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ORD 2003-15 - Offer - Condemn - Clegg 11-11-2003ORDINANCE NO. 2003-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR THE CITY OF HUNTSVILLE FOR THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY THAT IS REQUIRED FOR PUBLIC PURPOSE (WASTEWATER EASEMENT); DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; PROVIDING FOR THE FILING OF LIS PENDENS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS The City Council of the City of Huntsville now finds and determines that public convenience and necessity require that the City of Huntsville acquire wastewater easement described herein for public purposes for the diversion of wastewater flow from the A.J. Brown Wastewater Plant to the Robinson Creek Wastewater Plant as recommended in the "Huntsville Plan" study prepared in 1995, and construction of wastewater service to the Westridge Subdivision and other areas of Huntsville; NOW, THEREFORE, be it ordained by the City Council of the City of Huntsville, Texas, that: Section 1: The City Council of the City of Huntsville officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of a wastewater easement described below for the purpose of constructing wastewater lines to divert wastewater flow from the City's treatment plant in the northeast, A.J. Brown Wastewater Treatment Plant, to the Robinson Creek Wastewater Treatment Plant as recommended in the "Huntsville Plan" study prepared in 1995, and to serve the Westridge Subdivision and other areas within and without the City limits of the City of Huntsville, Texas: Being a 50 foot wide wastewater easement across Mary T. Clegg Property, PLEASANT GRAY SURVEY, A -468, Walker County, Texas, said easement being more fully described in Exhibit A1" attached hereto and incorporated herein. Section 2: That the City Attorney is authorized and directed to make an offer in the amount of $5,782.00 to the record owner of the easement described in Exhibit Al ", and the offer shall provide that if it is not accepted within ten (10) days after receipt, the City of Huntsville will consider such offer refused and will institute condemnation proceedings. Section 3: That in the event that the offer is refused, either expressly or by failure of the owner to unconditionally accept the same within the time specified, the City Council finds that public necessity requires the acquisition of the wastewater easement for the construction of wastewater lines to divert wastewater flow from the City's treatment plant in the northeast part of the City, A.J. Brown Wastewater Treatment Plant, as recommended in the "Huntsville Plan" study prepared in 1995, and to serve the Westridge Subdivision of the City of Huntsville and other areas both within and without t he C ity, a nd t he City Attorney is authorized to institute condemnation proceedings against the property owner on behalf of the City of Huntsville under the provisions of Chapter 21 of the Texas Property Code, the Charter of the City of Huntsville, or any other applicable state or local law. Additionally, the City Attorney is directed to file notice of this action in the real property records of Walker County, Texas, pursuant to Section 12.007 of the Texas Property Code. Section 4: Should the offer be accepted , the money above set forth shall be paid out of any appropriation heretofore made for which the above described easement is required. Should the offer not be accepted, the amount finally awarded to the owners in the condemnation proceeding, plus costs, fees and expenses, shall be paid out of such funds so appropriated. Section 5: This ordinance shall take from and after its passage. PASSED AND APPROVED by the City Council of the City of Huntsville, Texas on this 11 th day of November 2003. THE CITY OF HUNTSVILLE, TEXAS Karl Eravidson, Mayor ATTEST: Danna Welter, City Secretary APPROVED AS TO FORM: s , 4,-e= u Isham, City Attorney RIGHT OF WAY GRANT Project No. 00- 10 -28. Tax ID No. 8410- 109 -0 -00700 THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS COUNTY OF WALKER C THAT, for and in consideration of the sum of Ten and No /100 Dollars (S 10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, that 1, MARY T. CLEGG, (sometimes herein called "Grantor "), whose address is 2200 Willowick 17A, Houston, Harris County, Texas 77027-395 1, do hereby Grant to the Citv of Huntsville, a home rule municipal corporation, (herein called "Grantee "), «•hose address is 1212 Avenue M. Huntsville, Walker County, Texas 77340, and its successors and assigns, subject to the terms and conditions hereinafter set forth, a right of way and easement to construct, maintain, operate, inspect, replace and remove one gravity wastewater line and one pressure wastewater line easement 50 feet in width across, in, on, over, through and under across that 91.88 acres located out oi' the PLEASANT GRAY LEAGUE, Abstract No. 24, Walker County, Texas, being described as Tract Seven in a Deed from Thomason Estate Partnership, LTD., et ai to Mary T. Clegg, dated September 26, 1999, recorded in Volume 403, Page 152 of the Official Public Records of Walker County, Texas, to which record reference is here made in aid of description. Said casement is more particularly described in the Exhibit attached hereto and made a part hereof For all purposes. Grantor and Grantee further agree that this Right of Way Grant is specifically subject to the following: 1. Grantor for herself, her heirs, successors and assigns reserves the fee simple title and all or the oil, gas and other minerals of any kind or character, together with the right to explore for mine, extract and produce same, providing said exploration, mining, extraction and /or production does not interfere with the use of the easement granted herein. 2. Grantor further reserves the right to construct one or more roads ways over and across the casement granted'nerein. 3. The Easement granted herein is subject to the rights of the Lessee in those Oil Gas and Mineral Leases described in Memoranda recorded in Walker County, Texas, under the county Clerk's File Nos. 05229, 05230, 05231, 05232, 05233, 05234, 05235, 05236, 05237 and 05238. 4. The casement granted herein shall terminate same if'Grantee ceases to use same for the purposes herein granted and Grantee shall remove all pipelines from the land and to restore the surface as required herein within 90 days of the termination of this Right or Way Brant. 5. Neither Grantor nor Grantee shall locate any above ground f<rcility, to operate and maintain a ravity and pressure wastewater line, on the land (other than Grantor's rights to locate one or more roadways over and across the casement as is herein above provided for) and .Grantee is expressly granted the right to remove and keep removed any trees or shrubs or other growths that endanger or interfere with the construction or maintenance of the casement. 6. Grantee agrees that any caliche, rock, clay or other non - arable soil brought 'to the surface during ditching and /or construction operations shall be hauled from the land. 7. Grantee agrees that within 30 days of the completion of the laying of the pipeline that it will smooth and level the surface of the land disturbed by its operations and that it will construct and maintain such spreader dams and other soil conservation devises on the land as may be reasonably necessary to prevent damage or erosion to the adjacent property of Grantor. S. Grantee will insure that there is at least 12" of top soil replaced on all Land disturbed by it and that it will sod or seed all land so disturbed with perennial ground cover. 9. The terms contained herein are contractual and not mere recitals. 10. Grantee agrees to indemnify and hold Grantors harmless from any and all damage or claims for damages tier injury to persons or property occasioned by or arising out or resulting from the operations by Grantee, its agents costs and expenses incurred by Grantors by reason of such claim or claims, including attorney's Pecs; and each assignee of this right of way or any interest herein agrees to indemnify and hold Grantor harmless in the same manner provided above. 11. This Right of Way Grant contains all of the agreements between Grantor and Grantee and no representations or statements have been made modifying, adding to or changing the terns of this agreement. 12. This Right of Way Grant is to be construed in accordance with the laws of State of Texas. Should any dispute anise hereunder the parties stipulate that venue will lay in Walker county, Teas. This Right of Way Grant shall be a covenant running with the land and is binding upon the Grantor and Grantee, their respective heirs, successors and assigns. This agreement is executed by each party on the date that their respective acknowledgements are taken, however it shall be effective for all purposes as the day of 2003 ( "Effective Date "). MARY T. CLEGG AGREED TO AND ACCEPTED BY CITY OF HUNTSVILLE, A HOME RULE MUNICIPAL CORPORATION By: Its: STATE OF TEXAS COUNTY OF HARRIS § This instrument was acknowledged before me on the day of 2003, by MARY T. CLEGG. NOTARY PUBLIC, STATE OF TEXAS STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowiedged'before me on the day of by , the Huntsville, a home rule municipal corporation, on behalf of said City. 2003, of the City of NOTARY PUBLIC, STATE OF TEXAS MOORER & WOODS, INC. Pegistered Professional Land Surveyors Licensed State Land Surveyors Huntsville, Texas 77340 THE STATE O1' TEXAS COUNTY OF WAI i1"ER I, Leonard I:. Woods, Re- stervd Professional Land Surveyor No. 2524, do hereby certify that the following field notes represcnt a survey maec on the ground of the following described tract or parcel of land located in Walker County, Tcxas. Coordinates, bearings and lincar units herein are referred to the Texas Coordinate System of 19'x3, Centr;tl Zone, and based on the position of National Geodetic Survey (formerly Known as the U. S. Coast & Geodetic Survey) Primary Airport Control Station (PACS) monument designated "739 A " having published NAD 83 (199)) coordinates of N= 3,128,437.762 meters and E= 1,154,289.4:3 meters. Distances herein are U. S. Survey Feet in "Grid" units and may be converted to "Field Horizontal" by dividing by a combined scale factor of 0.99985. 50 FT. WIDE WASTE IIIATER EASE iV1 ENT ACROSS h1ARY T. CLEGG PROPERTY PLEASANT GRAY SURVEY, A -468 WALKER COUNTY, TEAS Bcing a strip of land, fifty (50) feet in width, sitnatcd in the PLEASANT GRAY Li:AGUE. Abstract No. 24, Walker County, Texas, and being over and across a called 91.88 acre tract, situated in the PLEASANT GRAY LEAGUE, Abstract No. 24. described as "Tract Seven" in a Deed from the Thomason Estate Partnership, LTD., et al to Mary T. Clegg dated September 26, 1999 and recorded in Volume 403, paste 15'2, Official .Public Records of Walkcr County, Texas, said fifty (50) foot wide strip lying fifteen (15) feet westerly or southwesterly and thirty -five (35) feet easterly or northeasterly, as measured at right angles, from the following described baseline, shortening or lcm l-,ening the side z:l lines of said strip to terminate on property lines so as not to create overlaps or gaps: BEGINNING, a point in the northwest line of said Clegg 91.88 acre tract and the southeast line of a called 30.241 acre tract describcd "Parcel No. 3, Part 2" in a Donation Dccd from Mary T. Clegg, et of to Walkcr County dated Deccn;ber;5, 1997 recorded in Volume 335, page 431, Official Public Records, said 30.241 acre parcel Bcing utilized as the right -or -way for Farm -to- Market Road No. 1791, said point having coordinates of N= 10,260,531.09 feet and I:= 3,784.039.54 feet, from which 4" diametcr bronze disk sct in concrete stamped "Texas Department of Transpbrtaticn" found for an angle corner in said right -of -way line bears N 46 °31'03 "E - 39.66 feet and another !)cars S 4603V03"'W- 536.15 feet; TI -IENCE across said !Mary T. Cleg; 91.38 acre tract as follows: (1) S 53005'43"E-'162-58 feet to a point; (2) S 04 031'42 "E - 1093.40 feet to a point; and (3) S 09 "17'104 "W a distancc of 60.44 reu to the POINT OF TrRMINATION, a point having ecord-inates or N= 10,259,283.83 feet and P= 3,784,246.11 feet in the south line of said Clegg 91.55 acre tract and tine north line of n called 127.82 acre tract described in a Decd from Thomason Family Partnership, 1.,TD. to Gregory G. Hall dated November 8, 2001 recorded .in Volumc 440, page 647, Official Public Records, and ;roan which a mint in the southeast right -of" -way Line of said Farm- to-Markel, Road No. 1791 for the common %vcst corner of said Clegg 91.48 acre and I -Tall 127.52 acre tracts bears S 87'30'19­W- 1320.35 feet and from said common westerly corner a 4" diameter bronze disk sct in concrete stamped "Texas Department �,f Trnnsportation" found for an angic corner in said right -of -way line bears N 32 °28'06 "E - 665.55 feet and another bears S 32 °28'06 "W - 159.85 feet and from said point of termination a point for the cctnm.m cast corner of said Clegg 91.38 acre and Hall 127.52 acrc.tracts bears N 8730'19 "E - 1999.18 :cct and rronn said common easterly corner a 112" iron rod bears S 87'30'1 9"W- 0.12 foot, said corner being in the west line of a called 515 acre tract situatcd in said GRAY LEAGUE, described in a Deed from Ed M. Cunningham, et aI to the State of Texas EXHIBIT "A„ Page I of 2 5C 4, San. Sever Easement across Miry T. Clegg prope�!y, P. GRAY LGE., A-463 VIALr County, Texas Page dated June 23, 1983 and recorded in V01'",-% Y. P111c T,ccd Rcco.rds. said lino being aiso tl.c most southerly West line of he "Wynne State Fran', a called 1912.59 acre tract, descrilled. by Ralph J. McMahon in a rcsui-%-cy of "Texas ?.-;,son System Properties" publishcd in Bulletin No. 20 of the Tcxas Rcc!amation Dcpartn,,cnt dated February 1935 and archival in the T(,-x.is State Library, Austin, Texas; NOTES: 1. Total length of bnsel hic described herein: 1,3 16.41-2 feet. 2. For further information, see Plat of Proposed 50 ft. Easement, labc1cd E-%Iiit)it "B"7 prepared concurrently y.!ith 'lie le.-al description herein. Surveyed on Dcccnibc,- 18, 2002. Signed Leonard E. Woods O:VobsOT02032\02082-1.ans Reg. -Prof. Lind Surveyor No.2524 OF -C' ...... LEONARD z- .. 2524 EXHIBjT "A" Page 2 or 2 Page Thorreson Eslale Pcr'r7er ^h %p. L D / \ / \\ . Cr.,'I 90J, Ac. "'•ac; Four" / / \ , Vol 403, pg. Cnh' 155.' Ac. ";roc' three" // �\ Pet, ;e \ Vol. 403, pg. l40, O.P.R. 5 / \� �/ \ AN. o Q\ "Ue / C o' F �• Mcry . T. Clegg Call 91,83 Ac. "Tree' Snvcn" / /N:o Vol. 4Ojr pg. 152, O.P.R. r„d Set xC°r coot • °onto r mss,! % • �• � .3 C lra..sn I I ` n In v� O Z u � N 4l v I� ICID 1 I ti y POrNr OF rrPMrNA rro.N N- 10.759.2173.03 Fl. ,� r- 3.7n4.. ?46. /l / "/, / MARY T. CLEGG PROPERTY Paint for corner /320.35 LEONARD E: WOODS J f77 "3079" ! 3319.53 T° WALKER COUNTY, TEXAS •SSto.��y0 �SUR�E DECEMDER 2002 F,O er i T"Dn- G•egcry G. i Icll cogcce � o�te ..: c 5613 Cc„' 1 ?7.82 AC. YO% 460, pg. 5647, O.P.R. Notes: I. Proposed 50 foot wide easement to lie 15 feet Westerly or sou!wreslcrly and 35 feel easterly or norlhecs!erly, as measured at ri;hf rnG� "s, from the basoline. 2. The fatal length Of the ncsemen! baseline is 1,3IG.42 Feet. Coordinc'e 3ysfem. 7csis of Renr!ngs end Linear Unilr Covrd[na!es and benrings hereon ere, referred to the Texas - oord!re!c System of !003, Control ;one, and based on the position a! Nafloncl Geodcl!c !,_ey 'torrnerly known n; the U. C. Coast f. Scndclle Survcyl Pr!mcry Airport Control StNinn ;PAC^) : ^neumenl des)glnnted -T39 r. having puNShed NAD U3 (1993) coordinates of '1- 3.120.43 ..7G2 Meters cnd E. 1-154,.^09-433 Meters. Dillenees shown hereon arc U. S Curvet' Teel in 'GRID' units and mrry be converted to -eld Hori:ontnl' uni's by divi,nq by c combined scale !actor of 0.9'19110. I. Leoncrd E. .Woods, certify !he! !his p!al represents a s�:vey R.de on the ground under my supervis!on and 1ha1 all corners and monumenls are cs shown. Leoncrd I- woods Req. Prof. Lcnd Surveyor No. 2524 Dcccmber I0, 2.002 tr 0) CO Q Z O s o N axoi � 4 o or ' o � Q � V p !n ti h Q 3 0.9°77'04" W GO. 174 1999.18 P lnl for cnrnn i -nd. I /Y' t. rod 07.3079'Iy- 0.12 PLAT OF SURVEY OF PROPOSED 50 FOOT EASEMENT ,�P,.•� � TF . +y ACROSS MARY T. CLEGG PROPERTY LEONARD E: WOODS PLEASANT GRAY LEAGUE, A -24 �:qo 2524 Pv:Q 9.t' WALKER COUNTY, TEXAS •SSto.��y0 �SUR�E DECEMDER 2002 SCALE I" - 300 FEET MOOPER C WOOD.^., INC. Ren,• Prof. Lnnd Surveyors O70D2_i P.O. Dox 9131 Iluntsvllle_ !eve "r "