87R23286 NC-F

By: Bailes H.B. No. 4664

A BILL TO BE ENTITLED

AN ACT

relating to authorizing the sale of certain real property by the State of Texas to the Trinity River Authority of Texas.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) Subject to Subsections (b), (c), (d), and (e) of this section and not later than December 31, 2021, the State of Texas shall offer to convey the real property described by Section 2 of this Act to the Trinity River Authority of Texas.

(b) The real property described by Section 2 of this Act may not be conveyed by the State of Texas to the Trinity River Authority of Texas for an amount less than the fair market value of the real property. The fair market value of the real property must be established by an independent appraisal obtained by the asset management division of the General Land Office.

(c) The proceeds from the sale of real property authorized by this Act shall be deposited to the credit of the permanent school fund.

(d) The conveyance of the real property described by Section 2 of this Act shall:

(1) be made subject to all valid covenants, conditions, reservations, restrictions, rights-of-way, easements, and leases, if any, that are recorded or apparent by visual inspection; and

(2) reserve to the State of Texas, for the use and benefit of the permanent school fund, all right, title, and interest in all oil, gas, and other minerals in and under the real property described by Section 2 of this Act.

(e) Sections 31.1571, 31.158, and 31.159, Natural Resources Code, do not apply to the sale of real property authorized by this Act.

SECTION 2. The real property held by the State of Texas being a portion of the bed of the Trinity River, adjacent to the William Pace League, A-60, Polk County, Texas and the Arthur Garner League, A-16, San Jacinto County, Texas, being 42.26 acres of real property, more or less, located in Polk and San Jacinto Counties, Texas, and more particularly described by metes and bounds as follows:

BEGINNING at Y = 139,874.90 varas X = 1,322,677.95 varas, at the intersection of the easterly gradient boundary of the Trinity River in Polk County with the centerline of a bridge on F.M. 3278, a calculated point (1) for corner;

THENCE, S 65°-58'-41" W, with the centerline of said bridge, crossing the Trinity River, at approximately 81 varas pass the thread of the river, being the west line of Polk and the east line of San Jacinto Counties, continuing into San Jacinto County, a total distance of 162.23 varas to an intersection with the westerly gradient boundary of the Trinity River, being the easterly line of a called 83.654 acre tract described in a deed to Camilla Investments, LLC recorded as file no. 11-2895, Official Public Records of San Jacinto County, Texas, a calculated point (2) for corner;

THENCE, upstream, along the gradient boundary line of the Trinity River and Camilla Investments, LLC tract as follows:

N 33°-29'-26" W - 61.56 varas to a calculated point (3);

N 26°-08'-31" W - 55.35 varas to a calculated point (4);

N 01°-09'-23" E - 30.73 varas to a calculated point (5);

N 67°-48'-31" W - 40.08 varas to a calculated point (6);

N 87°-15'-04" W - 33.90 varas to a calculated point (7);

N 63°-29'-18" W - 22.51 varas to a calculated point (8);

N 82°-54'-23" W - 76.81 varas to a calculated point (9);

S 89°-06'-28" W - 64.12 varas to a calculated point (10);

N 82°-15'-24" W - 55.92 varas to a calculated point (11);

N 73°-39'-03" W - 106.19 varas to a calculated point (12);

N 68°-28'-53" W - 53.77 varas to a calculated point (13);

N 53°-42'-21" W - 52.16 varas to a calculated point (14);

N 82°-20'-38" W - 21.62 varas to a calculated point (15);

N 60°-18'-18" W - 42.03 varas to a calculated point (16);

N 39°-06'-13" W - 34.66 varas to a calculated point (17);

S 59°-49'-36" W - 15.44 varas to a calculated point (18);

N 73°-02'-44" W - 33.45 varas to a calculated point (19);

THENCE S 30°-16'-39" W, departing the gradient boundary, perpendicular to its general course, at 14.40 varas, set a 5/8" iron rod with a 2" diameter aluminum cap stamped "L.E. Woods Texas L.S.L.S." for reference point (63), continuing S 30°-16'-39" W, a total distance of 75.07 varas to a 1/2" iron rod found, point (20), for a north corner of said Camilla Investments, LLC tract and the southeast corner of a called 127.72 acre parcel, described as Cause No. VIII-A, awarded to the Trinity River Authority (TRA), according to Final Decree of Condemnation No. 11,243 recorded in Volume 98, page 428, Deed Records of San Jacinto County, Texas;

THENCE, N 25°-43'-00" W, with the east line of said TRA 127.72 acre parcel, a distance of 15.08 varas to a calculated point (21);

THENCE, N 08°05'00" W, continuing with the east line of said TRA 127.72 acre parcel, a distance of 166.57 varas to a calculated point (22) for its northeast corner and the southeast corner of a called 86.25 acre parcel described, as Cause No. VIII-B, in said Final Decree of Condemnation No. 11,243 recorded in Volume 98, page 428, Deed Records of San Jacinto County, Texas;

THENCE, N 05°-45'-00" W, with the east line of said TRA 86.25 acre parcel, a distance of 153.76 varas to a calculated point (23);

THENCE, N 16°-37'-00" E, continuing with the east line of said TRA 86.25 acre parcel, a distance of 41.42 varas to its intersection with the present gradient boundary line of the Trinity River, a calculated point (24);

THENCE, S 83°25'44" E, along the present gradient boundary line of the Trinity River, a distance of 65. 78 varas to a calculated point (25);

THENCE, S 50°-24'-23" E, continuing along the present gradient boundary line of the Trinity River, crossing back into Polk County, a distance of 39.77 varas to a calculated point (26), being on the southwest side of a peninsula lying between the original course of the Trinity River and the channel excavated to discharge water from the floodgates of the Lake Livingston Dam;

THENCE, downstream, along the present gradient boundary line of the Trinity River on the southwest side of said peninsula as follows:

S 36°-15'-40" E - 19.25 varas to a calculated point (27);

S 28°-43'-00" E - 25.83 varas to a calculated point (28);

S 13°-46'-02" E - 22.16 varas to a calculated point (29);

S 10°-53'-17" E - 32.80 varas to a calculated point (30);

S 31°-55'-40" E - 66.69 varas to a calculated point (31);

S 49°-45'-22" E - 42.38 varas to a calculated point (32);

S 46°-00'-15" E - 54.19 varas to a calculated point (33);

S 38°-27'-24" E - 65.29 varas to a calculated point (34);

S 61°-00'-15" E - 70.47 varas to a calculated point (35);

S 49°-06'-20" E - 45.10 varas to a calculated point (36);

S 73°-16'-32" E - 32.20 varas to a calculated point (37);

S 84°-51'-49" E - 79.31 varas to a calculated point (38);

N 88°-24'-09" E - 55.87 varas to a calculated point (39);

S 83°-52'-00" E - 38.29 varas to a calculated point (40);

N 82°-28'-32" E - 20.61 varas to a calculated point (41), being the most southeasterly point of said peninsula;

THENCE, upstream, along the present gradient boundary line of the Trinity River on the northeast side of said peninsula, as follows:

N 07°-12'-33" E - 11.90 varas to a calculated point (42);

N 37°-19'-50" W - 70.06 varas to a calculated point (43);

N 50°-55'-59" W - 58.16 varas to a calculated point (44);

N 36°-58'-55" W - 129.71 varas to its intersection with the south line of a called 70.62 acre parcel, described as Cause No. II, awarded to the Trinity River Authority, according to Final Decree of Condemnation No. 11,243 recorded in Volume 211, page 349, Deed Records of Polk County, Texas, a calculated point (45);

THENCE, N 66°-01'-56" E, with a south line of said TRA 70.62 acre parcel, a distance of 361.41 varas to a calculated point (46) for an angle corner of same and the northwest corner of a called 6.29 acre parcel described, as Cause No. I, in said Final Decree of Condemnation No. 11,243 recorded in Volume 211, page 349, Deed Records of Polk County, Texas, said point being within the channel excavated to discharge water from the floodgates of the Lake Livingston Dam;

THENCE, S 42°-22'-55" E, with the west line of said TRA 6.29 acre parcel, a distance of 102.75 varas to its intersection with the present gradient boundary line, a calculated point (47) for corner;

THENCE, downstream, along the gradient boundary of the Trinity River as follows:

S 18°-36'-11" E - 39.94 varas to a calculated point (48);

S 15°-30'-04" E - 34.31 varas to a calculated point (49);

S 10°-01'-55" E - 49.91 varas to a calculated point (50);

S 05°-56'-08" W, at 12.39 varas, a calculated point (64), being a westerly extension of the south line of said TRA 6.29 acre parcel and the northwest corner of the remainder area of Swartout Townsite as shown on a Plat recorded in Volume E, page 538, Deed Records of Polk County, Texas, said area purportedly owned by Wayne R. Baker, and from which a 5/8" iron rod with a 2" diameter aluminum cap stamped "L.E. Woods Texas L.S.L.S." set for reference point (65), bears N 69°-30'-41" E - 68.40 varas, and a 3" diameter concrete monument with a 3\8" iron rod in its center found for the southeast comer of said TRA 6.29 acre tract, being reference point (66), bears N 69°-30'-41" E - 180.16 varas, continuing S 05°56'08" W, a total distance of 30.54 varas to a calculated point (51);

S 16°-42'-41" E - 24.49 varas to a calculated point (52);

S 07°-53'-07" E - 27.49 varas to a calculated point (53);

S 00°-40'-46" W - 28.81 varas to a calculated point (54);

S 05°-09'-48" E - 25.07 varas to a calculated point (55);

S 15°-01'-10" W - 58.27 varas to a calculated point (56);

S 19°-53'-02" E - 13.89 varas to a calculated point (57);

S 74°-30'-35" E - 13.99 varas to a calculated point (58);

S 15°-03'-54" E - 7.19 varas to a calculated point (59);

S 29°-49'-56" W - 18.79 varas to a calculated point (60);

S 36°-59'-27" E - 15.39 varas to a calculated point (61);

S 08°-42'-07" E - 27.15 varas to a calculated point (62);

And S 00°-21'-58" E - 58.92 varas to the Point of Beginning.

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, 2021.