The text as introduced · 1,591 words
89R8125 RAL-D
By: Howard
H.B. No. 5141
A BILL TO BE ENTITLED
AN ACT
relating to the lease of certain state property from the Department
of State Health Services to Travis County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) As soon as practicable after the effective
date of this Act, the Department of State Health Services shall
lease to Travis County the real property described by Section 2 of
this Act.
(b) The consideration for the lease authorized by this
section is the requirement that Travis County use the leased
property only in a manner that primarily promotes a public purpose
of this state. If Travis County fails to use the property in a
manner described by this subsection for more than 180 continuous
days, the lease terminates and possession of the property
automatically reverts to the Department of State Health Services.
(c) The Department of State Health Services shall lease the
property by an appropriate instrument of transfer. The instrument
of transfer must:
(1) provide that:
(A) Travis County may use the property only in a
manner that primarily promotes a public purpose of this state;
(B) the lease will terminate and possession of
the property will automatically revert to the Department of State
Health Services if Travis County fails to use the property in a
manner described by Paragraph (A) of this subdivision for more than
180 continuous days;
(C) the lease shall be for a term of 99 years; and
(D) Travis County may:
(i) operate and maintain public amenities
on the property; and
(ii) construct and demolish improvements,
utilities, infrastructure, and amenities on the property; and
(2) describe the leased property by metes and bounds.
(d) The Department of State Health Services shall retain
custody of the instrument of transfer after the instrument of
transfer is filed in the real property records of Travis County.
(e) Sections 533.084 and 533.087, Health and Safety Code,
and Section 31.158, Natural Resources Code, do not apply to the
lease of real property authorized by this Act.
SECTION 2. The real property referred to in Section 1 of
this Act is described as follows:
A PORTION OF THE AUSTIN STATE HOSPITAL TRACT
DESCRIPTION OF 16.08 ACRES (700,675 SQUARE FEET), MORE OR LESS, OF
LAND AREA IN THE JAMES ROGERS SURVEY, ABSTRACT NO. 660, IN THE CITY
OF AUSTIN, TRAVIS COUNTY, TEXAS, BEING A PORTION OF OUTLOT 79 AND
OUTLOT 80, DIVISION D AND THE 80 FOOT WIDE ROAD TRAVERSING DIVISION
D AND LYING NORTH OF OUTLOT 79 AND SOUTH OF OUTLOT 80, AS SHOWN ON
THE MAP OF THE GOVERNMENT TRACT ADJOINING THE CITY OF AUSTIN, ON
FILE IN THE GENERAL LAND OFFICE OF THE STATE OF TEXAS, AND BEING A
PORTION OF THOSE TRACTS OF LAND CONVEYED IN A DEED DATED APRIL 4,
1857, FROM WILLIAM FIELDS TO THE STATE OF TEXAS, AS RECORDED IN
VOLUME L-1, PAGE 366, DEED RECORDS OF TRAVIS COUNTY, TEXAS, AND IN A
DEED DATED FEBRUARY 18, 1858, FROM WILLIAMS FIELDS TO THE STATE OF
TEXAS, AS RECORDED IN VOLUME M, PAGE 129, DEED RECORDS OF TRAVIS
COUNTY, TEXAS, AND BEING MORE PARTICIULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a 1" iron pipe found [N=10,085,257.1900,
E=3,115,232.4450] at the westerly northeast corner of that 38.535
acre portion of the aforereferenced State of Texas Tracts described
in that "Master Lease" per the Memorandum of Lease Agreement
between the Texas Department of Mental Health and Mental
Retardation, and West 38th Street, LTD. dated January 9, 1992 as
recorded in Volume 11602, Page 858, Real Property Records of Travis
County, Texas, same being the northeast corner of that 12.799 acre
portion of the 38.535 acre Master Lease Tract described in that
Exhibit 1 Memorandum of Sublease to HEBCO Development, Inc. dated
April 26, 1991, as recorded in Volume 11602, Page 863, Real Property
Records of Travis County, Texas, and being the northwest corner of
the herein described tract of land;
THENCE leaving the 38.535 acre Master Lease Tract and the HEBCO
Development Lease Tract, and crossing the remainder of the
aforereferenced State of Texas Tracts, the following three (3)
courses:
1. S 61°57'00"E 738.55 feet to a mag nail set with washer
marked "TC-TNR", for the northeast corner of the herein described
tract of land;
2. S 12°37'20"E 358.59 feet to a mag nail set with washer
marked "TC-TNR", for the northeast corner of the herein described
tract of land; and
3. S 13°16'57"E 334.77 feet to a 5/8" iron rod set with an
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", in the east
line of the State of Texas Tracts, same being the west line of
Guadalupe Street;
THENCE with the common line of the State of Texas Tracts and said
Guadalupe Street, S 27°35'04"W 334.12 feet to a 5/8" iron rod set
with an aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for the
southeast corner of the herein described tract of land, from which a
calculated point for the easterly northeast corner of 38.535 acre
Master Lease Tract bears S 27°35'04"W 41.11 feet, and from which, a
1/2" iron rod found for reference, bears S 48°09'10"W 39.99 feet;
THENCE leaving Guadalupe Street and crossing the remainder of the
State of Texas Tracts, the following eleven (11) courses:
1. N 61°54'32"W 61.96 feet to a 5/8" iron rod set with an
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle
point;
2. S 81°56'45"W 37.68 feet to a 5/8" iron rod set with an
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle
point;
3. N 62°46'13"W 220.17 feet to a 5/8" iron rod set with an
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", to a point at
the beginning of a right breaking curve;
4. with said right breaking curve having a radius length of
94.00 feet, an arc length of 69.19 feet, and a chord which bears N
75°5'35" W 67.64 feet to a 5/8" iron rod set with an aluminum cap
marked "TRAVIS COUNTY TNR SURVEY DEPT" at the beginning of a right
breaking curve, said iron rod set, being located 3.25 feet north of
an north line of the 38.535 acre Master Lease Tract;
5. with said right breaking curve having a radius length of
197.50 feet, an arc length of 136.27 feet, and a chord which bears N
34°51'09" W 133.58 feet to a 5/8" iron rod set with an aluminum cap
marked "TRAVIS COUNTY TNR SURVEY DEPT" for an angle point;
6. N 01°00'15" E 43.94 feet to a 5/8" iron rod set with an
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT" at the
beginning of a right breaking curve;
7. with said right breaking curve having a radius length of
41.00 feet, an arc length of 49.50 feet, and a chord which bears N
34°29'28" W 46.55 feet to a 5/8" iron rod set with an aluminum cap
marked "TRAVIS COUNTY TNR SURVEY DEPT";
8. N 18°10'54"E 33.78 feet to a 5/8" iron rod set with an
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle
point, said iron rod set, being located 0.75 of a foot east of an
east line of the 38.535 acre Master Lease Tract;
9. N 74°07'59"E 51.32 feet to a 5/8" iron rod set with an
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle
point;
10. N 24°26'32"E 71.15 feet to a 5/8" iron rod set with an
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", at the
beginning of a left breaking curve; and
11. with said left breaking curve having a radius length of
180.00 feet, an arc length of 93.40 feet, and a chord which bears N
05°48'02"E 92.36 feet to a 1" iron pipe found for an exterior corner
of the 38.535 acre Master Lease Tract;
THENCE leaving the 38.535 acre Master Lease Tract and crossing the
remainder of the State of Texas Tracts, the following four (4)
courses:
1. N 59°32'54"W 350.73 feet to a 5/8" iron rod set with an
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle
point;
2. N 43°03'29"W 104.81 feet to a 5/8" iron rod set with an
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", for an angle
point; and
3. N 57°27'47"W 30.60 feet to a 5/8" iron rod set with an
aluminum cap marked "TRAVIS COUNTY TNR SURVEY DEPT", in an easterly
line of the 38.535 acre Master Lease Tract, same being the east line
of the HEBCO Development Lease Tract, for the southwest corner of
the herein described tract of land, from which, a calculated point
for an interior corner of the 38.535 acre Master Lease Tract, bears
S 27°34'11"W 62.26 feet, and a calculated point for the southeast
corner of the HEBCO Development Lease Tract, bears S 27°34'11"W 1.39
feet;
THENCE with the common line of the 38.535 acre Master Lease Tract
and the HEBCO Development Lease Tract, N 27°34'11"E 567.56 feet to
the PLACE OF BEGINNING. There are contained within these metes and
bounds 16.08 acres (700,675 square feet), more or less, of land area
as surveyed on the ground by the Travis County Transportation and
Natural Resources Survey Department of Austin, Texas.
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, 2025.
Monitoring 