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.
 
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