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A BILL TO BE ENTITLED
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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 Transportation to Polk 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 September 30, 2009, the |
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Texas Department of Transportation shall transfer to Polk County |
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the real property described by Subsection (f) of this section. |
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(b) Polk County may use the property transferred under this |
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Act only for a purpose that benefits the public interest of the |
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state. If Polk County uses the property for any purpose other than |
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a purpose that benefits the public interest of the state, Polk |
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County shall pay to the Texas Department of Transportation an |
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amount equal to the fair market value of the property on the date |
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Polk County begins using the property for the purpose other than a |
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purpose that benefits the public interest of the state, less the |
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amount that Polk County paid to the Texas Department of |
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Transportation under Subsection (c) of this section. |
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(c) On the effective date of the transfer authorized under |
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Subsection (a) of this section, Polk County shall pay an amount to |
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reimburse the Texas Department of Transportation for the |
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department's actual costs to acquire the property. If the Texas |
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Department of Transportation cannot determine that amount, the |
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amount shall be determined based on the average historical |
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right-of-way acquisition values for right-of-way located in |
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proximity to the property described by Subsection (f) of this |
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section on the date of original acquisition of the property by the |
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Texas Department of Transportation. Money received by the Texas |
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Department of Transportation under this subsection shall be |
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deposited in the state highway fund and used in the Texas Department |
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of Transportation district in which the property is located. |
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(d) The Texas Department of Transportation 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) Polk County may use the property only for a |
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purpose that benefits the public interest of the state; or |
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(B) if Polk County 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, Polk County shall pay to the Texas Department of |
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Transportation an amount equal to the fair market value of the |
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property on the date Polk County begins using the property for the |
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purpose other than a purpose that benefits the public interest of |
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the state, less the amount that Polk County paid to the Texas |
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Department of Transportation under Subsection (c) of this section; |
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and |
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(2) describe the property to be transferred by metes |
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and bounds. |
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(e) The Texas Department of Transportation 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 Polk County. |
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(f) The real property referred to in this section is |
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described as follows: |
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FIELDNOTES of 10.549 Acres in the M.L. Choate Survey, A-15, Polk |
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County, Texas and being all of a 1.338 Acre Tract described under |
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Parcel 28, Part 1 in a Judgment of Court in the State of Texas, et |
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al, versus Wayne Duncan and wife, Judy Duncan, dated August 6, 1975 |
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and recorded in Volume 305, Page 357 of the Polk County Deed Records |
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and also being part of a 20.198 Acre Tract described under Parcel |
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26, Part 2 in a deed from H.D. Nixon and wife, Bonibel Nixon, et al, |
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to the State of Texas dated August 21, 1975 and recorded in Volume |
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305, Page 726 of said Deed Records. Said 10.549 Acres being more |
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particularly described as follows: |
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BEGINNING at the most Northerly West corner of said 20.198 Acre |
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Tract and an interior corner of a 224.204 Acre Tract conveyed to the |
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City of Livingston by deed recorded in Volume 450, Page 805 of said |
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Deed Records, found a concrete monument with a 1/2" iron rod for |
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corner; |
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THENCE with the most Northerly Northwest Line of said 20.198 Acre |
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Tract and a Southeast Line of said 224.204 Acre Tract, N48°28'33"E |
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399.68 feet to the most Northerly North corner of said 20.198 Acre |
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Tract and an interior corner of said 224.204 Acre Tract, found a |
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concrete monument with a 1/2" iron rod for corner; |
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THENCE with the most Northerly Northeast Line of said 20.198 Acre |
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Tract, a Southwest Line of said 224.204 Acre Tract, the Southwest |
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Line of Garden Ridge Subdivision as shown on a Plat recorded in |
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Volume 11, Page 31 of the Polk County Plat Records, the Southwest |
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Line of the residue of a 4.873 Acre Tract conveyed to Donald R. |
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Langston by deed recorded in Volume 1064, Page 882 of said Official |
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Records, and the Northeast Line of said 1.338 Acre Tract, |
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S41°33'29"E 1,149.91 feet to an interior corner of said 20.189 Acre |
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Tract and the South corner of said residue Tract, found a concrete |
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monument with a 1/2" iron rod for corner which bears N41°26'31"W 200 |
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feet from Highway No. 59 centerline station 164+49.77 and also |
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marks the beginning of a Control of Access Line; |
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THENCE across and severing said 20.198 Acre Tract, S48°33'29"W, at |
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369.77 feet and N41°26'31"W 200 feet from station 161+10.00 pass the |
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end of said Control of Access Line and continue on same course a |
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total distance of 399.77 feet to an interior corner of said 20.198 |
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Acre Tract and the East corner of a 1.250 Acre Tract conveyed to the |
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Polk County Chamber of Commerce by deed recorded in Volume 1089, |
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Page 79 of said Official Records, found a concrete monument with a |
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1/2" iron rod for corner which bears N41°26'31"W 200 feet from said |
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Highway centerline at station 160+50.00; |
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THENCE with the Northeast Line of said 1.250 Acre Tract, the |
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Northeast Line of said 224.204 Acre Tract, and the Southwest Line of |
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said 20.198 Acre Tract, N41°33'13"W 1,149.34 feet to the Place of |
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Beginning and containing 10.549 Acres of Land. |
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The bearings described herein are based upon the most Westerly |
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Northwest Line of said 20.198 Acre Tract. |
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(g) Polk 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. 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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