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AN ACT
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relating to granting an easement to the City of Austin. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Subject to Subsection (b) of this section, |
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as soon as practicable after the effective date of this Act, the |
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General Land Office on behalf of the State of Texas shall grant to |
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the City of Austin, by an appropriate instrument of conveyance, a |
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permanent easement in the property owned by the State of Texas and |
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described by Subsection (d) of this section. |
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(b) Consideration for the easement to be granted under |
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Subsection (a) of this section is the requirement that the City of |
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Austin use the easement primarily to promote a public purpose of the |
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state by using the easement primarily as a sidewalk, trail, and |
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recreation easement and thereby promoting public health and general |
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welfare and providing recreation, beautification, and civic |
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improvement. The easement automatically terminates if the City of |
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Austin: |
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(1) uses the easement in a manner that fails to promote |
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a public purpose of the state described by this subsection of this |
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section; or |
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(2) sells or transfers all or any part of the easement. |
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(c) The City of Austin shall reimburse the General Land |
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Office for the expenses incurred by the General Land Office in |
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connection with granting the easement under this section of this |
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Act. |
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(d) The easement referred to in this section is in the |
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property described as follows: |
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DESCRIPTION OF A 0.667 OF ONE ACRE TRACT OF LAND |
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LOCATED IN THE GEORGE W. SPEAR SURVEY, ABSTRACT NO. |
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697, TRAVIS COUNTY, TEXAS, BEING A PORTION OF THAT |
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TRACT OF LAND CONVEYED TO S. ROSS, GOVERNOR OF THE |
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STATE OF TEXAS AND HIS SUCCESSORS IN OFFICE FOR THE USE |
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AND BENEFIT OF THE STATE OF TEXAS AS RECORDED IN VOLUME |
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76, PAGE 225, OF THE DEED RECORDS OF TRAVIS COUNTY, |
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TEXAS; SAID TRACT OF LAND BEING MORE PARTICULARLY |
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DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING, at a 60d nail found in the north line of that 1.51 acre |
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tract of land conveyed to the City of Austin in a Gift Deed Of Land |
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recorded in Volume 5154, Page 2230, of said Deed Records, same being |
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a corner in the easterly line of THE GROVE AT SHOAL CREEK, according |
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to the map or plat thereof recorded in Document No. 201800146, of |
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the Official Public Records of said County, and the northwest |
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corner of the herein described tract, from which a 1/2 inch iron rod |
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found for the northwest corner of said 1.51 acre tract, bears North |
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62°26'39" West, a distance of 41.93 feet; |
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THENCE, North 01°22'52" East (bearing basis), with said easterly |
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line of THE GROVE AT SHOAL CREEK, a distance of 151.80 feet to the |
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northwest corner of the herein described tract, from which a, X mark |
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in rock found for a corner in said easterly line bears, North |
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01°22'52" East, a distance of 362.51 feet; |
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THENCE, departing said easterly line and over and across said State |
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of Texas tract the following four (4) courses and distances: |
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1. South 85°36'10" East,, a distance of 130.18 feet; |
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2. South 01°22'52" West, a distance of 149.86 feet to the to |
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the beginning of a curve to the left; |
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3. With said curve to the left, having a radius of 50.00 |
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feet, an arc length of 55.70 feet, a delta angle of 63°49'31", and a |
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chord which bears South 30°31'53 East, a distance of 52.86 feet to |
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the end of said curve; |
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4. South 62°26'39" East, a distance of 191.49 feet to the |
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northeast corner of the herein described tract, being in the |
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curving west right-of-way line of Shoal Creek Boulevard (80' |
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right-of-way - no dedication found), from which a 1/2 inch iron rod |
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found for the common west corner of Lot 1 and Lot 2, SHOAL CREEK |
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VILLAGE, according to the map or plat thereof recorded in Volume 97, |
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Page 35, of said Plat Records, bears South 83°30'05' East a distance |
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of 84.97 feet; |
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THENCE, with said west right-of-way line and with said non-tangent |
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curve to the left, having a radius of 318.41 feet, an arc length of |
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25.15 feet, a delta angle of 04°31'32", and a chord which bears South |
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21°25'26" West, a distance of 25.14 feet to the southeast corner of |
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the herein described tract, same being the northeast corner of Lot |
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5, SHOAL COURTS, according to the map or plat thereof recorded in |
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Volume 6, Page 280, of said Plat Records; |
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THENCE, North 62°26'39" West, with the north line of said Lot 5, |
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passing a 1/2 inch iron rod found in a concrete retaining wall for |
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the northwest corner of said Lot 5 and the northeast corner of said |
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1.51 acre tract at a distance of 155.49 (record 155.75) feet and |
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continuing for a total distance of 357.88 feet the POINT OF |
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BEGINNING containing 0.667 of one acre of land within these metes |
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and bounds. |
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Subject tract described herein is an easement. No monumentation set |
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for corners. |
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Bearing Basis: Easterly line of said THE GROVE AT SHOAL CREEK. North |
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01°22'52" East |
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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, 2019. |
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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. 2978 was passed by the House on May 3, |
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2019, by the following vote: Yeas 140, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2978 on May 24, 2019, by the following vote: Yeas 118, Nays 23, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2978 was passed by the Senate, with |
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amendments, on May 22, 2019, by the following vote: Yeas 30, Nays |
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1. |
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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 |