ORD 2002-25 - First Street Condemn 10-08-2002ORDINANCE NO. 2002-25
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
(FIRST STREET); D IRECTING T HE C ITY ATTORNEY T O 1 NSTITUTE
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
easements described herein for public purposes for the construction of First
Street east of Martin Luther King Boulevard;
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 certain rights -of -way described below for the purpose
of constructing First Street east of Martin Luther King Boulevard in the City
limits of the City of Huntsville, Texas:
Being 1.032 acres of land out of and part of the P. GRAY LEAGUE, Abstract
No. 24, City of Huntsville, Walker County, Texas, said 1.032 acres of land
being composed of two tracts, a 0.756 -acre tract of land and a 0.276 -acre
tract of land, said tracts being more fully described in Exhibit Al" attached
hereto and incorporated herein.
Section 2: That the City Attorney is authorized and directed to make an offer of
$7,500.00 to Helen Price and Jessie Violette, the record owners of the right -
of -way 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
owners to unconditionally accept the same within the time specified, the City
Council finds that public necessity requires the acquisition of the right -of -way
for the construction of First Street east of Martin Luther King Boulevard, and
the City Attorney is authorized to institute condemnation proceedings against
the property owners on behalf of the City of Huntsville underthe 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 tracts are
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 8th
day of October, 2002.
THE CITY OF H NTSVILLE
�'4
William B. Green, Mayor
ATTE T:
oe" / )
Danna Welter, City Secretary
APPROVED:
Paul Isham, City Attorney
THE STATE OF TEXAS ( )
COUNTY OF WALKER( )
I, the undersigned Bobby R. Murray, Registered Professional Land Surveyor No.1559, do
hereby certify t14 the following field notes represent a survey made on the ground under my
supervision of the following described tract or parcel of land located in Walker County, Texas.
All horizontal datum herein is based on the Texas State Plane Coordinate System, Central
Zone, NAD 1983 (1993 Adjustment), City of Huntsville Project No.02 -05 -04 Survey Point No.2,
having coordinates of N=10,262,996.27 and E= 3,801,388.87. Bearings herein are "GRID" and are
specifically referenced to a bearing of N05 °53'22 "E from City of Huntsville Project No. 02 -05 -04
Survey Point No. 2 to Survey Point No. I. Distances herein are "GRID" and may be converted to
"SURFACE" by using a combined Scale Factor of 0.999876.
Being 1.032 acres of land out of and a part of the P. GRAY LEAGUE, Abstract No. 24, City
of Huntsville, Walker County, Texas, said 1.032 acres of land being composed of two tracts, 0.756
of an acre out of the lower southwest corner of said 65.27 acre tract of land and 0.276 of an acre
being outof the lower southeast corner of said 65.27 acre tract of land, said 65.27 acre tract of land
being described as "Tract No. 2" of Exhibit "A" in a Deed from R. T. Marshall, Trustee, to Charles
Violette and Jessie Violette dated June 21, 1984 and recorded in Volume 432, Page 04 of the Deed
Records of Walker County, Texas and being also described as "Tract No. 2" of Exhibit "A" in a
Deed from Charles H. Violette to Helen I. Price dated August 13, 1986 and recorded in Volume 022,
Page 73 of the Official Public Records of Walker County, Texas, said 1.032 acres of land being
more definitely described as two tracts of land by metes and bounds as follows:
TRACT 1: 0.756 OF AN ACRE
BEGINNING at a'' /z" iron rod with a City of Huntsville aluminum cap set for the most southern
southwest comer of said Violette 65.27 acre tract, said corner being also the southeast corner of a
tract of land described in a Deed from William Perry and wife, Lillie Perry, to Cal Johnson dated
August 23, 1968 and recorded in Volume 215, Page 412, said comer being in the south line of a
called 0.50 acre tract of land described as "SECOND TRACT" in a Deed from W. B. Smith and
wife, Mary Smith, to Floyd B. Moore dated February 28, 1973 and recorded in Volume 253, Page
703, same being the north line of a called 1.29 acre tract formerly belonging to R. V. Sillers, all in
the Deed Records of Walker County, Texas, said point of beginning having coordinates of
N= 10,262,907.60 and E= 3,801,854.70;
THENCE N86049'1 0"E for a distance of 139.96 feet with a south line of said Violette 65.27 acre
tract, same being the south line of said Smith 0.50 of an acre tract, to a'' /z" iron rod with a City of
Huntsville aluminum cap set for the lower southeast corner of said Violette 65.27 acre tract, same
being the southeast comer of said Smith 0.50 of an acre tract of land;
THENCE N04 010'35 "W for a distance of 88.48 feet with a line of said Violette 65.27 acre tract,
same being the east line of said Smith 0.50 of an acre tract, to a 3/4" iron rod found for corner from
which a 6" concrete monument(leaning) for a comer of Gibbs Brothers & Company C. F. Adickes
Tract No. 9 bears N04 °06'00 "W - 19.9 feet and a Sweetgum 28" in diameter bears S 10 °30'55 "E -
27.1 feet to center of tree;
THENCE N86 048'45 "E for a distance of 266.10 feet with a south line of said Violette 65.27
acre tract to a 3/4" iron rod found for corner, said corner being also the southwest corner of a called
1.00 acre tract of land described in a Deed from Robert Johnson to Abe and Frank Johnson dated
July 15, 1946 and recorded in Volume 118, Page 535 of the Deed Records of Walker County, Texas;
THENCE N01 009'35 "W for a distance of 42.18 feet with a line of said Violette 65.27 acre tract,
same being the west line of said Johnson 1.00 acre tract, to a %z" iron rod with a City of Huntsville
aluminum cap set for the northeast corner of said 0.756 of an acre tract of land herein described;
THENCE S87 058'00 "W for a distance of 159.37 feet, within said Violette 65.27 acre tract, with
the north line of said 0.756 of an acre tract herein described to a'' /z' iron rod with a City of Huntsville
aluminum cap set in the lower west line of said Violette 65.27 acre tract for a northeast corner of
said 0.756 of an acre tract herein described;
THENCE S02 035'45 "E for a distance of 9.09 feet to a 4" concrete monument found for an upper
southwest corner of said Violette 65.27 acre tract, said corner being also the southeast corner of a
called 56,535 acre tract of land described in a Deed from the Huntsville Industrial Foundation to the
Huntsville Independent School District dated April 16,1982 and recorded in Volume 394, Page 394
of the Deed Records of Walker County, Texas, said corner being also the northeast corner of a 15'
xl08.33'strip of land (04/100 acre) described as "FOURTH TRACT "in said De d from W.B. Smith
to Floyd B. Moore, said corner being fifteen (15.00') north of the southeast corner of Gibbs Brothers
& Company C. F. Adickes Tract No. 10;
-2-
Violette 0.756 of an acre (cont'd)
THENCE S860 55'40 "W for a distance of 308.96 feet with an upper south line of said Violette
65.27 acre tract, salne being the south line of said Huntsville Independent School District 56.535 acre
tract, to a 3/4" iron rod found for a southwest corner of said Violette 65.27 acre tract, same being a
corner of said Huntsville Yndependent School District 56.535 acre tract, same being the northwest
corner of said 0.756 of an'acre tract of land herein described and being also the northwest corner of
a 15'x 200'(07/100 acre) strip of land described in a Deed from Gibbs Brothers & Company to W.
B. Smith dated January 15, 1947 and recorded in Volume 118, Page 71 of the Deed Records of
Walker County, Texas;
THENCE S02 054'25 "E for a distance of 15.00 feet with a lower west line of said Violette 65.27
acre tract and a line of said Huntsville Independent School District 56.535 acre tract to a %" iron rod
with a City of Huntsville aluminum cap set for an angle corner, said corner being also the southwest
corner of said 15'x 200'(07/100 acre) strip of land and a lower southeast corner of said Huntsville
Independent School District 56.535 acre tract of land;
THENCE SO4 029'40 "E for a distance of 60.26 feet with a lower west line of said Violette 65.27
acre tract, same being the west line of said W. B. Smith 0.50 of an acre tract, to a 3/4" iron rod found
for an upper southwest corner of said Violette tract, same being the northwest corner of said Cal
Johnson lot;
THENCE N86 054'50 "E for a distance of 60.02 feet with a south line of said Violette 65.27 acre
tract, same being the north line of said Cal Johnson tract, to a 5/8" iron rod with aluminum cap found
for a comer of said Violette 65.27 acre tract, same being the northeast corner of said Cal Johnson
lot;
THENCE SO4 °23'1 0 "E for a distance of 50.01 feet with a lower west line of said Violette 65.27
acre tract, same being the east line of said Cal Johnson tract, to the POINT OF BEGINNING.
TRACT 2: 0.276 OF AN ACRE
BEGINNING at a %Z" iron rod with aluminum cap found for the most southern southeast corner
of said Violette 65.27 acre tract of land in the east line of the abandoned Palmetto Lumber Company
railroad right -of -way said corner being also a corner of called 70 acres of land described in a Deed
from Essie P. Smith to Carl A. Mathews dated August 12, 1961 and recorded in Volume 172, Page
108 of the Deed Records of Walker County, Texas, said beginning point having coordinates of
N= 10,263,041.10 and E= 3,802,867.86;
THENCE S88 050'30 "W for a distance of 112.49 feet with a south line of said Violette 65.27
acre tract and with a line of said Mathews tract to a %z" iron rod found for a corner of said Mathews
70 acres of land, same being the northeast corner of a tract or parcel of land described in a Deed from
David Baker to Jose Luis Garcia dated June 6, 1989 and recorded in Volume 0113, Page 671 of the
Official Public Records of Walker County, Texas;
THENCE S88 020'10 "W for a distance of 192.83 feet with a south line of said Violette 65.27
acre tract, same being the north line of said Garcia tract and the north line of a tract or parcel of land
described in a Deed from Abe Johnson to Frank Douglas dated May 1, 1963 and recorded in Volume
181, Page 60 of the Deed Records of Walker County, Texas, to a %i' iron rod with an aluminum cap
found for a corner of said Violette 65.27 acre tract, same being the southeast corner of a called 1.00
acre tract of land described in a Deed from Robert Johnson to Abe and Frank Johnson dated July 15,
1946 and recorded in Volume 118, Page 535 of the Deed Records of Walker County, Texas;
THENCE NO2 °26' 10 "W for a distance of 38.33 feet with a line of said Violette 65.27 acre tract,
same being the east line of said Johnson 1.00 acre tract, to a• %:" iron rod with a City of Huntsville
aluminum cap set for the northwest comer of said 0.276 of an acre tract of land herein described;
THENCE N87 058'00 "E for a distance of 304.36 feet within said Violette 65.27 acre tract to a
%:" iron rod with a City of Huntsville aluminum cap set for the northeast corner of said 0.276 of an
acre tract of land herein described in the lower east line of said Violette 65.27 acre tract, same being
the upper west line of said Mathews 70 acres;
THENCE S03 043'30 "E for adistance of 41.31 feet with the lower east line of said Violette 65.27
acre tract, same being the upper west line of said Mathews 70 acres, to the POINT Or
BEGINNING.
Surveyed in July of 2002.
Signed
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