By: Hughes (Senate Sponsor - Eltife) H.B. No. 3688

(In the Senate - Received from the House April 30, 2007; May 2, 2007, read first time and referred to Committee on Criminal Justice; May 18, 2007, reported favorably by the following vote: Yeas 5, Nays 0; May 18, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of certain state property from the Texas Department of Criminal Justice to the City of Winnsboro.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) Not later than October 31, 2007, the Texas Department of Criminal Justice shall transfer to the City of Winnsboro, for consideration to which the parties mutually agree, the real property described by Subsection (d) of this section.

(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 Winnsboro 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 Winnsboro 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 if the City of Winnsboro no longer uses the property for a purpose that benefits the public interest of the state.

(c) The Texas Department of Criminal Justice shall transfer the property 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 Winnsboro 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 if the City of Winnsboro no longer uses the property for a purpose that benefits the public interest of the state.

(d) The real property to which Subsection (a) of this section refers consists of two tracts of land described as follows:

(1) Tract 1 consists of 21.423 acres out of the Gray B. King Survey located in Wood County and further described as follows: All that certain tract or parcel of land situated in the County of Wood, State of Texas, being in the Gray B. King Survey, Abstract No. 3, and being a portion of that 2.226 acre Tract One and a portion of that 36.154 acre Tract Four, both conveyed from Wood County to Texas Department of Criminal Justice and recorded in Volume 1319, page 147, being a portion of that 2.1 acre tract conveyed from Wood County to Texas Department of Criminal Justice and recorded in Volume 1319, page 145, being a portion of that 21.3 acre tract conveyed from Wood County to Texas Department of Criminal Justice and recorded in Volume 1319, page 152, being a portion of that 98 acre Tract One and a portion of that 47.815 acre Tract Two, both conveyed from Wood County to Texas Department of Criminal Justice and recorded in Volume 1319, page 140, and being a portion of that 6.360 acre tract conveyed from Wood County to Texas Department of Criminal Justice and recorded in Volume 1319, page 150, all of the Real Property Records of said county and bounded as follows: Beginning at a ½" steel rod found in the curve of Wood County Road No. 4608 (now abandoned) and being the southeast corner of the above mentioned 21.3 acre tract, also being the southwest corner of a 27.90 acre tract conveyed to the City of Winnsboro and recorded in Volume 624, page 105 of the Deed Records of said county, same being in the north boundary line of a 99.273 acre tract conveyed to the City of Winnsboro and recorded in Volume 1490, page 357 of the Real Property Records of said county; Thence South 89 deg. 05 min. 44 sec. West, with said abandoned county road, 847.63 feet to a ½" steel rod found at the southwest corner of the above mentioned 21.3 acre tract, and being the southeast corner of the above mentioned 98 acre Tract One; Thence South 89 deg. 29 min. 55 sec. West, continuing with said abandoned county road, 829.80 feet to a steel spike found at the northeast corner of a 20.83 acre tract conveyed to Carl Welch et al and recorded in Volume 1154, page 680 of the Real Property Records of said county, same being the northwest corner of the 99.273 acre City of Winnsboro tract; Thence South 89 deg. 21 min. 40 sec. West, continuing with said abandoned count road, with the north boundary line of the 20.83 acre tract (Vol. 1154, pg. 680), with the north boundary line of a 20.83 acre tract (Vol. 1154, pg. 684), and with the north boundary line of a 20.83 acre tract (Vol. 1154, pg. 676), for a distance of 702.75 feet to a 3/8" steel rod found at the southwest corner of the 98 acre Texas Department of Criminal Justice tract and being the southeast corner of the 47.815 acre Texas Department of Criminal Justice tract; Thence South 89 deg. 26 min. 50 sec. West, continuing with said abandoned county road, 197.23 feet to a railroad spike found at the lower southwest corner of the 47.815 acre tract, and being the southeast corner of the above mentioned 6.360 acre tract, same being in the north boundary line of a 31.1 acre tract conveyed to Jerry David Jackson et al and recorded in Volume 704, page 637 of the Deed Records of said county; Thence South 89 deg. 26 min. 16 sec. West, continuing with said abandoned county road, 0.29 feet to a typical steel rod set (typical steel rod is a ½" by 24" rebar with surveyor's cap marked "Noble") in the north boundary line of the 31.1 acre Jackson tract; Thence North 0 deg. 36 min. 30 sec. West, 0.16 feet to a typical steel rod set in the south right-of-way line of relocated Wood County Road No. 4608; Thence North 89 deg. 23 min. 30 sec. East, with the south right-of-way line of said relocated county road, 1200.00 feet to a typical steel rod set at the beginning of a curve to the left; Thence in a northeasterly direction continuing with said county road right-of-way line and along said curve: Radius=1492.40 feet, Long Chord bears North 53 deg. 06 min. 08 sec. East, 1766.59 feet, through a Central Angle of 72 deg. 34 min. 27 sec., for an Arc Length of 1890.48 feet to a typical steel rod set in the east right-of-way line of F.M. Highway No. 3530; Thence North 16 deg. 49 min. 03 sec. East, with said highway right-of-way line, 1434.14 feet to a typical steel rod set in the north boundary line of the 2.226 acre Texas Department of Criminal Justice tract and being in the south boundary line of a 1.974 acre tract conveyed from Tommy Ray Clay et ux to Wood County and recorded in Volume 1284, page 308 of the Real Property Records of said county; Thence South 83 deg. 10 min. 02 sec. East, with the south boundary line of the 1.974 acre Wood County tract, 114.39 feet to a ½" steel rod found for an angle point; Thence South 82 deg. 57 min. 53 sec. East, 200.38 feet to a 60 d nail found at the southeast corner of the 1.974 acre tract and being the northeast corner of the 2.226 acre Texas Department of Criminal Justice tract, same being in the centerline of Wood County Road No. 4608 (now abandoned), and being in the west boundary line of the 27.90 acre City of Winnsboro tract; Thence South 18 deg. 42 min. 44 sec. West, with said abandoned county road, 255.06 feet to a 60 d nail found at the southeast corner of the said 2.226 acre tract, and being the northeast corner of the 36.154 acre Texas Department of Criminal Justice tract; Thence South 18 deg. 38 min. 50 sec. West, continuing with said abandoned county road, 734.22 feet to a ½" steel pipe found at the southeast corner of the 2.1 acre Texas Department of Criminal Justice tract, and being a lower northeast corner of the 36.154 acre Texas Department of Criminal Justice tract; Thence South 16 deg. 59 min. 43 sec. West, continuing with said abandoned county road, 638.94 feet to a 60 d nail found at the southeast corner of the 36.154 acre tract and being the lower northeast corner of the 21.3 acre Texas Department of Criminal Justice tract; Thence South 17 deg. 21 min. 12 sec. West, continuing with said abandoned county road, 869.07 feet to the place of beginning and containing 21.423 acres of land.

(2) Tract 2 consists of 2.30 acres out of the Gray B. King Survey located in Wood County and further described as follows: All that certain tract or parcel of land situated in the County of Wood, State of Texas, being in the Gray B. King Survey, Abstract No. 3, being a portion of that 43.815 acre tract conveyed from Wood County to Texas Department of Criminal Justice and recorded in Volume 1319, page 137, and being a portion of that 0.352 acre Tract Two conveyed from Wood County to Texas Department of Criminal Justice and recorded in Volume 1319, page 154, both of the Real Property Records of said county and bounded as follows: Beginning at a ½" steel pipe found in the west side of Wood County Road No. 4608 (now abandoned), same being the southwest corner of a 4.32 acre tract conveyed to the City of Winnsboro and recorded in Volume 624, page 112 of the Deed Records of said county, same being the upper southeast corner of the above mentioned 43.815 acre tract; Thence North 84 deg. 36 min. 17 sec. West, with the south boundary line of the 43.815 acre tract, 29.73 feet to a typical steel rod set (typical steel rod is a ½" by 24" rebar with surveyor's cap marked "Noble") in the east right-of-way line of F.M. Highway No. 3530; Thence North 16 deg. 49 min. 03 sec. East, with said highway right-of-way line, 604.38 feet to a ½" steel rod found at the beginning of a curve to the right; Thence in a northeasterly direction continuing with said highway right-of-way line and along said curve: Radius=894.93 feet, Long Chord bears North 38 deg. 09 min. 29 sec. East, 651.35 feet, through a Central Angle of 42 deg. 40 min. 52 sec., for an Arc Length of 666.66 feet to a ½" steel rod found at the end of said curve; Thence North 59 deg. 29 min. 55 sec. East, continuing with said highway right-of-way line, 112.62 feet to a typical steel rod set in the west line of the above mentioned abandoned county road and being in the east boundary line of the said 0.352 acre tract, same being in the west boundary line of an 18 acre tract conveyed to J.L. Mullinax and recorded in Volume 169, page 23 of the Deed Records of said county, said corner lies South 17 deg. 12 min. 56 sec. West, 59.97 feet from the northeast corner of the 0.352 acre tract; Thence South 17 deg. 12 min. 56 sec. West, with the west line of said abandoned county road, passing the southeast corner of the 0.352 acre tract, same being the northeast corner of the 43.815 acre tract, and continuing along same course for a total distance of 378.14 feet to a ½" steel rod found for a corner; Thence South 72 deg. 54 min. 13 sec. West, continuing with said right-of-way line of said abandoned county road, 350.00 feet to a 5/8" steel rod found at the northwest corner of the 4.32 acre City of Winnsboro tract; Thence South 16 deg. 06 min. 32 sec. West, continuing along said right-of-way line of said abandoned county road, 714.62 feet to the place of beginning and containing 2.30 acres of land. NOTE: Bearings shown hereon are "true bearings" as determined by solar observation.

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, 2007.

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