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AN ACT
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relating to the transfer of certain state property from the |
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Department of Aging and Disability Services to the Veterans' Land |
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Board. |
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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 November 1, 2010, the |
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Department of Aging and Disability Services shall transfer to the |
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Veterans' Land Board the real property described by Subsection (d) |
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of this section, provided that the Veterans' Land Board has |
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determined that the property is suitable for its intended purpose. |
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(b) The consideration for the transfer authorized by |
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Subsection (a) is the requirement that the Veterans' Land Board use |
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the property transferred only for a purpose that benefits the |
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public interest of the state. If the Veterans' Land Board no longer |
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uses the property for 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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Department of Aging and Disability Services. |
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(c) The Department of Aging and Disability Services shall |
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transfer the property by an appropriate instrument of transfer, |
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executed on its behalf by the Commissioner of the General Land |
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Office. The instrument of transfer must: |
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(1) include a provision that: |
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(A) requires the Veterans' Land Board to use the |
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property for a purpose that benefits the public interest of the |
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state; |
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(B) permits the Veterans' Land Board to develop |
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the property, on or before the 10th anniversary of the effective |
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date of the transfer, in cooperation with the federal government as |
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a state veterans' home for Texas veterans; and |
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(C) indicates that ownership of the property |
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automatically reverts to the Department of Aging and Disability |
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Services if the Veterans' Land Board no longer uses the property for |
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a purpose that benefits the public interest of the state; |
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(2) describe the property to be transferred by metes |
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and bounds; and |
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(3) describe the easements referred to in Subsection |
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(e) of this section. |
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(d) The real property to which Subsection (a) of this |
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section refers is described as follows: |
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Being approximately 20.37 acres of land out of the John T. |
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Edwards Survey, Abstract No. 23, and the William Andrews Survey, |
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Abstract 4, Fort Bend County, Texas. The said 20.37 acres of land |
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also being the Southeast portion of that certain tract containing |
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200.525 acres of land in a deed dated January 11, 1963 from Vaclav |
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Pultar Et Ux, Et Al, to The State of Texas for the use and benefit of |
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the State School for the Mentally Retarded as recorded in Volume |
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434, Page 586, of the Deed Records of Fort Bend County, Texas. The |
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said 20.37 acres of land more particularly described as follows: |
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Beginning at an iron pipe found at the base of a fence corner |
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post marking the re-entrant corner of and place of beginning of said |
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200.525 acre tract; said corner being the North corner of Lot 29 and |
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the Northwest corner of Lot 30 of Borden's Second Addition to |
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Richmond, in the Southeast line of said William Andrews Survey, |
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Abst. No. 4, in the northwest line of said John T. Edwards Survey, |
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Abstract No. 23, the Northwest corner of the C.A. Pavlik Tract, and |
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being the Northeast corner of this 20.37 acre tract; |
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Thence South 00 degrees 00 minutes 00 seconds East along a |
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fence line marking the East line of said Lot 29, the West line of Lot |
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30, and the West line of said C.A. Pavlik Tract, at a distance of |
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940.07 feet leaving said fence, at a distance of 1037.77 feet pass |
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the North line of a 40 foot road easement, in all 1067.77 feet to an |
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iron pipe found in said 40 foot road easement for the southeast |
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corner of said 200.525 acre tract and the southeast corner of this |
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20.37 acre tract; said corner being the Northeast corner of the |
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Sophie Splichal 1.05 acre tract (Volume 327, Page 188 of the Deed |
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Records of Fort bend County, Texas) and bearing North 00 degrees 00 |
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minutes 00 seconds East a distance of 109.23 feet from the Southeast |
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corner of said Lot 29; |
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Thence South 85 degrees 26 minutes 00 seconds West, a |
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distance of 140.45 feet along said 40 foot road easement and the |
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North line of said Sophie Splichal 1.05 acre tract to a point for an |
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angle point in this line; said point being referenced by an iron |
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pipe found bearing South 20 degrees 27 minutes 50 seconds West a |
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distance of 22.5 feet; |
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Thence North 79 degrees 01 minutes 30 seconds West, a |
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distance of 125.3 feet along said road and the North line of the |
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Anton V. Mikeska 0.46 acre tract to an angle point in this line; |
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said angle point being referenced by an iron pipe in the South line |
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of said 40 road easement and being South 22 degrees 05 minutes 50 |
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seconds West a distance of 15.0 feet; |
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Thence North 67 degrees 43 minutes 10 seconds West continuing |
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along said roadway a distance of 218.0 feet to an angle point; said |
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point being referenced by an iron pipe in the South line of said 40 |
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road easement and bearing South 22 degrees 05 minutes 50 seconds |
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West a distance of 15.0 feet; |
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Thence North 67 degrees 02 minutes 50 seconds West continuing |
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along said roadway a distance of 152.5 feet to an angle point; said |
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angle point being the Northeast corner of the Sophie Splichal 1 1/3 |
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acre tract (Volume 370, Page 252 of the Deed Records of Fort bend |
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County, Texas); said corner being referenced by an iron pipe in the |
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South line of said road bearing South 22 degrees 57 minutes 20 |
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seconds West a distance of 15.7 feet; |
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Thence North 67 degrees 13 minutes 10 seconds West along the |
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North line of the said Sophie Splichal 1 1/3 acre tract a distance |
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of 173.7 feet to a point for the Northwest corner of the said 1 1/3 |
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acre tract and an angle point in the road easement; said corner |
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being referenced by an iron pipe found in the South line of said |
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road bearing South 22 degrees 57 minutes 20 seconds West a distance |
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of 15.7 feet; |
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Thence North 32 degrees 14 minutes 00 seconds West a distance |
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of 120.0 feet to an angle point in this line; |
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Thence North 32 degrees 56 minutes 10 seconds West a distance |
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of 152.35 feet along the centerline of said 40 foot road easement to |
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an angle point; |
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Thence North 62 degrees 23 minutes 20 seconds West along the |
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centerline of said 40 foot road easement to a point in the |
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centerline of an existing driveway and being the Southwest corner |
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of this 20.37 acre tract; |
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Thence in a Northerly direction with the centerline of said |
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existing driveway a distance of approximately 208 +/- feet to the |
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termination of said driveway; |
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Thence in a northerly direction a distance of approximately |
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537 +/- feet to a point in the centerline of an existing road for the |
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Northwest corner of this 20.37 acre tract; |
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Thence in a Northeasterly direction with the centerline of |
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said existing road a distance of approximately 313 +/- feet to a |
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point in the intersection of the centerline of an existing road for |
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the North corner of said 20.37 acre tract; |
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Thence in an Easterly direction with the centerline of said |
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existing road a distance of approximately 715 +/- feet to the Point |
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of Beginning and containing approximately 20.37 acres of land. |
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(e) The transfer under this section shall include: |
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(1) all mineral rights and interests in the real |
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property described in Subsection (d) of this section; and |
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(2) the easements over, under, and on the land owned or |
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controlled by the Department of Aging and Disability Services that |
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is adjacent to the real property described in Subsection (d) of this |
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section as the Commissioner of the General Land Office determines |
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are reasonably necessary for the beneficial use of the real |
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property described in Subsection (d) of this section, provided the |
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easements do not unreasonably interfere with the use of the |
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adjacent property by the Department of Aging and Disability |
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Services. |
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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. 2728 was passed by the House on April |
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30, 2009, by the following vote: Yeas 144, Nays 0, 1 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. 2728 was passed by the Senate on May |
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26, 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 |