By: Bivins S.B. No. 1722 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the transfer of the Amarillo campus of the Texas State 1-3 Technical College System to Amarillo College. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "College" means Amarillo College. 1-7 (2) "System" means the Texas State Technical College 1-8 System. 1-9 SECTION 2. TRANSFER. (a) Not later than September 1, 2002, 1-10 the board of regents of the Texas State Technical College System 1-11 shall enter into an agreement with the board of regents of Amarillo 1-12 College for the consideration described by Subsection (b) of this 1-13 section to transfer to the board of regents of Amarillo College: 1-14 (1) the governance, operation, management, and control 1-15 of the Texas State Technical College System's campus located in the 1-16 city of Amarillo in Potter County as further described by Section 5 1-17 of this Act; and 1-18 (2) all right, title, and interest in the land, 1-19 buildings, facilities, improvements, equipment, supplies, and 1-20 property comprising or located on that campus. 1-21 (b) Consideration for the transfer required by Subsection 1-22 (a) of this section shall be in the form of an agreement between 1-23 the system and the college that requires the college to use the 2-1 property in a manner that primarily promotes a public purpose of 2-2 the state. If the college at any time fails to use the property in 2-3 that manner, ownership of the property automatically reverts to the 2-4 system. 2-5 (c) The system shall transfer the property by an appropriate 2-6 instrument of transfer. The instrument must include a provision 2-7 that: 2-8 (1) requires the college to use the property in a 2-9 manner that primarily promotes a public purpose of the state; and 2-10 (2) indicates that ownership of the property 2-11 automatically reverts to the system if the college at any time 2-12 fails to use the property in that manner; 2-13 (3) except as provided by Subdivision (4), ratifies 2-14 and confirms as permanent the Lease and Transfer Agreement dated 2-15 June 29, 1995, between the system and the college that transferred 2-16 various assets and other resources from the system to the college; 2-17 and 2-18 (4) terminates all provisions in the Lease and 2-19 Transfer Agreement described by Subdivision (3) relating to real 2-20 property on the date the instrument of transfer required by Section 2-21 (2)(c) of this Act takes effect. 2-22 (d) The transfer required by this section is subject to 2-23 Sections 3-5 of this Act. 2-24 SECTION 3. POWERS AND DUTIES. The board of regents of the 2-25 college shall govern, operate, manage, and control the campus and 2-26 all land, buildings, facilities, improvements, equipment, supplies, 3-1 and property comprising or located on the campus pursuant to the 3-2 powers, duties, and responsibilities conferred by law on the board 3-3 of regents of the college for the management and control of the 3-4 college. 3-5 SECTION 4. REAL PROPERTY LEASES. (a) Real property leases 3-6 entered into by the board of regents of the system for and on 3-7 behalf of the campus are ratified, confirmed, and validated. In 3-8 those real property leases, the board of regents of the college is 3-9 substituted for and stands and acts in the place of the board of 3-10 regents of the system. The board of regents of the college is 3-11 substituted for the board of regents of the system on the date the 3-12 instrument of transfer required by Section 2(c) of this Act takes 3-13 effect. 3-14 SECTION 5. REAL PROPERTY DESCRIPTION. The land referenced 3-15 in Section 2(a)(2) of this Act that together with the other 3-16 property described by Section 2(a)(2) of this Act comprises the 3-17 Texas State Technical College System's Amarillo campus is described 3-18 as follows: 3-19 1,562.279 acres of land, more or less, more particularly 3-20 described as follows: 3-21 A tract of land situate in Sections 27, 28, 37, 38, 39, 40, 3-22 49, 50, 51, and 52, all in Block 2 of the Adams, Beaty and Moulton 3-23 Survey, Potter County, Texas, said tract being more particularly 3-24 described as follows: 3-25 Beginning at a point on the Section corner common to Sections 3-26 18, 19, 26, and 27, Block 2, A. B. and M. Survey, Potter County, 4-1 Texas; thence S. 00 24' W. along the East boundary line of said 4-2 Section 27 and center line of Farm to Market Road No. 1912, a 4-3 distance of 10,508.32 feet to a point on the North right-of-way of 4-4 old U. S. Highway No. 66 from whence the Southeast corner of 4-5 Section 28 bears S. 00 24' W., a distance of 50 feet; thence N. 4-6 89 31' W., along the North right-of-way line of said U. S. Highway 4-7 No. 66 and along a line parallel to and 50 feet North of the South 4-8 boundary line of said Section 28, a distance of 5273.20 feet to a 4-9 point in the West line of said Section 28 and the East line of 4-10 Section 39; thence S. 00 43' W., a distance of 50.00 feet to the 4-11 Southwest corner of said Section 28; thence continuing S. 00 43' 4-12 W., a distance of 5276.00 feet to a point on the Southeast corner 4-13 of said Section 38; thence N. 89 35' W., along the South line of 4-14 said Section 38, a distance of 3804.80 feet to a point; thence S. 4-15 00 25' W., a distance of 350.00 feet to a point; thence N. 89 35' 4-16 W., a distance of 1500.00 feet to a point on the West line of said 4-17 Section 37 and the East line of Section 52; thence S. 00 25' W., 4-18 along the East line of said Section 52, a distance of 1267.27 feet 4-19 to a point on the South right-of-way line of the Chicago and Rock 4-20 Island R. R.; thence S. 80 18' W., along the South right-of-way 4-21 line of the Chicago and Rock Island R. R., a distance of 2694.13 4-22 feet to a point; thence North along the North-South quarter line of 4-23 said Section 52 and Section 51, a distance of 5429.16 feet to a 4-24 point; thence S. 86 48'45" E., a distance of 5395.50 feet to a 4-25 point; thence N. 00 17' E., a distance of 2107.90 feet to a point; 4-26 thence N. 89 43' W., a distance of 1400 feet to a point; thence N. 5-1 43 45' W., a distance of 1927.00 feet to a point; thence N. 00 24' 5-2 E., a distance of 5544.8 feet to a point; thence N. 69 46'00" E., 5-3 parallel to and 150 feet Northerly of the present Southerly 5-4 right-of-way line of U. S. Highway No. 60 and 66, a distance of 5-5 10,522.74 feet to a point on the North line of said Section 27; 5-6 thence S. 89 38' E. along the North line of said Section 27, a 5-7 distance of 426.33 feet to a point; thence S. 69 44'59" W., along 5-8 the present Southerly right-of-way line of said U. S. Highway 60 5-9 and 66, a distance of 580.29 feet to a point; thence S. 00 24' W., 5-10 a distance of 867.05 feet to a point; thence S. 89 36' E., a 5-11 distance of 886.00 feet to a point on the West right-of-way line of 5-12 said Farm-Market Road No. 1912; thence N. 00 24' E. along said 5-13 Farm-Market Road No. 1912 and parallel to and 40 feet westerly of 5-14 said East boundary line of said Section 27, a distance of 1071.51 5-15 feet to a point on the North boundary line of said Section 27; 5-16 thence S. 89 38' E. along the North boundary line of said Section 5-17 27, a distance of 40.00 feet to the point of beginning, containing 5-18 an area of 2,958.60 acres, more or less. 5-19 LESS AND EXCEPT five parcels of land described as follows: 5-20 1. A 319.084-acre tract of land situated in Sections Nos. 51 5-21 and 52, Block No. 2, A. B. and M. Survey, Potter County, Texas, 5-22 more particularly described as follows: 5-23 BEGINNING at the Northeast corner of said Section No. 52, 5-24 being the common corner of Sections Nos. 51, 52, 37, and 38; 5-25 Thence South 0 24'00" West along the east side of said 5-26 Section No. 52 a distance of 1617.27 feet to a point; 6-1 Thence South 80 13'07" West a distance of 2694.13 feet to a 6-2 point; 6-3 Thence North 0 00'38" East a distance of 5507.39 feet to a 6-4 point; 6-5 Thence South 86 48'45" East a distance of 2692.34 feet to a 6-6 point; 6-7 Thence South 0 24'00" West along the east side of Section No. 6-8 51 a distance of 3282.84 feet to the Southeast corner of said 6-9 Section No. 51, being also the Northeast corner of said Section No. 6-10 52 and the point and place of beginning and containing 319.084 6-11 acres, more or less. 6-12 2. A 731.163 acre tract of land situated in Sections Nos. 6-13 37, 38, 39, and 40, Block No. 2, A. B. & M. Survey, Potter County, 6-14 Texas, more particularly described as follows: 6-15 BEGINNING at the Southwest corner of said Section No. 38, 6-16 being the common corner of Sections Nos. 37, 38, 51, and 52; 6-17 THENCE North 0 24'00" East a distance of 3,282.72 feet to a 6-18 point; 6-19 Thence South 86 48'45" East a distance of 2,703.06 feet to a 6-20 point; 6-21 Thence North 0 17'00" East a distance of 2,107.90 feet to a 6-22 point; 6-23 Thence North 89 43'00" West a distance of 1,400.00 feet to a 6-24 point; 6-25 Thence North 43 45'00" West a distance of 1,927.00 feet to a 6-26 point; 7-1 Thence North 0 24'00" East a distance of 5,520.30 feet to a 7-2 point; 7-3 Thence North 69 46'00" East a distance of 1,133.63 feet to a 7-4 point; 7-5 Thence South 0 24'00" West a distance of 2,784.00 feet to a 7-6 point; 7-7 Thence South 89 36'00" East a distance of 361.15 feet to a 7-8 point; 7-9 Thence South 0 24'00" West a distance of 2,286.00 feet to a 7-10 point; 7-11 Thence South 89 36'00" East a distance of 480.00 feet to a 7-12 point; 7-13 Thence South 0 24'00" West a distance of 873.40 feet to a 7-14 point; 7-15 Thence South 89 36'00" East a distance of 485.00 feet to a 7-16 point; 7-17 Thence South 0 24'00" West a distance of 1,170.00 feet to a 7-18 point; 7-19 Thence South 89 43'00" East a distance of 2,931.65 feet to a 7-20 point; 7-21 Thence South 0 37'35" West a distance of 5,419.59 feet to a 7-22 point; 7-23 Thence North 89 56'48" West a distance of 3,750.72 feet to a 7-24 point; 7-25 Thence South 0 24'00" West a distance of 350.00 feet to a 7-26 point; 8-1 Thence North 89 56'48" West a distance of 1,500.00 feet to a 8-2 point; 8-3 Thence North 0 24'00" East a distance of 350.00 feet to the 8-4 Southwest corner of said Section No. 38, being the common corner of 8-5 Sections Nos. 37, 38, 51, and 52, and also being the point and 8-6 place of beginning and containing 731.163 acres, more or less. 8-7 3. A tract of land situate in Section 27, Block 2, A. B. and 8-8 M. Survey, Potter County, Texas, and being more particularly 8-9 described as follows: 8-10 Commencing at the Section corner common to Sections 18, 19, 8-11 26, and 27, Block 2, A. B. and M. Survey, Potter County, Texas; 8-12 thence N. 89 28' W., a distance of 40 feet to a point on the 8-13 Westerly right-of-way line of Farm Market Road 1912; thence S. 8-14 00 24' W., along said Westerly right-of-way line of Farm Market 8-15 Road 1912, a distance of 1071.51 feet to the point of beginning of 8-16 herein described tract; thence S. 00 24' W., a distance of 2640 8-17 feet to a point; thence N. 89 36' W., a distance of 1680 feet to a 8-18 point; thence S. 00 24' W., a distance of 250 feet to a point; 8-19 thence N. 87 30' W., a distance of 2860 feet to a point; thence N. 8-20 03 41'03" E., a distance of 2346.19 feet to a point; thence N. 8-21 69 46' E., a distance of 3725.92 feet to a point; thence S. 00 24' 8-22 W., a distance of 867.05 feet to a point; thence S. 89 36' E., a 8-23 distance of 886 feet to the point of beginning, containing an area 8-24 of 299.32 acres, more or less. 8-25 4. A 24.873-acre tract situated in Section No. 28, Block 2, 8-26 A. B. and M. Survey, Potter County, Texas, more particularly 9-1 described as follows: 9-2 Commencing at the Southwest corner of Section 28, Block No. 9-3 2, A. B. & M. Survey, in Potter County, Texas, and running thence 9-4 due North along the West line of said Section 28, 3186.46 feet to a 9-5 point; thence N 89 56' 25" E 755.75 feet to the point of beginning 9-6 of the parcel of land herein described; thence N 00 03' 35" W 9-7 695.56 feet to a point; thence along a curve to the right, with a 9-8 long chord of 84.84 feet bearing N 34 23' 04" E, a radius of 75.00 9-9 feet and a central angle of 68 53' 18", an arc distance of 90.17 9-10 feet to a point; thence N 68 49' 43" E 680.62 feet to a point; 9-11 thence N 21 10' 17" W 150.00 feet to a point; thence N 68 49' 43" 9-12 E 300.00 feet to a point; thence S 21 10' 17" E 341.81 feet to a 9-13 point; thence along a curve to the right, with a long chord of 9-14 644.80 feet bearing S 10 36' 56" E, a radius of 1759.90 feet and a 9-15 central angle of 21 06' 42", an arc distance of 648.47 feet to a 9-16 point; thence along a curve to the left, with a long chord of 9-17 222.77 feet bearing S 06 07' 50" E, a radius of 1053.23 feet and a 9-18 central angle of 12 08' 29", an arc distance of 223.19 feet to a 9-19 point; thence S 77 03' 52" W 219.60 feet to a point; thence along 9-20 a curve to the right, with a long chord of 195.72 feet bearing S 9-21 83 30' 09" W, a radius of 872.73 feet and a central angle of 12 9-22 52' 33", an arc distance of 196.12 feet to a point; thence S 89 9-23 56' 25" W 13.00 feet to a point; thence along a curve to the right, 9-24 with a long chord of 49.50 feet bearing N 45 03' 35" W, a radius 9-25 of 35.00 feet and a central angle of 90 00', an arc distance of 9-26 54.98 feet to a point; thence N 00 03' 35" W 3.50 feet to a point; 10-1 thence S 89 56' 25" W 34.00 feet to a point; thence along a curve 10-2 to the right, with a long chord of 49.50 feet bearing S 44 56' 25" 10-3 W, a radius of 35.00 feet and a central angle of 90 00', an arc 10-4 distance of 54.98 feet to a point; thence S 00 03' 35" E 17.00 10-5 feet to a point; thence S 89 56' 25" W 648.00 feet to the point of 10-6 beginning, containing 24.873 acres of land, more or less. 10-7 5. A 21.881-acre tract situated in Section No. 28, Block 2, 10-8 A. B. and M. Survey, Potter County, Texas, more particularly 10-9 described as follows: 10-10 Commencing at the Southwest corner of Section 28, Block No. 10-11 2, A. B. and M. Survey, in Potter County, Texas, and running 10-12 thence due North along the West line of said Section 28, 1276.74 10-13 feet to a point; thence North 89 56' 25" E 832.57 feet to the 10-14 point of beginning of the parcel of land herein described; thence N 10-15 00 03' 35" W 150.00 feet to a point; thence N 89 56' 25" E 8.66 10-16 feet to a point; thence along a curve to the right, with a long 10-17 chord of 358.81 feet bearing S 77 18' 35" E, a radius of 812.90 10-18 feet and a central angle of 25 30' 00", an arc distance of 361.79 10-19 feet to a point; thence S 64 33' 35" E 119.42 feet to a point; 10-20 thence along a curve to the left, with a long chord of 202.63 feet 10-21 bearing N 19 01' 32" E, a radius of 2246.04 feet and a central 10-22 angle of 05 10' 15", an arc distance of 202.70 feet to a point; 10-23 thence S 73 33' 35" E 164.51 feet to a point; thence N 16 26' 25" 10-24 E 48.50 feet to a point; thence S 73 33' 35" E 483.99 feet to a 10-25 point; thence S 16 26' 25" W 48.50 feet to a point; thence along a 10-26 curve to the right, with a long chord of 357.82 feet bearing S 20 11-1 00' 24" W, a radius of 2876.24 feet and a central angle of 07 07' 11-2 57", an arc distance of 358.05 feet to a point; thence S 66 25' 11-3 38" E 101.50 feet to a point; thence along a curve to the right, 11-4 with a long chord of 157.95 feet bearing S 25 05' 33" W, a radius 11-5 of 2977.74 feet and a central angle of 03 02' 22", an arc distance 11-6 of 157.96 feet to a point; thence N 63 23' 16" W 101.50 feet to a 11-7 point; thence along a curve to the right, with a long chord of 11-8 141.95 feet bearing S 28 01' 35" W, a radius of 2876.24 feet and a 11-9 central angle of 02 49' 41", an arc distance of 141.97 feet to a 11-10 point; thence S 29 26' 25" W 54.29 feet to a point; thence along a 11-11 curve to the left, with a long chord of 333.00 feet bearing S 15 11-12 54' 01" W, a radius of 711.15 feet and a central angle of 27 04' 11-13 49", an arc distance of 336.12 feet to a point; thence S 89 56' 11-14 25" W 657.27 feet to a point; thence N 42 03' 35" W 253.49 feet to 11-15 a point; thence along a curve to the left with a long chord of 11-16 467.54 feet bearing N 39 24' 52" E, a radius of 2246.04 feet and a 11-17 central angle of 11 56' 54", an arc distance of 463.71 feet to a 11-18 point; thence along a curve to the left, with a long chord of 11-19 163.46 feet bearing N 31 21' 18" E, a radius of 2246.04 feet and a 11-20 central angle of 04 10' 15", an arc distance of 163.50 feet to a 11-21 point; thence N 64 33' 35" W 119.42 feet to a point; thence along 11-22 a curve to the left, with a long chord of 226.39 feet bearing N 77 11-23 18' 35" W, a radius of 512.90 feet and a central angle of 25 30', 11-24 an arc distance of 228.27 feet to a point; thence S 89 56' 25" W 11-25 8.66 feet to a point; thence N 00 03' 35" W 150.00 feet to the 11-26 point of beginning, containing 21.881 acres of land, more or less. 12-1 LEAVING A NET AREA OF 1,562.279 acres, more or less. 12-2 SECTION 6. EFFECTIVE DATE. This Act takes effect 12-3 immediately if it receives a vote of two-thirds of all the members 12-4 elected to each house, as provided by Section 39, Article III, 12-5 Texas Constitution. If this Act does not receive the vote 12-6 necessary for immediate effect, this Act takes effect September 1, 12-7 2001.