By: Estes, et al. S.B. No. 822
(In the Senate - Filed February 10, 2017; February 27, 2017,
read first time and referred to Committee on Natural Resources &
Economic Development; April 4, 2017, reported favorably by the
following vote: Yeas 6, Nays 5; April 4, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain property from The University of
Texas System to the Parks and Wildlife Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Not later than December 31, 2017, the board
of regents of The University of Texas System shall transfer to the
Parks and Wildlife Department the real property described by
Section 2 of this Act.
(b) The consideration for the transfer authorized by
Subsection (a) of this section is the requirement that the Parks and
Wildlife Department use the property transferred only for a public
golf course, a purpose that benefits the public interest of the
state. If the Parks and Wildlife Department no longer uses the
property for a public golf course, ownership of the property
automatically reverts to The University of Texas System.
(c) The board of regents of The University of Texas System
shall transfer the property by an appropriate instrument of
transfer that:
(1) includes a provision that:
(A) requires the Parks and Wildlife Department to
use the property for a public golf course, a purpose that benefits
the public interest of the state; and
(B) indicates that ownership of the property
automatically reverts to The University of Texas System if the
Parks and Wildlife Department no longer uses the property for a
public golf course; and
(2) describes the property to be transferred by metes
and bounds.
(d) All contracts, leases, and other obligations governing
the real property described by Section 2 of this Act in effect on
the effective date of this Act are transferred to the Parks and
Wildlife Department.
(e) Sections 31.158 and 31.159, Natural Resources Code, do
not apply to the transfer of real property authorized by this Act.
SECTION 2. The real property to which Section 1 of this Act
refers is described as follows:
A 141.38 ACRE TRACT OF LAND SITUATED IN THE D. J. GILBERT SURVEY NO.
8, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, BEING A PORTION OF
THAT CERTAIN 353 ACRE TRACT OF LAND CONVEYED BY GEORGE W.
BRACKENRIDGE TO THE UNIVERSITY OF TEXAS BY DEED DATED JUNE 17, 1910
AND RECORDED IN BOOK 244, PAGES 77 AND 78 OF THE TRAVIS COUNTY,
TEXAS DEED RECORDS, SAID 141.38 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron pipe found for the most southerly east
corner of the herein described tract, being the southerly southwest
corner of that certain 5.53 acre tract of land conveyed to The City
of Austin for street purposes as Tract Number Three recorded in
Volume 4993, Pages 489 to 495 of said deed records, being on the
west line of existing Exposition Boulevard and on the northeast
line of Lake Austin Boulevard;
THENCE along the northeast line of said Lake Austin Boulevard in a
northwesterly direction the following five (5) courses:
1. N 29°52'04" W, 383.94 feet to a 1/2 inch iron pipe found
for a non-tangent point of curvature,
2. a distance of 169.14 feet along the arc of a curve to the
left having a central angle of 2°35'01", a radius of 3,751.04 feet
and a chord bearing N 31°10'55" W, 169.13 feet to a 1/2 inch iron
pipe found for a non-tangent point,
3. N 32°27'00" W, 2,881.84 feet to a 1/2 inch iron pipe found
for a non-tangent point of curvature,
4. a distance of 659.98 feet along the arc of a curve to the
right having a central angle of 28°41'48", a radius of 1,317.72 feet
and a chord bearing N 18°04'40" W, 653.10 feet to a 1/2 inch iron
pipe found for a non-tangent point, and
5. N 03°45'00" W, parallel to and a perpendicular distance of
50.00 feet east of the monumented centerline of Lake Austin
Boulevard as shown on drawing number R-6 in the records of the
Department of Engineering of the City of Austin, Texas, 225.87 feet
to a 5/8 inch iron rod set for the northwesterly corner of the
herein described tract;
THENCE departing the east line of said Lake Austin Boulevard N
87°44'57" E, at 7.46 feet pass a 5/8 inch iron rod set at the
southwest corner of Lake Addition, a subdivision recorded in Book
137, Page 377 of the said deed records, being the southwest corner
of Park Street, a dedicated sixty (60) foot right-of-way of said
Lake Addition later vacated by City of Austin Ordinance No. 731213A
and retained as a sixty (60) foot Public Utility Easement as
recorded in Volume 4820, Page 598 and continuing along the south
line of said Lake Addition being the south line of said Park Street
a total distance of 1,384.86 feet to a 1/2 inch iron pipe found for
the southeast corner of said Park Street, being on the south line of
existing Enfield Road;
THENCE along the south line of Enfield Road S 60°43'03" E, 92.46 feet
to a 5/8 inch iron rod set at the most northerly southwest corner of
that certain 5.53 acre tract of land conveyed to the City of Austin
for street purposes as Tract Number Three recorded in Volume 4993,
Pages 489 to 495 of said deed records;
THENCE along the south line of said Enfield Road, being the most
northerly south line of said 5.53 acre tract S 60°29'08" E, 1,176.72
feet to a 5/8 inch iron rod set in the southerly prolongation of the
centerline of Hopi Trail, being 23.52 feet south of the monumented
baseline of Enfield Road from Hopi Trail westerly to Schulle Avenue
as shown in the records of the Department of Engineering of the City
of Austin;
THENCE continuing along the south line of said Enfield Road, being
the most northerly south line of said 5.53 acre tract S 59°04'00" E,
117.61 feet to a 5/8 inch iron rod set;
THENCE departing the south line of said Enfield Road and crossing
said University tract in a southerly direction the following seven
courses:
1. S 42°14'36" W, 458.84 feet to a 5/8 inch iron rod set,
2. S 19°36'11" E, 352.49 feet to a 5/8 inch iron rod set,
3. N 84°48'18" E, 222.56 feet to a 5/8 inch iron rod set,
4. S 78°55'27" E, 281.07 feet to a 5/8 inch iron rod set,
5. S 41°50'16" E, 178.37 feet to a 3/4 inch iron rod in a
concrete monument found marked number 3 as shown on Plan Number
R-205-A of Metcalfe Engineering Company of Austin, Texas,
6. S 31°55'23" E, 75.55 feet to a 5/8 inch iron rod set, and
7. S 13°47'39" E, 332.44 feet to a 5/8 inch iron rod set on
the east line of the herein described tract, being on the west line
of said 5.53 acre tract being the west line of Exposition Boulevard;
THENCE along the west line of said 5.53 acre tract, being the west
line of Exposition Boulevard and the east line of the herein
described tract the following two (2) courses:
1. S 29°50'13" W, 736.22 feet to a 5/8 inch iron rod set, and
2. S 29°56'14" W, 1,454.80 feet to the POINT OF BEGINNING
containing 141.38 acres of land more or less.
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, 2017.
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