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A BILL TO BE ENTITLED
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AN ACT
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relating to sale of the Texas State Cemetery Annex property (Bull |
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Creek State Cemetery). |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 2165, Government Code, is |
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amended by modifying Section 2165.256(b) to read as follows: |
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(b) [In addition to] The [the] property described as Lot No. |
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5, Division B, City of Austin, Travis County, Texas[, the following
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property] is dedicated for cemetery purposes as part of the State |
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Cemetery. The following property, also known as the Bull Creek |
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State Cemetery, is dedicated to the State Cemetery for any purpose, |
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including sale of fee simple title: BEING 44.07 ACRES OF LAND OUT |
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OF THE GEORGE W. SPEAR LEAGUE IN THE CITY OF AUSTIN, TRAVIS COUNTY, |
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TEXAS, AND BEING OUT OF AND A PORTION OF THAT CERTAIN TRACT OF LAND |
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DESCRIBED BY DEED TO THE STATE OF TEXAS AS RECORDED IN VOLUME 776, |
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PAGE 225, OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS. SAID 44.07 |
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ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: |
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BEGINNING at a set brass cap in concrete for the northwest |
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corner of said State of Texas tract, same being the west corner of |
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Lot 34 of Shoal Village, Section Two, a subdivision in the City of |
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Austin, Texas, as recorded in Book 5, Page 150, of the Plat Records |
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of Travis County, Texas, and being on the east right-of-way line of |
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Bull Creek Road (an existing 60' R/W) and being the northwest corner |
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of this tract; |
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(1) THENCE S 62° 05' 02" E, along the north line of said |
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State of Texas tract of land, same being the south line of said |
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subdivision, a distance of 919.08 feet to a set brass cap in |
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concrete for an angle point in the north line of said State of |
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Texas, tract of land same being an angle point in the south line of |
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Lot 45 of Shoal Village, Section Three, a subdivision of record in |
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the City of Austin, Texas, as recorded in Book 6, Page 71, of the |
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Plat Records of Travis County, Texas; |
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(2) THENCE along the north line of said State of Texas, |
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tract of land, same being the south line of the following |
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subdivisions in the City of Austin, Texas, said Shoal Village, |
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Section Three, Shoal Village, Sec. 5, as recorded in Plat Book 6, |
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Page 72, of the Plat Records of Travis County, Texas, Shoal Village, |
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Sec. 6, as recorded in Plat Book 7, Page 7, of the Plat Records of |
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Travis County, Texas, Shoal Village, Section Seven, as recorded in |
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Plat Book 14, Page 80, of the Plat Records of Travis County, Texas, |
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Oak Haven, Section Three, as recorded in Book 11, Page 40, of the |
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Plat Records of Travis County, Texas, the following two (2) courses |
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and distances: |
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1. S 63° 02' 45" E, a distance of 306.61 feet, a |
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1/2" iron rod found, and |
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2. S 63° 11' 57" E, a distance of 327.57 feet to the |
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point of intersection with the centerline of Shoal Creek for the |
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northeast corner of this tract; |
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(3) THENCE along the centerline of Shoal Creek with |
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it's meanders, same being the east line of this tract, the following |
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seven (7) courses and distances: |
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1. S 03° 49' 32" E, a distance of 146.37 feet, a |
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1/2" I. R. set, |
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2. S 11° 51' 40" W, a distance of 68.56 feet, a 1/2" |
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I. R. set, |
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3. S 17° 44' 58" E, a distance of 255.55 feet, a |
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1/2" I. R. set, |
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4. S 11° 22' 50" W, a distance of 433.59 feet, a |
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1/2" I. R. set, |
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5. S 01° 30' 40" E, a distance of 208.10 feet, a |
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1/2" I. R. set, |
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6. S 03° 34' 39" E, a distance of 163.82 feet, a |
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1/2" I. R. set, and |
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7. S 12° 53' 44" E, a distance of 44.69 feet, to a P. |
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K. nail set in concrete for the southeast corner of this tract; |
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(4) THENCE N 62° 12' 25" W, departing from said Shoal |
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Creek, passing the northeast corner of Lot 24 of Ridgelea, a |
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subdivision in the City of Austin, Texas, as recorded in Book 4, |
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Page 258, of the Plat Records of Travis County, Texas, at 59.90 |
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feet, a total distance of 414.19 feet to a found 1/2" iron rod under |
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concrete for the most northerly corner of Lot 21 of said Ridgelea |
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subdivision, said point also being a re-entrant corner of this |
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tract; |
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(5) THENCE S 31° 29' 35" W, along the most southerly |
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east line of said State of Texas tract of land, same being the west |
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line of said Ridgelea subdivision, a distance of 715.50 feet to a |
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1/2" iron rod set for a southwest corner of this tract, from this |
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point the northwest corner of Lot 11, same being the southwest |
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corner of Lot 12, of said Ridgelea subdivision bears N 31° 29' 35" E, |
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a distance of 10.64 feet; |
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(6) THENCE through said State of Texas tract of land |
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the following four (4) courses and distances: |
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1. N 23° 52' 33" W, passing a brass cap in concrete |
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set at 5.00 feet, a total distance of 654.65 feet to a brass cap in |
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concrete set for a corner, |
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2. N 06° 26' 42" E, a distance of 308.11 feet, a |
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brass cap in concrete set for a corner, |
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3. N 14° 01' 31" W, a distance of 894.05 feet, a |
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brass cap in concrete set for a corner, and |
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4. N 63° 17' 00" W, a distance of 478.50 feet to a |
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brass cap set in concrete at the point of intersection with the east |
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right-of-way line of Bull Creek Road, same being the west line of |
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said State of Texas tract of land, and being the most northerly |
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southwest corner of this tract; |
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(7) THENCE N 26° 43' 00" E, along said right-of-way |
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line, a distance of 496.30 feet to the Point of Beginning, and |
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containing 44.07 acres of land, more or less; and |
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BEING A 2.120 ACRE (92,350 SQUARE FEET) TRACT OF LAND OUT OF |
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THE GEORGE W. SPEAR LEAGUE IN TRAVIS COUNTY, TEXAS. SAID 2.120 ACRE |
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TRACT OF LAND ALSO BEING OUT OF A 31.12 ACRE TRACT HAVING BEEN |
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CONVEYED TO THE STATE OF TEXAS BY INSTRUMENT OF RECORD IN VOLUME |
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776, PAGE 225, DEED RECORDS OF TRAVIS COUNTY, TEXAS. SAID 2.120 ACRE |
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TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
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FOLLOWS: |
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BEGINNING, at a brass disk in concrete found on the |
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southeasterly right of way line of Bull Creek Road. Said disk also |
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being at the northernmost corner of said 31.12 acre tract and the |
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westernmost corner of a 44.07 acre tract also out of the tract |
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described in volume 776, page 225 for the northernmost corner of the |
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herein described tract; |
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Thence, S63° 17' 00"E, 350.00 feet with the northeasterly line |
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of said 31.12 acre tract and a southwesterly line of said 44.07 acre |
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tract to a 1/2" iron rod set for the easternmost corner of the |
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herein described tract; |
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Thence, S26° 42' 58"W, 205.49 feet with the southeast line of |
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this 2.120 acre tract to a 1/2" iron rod set for the herein |
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described tract, nearby a concrete driveway; |
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Thence, N82° 57' 38"W, 276.95 feet following a concrete |
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driveway to a 1/2" iron rod set for an angle point of the herein |
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described tract; |
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Thence, N62° 30' 47"W, 89.24 feet continuing along a concrete |
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driveway to a 1/2" iron rod set on the southeasterly right of way |
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line of Bull Creek Road and the westernmost corner of the herein |
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described tract; |
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THENCE, N26° 43' 00"E, 297.55 feet with the southeasterly line |
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of Bull Creek Road and the northwesterly line of this 2.120 acre |
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tract to the POINT OF BEGINNING and containing 2.120 acre (92,350 |
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square feet) of land. |
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In the event the Bull Creek State Cemetery is sold, the committee is |
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authorized to use sale proceeds and any interest that may accrue |
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therefrom to acquire other real property, by purchase or otherwise, |
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suitable for expansion of the State Cemetery, or to accomplish |
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capitol improvements or major repairs or renovation of the existing |
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or new state cemetery grounds. |
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SECTION 2. All proceeds from the sale of fee simple title to |
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property under Section 2165.256(b) and any interest that accrues |
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therefrom shall be appropriated to the Texas State Cemetery for the |
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exclusive use of the State Cemetery to acquire real property in the |
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vicinity of Lot No. 5, Division B, City of Austin, Travis County, |
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Texas or to accomplish capitol improvements or major repairs or |
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renovation of the existing or new state cemetery grounds. Any real |
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property acquired with sale proceeds and interest therefrom shall |
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be used solely for cemetery purposes as part of the State Cemetery. |
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SECTION 3. In Article I of Senate Bill 1, 81st Leg., R.S., |
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appropriation for the Texas Facilities Commission, insert the |
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following appropriately-numbered rider to read as follows and |
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renumber subsequent riders accordingly: |
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"____. PROCEEDS FROM SALE OF TEXAS STATE CEMETERY ANNEX. The |
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Texas State Cemetery is appropriated the receipts from the sale of |
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the Bull Creek State Cemetery and any interest that accrues |
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therefrom for the purposes of acquiring other real property to be |
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dedicated for cemetery purposes in the vicinity of the Texas State |
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Cemetery and rendering such property suitable for use as a |
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cemetery, or accomplishing capital improvements or major repairs or |
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renovation of the existing or new state cemetery grounds." |
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SECTION 4. This Act takes effect September 1, 2009. |