Ordinance 2016-19 - Ord. 2016-19 - Closing & abandoning streets to SHSU, 4-16 CITY,SECRETARY FILE
I
ORDINANCE NO. 2016-19 ID. # I 2S
AN ORDINANCE ABANDONING STREET RIGHTS-OF-WAY FOR CERTAIN
STREETS WITHIN THE CITY OF HUNTSVILLE, TEXAS, AND CONVEYING THE
SAME BY QUITCLAIM DEED OR DEED WITHOUT WARRANTY OR SPECIAL
WARRANTY DEED TO SAM HOUSTON STATE UNIVERSITY; PROVIDING THAT
THE MAINTENANCE OF SAID STREETS SHALL BE THE RESPONSIBILITY OF
SAM HOUSTON STATE UNIVERSITY; RESERVING EASEMENTS FOR THE RIGHT
OF THE CITY OF HUNTSVILLE TO MAINTAIN ITS UTILITIES; PROVIDING
ACCESS FOR EMERGENCY VEHICLES; DECLARING AN EFFECTIVE DATE AND
CONTAINING OTHER PROVISIONS INCIDENT THERETO.
WHEREAS, Sam Houston State University(hereinafter "University") has adopted a master plan
for development that includes cooperation with the City of Huntsville, Texas ("City") for
infrastructure; and
WHEREAS,the University has experienced significant growth in the last decade; and
WHEREAS, the growth experienced by the University necessitates additional buildings and
infrastructure; and
WHEREAS, the City owns certain streets within the University campus that are or will obstruct
the planned development by the University of the additional buildings and infrastructure; and
WHEREAS, the University owns the property on both sides of the rights-of-way and desires to
acquire the entire rights -of-way from the City and has requested that the City do so; and
WHEREAS, Chapter 272 of the Texas Local Government Code authorizes the City to abandon
the right-of-way and sell it to adjoining landowners; and
WHEREAS, both Section 3.03 of the City Charter and Texas Transportation Code Section
311.007 provide the City shall have the power to abandon or vacate each public street within the
corporate limits of the City; and
WHEREAS, both Section 3.03 of the City Charter and Texas Transportation Code Section
311.001 provide the authority that the City controls and regulates the use of public streets; and
WHEREAS, the City of Huntsville has an interest in maintaining its infrastructure located
within the existing rights-of-way and ensuring access for emergency vehicles; and
WHEREAS, the City wishes to deed to the University certain city streets to allow and encourage
the planned development by the University of the additional buildings and infrastructure;
WHEREAS, the City Council of the City of Huntsville has the authority to interpret the
provisions of the City Charter; and
WHEREAS, the City Council of the City of Huntsville finds: (i) it is reasonable to determine
that the intent of Charter Section 14.13(b) was and is to apply to real estate that does not include
public roads; (ii) that the authority to control and regulate the use of public streets is given to a
home rule city by the Texas Transportation Code Chapter 311.001; (iii) section 3.03 of the City
Charter also provides the authority for the City to control and regulate the use of public streets,
the abandonment and vacation of public streets; and (iv) Charter Section 14.13(b) was not
intended to and does not govern public streets; and
So
WHEREAS, as an attachment to this Ordinance is an Interlocal Agreement ("Agreement")
[Exhibit D] between the City and the University outlining that the University will give certain
easements to the City in exchange for the City deeding ownership of the certain street segments;
and
WHEREAS, the City Council of the City of Huntsville, acting pursuant to law, deems it
advisable to abandon, vacate and close the hereinafter described street segments and is of the
opinion that said land is not needed and therefore constitutes a public charge without
corresponding benefit, and that same should be abandoned, vacated and closed as hereinafter
provided; and
WHEREAS,the City Council of the City of Huntsville is of the opinion that the best interest and
welfare of the public will be served by abandoning and vacating and closing same resulting in
the vesting of title in the abutting property owner Sam Houston State University, subject to the
conditions,requirements and restrictions contained herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
1. The interest of the general public at large is hereby terminated for travel purposes
over and across three 3 certain street segments as presently used and traveled within the City
Limits of the City of Huntsville, Texas and jurisdiction for the maintenance, repair, and upkeep
of said street segments, described below, shall be, hereafter, vested with the Sam Houston State
University subject to the rights of as set forth hereafter.
-Bowers Boulevard Segment: Being a strip of land, approximately 50 feet in width,
beginning in the west right-of-way line of Sam Houston Avenue, extending easterly
approximately 960 feet to the east right-of- way line of Avenue I, containing approximately
48,000 square feet of land and shown on a map attached hereto as Exhibit"A".
-Avenue J Se ment: Being a strip of land, approximately 50 feet in width, beginning in
the north right- of-way line of 21st Street, extending northerly approximately 645 feet to the
south right-of-way line of Bowers Boulevard, containing approximately 32,250 square feet of
land and shown on a map attached hereto as Exhibit"B".
-Avenue I Segment: Being a strip of land, approximately 50 feet in width, beginning in
the south right-of-way line of Bowers Boulevard, extending southerly or southeasterly 650 feet,
containing approximately 32,500 square feet of land and shown on a map attached hereto as
Exhibit"C".
2. There is reserved and excepted from any transfer or abandonment of street
segments identified in sections 2 through 5, the right and title of the City of Huntsville in and to
any water or sanitary sewer lines or mains and the right of ingress and egress for the purposes of
maintenance and repair or replacement of said lines and mains. A 20 foot wide utility easement,
centered upon and extending 10 feet on both sides, of any water or sanitary sewer lines or mains,
within any portion of the street segments described above, shall be reserved unto the City of
Huntsville.
3. Be it further ordained by the City Council that should expansion of Sam Houston
State University require construction over or upon any water or sanitary sewer line, title to which
is retained by this Ordinance in the City of Huntsville, so as to require relocation of such lines,
such relocation shall not be at the expense of the City of Huntsville.
4. That the abandonment, vacation and closure provided for herein is made and
accepted subject to all present zoning and deed restrictions if the latter exist and shall extend
r only to the public right, title, easement and interest and shall by construed to extend only to that
interest which the governing body for the City of Huntsville, may legally and lawfully abandon,
vacate and close.
5. Access to areas served by any streets affected by this Ordinance, shall always be
maintained for emergency vehicles.
6. The street rights-of-way segments as described above and shown on Exhibits "A,
a� B, and C", attached hereto, are hereby abandoned as street right-of-way, and said property may
,y
be sold by quitclaim deed or deed without warranty to Sam Houston State University(SHSU), an
adjoining property owner, for the exchange of certain easements from the University as provided
b
for in the attached agreement. The City Manager of the City of Huntsville Texas is hereby
authorized to execute a quit claim deed or deed without warranty on behalf of the Cit conveying
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said right-of-way to Sam Houston State University.
7. That SHSU shall pay all costs associated with procedures necessitated by the
request to abandon these three street segments, plus compensation for the market value of the
abandoned property.
8. The abandonment, vacation and closure shall be effective upon the abutting
property owner University satisfying all conditions and requirements set forth in this Ordinance.
9. That the City Manager and City Attorney of the City are authorized to execute the
necessary documents to transfer the title of the street segments to the University with the
necessary easements and provide for recording of the documents.
10. This Ordinance shall take effect immediately from and after the date of its passage.
PASSED AND APPROVED ON THIS DAY OF , 2016.
QC!ITYUN VILLE, TEXAS
Any ra inger, Mayo\
ATTEST: APPROVED AS TO FORM:
-0
Le oodward, City Secretary 6Leodneider, City Attorney
B rk:
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Exhibit K —Bowers Boulevard Segment
Being a strip of land, approximately 50 feet in width, beginning in the west right-of-way line of
Sam Houston Avenue,extending easterly approximately 960 feet to the east right-of-way line of
Avenue 1, containing approximately 48,000 square feet of land and shown on a map attached
hereto.
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Exhibit"B"—Avenue J Segment
Being a strip of land,approximately 50 feet in width,beginning in the north right-of-way line of
21'Street,extending northerly approximately 645 feet to the south right-of-way line of Bowers
Boulevard, containing approximately 32,250 square feet of land and shown on a map attached
hereto.
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Exhibit"C" -Avenue Y segment
Being a strip of land, approximately 50 feet in width,beginning in the south right-of-way line of
Bowers Boulevard, extending southerly or southeasterly 650 feet, containing approximately
32,500 square feet of land and shown on a map attached hereto.
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Exhibit"D"
INTERLOCAL AGREEMENT
BETWEEN CITY OF HUNTSVILLE AND SAM HOUSTON STATE UNIVERSITY
FOR THE DEED OF CERTAIN CITY-OWNED STREETS TO SAM HOUSTON STATE
UNIVERSITY IN EXCHANGE FOR DRAINAGE EASEMENTS FOR STORMWATER
DETENTION ON SAM HOUSTON STATE UNIVERSITY PROPERTY
This Agreement is entered into by the City of Huntsville(City)and Sam Houston State University
(University)pursuant to the Interlocal Cooperation Act, Texas Government Code Chapter 791.
WHEREAS, Ordinance # 2016-19 approves deeding certain city-owned streets to Sam Houston
State University; and
WHEREAS, The City of Huntsville wishes to encourage orderly and effective storm water
drainage from Sam Houston State University through the Town Creek watershed; and
WHEREAS,the Sam Houston State University Masteiplan calls for storm water detention in and
around the recreational fields on the Sam Houston State University Campus; and
WHEREAS, a critical component of the City's Town Creek improvements includes ensuring the
availability of storm water detention in and around the recreational fields on the Sam Houston
State University Campus; and
WHEREAS, the City has conducted fair market value appraisals and determined the value of the
streets to be deeded to Sam Houston State University to be valued at$1.50/square foot;and
WHEREAS,the City and Sam Houston State University wish to exchange the value of streets for
drainage easements for storm water detention.
NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained
herein, City and University agree as follows:
I.
Sam Houston State shall receive certain City-owned streets as more fully described in
Exhibits"A,""B," and"C" of Ordinance# 2016-19.
In exchange for the value of those streets, Sam Houston State University will grant
drainage easements as described in Attachment A to this Interlocal Agreement.
11.
Any notice given hereunder by one party to the other party shall be in writing and may be
effected by personal delivery,by registered or certified mail,return receipt requested,when mailed
to the proper party, in care of the official signing this Agreement or by fax transmission as agreed
to by the Parties and as evidenced by a confirming return fax transmission.
VC3 1.
C,218 4 0 F-1 1227 5 1
If to City of Huntsville:
Matt Benoit
City Manager
1212 Avenue M
Huntsville,Texas 77340
Phone: (936)291-5400 Fax: (936)291-5409
Copy to:
Lee Woodward, City Secretary
1212 Avenue M
Huntsville,Texas 77340
Phone: (936)291-5400 Fax: (936)291-5409
If Sam Houston State University:
J.Carlos Hernandez,EdD, CPA
Vice President for Finance and Operations
Box 2027, Sam Houston State University
Huntsville,Texas 77341
Phone: (936)294-2686,Fax: (936)294-1963
This is the complete and entire Agreement between the Parties with respect to the matters
herein and supersedes all prior negotiations, agreements, representations, and understandings, if
any. This Agreement may not be modified, discharged, or changed in any respect whatsoever
except by a further agreement in writing duly executed by the parties hereto. No official,
representative, agent or employee of Sam Houston State University, Texas has any authority to
modify this Agreement,except pursuant to such express authority as may be granted by the Board
of Regents of Texas State University System. No official, representative, agent or employee of
the City of Huntsville,Texas has any authority to modify this Agreement, except pursuant to such
express authority as may be granted by the City Council of Huntsville, Texas
IV.
The Parties agree to execute such other and further instruments and documents as are or
may become necessary or convenient to carry out the purposes of this Agreement.
V.
This Agreement shall be construed under the laws of the State of Texas.
V1.
Nothing in this Agreement, express or implied, is intended to confer upon any person,
other than the Parties hereto, any benefits,rights, or remedies under or by reason of this
Agreement.
101
VII.
Hold Harmless
To the extent permitted by State law, each party does hereby agree to waive all claims
against, release, and hold harmless the other and its respective officials, officers, agents,
employees, in both their public and private capacities, from any and all liability, claims, suits,
demands, losses, damages, or cause of action which may arise by reason of injury to or death of
any person or for loss of, damage to, or loss of use of any property arising out of or in connection
with this Agreement.
In the event of joint or concurrent negligence of the parties,responsibility,if any, shall be
apportioned comparatively in accordance with the laws of the State of Texas without, however,
waiving any governmental immunity available to any party individually under Texas law. Each
party shall be responsible for its sole negligence. The provisions of this paragraph are solely for
the benefit of the parties hereto and are not intended to create or grant any rights, contractual or
otherwise,to any other person or entity.
ARTICLE XIII
Immunity
It is expressly understood and agreed that, in the execution of this Agreement, no party
waives, nor shall be deemed to have waived any constitutional, statutory, or common law rights,
privileges,defenses,or immunity or defense that would otherwise be available to it against claims
arising in the exercise of governmental powers and functions. By entering into this Agreement,
the parties do not create any obligations, expressed or implied, other than those set forth herein,
and this Agreement shall not create any rights in parties not signatories hereto.
IX.
This Agreement may be executed simultaneously in one or more counterparts, each of
which shall be deemed an original and all of which together constitute one and the same
instrument.
X.
Nondiscrimination: By executing this agreement, the City, all City contractors, City
subcontractors,their respective employees,and others acting by or through them shall comply with
all federal and state policies and laws prohibiting discrimination, harassment, and sexual
misconduct. Any breach of this covenant may result in termination of this agreement.
XI.
This contract is subject to the review and approval as to legal form by the Texas State
University System Vice Chancellor and General Counsel and subject to review and approval of
the Texas State University System Chancellor and Board of Regents.
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Approved on the date or dates indicated.
CITY OF HUNTSVILLE
4Ben /�J 2c/4
Date
exas
APPRO D O LEGAL FORM
Leona c 1dcr,City Attorney
f
amined and Recommended:
4Dana . 4HoStateUniversity
Date
President,S
APP VED S LEGAL FORM
FernandCo . Gomez,J.D, D. Date
Vice Chancellor and General Counsel
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Attachment B—Utility Easement Agreement
Easement Agreement
Notice of confidentiality rights: If you are a natural person,you may remove or strike
any or all of the following information from any instrument that transfers an interest
in real property before it is filed for record in the public records:your Social Security
number or your driver's license number.
Date: li day of d(Ane , .201
Grantor: Sam Houston State University
Grantor's Mailing Address:
Vice President for Finance and Operations
Box 2027, Sam Houston State University
Huntsville, Texas 77341
Phone: (936)294-2686,Fax: (936)294-1963
Grantee: The City of Huntsville,Texas
Grantee's Mailing Address: 1212 Ave M
Huntsville,Texas-77340
Easement Property:
An easement across as depicted and described in the metes and bounds attached as
Exhibit"1"hereto and made a part hereof.
Easement Purpose:
This drainage easement with its rights and privileges shall be used for the purpose of
maintaining, repairing or remediating the existing drainage structures and for public
storm water detention. The City of Huntsville,shall have the right of ingress, egress to
and from upon this easement for,inspection,patrolling,maintaining or part of its utility
lines and systems, including, but not limited to, water, sewer and drainage, without
necessity at any time of getting permission of the property owner. Any non-emergency
construction,reconstruction,or adding to or removing all or part of the City's drainage
system requires one hundred eighty (180) days written notice from the City to the
Grantee (Sam Houston State University or The University) and engaging in good faith
negotiations with The University during the notice period in advance of
commencement of the construction or reconstruction. Upon expiration of the notice
period, the City of Huntsville shall have the right to move and keep moved all or any
part of any building,fences,trees,shrubs,other growth or improvements that endangers
or interferes with the easement shown and described above. The City of Huntsville
shall not be responsible for replacing or reimbursing the property owner due to removal
or relocation of any obstruction in the public easement.
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Consideration: Good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged by Grantor.
Grant of Easement: The University, for the Consideration and subject to the
Reservations from Conveyance and Exceptions to Warranty, grants, sells, and
conveys to the City and the City's heirs,successors,and assigns an easement for as
much of the surface of The University's property reasonably necessary to install,
maintain, repair or remediate public utilities and drainage systems on, under(to a
depth of no more than 20 feet from the existing elevation)and across the surface of
the Easement Property together with an unobstructed aerial easement of ten (10)
feet above the then highest point of the property for the Easement Purpose
(collectively,the"Easement"),to have and to hold the Easement to the City and the
City's heirs, successors, and assigns forever. This conveyance is made without
express or implied warranty. All warranties which might arise by common law or
by statute,including but not limited to Texas Property Code§5.23 (or its successor)
are excluded.
Reservation:
The University hereby reserves from the grant of this easement all mineral interests,
whether known or unknown, currently owned by Grantor in, on, or under and
including that may be produced and saved from the Easement Property or acreage
pooled or unitized therewith,and the full and exclusive executive rights to execute
leases in connection therewith.
Terms and Conditions: The following terms and conditions apply to the Easement granted by
this document:
1. The Easement is appurtenant to,runs with,and inures to the benefit of all or
any portion of the Dominant Estate Property,whether or not the Easement is
referenced or described in any conveyance of all or such portion of the
Dominant Estate Property. The Easement is nonexclusive and shall remain in
full force and effect,except as provided in(2)below. The Easement is for the
benefit of City and City's heirs,successors, and permitted assigns.
2. The grant of the Easement shall lapse, terminate and revert to The University
should the purposes of the Easement cease to exist, or use of the Easement is
rendered impossible. Upon such occurrence, all right, title and interest of the
City in the Easement Property shall be of no further force and effect, and title
to the Easement Property shall then and there wholly and absolutely and
automatically revert and be vested in The University or its successors and
assigns by operation of law and without the necessity of any action by The
University.
3. City's right to use the Easement Property is nonexclusive, and The University
reserves for The University and The University's heirs, successors, and assigns
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the right to use all or pail of the Easement Property in conjunction with City as
long as such use by The University and The University's heirs,successors, and
assigns does not interfere with the use of the Easement Property by City for the
Easement Purpose, and the right to convey to others the right to use all or part
of the Easement Property in conjunction with City, as long as such further
conveyance is subject to the terms of this Easement and does not restrict or limit
lights hereby granted. However, should expansion of Sam Houston State
University require construction over or upon the Easement, so as to require
relocation of any utility lines, including, but not limited to, water, sewer and
drainage, the cost of such relocation shall be then negotiated between the City
of Huntsville and the University.
4. This easement, and City's rights hereunder, are subject to all prior easements,
reservations, grants of other rights,restrictions and other encumbrances and
matters now of record and/or evident on said lands or otherwise made known
by The University to City.
5. City's use of said Easement Property shall not unreasonably interfere with
The University's use of the land herein described or adjacent lands,however,
The University shall not construct,nor permit to be constructed or erected,
any house,building,or other structure,within the Easement Property without
providing the City one hundred eighty(180) days written notice and engaging
in good faith negotiations with the City during the notice period prior to
construction.
6. For erosion control purposes, the easement rights granted herein to City shall
also include the right, upon providing The University written notice, to add,
construct, maintain, repair, or replace concrete, rock rip rap or other
improvements to protect the Facilities within or adjacent to creeks, gullies, and
other natural or man-made water drainage courses, whether located within the
Easement Property.
7. This Easement may be executed in any number of counterparts with the same
effect as if all signatory parties had signed the same document.All counterparts
will be construed together and will constitute one and the same instrument.
8. Binding Effect. This Easement binds and inures to the benefit of the parties
and their respective heirs, successors, and permitted assigns.
9. Choice of Latin. This Easement will be construed under the laws of the state of
Texas,without regard to choice-of-law rules of any jurisdiction. Venue is in
the county or counties in which the Easement Property is located.
10.Further Assurances. Each signatory party agrees to execute and deliver any
additional documents and instruments and to perform any additional acts
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necessary or appropriate to perform the terms,provisions, and conditions of
this Easement and all transactions contemplated by the same.
11. Integration. This document contains the complete Easement rights granted and cannot
be varied except by written agreement of the parties. The parties agree that there are
no oral agreements,representations, or warranties that are not expressly set forth in
this Easement.
12. Legal Construction. If any provision in this Easement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of
the bargain among the parties, the unenforceability will not affect any other
provision hereof, and this Easement will be construed as if the unenforceable
provision had never been a part of the Easement. Whenever context requires,
the singular will include the plural and neuter include the masculine or feminine
gender, and vice versa. Article and section headings in this document are for
reference only and are not intended to restrict or define the text of any section.
This Easement will not be construed more or less favorably between the parties
by reason of authorship or origin of language.
13.Notices. Any notice required or permitted under this Easement must be in
writing. Any notice required by this Easement will be deemed to be delivered
(whether actually received or not)when deposited with the United States Postal
Service,postage prepaid,certified mail,return receipt requested,and addressed
to the intended recipient at the address shown in this document. Notice may
also be given by regular mail, personal delivery, courier delivery, facsimile
transmission, or other commercially reasonable means and will be effective
when actually received. Any address for notice may be changed by written
notice delivered as provided herein.
14.Recitals. Any recitals in this document are represented by the parties to be
accurate, and constitute a part of the substantive Easement.
IN WITNESS WHEREOF, The University, owner of the Easement Property, has
caused these presents to be executed bduly authorized representative this
day of. 20: it
Examined and Recommended:
Dana G. Hoyt, Ph�3 Date
President, Sam Houston State University
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APPROVED AS TO LEGAL FORM
Fernando C. Gomez,J.D/A.D. Date
Vice Chancellor and General Counsel
Grantee: APPROVED AND AGREED
CITY:OFZHS!VILLE
X//Y/"/(.1
Date
City Manage
City of Huntsville, Texas
THE STATE OFT XAS
ACKNOWLEDGMENT
COUNTY OF
BEFORE ME, a Notary Public,on this day personally appeared Dana G. Hoyt, known to
me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that they executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the I day of
2016.
Notary Public, State of Texas
DONNA J. OSBORN
Notary Public,State or Texas
My Commission Expires
February 05, 2016
Vol P j3-
r_1� a_r : ;fie 1. 227
THE STATE OF TEXAS }
} ACKNOWLEDGMENT
COUNTY OF L Qs—
BEFORE ME,a Notary Public, on this day personally appeared Matt Benoit,known to
me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that they executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on his the day of
2016.
Not r Pu lic, State o exas
ANCES t.EE WOODWARD
Notwy PubWc
(9::Fl
STATE OF TEXAS
OMM.EXP.FEB.19,2017
NOTARY ID 12681012-9
Return to City's Address:
City of Huntsville, Texas
1212 Avenue M
Huntsville, Texas 77340
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CITY OF HUNTSVILLE,TEXAS
Engineering - Mapping
448 State Hwy. 75 North
Huntsville, Texas 77320
THE STATE OF TEXAS §
COUNTY OF WALKER §
1, Leonard E. Woods, Registered Professional Land Surveyor No. 2524, do hereby certify that the
following field notes represent a survey made on the ground of the following described tract or parcel of
land located in Walker County, Texas. Coordinates and bearings herein are referred to the Texas
Coordinate System of 1983, Central Zone and are based on the position of National Geodetic Survey
(formerly known as the U. S. Coast& Geodetic Survey)Primary Airport Control Station(PACS)
monument designated "T39 A" having published NAD 83 (1993) coordinates of N= 3,128,437.762
meters and E= 1,154,289.433 meters. Distances herein are U. S. Survey Feet in"Grid" units and may be
converted to "Geodetic Horizontal"by dividing by a combined scale factor of 0.99988.
Being parcel of land containing 11.10 acres of land, more or less, situated in the PLEASANT
GRAY LEAGUE, Abstract No. 24, Walker County, Texas, being out of and a portion of the following
tracts of land:
(1) A called 13.9109 acre tract described in a Deed from Don A. Sanders, et al to Sam Houston
State University, dated June 13, 1978 and recorded in Volume 321, page 438, Deed Records of
Walker County, Texas.
(2) A called 2.385 acre tract described in a Deed from Doyle Stuckey Corporation to Sam Houston
State University, dated December 21, 1982 and recorded in Volume 406,page 334, Deed
Records of Walker County, Texas.
(3) A called 2.308 acre tract described in a Deed from William Elsworth Lee, et al to Sam Houston
State University, dated December 31, 1985 and recorded in Volume 454, page 552, Deed
Records of Walker County, Texas.
(4) A called 6.6116 acre tract described in a Deed from Gibbs Brothers & Company to Sam Houston
Foundation, dated October 30, 1981 and recorded in Volume 386, page 408, Deed Records of
Walker County, Texas.
(5) A called 0.29 acre tract described in a Deed from Alberta Harrison Rector to Sam Houston State
Teachers College Trust of December 5, 1963, dated November 1, 1971 and recorded in Volume
240, page 254, Deed Records of Walker County, Texas.
(6) A called 0.25 acre tract described, as Tract One, in a Deed from Joel Guedry to Sam Houston
State Teachers College Trust of December 5, 1963, dated March 28, 1972 and recorded in
Volume 243,page 769, Deed Records of Walker County, Texas.
(7) A called 0.36 acre tract described in a Deed from Prince Johnson to Sam Houston State Teachers
College Trust of December 5, 1963, dated July 26, 1971 and recorded in Volume 237,page 640,
Deed Records of Walker County, Texas.
(8) A called 0.28 acre tract described in a Deed from Prince Johnson Rector to Sam Houston State
Teachers College Trust of December 5, 1963, dated November 1, 1971 and recorded in Volume
237,page 646, Deed Records of Walker County, Texas.
EXHIBIT "1"
Page I of 3
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11.10 Ac., SHSU DE Page 2
P.GRAY LGE.,A-24 VC3 1
Walker County,Texas
U j
.J I E)IR 1 -2 2".7
(9) Other small parcels in possession of Sam Houston State University.
said 11.10 acres being described by metes and bounds as follows:
COMMENCING, for reference only, at the northeast comer of said Sam Houston State
University (SHSU) 2.385 acre tract, found a 3-1/2" diameter concrete monument(broken top) in the
south right-of-way line of a City-maintained roadway, known locally as Bearkat Boulevard and formerly
16'h Street, having coordinates of N= 10,256,544.63 feet and E= 3,801,705.20 feet, said commencing
comer being also the most northerly northwest comer of a called 27.675 acre tract described in a Deed
from Gibbs Brothers& Company to Sam Houston State University, dated February 4, 1984 and recorded
in Volume 425, page 439, Deed Records of Walker County, Texas;
THENCE N 69025'09" W, with the north line of said SHSU 2.385 acre and 13.9109 acre tracts
and the south right-of-way line of said Bearkat Boulevard, a distance of 411.02 feet to the POINT OF
BEGINNING, found a X cut in a concrete curb for an angle comer in the north line of said SHSU
13.9109 acre tract;
THENCE S 07°24'31" E, within said SHSU tracts, a distance of 207.94 feet to a point for comer;
THENCE S 13025'00" W, continuing within said SHSU tracts, a distance of 1062.52 feet to a
point for comer;
THENCE N 79017'44" W, continuing within said SHSU tracts, a distance of 313.30 feet to a
point for comer;
THENCE N 03045'32" W,continuing within said SHSU tracts, a distance of 441.42 feet to a
point for comer;
THENCE N 17048'25"E, continuing within said SHSU tracts, at 483.92 feet and 13.77 feet
right, found a 1-1/4"diameter iron pipe (buried 5 inches) for the southeast comer of said SHSU 2.308
acre tract, continuing for a total distance of 648.01 feet to a point for comer;
THENCE N 49007'18"E, continuing within said SHSU tracts, a distance of 168.54 feet to a
point for comer;
THENCE N 77024'l 0" E, across said SHSU tracts, a distance of 106.99 feet to a point on the
south side of a City-maintained roadway known locally as 17th Street for an angle comer in the north line
of said SHSU 13.9109 acre tract and from which a 1-1/4" diameter iron pipe found for the northwest
comer of said SHSU 13.9109 acre tract and the northeast comer of said SHSU 2.308 acre tract bears
S 87055'27" W 173.02 feet;
EXHIBIT 6411,
Page 2 of 3
11.10 Ac.,SHSU DE Page 3
P.GRAY LGE.,A-24 F.t-": VC3 1. P
Walker County,Texas
THENCE N 75027'14"E, with the north line of said SHSU 13.9109 acre tract, along the south
side of 17th Street, a distance of 75.58 feet to a point for an angle comer in the north line of said SHSU
13.9109 acre tract situated on the southwest side of said Bearkat Boulevard;
THENCE S 61052'11"E, continuing with the north line of said SHSU 13.9109 acre tract, a
distance of 60.48 feet to the POINT OF BEGINNING.
NOTE:
1. For further information, see Plat of Survey labeled Exhibit"B"prepared concurrently with the
legal description herein.
Surveyed: March 2016.
Signed
Leonard E. Woods
Reg. Prof. Land Surveyor No.2524
YASURVEYOMPROJECTSWchived Survey ProjectskCOH09\UE\PARCEL SURVEYS\SHSU FIELD DE\090303-SHSU DE EXHIBIT
Mns.doc
S T
LEONARD E.WOODS
2524
EXHIBIT "I
Page 3 of 3
s
e -•C
17TH STREET UI L9 li t F"�
Gnd l-I/4' bon Plpe�• L8
$.H$.U. / n- 41 a.gRh4 r
= can 2.308 AC.
V. 454, P. 552, D.R.
Can 2.385 Ac.
Q of 48192 and 13.77 Rf. / V. 406, p. 3344 D.R.
pass ind 1-I/4' bon Pipe
•�t, r �2 �'i
•U.240,P.254,'D.R.• F/
.. .. . . . . . . ... . . . . . . .
SURVEYEDcr-
1
0 V.243.P. 769.D.R.
DD
(a //./0 ACRES sFcsu
/ Can 27.675 Ac.
64a D.R. V. 425 p. 439, D.R.
V 237,A• •
V Z37
�•• p.64Q OR.1,/ / Line Table
M . . .. .
0 Line No. Bearing Length
M Sam Houston State Wvers/ty
.'� Can 13.9/09 Ac. v LI N 69125'09' W 411.02
IV. 321, A 438, D.R. f L2 8 07°24'31' E 207.94
I I L3 S 13.25'00' W 1062.52
L4 N 79°17'44" W 313.30
L5 N 03"45'32' W 441.42
L6 N 17°48'25• E 648.01
L7 N 49°07'18' E 168.54
L8 N 77°24'10' E 106.99
y a
L9 N 75°27Y4' E 75,58
LIO S 61°52'11' E 60.48
44 / LII S 87°55'27' W 173.02
NOTES+
I. Unless otherwise noted corners of the surveyed 11.10
acre parcel are not monwmented.
Coordinate System, Basis of Bearings and Linear Units' 2. See Metes and Bounds description labeled 'EXHIBIT
Coordinates and bearings hereon are referred to the Texas Coordinate System of A• prepared concurrently herewith.
1983, Centro( Zone, and torsed on the position of National Geodetic Survey (formerly
known as the U. S. Coast d Geodetic Survey) Primary Airport Control Station(PACS)
monument designated 'T39 A" having published NAD 83 (1993) coordinates of
N• 3,128,437.762 Meters and E. 1,154,289.433 Meters.
Distances shown hereon are U. S. Survey Feet In 'GRID" units and may be converted m
to "Geodetic Horizontal" units by dividing by a combined scale factor of 0.99988. 9
ori
�—r
I, Leonard E. Woods, certify that this plot represents a survey made on
the ground under my direct supervision and that all corners, found or set,
are monumented as shown hereon.
Leonard E. Woods
Reg. Prof, Land Surveyor No. 2524
March 28, 2016
Of l� PLAT OF SURVEY OF
GJ'tPp 1 5 T
11.10 ACRE PARCEL
Leonard E. Woods OUT OF
01 2524 + *,�WOSAM HOUSTON STATE UNIVERSITY PROPERTY
`��� Sl1itNFy04 EnCitgineering of g'MMaving
448 State Hwy. 75 North CITY OF HUNTSVILLE
Project No. 09-03-03 Huntsville, Texas 77320 PLEASANT GRAY LEAGUE, A-24
Y-\surveyors\PROJECTS\Archived Survey Projects\COH09\UE\090303\PARCEL WALKER COUNTY, TEXAS
SURVEYS\SHSU FIELD DE\090303_SHSU DE.dwg MARCH 2016
EXHIBIT 3,B„ SCALE 1' -;06 FEET
°
F,� ^
����� ���� �
��
Filed for Record in:
Walker County
in4 jun 21.2016 at 04:2Q9
As u
Recordings
Document Number: 00021844
AMOmot 110.00
Receipt Number - 10718
Muren Glad den
STATE OF TEXAS COUNTY OF WALKER
{ hereby certifx that this instrument was
filed an the dote and time stomved hereon bo me
and was duly recorded in the volume and nnye
of the nomed records of:
Walker County
as stomped hereon by me.
Jun 21,2V16
Kori A. French, Walker County Clerk
Walker County