| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the lease of certain state property from the Department |
|
|
of State Health Services to Travis County. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. (a) As soon as practicable after the effective |
|
|
date of this Act, the Department of State Health Services shall |
|
|
lease to Travis County the real property described by Section 2 of |
|
|
this Act. |
|
|
(b) The consideration for the lease authorized by this |
|
|
section is the requirement that Travis County use the leased |
|
|
property only in a manner that primarily promotes a public purpose |
|
|
of this state. If Travis County fails to use the property in a |
|
|
manner described by this subsection for more than 180 continuous |
|
|
days, the lease terminates and possession of the property |
|
|
automatically reverts to the Department of State Health Services. |
|
|
(c) The Department of State Health Services shall lease the |
|
|
property by an appropriate instrument of transfer. The instrument |
|
|
of transfer must: |
|
|
(1) provide that: |
|
|
(A) Travis County may use the property only in a |
|
|
manner that primarily promotes a public purpose of this state; |
|
|
(B) the lease will terminate and possession of |
|
|
the property will automatically revert to the Department of State |
|
|
Health Services if Travis County fails to use the property in a |
|
|
manner described by Paragraph (A) of this subdivision for more than |
|
|
180 continuous days; |
|
|
(C) the lease shall be for a term of 99 years; and |
|
|
(D) Travis County may: |
|
|
(i) operate and maintain public amenities |
|
|
on the property; and |
|
|
(ii) construct and demolish improvements, |
|
|
utilities, infrastructure, and amenities on the property; and |
|
|
(2) describe the leased property by metes and bounds. |
|
|
(d) The Department of State Health Services shall retain |
|
|
custody of the instrument of transfer after the instrument of |
|
|
transfer is filed in the real property records of Travis County. |
|
|
(e) Sections 533.084 and 533.087, Health and Safety Code, |
|
|
and Section 31.158, Natural Resources Code, do not apply to the |
|
|
lease of real property authorized by this Act. |
|
|
SECTION 2. The real property referred to in Section 1 of |
|
|
this Act is described as follows: |
|
|
A PORTION OF THE AUSTIN STATE HOSPITAL TRACT |
|
|
DESCRIPTION OF 16.08 ACRES (700,675 SQUARE FEET), MORE OR LESS, OF |
|
|
LAND AREA IN THE JAMES ROGERS SURVEY, ABSTRACT NO. 660, IN THE CITY |
|
|
OF AUSTIN, TRAVIS COUNTY, TEXAS, BEING A PORTION OF OUTLOT 79 AND |
|
|
OUTLOT 80, DIVISION D AND THE 80 FOOT WIDE ROAD TRAVERSING DIVISION |
|
|
D AND LYING NORTH OF OUTLOT 79 AND SOUTH OF OUTLOT 80, AS SHOWN ON |
|
|
THE MAP OF THE GOVERNMENT TRACT ADJOINING THE CITY OF AUSTIN, ON |
|
|
FILE IN THE GENERAL LAND OFFICE OF THE STATE OF TEXAS, AND BEING A |
|
|
PORTION OF THOSE TRACTS OF LAND CONVEYED IN A DEED DATED APRIL 4, |
|
|
1857, FROM WILLIAM FIELDS TO THE STATE OF TEXAS, AS RECORDED IN |
|
|
VOLUME L-1, PAGE 366, DEED RECORDS OF TRAVIS COUNTY, TEXAS, AND IN A |
|
|
DEED DATED FEBRUARY 18, 1858, FROM WILLIAMS FIELDS TO THE STATE OF |
|
|
TEXAS, AS RECORDED IN VOLUME M, PAGE 129, DEED RECORDS OF TRAVIS |
|
|
COUNTY, TEXAS, AND BEING MORE PARTICIULARLY DESCRIBED BY METES AND |
|
|
BOUNDS AS FOLLOWS: |
|
|
BEGINNING at a 1" iron pipe found [N=10,085,257.1900, |
|
|
E=3,115,232.4450] at the westerly northeast corner of that 38.535 |
|
|
acre portion of the aforereferenced State of Texas Tracts described |
|
|
in that "Master Lease" per the Memorandum of Lease Agreement |
|
|
between the Texas Department of Mental Health and Mental |
|
|
Retardation, and West 38th Street, LTD. dated January 9, 1992 as |
|
|
recorded in Volume 11602, Page 858, Real Property Records of Travis |
|
|
County, Texas, same being the northeast corner of that 12.799 acre |
|
|
portion of the 38.535 acre Master Lease Tract described in that |
|
|
Exhibit 1 Memorandum of Sublease to HEBCO Development, Inc. dated |
|
|
April 26, 1991, as recorded in Volume 11602, Page 863, Real Property |
|
|
Records of Travis County, Texas, and being the northwest corner of |
|
|
the herein described tract of land; |
|
|
THENCE leaving the 38.535 acre Master Lease Tract and the HEBCO |
|
|
Development Lease Tract, and crossing the remainder of the |
|
|
aforereferenced State of Texas Tracts, the following three (3) |
|
|
courses: |
|
|
1. S 61°57'00"E 738.55 feet to a mag nail set with washer |
|
|
marked "TC-TNR", for the northeast corner of the herein described |
|
|
tract of land; |
|
|
2. S 12°37'20"E 358.59 feet to a mag nail set with washer |
|
|
marked "TC-TNR", for the northeast corner of the herein described |
|
|
tract of land; and |
|
|
3. S 13°16'57"E 334.77 feet to a 5/8" iron rod set with an |
|
|
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", in the east |
|
|
line of the State of Texas Tracts, same being the west line of |
|
|
Guadalupe Street; |
|
|
THENCE with the common line of the State of Texas Tracts and said |
|
|
Guadalupe Street, S 27°35'04"W 334.12 feet to a 5/8" iron rod set |
|
|
with an aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for the |
|
|
southeast corner of the herein described tract of land, from which a |
|
|
calculated point for the easterly northeast corner of 38.535 acre |
|
|
Master Lease Tract bears S 27°35'04"W 41.11 feet, and from which, a |
|
|
1/2" iron rod found for reference, bears S 48°09'10"W 39.99 feet; |
|
|
THENCE leaving Guadalupe Street and crossing the remainder of the |
|
|
State of Texas Tracts, the following eleven (11) courses: |
|
|
1. N 61°54'32"W 61.96 feet to a 5/8" iron rod set with an |
|
|
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle |
|
|
point; |
|
|
2. S 81°56'45"W 37.68 feet to a 5/8" iron rod set with an |
|
|
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle |
|
|
point; |
|
|
3. N 62°46'13"W 220.17 feet to a 5/8" iron rod set with an |
|
|
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", to a point at |
|
|
the beginning of a right breaking curve; |
|
|
4. with said right breaking curve having a radius length of |
|
|
94.00 feet, an arc length of 69.19 feet, and a chord which bears N |
|
|
75°5'35" W 67.64 feet to a 5/8" iron rod set with an aluminum cap |
|
|
marked "TRAVIS COUNTY TNR SURVEY DEPT" at the beginning of a right |
|
|
breaking curve, said iron rod set, being located 3.25 feet north of |
|
|
an north line of the 38.535 acre Master Lease Tract; |
|
|
5. with said right breaking curve having a radius length of |
|
|
197.50 feet, an arc length of 136.27 feet, and a chord which bears N |
|
|
34°51'09" W 133.58 feet to a 5/8" iron rod set with an aluminum cap |
|
|
marked "TRAVIS COUNTY TNR SURVEY DEPT" for an angle point; |
|
|
6. N 01°00'15" E 43.94 feet to a 5/8" iron rod set with an |
|
|
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT" at the |
|
|
beginning of a right breaking curve; |
|
|
7. with said right breaking curve having a radius length of |
|
|
41.00 feet, an arc length of 49.50 feet, and a chord which bears N |
|
|
34°29'28" W 46.55 feet to a 5/8" iron rod set with an aluminum cap |
|
|
marked "TRAVIS COUNTY TNR SURVEY DEPT"; |
|
|
8. N 18°10'54"E 33.78 feet to a 5/8" iron rod set with an |
|
|
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle |
|
|
point, said iron rod set, being located 0.75 of a foot east of an |
|
|
east line of the 38.535 acre Master Lease Tract; |
|
|
9. N 74°07'59"E 51.32 feet to a 5/8" iron rod set with an |
|
|
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle |
|
|
point; |
|
|
10. N 24°26'32"E 71.15 feet to a 5/8" iron rod set with an |
|
|
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", at the |
|
|
beginning of a left breaking curve; and |
|
|
11. with said left breaking curve having a radius length of |
|
|
180.00 feet, an arc length of 93.40 feet, and a chord which bears N |
|
|
05°48'02"E 92.36 feet to a 1" iron pipe found for an exterior corner |
|
|
of the 38.535 acre Master Lease Tract; |
|
|
THENCE leaving the 38.535 acre Master Lease Tract and crossing the |
|
|
remainder of the State of Texas Tracts, the following four (4) |
|
|
courses: |
|
|
1. N 59°32'54"W 350.73 feet to a 5/8" iron rod set with an |
|
|
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle |
|
|
point; |
|
|
2. N 43°03'29"W 104.81 feet to a 5/8" iron rod set with an |
|
|
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle |
|
|
point; and |
|
|
3. N 57°27'47"W 30.60 feet to a 5/8" iron rod set with an |
|
|
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", in an easterly |
|
|
line of the 38.535 acre Master Lease Tract, same being the east line |
|
|
of the HEBCO Development Lease Tract, for the southwest corner of |
|
|
the herein described tract of land, from which, a calculated point |
|
|
for an interior corner of the 38.535 acre Master Lease Tract, bears |
|
|
S 27°34'11"W 62.26 feet, and a calculated point for the southeast |
|
|
corner of the HEBCO Development Lease Tract, bears S 27°34'11"W 1.39 |
|
|
feet; |
|
|
THENCE with the common line of the 38.535 acre Master Lease Tract |
|
|
and the HEBCO Development Lease Tract, N 27°34'11"E 567.56 feet to |
|
|
the PLACE OF BEGINNING. There are contained within these metes and |
|
|
bounds 16.08 acres (700,675 square feet), more or less, of land area |
|
|
as surveyed on the ground by the Travis County Transportation and |
|
|
Natural Resources Survey Department of Austin, Texas. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |