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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the sale of certain real property by the |
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State of Texas to the Port of Corpus Christi Authority of Nueces |
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County, Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The real property described by Section 2 of |
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this Act was originally submerged land purchased by the Port of |
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Corpus Christi from the State of Texas in 1956 pursuant to Article |
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8225, Revised Civil Statutes of Texas. Following the conveyance, |
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the submerged land was artificially filled and subsequently leased |
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to a third party for non-navigation related purposes. Following |
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litigation between the port and the State of Texas, the parties |
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entered into a settlement agreement pursuant to which the real |
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property was conveyed back to the State. The port now wishes to use |
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the real property for navigation-related purposes. |
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(b) Accordingly, subject to subsections (c), (d), and (e) of |
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this section, the State of Texas shall convey the real property |
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described by Section 2 of this Act to the Port of Corpus Christi |
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Authority of Nueces County, Texas, to be used by the port only for |
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purposes reasonably related to the promotion of navigation as |
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defined under Section 61.116(b), Water Code. |
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(c) The real property described by Section 2 of this Act may |
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not be conveyed by the State of Texas to the Port of Corpus Christi |
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Authority of Nueces County, Texas, for an amount less than the fair |
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market value of the real property. The fair market value of the real |
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property must be established by an independent appraisal obtained |
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by the asset management division of the General Land Office. |
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(d) The proceeds from the sale of real property authorized |
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by this Act must be paid to the State of Texas for the benefit of the |
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permanent school fund, including royalties in all oil, gas, and |
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other minerals in and under the real property described by Section 2 |
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of this Act. |
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(e) The conveyance of the real property described by Section |
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2 of this Act shall be made subject to all covenants, conditions, |
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reservations, restrictions, rights of way, easements and leases, if |
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any, that are valid, in existence, and of record, or are apparent by |
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visual inspection. |
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(f) The port may not lease the real property described by |
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Section 2 of this Act for a use which is not reasonably related to |
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the promotion of navigation as defined under Section 61.116(b), |
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Water Code, and may not dispose of the real property except to sell |
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or exchange such property with the State of Texas in accordance with |
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Section 61.117(f), Water Code. |
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(g) Sections 31.1571, 31.158, and 31.159, Natural Resources |
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Code, do not apply to the sale of real property authorized by this |
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Act. |
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SECTION 2. The real property held by the State of Texas is |
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submerged and filled submerged land being 33.26 acres of real |
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property, more or less, located in Nueces County, Texas, and more |
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particularly described by metes and bounds as follows: |
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BEGINNING at a 5/8" steel rod found to replace the original |
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corner "P" marking the original meanders of Nueces Bay as |
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shown on said map recorded in Volume 1251, Page 340, Deed |
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Records, Nueces County, Texas, said corner having |
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coordinates of N 17194856.64, E 1344097.53, Texas South Zone |
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4205, NAD 83, combined scale factor 1.000005016, for an |
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exterior corner in the south line of this tract; |
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THENCE, S-66°-42'-47"-W, along said original shoreline |
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meander, a distance of 254.92v, 708.10' to a 5/8" steel rod |
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set to replace called corner "0" for the most southerly |
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corner of this tract; |
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THENCE, N-53°-59'-13"-W, continuing along original shoreline |
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meanders, a distance of 147.38v, 409.40' to a point which |
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falls in the water for an interior corner in the south line of |
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this tract; |
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THENCE, S-85°-15'-47"-W, continuing along original shoreline |
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meanders, a distance of 44.86v, 124.60' to a point which |
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falls in the water at the intersection of said shoreline |
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meanders with the southeast bulkhead line of Canal B as shown |
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on said map for the west corner of this tract; |
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THENCE, N-31 °-34'-47"-E, a distance of 577.00v, 1602.79' to a |
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point in the water at the intersection of said Canal B |
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bulkhead line with the Rincon Canal bulkhead line for the |
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north corner of this tract; |
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THENCE, S-58°-25'-13"-E, a distance of 504.00v, 1400.00' to a |
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point in the water at the intersection of said Rincon Canal |
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bulkhead line with the Canal A bulkhead line for the east |
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corner of this tract; |
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THENCE, S-31°-34'-47"-W, a distance of 142.04v, 394.57' to a |
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point in the water at the intersection of said Canal A |
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bulkhead line with the original shoreline meanders for the |
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southeast corner of this tract; |
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THENCE, N-47°-19'-13"-W, along said original shoreline, a |
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distance of 204.22v, 567.29' to a 5/8" steel rod set to |
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replace called corner "Q" for an interior corner of this |
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tract: |
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THENCE, S-25°-36'-47"-W, along said original shoreline, a |
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distance of 252.00v, 700.00' to the POINT OF BEGINNING and |
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containing 33.26-acres of land, more or less. |
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SECTION 3. 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, 2021. |