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SECTION 5. (a) The Texas
Department of Transportation may donate
and transfer all or part of the property described by Subsection (e)
of this section to the Texas Department of Motor Vehicles.
(b)
The Texas Department of Motor Vehicles may use the property transferred
under this Act only for a purpose that benefits the public interest of the
state. If the Texas Department of Motor Vehicles uses the property for any
purpose other than a purpose described by this subsection, ownership of the
property automatically reverts to the Texas Department of Transportation.
(c) The Texas Department of
Transportation must transfer any property under
Subsection (a) of this section by an appropriate transfer
instrument. The transfer instrument must include:
(1)
a provision that:
(A)
requires the Texas Department of Motor Vehicles to use the property for a
purpose that benefits the public interest of the state; and
(B)
indicates that ownership of the property automatically reverts to the Texas
Department of Transportation if the Texas Department of Motor Vehicles no
longer uses the property for a purpose that benefits the public interest of
the state; and
(2)
a legal description of the property to be transferred.
(d)
The Texas Department of Motor Vehicles is responsible for the
recordation of the transfer instrument.
(e) The real property to
which Subsection (a) of this section refers consists of the following two
tracts of land:
TRACT 1
BEING A 7.5138 ACRES [327,300
SQUARE FEET] TRACT OF LAND, MORE OR LESS, IN THE WILLIAM PORTER SURVEY,
ABSTRACT NO. 7, GEORGE W. SPEAR LEAGUE, CITY OF AUSTIN, TRAVIS COUNTY,
TEXAS, AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE
STATE OF TEXAS, RECORDED IN BOOK 261, PAGE 134 OF THE DEED RECORDS OF
TRAVIS COUNTY, TEXAS (D.R.T.C.T.), SAID 7.5138 ACRE TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON
ROD FOUND FOR THE NORTHEAST CORNER OF SAID STATE OF TEXAS TRACT, SAME BEING
IN THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF JACKSON STREET (A VARIABLE WIDTH
R.O.W.), HAVING A SURFACE COORDINATE OF NORTH 10,088,522.008, EAST
3,110,296.848;
1) THENCE SOUTH
04°31'15" WEST ALONG THE EAST LINE OF SAID STATE OF TEXAS TRACT AND
THE COMMON WEST R.O.W LINE OF SAID JACKSON STREET, A DISTANCE OF 951.21
FEET TO A MAG NAIL WITH WASHER STAMPED "LAMB-STAR TBPLS#10048300"
SET IN ASPHALT;
2) THENCE NORTH
85°29'55" WEST DEPARTING SAID COMMON LINE AND OVER AND ACROSS SAID
STATE OF TEXAS TRACT, A DISTANCE OF 323.74 FEET TO A 3 1/4 INCH ALUMINUM
DISC STAMPED "TEXAS DEPT OF TRANSPORTATION" SET IN CONCRETE IN
THE WEST LINE OF SAID STATE OF TEXAS TRACT, SAME BEING THE EAST R.O.W. LINE
OF MO-PAC EXPRESSWAY (LOOP 1, VARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO
THE STATE OF TEXAS, RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.;
3) THENCE NORTH
03°23'50" EAST ALONG THE WEST LINE OF SAID STATE OF TEXAS TRACT AND
THE COMMON EAST R.O.W LINE OF SAID MO-PAC EXPRESSWAY (LOOP 1), A DISTANCE
OF 6.95 FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF
TRANSPORTATION R.O.W." SET IN CONCRETE;
4) THENCE NORTH
04°49'47" EAST CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF
1080.01 FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF
TRANSPORTATION R.O.W." SET IN CONCRETE FOR THE NORTHWEST CORNER OF
SAID STATE OF TEXAS TRACT, SAME BEING THE SOUTH LINE OF WESTMINSTER MANOR
LOT 1, BLOCK A, AN ADDITION TO THE CITY OF AUSTIN, ACCORDING TO THE PLAT
THEREOF RECORDED IN INSTRUMENT NUMBER 200600340 D.R.T.C.T., FROM WHICH A 4
INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION
R.O.W." FOUND BEARS NORTH 62°07'46" WEST, A DISTANCE OF 12.91
FEET;
5) THENCE SOUTH 62° 23'
09" EAST DEPARTING SAID COMMON LINE AND ALONG THE NORTH LINE OF SAID
STATE OF TEXAS TRACT AND THE COMMON SOUTH LINE OF SAID WESTMINSTER MANOR
LOT 1, BLOCK A, A DISTANCE OF 345.76 FEET TO THE POINT OF BEGINNING AND
CONTAINING 7.5138 ACRES [327,300 SQUARE FEET] OF LAND, MORE OR LESS.
TRACT 2
BEING A 7.5823 ACRES [330,284
SQUARE FEET] TRACT OF LAND, MORE OR LESS, IN THE WILLIAM PORTER SURVEY,
ABSTRACT NO. 7, GEORGE W. SPEAR LEAGUE, CITY OF AUSTIN, TRAVIS COUNTY,
TEXAS, AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE
STATE OF TEXAS, RECORDED IN BOOK 261, PAGE 134 OF THE DEED RECORDS OF
TRAVIS COUNTY, TEXAS (D.R.T.C.T,), SAID 7.5138
ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A 1/2 INCH IRON
ROD FOUND FOR THE NORTHEAST CORNER OF SAID STATE OF TEXAS TRACT, SAME BEING
IN THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF JACKSON STREET (A VARIABLE WIDTH
R.O.W.);
THENCE SOUTH 04°31'15"
WEST ALONG THE EAST LINE OF SAID STATE OF TEXAS TRACT AND THE COMMON WEST
R.O.W LINE OF SAID JACKSON STREET, A DISTANCE OF 951.21 FEET TO A MAG NAIL
WITH WASHER STAMPED "LAMB-STAR TBPLS#10048300" SET IN ASPHALT FOR
THE POINT OF BEGINNING, HAVING A SURFACE COORDINATE OF NORTH 10,087,573.756,
EAST 3,110,221.872;
1) THENCE SOUTH
04°31'15" WEST CONTINUING ALONG SAID COMMON LINE, PASSING A 4 INCH
BRASS DISC STAMPED "TEXAS HIGHWAY DEPARTMENT R.O.W." FOUND, AT A
DISTANCE OF 636.60 FEET, CONTINUING IN ALL A TOTAL DISTANCE OF 1043.34 FEET
TO A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION
R.O.W." SET IN CONCRETE IN THE NEW NORTH R.O.W. LINE OF WEST 35TH
STREET (AVARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO THE STATE OF TEXAS,
RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.;
2) THENCE NORTH
80°50'24" WEST DEPARTING SAID COMMON LINE AND OVER AND ACROSS SAID
STATE OF TEXAS TRACT AND ALONG THE NEW NORTH R.O.W. LINE OF WEST 35TH
STREET, A DISTANCE OF 320.77 FEET TO A 4 INCH BRASS DISC STAMPED
"TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE IN
THE WEST LINE OF SAID STATE OF TEXAS TRACT, SAME BEING THE EAST R.O.W. LINE
OF MO-PAC EXPRESSWAY (LOOP 1, VARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO
THE STATE OF TEXAS, RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.;
3) THENCE NORTH 04°01'11"
EAST ALONG THE WEST LINE OF SAID STATE OF TEXAS TRACT AND THE COMMON EAST
R.O.W LINE OF SAID MO-PAC EXPRESSWAY (LOOP 1), A DISTANCE OF 374.34 FEET TO
A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION
R.O.W." SET IN CONCRETE;
4) THENCE NORTH
05°50'15" EAST CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 205.75
FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF
TRANSPORTATION R.O.W." SET IN CONCRETE;
5) THENCE NORTH
04°49'47" EAST CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 124.25
FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF
TRANSPORTATION R.O.W." SET IN CONCRETE;
6) THENCE NORTH
03°23'50" EAST CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 313.07
FEET TO A 3 1/4 INCH ALUMINUM DISC STAMPED "TEXAS DEPT OF TRANSPORTATION"
SET IN CONCRETE;
7) THENCE SOUTH 85° 29'
55" EAST DEPARTING SAID COMMON LINE AND OVER AND ACROSS SAID STATE OF
TEXAS TRACT, A DISTANCE OF 323.74 FEET TO THE POINT OF BEGINNING AND
CONTAINING 7.5823 ACRES [330,284 SQUARE FEET] OF LAND, MORE OR LESS.
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SECTION 5. (a) The Texas
Department of Transportation may transfer all or part of the property
described by Subsection (f) of this section to the Texas Department of
Motor Vehicles.
(b)
The Texas Department of Transportation may sell any part of the property
described by Subsection (f) of this section that is not transferred to the
Texas Department of Motor Vehicles under Subsection (a) of this section to
one or more financial regulatory agencies, as defined by Section 16.001,
Finance Code, under terms that are acceptable to the parties.
(c)
Subchapter B, Chapter 202, Transportation Code, does not apply to a
transfer or sale of property under this section of this Act. Any revenue
from the sale of property under this section of this Act shall be deposited
in the state highway fund.
(d) The Texas Department of
Transportation must transfer any property transferred
or sold under this section of this Act by an appropriate transfer
instrument. The transfer instrument must include
a legal description of the
property to be transferred.
(e)
Any agency to which real property is transferred or sold under this section
of this Act is responsible for the recordation of the transfer
instrument.
(f) The real property to
which Subsection (a) of this section refers consists of the following two
tracts of land:
TRACT 1
BEING A 7.5138 ACRES [327,300
SQUARE FEET] TRACT OF LAND, MORE OR LESS, IN THE WILLIAM PORTER SURVEY,
ABSTRACT NO. 7, GEORGE W. SPEAR LEAGUE, CITY OF AUSTIN, TRAVIS COUNTY,
TEXAS, AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE
STATE OF TEXAS, RECORDED IN BOOK 261, PAGE 134 OF THE DEED RECORDS OF
TRAVIS COUNTY, TEXAS (D.R.T.C.T.), SAID 7.5138 ACRE TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON
ROD FOUND FOR THE NORTHEAST CORNER OF SAID STATE OF TEXAS TRACT, SAME BEING
IN THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF JACKSON STREET (A VARIABLE WIDTH
R.O.W.), HAVING A SURFACE COORDINATE OF NORTH 10,088,522.008, EAST 3,110,296.848;
1) THENCE SOUTH
04°31'15" WEST ALONG THE EAST LINE OF SAID STATE OF TEXAS TRACT AND
THE COMMON WEST R.O.W LINE OF SAID JACKSON STREET, A DISTANCE OF 951.21
FEET TO A MAG NAIL WITH WASHER STAMPED "LAMB-STAR TBPLS#10048300"
SET IN ASPHALT;
2) THENCE NORTH
85°29'55" WEST DEPARTING SAID COMMON LINE AND OVER AND ACROSS SAID
STATE OF TEXAS TRACT, A DISTANCE OF 323.74 FEET TO A 3 1/4 INCH ALUMINUM
DISC STAMPED "TEXAS DEPT OF TRANSPORTATION" SET IN CONCRETE IN
THE WEST LINE OF SAID STATE OF TEXAS TRACT, SAME BEING THE EAST R.O.W. LINE
OF MO-PAC EXPRESSWAY (LOOP 1, VARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO
THE STATE OF TEXAS, RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.;
3) THENCE NORTH
03°23'50" EAST ALONG THE WEST LINE OF SAID STATE OF TEXAS TRACT AND
THE COMMON EAST R.O.W LINE OF SAID MO-PAC EXPRESSWAY (LOOP 1), A DISTANCE
OF 6.95 FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF
TRANSPORTATION R.O.W." SET IN CONCRETE;
4) THENCE NORTH
04°49'47" EAST CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF
1080.01 FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF
TRANSPORTATION R.O.W." SET IN CONCRETE FOR THE NORTHWEST CORNER OF
SAID STATE OF TEXAS TRACT, SAME BEING THE SOUTH LINE OF WESTMINSTER MANOR
LOT 1, BLOCK A, AN ADDITION TO THE CITY OF AUSTIN, ACCORDING TO THE PLAT
THEREOF RECORDED IN INSTRUMENT NUMBER 200600340 D.R.T.C.T., FROM WHICH A 4
INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION
R.O.W." FOUND BEARS NORTH 62°07'46" WEST, A DISTANCE OF 12.91
FEET;
5) THENCE SOUTH 62° 23'
09" EAST DEPARTING SAID COMMON LINE AND ALONG THE NORTH LINE OF SAID
STATE OF TEXAS TRACT AND THE COMMON SOUTH LINE OF SAID WESTMINSTER MANOR
LOT 1, BLOCK A, A DISTANCE OF 345.76 FEET TO THE POINT OF BEGINNING AND
CONTAINING 7.5138 ACRES [327,300 SQUARE FEET] OF LAND, MORE OR LESS.
TRACT 2
BEING A 7.5823 ACRES [330,284
SQUARE FEET] TRACT OF LAND, MORE OR LESS, IN THE WILLIAM PORTER SURVEY,
ABSTRACT NO. 7, GEORGE W. SPEAR LEAGUE, CITY OF AUSTIN, TRAVIS COUNTY,
TEXAS, AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE
STATE OF TEXAS, RECORDED IN BOOK 261, PAGE 134 OF THE DEED RECORDS OF
TRAVIS COUNTY, TEXAS (D.R.T.C.T,), SAID 7.5823
ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A 1/2 INCH IRON
ROD FOUND FOR THE NORTHEAST CORNER OF SAID STATE OF TEXAS TRACT, SAME BEING
IN THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF JACKSON STREET (A VARIABLE WIDTH
R.O.W.);
THENCE SOUTH 04°31'15"
WEST ALONG THE EAST LINE OF SAID STATE OF TEXAS TRACT AND THE COMMON WEST
R.O.W LINE OF SAID JACKSON STREET, A DISTANCE OF 951.21 FEET TO A MAG NAIL
WITH WASHER STAMPED "LAMB-STAR TBPLS#10048300" SET IN ASPHALT FOR
THE POINT OF BEGINNING, HAVING A SURFACE COORDINATE OF NORTH
10,087,573.756, EAST 3,110,221.872;
1) THENCE SOUTH
04°31'15" WEST CONTINUING ALONG SAID COMMON LINE, PASSING A 4 INCH
BRASS DISC STAMPED "TEXAS HIGHWAY DEPARTMENT R.O.W." FOUND, AT A
DISTANCE OF 636.60 FEET, CONTINUING IN ALL A TOTAL DISTANCE OF 1043.34 FEET
TO A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION
R.O.W." SET IN CONCRETE IN THE NEW NORTH R.O.W. LINE OF WEST 35TH
STREET (AVARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO THE STATE OF TEXAS,
RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.;
2) THENCE NORTH
80°50'24" WEST DEPARTING SAID COMMON LINE AND OVER AND ACROSS SAID
STATE OF TEXAS TRACT AND ALONG THE NEW NORTH R.O.W. LINE OF WEST 35TH
STREET, A DISTANCE OF 320.77 FEET TO A 4 INCH BRASS DISC STAMPED
"TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE IN
THE WEST LINE OF SAID STATE OF TEXAS TRACT, SAME BEING THE EAST R.O.W. LINE
OF MO-PAC EXPRESSWAY (LOOP 1, VARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO
THE STATE OF TEXAS, RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.;
3) THENCE NORTH
04°01'11" EAST ALONG THE WEST LINE OF SAID STATE OF TEXAS TRACT AND
THE COMMON EAST R.O.W LINE OF SAID MO-PAC EXPRESSWAY (LOOP 1), A DISTANCE
OF 374.34 FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF
TRANSPORTATION R.O.W." SET IN CONCRETE;
4) THENCE NORTH
05°50'15" EAST CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 205.75
FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF
TRANSPORTATION R.O.W." SET IN CONCRETE;
5) THENCE NORTH
04°49'47" EAST CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 124.25
FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF
TRANSPORTATION R.O.W." SET IN CONCRETE;
6) THENCE NORTH
03°23'50" EAST CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 313.07
FEET TO A 3 1/4 INCH ALUMINUM DISC STAMPED "TEXAS DEPT OF
TRANSPORTATION" SET IN CONCRETE;
7) THENCE SOUTH 85° 29'
55" EAST DEPARTING SAID COMMON LINE AND OVER AND ACROSS SAID STATE OF
TEXAS TRACT, A DISTANCE OF 323.74 FEET TO THE POINT OF BEGINNING AND
CONTAINING 7.5823 ACRES [330,284 SQUARE FEET] OF LAND, MORE OR LESS.
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