Bill Text: TX HB4664 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to authorizing the sale of certain real property by the State of Texas to the Trinity River Authority of Texas.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-06-14 - Effective immediately [HB4664 Detail]

Download: Texas-2021-HB4664-Enrolled.html
 
 
  H.B. No. 4664
 
 
 
 
AN ACT
  relating to authorizing the sale of certain real property by the
  State of Texas to the Trinity River Authority of Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a) Subject to Subsections (b), (c), (d), and
  (e) of this section and not later than December 31, 2021, the State
  of Texas shall offer to convey the real property described by
  Section 2 of this Act to the Trinity River Authority of Texas.
         (b)  The real property described by Section 2 of this Act may
  not be conveyed by the State of Texas to the Trinity River Authority
  of Texas for an amount less than the fair market value of the real
  property.  The fair market value of the real property must be
  established by an independent appraisal obtained by the asset
  management division of the General Land Office.
         (c)  The proceeds from the sale of real property authorized
  by this Act shall be deposited to the credit of the permanent school
  fund.
         (d)  The conveyance of the real property described by Section
  2 of this Act shall:
               (1)  be made subject to all valid covenants,
  conditions, reservations, restrictions, rights-of-way, easements,
  and leases, if any, that are recorded or apparent by visual
  inspection; and
               (2)  reserve to the State of Texas, for the use and
  benefit of the permanent school fund, all right, title, and
  interest in all oil, gas, and other minerals in and under the real
  property described by Section 2 of this Act.
         (e)  Sections 31.1571, 31.158, and 31.159, Natural Resources
  Code, do not apply to the sale of real property authorized by this
  Act.
         SECTION 2.  The real property held by the State of Texas
  being a portion of the bed of the Trinity River, adjacent to the
  William Pace League, A-60, Polk County, Texas and the Arthur Garner
  League, A-16, San Jacinto County, Texas, being 42.26 acres of real
  property, more or less, located in Polk and San Jacinto Counties,
  Texas, and more particularly described by metes and bounds as
  follows:
         BEGINNING at Y = 139,874.90 varas X = 1,322,677.95 varas, at
  the intersection of the easterly gradient boundary of the Trinity
  River in Polk County with the centerline of a bridge on F.M. 3278, a
  calculated point (1) for corner;
         THENCE, S 65°-58'-41" W, with the centerline of said bridge,
  crossing the Trinity River, at approximately 81 varas pass the
  thread of the river, being the west line of Polk and the east line of
  San Jacinto Counties, continuing into San Jacinto County, a total
  distance of 162.23 varas to an intersection with the westerly
  gradient boundary of the Trinity River, being the easterly line of a
  called 83.654 acre tract described in a deed to Camilla
  Investments, LLC recorded as file no. 11-2895, Official Public
  Records of San Jacinto County, Texas, a calculated point (2) for
  corner;
         THENCE, upstream, along the gradient boundary line of the
  Trinity River and Camilla Investments, LLC tract as follows:
         N 33°-29'-26" W - 61.56 varas to a calculated point (3);
         N 26°-08'-31" W - 55.35 varas to a calculated point (4);
         N 01°-09'-23" E - 30.73 varas to a calculated point (5);
         N 67°-48'-31" W - 40.08 varas to a calculated point (6);
         N 87°-15'-04" W - 33.90 varas to a calculated point (7);
         N 63°-29'-18" W - 22.51 varas to a calculated point (8);
         N 82°-54'-23" W - 76.81 varas to a calculated point (9);
         S 89°-06'-28" W - 64.12 varas to a calculated point (10);
         N 82°-15'-24" W - 55.92 varas to a calculated point (11);
         N 73°-39'-03" W - 106.19 varas to a calculated point (12);
         N 68°-28'-53" W - 53.77 varas to a calculated point (13);
         N 53°-42'-21" W - 52.16 varas to a calculated point (14);
         N 82°-20'-38" W - 21.62 varas to a calculated point (15);
         N 60°-18'-18" W - 42.03 varas to a calculated point (16);
         N 39°-06'-13" W - 34.66 varas to a calculated point (17);
         S 59°-49'-36" W - 15.44 varas to a calculated point (18);
         N 73°-02'-44" W - 33.45 varas to a calculated point (19);
         THENCE S 30°-16'-39" W, departing the gradient boundary,
  perpendicular to its general course, at 14.40 varas, set a 5/8" iron
  rod with a 2" diameter aluminum cap stamped "L.E. Woods Texas
  L.S.L.S." for reference point (63), continuing S 30°-16'-39" W, a
  total distance of 75.07 varas to a 1/2" iron rod found, point (20),
  for a north corner of said Camilla Investments, LLC tract and the
  southeast corner of a called 127.72 acre parcel, described as Cause
  No. VIII-A, awarded to the Trinity River Authority (TRA), according
  to Final Decree of Condemnation No. 11,243 recorded in Volume 98,
  page 428, Deed Records of San Jacinto County, Texas;
         THENCE, N 25°-43'-00" W, with the east line of said TRA 127.72
  acre parcel, a distance of 15.08 varas to a calculated point (21);
         THENCE, N 08°05'00" W, continuing with the east line of said
  TRA 127.72 acre parcel, a distance of 166.57 varas to a calculated
  point (22) for its northeast corner and the southeast corner of a
  called 86.25 acre parcel described, as Cause No. VIII-B, in said
  Final Decree of Condemnation No. 11,243 recorded in Volume 98, page
  428, Deed Records of San Jacinto County, Texas;
         THENCE, N 05°-45'-00" W, with the east line of said TRA 86.25
  acre parcel, a distance of 153.76 varas to a calculated point (23);
         THENCE, N 16°-37'-00" E, continuing with the east line of said
  TRA 86.25 acre parcel, a distance of 41.42 varas to its intersection
  with the present gradient boundary line of the Trinity River, a
  calculated point (24);
         THENCE, S 83°25'44" E, along the present gradient boundary
  line of the Trinity River, a distance of 65. 78 varas to a
  calculated point (25);
         THENCE, S 50°-24'-23" E, continuing along the present
  gradient boundary line of the Trinity River, crossing back into
  Polk County, a distance of 39.77 varas to a calculated point (26),
  being on the southwest side of a peninsula lying between the
  original course of the Trinity River and the channel excavated to
  discharge water from the floodgates of the Lake Livingston Dam;
         THENCE, downstream, along the present gradient boundary line
  of the Trinity River on the southwest side of said peninsula as
  follows:
         S 36°-15'-40" E - 19.25 varas to a calculated point (27);
         S 28°-43'-00" E - 25.83 varas to a calculated point (28);
         S 13°-46'-02" E - 22.16 varas to a calculated point (29);
         S 10°-53'-17" E - 32.80 varas to a calculated point (30);
         S 31°-55'-40" E - 66.69 varas to a calculated point (31);
         S 49°-45'-22" E - 42.38 varas to a calculated point (32);
         S 46°-00'-15" E - 54.19 varas to a calculated point (33);
         S 38°-27'-24" E - 65.29 varas to a calculated point (34);
         S 61°-00'-15" E - 70.47 varas to a calculated point (35);
         S 49°-06'-20" E - 45.10 varas to a calculated point (36);
         S 73°-16'-32" E - 32.20 varas to a calculated point (37);
         S 84°-51'-49" E - 79.31 varas to a calculated point (38);
         N 88°-24'-09" E - 55.87 varas to a calculated point (39);
         S 83°-52'-00" E - 38.29 varas to a calculated point (40);
         N 82°-28'-32" E - 20.61 varas to a calculated point (41),
  being the most southeasterly point of said peninsula;
         THENCE, upstream, along the present gradient boundary line of
  the Trinity River on the northeast side of said peninsula, as
  follows:
         N 07°-12'-33" E - 11.90 varas to a calculated point (42);
         N 37°-19'-50" W - 70.06 varas to a calculated point (43);
         N 50°-55'-59" W - 58.16 varas to a calculated point (44);
         N 36°-58'-55" W - 129.71 varas to its intersection with the
  south line of a called 70.62 acre parcel, described as Cause No. II,
  awarded to the Trinity River Authority, according to Final Decree
  of Condemnation No. 11,243 recorded in Volume 211, page 349, Deed
  Records of Polk County, Texas, a calculated point (45);
         THENCE, N 66°-01'-56" E, with a south line of said TRA 70.62
  acre parcel, a distance of 361.41 varas to a calculated point (46)
  for an angle corner of same and the northwest corner of a called
  6.29 acre parcel described, as Cause No. I, in said Final Decree of
  Condemnation No. 11,243 recorded in Volume 211, page 349, Deed
  Records of Polk County, Texas, said point being within the channel
  excavated to discharge water from the floodgates of the Lake
  Livingston Dam;
         THENCE, S 42°-22'-55" E, with the west line of said TRA 6.29
  acre parcel, a distance of 102.75 varas to its intersection with the
  present gradient boundary line, a calculated point (47) for corner;
         THENCE, downstream, along the gradient boundary of the
  Trinity River as follows:
         S 18°-36'-11" E - 39.94 varas to a calculated point (48);
         S 15°-30'-04" E - 34.31 varas to a calculated point (49);
         S 10°-01'-55" E - 49.91 varas to a calculated point (50);
         S 05°-56'-08" W, at 12.39 varas, a calculated point (64),
  being a westerly extension of the south line of said TRA 6.29 acre
  parcel and the northwest corner of the remainder area of Swartout
  Townsite as shown on a Plat recorded in Volume E, page 538, Deed
  Records of Polk County, Texas, said area purportedly owned by Wayne
  R. Baker, and from which a 5/8" iron rod with a 2" diameter aluminum
  cap stamped "L.E. Woods Texas L.S.L.S." set for reference point
  (65), bears N 69°-30'-41" E - 68.40 varas, and a 3" diameter concrete
  monument with a 3\8" iron rod in its center found for the southeast
  comer of said TRA 6.29 acre tract, being reference point (66), bears
  N 69°-30'-41" E - 180.16 varas, continuing S 05°56'08" W, a total
  distance of 30.54 varas to a calculated point (51);
         S 16°-42'-41" E - 24.49 varas to a calculated point (52);
         S 07°-53'-07" E - 27.49 varas to a calculated point (53);
         S 00°-40'-46" W - 28.81 varas to a calculated point (54);
         S 05°-09'-48" E - 25.07 varas to a calculated point (55);
         S 15°-01'-10" W - 58.27 varas to a calculated point (56);
         S 19°-53'-02" E - 13.89 varas to a calculated point (57);
         S 74°-30'-35" E - 13.99 varas to a calculated point (58);
         S 15°-03'-54" E - 7.19 varas to a calculated point (59);
         S 29°-49'-56" W - 18.79 varas to a calculated point (60);
         S 36°-59'-27" E - 15.39 varas to a calculated point (61);
         S 08°-42'-07" E - 27.15 varas to a calculated point (62);
         And S 00°-21'-58" E - 58.92 varas to the Point of Beginning.
         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, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4664 was passed by the House on May
  14, 2021, by the following vote:  Yeas 124, Nays 21, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4664 was passed by the Senate on May
  25, 2021, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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