By: Parker S.B. No. 1072
73R2142 LJD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the conveyance by the General Land Office of the
1-3 state's interest in certain real property previously conveyed by
1-4 the state to the city of Port Arthur.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. AUTHORIZATION FOR CONVEYANCE. (a) The state
1-7 grants and relinquishes all of its right, title, and interest in
1-8 and to the use of the property described by Section 2 of this Act.
1-9 The commissioner of the General Land Office may convey, on behalf
1-10 of the state, all of the interest of the state in the real property
1-11 described by Section 2 of this Act to the city of Port Arthur.
1-12 (b) The conveyance authorized by this section must be for a
1-13 cash consideration in an amount not less than the fair market value
1-14 of the property, as determined by the commissioner of the General
1-15 Land Office after an appraisal performed by an appraiser employed
1-16 by the General Land Office and taking into consideration
1-17 improvements already made by the city of Port Arthur, and under
1-18 other terms and conditions negotiated in a purchase and sale
1-19 agreement between the parties. The commissioner shall reserve for
1-20 the state the minerals in or on the property and their ownership
1-21 and the rights for their exploration. The conveyance must be
1-22 completed by transfer of a corrected patent.
1-23 (c) The city of Port Arthur may hold the property previously
1-24 conveyed to it by authority of the Legislature of the State of
2-1 Texas in its proprietary capacity. On payment of the consideration
2-2 required by Subsection (b) of this section and the issuance of the
2-3 corrected patent, the title of the city of Port Arthur to the
2-4 property described in the patent becomes absolute, subject to the
2-5 reservations made by Subsection (b) of this section. The property
2-6 shall no longer be subject to a public trust or any other
2-7 restriction on its use or disposition by the city except as
2-8 provided by Subsection (b) of this section, and the city may use,
2-9 develop, lease, sell, option, or convey all or any portion of the
2-10 property for public or private purposes.
2-11 (d) Section 31.158, Natural Resources Code, does not apply
2-12 to the conveyance authorized by this section.
2-13 SECTION 2. PROPERTY DESCRIPTION. The real property
2-14 authorized for conveyance by Section 1 of this Act consists of
2-15 three parcels situated in and under the waters of Lake Sabine
2-16 immediately adjoining the city of Port Arthur, and commonly known
2-17 as part of Pleasure Island and Pleasure Pier extended; being the
2-18 real property originally granted by the state to the city of Port
2-19 Arthur by Chapter 181, Special Laws, Acts of the 42nd Legislature,
2-20 Regular Session, 1931 (enacting H.B. 819), as amended by Chapter
2-21 170, Acts of the 61st Legislature, Regular Session, 1969 (enacting
2-22 S.B. 180); being the real property described by patent recorded in
2-23 Volume 64-A, #212 of the State Files and in Volume 427, Page 273,
2-24 Jefferson County Deed Records; and being more particularly
2-25 described by metes and bounds as follows:
2-26 Beginning at station 544+93.05 on the reference line of the
2-27 Sabine Neches Waterway, Texas; thence along and parallel to the
3-1 government reference line to-wit: N 27-31' E, a distance of
3-2 454.85 ft., to the point of curvature of a curve to the right with
3-3 a radius of 4449.3 ft., thence along that curve a distance of
3-4 871.72 ft., to the point of tangency, thence N 3845'E, a distance
3-5 of 4579.58 ft. to the point of curvature of a curve to the left
3-6 with a radius of 5838.48 ft., thence along that curve a distance of
3-7 109.8 ft. to the point of tangency, thence N 3741' E, a distance
3-8 of 4228.7 ft. to the point of curvature of a curve to the right
3-9 with a radius of 6142.47 ft., thence along that curve a distance of
3-10 727.8 ft, to the point of tangency, thence N 44-28' a distance of
3-11 4281.7 ft. to the point of curvature of a curve to the left with a
3-12 radius of 5782.91 ft., thence along that curve a distance of 795.6
3-13 ft. to the point of tangency, then N 36-35' E, E, a distance of
3-14 4281.7 ft. to the point of curvature of a curve to the right with a
3-15 radius of 5680.62 ft., thence along that curve a distance of 667.5
3-16 ft. to the point of tangency, thence N 43-19' E, a distance of
3-17 1069.6 ft., thence S 48--47' E along and parallel to the present
3-18 city limits a distance of 2591.23 ft., thence S 38--45' W, a
3-19 distance of 20,511.0 ft. to the southeasterly corner of present
3-20 Port Arthur Pleasure Pier bulkhead, thence N 49 13' W along the
3-21 easterly side of said pier a distance of 696.28 ft. to the point of
3-22 curvature of a curve to the left with a radius of 150 ft., thence
3-23 along that curve a distance of 214.6 ft. to the point of tangency
3-24 with a curve to the right with a radius of 150 ft., a distance of
3-25 214.7 ft. to the point of tangency, thence N 50--58' W, a distance
3-26 of 1792.33 ft. to point of beginning and containing 1339 acres more
3-27 or less.
4-1 Beginning at a point of the extreme southeast corner of what
4-2 is now known as Pleasure Pier Bulkhead, thence S 50--47' E
4-3 parallel with the center line produced of Austin Avenue in the City
4-4 of Port Arthur, Texas, along the north side of the H. L. McKee
4-5 tract of 1942.86 acres, a distance of 12,817.64 feet to corner of
4-6 this tract on the East boundary line of the State of Texas, being
4-7 also a point on the West boundary line of the State of Louisiana,
4-8 said corner being witnessed by a five (5) foot section of four (4)
4-9 inch cast iron soil pipe set of J. C. McVea for the H. L. McKee
4-10 tract on the Louisiana shore of Sabine Lake 37.78 feet back from
4-11 edge of water and projecting 18 inches above the surface of the
4-12 ground, said pipe bearing S 50--47' E, a distance of 15,350.42
4-13 feet from said corner, thence N 58--0' E, a distance of 637.64
4-14 feet along the East boundary line of the State of Texas, being also
4-15 the West boundary line of the State of Louisiana, thence N 50-47'
4-16 W, a distance of 13,027.71 feet along a line parallel to the first
4-17 side of tract to the extreme northeast corner of the Pleasure Pier
4-18 Bulkhead, thence S 38--45' W, a distance of 603.66 feet along the
4-19 Pleasure Pier Bulkhead to the point of beginning, containing 179.4
4-20 acres of land more or less.
4-21 Beginning at station 526+74.66 on the government reference
4-22 line of the Sabine Neches Waterway, Texas, for point of beginning,
4-23 thence S 51-15' E, a distance of 2379.79 ft., thence N 38--45' E,
4-24 a distance of 1391.09 ft. to the southwesterly corner of the
4-25 present Port Arthur Pleasure Pier bulkhead, thence N 49--13' W
4-26 along the westerly side of said pier, a distance of 695.05 ft., to
4-27 the point of curvature of a curve to the right with a radius of 150
5-1 ft., thence along that curve a distance of 214.6 ft. to the point
5-2 of tangency with a curve to the left with a radius of 150 ft.,
5-3 thence along that curve a distance of 214.7 ft. to the point of
5-4 tangency, thence N 50--58' W, a distance of 1771.96 ft. to
5-5 intersect with the government reference line at station 543+90.99
5-6 on reference line, thence along and parallel to the reference line
5-7 towit: S, 27--31' W, a distance of 691.49 ft. to point of
5-8 curvature of a curve to the left with a radius of 5208.79 ft.,
5-9 thence along that curve a distance of 281.0 ft. to the point of
5-10 tangency, thence S 24--26' W, a distance of 427X84 ft. to point of
5-11 curvature of a curve to the right with a radius of 3000 ft., thence
5-12 along that curve a distance of 316 ft. to point of beginning,
5-13 containing 94 acres more or less.
5-14 SECTION 3. DISPOSITION OF PROCEEDS. The proceeds from the
5-15 conveyance authorized by Section 1 of this Act shall be deposited
5-16 in the state treasury to the credit of the permanent school fund.
5-17 SECTION 4. EMERGENCY. The importance of this legislation
5-18 and the crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended,
5-22 and that this Act take effect and be in force from and after its
5-23 passage, and it is so enacted.