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AN ACT
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relating to the transfer of certain state property from the Texas |
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Department of Criminal Justice to the City of Burnet. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Not later than September 30, 2009, the Texas |
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Department of Criminal Justice shall transfer to the City of Burnet |
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the real property described by Subsection (e) of this section. |
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(b) The City of Burnet shall use the property transferred |
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under this Act only for a purpose that benefits the public interest |
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of the state. If the City of Burnet uses the property for any |
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purpose other than a purpose that benefits the public interest of |
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the state, ownership of the property automatically reverts to the |
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Texas Department of Criminal Justice. |
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(c) The Texas Department of Criminal Justice shall transfer |
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the property by an appropriate instrument of transfer. The |
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instrument of transfer must: |
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(1) provide that: |
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(A) the City of Burnet use the property only for a |
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purpose that benefits the public interest of the state; and |
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(B) ownership of the property will automatically |
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revert to the Texas Department of Criminal Justice if the City of |
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Burnet uses the property for any purpose other than a purpose that |
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benefits the public interest of the state; and |
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(2) describe the property to be transferred by metes |
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and bounds. |
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(d) The Texas Department of Criminal Justice shall retain |
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custody of the instrument of transfer after the instrument of |
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transfer is filed in the real property records of Burnet County. |
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(e) The real property referred to in this section is |
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described as follows: |
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BEING A 2.259 ACRE TRACT OF LAND, OUT OF THE EUGENIO PEREZ SURVEY |
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NO. 41, ABSTRACT NO. 672, SITUATED IN BURNET COUNTY, TEXAS, AND |
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BEING A PORTION OF A CALLED 300.000 ACRE TRACT OF LAND, DESCRIBED IN |
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A DEED TO THE STATE OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE, AS |
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RECORDED IN VOLUME 609, PAGE 19 OF THE REAL PROPERTY RECORDS OF |
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BURNET COUNTY, TEXAS (R.P.R.B.C.T.), SAID 2.259 ACRES OF LAND, |
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BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. |
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BEGINNING at a 5/8-inch iron rod found along a westerly line of the |
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remaining portion of a called 79.31 acre tract of land, described in |
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a deed to the City of Burnet, as recorded in Volume 124, Page 112 of |
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the Deed Records of Burnet County, Texas (D.R.B.C.T.), for the |
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north corner of a called 1.639 acre tract of land, described in a |
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deed to the City of Burnet, as recorded in Volume 300, Page 180 |
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D.R.B.C.T., the most easterly southeast corner of said 300.000 acre |
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tract and the most easterly southeast corner hereof; |
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THENCE South 15°24'56" West (S16°06'15"W), along a northwesterly |
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line of said 1.639 acre tract, an easterly line of said 300.000 acre |
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tract and an easterly line hereof, a distance of 67.61 feet (67.80') |
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to a 5/8-inch iron rod found, for the northeast corner of a called |
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19.737 acre tract of land, described in a deed to Big Leaf LTD., as |
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recorded in Volume 618, Page 569 R.P.R.B.C.T., the southeast corner |
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of said 300.00 acre tract and the southeast corner hereof, from |
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which a 5/8-inch iron rod found, for the southeast corner of said |
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19.737 acre tract, bears South 15°03'42" West, a distance of 530.79 |
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feet; |
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THENCE South 75°51'25" West (S76°52'35"W), along a northerly line of |
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said 19.737 acre tract, a southerly line of said 300.000 acre tract |
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and the southerly line hereof, a distance of 255.72 feet, to a |
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1/2-inch iron rod set with "CUPLIN" property cap, for the southwest |
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corner hereof; |
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THENCE North 14°08'35" West, over and across said 300.000 acre |
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tract, for the westerly line hereof, a distance of 345.10 feet, to a |
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5/8-inch iron rod found, for the southwest corner of a called 20.611 |
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acre tract of land (Tract II), described in a deed to the City of |
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Burnet, as recorded in Volume 300, Page 184 D.R.B.C.T., an interior |
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corner of said 300.000 acre tract and the northwest corner hereof; |
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THENCE North 76°32'34" East (N77°29'40"E), along a southerly line of |
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said 20.611 acre tract, a northerly line of said 300.000 acre tract |
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and the northerly line hereof, a distance of 290.24 feet (290.24'), |
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to a 5/8-inch iron rod found, along a westerly line of said |
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remainder of 79.31 acres, for southeast corner of said 20.611 acre |
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tract, an easterly corner of said 300.000 acre tract and the |
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northeast corner hereof; |
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THENCE South 13°44'38" East (S12°39'31"E), along a westerly line of |
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said remainder of 79.31 acre tract, an easterly line of said 300.000 |
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acre tract, for the easterly line hereof, a distance of 282.82 feet |
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(282.78'), to the POINT OF BEGINNING, containing 2.259 acres, more |
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or less. |
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(f) The City of Burnet shall pay any transaction fees |
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resulting from the transfer of property under this Act. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 867 was passed by the House on March |
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26, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 867 was passed by the Senate on May |
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14, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |