1-1 By: Ellis (Senate Sponsor - Ogden) H.B. No. 266 1-2 (In the Senate - Received from the House April 23, 2001; 1-3 April 24, 2001, read first time and referred to Committee on 1-4 Natural Resources; May 8, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 5, Nays 0; 1-6 May 8, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 266 By: Bivins 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the conveyance of certain state property. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. (a) Not later than January 31, 2002, the Texas 1-13 Board of Criminal Justice shall convey to the Board of Regents of 1-14 the Texas State University System for use by Sam Houston State 1-15 University the real property described by Subsection (e) of this 1-16 section. 1-17 (b) The Texas Board of Criminal Justice shall convey the 1-18 property by deed without warranty regarding covenants of title. 1-19 (c) The deed must include a provision that: 1-20 (1) requires Sam Houston State University to use the 1-21 property for a governmental purpose; and 1-22 (2) indicates that title to the property will 1-23 automatically revert to the Texas Board of Criminal Justice if Sam 1-24 Houston State University fails to use the property for a 1-25 governmental purpose. 1-26 (d) The Texas Board of Criminal Justice shall retain custody 1-27 of the deed after the deed is filed in the real property records of 1-28 Walker County. 1-29 (e) The real property referred to in this section is 1-30 described as follows: 1-31 Being an 345.58 acre tract of land located in the John Porter 1-32 Survey, Abstract 38, Walker County, Texas, and being a portion of a 1-33 residue of 1664.85 acres of land conveyed in deed from Albert E. 1-34 Cunningham and wife, Julia S. Cunningham to the State of Texas for 1-35 the Texas Department of Corrections, dated November 10, 1959, and 1-36 recorded in the Deed Records of Walker County in Volume 165, Page 1-37 138; said 345.58 acre tract being more particularly described by 1-38 metes and bounds as follows: BEGINNING at a concrete TxDOT 1-39 monument found for the most westerly cutback corner of the 1-40 intersection of the northeasterly right of way line of FM (Farm to 1-41 Market) 980, based on a width of 80.00 feet, recorded in Volume 1-42 129, page 236, of the Deed Records of Walker County, and the 1-43 northwesterly right of way line of SH (State Highway) 19, based on 1-44 a width of 230.00 feet, and having grid coordinates of X= 1-45 3842823.28, Y= 10308432.06; all bearings and coordinates are based 1-46 on the Texas State Plane Coordinate System, Central Zone, NAD 83, 1-47 Adj. 1993. To convert to surface coordinates, divide by a combined 1-48 scale factor of 0.99988; NGS Station BL2006 bears South 34 17'48" 1-49 East, a grid distance of 5280.90 feet. 1-50 THENCE, North 48 15'45" West, along the northeasterly right of way 1-51 line of FM 980, a distance of 1086.25 feet to a 5/8-inch iron rod 1-52 set for an angle point; 1-53 THENCE, North 49 54'44" West, continuing along the northeasterly 1-54 right of way line of FM 980, a distance of 1312.47 feet to a 1-55 5/8-inch iron rod set for a point of curvature; 1-56 THENCE, in a northwesterly direction, continuing along the 1-57 northeasterly right of way line of FM 980, with a curve to the 1-58 left, having a central angle of 02 55'23", a radius of 5769.58 1-59 feet, an arc length of 294.34 feet, and a chord bearing of North 1-60 51 22'25" West, a distance of 294.31 feet to a 5/8-inch iron rod 1-61 set for the point of tangency; 1-62 THENCE, North 52 50'07" West, continuing along the northeasterly 1-63 right of way line of FM 980, a distance of 630.14 feet to a 1-64 5/8-inch iron rod set for a point of curvature; 2-1 THENCE, in a northwesterly direction, continuing along the 2-2 northeasterly right of way line of FM 980, with a curve to the 2-3 left, having a central angle of 06 37'26", a radius of 994.93 feet, 2-4 an arc length of 115.02 feet, and a chord bearing of North 2-5 56 08'50" West, a distance of 114.96 feet to a 5/8-inch iron rod 2-6 set in the southeast line of that certain tract of land as conveyed 2-7 in deed to Horace M. Reeves and Mary Frances Reeves, dated December 2-8 16, 1993, and recorded in Volume 211, Page 629 of the Official 2-9 Public Records of Walker County; 2-10 THENCE, North 14 38'33" West, along the easterly line of said 2-11 Reeves tract, a distance of 186.96 feet to a fence corner for the 2-12 northeast corner of said Reeves tract; 2-13 THENCE, North 64 58'09" West, along the northerly line of said 2-14 Reeves tract and a fence line, a distance of 236.19 feet to a 2-15 3-inch iron pipe found in the southerly line of a residue of 100 2-16 acres of land conveyed in deed to Sam W. Robbins, dated August 30, 2-17 1947, and recorded in Volume 120, Page 310, of the Deed Records of 2-18 Walker County; 2-19 THENCE, North 42 10'24" East, along the southerly line of said 2-20 Robbins tract and a fence line, a distance of 2439.03 feet to a 2-21 2-inch iron pipe found for the southeast corner of a residue of 100 2-22 acres of land conveyed in deed to Phillip M. Campbell, et al, dated 2-23 May 9, 1985, and recorded in Volume 445, Page 408 of the Official 2-24 Public Records of Walker County; 2-25 THENCE, North 47 35'56" West, along the easterly line of said 2-26 Phillip M. Campbell, et al tract and a fence line, a distance of 2-27 3064.51 feet the Livingston Reservoir Pool Line, as described in 2-28 deed to the Trinity River Authority, dated August 26, 1969, and 2-29 recorded in Volume 223, Page 758 of the Deed Records of Walker 2-30 County: 2-31 THENCE, along the Livingston Reservoir Pool Line the following: 2-32 North 69 30'00" East, 262.64 feet; 2-33 North 78 56'00" East, 182.39 feet; 2-34 South 70 51'00" East, 228.65 feet; 2-35 South 70 07'00" East, 399.84 feet; 2-36 South 77 51'00" East, 384.63 feet; 2-37 North 84 06'00" East, 349.86 feet; 2-38 South 81 01'00" East, 390.79 feet; 2-39 South 22 42'00" East, 59.62 feet; 2-40 North 22 27'00" East, 99.54 feet; 2-41 North 75 49'00" East, 89.74 feet; 2-42 South 86 31'00" East, 230.43 feet; 2-43 South 53 29'00" West, 230.20 feet; 2-44 North 67 12'00" East, 170.31 feet; 2-45 South 84 14'00" East, 99.50 feet; 2-46 North 50 43'00" East, 270.04 feet; 2-47 South 79 13'00" East, 149.64 feet; 2-48 North 59 58'00" East, 169.81 feet; 2-49 South 51 59'00" East, 69.81 feet; 2-50 South 02 00'00" East, 200.12 feet; 2-51 South 59 10'00" East, 150.23 feet; 2-52 South 81 01'00" East, 159.97 feet; 2-53 South 66 31'00" East, 449.20 feet; 2-54 South 48 04'00" West, 79.31 feet; 2-55 South 34 20'00" East, 49.65 feet; 2-56 North 27 51'00" East, 59.94 feet; 2-57 North 87 43'00" East, 50.04 feet; 2-58 South 47 52'00" West, 169.92 feet; 2-59 South 62 02'00" East, 219.65 feet; 2-60 North 54 21'00" East, 169.84 feet; 2-61 South 63 30'00" East, 430.22 feet; 2-62 North 50 50'00" East, 69.66 feet; 2-63 South 48 33'00" East, 160.11 feet; 2-64 South 55 47'00" West, 60.46 feet; 2-65 South 38 29'00" East, 49.82 feet; 2-66 North 66 02'00" East, 49.24 feet; 2-67 South 18 13'00" East, 249.51 feet; 2-68 South 36 52'00" West, 150.00 feet; 2-69 South 83 43'00" West, 100.60 feet; 3-1 North 49 21'00" West, 130.48 feet; 3-2 South 10 34'00" East, 120.03 feet; 3-3 South 10 18'00" West, 100.62 feet; 3-4 South 16 54'00" East, 199.61 feet; 3-5 South 09 29'00" East, 400.48 feet; 3-6 South 24 31'00" West, 200.03 feet; 3-7 South 37 04'00" West, 399.80 feet; 3-8 South 11 28'00" East, 70.41 feet; 3-9 South 19 53'00" West, 349.86 feet; 3-10 South 50 34'00" East, 80.28 feet; 3-11 South 02 04'00" West, 250.16 feet; 3-12 South 05 06'00" West, 179.71 feet; 3-13 South 36 52'00" West, 100.00 feet; 3-14 South 66 03'00" West, 500.06 feet; 3-15 North 53 58'00" West, 40.80 feet; 3-16 South 72 32'00" West, 129.99 feet; 3-17 North 62 24'00" West, 49.65 feet; 3-18 South 28 37'00" West, 50.12 feet; 3-19 South 86 34'00" West, 50.09 feet; 3-20 South 31 24'00" West, 90.21 feet; 3-21 South 69 23'00" West, 99.37 feet; 3-22 North 53 08'00" West, 150.00 feet; 3-23 South 15 37'00" West, 70.60 feet; 3-24 South 84 12'00" West, 59.30 feet; 3-25 South 10 47'00" West, 149.64 feet; 3-26 South 85 02'00" West, 219.82 feet; 3-27 South 68 12'00" East, 199.25 feet; 3-28 South 74 39'00" West, 200.14 feet; 3-29 South 48 08'00" East, 220.24 feet; 3-30 North 45 16'00" East, 299.82 feet; 3-31 North 83 17'00" East, 85.59 feet; 3-32 South 61 07'00" East, 99.36 feet; 3-33 South 28 04'00" East, 240.24 feet; 3-34 South 83 09'00" East, 50.36 feet; 3-35 South 24 48'00" East, 159.73 feet; 3-36 North 07 31'00" East, 290.50 feet; 3-37 North 63 55'00" East, 159.21 feet; 3-38 North 87 43'00" East, 400.32 feet; 3-39 South 29 53'00" East, 100.34 feet; 3-40 South 26 08'00" West, 120.30 feet; 3-41 South 48 29'00" West, 349.95 feet; 3-42 North 67 33'00" West, 49.77 feet; 3-43 South 22 44'00" East, 80.23 feet; 3-44 South 18 50'00" West, 179.62 feet; 3-45 South 51 04'00" East, 100.26 feet; 3-46 North 45 30'00" East, 79.91 feet; 3-47 North 70 18'00" East, 258.10 feet, to the northerly line of a 3-48 13.462 acre tract of land as described in deed conveyed to the 3-49 Trinity River Authority, dated May 20, 1972, and recorded in the 3-50 Deed Records of Walker County in Volume 247, Page 383; 3-51 THENCE, South 43 48'39" West, along the northerly line of said 3-52 13.462 acre tract and a fence line, a distance of 1160.92 feet to a 3-53 fence corner found for the northwest corner of said 13.462 acre 3-54 tract; 3-55 THENCE, South 64 55'27" East, along the westerly line of said 3-56 13.462 acre tract and a fence line, a distance of 611.66 feet to a 3-57 5/8-inch iron rod set in the northwesterly right of way line of SH 3-58 19; 3-59 THENCE, South 30 06'27" West, along the northwesterly right of way 3-60 line of SH 19, a distance of 575.88 feet to a 5/8-inch iron rod set 3-61 for the most easterly cutback corner of the intersection with FM 3-62 980; 3-63 THENCE, South 68 26'42" West, along said cutback corner, a distance 3-64 of 162.00 feet to the POINT OF BEGINNING and containing 345.58 3-65 acres of land. 3-66 SECTION 2. (a) The Texas Board of Criminal Justice shall 3-67 sell to the Texas Parks and Wildlife Department the tract of land 3-68 associated with the Retrieve Unit of the Texas Board of Criminal 3-69 Justice in Brazoria County. 4-1 (b) The Texas Parks and Wildlife Department shall purchase 4-2 the land at fair market value. 4-3 (c) PROCEEDS. The proceeds from the sale of the property 4-4 required by Section 2 of this Act shall be provided to the Texas 4-5 Board of Criminal Justice. 4-6 SECTION 3. This Act takes effect immediately if it receives 4-7 a vote of two-thirds of all the members elected to each house, as 4-8 provided by Section 39, Article III, Texas Constitution. If this 4-9 Act does not receive the vote necessary for immediate effect, this 4-10 Act takes effect September 1, 2001. 4-11 * * * * *