|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
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. |