S.B. No. 982AN 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.______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 982 passed the Senate on April 10, 2003, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 982 passed the House on May 6, 2003, by the following vote: Yeas 143, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor