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ORD 2002-24 - AnnexationORDINANCE NO. 2002-24 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, ANNEXING TRACTS OF LAND CONTIGUOUS AND ADJACENT TO THE PRESENT BOUNDARY LIMITS OF THE CITY OF HUNTSVILLE, TEXAS; BEING AREA 6611"9 AN APPROXIMATE 1,256.72 -ACRE TRACT OF LAND KNOWN AS THE "SAM HOUSTON STATE UNIVERSITY RANCH;" BEING AREA "C", AN APPROXIMATE 116.84 -ACRE TRACT OF LAND OWNED BY THE CITY OF HUNTSVILLE AS PART OF THE CITY AIRPORT PROPERTY; BEING AREA "E", AN APPROXIMATE 398 ACRES OF LAND OWNED BY THE UNITED STATES GOVERNMENT AS A UNITED STATES FOREST; BEING AN AREA "F", AN APPROXIMATE 180 ACRES OF LAND OWNED BY THE UNITED STATES GOVERNMENT AS A UNITED STATES FOREST; AND BEING AREA "G ", AN APPROXIMATE 1,404 ACRES OF LAND OWNED BY THE UNITED STATES GOVERNMENT AS A UNITED STATES FOREST; APPROVING SERVICE PLANS FOR AREAS "B", "C", "E", "F" AND "G"; MAKING VARIOUS OTHER FINDS AND PROVISIONS RELATED THERETO; AND DECLARING AN EFFECTIVE DATE. WHEREAS, The City of Huntsville ordered public hearings where all interested persons would be provided an opportunity to be heard on the proposed annexations for the property described in Areas `B ", "C", "E", "F" and "G" attached hereto; and WHEREAS, Notices of such hearings were published in The Huntsville Item, a newspaper having general circulation in the City of Huntsville, Texas and Walker County, Texas, which dates were not more than 20 days nor less than 10 days prior to the date of such public hearings; and WHEREAS, The public hearings were held on September 3, 2002, and September 17, 2002, in the City Council Chambers of the 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, During the hearings the proposed service plan was made available for inspection and explained to any inhabitant or interested person of the areas to be annexed at that time; and WHEREAS, The City of Huntsville has a population in excess of 25,000 but less than 49,999 inhabitants; and WHEREAS, The above described properties lie within the extraterritorial jurisdiction of the City of Huntsville, Texas; and WHEREAS, All of the properties to be annexed to the City of Huntsville are either owned by a municipality (City of Huntsville), the State (Sam Houston State University), or the federal government (United States Forest property) and is used for a public purpose; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The following described lands, territories, and tracts of land lying adjacent to and adjoining the City of Huntsville, Texas, are hereby added and annexed to the City of Huntsville, Texas, and the territories hereinafter described shall hereinafter be included within the boundary limits of the City of Huntsville, Texas, and the present boundary limit of the City, at the various points contiguous to the areas hereinafter described, are altered and amended so as to include the areas within the corporate limits of the City of Huntsville, Texas, described in Areas `B ", "C ", "E ", "F" and "G" attached. Section 2: The Service Plans attached to this Ordinance for Areas `B ", "C ", "E ", "F" and "G ", and made a part hereof for intents and purposes, are hereby adopted and approved as the Service Plans for the respective areas annexed by this Ordinance. Section 3: The above described territories and the areas so annexed shall be apart of the City of Huntsville, Texas, and the property so added shall bear its pro rata part of the taxes levied by the City of Huntsville, Texas, unless the property is tax- exempt under law, and the inhabitants thereof, if any, shall be entitled to all of the rights and privileges of all the citizens of Huntsville and shall be bound by the acts, ordinances, resolutions and regulations of the City of Huntsville, Texas. Section 4: Upon final passage, the properties shall be zoned as "M ", Management District and shall be so shown on the Official Zoning Map of the City of Huntsville, Texas. This zoning classification shall be temporary. The City Planning Officer and City Planning and Zoning Commission are hereby directed to commence proceedings to make a recommendation to City Council for permanent zoning within six (6) months. Section 5: The City Secretary shall file a certified copy of this Ordinance with the CountyClerk within thirty (30) days of notice of the U.S. Justice Department approval of this annexation. Section 6: This Ordinance shall take effect immediately upon its passage by the City Council PASSED AND APPROVED on this the 8th day of October, 2002. CITY OF HUN VIL , TEXAS By: William B. Green, Mayor ATTEST: Danna Welter, City Attorney APPROVED AS TO FORM: Paul C. Isham, City Attorney Highway 75 North - Sam Houston State University Ranch Area B - September, 2002 BEGINNING at a point for an ell corner of a called 155.30 acre tract described as Tract 5 in a Partition Deed (Thomason Partition) to Thomason Family Partnership, Ltd., dated September 26, 1999 and recorded in Volume 0403, Page 133, Official Records of Walker County, Texas, said corner being in the south line of the existing city limits as per City Ordinance No. 94 -33, said corner being also an ell corner of a called 1458.95 acre tract described in a Deed from W. S. Gibbs Trust to Sam Houston State University, (hereinafter known as SHSU) dated June 29, 1993 and recorded in Volume 0197, Page 568, Official Records; THENCE Southerly, with the west line of said Tract 5 and the west line of Tract 4 of said Thomason Partition as recorded in a Deed to Thomason Estate Partnership, dated September 26, 1993 and recorded in Volume 0403, Page 140, Official Records, and the east line of said SHSU tract to a point for the west corner of said Tract 4, same being an angle corner of Tract 3 as per Partition Deed recorded in Volume 0403, Page 140, said point being an upper southeast corner of said SHSU tract; THENCE Westerly, with a north line of said Tract 3 and a south line of said SHSU tract, to a point for the northwest corner of said Tract 3 and an ell corner of said SHSU tract; THENCE Southerly, with the west line of said Tract 3 passing its southwest corner and being the northwest corner of Tract 2 of said Thomason Partition recorded in a Partition Deed to Julia Glass, et al, dated September 26, 1999 and recorded in Volume 0403, Page 146, Official Records, continuing southerly with the west line of said Tract 2 pass its southwest corner, same being the northwest corner of Tract 1 as per Thomason Partition in a Partition Deed to Julia Glass, et al, dated September 26, 1999 and recorded in Volume 0403, Page 152, Official Records, continuing with its west line to its southwest corner, same being an interior corner of said SHSU tract and being in the north line of a called 200 acre tract described in a Deed to Walter Benjamin Bius, dated September 28, 1999 and recorded in Volume 0400, Page 800, Official Records; THENCE Westerly, with the south line of said SHSU tract and the north line of said Bius 200 acre tract pass the northwest corner of said 200 acre tract, same being the northeast corner of Timberwilde Estates, Section 2 as per Plat recorded in Volume 1, Page 166, Plat Records of Walker County, Texas, continuing westerly, with the south line of said SHSU tract and the north line of said Timberwilde Estates, Section 2, to an ell corner of said SHSU tract and the northwest corner of said Timberwilde Estates, Section 2; THENCE Southerly, with the east line of said SHSU tract and the west line of said Timberwilde Estates, Section 2 to the most southerly southeast corner of said SHSU tract, same being in the west line of said Timberwilde Estates, Section 2; THENCE Westerly, with the south line of said SHSU tract to a point for the most southerly southwest corner of said SHSU tract on the east right -of -way line of Booker Road; THENCE Northerly with the east right -of -way line of Booker Road until it intersects with the west line of said SHSU property, continuing northerly with the west line of said SHSU property to a point for an angle corner of said SHSU property; THENCE Westerly, with a south line of said SHSU property to a point for another angle corner; THENCE Northerly, with a west line of said SHSU property line to a point for an angle corner; THENCE Westerly, continue with a south line of said SHSU property to a point for another angle corner; THENCE Northerly and northeasterly, with the west line of said SHSU property to a point in its west line and being the southwest corner of a called 91.9 acre tract described within the said SHSU property; THENCE Easterly, crossing through said SHSU property and along the south line of said 91.9 acre tract, to its southeast corner, same being the southwest corner of a called 60.76 acre tract described in a Deed to Annie B. Fraser, recorded in Volume 65, Page 536, Deed Records, said corner being an interior corner of said SHSU property, continue easterly with the north line of said SHSU property to the POINT OF ENDING at the existing city limits as per Ordinance 94 -33. City Airport Property - Northgate Meadows Area C - September, 2002 BEGINNING at a point in the existing city limits line as per an Ordinance dated March 14, 1969 and recorded in Volume 219, Page 627, of the Deed Records of Walker County, Texas, said point being the southwest corner of a called 35.81 acre tract described in a Deed from Dan S. Davis to the City of Huntsville, dated September 10, 1976 and recorded in Volume 293, Page 302, Deed Records, and being a north corner of a called 630 acre residue tract described in a Deed to the City of Huntsville recorded in Volume 112, Page 55, Deed Records, said point being also the northeast corner of a called 48.05 acre tract described in a Deed to L. Williams and recorded in Volume 343, Page 765, Deed Records; THENCE Northerly, with the west line of said 35.81 acre tract, passing a point for the northwest corner of said 35.81 acre tract, same being the southwest corner of a called 81.03 acre tract as described in a Deed from Northgate Meadows to the City of Huntsville, dated October 21, 1983 and recorded in Volume 420, Page 168, Deed Records, said 81.03 acre tract being also known as Lot 12, Block 4, Section 4 of Northgate Meadows Subdivision as per Plat recorded in Volume 1, Page 148, Plat Records of Walker County, Texas, said point called to be in the centerline of Hadley Creek; THENCE Northerly, continuing with the northwest line of said 81.03 and the southeast line of said Lot 11 to a point for the northwest corner of said 81.03 acre tract, said point being in the south right -of -way line of a road known locally as Hadley Creek Bend; THENCE Easterly, with the north property line of said 81.03 acre tract and the south right -of- way line of said road, to a point for the northeast corner of said 81.03 acre tract and the northwest corner of Lot 13 of said Block 4, Section 4 of Northgate Meadows Subdivision; THENCE Southerly with the east line of said 81.03 acre tract and the west line of said Lot 13, passing the southeast corner of said 81.03 acre tract and the southwest corner of said Lot 13, said corner being also the northeast corner of said 35.81 acre tract and the northwest corner of Lot 23 of Block 4, Section 4 of Northgate Meadows Subdivision, continuing southerly with the common property lines of said 35.81 acre tract and Lot 23 to the POINT OF ENDING in the existing city limits recorded in Volume 219, Page 627, Deed Records; USA Forest - Fish Hatchery Area Area E(Part 1) - September, 2002 BEGINNING at a point in the existing city limits of the City of Huntsville as per Ordinance 97 -24, dated July 29, 1994, said corner being the n orthwest c orner o f a c alled 100 a cre t ract described as Tract J(3) in a Deed from Gibbs Brothers and Company to United States of America, dated December 28, 1935 and recorded in Volume 82, Page 131, Deed Records of Walker County, Texas, said corner being the northeast corner of a called 2.00 acre tract described as Tract 2 in a Deed to Linda West, dated November 20, 1985 and recorded in Volume 02, Page 418, Official Records of Walker County, Texas, said point being the northwest corner of the herein described Area E (Part 1); THENCE Easterly, with the north line of said 100 acre tract to its northeast corner; THENCE Southerly, with the east line of said 100 acre tract, passing its southeast corner, continuing southerly to a point of intersection where the west line of said 100 acre tract would intersect the south right -of -way line of F.M. 2821 (Fish Hatchery Road); THENCE Westerly, with a lower south right -of -way line of F.M. 2821 (Fish Hatchery Road) to the POINT OF ENDING in the existing city limits line as per Ordinance 97 -20 dated June 3, 1997; USA Forest - Fish Hatchery Area Area E(Pt.2) - September, 2002 BEGINNING at a point in the existing city limits as per Ordinance 84 -32 dated November 13, 1984, said point being a southwest corner of a called 77 acre tract described in a Deed to Gibbs Brothers and Company recorded in Volume 40, Page 39, Deed Records and being the southeast corner of the Spring Hill Addition as per plat recorded in Volume 1, Page 4 of the Plat Records of Walker County, Texas, said point also being an angle corner of a tract or parcel of land known as Tract J12(a) as per deed from Gibbs Brothers and Company to United States of America, dated December 28, 1935 and recorded in Volume 82, Page 131; THENCE Easterly with the south line of said 77 acre tract to a point in the west line of the Jesse Parker League, Abstract No. 345; THENCE Southerly, with the west line of said Parker League, to a point for its southwest corner, same being the northwest corner of the W. A. Cook Survey, Abstract No. 108; THENCE Easterly, with the south line of said Parker League and the north line of said Cook Survey, to a point for the northeast corner of said Cook Survey, same being the northwest corner of the B. Resinhover Survey, Abstract No. 456; THENCE Southerly, with the west line of said Resinhover Survey and the east line of said Cook Survey, to a point on its east line, same being the northeast corner of a tract or parcel of land currently owned by Naomi P. Robey; THENCE Westerly across said Cook Survey, to a point on its west, same being the east line of the James Strange Survey, Abstract No. 530; THENCE Northerly, with the common lines of said Cook and Strange Surveys, to a point for a lower northwest corner of said Cook Survey and the northeast corner of said Strange Survey, same being in the south line of the Foster Bobo Survey, Abstract No. 74; THENCE Westerly, with the common lines of said Strange and Bobo Surveys to the POINT OF ENDING at the existing city limits as per Ordinance 94 -35 dated September 13, 1994. USA Forest - South Area F - September, 2002 BEGINNING at a point on the southwest city limits line as per City Ordinance 97 -20 dated June 3, 1997 said point being in an east line of the John M. Hardeman Survey, Abstract No. 279 and the west line of the John Fox Survey, Abstract No. 200, said point being an angle corner of USA Tract J12p as per deed recorded in Volume 82, Page 131, Deed Records of Walker County, Texas, same being an angle corner of the Silas Gammon Survey, Abstract No. 217; THENCE Southerly with the common lines of said Hardeman, Gammon Surveys and Tract J12p, to a point for the east corner of said Hardeman Survey; THENCE Westerly or southwesterly, with the common lines of said Hardeman, Gammon Surveys and Tract J12p, passing a west corner of said Gammon Survey, to a point for the south corner of said Hardeman Survey, same being an east corner of the J. P. Gibbs Survey, Abstract No. 782 THENCE Northerly, with the common lines of said Hardeman, Gibbs Surveys and Tract J12p, to a point for the east corner of said Hardeman Survey and an interior ell corner of said Gibbs Survey; THENCE Easterly or northeasterly, with the common lines of said Hardeman, Gibbs Surveys, and Tract J12p to the POINT OF ENDING, in the existing city limits line as per Ordinance 97 -20; USA Forest - Southwest Area G - September, 2002 BEGINNING at a point at a corner for the existing city limits line as per Ordinance 94 -31 dated September 13, 1994, same being in the south line of the S. A. & M. G .R R Survey, Abstract No. 535 and the north line of the W. D. Glasscock Survey, A -222, said point being within a tract or parcel of land described as Tract J69 in a Deed from Alfred Bull, et al to the United States of America, dated January 23, 1937 and recorded in Volume 92, Page 295, Deed Records of Walker County, Texas; THENCE Westerly, with the south lines of said Tract J69 and S.A.& M.G.RR. Survey and the north line of said Glasscock Survey, to a point for the south corner of said Tract J69, said point being the south corner of the S.A. & M.G.RR Survey and an upper northwest corner of the Glasscock Survey and also being in the east line of the William McDonald Survey, Abstract No. 30 and being also located in the east line of a called 310 acre tract described as Tract J1(n) in a Deed from Delta Land & Timber Company to the United States of America, dated December 27,1935 and recorded in Volume 82, Page 176, Deed Records; THENCE Southerly, with the common east lines of said McDonald Survey and Tract J1(n) and the west line of said Glasscock Survey to an ell corner of said Glasscock Survey, same being the east corner of said Tract J1(n) and McDonald Survey; THENCE Westerly, with a north line of said Glasscock Survey and the south lines of said Tract J 1(n) and McDonald Survey, pass the lower northwest corner of said Glasscock Survey, same being a north corner of the J. Hightower Survey, Abstract No. 650, continuing westerly with the south lines of said Tract J 1(n) and McDonald Survey and the north line of said Hightower Survey, to a point for the west corner of said Tract J1(n); THENCE Northerly, with the west line of said Tract J 1(n), within said McDonald Survey, to a point for corner of said Tract J1(n); THENCE Easterly, with a south line of said Tract J1(n) to a point for an angle corner of said Tract J 1(n); THENCE Northerly, with a west line of said Tract J 1(n) to a point for an angle corner of said Tract J1(n); THENCE Easterly, with a north line of said Tract J1(n) to a point for its northeast corner in the east line of said McDonald Survey, same being the west lines of the S. A. & M.G.RR Survey and Tract J69; THENCE Northerly, with the common lines of said McDonald Survey and S. A. & M.G.RR Survey and the west line of said Tract J69 to a point for the northwest corner of said Tract J69, said point being the southwest corner of the C. Wells Survey, Abstract No. 581; THENCE Easterly, with the north lines of said S. A. & M.G.RR Survey and Tract J69, to a point for an angle corner of said S. A. & M.G.RR Survey and Tract J69, same being the southeast corner of said Wells Survey; THENCE Northerly, with the west lines of said S. A. & M.G.RR Survey and Tract J69, same being the east line of said Wells Survey, to a point for a north corner of said S. A. & M.G.RR Survey and Tract J69 and being also an east corner of said Wells Survey, said point being located in the southwest line of the W. N. Mock Survey, Abstract No. 401; THENCE Easterly or southeasterly, with the common lines of said S. A. & M.G.RR Survey and Tract J69, and the south or southwest line of said Mock Survey, to a point for its south corner, same being a west corner of a called 557 acre tract described as Tract J12q in a Deed from Gibbs Brothers and Company to the United States of America, dated December 28, 1935 and recorded in Volume 82, Page 131, Deed Records; THENCE Northerly, with the common lines of said S. A. & M.G.RR Survey and Tract J12q, and the east or southeast line of said Mock Survey to the POINT OF ENDING, in the existing city limits line as per Ordinance No. 81 -05, dated January 13, 1981;