ORD 1999-09 - Condemnation (Tenaska) 03-02-1999ORDINANCE NO. 99 -09
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;
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 upon the value of the easements or the
damages to be paid.
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 make a final offer as listed in
Exhibit "A" to the actual real and true owners of the property, whether correctly
named or not, for the purchase and acquisition by the City of an easement in the
property that is required for public purposes, and if the offer is not accepted after
written notification, 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 day of
bV-kCA-i , 1999.
CITY OF HUNTSVILLE, TEXAS
�' j 7� h,,,-
William B. Green, 1Mayor
ATTEST:
"—— a elter, City Secretary
Ish , City Attorney
PROPERTY OWNERS
EXHIBIT "A"
TO
ORDINANCE NO. 99 -09
Sullivan Partners (16/44) A 30' wide easement and right -of -way across a
certain 98.5 acre tract of land out of the N. Robbins
Survey, Abstract 455, and a 176.96 acre tract of
land out of the J. J. Anchez Survey, Abstract 46,
Walker County, Texas, described in a deed recorded
in Volume 304, Page 849, and Volume 30, Page
399, Deed Records, Walker County, Texas.
Paul Cameron, Jr. et ux (57/58/59)
(Highland Ranch)
Cleo Weir, et al (60)
Charles Weir, et ux (61)
Carl Davis Berglund, Julia Ann Wolfe,
Charlla Jean Neason, Anna Dailyn
Neason (65/66/68)
A 30' wide easement and right -of -way across a
certain 98.06 acre tract of land out of the S. Mixon
Survey, Abstract 351, a certain 35.32 acre tract of
land out of the J. Thornton Survey, Abstract 555,
and a certain 91.4 acre tract of land out of the J.
Lindley Survey, Abstract 325, Walker County,
Texas, described in a deed recorded in Volume 381,
Page 402, Deed Records, Walker County, Texas.
A 30' wide easement and right -of -way across a
certain 148.3 acre tract of land out of the John
Conner Survey, Abstract 11, Walker and Grimes
Counties, described in a deed recorded in Volume
221, Page 455, and Volume 288, Page 673, Deed
Records, Walker County, Texas.
A 30' wide easement and right -of -way across a
certain 235.1 acre tract of land out of John Conner
Survey, Abstract 12, Walker and Grimes Counties,
described in a deed recorded in Volume 295, Page
553, Deed Records, Walker County, Texas.
A 30' wide easement and right -of way across a
certain 56.30 acre tract of land out of John Fisher
Survey, Abstract 199, a certain 142.25 acre of land
out of Geo Robinson Survey, Abstract 391, and a
18.75 acre tract of land out of Geo Robinson
Survey, Abstract 391, Grimes County, Texas,
described by deed recorded in Volume 495, Page
754, Volume, 554, Page 718 and Volume 554, Page
730, Real Property Records of Grimes County,
Texas.
Joann Berglund et vir (7 1) A certain 30' wide easement and right -of -way across
a certain 128 acre tract of land out of the John
Fisher Survey, Abstract 199, Grimes County, Texas,
described by deed recorded in Volume 649, Page
669, Volume 608, Page 349, Volume 608, Page
346, and Volume 554, Page 727, Real Property
Records of Grimes County, Texas.
Florence Neason (90) A 30' wide easement and right -of -way across a
certain 25 acre tract of land out of the Wm.
McGuffin Survey, Abstract 39, Grimes County,
Texas, described by deed recorded in Volume 491,
Page 08, Real Property Records of Grimes County,
Texas.
David Hildebrandt (92) A 30' wide easement and right -of -way across a
certain 175 acre tract of land out of the Wm.
McGuffin Survey, Abstract 39, Grimes County,
Texas, described by deed recorded in Volume 640,
Page 252, Real Property Records of Grimes County,
Texas.