Bill Text: TX HB1738 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the release of certain restrictions on the use of certain highway rights-of-way transferred to a municipality from the Texas Department of Transportation.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-06-18 - Effective immediately [HB1738 Detail]
Download: Texas-2015-HB1738-Enrolled.html
H.B. No. 1738 |
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relating to the release of certain restrictions on the use of | ||
certain highway rights-of-way transferred to a municipality from | ||
the Texas Department of Transportation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 202.021, Transportation Code, is amended | ||
by adding Subsection (e-2) to read as follows: | ||
(e-2) A municipality that received a grant of highway | ||
right-of-way from the department on June 12, 2013, that is subject | ||
to a reservation described by Subsection (e-1) and that is | ||
described by Section 2 of the Act enacting this subsection may, with | ||
the approval of its governing body after a public hearing, enter | ||
into an agreement with the department under which: | ||
(1) the department agrees to: | ||
(A) recommend to the governor that an instrument | ||
releasing the reservation be executed; and | ||
(B) if executed, record the instrument in the | ||
deed records of the county in which the right-of-way is located; and | ||
(2) the municipality, if the instrument releasing the | ||
reservation is executed, agrees to: | ||
(A) transfer the right-of-way to one or more | ||
landowners in exchange for real property with a value that is equal | ||
to or greater than the value of the right-of-way and that is | ||
described by Section 2 of the Act enacting this subsection; | ||
(B) use the acquired real property for public | ||
road purposes necessary to accomplish a portion of a transportation | ||
master plan adopted by the municipality's governing body at a | ||
public meeting in February 2008; and | ||
(C) execute and record in the deed records of the | ||
county in which the acquired real property is located a restrictive | ||
covenant that grants the real property to the state if the real | ||
property ceases to be used for public road purposes. | ||
SECTION 2. The real property to be exchanged under Section | ||
202.021(e-2), Transportation Code, as added by this Act, is the | ||
following tracts in Hays County: | ||
(1) FIELD NOTE DESCRIPTION OF 1.503 ACRES OF LAND, MORE OR | ||
LESS, OUT OF THE PHILLIP A. SMITH SURVEY NO. 26, ABSTRACT NO. 415, | ||
HAYS COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 8.34 ACRE TRACT | ||
OF RIGHT OF WAY CONVEYED TO THE CITY OF DRIPPING SPRINGS BY DEED | ||
RECORDED IN VOLUME 4741, PAGE 377, OFFICIAL PUBLIC RECORDS OF HAYS | ||
COUNTY, TEXAS, SAID 1.503 ACRES BEING MORE PARTICULARLY DESCRIBED | ||
BY METES AND BOUNDS AS FOLLOWS: | ||
COMMENCING at a concrete highway monument found at a point of | ||
curvature in the north right-of-way line of U.S. Hwy 290 (station | ||
924+80.70) and southwest line of Lot 1, R. J. Ragland Subdivision, | ||
as recorded in volume 194, page 347, Deed Records, Hays County, | ||
Texas, from which a capped 1/2 inch iron [CMA 5911] set in the | ||
curving north right-of-way line of U.S. Hwy 290 and south | ||
right-of-way line of Hays County Road No. 320, bears S 47°19'30" E, | ||
a distance of 275.02 feet, for the POINT OF BEGINNING of the herein | ||
described tract; | ||
THENCE with the south right-of-way line of said county road | ||
and northeast line of said Lot 1, the following two (2) courses: | ||
1) along a curve to the right, having a radius of 1,959.89 | ||
feet, an arc length of 175.39 feet, a chord bearing of N 30°31'20" W, | ||
and a chord distance of 175.33 feet to a concrete highway monument | ||
found at a point of non-tangency, and | ||
2) N 27°44'46" W, a distance of 245.39 feet to a capped 1/2 | ||
inch iron rod [CMA 5911] set in the future south right-of-way line | ||
of Roger Hanks Parkway, for the northwest corner of the herein | ||
described tract; | ||
THENCE over and across the right-of-way of said county road, | ||
along said future right-of-way, along a curve to the right, having a | ||
radius of 360.00 feet, an arc length of 100.37 feet, a chord bearing | ||
of N 60°41'43" E, and chord distance of 100.05 feet, to a capped 1/2 | ||
inch iron rod [RPLS 4404] found in the north right-of-way line of | ||
said county road for the northeast corner of the herein described | ||
tract; | ||
THENCE leaving said future right-of-way, with the north | ||
right-of-way line of said county road and south line of that certain | ||
142.00 acre tract conveyed to Draper Ranch Partnership by deed | ||
recorded in volume 936, page 868, Official Public Records, Hays | ||
County, Texas, the following two (2) courses: | ||
1) S 27°44'46" E, a distance of 247.58 feet to a concrete | ||
monument found for a point of curvature, and | ||
2) along a curve to the left, having a radius of 1,858.68 | ||
feet, an arc length of 757.95 feet, a chord bearing of S 39°19'38" E, | ||
and a chord distance of 752.71 feet, to a 1/2 inch capped iron rod | ||
[CMA 5911] set in the east line of said 142.00 acre tract; | ||
THENCE leaving the north right-of-way line of said county | ||
road, with the south line of said 8.34 acre tract, the following | ||
three (3) courses: | ||
1) N 53°18'17" W, a distance of 357.78 feet, to a capped 1/2 | ||
inch iron rod [RPLS 4404] found for an angle point in south line of | ||
the herein described tract, | ||
2) N 44°57'46" W, a distance of 54.06 feet, to a Mag nail | ||
found for an angle point in the south line of the herein described | ||
tract, and | ||
3) along a curve to the right, having a radius of 5,669.65 | ||
feet, an arc length of 200.79 feet, a chord bearing of N 48°50'36" W, | ||
and a chord distance of 200.78 feet to the POINT OF BEGINNING, | ||
containing 1.503 acres, more or less; and | ||
(2) FIELD NOTE DESCRIPTION OF 11,604 SQUARE FEET ACRES OF | ||
LAND, MORE OR LESS, OUT OF THE PHILLIP A. SMITH SURVEY NO. 26, | ||
ABSTRACT NO. 415, HAYS COUNTY, TEXAS, AND BEING A PORTION OF LOT 1, | ||
R. J. RAGLAND SUBDIVISION, HAYS COUNTY, TEXAS, AS RECORDED IN | ||
VOLUME 194, PAGE 347, DEED RECORDS OF HAYS COUNTY, TEXAS, SAID | ||
11,604 SQUARE FEET BEING MORE PARTICULARLY DESCRIBED BY METES AND | ||
BOUNDS AS FOLLOWS: | ||
BEGINNING at a capped 1/2 inch iron rod [RPLS 4404] found for | ||
the northernmost corner of said Lot 1 and easternmost corner of Lot | ||
2 of said Ragland subdivision, in the south right-of-way line of | ||
Hays County Road No. 320 (Old U.S. Hwy 290) for the POINT OF | ||
BEGINNING and northernmost corner of the herein described tract; | ||
THENCE with said south right-of-way line, S 27°44'46" E, a | ||
distance of 88.41 feet to a capped 1/2 inch iron rod [CMA 5911] set | ||
in the future south right-of-way line of Roger Hanks Parkway for the | ||
easternmost corner of the herein described tract; | ||
THENCE leaving the south right-of-way line of said county | ||
road, with future south right-of-way line of Roger Hanks Parkway, | ||
over and across said Lot 1, the following two (2) courses: | ||
1) along a curve to the left, having a radius of 360.00 feet, | ||
an arc length of 53.88 feet, a chord bearing of S 48°25'13" W, and a | ||
chord distance of 53.83 feet to a capped 1/2 inch iron rod [CMA | ||
5911] set for a point of tangency, and | ||
2) S 44°07'58" W, a distance of 76.04 feet, to a capped 1/2 | ||
inch iron rod [CMA 5911] set in the north right-of-line of U.S. Hwy | ||
290 (100 foot wide) for the southernmost corner of the herein | ||
described tract; | ||
THENCE with said north right-of-way line, N 45°52'02" W, a | ||
distance of 80.00 feet, to a capped 1/2 inch iron rod [CMA 5911] set | ||
for the westernmost corner of said Lot 1, southernmost corner of | ||
said Lot 2, and westernmost corner of the herein described tract; | ||
THENCE with the common line between said Lot 1 and said Lot 2, | ||
N 44°07'58" E, a distance of 157.22 feet to the POINT OF BEGINNING, | ||
containing 11,604 square feet more or less. | ||
(3) FIELD NOTE DESCRIPTION OF A 1.76 ACRE TRACT OF LAND OUT | ||
OF THE P.A.SMITH SURVEY NO. 26, HAYS COUNTY, TEXAS, BEING OUT OF A | ||
CALLED 142.00 ACRE TRACT OF LAND CONVEYED TO DRAPER RANCH | ||
PARTNERSHIP IN VOLUME 936, PAGE 868, OFFICIAL PUBLIC RECORDS OF | ||
HAYS COUNTY, TEXAS, SAID 1.76 ACRES BEING MORE PARTICULARLY | ||
DESCRIBED BY METES AND BOUNDS AS FOLLOWS; | ||
BEGINNING at a 1/2 inch iron rod with cap set for the | ||
northwest corner of the herein described tract, said iron rod being | ||
in the northeast corner of a called 19.21 acre tract of land | ||
conveyed to Hilltop Campus, LTD. In Volume 1780, Page 747, Official | ||
Public Records of Hays County, Texas, said iron rod being in the | ||
south line of a called 98.47 acre tract of land (remainder tract) | ||
recorded in Document No. 9926903, Official Public Records of Hays | ||
County, Texas; | ||
THENCE N.89°11'23"E, with the south line of said 98.47 acre | ||
remainder tract and the north line of the herein described tract, a | ||
distance of 19.96 feet to a 1/2 inch iron rod with cap set for the | ||
northeast corner of the herein described tract, said iron rod being | ||
a northwest corner of a called 4.03 acre tract of land conveyed to | ||
The City of Dripping Springs, Texas in Volume 1878, Page 624, | ||
Official Public Records of Hays County, Texas; | ||
THENCE S 01°18'22"E, with the west line of said 4.03 acre | ||
tract and the east line of said Draper Ranch Partnership remainder | ||
tract, a distance of 1010.94 feet to a 1/2 inch iron rod with cap set | ||
for the beginning of a non-tangent curve to the right; | ||
THENCE crossing said Draper Ranch Partnership remainder | ||
tract, the following three (3) courses and distances; | ||
1) with the arc of a non-tangent curve to the right, a | ||
distance of 396.92 feet, said curve having a radius of 440.00 feet | ||
and a chord bearing of S 54°49'12"W, a chord distance of 383.60 feet | ||
to a 1/2 inch iron rod with cap set for the end of said curve; | ||
2) S 80°39'46"W, a distance of 223.53 feet to a 1/2 inch iron | ||
rod with cap set for the beginning of a curve to the left, and | ||
3) with the arc of a curve to the left, a distance of 68.19 | ||
feet, said curve having a radius of 360.00 feet and a chord bearing | ||
of S 75°14'11"W, a chord distance of 68.09 feet to a 1/2 inch iron | ||
rod with cap set in the east right of way of Hays County Road No. 320 | ||
(R.O.W. varies), said iron rod being in the westerly line of said | ||
Draper Ranch Partnership remainder tract for the most southerly | ||
corner of the herein described tract, from which a concrete highway | ||
monument found bears S 26°42'54"E, a distance of 247.70 feet; | ||
THENCE N 26°42'54"W, with the east right of way of Hays County | ||
Road No. 320, a distance of 80.43 feet to a 1/2 inch iron rod with | ||
cap set for the most westerly corner of the herein described tract | ||
and the beginning of a non-tangent curve to the right; | ||
THENCE crossing said Draper Ranch Partnership remainder | ||
tract, the following four courses and distances; | ||
1) with the arc of a non-tangent curve to the right, a | ||
distance of 92.48 feet, said curve having a radius of 440.00 feet | ||
and a chord bearing of N 74°38'29"E, a chord distance of 92.31 feet | ||
to a 1/2 inch iron rod with cap set for the end of said curve; | ||
2) N 80°39'46"E, a distance of 223.53 feet to a 1/2 inch iron | ||
rod with cap set for the beginning of a curve to the left; | ||
3) with the arc of a curve to the left, a distance of 515.03 | ||
feet, said curve having a radius of 360.00 feet and a chord bearing | ||
of N 39°40'42"E, a distance of 472.22 feet to a 1/2 inch iron rod | ||
with cap set for the end of said curve, and | ||
4) N 01°18'22"W, a distance of 789.23 feet to the POINT OF | ||
BEGINNING, containing 1.76 acres of land. | ||
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, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1738 was passed by the House on April | ||
30, 2015, by the following vote: Yeas 139, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1738 on May 28, 2015, by the following vote: Yeas 141, Nays 1, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1738 was passed by the Senate, with | ||
amendments, on May 26, 2015, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |