RESO 2013-05 - Utility Easement - 4/16/2013 RESOLUTION NO.2013-05
A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS TO IMPLEMENT AND START
CONDEMNATION PROCEEDINGS FOR A PERMANENT UTILITY EASEMENT FOR THE
PLACEMENT OF A WATER LINE ALONG SH 190 WITHIN THE CITY LIMITS OF HUNTSVILLE,
TEXAS
WHEREAS, the Huntsville City Council desires to promote the health, safety and welfare of its citizens and
provide utility service;and
WHEREAS,the Huntsville City Council has determined it beneficial to replace a waterline along State Highway
190 in the city limits of Huntsville, Texas. The State Highway 190 waterline replacement project is deemed necessary
because of a history of breakages and as the existing 6" waterline is an old cast iron line and is in bad shape. The
replacement project was developed and a 12"waterline is designed to be installed replacing the existing 6" line between
Sycamore Avenue and State Highway 19. The proposed easements are located along State Highway 190.
WHEREAS the Texas Government Code requires that before a governmental entity such as the City can initiate a
condemnation proceeding by filing a petition the City must authorize the proceeding at a public meeting by a record vote.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS THAT;
Section 1: The City Council has authorized,by public vote,at its regular public council meeting on April 16,2013,the use
of the power of eminent domain to acquire:
(1)an easement property being a parcel of land containing 0.021 acre or 912 square feet of land,more or less,part
of a 0.213 acre tract, situated in the Pleasant Gray League, Abstract No. 24, Walker County, Texas, and
being out of, upon and a part of a called 0.213 acre tract described in a Deed from Thomas C. Rushing to
Randy L.Gardner and John Cooper dated June 1, 1984 recorded in Volume 430,page 403,Deed Records of
Walker County,Texas(more particularly described by metes and bounds in the attached Exhibit"A-1"and
an Plat attached as"A-2");and
(2)an easement property being a strip of land ten(10.00)feet in width,containing 0.030 ACRE more or less OUT
OF A 0.598 acre tract, situated in the Pleasant Gray League, Abstract No. 24, Walker County, Texas, and
being out of,upon and a part of a called 0.598 acre tract described in a Deed from Thomas C.Rushing and
wife,Lillian M.Rushing to Randy L.Gardner and Dick Shultz dated December 28, 1979 recorded in Volume
352,page 148,Deed Records of Walker County,Texas and a Deed,conveying an undivided one-half interest
in said tract recorded in Volume 352,page 148,Deed Records,from Dick Shultz to Randy L.Gardner dated
February 1, 1984 recorded in Volume 424, page 868,Deed Records (more particularly described by metes
and bounds in the attached Exhibit`13-1"and an Plat attached as`13-2".
f lie purpose of the easements is for the replacement of a 6 inch waterline with a 12 inch waterline.
Section 2: The City Manager and City Attorney are given authority to take all steps necessary to initiate the condemnation
proceedings pursuant to Chapter 21 of the Texas Property Code,including,but not limited to,the filing of a petition under
Section 21.012 of the Texas Property Code.
Section 3: This Resolution shall take effect immediately from and after its passage and it is so duly resolved.
DULY PASSED AND ADOPTED by the City Council of the City of Huntsville,Texas,on this the 16`h day of April 2013.
THE CITY OF HUNTSVILLE
M Woodward,Mayor
(5T: APPR VED AS TO FORM:
odward, Sec tar Leo and Schneider,City Attorney
EXHIBIT "A-1" to Resolution
CITY OF HUNTSVIL E,TEXAS
Public Works-SL rveying
448 State Hwy.75 North
Huntsville,Texas 77320
THE STATE OF TEXAS §
COUNTY OF WALKER §
f
I,Leonard E.Woods,Registered Professional Land Surveyor No.2524,do hereby certify that the
following field notes represent a survey made on the groan of the following described tract or parcel of
3 land located in Walker County,Texas.Coordinates and beA rings 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)Pr mary Airport Control Station(PALS)
} monument designated"T39 A"having published NAD 83 1993)coordinates of N=3,128,437.762 meters
1 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.
PROPOSED UTILITY EASEMEN (0.021 AC,912 Sq.Ft.)
UPON
RANDYL.GARDNERAND JOHN COOPER PROPERTY
a
PLEASANT GRAY LEAGUE,A-24,FFALKER COUNTY,TEXAS
Being a parcel of land,containing 0.021 acre or 912 square feet of land,more or less,situated in
the PLEASANT GRAY LEAGUE,Abstract No.24,Walker County,Texas,and being out of,upon and a
j part of a called 0.213 acre tract described in a Deed from T iomas C.Rushing to Randy L.Gardner and
John Cooper dated June 1,1984 recorded in Volume 430,r age 403,Deed Records of Walker County,
Texas,said 0.021 acre being described by metes and bounds as follows:
BEGINNING,at a northwest comer of said Gardnc r and Cooper 0.213 acre tract and the northeast
corner of a called 0.598 acre tract described in a Deed firom Thomas C.Rushing and wife,Lillian M.
Rushing to Randy L.Gardner and Dick Shultz dated December 28,1979 recorded in Volume 352,page
148,Deed Records,and a Deed,conveying an undivided one-half interest in said tract recorded in Volume
352,page 148,Deed Records,from Dick Shultz to Randy L.Gardner dated February 1,1984 recorded in
3 Volume 424,page 868,Deed Records,a point for corner in the south right-of-way line of State Highway
_S No.190,having coordinates of N=10,259,087.66 feet and =3,802,860.01 feet;
.j
THENCE S 69°34'34"E,with the north line of said Gardner and Cooper 0.213 acre tract and the
1 south right-of-way line of State Highway No.190,a distance of 93.43 feet to the northeast comer of said
Gardner tract,a point for corner on the west side of a City-maintained street known locally as Avenue C,
from which a 5/8"iron rod(found)bears N 00 044'48"E 0.40 foot;
i
g THENCE S 00°44'48"W,with the east line of said Gardner and Cooper 0.213 acre tract and the
west line of Avenue C,a distance of 10.62 feet to a point for the southeast comer of the herein described
0.021 acre,from which a point for the most northerly south nst comer of said Gardner and Cooper 0.213
acre tract bears S 00°44'48"W 60.41 feet and referenced by a 1/2"iron rod found with a plastic cap
stamped"H.E.McAdams 2005"bearing S 03°59'57"W 79.87 feet;
THENCE across said.Gardner and Cooper 0.213 ac e tract as follows:
(1)N 69°34'34"W,parallel with the north line of s dd Gardner and Cooper 0.213 acre tract and
'^ the south tight-of-way line of State Highway No.190,a distance of 8.79 feet to a point for
a
comer being 1.00 foot easterly,as measured at r ght angles,from the easterly exterior wall of a
metal building erected on a concrete slab found tion;
(2)N 05'18'16"E,parallel with said building's eas terly exterior wall,a distance of 3.38 feet to a
point for comer;
t (3)N 84 141'44"W,parallel with and 1.00 foot no erly,as measured at right angles,from said
building's northerly exterior wall,a distance of 2.53 feet to a point for comer being 10.00 feet
southerly,as measured at right angles,from the north line of said Gardner and Cooper 0.213
acre tract and the south right-of-way line of State Highway No.190;
EXHIBIT" "
Page 1 of
)
EXHIBIT "A-2" to Resolution
Una Table STq T
Line No, 8-11x; Length q Y
FONT OF BEGINN
U S 0ING.
0'44'48'W 10.62 - fbM b quNr RO,W.M It.190 Q n
L2 N 69'34'39' W 8.79 RQAr N.10,259,087.66 Ff. Igo
E-3,802,860.01 Ft.
L3 N 05-1816•E 3.38
L4 N 84.41'44-W 12.53 ��0/q°b rotor ror c°rnx
Fnd 518'1 10
LS N 699474-W 71.50 rQ OPpy W Mon N 00.4448'E 0.40
L6 N 00'0412'W 10.67
L7 6 00.44'48-W 60.41 \ `9.•yv
� L4
... �
SEE DETAIL
/rnsl•NQ s H Alfwa ft 1! v
0 § N and L. Bordner
^/
m and J Cooper f,
rO a ,^y C 0.2211 3 Ac. W
{L[jf °2i 4 v'411 or Q fi 43 403, D.R. Z
� I W
o >
s
a a
4.00 cars = m I
>>f„rx Tamer
\•(��` r v FM.I/Y Lrod w/pusHC ray
V WEAkOAms 2005'
Meta/ Buitd",g s o3 sfisr w rssy
on concrete Stab W
Q
j�
W T
Fnd 1/Y L pO.men11 12'roam `
DETAIL Fnd 5/8'L rod Mxs
SCAM Va 10 FM 68415UZ'E MN
daeY+
NOTES,
I.Unless otherwise noted. corners of IM Proposed Utility Easement REVISED:JANUARY 16,2013 TO
are not mananenlM CREATE ONE FOOT WIDE BUFFER
2. see Metes anal Bounds descNptldn prepared cancurrenfiy herewith. AROUND AN EXISTING BUILDING
eoxdro.ayxam Soda el 0-44"and Udx Units
Caa1Zno and are=Mann me"farted to tae Tema Coxdrdle 8yalem 4f 1983,
C= 2ma,and eaaM m tla peaillm of fbamtl OeoWlk Survey Ifxmxly Mown m
"U.S.a %9 8 GeoOeM 8vreyl PnmwYY N"xt Cm1"1 atom.IPACSI monrmnt
deNpaled'739 A'heNnp pMeMd NAO B3 09931 roordlnafes of N•3J28,437.762 �
Nefxs and E•IJS4R89.433 AAeMS.Dut—•hewn Mrem xe U 3 Sw"y Feel In
'6RV WM eM t-Nd 14 6oaC Nari-ld'Wts by dMN by a
rnm8nsd x l
0.9996&
z
I, Leonard E vender cal su supervision n a plat represents M d survey moue
on fed t 1/2 under rods slith ran and that oA carlwers, Wna otherwise
noted,ore 1/2'kart roes w1M Y dlomefx akeNreen cop(sC//tga/^m�,pe�r'd
-City of Wnl'-d' L E WoMa S 25 ;J
Leaward E Woods
Reg. Prof.Land Surveyor No. 2524 PLAT OF SURVEY OF
July I,2011
tE QF F PROPOSED UTILITY EASEMENT (0.021 AC.)
*,.` `� o•.* � UPON
Leonard E. Woods RANDY L. GARDNER AND
2524 +;:' JOHN COOPER PROPERTY
r'
'r.s °.yOQ CI of RuntavtUle CITY OF HUNTSVILLE
4'F!) S1JftiF. Public Works - surveying PLEASANT GRAY LEAGUE, A-24
44e State Nay.75 Norm
Flu."Wfle, Tesm 77320 WALKER COUNTY, TEXAS
Project No. 08-10-26 JULY 2011
Yr\BUR VEYORSNPROJECTSNCOMI\t&10&026\081026-6R.DWG
EXHIBIT "B" SCALE 1- - 40 FEET
1
10 Ft.wide—0.021 Ac.U.E. Page 2
Randy L.Gardner and John Cooper
P.GRAY LGE,A-24
4
1 Walker County,Texas
and(4)N 69'34'34"W,parallel with the north lin of said.Gardner and Cooper 0213 acre tract
and the south right-of-way line of State Highway No. 190,a distance of 71.50 feet to a point for
the southwest corner of the herein described 0.021 acre in a west line of said Gardner and Cooper
i 0.213 acre tract and the east of said Gardner 0.598 acre tract,from which a 1/2"von pipe(found
top bent and buried-ITj for their common south. er bears S 00°04'12"E 172.27 feet and from
this iron pipe a 5/8"iron rod(found with top bent)bears S 84°15'02"E 19.31 feet;
THENCE N 00004'12"W,with the common line of said Gardner and Cooper 0.213 acre and
Gardner 0.598 acre tracts,a distance of 10.67 feet to the F OINT OF BEGINNING.
I
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NOTES:
i
.l. For further information,see Plat.of Proposed Utility Easement labeled Exhibit`B"prepared
i concurrently with the legal description herein.
2. Revised on January 16,2013 to create a one(1.00)fo t.wide buffer around.the aforesaid.existing
41 metal building.
Surveyed:July 2011.
j
Signed
Leonard E.Woods
Reg.I Irof.Land Surveyor No.2524
} Y:ISURVEYORSNPROJECTSICOHI]WEa61026=1026 6R.hns.doc
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EONARD E.WOO
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EXHIBIT "B-1" to Resolution
CITY OF HUNTSVILLE,TEXAS
Public Works-Surveying
448 State Hwy.75 North
Huntsville,Texas 77320
THE STATE OF TEXAS §
COUNTY OF WALKER §
I,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.
PROPOSED 10 FOOT WIDE UTILITY EASEMENT(0.030 AC)
UPON
RANDYL. GARDNER PROPERTY
PLEASANT GRAYLEAGUE,A-14, WALKER COUNTY, TEXAS
Being a strip of land ten(10.00)feet in width,containing 0.030 acre of land,situated in the
PLEASANT GRAY LEAGUE,Abstract No.24,Walker County,Texas,and being out of,upon and a part
of a called 0.598 acre tract described in a Deed from Thomas C.Rushing and wife,Lillian M.Rushing to
Randy L.Gardner and Dick Shultz dated December 28, 1979 recorded in Volume 352,page 148,Deed
Records of Walker County,Texas and a Deed,conveying an undivided one-half interest in said tract
recorded in Volume 352,page 148,Deed Records,from Dick Shultz to Randy L.Gardner dated February
1,1984 recorded in Volume 424,page 868,Deed Records,said 0.030 acre being described by metes and
bounds as follows:
BEGINNING,at a northwest corner of said Gardner 0.598 acre tract and the northeast comer of a
called 3.707 acre tract described in a Deed from Credit Loans,Inc.to Iglecia Apostoles Y Profeta EF 2-20
Church dated October 1,1995 recorded in Volume 264,page 851,Official Public Records of Walker
County,Texas,a point for corner in the south right-of-way line of State Highway No. 190,having
coordinates of N=10,259,132.97 feet and E=3,802,738.33 feet from which a 1/2"iron rod found with a
plastic cap stamped"Savoy 5730"bears N 43 158'58"W 2.51 feet;
THENCE S 69°34'34"E,with the north line of said Gardner 0.598 acre tract and the south right-
of-way line of State Highway No. 190,a distance of 129.84 feet to the northeast comer of said Gardner
tract and a northwest corner of a called 0.213 acre tract described in a Deed from Thomas C.Rushing to
Randy L.Gardner and John Cooper dated June 1, 1984 recorded in Volume 430,page 403,Deed Records,
a point for corner in the south right-of-way line of State Highway No. 190;
THENCE S 00°04'12"E,with the east line of said Gardner 0.598 acre tract and the west line of
said Gardner and Cooper 0.213 acre tract,a distance of 10.67 feet to a point for the southeast corner of
the herein described 0.030 acre,from which a 1/2"iron pipe(found top bent and buried 12")for their
common south comer bears S 0010412"E 172.27 feet and from this iron pipe a 518"iron rod(found with
top bent)bears S 84°15'02"E 19.31 feet;
THENCE N 69°34'34"W,parallel with the north line of said Gardner 0.598 acre tract and the
south right-of-way line of State Highway No. 190,a distance of 130.26 feet to a point for the southwest
corner of the herein described 0.030 acre in a west line of said Gardner tract and the east of said Church
3.707 acre tract,from which a 112"iron rod found in the east line of said Church tract for the southwest
comer of said Gardner tract bears S 02°04'45"W 217.68 feet and from this iron rod another 1/2"iron rod
found with a plastic cap stamped"H.E.McAdams 2005"bears S 06°14'28"E 5.61 feet;
EXHIBIT"A"
Page 1 of 2
I
i
a 10 Ft.wide—0,030 Ac.U.E. Page 2
Randy L.Gardner
# P.GRAY LGE.,A-24
Walker County,Texas
i
3
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? THENCE N 02°04'45"E,with the common west ine of said Gardner 0.598 acre and said Church
3.707 acre tracts,a distance of 10.53 feet to the POINT F BEGINNING.
7
s,
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NOTES:
i
1. For further information,see Plat of Proposed Utility E sement labeled Exhibit`B"prepared
d concurrently with the legal description herein.
Surveyed:July 2011.
3
s
Signed
i
Leonard E.Woods
Reg.Prof Land Surveyor No.2524
Y:ISURVEYORS\PROJECTS\COH71\UE\081026\081026_5.fis.doc
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EXHIBIT "B-2" to Resolution
STq TF
M/GHwq Y No
t90
POINT OF BEGINNI G
Pahl k,asem RQW.em an 190
N• 10,259,132.97 Ft.
E• 3,802,73833 Ft.
Fad 112'L rod Wphaar aqo troy 5730'
4.3839'w 231
p k
X003 p
/ 44 QT N \
uryry6 e N O Randy L. 6wpeef
Cooper
J, and John
`�7Cj �o ry W 3 O ci CaU Ac.
430/4403,03, D.R.
Qj
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FN I/2•t aM medl It eo.. I
w I
red s4r t M nwn = I
e..s p e4ram•E1931
FiW IR'tM� Z
FN NJ't M M4akr at HCIewMw AW'
LY 1.1
erwo a osraTr E sp
Lint Table I Q
NOTES, Line No. Beakq Length I
U 9 0.0412'E 10.67
I.s~Vniess otherwise not rated.Comas of the proposed 10 toot wide Utility I
Easement at not morNmer)ted. L2 N 2.04'45'E 10.53
,
2.See Notes and Bounds deaerlption prepared concarrentiy Aerewlth.
I
Camdnats Bystes,Basis of Bsps and Lhwm W, I
Cxrdnalx and"mina Mean at ro1wrs4 is me Tssm Comdawts Byotsm ei 1985, (�
Contmi Zanw and blood an fIw pasl!Z at Ne1WIW 9seltk 9,rery if. It Mown n co
tho U L Corot a Gossett,&—y)Pnmory AIZ CanhW Stan.t'ACB)m—t I
d Wgnolod'739 A•hodn DreSWwd"D B3 1993)p ...of.N•3124437.762 q
Wlms and E•U54299.455 Wtw>Dlslancn Mown hwsan as U t.8-1y Foot In d
•RtID•Wla and may be aamwlse to'6eoNlk NxlionlaP Wb by Ao18M by
cenddmd xak fxfm a 0,99988.
L Leonard E.Woods,certify that this plat represents a survey made I
an the ground under my supervision and that d corners,unless a'.""se
noted,are 1/2' iron rods with 2' dlaawter oluminun eap a ed
•Goy of Fhnisvilh,L E.Woo 0.PLS.2524• tSt rd ).
.l muk
Leonard E.Woods
Rep Prof.Lard Surveyor No.2524
July 1,2011 PLAT OF SURVEY OF
e � PROPOSED 10 FOOT WIDE UTILITY EASEMENT
O
Leonard E. Woods d
RANDY L. GARDNER PROPERTY
City of Hlxatdrviiie CITY OF HUNTSVILLE
O S11i2�E PUNI Wants 75
C Wos - Burvyang
Wi PLEASANT GRAY LEAGUE, A-24
448 State
HaMSVIN, Texas 77320 WALKER COUNTY, TEXAS
Protect NO.08-10-26 JULY 2011 Y'2 VEYORS\PROJECTS\COILI\UE\081026\081026_5.OW0
EXHIBIT "B" SCALE r - 50 FEET