79R8039 PAM-D

By:  Armbrister                                                   S.B. No. 1165


A BILL TO BE ENTITLED
AN ACT
relating to authorizing the City of Aransas Pass to acquire certain state property. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The City of Aransas Pass may acquire the right, title, and interest in and to the use of the real property described by Section 4 of this Act in exchange for real property described by Section 5 of this Act. SECTION 2. Simultaneously with the conveyance of real property described by Section 5 of this Act by the City of Aransas Pass, the commissioner of the General Land Office shall convey on behalf of the state the state's right, title, and interest in and to the use of the property described by Section 4 of this Act. SECTION 3. The legislature finds that the real property described by Section 5 of this Act has a fair market value equal to the fair market value of the real property described by Section 4 of this Act. SECTION 4. The real property referred to in Sections 1 and 2 of this Act is the following described land and sea bottom below high tide: Beginning at the Northwest corner of the BBB&C R.R. survey, Scrip 220, on the West shore of Red Fish Bay in Aransas County, Texas; Thence East across said Red Fish Bay with the North boundary lines of half sections 279, 278, 277, 276, 275, 274, and 273, State Oil Lease Surveys in and under Red Fish Bay in Nueces County, Texas, to a point on the East shore of the island known as Shell Bank, a distance of about three and one-eight (3-1/8) miles; Thence along and with the east side or bank of Morris and Cunnings Channel, extended, in a southwesterly direction, to the Corpus Christi ship channel, a distance of about seven (7) miles; Thence along and with the North side or bank of said Corpus Christi ship channel in a westerly direction to the Southwest corner of the Aransas Pass Independent School District, a distance of about two and three-quarters (2-3/4) miles; Thence North across what is known as Dagger Point and Red Fish Cove to a corner of said Aransas Pass Independent School District on the eastern shore of Red Fish Cove and Red Fish Bay, on the San Patricio and Nueces County lines, a distance of about one and three-eights (1-3/8) miles; Thence in a Northeasterly direction along and with the shore line of Red Fish Bay, a distance of about six and one-quarter (6-1/4) miles to the place of beginning; EXCEPTED from the area hereinabove described are those parts of, Surveys Nos. 650, 651, and 652 therein and heretofore patented to the Aransas Pass Channel and Dock Company, now known as the Aransas Dock and Channel Company of Aransas Pass, Texas. All of the minerals in the above described land and sea bottom are reserved to the State, and the right of ingress and egress into, over and on said area is reserved by the State and assented to by the City of Aransas Pass, Texas, for the use and benefit of the State and any lessee of the State in developing and producing oil, gas and other minerals from said area. SECTION 5. The real property described in Sections 1 and 2 of this Act is the following described land and sea bottom below high tide: Beginning in the North line of a survey in the name of Wm. Docker, assignee of Lewis Von Zacharias as called for by Letters Patent issued February 7th, 1842, Abstract No. 272, said point being in the Southeast line of State F. M. Road No. 2725; THENCE, with the North line of said Wm. Docker Survey, Abstract No. 272, N. 88 deg. 27 min. 53 sec. East 1013.81 feet set a 2 inch iron pipe and a cedar post for the Northeast corner of said Wm. Docker Survey and a corner of this tract; THENCE, S. 21 deg. 12 min. 53 sec. West 166.67 feet along the Southeast line of said Docker Survey to the Northwest corner of a survey made in the name of Samuel Kenney, Abstract No. 182 as called for in Letters Patent dated Dec. 4th, 1907; THENCE, N. 88 deg. 27 min. 53 sec. East along the North line of said Samuel Kenney Survey at 2247.22 feet the Northeast corner of said Kenney Survey, and an internal corner of the Edmond St. John Survey, Abstract No. 250, as called for by Letters Patent dated July 17th, 1880, and continuing along same course a total distance of 3533.19 feet to the East line of said Edmond St. John Survey in the shoreline of Red Fish Bay for the Northeast corner of this tract; THENCE, S. 35 deg. 27 min. 53 sec. West along the shoreline 1089.37 feet; THENCE, S. 01 deg. 32 min. 07 sec. West along the shoreline 305.55 feet; THENCE, S. 30 deg. 27 min. 53 sec. West along the shoreline 26.41 feet to the Southeast corner of this tract; THENCE, S. 88 deg. 27 min. 53 sec. West 2905.53 feet to the most Southerly Southwest corner of this tract; THENCE, N. 01 deg. 32 min. 07 sec. East 1097.95 feet to a corner in the Southeast line of said Wm. Docker Abstract No. 272; THENCE, N. 46 deg. 02 min. 07 sec. West 215.5 feet to a corner; THENCE, S. 88 deg. 27 min. 53 sec. West 829.05 feet to a corner, the most Westerly Southwest corner of this tract in the Southeast boundary line of State F. M. Road No. 2725; THENCE, N. 34 deg. 28 min. 19 sec. East along said road boundary line 123.62 feet to the POINT OF BEGINNING, containing 89.5288 acres, more or less, and being partly out of the Wm. Docker Survey Abstract No. 272, partly out of the Edmond St. John Survey Abstract No. 250 and partly out of the Samuel Kenney Survey Abstract No. 182; SAVE AND EXCEPT THEREFROM the area contained in a narrow strip out of the Northeast corner of the Wm. Docker Survey, Abstract No. 272, which is more fully described in one certain Warranty Deed dated January 15, 1969, executed by INGLESIDE LAND COMPANY, to NATIONAL STEEL CORPORATION, recorded in Volume 382, Page 452, Deed Records, San Patricio County, Texas, reference here being made to Exhibit A, Tract 10, and being page 9 of said deed, for all purposes. EXCEPTIONS: (1) Right-of-way Easement executed by SAN PATRICIO COUNTY NAVIGATION DISTRICT No. 1, to CENTRAL POWER AND LIGHT COMPANY, dated June 17, 1982, recorded in Volume 650, Page 493, Deed Records, San Patricio County, Texas. (2) Any visible and apparent roadways or easements over or across the subject property, the existence of which does not appear of record. (3) Spoils Disposal Easement granted by INGLESIDE LAND COMPANY, to Nueces County Navigation District No. 1, by instrument dated April 22, 1952, recorded in Volume 177, Page 07, Deed Records, San Patricio County, Texas. (4) Those certain erosions thereof by the water of Red Fish Bay and/or Red Fish Cove. (5) Easement executed by INGLESIDE LAND COMPANY, to UNITED STATES OF AMERICA, for the Gulf Intracoastal Waterway, dated September 11, 1958. (6) Any and all easements and sites for storage tanks, separators, flow lines and roadways in the development and operation of outstanding Mineral Lease recorded in Volume 173, Page 468, Deed Records, San Patricio County, Texas. (7) Pipeline Right-of-way dated December 11, 1950, executed by INGLESIDE LAND COMPANY, to HUMBLE PIPE LINE COMPANY, recorded in Volume 168, Page 192, Deed Records, San Patricio County, Texas. (8) Pipeline Right-of-way dated June 8, 1965, executed by INGLESIDE LAND COMPANY, to SHELL OIL COMPANY, recorded in Volume 318, Page 144, Deed Records, San Patricio County, Texas. (9) Reservation of all of the oil, gas and other minerals by virtue of the wording "Surface Estate Only" in Deed dated January 15, 1969, executed by INGLESIDE LAND COMPANY, to NATIONAL STEEL CORPORATION, recorded in Volume 382, Page 452 et seq., Deed Records, San Patricio County, Texas. Title to said interest not investigated subsequent to said date. SECTION 6. 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, 2005.