1-1 By: Staples (Senate Sponsor - Nixon) H.B. No. 2019 1-2 (In the Senate - Received from the House May 10, 1999; 1-3 May 10, 1999, read first time and referred to Committee on Natural 1-4 Resources; May 14, 1999, reported favorably by the following vote: 1-5 Yeas 6, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the conveyance of certain state-owned real property in 1-9 Cherokee County to the City of Rusk. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. AUTHORIZATION FOR CONVEYANCE. (a) The Texas 1-12 Department of Mental Health and Mental Retardation may convey, on 1-13 behalf of the state, all of the interest of the state in the real 1-14 property described by Section 2 of this Act and all improvements on 1-15 the property to the City of Rusk. 1-16 (b) The General Land Office shall determine the amount of 1-17 consideration due under this Act by determining the fair market 1-18 value of the property. 1-19 (c) Proceeds from the sale shall be deposited to the credit 1-20 of the Texas Department of Mental Health and Mental Retardation in 1-21 the Texas capital trust fund established under Chapter 2201, 1-22 Government Code. The proceeds and any interest from the proceeds 1-23 may be appropriated only for improvements to the facilities of the 1-24 Texas Department of Mental Health and Mental Retardation. 1-25 (d) The commissioner of the General Land Office shall 1-26 reserve ownership of all oil, gas, and other minerals in and under 1-27 the real property and the right to remove the oil, gas, and other 1-28 minerals, including the right to grant oil, gas, and mineral 1-29 leases. 1-30 (e) Sections 31.1571 and 31.158, Natural Resources Code, and 1-31 533.084, Health and Safety Code, do not apply to the conveyance 1-32 authorized by this section. 1-33 SECTION 2. PROPERTY DESCRIPTION. The real property 1-34 authorized for conveyance by Section 1 of this Act consists of the 1-35 real property described as follows: 1-36 BEING 12.74 acres of land in the A. H. WHITE SURVEY, ABSTRACT NO. 1-37 931, Cherokee County, Texas, and being part of a 1929.79 acre tract 1-38 described in deed from the Texas Board of Control to Rusk State 1-39 Hospital, December 4, 1929, recorded in Volume 139, Page 426, Deed 1-40 Records of Cherokee County, Texas, (hereinafter shown as 1-41 volume/page, DR, or LR for Land Records) Bearings are based on 1-42 South 05 deg. 58 min. 00 sec. East, along the West line of a 10 1-43 acre tract described in deed from the Texas Board of Mental Health 1-44 and Mental Retardation, to Cherokee County, Texas, September 1, 1-45 1987, recorded in Volume 1043, Page 717, L.R. SAID tract described 1-46 as follows: See Plat: 1-47 BEGINNING at a 1/2" steel rod set in the North line of Castner 1-48 Street for the Southwest corner of 2.057 acres. 70 feet wide. 1-49 Locally known as Underwood Street (no dedication found), for the 1-50 Southeast corner of this tract, from which a 1/2" steel rod found 1-51 for the Southwest corner of said 10 acres and the Southeast corner 1-52 of Underwood Street bears North 88 deg. 07 min. 16 sec. East, 1-53 70.18 feet and a Concrete Monument with brass cap found marked No. 1-54 75-1969 bears North 88 deg. 07 min. 16 sec. East, 608.60 feet; 1-55 THENCE South 88 deg. 07 min. 16 sec. West, with the North line of 1-56 Castner Street 82.40 feet to a 1/2" steel rod set on the East bank 1-57 of a creek in the East line of U.S. Highway No. 69; 1-58 THENCE North 47 deg. 27 min. 47 sec. West, with the East line of 1-59 U.S. Highway No. 69, 1108.71 feet to a 1/2" steel rod found in the 1-60 center of a broke concrete monument No. 49-1969 for right-of-way 1-61 offset corner; 1-62 THENCE North 28 deg. 23 min. 09 sec. East, with highway offset 1-63 77.34 feet to a concrete monument found with brass cap in top 1-64 marked 50-1969 for a right-of-way offset corner on bank of branch; 2-1 THENCE North 47 deg. 27 min. 47 sec. West, with said highway 31.59 2-2 feet to a 5/8" steel rod set in the centerline of a branch for a 2-3 corner of this tract; 2-4 THENCE Easterly with centerline of branch as follows: South 71 2-5 deg. 56 min. 19 sec. East - 41.85 feet, South 30 deg. 20 min. 24 2-6 sec. East - 51.34 feet, North 55 deg. 06 min. 38 sec. East - 2-7 30.71 feet, South 85 deg. 14 min. 07 sec. East - 79.01 feet, South 2-8 50 deg. 05 min. 11 sec. East - 44.71 feet, North 70 deg. 23 min. 2-9 26 sec. East - 56.19 feet, South 63 deg. 50 min. 43 sec. East - 2-10 50.35 feet, South 62 deg. 58 min. 17 sec. East - 42.94 feet, North 2-11 58 deg. 23 min. 02 sec. East - 37.91 feet, and North 86 deg. 21 2-12 min. 19 sec. East - 7.13 feet to a 5/8" steel rod set in center 2-13 line of intersection of said branch and a creek; 2-14 THENCE Northerly with centerline of creek as follows: North 06 2-15 deg. 00 min. 28 sec. West - 227.49 feet, North 39 deg. 28 min. 44 2-16 sec. West - 66.73 feet, North 11 deg. 32 min. 17 sec. West - 2-17 119.80 feet and North 06 deg. 37 min. 14 sec. East - 20.20 feet to 2-18 a 5/8" steel rod set in centerline of creek for the most Northerly 2-19 Northwest corner of this tract; 2-20 THENCE North 82 deg. 13 min. 39 sec. East, at 25.00 feet pass a 2-21 1/2" steel rod set on the bank of creek for a reference corner, 2-22 continuing 468.95 feet in all to a 1/2" steel rod set in the West 2-23 line of said Underwood Street or 2.057 acres for the Northeast 2-24 corner of this tract; 2-25 THENCE South 05 deg. 58 min. 00 sec. East, with the West line of 2-26 Underwood Street or said 2.057 acres, 70 feet West of and parallel 2-27 with the West line of said 10 acres, 1244.11 feet to the PLACE OF 2-28 BEGINNING and containing within these calls 12.74 acres of land. 2-29 SECTION 3. EMERGENCY. The importance of this legislation 2-30 and the crowded condition of the calendars in both houses create an 2-31 emergency and an imperative public necessity that the 2-32 constitutional rule requiring bills to be read on three several 2-33 days in each house be suspended, and this rule is hereby suspended, 2-34 and that this Act take effect and be in force from and after its 2-35 passage, and it is so enacted. 2-36 * * * * *