1-1 AN ACT
1-2 relating to the transfer of certain state property from the Texas
1-3 Department of Criminal Justice to Jefferson County or Walker
1-4 County.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. (a) The Texas Department of Criminal Justice
1-7 shall donate and transfer to Jefferson County the real property
1-8 described by Subsection (d) of this section.
1-9 (b) The Texas Department of Criminal Justice shall transfer
1-10 the property by an appropriate instrument of transfer. The
1-11 instrument must include a provision that:
1-12 (1) requires Jefferson County to use the property only
1-13 for governmental purposes; and
1-14 (2) indicates that ownership of the property will
1-15 automatically revert to the Texas Department of Criminal Justice if
1-16 Jefferson County uses the property for any purpose other than a
1-17 governmental purpose.
1-18 (c) The Texas Department of Criminal Justice shall retain
1-19 custody of the instrument of transfer after its filing.
1-20 (d) The real property referred to in Subsection (a) of this
1-21 section is described as follows:
1-22 Being a tract or parcel containing 72.96 acres of land out of and a
1-23 part of the Pelham Humphries Survey, Abstract No. 32, also out of
1-24 and a part of that certain 689.690 acre tract as described in a
2-1 Special Warranty Deed from Jefferson County, Texas to the Texas
2-2 Department of Criminal Justice, Institutional Division and recorded
2-3 in Film Code 102-98-2207 and being more particularly described by
2-4 metes and bounds as follows; Commencing at a concrete monument
2-5 found at the intersection of the Southerly line of a Gulf States
2-6 Utilities Company Fee Strip (198 feet wide) as recorded in Volume
2-7 1586, Page 196, Deed Records of Jefferson County, Texas and the
2-8 Westerly right-of-way line of U.S. Highway 69, 96, and 287 (338
2-9 feet wide);
2-10 Thence along said Westerly line North 23 37'09" West for a distance
2-11 of 216.64' to an iron rod marking the Southeast corner of Jefferson
2-12 County 250 acre remainder of a 1039.008 acre tract of land in the
2-13 T. & N.O.R.R. Survey, Section 1, Abstract NO. 257, said 250 acre
2-14 tract having been conveyed to the County of Jefferson by the
2-15 McFaddin Trust by Special Warranty Deed dated January 5, 1990 and
2-16 recorded in File Code 102-98-2125 of the Deed Records of Jefferson
2-17 County, Texas;
2-18 Thence North 23 57'31" West along the Westerly right-of-way of U.S.
2-19 Highway 69, 96, and 287 and the Easterly line of said 250 acre
2-20 tract, a distance of 1098.15' to a 5/8" iron rod marking the
2-21 Southeast corner of a 50.2518 acre tract of land conveyed to the
2-22 Texas Youth Commission by Jefferson County, Texas and recorded in
2-23 Film Code 104-23-0304, Deed Records of Jefferson County, Texas;
2-24 Thence North 23 57'31" West along said Westerly right-of-way and
2-25 the Easterly line of the Texas Youth Commission 50.2518 acre tract,
2-26 a distance of 1602.99' to a 3.25" aluminum disk set for the most
2-27 Southeasterly right-of-way line of F.M. 3514 and the Northeasterly
3-1 corner of the Texas Youth Commission tract;
3-2 Thence continuing North 23 57'31" West along the Westerly
3-3 right-of-way line of U.S. Highway 69, 96, and 287 and the Easterly
3-4 line right-of-way line of F.M. 3514 a distance of 2477.99 to a
3-5 3.25" aluminum disk set for the most Northeasterly corner of F.M.
3-6 3514;
3-7 Thence continuing North 23 57'31" West along the Westerly
3-8 right-of-way line of U.S. Highway 69, 96, and 287 and the Easterly
3-9 line of the 689 acre Texas Department of Criminal Justice Tract a
3-10 distance of 684.78' to a 5/8" iron rod said point being 6,085.92'
3-11 form the point of commencement and the Point of Beginning of the
3-12 herein described tract;
3-13 Thence North 86 03'03"W 3920.10' to 5/8" iron rod in the North line
3-14 of the McFaddin Canal No. 1, said point being South 36 00'14" West,
3-15 a distance of 1432.68' from a Yount Lee Monument, said iron rod
3-16 also being the most Southwesterly corner of the Jefferson County
3-17 69.101 acre Correctional Facility Tract out of a1039.008 acre tract
3-18 of land in the Pelham Humphries Survey, Abstract No. 32, said
3-19 69.101 acre tract having been conveyed to the County of Jefferson
3-20 by McFaddin Trust by Special Warranty Deed dated January 5, 1990
3-21 and recorded in Film Code 102-98-2125 of the Deed Records of
3-22 Jefferson County, Texas;
3-23 Thence North 66 02'29" East along the South line of said 69,101
3-24 acre tract and the North line of the herein described 72.964 acre
3-25 tract a distance of 3646.09' to a 5/8" iron rod in the Westerly
3-26 right-of-way line of U.S. Highway 69, 96, and 287, said 5/8" iron
3-27 rod being the Northeasterly corner of the herein described tract
4-1 and the Southeasterly corner of the Jefferson County 69.101 acre
4-2 Correctional Facility Site;
4-3 Thence South 23 57'37" East along the Westerly right-of-way line of
4-4 U.S. Highway 69, 96, and 287, and the Easterly line of the herein
4-5 described 72.964 acre tract a distance of 1835.00' to THE PLACE OF
4-6 BEGINNING and containing 72.964 acres, more or less.
4-7 SECTION 2. (a) The Texas Department of Criminal Justice may
4-8 donate and transfer to Walker County the real property described by
4-9 Subsection (d) of this section.
4-10 (b) The Texas Department of Criminal Justice may transfer
4-11 the property by an appropriate instrument of transfer which must
4-12 include a provision that:
4-13 (1) requires Walker County to use the property only
4-14 for a purpose that benefits the public interest;
4-15 (2) indicates that ownership of the property will
4-16 automatically revert to the Texas Department of Criminal Justice if
4-17 Walker County uses the property for any purpose other than a
4-18 purpose which benefits the public interest; and
4-19 (3) describes the property to be transferred by metes
4-20 and bounds.
4-21 (c) The Texas Department of Criminal Justice shall retain
4-22 custody of the instrument of transfer after its filing.
4-23 (d) The real property referred to in Subsection (a) of this
4-24 section is a tract or parcel not to exceed 10 acres of land
4-25 situated in the city of Huntsville, out of and a part of the
4-26 Pleasant Gray Survey, Abstract No. 24, Walker County, Texas, and
4-27 being out of and a part of a called 515 acre tract as described in
5-1 a Deed from Ed H. Cunningham, et al. to the State of Texas (Texas
5-2 Department of Corrections), dated June 23, 1883, and recorded in
5-3 Volume Y, Page 181, Deed Records.
5-4 SECTION 3. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended,
5-9 and that this Act take effect and be in force from and after its
5-10 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3016 was passed by the House on May
2, 1997, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3016 on May 23, 1997, by the following vote: Yeas 143, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3016 was passed by the Senate, with
amendments, on May 20, 1997, by the following vote: Yeas 26, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor