By: Whitmire S.B. No. 982
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain state property and the granting
of certain state easements from the Texas Department of Criminal
Justice and the Department of Public Safety of the State of Texas to
the City of Houston.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Before November 1, 2003, the Texas
Department of Criminal Justice and the Department of Public Safety
of the State of Texas shall transfer to the City of Houston, for
consideration to which the parties mutually agree, certain
interests in the real property described by Subsection (d) of this
section, including any improvements affixed to the property.
(b) Consideration for the transfer authorized by Subsection
(a) of this section may be in the form of an agreement between the
parties that requires the City of Houston to use the property for a
purpose that benefits the public interest of the state. If the
consideration for the transfer is in the form of an agreement
described by this subsection:
(1) the City of Houston may use the property
transferred under this Act only for a purpose that benefits the
public interest of the state; and
(2) ownership of the property automatically reverts to
the Texas Department of Criminal Justice and the easements granted
by the Department of Public Safety of the State of Texas and the
Texas Department of Criminal Justice automatically terminate if the
City of Houston no longer uses the property for a purpose that
benefits the public interest of the state.
(c) The Texas Department of Criminal Justice and the
Department of Public Safety of the State of Texas shall transfer
certain ownership and easement interests in the property described
by Subsection (d) of this section by an appropriate instrument of
transfer. If the consideration for the transfer is in the form of
an agreement described by Subsection (b) of this section, the
instrument of transfer must include a provision that:
(1) requires the City of Houston to use the property
for a purpose that benefits the public interest of the state; and
(2) indicates that ownership of the property
automatically reverts to the Texas Department of Criminal Justice
to the extent of the department's former interest in the property
and the easements granted by the Department of Public Safety of the
State of Texas and the Texas Department of Criminal Justice
automatically terminate if the City of Houston no longer uses the
property for a purpose that benefits the public interest of the
state.
(d) The real property to which Subsections (a) and (c) of
this section refer is described as follows:
Fee Simple Tract:
Being a tract or parcel containing 0.0650 acre (2,834 square
feet) of land situated in the H. Reinerman Survey, Abstract Number
644, City of Houston, Harris County, Texas, being out of and a part
of Tract 1, Block 2 of BROOKHOLLOW/HOUSTON, SECTION ONE, a
subdivision of record in Volume 144, Page 79, Harris County Map
Records (H.C.M.R.), and being out of and a part of a called 197,847
square foot tract conveyed to the State of Texas Department of
Public Safety by deed recorded under Harris County Clerks File
(H.C.C.F.) Number C580248, said 0.0650 acre tract being more
particularly described as follows (bearings are oriented to the
bearing base reflected in the record plat of said
BROOKHOLLOW/HOUSTON, SECTION ONE):
COMMENCING at a point in the northeasterly right-of-way
(R.O.W.) line of the Northwest Freeway (U.S. 290)(350 feet wide),
for the southerly corner of a called 1.6233 acre tract conveyed to
Joseph S. Dimare III, Trustee for Dacoma 290 Trust by deed recorded
under H.C.C.F. Number R805256, said point for the most southerly
west corner of said called 197,847 square foot tract, from which a
found 5/8 inch iron rod bears South 36°24" West, 0.24 feet;
THENCE, South 44°54'53" East, along the northeasterly R.O.W.
line of said Northwest Freeway, a distance of 8.00 feet (2.880
varas) to a magnetic nail set for reference;
THENCE, North 45°05'07" East, departing said northeasterly
R.O.W. line, a distance of 140.75 feet (50.670 varas) to a magnetic
nail set for reference;
THENCE, South 44°54'53" East, a distance of 24.00 feet (8.640
varas) to a magnetic nail set marking the POINT OF BEGINNING and
northerly corner of the herein described tract;
THENCE, continuing South 44°54'53" East, a distance of 55.83
feet (20.099 varas) to a magnetic nail set marking the easterly
corner of the herein described tract;
THENCE, South 45°05'07" West, a distance of 50.75 feet (18.270
varas) to a magnetic nail set marking the southerly corner of the
herein described tract;
THENCE, North 44°54'53" West, a distance of 55.83 feet (20.099
varas) to a cross in concrete set marking the westerly corner of the
herein described tract;
THENCE, North 45°05'07" East, a distance of 50.75 feet (18.270
varas) to the POINT OF BEGINNING and containing 0.0650 acre (2,834
square feet) of land. This description is based on a Standard
Boundary Survey and plat prepared by GeoSurv, LLC, dated March 10,
2003, and revised March 14, 2003.
Access Easement Tract:
Being a tract or parcel containing 0.0776 acre (3,378 square
feet) of land situated in the H. Reinerman Survey, Abstract Number
644, City of Houston, Harris County, Texas, being out of and a part
of Tract 1, Block 2 of BROOKHOLLOW/HOUSTON, SECTION ONE, a
subdivision of record in Volume 144, Page 79, Harris County Map
Records (H.C.M.R.), and being out of and a part of a called 197,847
square foot tract conveyed to the State of Texas Department of
Public Safety by deed recorded under Harris County Clerks File
(H.C.C.F.) Number C580248, said 0.0775 acre tract being more
particularly described as follows (bearings are oriented to the
bearing base reflected in the record plat of said
BROOKHOLLOW/HOUSTON, SECTION ONE):
COMMENCING at a point in the northeasterly right-of-way
(R.O.W.) line of the Northwest Freeway (U.S. 290)(350 feet wide),
for the southerly corner of a called 1.6233 acre tract conveyed to
Joseph S. Dimare III, Trustee for Dacoma 290 Trust by deed recorded
under H.C.C.F. Number R805256, said point for the most southerly
west corner of said called 197,847 square foot tract, from which a
found 5/8 inch iron rod bears South 36°24" West, 0.24 feet;
THENCE, South 44°54'53" East, along the northeasterly R.O.W.
line of said Northwest Freeway, a distance of 8.00 feet (2.880
varas) to a magnetic nail set marking the POINT OF BEGINNING and
westerly corner of the herein described tract;
THENCE, North 45°05'07" East, departing said northeasterly
R.O.W. line, a distance of 140.75 feet (50.670 varas) to a magnetic
nail set marking the northerly corner of the herein described
tract;
THENCE, South 44°54'53" East, a distance of 24.00 feet (8.640
varas) to a magnetic nail set marking the easterly corner of the
herein described tract;
THENCE, South 45°05'07" West, a distance of 140.75 feet
(50.670 varas) to a 5/8 inch iron rod with cap found in the
aforesaid northeasterly R.O.W. line of the Northwest Freeway,
marking the southerly corner of the herein described tract;
THENCE, North 44°54'53" West, along the northeasterly R.O.W.
line of said Northwest Freeway, a distance of 24.00 feet (8.640
varas) to the POINT OF BEGINNING and containing 0.0776 acre (3,378
square feet) of land. This description is based on a Standard
Boundary Survey and plat prepared by GeoSurv, LLC, dated March 10,
2003, and revised March 14, 2003.
Utility Easement Tract:
Being a tract or parcel containing 240 square feet of land
situated in the H. Reinerman Survey, Abstract Number 644, City of
Houston, Harris County, Texas, being out of and a part of Tract 1,
Block 2 of BROOKHOLLOW/HOUSTON, SECTION ONE, a subdivision of
record in Volume 144, Page 79, Harris County Map Records
(H.C.M.R.), and being out of and a part of a called 197,847 square
foot tract conveyed to the State of Texas Department of Public
Safety by deed recorded under Harris County Clerks File (H.C.C.F.)
Number C580248, said 240 square foot tract being more particularly
described as follows (bearings are oriented to the bearing base
reflected in the record plat of said BROOKHOLLOW/HOUSTON, SECTION
ONE):
COMMENCING at a point in the northeasterly right-of-way
(R.O.W.) line of the Northwest Freeway (U.S. 290)(350 feet wide),
for the southerly corner of a called 1.6233 acre tract conveyed to
Joseph S. Dimare III, Trustee for Dacoma 290 Trust by deed recorded
under H.C.C.F. Number R805256, said point for the most southerly
west corner of said called 197,847 square foot tract, from which a
found 5/8 inch iron rod bears South 36°24" West, 0.24 feet;
THENCE, South 44°54'53" East, along the northeasterly R.O.W.
line of said Northwest Freeway, a distance of 8.00 feet (2.880
varas) to a magnetic nail set for reference;
THENCE, North 45°05'07" East, departing said northeasterly
R.O.W. line, a distance of 130.75 feet (50.670 varas) to the POINT
OF BEGINNING and westerly corner of the herein described tract;
THENCE, continuing North 45°05'07" East, a distance of 10.00
feet (3.600 varas) to a magnetic nail set marking the northerly
corner of the herein described tract;
THENCE, South 44°54'53" East, a distance of 24.00 feet (8.640
varas) to a magnetic nail set marking the easterly corner of the
herein described tract;
THENCE, South 45°05'07" West, a distance of 10.00 feet (3.600
varas) to a point for the southerly corner of the herein described
tract;
THENCE, North 44°54'53" West, a distance of 24.00 feet (8.640
varas) to the POINT OF BEGINNING and containing 240 square feet of
land. This description is based on a Standard Boundary Survey and
plat prepared by GeoSurv, LLC, dated March 10, 2003, and revised
March 14, 2003.
Access Easement Tract:
Being a tract or parcel containing 0.0269 ACRE (1,172 square
feet) of land situated in the H. Reinerman Survey, Abstract Number
644, City of Houston, Harris County, Texas, being out of and a part
of Tract 1, Block 2 of BROOKHOLLOW/HOUSTON, SECTION ONE, a
subdivision of record in Volume 144, Page 79, Harris County Map
Records (H.C.M.R.), and being out of and a part of a called 197,847
square foot tract conveyed to the State of Texas Department of
Public Safety by deed recorded under Harris County Clerks File
(H.C.C.F.) Number C580248, said 0.0269 acre tract being more
particularly described as follows (bearings are oriented to the
bearing base reflected in the record plat of said
BROOKHOLLOW/HOUSTON, SECTION ONE):
COMMENCING at a point in the northeasterly right-of-way
(R.O.W.) line of the Northwest Freeway (U.S. 290)(350 feet wide),
for the southerly corner of a called 1.6233 acre tract conveyed to
Joseph S. Dimare III, Trustee for Dacoma 290 Trust by deed recorded
under H.C.C.F. Number R805256, said point for the most southerly
west corner of said called 197,847 square foot tract, from which a
found 5/8 inch iron rod bears South 36°24" West, 0.24 feet;
THENCE, South 44°54'53" East, along the northeasterly R.O.W.
line of said Northwest Freeway, a distance of 32.00 feet (11.520
varas) to a 5/8 inch iron rod with cap found for reference;
THENCE, North 45°05'07" East, departing said northeasterly
R.O.W. line, a distance of 69.00 feet (24.840 varas) to a 5/8 inch
iron rod with cap set marking the POINT OF BEGINNING and westerly
corner of the herein described tract;
THENCE, continuing North 45°05'07" East, a distance of 21.00
feet (7.560 varas) to a point for the northerly corner of the herein
described tract;
THENCE, South 44°54'53" East, a distance of 55.83 feet (20.099
varas) to a point for the easterly corner of the herein described
tract;
THENCE, South 45°05'07" West, a distance of 21.00 feet (7.560
varas) to a magnetic nail set marking the southerly corner of the
herein described tract;
THENCE, North 44°54'53" West, a distance of 55.83 feet (20.099
varas) to the POINT OF BEGINNING and containing 0.0269 acre (1,172
square feet) of land. This description is based on a Standard
Boundary Survey and plat prepared by GeoSurv, LLC, dated March 10,
2003, and revised March 14, 2003.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.