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ORD 2009-56 - Annexing Brookview 10-17-2009ORDINANCE NO. 2009-56 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF HUNTSVILLE, WALKER COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY; AND ADOPTING A SERVICE PLAN. WHEREAS §43 of the Texas Local Government Code and the Charter of the City of Huntsville, Texas, an incorporated city, authorizes the annexation of territory, subject to the laws of this state; and WHEREAS Pursuant to Resolution 2009 -22, the City of Huntsville ordered public hearings where all interested persons would be provided the opportunity to be heard on the proposed annexation of the property described hereto; and WHEREAS Notices of such public hearings were published in the Huntsville Item, a paper having general circulation in the City of Huntsville, Texas and Walker County, Texas, on Sunday, July 19, 2009, and August 2, 2009, which dates were not more than 20 days nor less than 10 days prior to the date of the opening of such public hearings; and WHEREAS The public hearings were held at 6:00 p.m. on Tuesday, August 4, 2009, and Tuesday, August 18, 2009, in the City Council Chambers of the City Council at City Hall, 1212 Avenue M, Huntsville, Texas, which dates are not more than 40 days nor less than 20 days prior to the consideration of this ordinance; and WHEREAS The procedures prescribed by the Texas Local Government Code and the Charter of the City of Huntsville, Texas, and the laws of this state have been duly followed with respect to the following described territory, to wit: FIELD NOTES 10.649 ACRES Being all that certain tract or parcel of land lying and being situated in the PLEASANT GRAY LEAGUE, Abstract No. 24 in Walker County, Texas and being part of the 40.77 acre tract described in the deed from M & M Designs and Robert A. Myers, Jr. to BCS Development Company as recorded in Volume 813, Page 683 of the Official Records of Walker County, Texas (O.R.W.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2 -inch iron rod marking the southeast comer of the said 40.77 acre tract, the southwest comer of the Dorothy Thomason Family Partnership, Ltd. 110.2 acre remainder tract as recorded in Volume 412, Page 577 (O.R.W.C.), said iron rod also being in the north line of the Thomason Estate Partnership, Ltd. 90.17 acre Tract Four as recorded in Volume 403, Page 140 (O.R.W.C.), from whence a City of Huntsville Mapping Control Network Monument No. 638I having published coordinates of N= 10266119.90 and E= 3782401.04 bears N 60 39' 03" W at a distance of 3507.39 feet for reference; THENCE: along the common line of this 40.77 acre tract and the said 90.17 acre tract for the following three (3) calls: l) N 76° 33'26" W for a distance of 398.35 feet to a found 1/2 -inch iron rod for corner; 2) S 79° 07' 00" W for a distance of 271.84 feet to a found 1/2 -inch iron rod for corner and 3) S 74° 42' 16" W for a distance of 130.87 feet to a found I/2 -inch iron rod marking the southwest comer of this 10.649 acre tract, said iron rod also being in the east line of a 1458.95 acre Sam Houston State University tract as recorded in Volume 197, Page 568 (O.R.W.C.); THENCE: N 02° 10'31" W along the common line of the said 40.77 acre and 1458.95 acre tracts for a distance of 605.06 feet to a found 1/2 -inch marking the northwest comer of this 10.649 tract and the northeast corner of the said 1458.95 acre Sam Houston State University tract; THENCE: N 84° 44' 15" E through the said 40.77 acre tract for a distance of 774.15 feet for corner in the east line of the said 40.77 acre tract, said comer also marking the northeast comer of this 10.649 acre tract and the northwest comer of the said 110.2 acre remainder tract; THENCE: S 021 44' 36" E along the common line of the said 40.77 acre tract and the said 110.2 acre remainder tract for a distance of 683.17 feet to the POINT OF BEGINNING and containing 10.649 of land, more or less. Distances, shown hereon, are geodetic horizontal and may be converted to the City of Huntsville Mapping Control Network by multiplying by a Combined Scale Factor of 0.99988. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: That the heretofore described property is hereby annexed to the City of Huntsville, Walker County, Texas, and that the boundary limits of the City of Huntsville be and the same are hereby extended to include the above described territory within the city limits of the City of Huntsville, and the same shall hereafter be included within the territorial limits of said city, and the inhabitants thereof shall hereafter be entitled to all the rights and privileges of other citizens of the City of Huntsville and they shall be bound by the acts, ordinances, resolutions, and regulations of said city. 2. A service plan for the area is hereby adopted and attached as exhibit A. The City Secretary is hereby directed to file with the County Clerk of Walker County, Texas, a certified copy of this ordinance. PASSED by an affirmative vote of all members of the City Council, this the 15a' day of September, 2009. 3A EST: i Woo ward, City Secretary APPROVED: �i Leoinkrd Schneider, City Attorney