By: Aycock (Senate Sponsor - Fraser) H.B. No. 867
         (In the Senate - Received from the House March 30, 2009;
  April 24, 2009, read first time and referred to Committee on
  Criminal Justice; May 6, 2009, reported favorably by the following
  vote:  Yeas 6, Nays 0; May 6, 2009, 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 Burnet.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  Not later than September 30, 2009, the Texas
  Department of Criminal Justice shall transfer to the City of Burnet
  the real property described by Subsection (e) of this section.
         (b)  The City of Burnet shall use the property transferred
  under this Act only for a purpose that benefits the public interest
  of the state. If the City of Burnet uses the property for any
  purpose other than 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)  provide that:
                     (A)  the City of Burnet use the property only for a
  purpose that benefits the public interest of the state; and
                     (B)  ownership of the property will automatically
  revert to the Texas Department of Criminal Justice if the City of
  Burnet uses the property for any purpose other than a purpose that
  benefits the public interest of the state; and
               (2)  describe the property to be transferred by metes
  and bounds.
         (d)  The Texas Department of Criminal Justice shall retain
  custody of the instrument of transfer after the instrument of
  transfer is filed in the real property records of Burnet County.
         (e)  The real property referred to in this section is
  described as follows:
  BEING A 2.259 ACRE TRACT OF LAND, OUT OF THE EUGENIO PEREZ SURVEY
  NO. 41, ABSTRACT NO. 672, SITUATED IN BURNET COUNTY, TEXAS, AND
  BEING A PORTION OF A CALLED 300.000 ACRE TRACT OF LAND, DESCRIBED IN
  A DEED TO THE STATE OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE, AS
  RECORDED IN VOLUME 609, PAGE 19 OF THE REAL PROPERTY RECORDS OF
  BURNET COUNTY, TEXAS (R.P.R.B.C.T.), SAID 2.259 ACRES OF LAND,
  BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
  BEGINNING at a 5/8-inch iron rod found along a westerly line of the
  remaining portion of a called 79.31 acre tract of land, described in
  a deed to the City of Burnet, as recorded in Volume 124, Page 112 of
  the Deed Records of Burnet County, Texas (D.R.B.C.T.), for the
  north corner of a called 1.639 acre tract of land, described in a
  deed to the City of Burnet, as recorded in Volume 300, Page 180
  D.R.B.C.T., the most easterly southeast corner of said 300.000 acre
  tract and the most easterly southeast corner hereof;
  THENCE South 15°24'56" West (S16°06'15"W), along a northwesterly
  line of said 1.639 acre tract, an easterly line of said 300.000 acre
  tract and an easterly line hereof, a distance of 67.61 feet (67.80')
  to a 5/8-inch iron rod found, for the northeast corner of a called
  19.737 acre tract of land, described in a deed to Big Leaf LTD., as
  recorded in Volume 618, Page 569 R.P.R.B.C.T., the southeast corner
  of said 300.00 acre tract and the southeast corner hereof, from
  which a 5/8-inch iron rod found, for the southeast corner of said
  19.737 acre tract, bears South 15°03'42" West, a distance of 530.79
  feet;
  THENCE South 75°51'25" West (S76°52'35"W), along a northerly line of
  said 19.737 acre tract, a southerly line of said 300.000 acre tract
  and the southerly line hereof, a distance of 255.72 feet, to a
  1/2-inch iron rod set with "CUPLIN" property cap, for the southwest
  corner hereof;
  THENCE North 14°08'35" West, over and across said 300.000 acre
  tract, for the westerly line hereof, a distance of 345.10 feet, to a
  5/8-inch iron rod found, for the southwest corner of a called 20.611
  acre tract of land (Tract II), described in a deed to the City of
  Burnet, as recorded in Volume 300, Page 184 D.R.B.C.T., an interior
  corner of said 300.000 acre tract and the northwest corner hereof;
  THENCE North 76°32'34" East (N77°29'40"E), along a southerly line of
  said 20.611 acre tract, a northerly line of said 300.000 acre tract
  and the northerly line hereof, a distance of 290.24 feet (290.24'),
  to a 5/8-inch iron rod found, along a westerly line of said
  remainder of 79.31 acres, for southeast corner of said 20.611 acre
  tract, an easterly corner of said 300.000 acre tract and the
  northeast corner hereof;
  THENCE South 13°44'38" East (S12°39'31"E), along a westerly line of
  said remainder of 79.31 acre tract, an easterly line of said 300.000
  acre tract, for the easterly line hereof, a distance of 282.82 feet
  (282.78'), to the POINT OF BEGINNING, containing 2.259 acres, more
  or less.
         (f)  The City of Burnet shall pay any transaction fees
  resulting from the transfer of property under this Act.
         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, 2009.
 
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