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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 Public Safety to Webb County. |
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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 May 1, 2010, the Texas |
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Department of Public Safety shall transfer to Webb County the real |
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property described by Section 3 of this Act. |
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(b) Webb County shall use the property transferred under |
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this Act only for a purpose that benefits the public interest of the |
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state. If Webb County uses the property for any purpose other than |
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a purpose that benefits the public interest of the state, ownership |
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of the property automatically reverts to the Texas Department of |
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Public Safety. |
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(c) The Texas Department of Public Safety shall transfer the |
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property by an appropriate instrument of transfer. The instrument |
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of transfer must: |
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(1) provide that: |
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(A) Webb County 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 Public Safety if Webb County uses |
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the property for any purpose other than a purpose that benefits the |
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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 Public Safety 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 Webb County. |
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(e) Webb County shall pay any transaction fees resulting |
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from the transfer of property under this Act. |
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SECTION 2. Before the transfer of the real property |
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authorized by Section 1 of this Act, Webb County shall obtain, at |
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Webb County's expense, a survey of the metes and bounds description |
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for the transfer instrument. |
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SECTION 3. The real property referred to in Section 1 of |
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this Act is described as follows: |
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TRACT I: |
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A tract of land in Webb County, Texas, containing 1.4733 |
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acres, more or less, out of Leonardo Sanchez Porcion 23, Abstract |
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283, being out of a 72.4428 acre tract conveyed to J.C. Martin, III, |
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et al, by Abe Calamusa, Individually and for the Estate of Elizabeth |
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Borrello Baccaro, Deceased, et al, by Deed dated January 29, 1972, |
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recorded in Volume 416, Pages 493-98 of the Deed Records of Webb |
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County, Texas; this 1.4733 acre tract being more particularly |
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described as follows, to-wit: |
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Commencing (for a connection) at a fence corner on the east |
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right-of-way line of Interstate Highway No. 35 at its intersection |
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with the south line of the original Baccaro Tract and north line of |
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the Ortiz Tract, said fence corner being the westerly southwest |
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corner of said 72.4428 acre tract; |
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THENCE N. 18°58'29" E. 366.90 feet with the east right-of-way line |
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of Interstate Highway 35 to a point which bears S 76°53'15" E. 0.27 |
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feet from the center of a steel fence post, the northwest corner of |
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a 5.0 acre tract as fenced, and the southwest and beginning corner |
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of this tract; |
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THENCE N. 18°58'29" E. 190.67 feet with the east right-of-way of |
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Interstate Highway 35 to a 1/2" steel rod, the westerly southwest |
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corner of a 3.5000 acre tract and the northwest corner of this |
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tract; |
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THENCE S. 71°10'47" E. 372.87 feet with the south line of said 3.5000 |
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acre tract a 1/2" steel rod, an interior corner of said 3.5000 acre |
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tract and the northeast corner of this tract; |
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THENCE S. 18°49'13" W. 153.66 feet with lower west line of said |
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3.5000 acre tract to a 1/2" steel rod on the north line of said 5.0 |
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acre tract, the southerly southwest corner of said 3.5000 acre |
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tract and the southeast corner of this tract; |
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THENCE N. 76°10'47"W. 25.6 feet to a steel fence corner post of a |
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chain link fence on the occupied north line of said 5.0 acre tract |
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and a deflection corner of this tract; |
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THENCE N. 76°53'15"W. 349.62 feet with chain link fence on the |
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occupied north line of said 5.0 acre tract to the place of |
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beginning. |
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TRACT II: |
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A strip of land along and adjacent to the west boundary line |
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of Tract I approximately 200 feet in width, which tract is bounded |
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on its south side by an extension of the south boundary line of |
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Tract I southwesterly along the same course as the south boundary |
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line of Tract I from the southwest corner of Tract I to a point on |
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the original west boundary line of that certain tract known as the |
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Nick Baccaro Tract, which is also the west line of that certain |
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right-of-way easement under instrument executed by Elizabeth B. |
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Baccaro on September 5, 1958, to the State of Texas of record in |
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Vol. 264, Pages 138-139, of the Deed Records of Webb County, Texas; |
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and is bounded on the east side by the west boundary line of Tract I; |
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and is bounded on the north side by an extension of a line parallel |
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with the north boundary line of Tract I hereinabove described, but |
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which commences at the northwest corner of Tract I and extends from |
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said point in a northwesterly direction, being N. 71°10'47"W. to its |
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junction with the original west boundary line of said Nick Baccaro |
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Tract, also the west boundary line of said right-of-way easement to |
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the State of Texas hereinabove referred to; and is bounded on its |
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west side by the original west boundary of said Nick Baccaro Tract |
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and the west line of said right-of-way easement to the State of |
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Texas extending from its junction with the south boundary line |
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hereof and the north boundary line hereof; subject, however, to all |
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rights of the State of Texas and its successors and assigns under |
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right-of-way easement dated September 5, 1958, and recorded in Vol. |
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264, Pages 138-139, of the Deed Records of Webb County, Texas. |
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SECTION 4. 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. 4541 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. 4541 was passed by the Senate on May |
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22, 2009, by the following vote: Yeas 30, 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 |