1-1 By: Madla S.B. No. 331
1-2 (In the Senate - Filed February 11, 1993; February 15, 1993,
1-3 read first time and referred to Committee on Natural Resources;
1-4 May 12, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; May 12, 1993,
1-6 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 COMMITTEE SUBSTITUTE FOR S.B. No. 331 By: Lucio
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the conveyance of certain state-owned real property in
1-24 Wilson County.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. CONVEYANCES REQUIRED. (a) The Parks and
1-27 Wildlife Department shall convey, on behalf of the state, all of
1-28 the interest of the state in the real property, retaining,
1-29 reserving, and excepting for the state all minerals, in and under
1-30 the land, owned by the state, described by Section 2 of this Act to
1-31 the federal government for administration by the National Park
1-32 Service as a national park.
1-33 (b) The conveyances required by this section are contingent
1-34 on the written agreement of the federal government to grant the
1-35 Parks and Wildlife Department, on behalf of the state, a right of
1-36 first refusal to the real property described by Section 2 of this
1-37 Act should the federal government decide to convey the property.
1-38 (c) The conveyances required by this section must be
1-39 completed by special warranty deed. Any expenses incurred by a
1-40 party to the conveyances shall be borne by that party.
1-41 (d) The conveyances required by this section must be
1-42 completed not later than the 60th day after the date on which the
1-43 Parks and Wildlife Department receives from the secretary of the
1-44 interior a written request for conveyance of both tracts of land
1-45 described by Section 2 of this Act.
1-46 (e) Section 31.158, Natural Resources Code, does not apply
1-47 to the conveyances required by this Act.
1-48 SECTION 2. PROPERTY DESCRIPTION. The real property required
1-49 to be conveyed by Section 1 of this Act is:
1-50 (1) A 55.180 acre tract described as all of that
1-51 certain tract or parcel of land out of the Maria Calvillo Two
1-52 League Survey No. 22, Wilson County, Texas, and being 55.180 acres
1-53 of land out of that certain 200 acre tract of land conveyed by
1-54 Viola George Shives, et vir, to Winston L. Southern, et ux, by deed
1-55 dated September 22, 1970, and recorded in Volume 432 on pages 17-19
1-56 of the Deed Records of Wilson County, Texas, and described more
1-57 particularly by metes and bounds as follows:
1-58 FROM the South corner of the Maria Calvillo Two League Survey No.
1-59 22;
1-60 THENCE N. 37 43' W. 7,920.5 feet to an iron pin and corner
1-61 post in the East line of a County Road, set for the South corner of
1-62 that certain 171 acre tract of land conveyed by Ed. J. Kneupper, et
1-63 ux, to Henry W. Krueger, Jr., et ux, by deed dated January 20, 1975
1-64 and recorded in Volume 472 on page 772 of the Deed Records of
1-65 Wilson County, Texas, for the West corner of the above described
1-66 Winston L. Southern, et ux, 200 acre tract, for the West corner and
1-67 POINT OF BEGINNING of the herein described 55.180 acre tract;
1-68 THENCE with the fence, the Southeast line of the said Henry
2-1 W. Krueger, Jr., et ux, 171 acre tract, the Northwest line of the
2-2 above said Winston L. Southern, et ux, 200 acre tract, N. 48 31'
2-3 E. 3,711.06 feet and N. 48 46' E. 1,055.30 feet to an iron pin and
2-4 corner post in the Southwest line of that certain 265 acre tract of
2-5 land conveyed by Troy E. Talley, et ux, to Egon A. Schneider by
2-6 deed dated February 3, 1962 and recorded in Volume 353 on page 438
2-7 of the Deed Records of Wilson County, Texas, set for the East
2-8 corner of the above said Henry W. Krueger, Jr., et ux, 171 acre
2-9 tract, for the North corner of the said Winston L. Southern, et ux,
2-10 200 acre tract, for the West corner of a 43.972 acre tract of land
2-11 to be conveyed by Egon A. Schneider to the State of Texas, for the
2-12 North corner of this tract;
2-13 THENCE with the common line between the said Egon A.
2-14 Schneider, 265 acre tract and the Winston L. Southern, et ux, 200
2-15 acre tract, the common line between the said 43.972 acre tract and
2-16 this 55.180 acre tract, S. 21 21' E. 1,434.50 feet to an iron pin
2-17 and angle post, and S. 67 20' E. 179.90 feet to an iron pin in the
2-18 West bank of Picosa Creek, the North bank of the San Antonio River,
2-19 set for the Northernmost East corner of the said Winston L.
2-20 Southern, et ux, 200 acre tract, the South corner of the said Egon
2-21 A. Schneider 265 acre tract, the South corner of the said 43.972
2-22 acre tract, the Northernmost East corner of this tract;
2-23 THENCE with the West bank and water's edge of the San Antonio
2-24 River, S. 24 18' W. 205.30 feet, and S. 05 53' 30" E. 278.03 feet
2-25 to a point, the North corner of that certain 120 acre tract of land
2-26 conveyed by S. W. Seale, et ux, to Elizabeth Anne Seale Woolsey, et
2-27 vir, by deed dated October 30, 1974 and recorded in Volume 470 on
2-28 pages 541-543 of the Deed Records of Wilson County, Texas, for the
2-29 Southernmost East corner of the said Winston L. Southern, et ux,
2-30 200 acre tract, for the Southernmost East corner of this tract;
2-31 THENCE with the common line between the said Elizabeth Anne
2-32 Seale Woolsey, et vir, 120 acre tract and the said Winston L.
2-33 Southern, et ux, 200 acre tract, S. 46 46' W. 88.64 feet to an
2-34 iron pin set on the Northwest side of an 18" Elm;
2-35 THENCE with the fence, the common line between the said
2-36 Elizabeth Anne Seale Woolsey, et vir, 120 acre tract and the said
2-37 Winston L. Southern, et ux, 200 acre tract, S. 46 46' W. 346.0
2-38 feet, and S. 48 23' W. 632.11 feet to a point, the Northernmost
2-39 South corner of this 55.180 acre tract;
2-40 THENCE severing the land of the subject owner, N. 18 37' W.,
2-41 at 471.17 feet to an iron pin and corner post, and with the fence,
2-42 a total distance of 1,886.45 feet to a point, a re-entrant corner
2-43 of this tract, said point being 100 feet from the Northwest line of
2-44 the said Winston L. Southern, et ux, 200 acre tract;
2-45 THENCE parallel with and at a distance of 100.0 feet from the
2-46 Northwest line of the said Winston L. Southern, et ux, 200 acre
2-47 tract, S. 48 31' W. 3,712.15 feet to a point, in the East line of
2-48 the afore said County Road, the West line of the said Winston L.
2-49 Southern, et ux, 200 acre tract, the Southernmost South corner of
2-50 this tract;
2-51 THENCE with the East line of the said County Road, the West
2-52 line of the said Winston L. Southern, et ux, 200 acre tract, N. 17
2-53 53' W. 109.13 feet to the place of beginning; and
2-54 (2) A 43.972 acre tract described as all of that
2-55 certain tract or parcel of land out of the Maria Calvillo Two
2-56 League Survey No. 22, Wilson County, Texas, and being 43.972 acres
2-57 of land out of that certain 265 acre tract of land conveyed by Troy
2-58 E. Talley, et ux, to Egon A. Schneider by deed dated February 3,
2-59 1962, and recorded in Volume 353 on page 438 of the Deed Records of
2-60 Wilson County, Texas, and described more particularly by metes and
2-61 bounds as follows:
2-62 BEGINNING at a concrete monument in the West bank of Picosa
2-63 Creek, the North bank of the San Antonio River, set for the
2-64 Northernmost East corner of that certain 200 acre tract of land
2-65 conveyed by Viola George Shives, et vir, to Winston L. Southern, et
2-66 ux, by deed dated September 22, 1970 and recorded in Volume 432 on
2-67 pages 17-19 of the Deed Records of Wilson County, Texas, for the
2-68 Northernmost East corner of a 55.180 acre tract of land to be
2-69 conveyed by Winston L. Southern, et ux, to the State of Texas, for
2-70 the South corner of the herein described 43.972 acre tract;
3-1 THENCE with the fence, the common line between the said
3-2 Winston L. Southern, et ux, 200 acre tract and the said Egon A.
3-3 Schneider 265 acre tract, the common line between the said 55.180
3-4 acre tract and this tract, N. 67 20' W., at 169.90 feet a brass
3-5 disc in concrete marked RC5, in all a total distance of 179.90 feet
3-6 to an iron pin and corner post, and N. 2121'W.1,434.50 feet to an
3-7 iron pin and corner post set for the East corner of the Henry W.
3-8 Krueger, Jr. et ux, 171 acre tract of land, for the North corner of
3-9 the said Winston L. Southern, et ux, 200 acre tract, for the West
3-10 corner of this tract;
3-11 THENCE severing the land of the subject owner, S. 87 51' E.,
3-12 at 10.0 feet a bras disc in concrete marked RC1, at 1,043.09 feet a
3-13 concrete monument, in all a total distance of 1,630.49 feet to a
3-14 concrete monument in the South bank and water's edge of the San
3-15 Antonio River, the North line of the Egon A. Schneider 265 acre
3-16 tract, set for the North corner of this tract;
3-17 THENCE with the Westerly bank and water's edge of the San
3-18 Antonio River, the Easterly line of the said Egon A. Schneider 265
3-19 acre tract, downstream as follows: S. 71 02' E. 203.0 feet, S.
3-20 81 17' 30" E. 136.73 feet, S. 53 39' 30" E. 142.64 feet, S. 38
3-21 04' 30" E. 92.27 feet, S. 17 04' 30" E. 103.70 feet, S. 06 31'
3-22 30" E. 70.39 feet, S. 17 20' W 70.60 feet, S. 37 15' W. 157.80
3-23 feet, S. 45 29' W. 54.71 feet, S. 64 48' W. 518.15 feet, S. 57
3-24 10' W. 94.59 feet, S. 56 13' W. 174.60 feet, S. 64 44' W. 256.37
3-25 feet, S. 65 39' W. 90.42 feet, S. 59 01' W. 138.26 feet, S. 61
3-26 27' W. 144.32 feet, and S. 57 47' 30" W. 82.68 feet to the place
3-27 of beginning.
3-28 SECTION 3. The importance of this legislation and the
3-29 crowded condition of the calendars in both houses create an
3-30 emergency and an imperative public necessity that the
3-31 constitutional rule requiring bills to be read on three several
3-32 days in each house be suspended, and this rule is hereby suspended,
3-33 and that this Act take effect and be in force from and after its
3-34 passage, and it is so enacted.
3-35 * * * * *
3-36 Austin,
3-37 Texas
3-38 May 12, 1993
3-39 Hon. Bob Bullock
3-40 President of the Senate
3-41 Sir:
3-42 We, your Committee on Natural Resources to which was referred S.B.
3-43 No. 331, have had the same under consideration, and I am instructed
3-44 to report it back to the Senate with the recommendation that it do
3-45 not pass, but that the Committee Substitute adopted in lieu thereof
3-46 do pass and be printed.
3-47 Sims,
3-48 Chairman
3-49 * * * * *
3-50 WITNESSES
3-51 FOR AGAINST ON
3-52 ___________________________________________________________________
3-53 Name: Ron Holliday x
3-54 Representing: Tx Parks & Wildlife
3-55 City: Austin
3-56 -------------------------------------------------------------------
3-57 Name: Robert Amdor x
3-58 Representing: National Park Service
3-59 City: San Antonio
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