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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Department of Motor Vehicles |
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over real property and to the transfer of specific property from the |
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Texas Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2165.007(b), Government Code, as amended |
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by Chapters 247 (S.B. 836) and 932 (H.B. 2206), Acts of the 84th |
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Legislature, Regular Session, 2015, is reenacted and amended to |
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read as follows: |
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(b) Notwithstanding any other law, the commission shall |
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provide facilities management services in relation to all state |
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agency facilities in Travis County or a county adjacent to Travis |
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County. The commission's duty does not apply to: |
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(1) a facility owned or operated by an institution of |
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higher education; |
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(2) military facilities; |
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(3) facilities owned or operated by the Texas |
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Department of Criminal Justice; |
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(4) facilities owned or operated by the Texas Juvenile |
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Justice Department; |
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(5) facilities owned or operated by the Texas |
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Department of Transportation; |
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(6) the Capitol, including the Capitol Extension, the |
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General Land Office building, the Bob Bullock Texas State History |
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Museum, any museum located on the Capitol grounds, the Governor's |
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Mansion, and any property maintained by the Texas Historical |
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Commission under Sections 442.0072 and 442.0073; |
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(7) a facility determined by the commission to be |
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completely residential; |
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(8) a regional or field office of a state agency; |
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(9) a facility located within or on state park |
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property; |
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(10) the property known as the Finance Commission |
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Building described by deed recorded in Volume 5080, Page 1099, of |
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the Deed Records of Travis County, Texas; |
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(11) the property known as the Credit Union Department |
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Building described by deed recorded in Volume 6126, Page 27, of the |
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Deed Records of Travis County, Texas; [or] |
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(12) the property known as the Texas State Cemetery |
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described as 17.376 acres located at 801 Comal, Lot 5, Division B, |
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City of Austin, Travis County, Texas; or |
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(13) facilities owned or operated by the Texas |
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Department of Motor Vehicles. |
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SECTION 2. Section 2166.003(a), Government Code, is amended |
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to read as follows: |
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(a) Unless otherwise provided, this chapter does not apply |
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to: |
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(1) a project constructed by and for the Texas |
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Department of Transportation; |
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(2) a project constructed by and for a state |
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institution of higher education; |
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(3) a pen, shed, or ancillary building constructed by |
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and for the Department of Agriculture for the processing of |
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livestock before export; |
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(4) a project constructed by the Parks and Wildlife |
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Department; |
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(5) a repair or rehabilitation project, except a major |
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renovation, of buildings and grounds on the commission inventory; |
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(6) a repair and rehabilitation project of another |
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using agency, if all labor for the project is provided by the |
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regular maintenance force of the using agency under specific |
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legislative authorization and the project does not require the |
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advance preparation of working plans or drawings; |
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(7) a repair and rehabilitation project involving the |
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use of contract labor, if the project has been excluded from this |
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chapter by commission rule and does not require the advance |
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preparation of working plans or drawings; |
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(8) an action taken by the Texas Commission on |
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Environmental Quality under Subchapter F or I, Chapter 361, Health |
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and Safety Code; |
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(9) a repair, rehabilitation, or construction project |
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on property owned by the Texas Department of Housing and Community |
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Affairs or the Texas State Affordable Housing Corporation; |
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(10) a project constructed by and for the Veterans' |
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Land Board; [or] |
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(11) a project constructed by and for the Texas |
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Historical Commission; or |
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(12) a project constructed by and for the Texas |
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Department of Motor Vehicles. |
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SECTION 3. Section 2167.001(b), Government Code, is amended |
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to read as follows: |
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(b) This chapter does not apply to: |
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(1) radio antenna space; |
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(2) residential space for a Texas Department of Mental |
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Health and Mental Retardation program; |
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(3) residential space for a Texas Juvenile Justice |
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Department program; |
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(4) space to be used for less than one month for |
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meetings, conferences, conventions, seminars, displays, |
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examinations, auctions, or similar purposes; |
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(5) district office space for members of the |
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legislature; |
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(6) space used by the Texas Workforce Commission; |
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(7) residential property acquired by the Texas |
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Department of Housing and Community Affairs or the Texas State |
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Affordable Housing Corporation that is offered for sale or rental |
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to individuals and families of low or very low income or families of |
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moderate income; |
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(8) except as provided by Section 2167.007, space for |
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a university system or institution of higher education; [or] |
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(9) space leased by the Texas Veterans Commission to |
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administer the veterans employment services program; or |
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(10) space for the Texas Department of Motor Vehicles. |
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SECTION 4. Chapter 1001, Transportation Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. AUTHORITY REGARDING REAL PROPERTY |
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Sec. 1001.201. OWNERSHIP, CONTROL, MAINTENANCE, |
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IMPROVEMENT, AND DISPOSITION OF REAL PROPERTY. (a) |
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Notwithstanding Chapters 2165, 2166, and 2167, Government Code, or |
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any other law, the department may own, control, manage, maintain, |
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improve, lease, pledge, encumber, trade, sell, transfer, and |
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otherwise dispose of real property, including improvements. |
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(b) If requested by the department, the General Land Office |
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shall negotiate and close a sale of real property under this section |
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on behalf of the department using procedures under Section |
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31.158(c), Natural Resources Code, except that the General Land |
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Office is not required to offer the School Land Board the first |
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option to purchase the real property. |
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(c) Revenue from the lease, encumbrance, sale, trade, |
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transfer, or other disposition of real property under this section |
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shall be deposited to the credit of the Texas Department of Motor |
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Vehicles fund for the use and benefit of the department. |
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(d) The expenses incurred by the General Land Office in |
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conducting a real estate transaction under this section, including |
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the payment of reasonable brokerage fees, may be deducted from the |
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proceeds of the transaction before the proceeds are deposited to |
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the credit of the Texas Department of Motor Vehicles fund. |
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Sec. 1001.202. CONTRACT AUTHORITY. (a) Notwithstanding |
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Chapters 2165, 2166, and 2167, Government Code, or any other law, |
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the department may enter into a contract regarding the management, |
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maintenance, design, construction, rehabilitation, repair, |
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renovation, improvement, inspection, lease, pledge, encumbrance, |
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trade, sale, transfer, or other disposition of real property, |
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including improvements, under this subchapter. |
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(b) The department shall comply with the requirements and |
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processes in Chapters 2165, 2166, and 2167, Government Code, to the |
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extent feasible, except that the department shall comply with a |
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requirement that expressly applies to a state agency that is exempt |
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from Chapter 2166, Government Code, under Section 2166.003 of that |
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code. Although the department is not required to use the services |
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of the Texas Facilities Commission, the department may use services |
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provided under Sections 2165.056, 2166.005, and 2167.007, |
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Government Code. |
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SECTION 5. (a) The Texas Department of Transportation may |
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transfer all or part of the property described by Subsection (f) of |
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this section to the Texas Department of Motor Vehicles. |
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(b) The Texas Department of Transportation may sell any part |
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of the property described by Subsection (f) of this section that is |
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not transferred to the Texas Department of Motor Vehicles under |
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Subsection (a) of this section to one or more financial regulatory |
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agencies, as defined by Section 16.001, Finance Code, under terms |
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that are acceptable to the parties. |
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(c) Subchapter B, Chapter 202, Transportation Code, does |
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not apply to a transfer or sale of property under this section of |
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this Act. Any revenue from the sale of property under this section |
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of this Act shall be deposited in the state highway fund. |
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(d) The Texas Department of Transportation must transfer |
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any property transferred or sold under this section of this Act by |
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an appropriate transfer instrument. The transfer instrument must |
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include a legal description of the property to be transferred. |
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(e) Any agency to which real property is transferred or sold |
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under this section of this Act is responsible for the recordation of |
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the transfer instrument. |
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(f) The real property to which Subsection (a) of this |
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section refers consists of the following two tracts of land: |
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BEING A 7.5138 ACRES [327,300 SQUARE FEET] TRACT OF LAND, MORE OR |
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LESS, IN THE WILLIAM PORTER SURVEY, ABSTRACT NO. 7, GEORGE W. SPEAR |
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LEAGUE, CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF |
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A TRACT OF LAND DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN |
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BOOK 261, PAGE 134 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS |
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(D.R.T.C.T.), SAID 7.5138 ACRE TRACT OF LAND BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING AT A 1/2 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF |
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SAID STATE OF TEXAS TRACT, SAME BEING IN THE WEST RIGHT-OF-WAY |
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(R.O.W.) LINE OF JACKSON STREET (A VARIABLE WIDTH R.O.W.), HAVING A |
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SURFACE COORDINATE OF NORTH 10,088,522.008, EAST 3,110,296.848; |
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1) THENCE SOUTH 04°31'15" WEST ALONG THE EAST LINE OF SAID |
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STATE OF TEXAS TRACT AND THE COMMON WEST R.O.W LINE OF SAID JACKSON |
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STREET, A DISTANCE OF 951.21 FEET TO A MAG NAIL WITH WASHER STAMPED |
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"LAMB-STAR TBPLS#10048300" SET IN ASPHALT; |
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2) THENCE NORTH 85°29'55" WEST DEPARTING SAID COMMON LINE |
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AND OVER AND ACROSS SAID STATE OF TEXAS TRACT, A DISTANCE OF 323.74 |
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FEET TO A 3 1/4 INCH ALUMINUM DISC STAMPED "TEXAS DEPT OF |
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TRANSPORTATION" SET IN CONCRETE IN THE WEST LINE OF SAID STATE OF |
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TEXAS TRACT, SAME BEING THE EAST R.O.W. LINE OF MO-PAC EXPRESSWAY |
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(LOOP 1, VARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO THE STATE OF |
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TEXAS, RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.; |
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3) THENCE NORTH 03°23'50" EAST ALONG THE WEST LINE OF SAID |
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STATE OF TEXAS TRACT AND THE COMMON EAST R.O.W LINE OF SAID MO-PAC |
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EXPRESSWAY (LOOP 1), A DISTANCE OF 6.95 FEET TO A 4 INCH BRASS DISC |
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STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN |
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CONCRETE; |
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4) THENCE NORTH 04°49'47" EAST CONTINUING ALONG SAID COMMON |
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LINE, A DISTANCE OF 1080.01 FEET TO A 4 INCH BRASS DISC STAMPED |
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"TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE FOR THE |
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NORTHWEST CORNER OF SAID STATE OF TEXAS TRACT, SAME BEING THE SOUTH |
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LINE OF WESTMINSTER MANOR LOT 1, BLOCK A, AN ADDITION TO THE CITY OF |
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AUSTIN, ACCORDING TO THE PLAT THEREOF RECORDED IN INSTRUMENT NUMBER |
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200600340 D.R.T.C.T., FROM WHICH A 4 INCH BRASS DISC STAMPED "TEXAS |
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DEPARTMENT OF TRANSPORTATION R.O.W." FOUND BEARS NORTH 62°07'46" |
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WEST, A DISTANCE OF 12.91 FEET; |
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5) THENCE SOUTH 62° 23' 09" EAST DEPARTING SAID COMMON LINE |
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AND ALONG THE NORTH LINE OF SAID STATE OF TEXAS TRACT AND THE COMMON |
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SOUTH LINE OF SAID WESTMINSTER MANOR LOT 1, BLOCK A, A DISTANCE OF |
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345.76 FEET TO THE POINT OF BEGINNING AND CONTAINING 7.5138 ACRES |
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[327,300 SQUARE FEET] OF LAND, MORE OR LESS. |
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TRACT 2 |
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BEING A 7.5823 ACRES [330,284 SQUARE FEET] TRACT OF LAND, MORE OR |
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LESS, IN THE WILLIAM PORTER SURVEY, ABSTRACT NO. 7, GEORGE W. SPEAR |
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LEAGUE, CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF |
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A TRACT OF LAND DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN |
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BOOK 261, PAGE 134 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS |
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(D.R.T.C.T,), SAID 7.5823 ACRE TRACT OF LAND BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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COMMENCING AT A 1/2 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF |
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SAID STATE OF TEXAS TRACT, SAME BEING IN THE WEST RIGHT-OF-WAY |
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(R.O.W.) LINE OF JACKSON STREET (A VARIABLE WIDTH R.O.W.); |
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THENCE SOUTH 04°31'15" WEST ALONG THE EAST LINE OF SAID STATE OF |
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TEXAS TRACT AND THE COMMON WEST R.O.W LINE OF SAID JACKSON STREET, A |
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DISTANCE OF 951.21 FEET TO A MAG NAIL WITH WASHER STAMPED "LAMB-STAR |
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TBPLS#10048300" SET IN ASPHALT FOR THE POINT OF BEGINNING, HAVING A |
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SURFACE COORDINATE OF NORTH 10,087,573.756, EAST 3,110,221.872; |
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1) THENCE SOUTH 04°31'15" WEST CONTINUING ALONG SAID COMMON |
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LINE, PASSING A 4 INCH BRASS DISC STAMPED "TEXAS HIGHWAY DEPARTMENT |
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R.O.W." FOUND, AT A DISTANCE OF 636.60 FEET, CONTINUING IN ALL A |
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TOTAL DISTANCE OF 1043.34 FEET TO A 4 INCH BRASS DISC STAMPED "TEXAS |
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DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE IN THE NEW |
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NORTH R.O.W. LINE OF WEST 35TH STREET (AVARIABLE WIDTH R.O.W.) |
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DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN VOLUME 6823, |
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PAGE 637 D.R.T.C.T.; |
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2) THENCE NORTH 80°50'24" WEST DEPARTING SAID COMMON LINE |
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AND OVER AND ACROSS SAID STATE OF TEXAS TRACT AND ALONG THE NEW |
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NORTH R.O.W. LINE OF WEST 35TH STREET, A DISTANCE OF 320.77 FEET TO |
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A 4 INCH BRASS DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION |
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R.O.W." SET IN CONCRETE IN THE WEST LINE OF SAID STATE OF TEXAS |
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TRACT, SAME BEING THE EAST R.O.W. LINE OF MO-PAC EXPRESSWAY (LOOP 1, |
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VARIABLE WIDTH R.O.W.) DESCRIBED IN DEED TO THE STATE OF TEXAS, |
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RECORDED IN VOLUME 6823, PAGE 637 D.R.T.C.T.; |
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3) THENCE NORTH 04°01'11" EAST ALONG THE WEST LINE OF SAID |
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STATE OF TEXAS TRACT AND THE COMMON EAST R.O.W LINE OF SAID MO-PAC |
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EXPRESSWAY (LOOP 1), A DISTANCE OF 374.34 FEET TO A 4 INCH BRASS |
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DISC STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN |
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CONCRETE; |
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4) THENCE NORTH 05°50'15" EAST CONTINUING ALONG SAID COMMON |
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LINE, A DISTANCE OF 205.75 FEET TO A 4 INCH BRASS DISC STAMPED |
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"TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE; |
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5) THENCE NORTH 04°49'47" EAST CONTINUING ALONG SAID COMMON |
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LINE, A DISTANCE OF 124.25 FEET TO A 4 INCH BRASS DISC STAMPED |
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"TEXAS DEPARTMENT OF TRANSPORTATION R.O.W." SET IN CONCRETE; |
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6) THENCE NORTH 03°23'50" EAST CONTINUING ALONG SAID COMMON |
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LINE, A DISTANCE OF 313.07 FEET TO A 3 1/4 INCH ALUMINUM DISC |
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STAMPED "TEXAS DEPT OF TRANSPORTATION" SET IN CONCRETE; |
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7) THENCE SOUTH 85° 29' 55" EAST DEPARTING SAID COMMON LINE |
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AND OVER AND ACROSS SAID STATE OF TEXAS TRACT, A DISTANCE OF 323.74 |
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FEET TO THE POINT OF BEGINNING AND CONTAINING 7.5823 ACRES [330,284 |
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SQUARE FEET] OF LAND, MORE OR LESS. |
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SECTION 6. To the extent of any conflict, this Act prevails |
|
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over another Act of the 85th Legislature, Regular Session, 2017, |
|
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relating to nonsubstantive additions to and corrections in enacted |
|
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codes. |
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SECTION 7. 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, 2017. |