Bill Text: TX HB1738 | 2015-2016 | 84th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
By: Isaac | 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 has received a grant of highway | ||
right-of-way from the department 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; 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 are the | ||
following tracts in Hays County: | ||
(1) FIELD NOTE DESCRIPTION OF 1.245 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 HAYS COUNTY ROAD NO. 320 | ||
RIGHT-OF-WAY, SAID 1.245 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 said county road, bears S 47°15'27" E, a | ||
distance of 275.12 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 follow two (2) courses: | ||
1) along a curve to the right, having a radius of | ||
1,959.86 feet, an arc length of 175.58 feet, a chord bearing of N | ||
30°25'51" W, and a chord distance of 175.52 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 leaving the south right-of-way line of said county | ||
road, over and across the right-of-way of said county road, along | ||
said future right-of-way line, 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] set 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 | ||
1,859.86 feet, an arc length of 280.53 feet, a chord bearing of S | ||
32°04'02" E, and a chord distance of 280.26 feet, to a 1/2 inch | ||
capped iron rod [CMA 5911] set in the deed line of said 142.00 acre | ||
tract; | ||
THENCE leaving the north right-of-way line of said county | ||
road, over and across the right-of-way of said county road, with the | ||
deed line of said 142.00 acre tract, S 01°56'52" E, a distance of | ||
89.37 feet, to a capped 1/2 inch iron rod (CMA 5911] set in the north | ||
right-of-way line of U.S. Hwy 290 for the southernmost corner of the | ||
herein described tract; | ||
THENCE with the north right-of-way line of U.S. Hwy 290, | ||
along a curve to the right, having a radius of 5,669.58 feet, an arc | ||
length of 198.40 feet, a chord bearing of N 49°39'01" W, and a chord | ||
distance of 198.39 feet to the POINT OF BEGINNING, containing 1.245 | ||
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. | ||
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. |