By: Fraser S.B. No. 1533

(In the Senate - Filed March 8, 2007; March 20, 2007, read first time and referred to Committee on Government Organization; April 10, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; April 10, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1533 By: Nelson

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of certain state property from the Texas Department of Criminal Justice to Burnet County.

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

SECTION 1. (a) Not later than November 1, 2007, the Texas Department of Criminal Justice shall transfer to Burnet County the real property described by Subsection (d) of this section.

(b) Burnet County shall use the property transferred under this Act only for a purpose that benefits the public interest of the state. If Burnet County no longer uses the property for a purpose that benefits the public interest of the state, ownership of the property automatically reverts to the Texas Department of Criminal Justice.

(c) The Texas Department of Criminal Justice shall transfer the property by an appropriate instrument of transfer. The instrument of transfer must:

(1) include a provision that:

(A) requires Burnet County to use the property for a purpose that benefits the public interest of the state; and

(B) indicates that ownership of the property automatically reverts to the Texas Department of Criminal Justice if Burnet County no longer uses the property for a purpose that benefits the public interest of the state; and

(2) describe the property to be transferred by metes and bounds.

(d) The real property to which Subsection (a) of this section refers is described as follows: Field notes of a 75.00 acre tract of land out of the 300.00 acre Texas Department of Criminal Justice Tract recorded in Cabinet 2, Slide 49-C of the Burnet County Plat Records also being out of the 300.00 acres conveyed to Texas Department of Criminal Justice in Volume 608, Page 19 of the Official Public Records of Burnet County, Texas. The basis of bearing for this survey is the recorded plat of said Texas Department of Criminal Justice Tract. Beginning at a 1/2" steel stake found in the North right-of-way line of County Road 100 (Scenic Oaks Drive as shown on the plat of Oak Vista Subdivision recorded in Cabinet 1, Slides 183 C & D and 184 A & B of the Burnet County Plat Records, Burnet County, Texas) and the South line of that certain Tract No. 68 of said Oak Vista Subdivision for the Southwest corner of said 178.686 acre tract, the Southwest corner of said Texas Department of Criminal Justice Tract and the Southwest corner hereof; Thence leaving the North right-of-way line of said County Road and the South line of said Tract No. 68 with the West line of said 300.00 acre tract, the West line of said Texas Department of Criminal Justice Tract and the West line hereof North 13°01'53" West, at a distance of 3378.75 to a Cedar Fence Post Found in the South right-of-way line of Oak Vista Drive and the North line of Tract No. 59 of said Oak Vista Subdivision for the Northwest corner of said Texas Department of Criminal Justice Tract and the Northwest corner hereof; Thence with the South right-of-way line of said Oak Vista Drive, the North line of said 300.00 acre tract, the North line of said Texas Department of Criminal Justice Tract, and the North line hereof with (2) calls as follows: North 76°51'56" East, a distance of 698.12 feet (698.67) feet to a 1/2" steel stake found for an angle point hereof; Thence North 76°32'08" East, a distance of 3378.75 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 for the Northeast corner of this 75.00 acre tract. Thence along the East line of this 75.00 acre tract South 13°01'53" East, a distance of 3380.60 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 in the North right-of-way line of said County Road 100 for the Southeast corner hereof, from which a 1/2" steel stake found bears North 76°52'35" East, a distance of 482.76 feet; Thence with the North right-of-way line of said Scenic Oaks Drive and the South line of said Texas Department of Criminal Justice Tract and the South line hereof with (2) calls as follows: South 76°52'35" West, a distance of 686.48 feet to a 1/2" steel stake found for an angle point hereof; Thence South 76°54'09" West, a distance of 280.33 feet to the Place of Beginning.

THE ABOVE 75.00 ACRE TRACT BEING ACCOMPANIED BY THE FOLLOWING

70' WIDE ACCESS AND UTILITY EASEMENT

Field notes of a 70.00 foot wide Access and Utility Easement being 5.92 acres out of the 300.00 acre Texas Department of Criminal Justice Tract recorded in Cabinet 2, Slide 49-C of the Burnet County Plat Records also being out of the 300.00 acres conveyed to Texas Department of Criminal Justice in Volume 608, Page 19 of the Official Public Records of Burnet County, Texas. The basis of bearing for this survey is the recorded plat of said Texas Department of Criminal Justice Tract. Beginning at a 1/2" steel stake found lying on the East line of said 300.00 acre Texas Department of Criminal Justice Tract and at the Southwest corner of a 6.00 acre tract conveyed to Fluorine on Call, LTD. recorded in Volume 1034, Page 85 of the Official Public Records of Burnet County, Texas having a tie of N 12°59'10" W, 944.99 feet to a 1/2" steel stake found at the Northeast corner of said 300.00 acre tract. Thence along the East line of said 300.00 acre Texas Department of Criminal Justice Tract and the west line of a 29.227 acre remnant of 170.290 acres conveyed to the City of Burnet in Volume 565, Page 126 of the Official Public Records of Burnet County, Texas also being the West end of Ellen Halbert Drive an unrecorded City of Burnet street (L1) S13°00'00"E, 72.69 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 lying on the East line of said 300.00 acre Texas Department of Criminal Justice Tract and west line of said 29.237 acres. Thence leaving the East line of said 300.00 acre Texas Department of Criminal Justice Tract and along the Southerly line of this 70.00 foot wide Access Easement with 1/2" steel stakes set with plastic cap stamped R.P.L.S. 1877 with the next eight (8) calls as follows: (L2) N87°21'03"W, 470.72 feet to a curve (C2) to the right having a radius of 235.00 feet, a delta angle of 74°11'12", and a chord bearing and distance of S 50°15'28" E, 283.46 feet. Thence along said curve and arc distance of 304.28 feet to a point of tangency. Thence (L4) N 13°09'52" W, 235.10 feet to a curve (C4) to the left having a radius of 165.00 feet, a delta angle of 35°20'14", and a chord bearing and distance of N 30°49'58" W, 100.16 feet. Thence along said curve and arc distance of 101.76 feet to a point of tangency. Thence (L6) S 48°30'05" E, 257.66 feet to a curve to the left having a radius of 165.00 feet, a delta angle of 48°48'13", and a chord bearing and distance of N 79°02'05" W, 136.33 feet. Thence along said curve an arc distance of 140.54 feet to a point of tangency. Thence (L9) S 76°33'50" W, 226.79 feet; (L11) S 76°28'46" E, 1947.12 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 lying on the East line of the above described 75.00 acre tract. Thence along the East line of said 75.00 acre tract, N 13°01'53" E, 70.00 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 lying on the East line of said 75.00 acre tract and having a tie of N 13°01'53" W, 461.55' to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 being the Northeast corner of said 75.00 acre tract. Thence leaving the East line of said 75.00 acre tract and along the Northerly line of this 70.00 foot wide Access Easement (L12) N 76°28'46" E passing a cedar fence post found at an L corner of said 300.00 acres at 1328.57 feet in all 1946.58 feet to a 60 D nail in a cedar fence post found being an angle point on the north line of said 300.00 acre tract. Thence along said north line (L8) N 76°33'50" E, 226.84 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 and a curve to the right, having a radius of 235.00 feet, a delta angle of 49°47'52", and a chord bearing and distance of S 78°32'15" E, 197.88 feet. Thence along said curve an arc distance of 204.25 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877. Thence (L5) S 48°30'05" E, 261.08 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 and a curve (C3) to the right having a radius of 235.00 feet, a delta angle of 35°20'13", and a chord bearing and distance of S 30°49'58" E, 142.65 feet. Thence along said curve an arc distance of 144.94 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877. Thence (L7) S 13°09'52" E, 235.10 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 and a curve (C1) to the left having a radius of 165.00 feet, a delta angle of 74°11'13", and a chord bearing and distance of S 50°15'28" E, 199.03 feet. Thence along said curve an arc distance of 213.64 to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877. Thence (L3) N 87°21'03" W, 451.12 for the Point of Beginning.

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.

* * * * *