By: Ogden S.B. No. 463
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the transfer of certain state property from the Texas
1-2 Department of Criminal Justice to Walker County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. (a) Not later than January 31, 2000, the Texas
1-5 Department of Criminal Justice shall transfer to Walker County the
1-6 real property described by Subsection (e) of this section.
1-7 (b) Walker County may use the property transferred under
1-8 this Act only for a purpose that benefits the public interest of
1-9 the state. If Walker County no longer uses the property for a
1-10 purpose that benefits the public interest of the state, Walker
1-11 County shall sell the property for fair market value under the
1-12 procedures provided by Section 272.001, Local Government Code, and
1-13 forward the proceeds of the sale to the Texas Department of
1-14 Criminal Justice. The Texas Department of Criminal Justice shall
1-15 deposit proceeds received from the sale of the property as provided
1-16 by this subsection in the Texas capital trust fund.
1-17 (c) The Texas Department of Criminal Justice shall transfer
1-18 the property by an appropriate instrument of transfer. The
1-19 instrument of transfer must include a provision that:
1-20 (1) requires Walker County to use the property only
1-21 for a purpose that benefits the public interest of the state; and
1-22 (2) requires Walker County to sell the property and
1-23 forward the proceeds of the sale to the Texas Department of
1-24 Criminal Justice as provided by Subsection (b) of this section if
2-1 Walker County no longer uses the property for a purpose that
2-2 benefits the public interest of the state.
2-3 (d) The Texas Department of Criminal Justice shall retain
2-4 custody of the instrument of transfer after the instrument of
2-5 transfer is filed in the real property records of Walker County.
2-6 (e) The real property referred to in this section is
2-7 described as follows:
2-8 The west 120 feet of Lot No. 25, Block 8, and south 18 feet of the
2-9 west 120 feet of Lot No. 26, Block No. 8, City of Huntsville,
2-10 County of Walker, State of Texas, more particularly described as
2-11 follows:
2-12 BEGINNING AT THE northeast corner of the intersection of 11th
2-13 Street (formerly Cedar Street) and Avenue K (formerly Main Street);
2-14 THENCE in an eastwardly direction along the north line of 11th
2-15 Street and south line of Lot No. 25, a distance of 120 feet more or
2-16 less to a point;
2-17 THENCE in a northern direction and parallel to the east line of
2-18 Avenue K, a distance of 100 feet more or less to the south line of
2-19 Lot 26, Block 8;
2-20 THENCE continue north parallel to the east line of Avenue K, a
2-21 distance of 18 feet more or less to a point;
2-22 THENCE in a westerly direction and parallel to the north line of
2-23 11th Street, a distance of 120 feet more or less to a point on the
2-24 east line of Avenue K;
2-25 THENCE in a southern direction along the east line of Avenue K and
2-26 west line of Lot 26, Block 8, a distance of 18 feet more or less to
3-1 a point or corner between Lot 25 and Lot 26, Block 8;
3-2 THENCE continue in a southerly direction along the east line of
3-3 Avenue K and west line of Lot 25, Block 8, a distance of 100 feet
3-4 more or less to the POINT OF BEGINNING; containing in aggregate
3-5 14,400 square feet more or less and further identified as 1036 11th
3-6 Street, Huntsville, Texas.
3-7 The above described property was conveyed to the United States of
3-8 America by deeds recorded in Deed Book 33, page 535, July 24, 1911;
3-9 Deed Book 33, page 536, July 24, 1911; Book 33, page 537, July 24,
3-10 1911; and Deed Book 33, page 538, July 25, 1911; and Deed Book 33,
3-11 page 539, July 25, 1911; and Deed of Correction-Book 34, pages 83
3-12 and 84, of the Records of the County of Walker, State of Texas.
3-13 SECTION 2. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended,
3-18 and that this Act take effect and be in force from and after its
3-19 passage, and it is so enacted.
3-20 COMMITTEE AMENDMENT NO. 1
3-21 Amend S.B. No. 463 by adding the following appropriately
3-22 numbered section to the bill and renumbering subsequent sections of
3-23 the bill appropriately:
3-24 SECTION 2. (a) Not later than January 31, 2000, the Texas
3-25 Department of Criminal Justice shall transfer to Mitchell County
3-26 the real property described by Subsection (e) of this section.
4-1 (b) Mitchell County may use the property transferred under
4-2 this Act only for a purpose that benefits the public interest of
4-3 the state. If Mitchell County no longer uses the property for a
4-4 purpose that benefits the public interest of the state, Mitchell
4-5 County shall sell the property for fair market value under the
4-6 procedures provided by Section 272.001, Local Government Code, and
4-7 forward the proceeds of the sale to the Texas Department of
4-8 Criminal Justice. The Texas Department of Criminal Justice shall
4-9 deposit proceeds received from the sale of the property as provided
4-10 by this subsection in the Texas capital trust fund.
4-11 (c) The Texas Department of Criminal Justice shall transfer
4-12 the property by an appropriate instrument of transfer. The
4-13 instrument of transfer must include a provision that:
4-14 (1) requires Mitchell County to use the property only
4-15 for a purpose that benefits the public interest of the state; and
4-16 (2) requires Mitchell County to sell the property and
4-17 forward the proceeds of the sale to the Texas Department of
4-18 Criminal Justice as provided by Subsection (b) of this section if
4-19 Mitchell County no longer uses the property for a purpose that
4-20 benefits the public interest of the state.
4-21 (d) The Texas Department of Criminal Justice shall retain
4-22 custody of the instrument of transfer after the instrument of
4-23 transfer is filed in the real property records of Mitchell County.
4-24 (e) The real property referred to in this section is a tract
4-25 or parcel not to exceed 63.68 ACRES OF LAND OUT OF SECTION 32,
4-26 BLOCK 26, T & P RWY. SURVEYS, COLORADO CITY, MITCHELL COUNTY,
5-1 TEXAS. DESCRIBED FURTHER BY METES AND BOUNDS AS FOLLOWS:
5-2 BEGINNING: AT AN IRON PIN IN THE EAST R/W OF ROGERS ROAD THAT IS
5-3 N 77 00' 00" E--46.7' FROM THE S.W. CORNER OF BLOCK 1
5-4 OF THE J.L. HART ADDITION TO THE TOWN OF COLORADO CITY
5-5 AND S 12 55' 35" E--28.8' FROM A CONCRETE R/W MONUMENT
5-6 IN THE EAST R/W OF INTERSTATE 20
5-7 THENCE: N 12 55' 35" W--162.4' ALONG THE EAST R/W OF ROGERS
5-8 ROAD TO A POINT IN THE EAST R/W OF INTERSTATE 20
5-9 THENCE: N 08 51' 11" W--607.9' ALONG SAID EAST R/W TO A POINT
5-10 IN THE SOUTH R/W OF INTERSTATE 20
5-11 THENCE: N 42 32' 16" E--383.4' ALONG SAID SOUTH R/W
5-12 THENCE: ALONG SAID SOUTH R/W ON A CURVE TO THE RIGHT SUCH THAT
5-13 Delta = 19 28' 42" Radius = 3672.4'
5-14 Arc = 1248.5' Tangent = 630.3'
5-15 AND THE CHORD BEARS N 66 30' 22" E--1242.5'
5-16 THENCE: N 76 17' 35" E--909.9' ALONG SAID SOUTH R/W TO A FOUND
5-17 IRON PIN
5-18 THENCE: S 12 59' 26" E--1177.1' TO AN IRON PIN IN THE NORTH
5-19 R/W OF MORALES STREET
5-20 THENCE: S 73 13' 25" W--379.1' ALONG SAID NORTH R/W
5-21 THENCE: S 75 05' 41" W--692.4' ALONG SAID NORTH R/W
5-22 THENCE: S 77 04' 42" W--1421.3' ALONG SAID NORTH R/W TO THE
5-23 PLACE OF BEGINNING AND CONTAINING 63.68 ACRES OF LAND
5-24 MORE OR LESS.
5-25 SAVE AND EXCEPT
5-26 ALL OF BLOCK 9, THE EAST 1/2 OF BLOCK 11, LOTS 1, 2, 3, 4 AND 5, IN
6-1 BLOCK 8, LOTS 23 AND 24 IN BLOCK 7, LOTS 1, 2, 4, 13, 14, 20, 22,
6-2 23 AND 24 IN BLOCK 10, ALL IN THE AUSTIN HEIGHTS ADDITION #2 (A
6-3 SUBDIVISION OF BLOCKS 4, 5, 6 AND 7 OF THE J.L. HART ADDITION TO
6-4 COLORADO CITY), AND ALL OF THE STREETS AND ALLEYS IN SAID AUSTIN
6-5 HEIGHTS ADDITION #2.
6-6 Walker