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ORD 1999-07 - Condemnation (Tenaska) 02-23-1999ORDINANCE NO. 99 -07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION EASEMENTS ACROSS CERTAIN DESCRIBED PROPERTIES FOR RIGHT -OF -WAY PURPOSES FOR CONSTRUCTION AND OPERATION OF A WATER PIPELINE AND RELATED APPURTENANCES FROM THE HUNTSVILLE REGIONAL WATER TREATMENT PLANT TO AN ELECTRIC GENERATING FACILITY NEAR SHIRO, GRIMES COUNTY, TEXAS, AND ORDERING THE CONDEMNATION OF SAID EASEMENTS TO PROCEED. WHEREAS by Ordinance 98 -18, passed and approved on September 1, 1998, the City Council authorized negotiation with landowners for easements across their properties in order to provide necessary right- of-way for the water pipeline system and its appurtenances extending from the Huntsville Regional Water Treatment Plant to an electric generating facility near Shiro, Grimes County, Texas, and purchase of such easements; and WHEREAS good faith negotiations with certain landowners have proven unsuccessful, and the landowners have been unable to agree with the City of Huntsville upon the consideration to be paid for the easements and further negotiations would be futile and unsuccessful; and WHEREAS condemnation has become necessary in order to acquire said easements; 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 by condemnation of easements across those properties described in Exhibit "A ", attached hereto and made a part of this ordinance, for the purpose of providing right -of -way for the water pipeline system and appurtenances extending from the Huntsville Regional Water Treatment Plant to an electric generating facility near Shiro, Grimes County, Texas. SECTION 2: It is hereby determined that the City of Huntsville, Texas, has in fact transmitted a bona fide offer to the said landowners in accord with the price ranges heretofore approved by the City Council, and that the City of Huntsville, Texas, and the said landowners have been unable to agree and cannot agree upon the value of the easements or the damages to be paid and further negotiations would be futile. SECTION 3: Public necessity requires the acquisition of the easements across the properties described in Exhibit "A" for right-of-way purposes for the water pipeline system and appurtenances extending from the Huntsville Regional Water Treatment Plant to an electric generating facility near Shiro, Grimes County, Texas, and that public necessity and convenience require the condemnation of said easements in order to acquire them for such purposes. SECTION 4: The City Attorney, and such private attorneys as designated by the City Manager to assist him, is hereby authorized and directed to institute proceedings in eminent domain against the landowners of the properties described in Exhibit "A" and against all other owners, lienholders, and other holders of interest in the properties in order to acquire easements for the water pipeline system and appurtenances. SECTION 5: This ordinance shall become effective immediately upon its passage. PASSED by the City Council of the City of Huntsville, Texas on this the �3 day of 1999- CITY OF HUNTSVILLE, TEXAS William B. Green, Mayor ATTEST: ADanna — Welter, — Welter, City Secretary APPROVED: Paul Isham, City Attorney PROPERTY OWNERS John W. Peavy, Jr. and Diane M. Peavy EXHIBIT "A" TO ORDINANCE NO. 99 -07 PROPERTY DESCRIPTION A 30' wide easement and right -of -way across a certain 42.68 acre tract of land out of the Manuel Herrera Survey, Abstract No. 25, Walker County, Texas, described by deed recorded in Volume 009 Page 326, Official Records, Walker County, Texas, and a certain 30.0 acre tract of land described by deed recorded in Volume 356, Page 251, Deed Records, Walker County, Texas. 02 -23 -1999 08 :53 409 294 9784 S M H M D& B P.02 SMITHER, MARTIN, HENDERSON & BLAZEK A PRCMNWAt CORM"T W ATTORNEYS AT LAw ONE FINANCIAL PLAZA, SUITE 210 HUNTSVILLE, TEXAS 77340 TK&TAM (409) 245.2624 TvA=Rn (109) 29{.9744 ROURT B. 8WHIR 11906.1996) Ucm C. MANniq Jot a HERON, JL FRAW 56%= Febmary 8, 1999 Judge Jolur Peavy Box 88043 Houston, Texas 77288 Re: City of Huntsville Waterline easement Dear Judge Peavy, FILE COPY Af6OCLT86 IQ" x CAM Of cwpaa.. Stall bwmm I enclose for your consideration the City's updated offer for a water line easement across your property as described in the attachments. I will call you soon regarding this matter. 7 4rely. e Scott Bounds SB/ngs Enclosures cc: Gene Pipes City Manager Bovd Wilder Director of Public Works C:IHOUNOSICI V IL\C( TYNUN7%TENASKAIPBAVYAO L Tt7t� +� � "- � ' 1'1,'�t #t f � r �'�+ r + is •��,(ri� �Jyf � � `' �� b�l.,R •��� i S`. df�';�p7 +�-}. ,`'P���i'l�il.`: , �, /�+ � S' i �, S Spy j� +i.., ' �'. 1l+ lr•i '� � iii• � +I # +fit ���� �� p t . ,�•� -' ��..s r • jl•.S �� t�µ'�j'�, S �sj�7�(►�r,_, re�4>4..Ik� 416 - �1 {',[�j4j,� (h / � g1 44 *f5 �4 2�� `` �, ,?t �� { .`t •� ,��'' Y ,I' a� ' C. ". I+ j♦, t ;. 1�� '', ' �� i� �(" 1 lNj ;^; �� �f =•F i "{ , .iL . . J►. � r� +` "• + +1�`.' {�'S�l� � � ��.i`'�, �'�� { "1�[� � f •� ' `fie t + • � - F J��j 1 f S, �t } it .� '- ( }�.1►,tt r r,�.r _ �i• tib- ��'� 'i' x,.1....1 "' a '"Y'f�, 'v? �j` 's" +• 'b•i "''�"i� am P�'. t ' S C •�� ' ` L� mot. '�t+ �� r , �i 1• . • i ' ^' Jd i M' 1 i it •r t• i i t 1! �� " t{ G �i ' 1: " � ' ( f +'.� 1, • i y'i j •�, . . , . �Y f .Y.{ _ "�• v ��c II�� ,yy � •'� , j' L i•tt,,j��'}t,,( +,��• Sy!` Y� ice.. .• �� . 'fi.• Liw w • � •' Y j"i,�. \+� t ` 02 -23 -1999 08.53 409 294 9784 S M H M D& B OFFER COMPUTATIONS FOR TRACT NO. W481 W48.5 APPARENT OWNER - JOHN W. PEAVY, JR. AND DIANE M. PEAVY WIN A search for recent land transactions in both Grimes and Walker counties was conducted. Additionally, lenders were contacted, as well as realtors and the Central Tax Appraisal District. The purpose of the search was to ascertain current land prices in the project area. The pipeline easement price has been based on 90% of the determined land price. The temporary construction easement price has been based on the rental of the land for the period (24 months or 2 years) of the easement at a return of 10% per year of the total price. Based on this information, we have established an offer for the 30 foot easement and a 20 foot temporary easement as follows: Interest Area $ /Acre Value % Value Years Total W48 Permanent Easement 1.17 1 $1,250 $1,462.50 90 °do- $1,316.26 Temporary Easement 0.78 $1,250 $ 950.00 10% 2.0 3 190.00 Total $1,506.25 Rounded $1.525.00 Approved By: L F. Boyd Wilder Director of Public Works City of Huntsville, Texas Date: g? - 02 -23 -1999 08:55 409 294 9784 5 M H M D& B 02,1U AL WED 48:23 FAX dog 294ST01 CITY SERVICE CENTER THE STATE OF TEXAS COUNTY OF WALKER Exhibit "A" To Right -of -Way And Easement Agreement Tract Number W48 I, William L. McCown, Registered Professional Land Surveyor No. 1719, do hereby certify` that the following field notes represent an on the ground survey of the following described parcel of land located in Walker County, Texas. Coordinates and heanngs are based on NGS Control Monument "Anderson ", NAD $3, (Grid N- 10172235.027 & E- 3663631.987), all other Co- ordinates and Distances called for herein are "Horizontal Surface" and may be converted to "Grid" by multip I lyin by a combined scale factor of 0.99988. Bearings are "Grid" based on the herein referenced NCr Control Monument "Anderson ". Being a centerline description of a Thirty (30) foot wide easement and right -of -way out of the Manuel Herrera Survey, Abstract 25, Walker County, Texas and being out of and a pan of a 42.68 acre tract described in a deed to John W. Pcavy, Jr. and Diane M. Peavy recorded to Volume 009, Page 326 of the Official Records of Walker County (O.R.W.C.) also being out of and apart of a 30% acre tract described in a deed to John W. Peavy, Jr. recorded in Volume 356, Pa ?e 251 of the Deed Records of Walker Cotta (D.R.W.C.) and being strip of land Thirty (30) feet in width, being Fifteen (15} feet northerly measured perpendicular) and Fifteen (15) feet southerly (measured perpendicular) from a surveyed ine described as follows: Commencing at an axel found at the most easterly northeasterly corner of said Peavy 42.68 acre tract; Thence S02 °08'20 "E along the easterly line of said Peavy 42.68 acre tract and the westerly line of a 216.5 acre tract described in a deed to RII Timberland Partners 3 LP recorded in Volume 250, Page 805 of the O.R. W.C., at a distance of 66.92 feet passing the southeasterly line of a 270 foot wide easement to Gulf States Utilities described in a deed recorded to Volume 344, Page 633 of the D.R. W.C., and from which metal "T" posts found bear N50 °40'08" E a distance of 10.75 feet, Thence N5V40'08" a distance of 1719.15 feet and Thence N50 °40'08 "E a distance of 9496.10 feet, in all a distance of 85.75 feet to a 518" iron rod set for the Point of Beginning of the herein described tract, said Point of Beginning having cc- ordinates of N =16256928.47 anc E =3723044.09; Thence S50 °40'08 "W along the center line of said 30 foot easement and right -of- -way, parallel to said existing Gulf States Utilities 270 foot easement, a distance of 1701.20 feet to a 5/8" iron rod set at the end of said 30 foot easement and right-of-way, and containing 1.17 acres of land, said point lying in the southerly line of said Peavy 10.00 acre tract and the northerly line of a 50.00 acre tract described in a deed to Mal J. Wiley recorded in Volume 222, Page 481 of the D.R.W.C. and from which A" iron rod found at the southwest corner of said Peavy 30.00 acre tract bears S87* 1715 "W a distance of 813.56 feet and a A iron rod found at the southeast corner of said Peavy 42.68 acre tract bears N87 °1715 "E a distance of 1355.26 feet, said ending point having co- ordinates of N= 10255850.25 and E= 3121728.22 Also, to facilitate construction, there is a temporary construction easement and right -of -way Twenty (20) feet in width southeasterly of and adjacent to the herein described Thirty (30) foot wide easement and right- of-way and containing 0.76 acres of land. PLAT OF EVEN DATE ACCOMPANIES THIS DESCRIPTION. r I &IS 02 -23 -1999 08:56 409 294 9784 02, 13'99 WID 016:21 FAX 400 :945T01 S M H M D& B CITY SERVICE CENTER EXHIBIT 8 WALKER COUNTY, TEXAS Monuel Herrero Survey Abs. No. 25 0 5001 1000' 1500• SCALE IN FEET yid ca5. 3r3a °w_�i� 5861 Za7'v `n FND 1/2 „ IR F-609.5x. FENCE COR 150' CENTRAL POWER & LIGHT EASEMENT VOL-424 PG.01 O.R.W.C. JOHN w, Pf AVY, JR. 30.00 AC •'" VOL. 356 / PG. 281 D.R.W,C, ' ,•SEE 05'fAIL -1) FNO 1/2 A •'$, 8704,15" w MAL J. WILEY 813.56 50,00 AC VOL. 222 / PG. 451 O,R.W.C. LW 1347,06' Oi;ti347.20 DE£O) DETAIL*2 ,g9' ., VND5 /8 "IR (NOT TO SCALE) Notes i, A Metes and Bounds deecriotiom of even date: accompanies this Plot. P.O.C. w W48 6: L� Asti o S 79.55.12^ E a V.8 �,• JOHN W. P£AVY, JR./ it DIANE M. PEAV -T 42.68 Ac, VOL, 009 r•'PG. 3;4 ,•� 1�c �/�`�y. CENTERLINE R/W t:r- S 87.17"1 ��i35 2 -ENO POINT N- 10255650.25 E- 3721728.22 2. Coordinates and Bearings are bored on NGS Control Monument "Anderson" (Grid N- 101172235.027 & E-366363 1.987), all other Co- ordimotes and {3lVORCes called for herein are -Hof izontal Surface" and may be converted to "Grid" b multiplying by o combined scale factor of 0.99988. Bearings are "Grid" based on referenced NCS Control P.06 QolT "T" POST sob:•;p�b y ".• p0 "T° POST .�t3 S 0'2.08' 20" E -8$.75 --- "T" POST ,0.8. £- 3723044.09 0 Rli TIMBERLAND PARTNERS 3, LP o us 216.5 Ac. 250/805 r-, O.R.W.C. OF A 24" CLARIFIED WATER PIPELINE (SEE DETAIL •1) ^w c140 1/2 " IR j BIRDWELL ROAD EXISTINC POWER LINE RIGHT- OF -WAr 0 0. sx -•� s s` 1 D E T t-AI L 4k i tNOT TO SCALE) 2,—.? 'fy 30• RIGHT -OF- WAY ,*1.17AC CENTERLINE R/W OF A 24" CLARIFIED WATER PIPELINE 20' TEMPORARY WORKSPACE'0.76 AC 9005 su iVEM/NQ, rNC.