HB5141 - Relating to the lease of certain state property from the Health and Human Services Commission to Travis County.

  89R25259 RAL-D     By: Howard, Troxclair H.B. No. 5141       A BILL TO BE ENTITLED   AN ACT   relating to the lease of certain state property from the Health and   Human Services Commission 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 Health and Human Services Commission 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 Health and Human Services Commission.          (c)  The Health and Human Services Commission 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 Health and Human   Services Commission 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 Health and Human Services Commission 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.