1 | 1 | | 89R8125 RAL-D |
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2 | 2 | | By: Perry S.B. No. 2719 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the lease of certain state property from the Department |
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10 | 10 | | of State Health Services to Travis County. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. (a) As soon as practicable after the effective |
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13 | 13 | | date of this Act, the Department of State Health Services shall |
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14 | 14 | | lease to Travis County the real property described by Section 2 of |
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15 | 15 | | this Act. |
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16 | 16 | | (b) The consideration for the lease authorized by this |
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17 | 17 | | section is the requirement that Travis County use the leased |
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18 | 18 | | property only in a manner that primarily promotes a public purpose |
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19 | 19 | | of this state. If Travis County fails to use the property in a |
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20 | 20 | | manner described by this subsection for more than 180 continuous |
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21 | 21 | | days, the lease terminates and possession of the property |
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22 | 22 | | automatically reverts to the Department of State Health Services. |
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23 | 23 | | (c) The Department of State Health Services shall lease the |
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24 | 24 | | property by an appropriate instrument of transfer. The instrument |
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25 | 25 | | of transfer must: |
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26 | 26 | | (1) provide that: |
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27 | 27 | | (A) Travis County may use the property only in a |
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28 | 28 | | manner that primarily promotes a public purpose of this state; |
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29 | 29 | | (B) the lease will terminate and possession of |
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30 | 30 | | the property will automatically revert to the Department of State |
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31 | 31 | | Health Services if Travis County fails to use the property in a |
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32 | 32 | | manner described by Paragraph (A) of this subdivision for more than |
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33 | 33 | | 180 continuous days; |
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34 | 34 | | (C) the lease shall be for a term of 99 years; and |
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35 | 35 | | (D) Travis County may: |
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36 | 36 | | (i) operate and maintain public amenities |
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37 | 37 | | on the property; and |
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38 | 38 | | (ii) construct and demolish improvements, |
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39 | 39 | | utilities, infrastructure, and amenities on the property; and |
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40 | 40 | | (2) describe the leased property by metes and bounds. |
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41 | 41 | | (d) The Department of State Health Services shall retain |
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42 | 42 | | custody of the instrument of transfer after the instrument of |
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43 | 43 | | transfer is filed in the real property records of Travis County. |
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44 | 44 | | (e) Sections 533.084 and 533.087, Health and Safety Code, |
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45 | 45 | | and Section 31.158, Natural Resources Code, do not apply to the |
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46 | 46 | | lease of real property authorized by this Act. |
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47 | 47 | | SECTION 2. The real property referred to in Section 1 of |
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48 | 48 | | this Act is described as follows: |
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49 | 49 | | A PORTION OF THE AUSTIN STATE HOSPITAL TRACT |
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50 | 50 | | DESCRIPTION OF 16.08 ACRES (700,675 SQUARE FEET), MORE OR LESS, OF |
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51 | 51 | | LAND AREA IN THE JAMES ROGERS SURVEY, ABSTRACT NO. 660, IN THE CITY |
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52 | 52 | | OF AUSTIN, TRAVIS COUNTY, TEXAS, BEING A PORTION OF OUTLOT 79 AND |
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53 | 53 | | OUTLOT 80, DIVISION D AND THE 80 FOOT WIDE ROAD TRAVERSING DIVISION |
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54 | 54 | | D AND LYING NORTH OF OUTLOT 79 AND SOUTH OF OUTLOT 80, AS SHOWN ON |
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55 | 55 | | THE MAP OF THE GOVERNMENT TRACT ADJOINING THE CITY OF AUSTIN, ON |
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56 | 56 | | FILE IN THE GENERAL LAND OFFICE OF THE STATE OF TEXAS, AND BEING A |
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57 | 57 | | PORTION OF THOSE TRACTS OF LAND CONVEYED IN A DEED DATED APRIL 4, |
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58 | 58 | | 1857, FROM WILLIAM FIELDS TO THE STATE OF TEXAS, AS RECORDED IN |
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59 | 59 | | VOLUME L-1, PAGE 366, DEED RECORDS OF TRAVIS COUNTY, TEXAS, AND IN A |
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60 | 60 | | DEED DATED FEBRUARY 18, 1858, FROM WILLIAMS FIELDS TO THE STATE OF |
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61 | 61 | | TEXAS, AS RECORDED IN VOLUME M, PAGE 129, DEED RECORDS OF TRAVIS |
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62 | 62 | | COUNTY, TEXAS, AND BEING MORE PARTICIULARLY DESCRIBED BY METES AND |
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63 | 63 | | BOUNDS AS FOLLOWS: |
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64 | 64 | | BEGINNING at a 1" iron pipe found [N=10,085,257.1900, |
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65 | 65 | | E=3,115,232.4450] at the westerly northeast corner of that 38.535 |
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66 | 66 | | acre portion of the aforereferenced State of Texas Tracts described |
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67 | 67 | | in that "Master Lease" per the Memorandum of Lease Agreement |
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68 | 68 | | between the Texas Department of Mental Health and Mental |
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69 | 69 | | Retardation, and West 38th Street, LTD. dated January 9, 1992 as |
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70 | 70 | | recorded in Volume 11602, Page 858, Real Property Records of Travis |
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71 | 71 | | County, Texas, same being the northeast corner of that 12.799 acre |
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72 | 72 | | portion of the 38.535 acre Master Lease Tract described in that |
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73 | 73 | | Exhibit 1 Memorandum of Sublease to HEBCO Development, Inc. dated |
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74 | 74 | | April 26, 1991, as recorded in Volume 11602, Page 863, Real Property |
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75 | 75 | | Records of Travis County, Texas, and being the northwest corner of |
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76 | 76 | | the herein described tract of land; |
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77 | 77 | | THENCE leaving the 38.535 acre Master Lease Tract and the HEBCO |
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78 | 78 | | Development Lease Tract, and crossing the remainder of the |
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79 | 79 | | aforereferenced State of Texas Tracts, the following three (3) |
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80 | 80 | | courses: |
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81 | 81 | | 1. S 61°57'00"E 738.55 feet to a mag nail set with washer |
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82 | 82 | | marked "TC-TNR", for the northeast corner of the herein described |
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83 | 83 | | tract of land; |
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84 | 84 | | 2. S 12°37'20"E 358.59 feet to a mag nail set with washer |
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85 | 85 | | marked "TC-TNR", for the northeast corner of the herein described |
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86 | 86 | | tract of land; and |
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87 | 87 | | 3. S 13°16'57"E 334.77 feet to a 5/8" iron rod set with an |
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88 | 88 | | aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", in the east |
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89 | 89 | | line of the State of Texas Tracts, same being the west line of |
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90 | 90 | | Guadalupe Street; |
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91 | 91 | | THENCE with the common line of the State of Texas Tracts and said |
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92 | 92 | | Guadalupe Street, S 27°35'04"W 334.12 feet to a 5/8" iron rod set |
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93 | 93 | | with an aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for the |
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94 | 94 | | southeast corner of the herein described tract of land, from which a |
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95 | 95 | | calculated point for the easterly northeast corner of 38.535 acre |
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96 | 96 | | Master Lease Tract bears S 27°35'04"W 41.11 feet, and from which, a |
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97 | 97 | | 1/2" iron rod found for reference, bears S 48°09'10"W 39.99 feet; |
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98 | 98 | | THENCE leaving Guadalupe Street and crossing the remainder of the |
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99 | 99 | | State of Texas Tracts, the following eleven (11) courses: |
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100 | 100 | | 1. N 61°54'32"W 61.96 feet to a 5/8" iron rod set with an |
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101 | 101 | | aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle |
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102 | 102 | | point; |
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103 | 103 | | 2. S 81°56'45"W 37.68 feet to a 5/8" iron rod set with an |
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104 | 104 | | aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle |
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105 | 105 | | point; |
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106 | 106 | | 3. N 62°46'13"W 220.17 feet to a 5/8" iron rod set with an |
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107 | 107 | | aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", to a point at |
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108 | 108 | | the beginning of a right breaking curve; |
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109 | 109 | | 4. with said right breaking curve having a radius length of |
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110 | 110 | | 94.00 feet, an arc length of 69.19 feet, and a chord which bears N |
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111 | 111 | | 75°5'35" W 67.64 feet to a 5/8" iron rod set with an aluminum cap |
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112 | 112 | | marked "TRAVIS COUNTY TNR SURVEY DEPT" at the beginning of a right |
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113 | 113 | | breaking curve, said iron rod set, being located 3.25 feet north of |
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114 | 114 | | an north line of the 38.535 acre Master Lease Tract; |
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115 | 115 | | 5. with said right breaking curve having a radius length of |
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116 | 116 | | 197.50 feet, an arc length of 136.27 feet, and a chord which bears N |
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117 | 117 | | 34°51'09" W 133.58 feet to a 5/8" iron rod set with an aluminum cap |
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118 | 118 | | marked "TRAVIS COUNTY TNR SURVEY DEPT" for an angle point; |
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119 | 119 | | 6. N 01°00'15" E 43.94 feet to a 5/8" iron rod set with an |
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120 | 120 | | aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT" at the |
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121 | 121 | | beginning of a right breaking curve; |
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122 | 122 | | 7. with said right breaking curve having a radius length of |
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123 | 123 | | 41.00 feet, an arc length of 49.50 feet, and a chord which bears N |
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124 | 124 | | 34°29'28" W 46.55 feet to a 5/8" iron rod set with an aluminum cap |
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125 | 125 | | marked "TRAVIS COUNTY TNR SURVEY DEPT"; |
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126 | 126 | | 8. N 18°10'54"E 33.78 feet to a 5/8" iron rod set with an |
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127 | 127 | | aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle |
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128 | 128 | | point, said iron rod set, being located 0.75 of a foot east of an |
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129 | 129 | | east line of the 38.535 acre Master Lease Tract; |
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130 | 130 | | 9. N 74°07'59"E 51.32 feet to a 5/8" iron rod set with an |
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131 | 131 | | aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle |
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132 | 132 | | point; |
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133 | 133 | | 10. N 24°26'32"E 71.15 feet to a 5/8" iron rod set with an |
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134 | 134 | | aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", at the |
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135 | 135 | | beginning of a left breaking curve; and |
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136 | 136 | | 11. with said left breaking curve having a radius length of |
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137 | 137 | | 180.00 feet, an arc length of 93.40 feet, and a chord which bears N |
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138 | 138 | | 05°48'02"E 92.36 feet to a 1" iron pipe found for an exterior corner |
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139 | 139 | | of the 38.535 acre Master Lease Tract; |
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140 | 140 | | THENCE leaving the 38.535 acre Master Lease Tract and crossing the |
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141 | 141 | | remainder of the State of Texas Tracts, the following four (4) |
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142 | 142 | | courses: |
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143 | 143 | | 1. N 59°32'54"W 350.73 feet to a 5/8" iron rod set with an |
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144 | 144 | | aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle |
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145 | 145 | | point; |
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146 | 146 | | 2. N 43°03'29"W 104.81 feet to a 5/8" iron rod set with an |
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147 | 147 | | aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle |
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148 | 148 | | point; and |
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149 | 149 | | 3. N 57°27'47"W 30.60 feet to a 5/8" iron rod set with an |
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150 | 150 | | aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", in an easterly |
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151 | 151 | | line of the 38.535 acre Master Lease Tract, same being the east line |
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152 | 152 | | of the HEBCO Development Lease Tract, for the southwest corner of |
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153 | 153 | | the herein described tract of land, from which, a calculated point |
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154 | 154 | | for an interior corner of the 38.535 acre Master Lease Tract, bears |
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155 | 155 | | S 27°34'11"W 62.26 feet, and a calculated point for the southeast |
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156 | 156 | | corner of the HEBCO Development Lease Tract, bears S 27°34'11"W 1.39 |
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157 | 157 | | feet; |
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158 | 158 | | THENCE with the common line of the 38.535 acre Master Lease Tract |
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159 | 159 | | and the HEBCO Development Lease Tract, N 27°34'11"E 567.56 feet to |
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160 | 160 | | the PLACE OF BEGINNING. There are contained within these metes and |
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161 | 161 | | bounds 16.08 acres (700,675 square feet), more or less, of land area |
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162 | 162 | | as surveyed on the ground by the Travis County Transportation and |
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163 | 163 | | Natural Resources Survey Department of Austin, Texas. |
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164 | 164 | | SECTION 3. This Act takes effect immediately if it receives |
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165 | 165 | | a vote of two-thirds of all the members elected to each house, as |
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166 | 166 | | provided by Section 39, Article III, Texas Constitution. If this |
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167 | 167 | | Act does not receive the vote necessary for immediate effect, this |
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168 | 168 | | Act takes effect September 1, 2025. |
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