1-1 By: Parker S.B. No. 1072
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 26, 1993, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; April 26, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the conveyance by the General Land Office of the
1-24 state's interest in certain real property previously conveyed by
1-25 the state to the City of Port Arthur.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. AUTHORIZATION FOR CONVEYANCE. (a) The state
1-28 grants and relinquishes all of its right, title, and interest in
1-29 and to the use of the property described by Section 2 of this Act.
1-30 The Commissioner of the General Land Office may convey, on behalf
1-31 of the state, all of the interest of the state in the real property
1-32 described by Section 2 of this Act to the City of Port Arthur.
1-33 (b) The conveyance authorized by this section must be for a
1-34 cash consideration in an amount not less than the fair market value
1-35 of the property, as determined by the Commissioner of the General
1-36 Land Office after an appraisal performed by an appraiser employed
1-37 by the General Land Office and taking into consideration
1-38 improvements already made by the City of Port Arthur, and under
1-39 other terms and conditions negotiated in a purchase and sale
1-40 agreement between the parties. The commissioner shall reserve for
1-41 the state the minerals in or on the property and their ownership
1-42 and the rights for their exploration. The conveyance must be
1-43 completed by transfer of a corrected patent.
1-44 (c) The City of Port Arthur may hold the property previously
1-45 conveyed to it by authority of the Legislature of the State of
1-46 Texas in its proprietary capacity. On payment of the consideration
1-47 required by Subsection (b) of this section and the issuance of the
1-48 corrected patent, the title of the City of Port Arthur to the
1-49 property described in the patent becomes absolute, subject to the
1-50 reservations made by Subsection (b) of this section. The property
1-51 shall no longer be subject to a public trust or any other
1-52 restriction on its use or disposition by the city except as
1-53 provided by Subsection (b) of this section, and the city may use,
1-54 develop, lease, sell, option, or convey all or any portion of the
1-55 property for public or private purposes.
1-56 (d) Section 31.158, Natural Resources Code, does not apply
1-57 to the conveyance authorized by this section.
1-58 SECTION 2. PROPERTY DESCRIPTION. The real property
1-59 authorized for conveyance by Section 1 of this Act consists of
1-60 three parcels situated in and under the waters of Lake Sabine
1-61 immediately adjoining the City of Port Arthur, and commonly known
1-62 as part of Pleasure Island and Pleasure Pier extended; being the
1-63 real property originally granted by the state to the City of Port
1-64 Arthur by Chapter 181, Special Laws, Acts of the 42nd Legislature,
1-65 Regular Session, 1931 (enacting H.B. 819), as amended by Chapter
1-66 170, Acts of the 61st Legislature, Regular Session, 1969 (enacting
1-67 S.B. 180); being the real property described by patent recorded in
1-68 Volume 64-A, #212 of the State Files and in Volume 427, Page 273,
2-1 Jefferson County Deed Records; and being more particularly
2-2 described by metes and bounds as follows:
2-3 Beginning at station 544+93.05 on the reference line of the
2-4 Sabine Neches Waterway, Texas; thence along and parallel to the
2-5 government reference line to-wit: N 27-31' E, a distance of
2-6 454.85 ft., to the point of curvature of a curve to the right with
2-7 a radius of 4449.3 ft., thence along that curve a distance of
2-8 871.72 ft., to the point of tangency, thence N 3845'E, a distance
2-9 of 4579.58 ft. to the point of curvature of a curve to the left
2-10 with a radius of 5838.48 ft., thence along that curve a distance of
2-11 109.8 ft. to the point of tangency, thence N 3741' E, a distance
2-12 of 4228.7 ft. to the point of curvature of a curve to the right
2-13 with a radius of 6142.47 ft., thence along that curve a distance of
2-14 727.8 ft, to the point of tangency, thence N 44-28' a distance of
2-15 4281.7 ft. to the point of curvature of a curve to the left with a
2-16 radius of 5782.91 ft., thence along that curve a distance of 795.6
2-17 ft. to the point of tangency, then N 36-35' E, E, a distance of
2-18 4281.7 ft. to the point of curvature of a curve to the right with a
2-19 radius of 5680.62 ft., thence along that curve a distance of 667.5
2-20 ft. to the point of tangency, thence N 43-19' E, a distance of
2-21 1069.6 ft., thence S 48--47' E along and parallel to the present
2-22 city limits a distance of 2591.23 ft., thence S 38--45' W, a
2-23 distance of 20,511.0 ft. to the southeasterly corner of present
2-24 Port Arthur Pleasure Pier bulkhead, thence N 49 13' W along the
2-25 easterly side of said pier a distance of 696.28 ft. to the point of
2-26 curvature of a curve to the left with a radius of 150 ft., thence
2-27 along that curve a distance of 214.6 ft. to the point of tangency
2-28 with a curve to the right with a radius of 150 ft., a distance of
2-29 214.7 ft. to the point of tangency, thence N 50--58' W, a distance
2-30 of 1792.33 ft. to point of beginning and containing 1339 acres more
2-31 or less.
2-32 Beginning at a point of the extreme southeast corner of what
2-33 is now known as Pleasure Pier Bulkhead, thence S 50--47' E
2-34 parallel with the center line produced of Austin Avenue in the City
2-35 of Port Arthur, Texas, along the north side of the H. L. McKee
2-36 tract of 1942.86 acres, a distance of 12,817.64 feet to corner of
2-37 this tract on the East boundary line of the State of Texas, being
2-38 also a point on the West boundary line of the State of Louisiana,
2-39 said corner being witnessed by a five (5) foot section of four (4)
2-40 inch cast iron soil pipe set of J. C. McVea for the H. L. McKee
2-41 tract on the Louisiana shore of Sabine Lake 37.78 feet back from
2-42 edge of water and projecting 18 inches above the surface of the
2-43 ground, said pipe bearing S 50--47' E, a distance of 15,350.42
2-44 feet from said corner, thence N 58--0' E, a distance of 637.64
2-45 feet along the East boundary line of the State of Texas, being also
2-46 the West boundary line of the State of Louisiana, thence N 50-47'
2-47 W, a distance of 13,027.71 feet along a line parallel to the first
2-48 side of tract to the extreme northeast corner of the Pleasure Pier
2-49 Bulkhead, thence S 38--45' W, a distance of 603.66 feet along the
2-50 Pleasure Pier Bulkhead to the point of beginning, containing 179.4
2-51 acres of land more or less.
2-52 Beginning at station 526+74.66 on the government reference
2-53 line of the Sabine Neches Waterway, Texas, for point of beginning,
2-54 thence S 51-15' E, a distance of 2379.79 ft., thence N 38--45' E,
2-55 a distance of 1391.09 ft. to the southwesterly corner of the
2-56 present Port Arthur Pleasure Pier bulkhead, thence N 49--13' W
2-57 along the westerly side of said pier, a distance of 695.05 ft., to
2-58 the point of curvature of a curve to the right with a radius of 150
2-59 ft., thence along that curve a distance of 214.6 ft. to the point
2-60 of tangency with a curve to the left with a radius of 150 ft.,
2-61 thence along that curve a distance of 214.7 ft. to the point of
2-62 tangency, thence N 50--58' W, a distance of 1771.96 ft. to
2-63 intersect with the government reference line at station 543+90.99
2-64 on reference line, thence along and parallel to the reference line
2-65 towit: S, 27--31' W, a distance of 691.49 ft. to point of
2-66 curvature of a curve to the left with a radius of 5208.79 ft.,
2-67 thence along that curve a distance of 281.0 ft. to the point of
2-68 tangency, thence S 24--26' W, a distance of 427X84 ft. to point of
2-69 curvature of a curve to the right with a radius of 3000 ft., thence
2-70 along that curve a distance of 316 ft. to point of beginning,
3-1 containing 94 acres more or less.
3-2 SECTION 3. DISPOSITION OF PROCEEDS. The proceeds from the
3-3 conveyance authorized by Section 1 of this Act shall be deposited
3-4 in the state treasury to the credit of the permanent school fund.
3-5 SECTION 4. EMERGENCY. The importance of this legislation
3-6 and the crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.
3-12 * * * * *
3-13 Austin,
3-14 Texas
3-15 April 26, 1993
3-16 Hon. Bob Bullock
3-17 President of the Senate
3-18 Sir:
3-19 We, your Committee on State Affairs to which was referred S.B.
3-20 No. 1072, have had the same under consideration, and I am
3-21 instructed to report it back to the Senate with the recommendation
3-22 that it do pass and be printed.
3-23 Harris of
3-24 Dallas, Chairman
3-25 * * * * *
3-26 WITNESSES
3-27 FOR AGAINST ON
3-28 ___________________________________________________________________
3-29 Name: Robert H. Dedman x
3-30 Representing: General Land Office
3-31 City: Austin
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