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