1-1 By: Raymond (Senate Sponsor - Madla) H.B. No. 866
1-2 (In the Senate - Received from the House May 12, 1993;
1-3 May 13, 1993, read first time and referred to Committee on State
1-4 Affairs; May 19, 1993, rereferred to Committee on Natural
1-5 Resources; May 21, 1993, reported favorably by the following vote:
1-6 Yeas 8, Nays 0; May 21, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the conveyance of certain state-owned real property in
1-23 Wilson County.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. CONVEYANCES REQUIRED. (a) The Parks and
1-26 Wildlife Department shall convey, on behalf of the state, all of
1-27 the interest of the state in the real property described by Section
1-28 2 of this Act to the federal government for administration by the
1-29 National Park Service as a national park.
1-30 (b) The conveyances required by this section are contingent
1-31 on the written agreement of the federal government to grant the
1-32 Parks and Wildlife Department, on behalf of the state, a right of
1-33 first refusal to the real property described by Section 2 of this
1-34 Act should the federal government decide to convey the property.
1-35 (c) The conveyances required by this section must be
1-36 completed by special warranty deed. Any expenses incurred by a
1-37 party to the conveyances shall be borne by that party.
1-38 (d) The conveyances required by this section must be
1-39 completed not later than the 60th day after the date on which the
1-40 Parks and Wildlife Department receives from the secretary of the
1-41 interior a written request for conveyance of both tracts of land
1-42 described by Section 2 of this Act.
1-43 (e) Section 31.158, Natural Resources Code, does not apply
1-44 to the conveyances required by this Act.
1-45 (f) The conveyance of this real property interest from the
1-46 state to the federal government shall provide for the prohibition
1-47 of development of all minerals under the land from the surface
1-48 estate of the real property as described in Section 2 of this Act
1-49 and conveyed by this Act.
1-50 SECTION 2. PROPERTY DESCRIPTION. The real property required
1-51 to be conveyed by Section 1 of this Act is:
1-52 (1) A 55.180 acre tract described as all of that
1-53 certain tract or parcel of land out of the Maria Calvillo Two
1-54 League Survey No. 22, Wilson County, Texas, and being 55.180 acres
1-55 of land out of that certain 200 acre tract of land conveyed by
1-56 Viola George Shives, et vir, to Winston L. Southern, et ux, by deed
1-57 dated September 22, 1970, and recorded in Volume 432 on pages 17-19
1-58 of the Deed Records of Wilson County, Texas, and described more
1-59 particularly by metes and bounds as follows:
1-60 FROM the South corner of the Maria Calvillo Two League Survey No.
1-61 22;
1-62 THENCE N. 37 43' W. 7,920.5 feet to an iron pin and corner post in
1-63 the East line of a County Road, set for the South corner of that
1-64 certain 171 acre tract of land conveyed by Ed. J. Kneupper, et ux,
1-65 to Henry W. Krueger, Jr., et ux, by deed dated January 20, 1975 and
1-66 recorded in Volume 472 on page 772 of the Deed Records of Wilson
1-67 County, Texas, for the West corner of the above described Winston
1-68 L. Southern, et ux, 200 acre tract, for the West corner and POINT
2-1 OF BEGINNING of the herein described 55.180 acre tract;
2-2 THENCE with the fence, the Southeast line of the said Henry W.
2-3 Krueger, Jr., et ux, 171 acre tract, the Northwest line of the
2-4 above said Winston L. Southern, et ux, 200 acre tract, N. 48 31'
2-5 E. 3,711.06 feet and N. 48 46' E. 1,055.30 feet to an iron pin
2-6 and corner post in the Southwest line of that certain 265 acre
2-7 tract of land conveyed by Troy E. Talley, et ux, to Egon A.
2-8 Schneider by deed dated February 3, 1962 and recorded in Volume 353
2-9 on page 438 of the Deed Records of Wilson County, Texas, set for
2-10 the East corner of the above said Henry W. Krueger, Jr., et ux, 171
2-11 acre tract, for the North corner of the said Winston L. Southern,
2-12 et ux, 200 acre tract, for the West corner of a 43.972 acre tract
2-13 of land to be conveyed by Egon A. Schneider to the State of Texas,
2-14 for the North corner of this tract;
2-15 THENCE with the common line between the said Egon A. Schneider, 265
2-16 acre tract and the Winston L. Southern, et ux, 200 acre tract, the
2-17 common line between the said 43.972 acre tract and this 55.180 acre
2-18 tract, S. 21 21' E. 1,434.50 feet to an iron pin and angle post,
2-19 and S. 67 20' E. 179.90 feet to an iron pin in the West bank of
2-20 Picosa Creek, the North bank of the San Antonio River, set for the
2-21 Northernmost East corner of the said Winston L. Southern, et ux,
2-22 200 acre tract, the South corner of the said Egon A. Schneider 265
2-23 acre tract, the South corner of the said 43.972 acre tract, the
2-24 Northernmost East corner of this tract;
2-25 THENCE with the West bank and water's edge of the San Antonio
2-26 River, S. 24 18' W. 205.30 feet, and S. 05 53' 30" E. 278.03 feet
2-27 to a point, the North corner of that certain 120 acre tract of land
2-28 conveyed by S. W. Seale, et ux, to Elizabeth Anne Seale Woolsey, et
2-29 vir, by deed dated October 30, 1974 and recorded in Volume 470 on
2-30 pages 541-543 of the Deed Records of Wilson County, Texas, for the
2-31 Southernmost East corner of the said Winston L. Southern, et ux,
2-32 200 acre tract, for the Southernmost East corner of this tract;
2-33 THENCE with the common line between the said Elizabeth Anne Seale
2-34 Woolsey, et vir, 120 acre tract and the said Winston L. Southern,
2-35 et ux, 200 acre tract, S. 46 46' W. 88.64 feet to an iron pin set
2-36 on the Northwest side of an 18" Elm;
2-37 THENCE with the fence, the common line between the said Elizabeth
2-38 Anne Seale Woolsey, et vir, 120 acre tract and the said Winston L.
2-39 Southern, et ux, 200 acre tract, S. 46 46' W. 346.0 feet, and S.
2-40 48 23' W. 632.11 feet to a point, the Northernmost South corner of
2-41 this 55.180 acre tract;
2-42 THENCE severing the land of the subject owner, N. 18 37' W., at
2-43 471.17 feet to an iron pin and corner post, and with the fence, a
2-44 total distance of 1,886.45 feet to a point, a re-entrant corner of
2-45 this tract, said point being 100 feet from the Northwest line of
2-46 the said Winston L. Southern, et ux, 200 acre tract;
2-47 THENCE parallel with and at a distance of 100.0 feet from the
2-48 Northwest line of the said Winston L. Southern, et ux, 200 acre
2-49 tract, S. 48 31' W. 3,712.15 feet to a point, in the East line of
2-50 the afore said County Road, the West line of the said Winston L.
2-51 Southern, et ux, 200 acre tract, the Southernmost South corner of
2-52 this tract;
2-53 THENCE with the East line of the said County Road, the West line of
2-54 the said Winston L. Southern, et ux, 200 acre tract, N. 17 53' W.
2-55 109.13 feet to the place of beginning; and
2-56 (2) A 43.972 acre tract described as all of that
2-57 certain tract or parcel of land out of the Maria Calvillo Two
2-58 League Survey No. 22, Wilson County, Texas, and being 43.972 acres
2-59 of land out of that certain 265 acre tract of land conveyed by Troy
2-60 E. Talley, et ux, to Egon A. Schneider by deed dated February 3,
2-61 1962, and recorded in Volume 353 on page 438 of the Deed Records of
2-62 Wilson County, Texas, and described more particularly by metes and
2-63 bounds as follows:
2-64 BEGINNING at a concrete monument in the West bank of Picosa Creek,
2-65 the North bank of the San Antonio River, set for the Northernmost
2-66 East corner of that certain 200 acre tract of land conveyed by
2-67 Viola George Shives, et vir, to Winston L. Southern, et ux, by deed
2-68 dated September 22, 1970 and recorded in Volume 432 on pages 17-19
2-69 of the Deed Records of Wilson County, Texas, for the Northernmost
2-70 East corner of a 55.180 acre tract of land to be conveyed by
3-1 Winston L. Southern, et ux, to the State of Texas, for the South
3-2 corner of the herein described 43.972 acre tract;
3-3 THENCE with the fence, the common line between the said Winston L.
3-4 Southern, et ux, 200 acre tract and the said Egon A. Schneider 265
3-5 acre tract, the common line between the said 55.180 acre tract and
3-6 this tract, N. 67 20' W., at 169.90 feet a brass disc in concrete
3-7 marked RC5, in all a total distance of 179.90 feet to an iron pin
3-8 and corner post, and N. 2121'W.1,434.50 feet to an iron pin and
3-9 corner post set for the East corner of the Henry W. Krueger, Jr.
3-10 et ux, 171 acre tract of land, for the North corner of the said
3-11 Winston L. Southern, et ux, 200 acre tract, for the West corner of
3-12 this tract;
3-13 THENCE severing the land of the subject owner, S. 87 51' E., at
3-14 10.0 feet a bras disc in concrete marked RC1, at 1,043.09 feet a
3-15 concrete monument, in all a total distance of 1,630.49 feet to a
3-16 concrete monument in the South bank and water's edge of the San
3-17 Antonio River, the North line of the Egon A. Schneider 265 acre
3-18 tract, set for the North corner of this tract;
3-19 THENCE with the Westerly bank and water's edge of the San Antonio
3-20 River, the Easterly line of the said Egon A. Schneider 265 acre
3-21 tract, downstream as follows: S. 71 02' E. 203.0 feet, S. 81 17'
3-22 30" E. 136.73 feet, S. 53 39' 30" E. 142.64 feet, S. 38 04' 30"
3-23 E. 92.27 feet, S. 17 04' 30" E. 103.70 feet, S. 06 31' 30" E.
3-24 70.39 feet, S. 17 20' W 70.60 feet, S. 37 15' W. 157.80 feet, S.
3-25 45 29' W. 54.71 feet, S. 64 48' W. 518.15 feet, S. 57 10' W.
3-26 94.59 feet, S. 56 13' W. 174.60 feet, S. 64 44' W. 256.37 feet,
3-27 S. 65 39' W. 90.42 feet, S. 59 01' W. 138.26 feet, S. 61 27' W.
3-28 144.32 feet, and S. 57 47' 30" W. 82.68 feet to the place of
3-29 beginning.
3-30 SECTION 3. The importance of this legislation and the
3-31 crowded condition of the calendars in both houses create an
3-32 emergency and an imperative public necessity that the
3-33 constitutional rule requiring bills to be read on three several
3-34 days in each house be suspended, and this rule is hereby suspended,
3-35 and that this Act take effect and be in force from and after its
3-36 passage, and it is so enacted.
3-37 * * * * *
3-38 Austin,
3-39 Texas
3-40 May 21, 1993
3-41 Hon. Bob Bullock
3-42 President of the Senate
3-43 Sir:
3-44 We, your Committee on Natural Resources to which was referred H.B.
3-45 No. 866, have had the same under consideration, and I am instructed
3-46 to report it back to the Senate with the recommendation that it do
3-47 pass and be printed.
3-48 Sims,
3-49 Chairman
3-50 * * * * *
3-51 WITNESSES
3-52 No witnesses appeared on H.B. No. 866.