that certain State
70	68		of Texas called 2.47 acre tract described in Volume 60 Page 69 of
71	69		the San Jacinto County Deed Records (SJCCF#1951-001138) and all of
72	70		that certain State of Texas called 10.00 acre tract described in
73	71		Volume 230 Page 664 of the Official Public Records of San Jacinto
74	72		County (SJCCF#1983-002691), out of the William Logan Survey A-25 in
75	73		San Jacinto County, Texas, said 12.2138 acre tract of land being
76	74		more particularly described by metes and bounds as follows:
77	75		BEGINNING at a 5/8 inch iron rod set in a fence corner on the North
78	76		right-of-way line of State Highway No. 150 (100 foot wide) marking
79	77		the Southwest corner of that certain Judson D. Jarboe called 1.6
80	78		acre tract described in Volume 106 Page 346 of the San Jacinto
81	79		County Deed Records (SJCCF#1967-001881) and the Southeast corner of
82	80		said called 2.47 acre tract, same being the Most Westerly Southeast
83	81		corner and PLACE OF BEGINNING of the tract herein described;
84	82		THENCE South 81°20'16" West, with the North right-of-way line of
85	83		said State Highway No. 150 and the South line of said called 2.47
86	84		acre tract, at 30.43 feet pass a concrete nail set in asphalt
87	85		pavement, at 155.96 feet pass a concrete nail set in asphalt
88	86		pavement marking the Most Westerly Southeast corner of a 0.1570
89	87		acre access easement to a 0.2583 acre tower site to be retained by
90	88		the State of Texas, at 176.24 feet pass a concrete nail set in
91	89		asphalt pavement marking the Southwest corner of said 0.1570 acre
92	90		access easement to a 0.2583 acre tower site to be retained by the
93	91		State of Texas, in all a total distance of 208.70 feet to a 5/8 inch
94	92		iron rod set in a fence corner marking the Southeast corner of that
95	93		certain City of Shepherd called 16 acre tract described in Volume
96	94		137 Page 757 of the Official Public Records of San Jacinto County
97	95		(SJCCF#1991-005476) and the Southwest corner of said called 2.47
98	96		acre tract, same being the Most Easterly Southwest corner of the
99	97		tract herein described;
100	98		THENCE North 00°57'32" East, with the fenced East line of said
101	99		called 16 acre tract, same being the fenced West line of said called
102	100		2.47 acre tract, a distance of 538.92 feet to a chain link fence
103	101		corner post found on the South line of said called 10.00 acre tract
104	102		marking a corner of said called 10.00 acre tract, the Northeast
105	103		corner of said called 16 acre tract and the Northwest corner of said
106	104		called 2.47 acre tract, same being a Re-entrant corner of the tract
107	105		herein described;
108	106		THENCE South 89°54'46" West, with the fenced North line of said
109	107		called 16 acre tract, same being the fenced South line of said
110	108		called 10.00 acre tract, a distance of 520.78 feet to a 3 inch
111	109		square concrete monument found in a fence corner marking the
112	110		Southeast corner of that certain Michael Flynn, Jr., et al. called
113	111		26.742 acre tract described in San Jacinto County Clerk File
114	112		No. 2005-006416 of the Official Public Records of San Jacinto
115	113		County and the Southwest corner of said called 10.00 acre tract,
116	114		same being the Most Northerly Southwest corner of the tract herein
117	115		described (the above mentioned fence is a chain link fence that is
118	116		approximately One foot North of the property line);
119	117		THENCE North 00°52'32" West, with the fenced East line of said
120	118		called 26.742 acre tract, same being the fenced West line of said
121	119		called 10.00 acre tract, a distance of 583.95 feet to a 3 inch
122	120		square concrete monument found in a fence corner on the South line
123	121		of that certain Bernard B. Kendall called 10.645 acre tract
124	122		described in Volume 213 Page 281 of the San Jacinto County Deed
125	123		Records (SJCCF#1982-000549) marking the Northeast corner of said
126	124		called 26.742 acre tract and the Northwest corner of said called
127	125		10.00 acre tract, same being the Northwest corner of the tract
128	126		herein described (the above mentioned fence is a chain link fence
129	127		that is approximately One foot East of the property line);
130	128		THENCE North 89°35'07" East, with the fenced South line of said
131	129		called 10.645 acre tract, same being the fenced North line of said
132	130		called 10.00 acre tract, a distance of 334.20 feet to a 1/2 inch
133	131		iron rod found marking the Southeast corner of said called 10.645
134	132		acre tract, the Southwest corner of that certain George W. Cox, et
135	133		ux. called 10.66 acre tract described in Volume 123 Page 657 of the
136	134		Official Public Records of San Jacinto County (SJCCF#1991-001094)
137	135		and a corner of said called 10.00 acre tract, same being a corner of
138	136		the tract herein described (the above mentioned fence is a chain
139	137		link fence that is approximately One foot South of the property
140	138		line);
141	139		THENCE North 89°20'11" East, with the fenced South line of said
142	140		called 10.66 acre tract, same being the fenced North line of said
143	141		called 10.00 acre tract, a distance of 420.05 feet to a 3 inch
144	142		square concrete monument found in a fence corner marking the
145	143		Northwest corner of that certain Glennon M. Dillon, et ux. called
146	144		5.09 acre tract described in San Jacinto County Clerk File
147	145		No. 2004-004887 of the Official Public Records of San Jacinto
148	146		County and the Northeast corner of said called 10.00 acre tract,
149	147		same being the Northeast corner of the tract herein described (the
150	148		above mentioned fence is a chain link fence that is approximately
151	149		One foot South of the property line);
152	150		THENCE South 01°23'09" West, with the fenced West line of said
153	151		called 5.09 acre tract, same being the fenced East line of said
154	152		called 10.00 acre tract, at 531.10 feet pass the Northwest corner of
155	153		a called sixty (60) foot wide ingress/egress easement described in
156	154		San Jacinto County Clerk File No. 2004-004887 of the Official
157	155		Public Records of San Jacinto County, in all a total distance of
158	156		591.60 feet to a 3 inch square concrete monument found in a fence
159	157		corner on the North line of said called 1.6 acre tract marking the
160	158		Southwest corner of said called 5.09 acre tract, the Southwest
161	159		corner of said called sixty (60) foot wide ingress/egress easement
162	160		and the Southeast corner of said called 10.00 acre tract, same being
163	161		the Most Northerly Southeast corner of the tract herein described
164	162		(the above mentioned fence is a chain link fence that is
165	163		approximately One foot West of the property line);
166	164		THENCE South 84°28'26" West, with the fenced North line of said
167	165		called 1.6 acre tract, same being the fenced South line of said
168	166		called 10.00 acre tract, a distance of 4.42 feet to a chain link
169	167		fence corner post found marking the Northwest corner of said called
170	168		1.6 acre tract, a corner of said called 10.00 acre tract and the
171	169		Northeast corner of said called 2.47 acre tract, same being a
172	170		Re-entrant corner of the tract herein described
173	171		THENCE South 00°57'49" West, with the fenced West line of said
174	172		called 1.6 acre tract, same being the fenced East line of said
175	173		called 2.47 acre tract, a distance of 140.69 feet to a 5/8 inch iron
176	174		rod set marking the Northeast corner of said 0.2583 acre tower site
177	175		to be retained by the State of Texas, same being a corner of the
178	176		tract herein described (from said set 5/8 inch iron rod a 5/8 inch
179	177		iron rod set in a fence corner on the North right-of-way line of
180	178		said State Highway No. 150 marking the Southeast corner of said
181	179		called 2.47 acre tract bears South 00°57'49" West 365.33 feet);
182	180		THENCE North 89°02'11" West, crossing said called 2.47 ace tract
183	181		perpendicular to the fenced West line of said called 1.6 acre tract,
184	182		same being the fenced East line of said called 2.47 acre tract, with
185	183		the North line of said 0.2583 acre tower site to be retained by the
186	184		State of Texas, a distance of 75.00 feet to a concrete nail set in
187	185		asphalt pavement marking the Northwest corner of said 0.2583 acre
188	186		tower site to be retained by the State of Texas, same being a
189	187		Re-entrant corner of the tract herein described;
190	188		THENCE South 00°57'49" West, crossing said called 2.47 acre tract
191	189		parallel with and 75.00 feet West of the fenced West line of said
192	190		called 1.6 acre tract, same being the fenced East line of said
193	191		called 2.47 acre tract, with the West line of said 0.2583 acre tower
194	192		site to be retained by the State of Texas, at 130.00 feet pass a
195	193		concrete nail set in asphalt pavement marking the Northeast corner
196	194		of said 0.1570 acre access easement to said 0.2583 acre tower site
197	195		to be retained by the State of Texas, in all a total distance of
198	196		150.00 feet to a concrete nail set in asphalt pavement marking the
199	197		Most Northerly Southeast corner of said 0.1570 acre access easement
200	198		to said 0.2583 acre tower site to be retained by the State of Texas
201	199		and the Southwest corner of said 0.2583 acre tower site to be
202	200		retained by the State of Texas, same being a Re-entrant corner of
203	201		the tract herein described;
204	202		THENCE South 89°02'11" East, crossing said called 2.47 acre tract
205	203		perpendicular to the fenced West line of said called 1.6 acre tract,
206	204		same being the fenced East line of said called 2.47 acre tract, with
207	205		the South line of said 0.2583 acre tower site to be retained by the
208	206		State of Texas, at 45.00 feet pass a 5/8 inch iron rod set as a
209	207		reference point, in all a total distance of 75.00 feet to a 5/8 inch
210	208		iron rod set on the fenced West line of said called 1.6 acre tract,
211	209		same being the fenced East line of said called 2.47 acre tract,
212	210		marking the Southeast corner of said 0.2583 acre tower site to be
213	211		retained by the State of Texas, same being a corner of the tract
214	212		herein described;
215	213		THENCE South 00°57'49" West, with the fenced West line of said
216	214		called 1.6 acre tract, same being the fenced East line of said
217	215		called 2.47 acre tract, a distance of 215.33 feet to the PLACE OF
218	216		BEGINNING and containing 12.2138 acres of land, more of less.
219	217		The above described tract is a 12.4721 acre tract, being all of that
220	218		certain State of Texas called 2.47 acre tract described in Volume 60
221	219		Page 69 of the San Jacinto County Deed Records (SJCCF#1951-001138)
222	220		and all of that certain State of Texas called 10.00 acre tract
223	221		described in Volume 230 Page 664 of the Official Public Records of
224	222		San Jacinto County (SJCCF#1983-002691), out of the William Logan
225	223		Survey A-25 in San Jacinto County, SAVE AND EXCEPT, a 0.2583 acre
226	224		tower site out of said called 2.47 acre tract to be retained by the
227	225		State of Texas as Texas, resulting in 12.2138 acres of land, more or
228	226		less.
229	227		(g) The Shepherd Independent School District shall pay any
230	228		transaction fees resulting from the transfer of property under this
231	229		Act.
232	230		SECTION 2. This Act takes effect immediately if it receives
233	231		a vote of two-thirds of all the members elected to each house, as
234	232		provided by Section 39, Article III, Texas Constitution. If this
235	233		Act does not receive the vote necessary for immediate effect, this
236	234		Act takes effect September 1, 2015.
	235	+	______________________________ ______________________________
	236	+	President of the Senate Speaker of the House
	237	+	I hereby certify that S.B. No. 638 passed the Senate on
	238	+	April 29, 2015, by the following vote: Yeas 31, Nays 0.
	239	+	______________________________
	240	+	Secretary of the Senate
	241	+	I hereby certify that S.B. No. 638 passed the House on
	242	+	May 27, 2015, by the following vote: Yeas 136, Nays 8, two
	243	+	present not voting.
	244	+	______________________________
	245	+	Chief Clerk of the House
	246	+	Approved:
	247	+	______________________________
	248	+	Date
	249	+	______________________________
	250	+	Governor