Bill Text: TX HB2978 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to granting an easement to the City of Austin.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-06-14 - Effective immediately [HB2978 Detail]

Download: Texas-2019-HB2978-Comm_Sub.html

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By: Howard (Senate Sponsor - Watson) H.B. No. 2978
(In the Senate - Received from the House May 6, 2019;
May 13, 2019, read first time and referred to Committee on Business &
Commerce; May 20, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 20, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2978 By: Nichols

A BILL TO BE ENTITLED
AN ACT
relating to granting an easement to the City of Austin.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Subject to Subsection (b) of this section, as
soon as practicable after the effective date of this Act, the
General Land Office on behalf of the State of Texas shall grant to
the City of Austin, by an appropriate instrument of conveyance, a
permanent easement in the property owned by the State of Texas and
described by Subsection (d) of this section.
(b) Consideration for the easement to be granted under
Subsection (a) of this section is the requirement that the City of
Austin use the easement primarily to promote a public purpose of the
state by using the easement primarily as a sidewalk, trail, and
recreation easement and thereby promoting public health and general
welfare and providing recreation, beautification, and civic
improvement. The easement automatically terminates if the City of
Austin:
(1) uses the easement in a manner that fails to promote
a public purpose of the state described by this subsection of this
section; or
(2) sells or transfers all or any part of the easement.
(c) The City of Austin shall reimburse the General Land
Office for the expenses incurred by the General Land Office in
connection with granting the easement under this section of this
Act.
(d) The easement referred to in this section is in the
property described as follows:
DESCRIPTION OF A 0.667 OF ONE ACRE TRACT OF LAND
LOCATED IN THE GEORGE W. SPEAR SURVEY, ABSTRACT
NO. 697, TRAVIS COUNTY, TEXAS, BEING A PORTION OF THAT
TRACT OF LAND CONVEYED TO S. ROSS, GOVERNOR OF THE
STATE OF TEXAS AND HIS SUCCESSORS IN OFFICE FOR THE USE
AND BENEFIT OF THE STATE OF TEXAS AS RECORDED IN VOLUME
76, PAGE 225, OF THE DEED RECORDS OF TRAVIS COUNTY,
TEXAS; SAID TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 60d nail found in the north line of that 1.51 acre
tract of land conveyed to the City of Austin in a Gift Deed Of Land
recorded in Volume 5154, Page 2230, of said Deed Records, same being
a corner in the easterly line of THE GROVE AT SHOAL CREEK, according
to the map or plat thereof recorded in Document No. 201800146, of
the Official Public Records of said County, and the northwest
corner of the herein described tract, from which a 1/2 inch iron rod
found for the northwest corner of said 1.51 acre tract, bears North
62°26'39" West, a distance of 41.93 feet;
THENCE, North 01°22'52" East (bearing basis), with said easterly
line of THE GROVE AT SHOAL CREEK, a distance of 151.80 feet to the
northwest corner of the herein described tract, from which a, X mark
in rock found for a corner in said easterly line bears, North
01°22'52" East, a distance of 362.51 feet;
THENCE, departing said easterly line and over and across said State
of Texas tract the following four (4) courses and distances:
1. South 85°36'10" East,, a distance of 130.18 feet;
2. South 01°22'52" West, a distance of 149.86 feet to the to
the beginning of a curve to the left;
3. With said curve to the left, having a radius of 50.00
feet, an arc length of 55.70 feet, a delta angle of 63°49'31", and a
chord which bears South 30°31'53 East, a distance of 52.86 feet to
the end of said curve;
4. South 62°26'39" East, a distance of 191.49 feet to the
northeast corner of the herein described tract, being in the
curving west right-of-way line of Shoal Creek Boulevard (80'
right-of-way - no dedication found), from which a 1/2 inch iron rod
found for the common west corner of Lot 1 and Lot 2, SHOAL CREEK
VILLAGE, according to the map or plat thereof recorded in Volume 97,
Page 35, of said Plat Records, bears South 83°30'05' East a distance
of 84.97 feet;
THENCE, with said west right-of-way line and with said non-tangent
curve to the left, having a radius of 318.41 feet, an arc length of
25.15 feet, a delta angle of 04°31'32", and a chord which bears South
21°25'26" West, a distance of 25.14 feet to the southeast corner of
the herein described tract, same being the northeast corner of Lot
5, SHOAL COURTS, according to the map or plat thereof recorded in
Volume 6, Page 280, of said Plat Records;
THENCE, North 62°26'39" West, with the north line of said Lot 5,
passing a 1/2 inch iron rod found in a concrete retaining wall for
the northwest corner of said Lot 5 and the northeast corner of said
1.51 acre tract at a distance of 155.49 (record 155.75) feet and
continuing for a total distance of 357.88 feet the POINT OF
BEGINNING containing 0.667 of one acre of land within these metes
and bounds.
Subject tract described herein is an easement. No monumentation set
for corners.
Bearing Basis: Easterly line of said THE GROVE AT SHOAL CREEK. North
01°22'52" East
SECTION 2. 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, 2019.
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